Illinois General Assembly - Full Text of HB4616
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Full Text of HB4616  98th General Assembly




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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Section
517-2.11 as follows:
6    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
7    Sec. 17-2.11. School board power to levy a tax or to borrow
8money and issue bonds for fire prevention, safety, energy
9conservation, disabled accessibility, school security, and
10specified repair purposes.
11    (a) Whenever, as a result of any lawful order of any
12agency, other than a school board, having authority to enforce
13any school building code applicable to any facility that houses
14students, or any law or regulation for the protection and
15safety of the environment, pursuant to the Environmental
16Protection Act, any school district having a population of less
17than 500,000 inhabitants is required to alter or reconstruct
18any school building or permanent, fixed equipment; the district
19may, by proper resolution, levy a tax for the purpose of making
20such alteration or reconstruction, based on a survey report by
21an architect or engineer licensed in this State, upon all of
22the taxable property of the district at the value as assessed
23by the Department of Revenue and at a rate not to exceed 0.05%



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1per year for a period sufficient to finance such alteration or
2reconstruction, upon the following conditions:
3        (1) When there are not sufficient funds available in
4    the operations and maintenance fund of the school district,
5    the school facility occupation tax fund of the district, or
6    the fire prevention and safety fund of the district, as
7    determined by the district on the basis of rules adopted by
8    the State Board of Education, to make such alteration or
9    reconstruction or to purchase and install such permanent,
10    fixed equipment so ordered or determined as necessary.
11    Appropriate school district records must be made available
12    to the State Superintendent of Education, upon request, to
13    confirm this insufficiency.
14        (2) When a certified estimate of an architect or
15    engineer licensed in this State stating the estimated
16    amount necessary to make the alteration or reconstruction
17    or to purchase and install the equipment so ordered has
18    been secured by the school district, and the estimate has
19    been approved by the regional superintendent of schools
20    having jurisdiction over the district and the State
21    Superintendent of Education. Approval must not be granted
22    for any work that has already started without the prior
23    express authorization of the State Superintendent of
24    Education. If the estimate is not approved or is denied
25    approval by the regional superintendent of schools within 3
26    months after the date on which it is submitted to him or



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1    her, the school board of the district may submit the
2    estimate directly to the State Superintendent of Education
3    for approval or denial.
4    In the case of an emergency situation, where the estimated
5cost to effectuate emergency repairs is less than the amount
6specified in Section 10-20.21 of this Code, the school district
7may proceed with such repairs prior to approval by the State
8Superintendent of Education, but shall comply with the
9provisions of subdivision (2) of this subsection (a) as soon
10thereafter as may be as well as Section 10-20.21 of this Code.
11If the estimated cost to effectuate emergency repairs is
12greater than the amount specified in Section 10-20.21 of this
13Code, then the school district shall proceed in conformity with
14Section 10-20.21 of this Code and with rules established by the
15State Board of Education to address such situations. The rules
16adopted by the State Board of Education to deal with these
17situations shall stipulate that emergency situations must be
18expedited and given priority consideration. For purposes of
19this paragraph, an emergency is a situation that presents an
20imminent and continuing threat to the health and safety of
21students or other occupants of a facility, requires complete or
22partial evacuation of a building or part of a building, or
23consumes one or more of the 5 emergency days built into the
24adopted calendar of the school or schools or would otherwise be
25expected to cause such school or schools to fall short of the
26minimum school calendar requirements.



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1    (b) Whenever any such district determines that it is
2necessary for energy conservation purposes that any school
3building or permanent, fixed equipment should be altered or
4reconstructed and that such alterations or reconstruction will
5be made with funds not necessary for the completion of approved
6and recommended projects contained in any safety survey report
7or amendments thereto authorized by Section 2-3.12 of this Act;
8the district may levy a tax or issue bonds as provided in
9subsection (a) of this Section.
10    (c) Whenever any such district determines that it is
11necessary for disabled accessibility purposes and to comply
12with the school building code that any school building or
13equipment should be altered or reconstructed and that such
14alterations or reconstruction will be made with funds not
15necessary for the completion of approved and recommended
16projects contained in any safety survey report or amendments
17thereto authorized under Section 2-3.12 of this Act, the
18district may levy a tax or issue bonds as provided in
19subsection (a) of this Section.
20    (d) Whenever any such district determines that it is
21necessary for school security purposes and the related
22protection and safety of pupils and school personnel that any
23school building or property should be altered or reconstructed
24or that security systems and equipment (including but not
25limited to intercom, early detection and warning, access
26control and television monitoring systems) should be purchased



