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90_SB0069eng
105 ILCS 5/10-22.25a from Ch. 122, par. 10-22.25a
105 ILCS 5/17-2.2c from Ch. 122, par. 17-2.2c
Amends the School Code. In the provisions relating to
school district leases of personal property for a term not
exceeding 5 years, defines personal property to include
computer hardware and software and all equipment, fixtures,
renovations, and improvements to district facilities that are
necessary to accommodate computers. In the provisions
relating to the tax that school districts may levy for
leasing educational facilities, includes computer technology
as a purpose for which that tax may be levied. Authorizes
the district to pledge the proceeds of that tax as security
for the payment of any lease, lease-purchase agreement, or
installment purchase agreement for the lease of educational
facilities or computer technology or both. Specifies
expenditures that may be made with the proceeds of the tax
levied for leasing educational facilities or computer
technology or both. Effective immediately.
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1 AN ACT in relation to school technology.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The School Code is amended by changing
5 Sections 10-22.25a and 17-2.2c as follows:
6 (105 ILCS 5/10-22.25a) (from Ch. 122, par. 10-22.25a)
7 Sec. 10-22.25a. To obtain personal property, when
8 authorized by an affirmative vote of 2/3 of the members of
9 the board, by lease, with or without an option to purchase,
10 for a period not to exceed 5 years or by purchase under an
11 installment contract extending over a period of not more than
12 5 years, with interest at a rate not to exceed the maximum
13 rate authorized by the Bond Authorization Act, as amended at
14 the time of the making of the contract; provided that the
15 term of guaranteed energy savings contracts as defined in
16 Article 19b of the School Code may exceed 5 years. For the
17 purpose of this Section, personal property shall include
18 computer hardware and software and all equipment, fixtures,
19 renovations, and improvements to existing facilities of the
20 district necessary to accommodate computers.
21 With respect to instruments for the payment of money
22 issued under this Section either before, on, or after the
23 effective date of this amendatory Act of 1989, it is and
24 always has been the intention of the General Assembly (i)
25 that the Omnibus Bond Acts are and always have been
26 supplementary grants of power to issue instruments in
27 accordance with the Omnibus Bond Acts, regardless of any
28 provision of this Act that may appear to be or to have been
29 more restrictive than those Acts, (ii) that the provisions of
30 this Section are not a limitation on the supplementary
31 authority granted by the Omnibus Bond Acts, and (iii) that
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1 instruments issued under this Section within the
2 supplementary authority granted by the Omnibus Bond Acts are
3 not invalid because of any provision of this Act that may
4 appear to be or to have been more restrictive than those
5 Acts.
6 (Source: P.A. 86-927; 87-1106.)
7 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
8 Sec. 17-2.2c. Tax for leasing educational facilities or
9 computer technology or both, and for temporary relocation
10 expense purposes. The school board of any district, except
11 for school boards of districts in municipalities of 500,000
12 or more, may, by proper resolution levy an annual tax, in
13 addition to any other taxes and not subject to the
14 limitations specified elsewhere in this Article, not to
15 exceed .05% upon the value of the taxable property as
16 equalized or assessed by the Department of Revenue, for the
17 purpose of leasing educational facilities or computer
18 technology or both, and, until the school district has repaid
19 to the State all moneys distributed to it for temporary
20 relocation expenses of the district, may levy an annual tax
21 not to exceed .05% upon the value of the taxable property as
22 equalized or assessed by the Department of Revenue for the
23 purpose of providing for the repayment of moneys distributed
24 for temporary relocation expenses of the school district
25 pursuant to Section 2-3.77.
26 The tax rate limit specified by this Section with respect
27 to an annual tax levied for the purpose of leasing
28 educational facilities or computer technology or both may be
29 increased to .10% upon the approval of a proposition to
30 effect such increase by a majority of the electors voting on
31 that proposition at a regular scheduled election. Such
32 proposition may be initiated by resolution of the school
33 board and shall be certified by the secretary to the proper
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1 election authorities for submission in accordance with the
2 general election law.
3 The district is authorized to pledge any tax levied
4 pursuant to this Section for the purpose of leasing
5 educational facilities or computer technology or both to
6 secure the payment of any lease, lease-purchase agreement, or
7 installment purchase agreement entered into by the district
8 for such purpose.
9 For the purposes of this Section, "leasing of educational
10 facilities or computer technology or both" includes any
11 payment with respect to a lease, lease-purchase agreement, or
12 installment purchase agreement to acquire or use buildings,
13 rooms, grounds, and appurtenances to be used by the district
14 for the use of schools or for school administration purposes
15 and all equipment, fixtures, renovations, and improvements to
16 existing facilities of the district necessary to accommodate
17 computers, as well as computer hardware and software.
18 Any school district may abolish or abate its fund for
19 leasing educational facilities or computer technology or both
20 and for temporary relocation expense purposes upon the
21 adoption of a resolution so providing and upon a
22 determination by the school board that the moneys in the fund
23 are no longer needed for leasing educational facilities or
24 computer technology or both or for temporary relocation
25 expense purposes. The resolution shall direct the transfer
26 of any balance in the fund to another school district fund or
27 funds immediately upon the resolution taking effect.
28 Thereafter, any outstanding taxes of the school district
29 levied pursuant to this Section shall be collected and paid
30 into the fund or funds as directed by the school board.
31 Nothing in this Section shall prevent a school district that
32 has abolished or abated the fund from again creating a fund
33 for leasing educational facilities and for temporary
34 relocation expense purposes in the manner provided in this
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1 Section.
2 (Source: P.A. 89-106, eff. 7-7-95.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming a law.