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1and installed, and that such alterations, reconstruction or
2purchase and installation of equipment will be made with funds
3not necessary for the completion of approved and recommended
4projects contained in any safety survey report or amendment
5thereto authorized by Section 2-3.12 of this Act and will deter
6and prevent unauthorized entry or activities upon school
7property by unknown or dangerous persons, assure early
8detection and advance warning of any such actual or attempted
9unauthorized entry or activities and help assure the continued
10safety of pupils and school staff if any such unauthorized
11entry or activity is attempted or occurs; the district may levy
12a tax or issue bonds as provided in subsection (a) of this
14    (e) If a school district does not need funds for other fire
15prevention and safety projects, including the completion of
16approved and recommended projects contained in any safety
17survey report or amendments thereto authorized by Section
182-3.12 of this Act, and it is determined after a public hearing
19(which is preceded by at least one published notice (i)
20occurring at least 7 days prior to the hearing in a newspaper
21of general circulation within the school district and (ii)
22setting forth the time, date, place, and general subject matter
23of the hearing) that there is a substantial, immediate, and
24otherwise unavoidable threat to the health, safety, or welfare
25of pupils due to disrepair of school sidewalks, playgrounds,
26parking lots, or school bus turnarounds and repairs must be



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1made; then the district may levy a tax or issue bonds as
2provided in subsection (a) of this Section.
3    (f) For purposes of this Section a school district may
4replace a school building or build additions to replace
5portions of a building when it is determined that the
6effectuation of the recommendations for the existing building
7will cost more than the replacement costs. Such determination
8shall be based on a comparison of estimated costs made by an
9architect or engineer licensed in the State of Illinois. The
10new building or addition shall be equivalent in area (square
11feet) and comparable in purpose and grades served and may be on
12the same site or another site. Such replacement may only be
13done upon order of the regional superintendent of schools and
14the approval of the State Superintendent of Education.
15    (g) The filing of a certified copy of the resolution
16levying the tax when accompanied by the certificates of the
17regional superintendent of schools and State Superintendent of
18Education shall be the authority of the county clerk to extend
19such tax.
20    (h) The county clerk of the county in which any school
21district levying a tax under the authority of this Section is
22located, in reducing raised levies, shall not consider any such
23tax as a part of the general levy for school purposes and shall
24not include the same in the limitation of any other tax rate
25which may be extended.
26    Such tax shall be levied and collected in like manner as



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1all other taxes of school districts, subject to the provisions
2contained in this Section.
3    (i) The tax rate limit specified in this Section may be
4increased to .10% upon the approval of a proposition to effect
5such increase by a majority of the electors voting on that
6proposition at a regular scheduled election. Such proposition
7may be initiated by resolution of the school board and shall be
8certified by the secretary to the proper election authorities
9for submission in accordance with the general election law.
10    (j) When taxes are levied by any school district for fire
11prevention, safety, energy conservation, and school security
12purposes as specified in this Section, and the purposes for
13which the taxes have been levied are accomplished and paid in
14full, and there remain funds on hand in the Fire Prevention and
15Safety Fund from the proceeds of the taxes levied, including
16interest earnings thereon, the school board by resolution shall
17use such excess and other board restricted funds, excluding
18bond proceeds and earnings from such proceeds, as follows:
19        (1) for other authorized fire prevention, safety,
20    energy conservation, and school security purposes and for
21    required safety inspections; or
22        (2) for transfer to the Operations and Maintenance Fund
23    for the purpose of abating an equal amount of operations
24    and maintenance purposes taxes.
25Notwithstanding subdivision (2) of this subsection (j) and
26subsection (k) of this Section, through June 30, 2016, the



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1school board may, by proper resolution following a public
2hearing set by the school board or the president of the school
3board (that is preceded (i) by at least one published notice
4over the name of the clerk or secretary of the board, occurring
5at least 7 days and not more than 30 days prior to the hearing,
6in a newspaper of general circulation within the school
7district and (ii) by posted notice over the name of the clerk
8or secretary of the board, at least 48 hours before the
9hearing, at the principal office of the school board or at the
10building where the hearing is to be held if a principal office
11does not exist, with both notices setting forth the time, date,
12place, and subject matter of the hearing), transfer surplus
13life safety taxes and interest earnings thereon to the
14Operations and Maintenance Fund for building repair work.
15    (k) If any transfer is made to the Operation and
16Maintenance Fund, the secretary of the school board shall
17within 30 days notify the county clerk of the amount of that
18transfer and direct the clerk to abate the taxes to be extended
19for the purposes of operations and maintenance authorized under
20Section 17-2 of this Act by an amount equal to such transfer.
21    (l) If the proceeds from the tax levy authorized by this
22Section are insufficient to complete the work approved under
23this Section, the school board is authorized to sell bonds
24without referendum under the provisions of this Section in an
25amount that, when added to the proceeds of the tax levy
26authorized by this Section, will allow completion of the



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1approved work.
2    (m) Any bonds issued pursuant to this Section shall bear
3interest at a rate not to exceed the maximum rate authorized by
4law at the time of the making of the contract, shall mature
5within 20 years from date, and shall be signed by the president
6of the school board and the treasurer of the school district.
7    (n) In order to authorize and issue such bonds, the school
8board shall adopt a resolution fixing the amount of bonds, the
9date thereof, the maturities thereof, rates of interest
10thereof, place of payment and denomination, which shall be in
11denominations of not less than $100 and not more than $5,000,
12and provide for the levy and collection of a direct annual tax
13upon all the taxable property in the school district sufficient
14to pay the principal and interest on such bonds to maturity.
15Upon the filing in the office of the county clerk of the county
16in which the school district is located of a certified copy of
17the resolution, it is the duty of the county clerk to extend
18the tax therefor in addition to and in excess of all other
19taxes heretofore or hereafter authorized to be levied by such
20school district.
21    (o) After the time such bonds are issued as provided for by
22this Section, if additional alterations or reconstructions are
23required to be made because of surveys conducted by an
24architect or engineer licensed in the State of Illinois, the
25district may levy a tax at a rate not to exceed .05% per year
26upon all the taxable property of the district or issue



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1additional bonds, whichever action shall be the most feasible.
2    (p) This Section is cumulative and constitutes complete
3authority for the issuance of bonds as provided in this Section
4notwithstanding any other statute or law to the contrary.
5    (q) With respect to instruments for the payment of money
6issued under this Section either before, on, or after the
7effective date of Public Act 86-004 (June 6, 1989), it is, and
8always has been, the intention of the General Assembly (i) that
9the Omnibus Bond Acts are, and always have been, supplementary
10grants of power to issue instruments in accordance with the
11Omnibus Bond Acts, regardless of any provision of this Act that
12may appear to be or to have been more restrictive than those
13Acts, (ii) that the provisions of this Section are not a
14limitation on the supplementary authority granted by the
15Omnibus Bond Acts, and (iii) that instruments issued under this
16Section within the supplementary authority granted by the
17Omnibus Bond Acts are not invalid because of any provision of
18this Act that may appear to be or to have been more restrictive
19than those Acts.
20    (r) When the purposes for which the bonds are issued have
21been accomplished and paid for in full and there remain funds
22on hand from the proceeds of the bond sale and interest
23earnings therefrom, the board shall, by resolution, use such
24excess funds in accordance with the provisions of Section
2510-22.14 of this Act.
26    (s) Whenever any tax is levied or bonds issued for fire



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1prevention, safety, energy conservation, and school security
2purposes, such proceeds shall be deposited and accounted for
3separately within the Fire Prevention and Safety Fund.
4(Source: P.A. 98-26, eff. 6-21-13.)
5    Section 99. Effective date. This Act takes effect upon
6becoming law.