Public Act 094-1078
 
SB0380 Enrolled LRB094 09889 NHT 40147 b

    AN ACT concerning education.
 
    WHEREAS, Oswego Community Unit School District Number 308
has experienced an extremely rapid increase in the size of its
student population; since 2003, the size of the district's
student population has increased from 8,600 to 14,100 and is
expected to exceed 27,000 by the 2011-2012 school year; in
order to meet the needs of its current and future students, the
school district must be able to construct new facilities and
improve its existing facilities; additional bonding authority,
subject to referendum approval, is needed to finance these
capital projects; at the general election held on November 7,
2006, the voters of the district approved the following
proposition:
    Shall the Board of Education of Oswego Community Unit
    School District Number 308, Kendall, Kane and Will
    Counties, Illinois, build and equip one new high school
    building, four new junior high school buildings, eight new
    elementary school buildings, an early childhood building,
    a maintenance building, a transportation facility and
    additions to existing school buildings, alter, repair,
    equip and provide technology improvements to existing
    school buildings, acquire and improve school sites and
    issue the bonds of said School District to the amount of
    $450,000,000 for the purpose of paying the costs thereof?;
    and
 
    WHEREAS, Lincoln-Way Community High School District Number
210 has experienced an extremely rapid increase in the size of
its student population; the size of the district's student
population has increased from 4,475 in the 1998-1999 school
year to 6,632 in the 2005-2006 school year and is expected to
exceed 8,400 by the 2009-2010 school year; in order to meet the
needs of its current and future students, the school district
must be able to construct new facilities and improve its
existing facilities; additional bonding authority, subject to
referendum approval, is needed to finance these capital
projects; at the general primary election held on March 21,
2006, the voters of the district approved the following
proposition:
    Shall the Board of Education of Lincoln-Way Community High
    School District 210, Will County, Illinois, improve the
    sites of and build and equip two high school buildings,
    improve the sites and alter, repair and equip the
    Lincoln-Way Central and East High School Buildings and
    issue bonds of said School District to the amount of
    $225,000,000 for the purpose of paying the costs thereof?;
    and
 
    WHEREAS, Ford Heights School District 169 serves the
educational needs of one of the poorest communities in the
nation; the Ford Motor Company is the largest single property
taxpayer within the District, and it owns property that
comprises at least 20% of the equalized assessed value in the
District; the Ford Motor Company has realized reductions of its
property's equalized assessed valuation of at least 40% between
the 2000 and 2005 taxable years; the District has,
consequently, lost property tax revenues due to tax refunds of
$2,700,000 over the past several years; it is projected that
the District will run out of operating funds entirely as early
as January 2007, and it will be forced to lay off approximately
30 of its 65 teachers; this financial crisis endangers the
quality of education received by the children of the District
and it threatens the health, safety, and welfare of the
citizens; therefore
 
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Property Tax Code is amended by changing
Sections 18-185 and 18-190.5 as follows:
 
    (35 ILCS 200/18-185)
    Sec. 18-185. Short title; definitions. This Division 5 may
be cited as the Property Tax Extension Limitation Law. As used
in this Division 5:
    "Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
    "Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the rate
of increase approved by voters under Section 18-205.
    "Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
    "Taxing district" has the same meaning provided in Section
1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of
its 1990 equalized assessed value within any county or counties
contiguous to a county with 3,000,000 or more inhabitants.
Beginning with the 1995 levy year, "taxing district" includes
only each non-home rule taxing district subject to this Law
before the 1995 levy year and each non-home rule taxing
district not subject to this Law before the 1995 levy year
having the majority of its 1994 equalized assessed value in an
affected county or counties. Beginning with the levy year in
which this Law becomes applicable to a taxing district as
provided in Section 18-213, "taxing district" also includes
those taxing districts made subject to this Law as provided in
Section 18-213.
    "Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made for
any taxing district to pay interest or principal on general
obligation bonds issued before October 1, 1991; (c) made for
any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued
before October 1, 1991; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to
refund bonds issued after October 1, 1991 that were approved by
referendum; (e) made for any taxing district to pay interest or
principal on revenue bonds issued before October 1, 1991 for
payment of which a property tax levy or the full faith and
credit of the unit of local government is pledged; however, a
tax for the payment of interest or principal on those bonds
shall be made only after the governing body of the unit of
local government finds that all other sources for payment are
insufficient to make those payments; (f) made for payments
under a building commission lease when the lease payments are
for the retirement of bonds issued by the commission before
October 1, 1991, to pay for the building project; (g) made for
payments due under installment contracts entered into before
October 1, 1991; (h) made for payments of principal and
interest on bonds issued under the Metropolitan Water
Reclamation District Act to finance construction projects
initiated before October 1, 1991; (i) made for payments of
principal and interest on limited bonds, as defined in Section
3 of the Local Government Debt Reform Act, in an amount not to
exceed the debt service extension base less the amount in items
(b), (c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made by a school district that participates in
the Special Education District of Lake County, created by
special education joint agreement under Section 10-22.31 of the
School Code, for payment of the school district's share of the
amounts required to be contributed by the Special Education
District of Lake County to the Illinois Municipal Retirement
Fund under Article 7 of the Illinois Pension Code; the amount
of any extension under this item (k) shall be certified by the
school district to the county clerk; (l) made to fund expenses
of providing joint recreational programs for the handicapped
under Section 5-8 of the Park District Code or Section 11-95-14
of the Illinois Municipal Code; (m) made for temporary
relocation loan repayment purposes pursuant to Sections 2-3.77
and 17-2.2d of the School Code; (n) made for payment of
principal and interest on any bonds issued under the authority
of Section 17-2.2d of the School Code; and (o) made for
contributions to a firefighter's pension fund created under
Article 4 of the Illinois Pension Code, to the extent of the
amount certified under item (5) of Section 4-134 of the
Illinois Pension Code.
    "Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except taxing
districts subject to this Law in accordance with Section
18-213) means the annual corporate extension for the taxing
district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest or
principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest or
principal on general obligation bonds issued before March 1,
1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund those
bonds issued before March 1, 1995; (d) made for any taxing
district to pay interest or principal on bonds issued to refund
or continue to refund bonds issued after March 1, 1995 that
were approved by referendum; (e) made for any taxing district
to pay interest or principal on revenue bonds issued before
March 1, 1995 for payment of which a property tax levy or the
full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the governing
body of the unit of local government finds that all other
sources for payment are insufficient to make those payments;
(f) made for payments under a building commission lease when
the lease payments are for the retirement of bonds issued by
the commission before March 1, 1995 to pay for the building
project; (g) made for payments due under installment contracts
entered into before March 1, 1995; (h) made for payments of
principal and interest on bonds issued under the Metropolitan
Water Reclamation District Act to finance construction
projects initiated before October 1, 1991; (h-4) made for
stormwater management purposes by the Metropolitan Water
Reclamation District of Greater Chicago under Section 12 of the
Metropolitan Water Reclamation District Act; (i) made for
payments of principal and interest on limited bonds, as defined
in Section 3 of the Local Government Debt Reform Act, in an
amount not to exceed the debt service extension base less the
amount in items (b), (c), and (e) of this definition for
non-referendum obligations, except obligations initially
issued pursuant to referendum and bonds described in subsection
(h) of this definition; (j) made for payments of principal and
interest on bonds issued under Section 15 of the Local
Government Debt Reform Act; (k) made for payments of principal
and interest on bonds authorized by Public Act 88-503 and
issued under Section 20a of the Chicago Park District Act for
aquarium or museum projects; (l) made for payments of principal
and interest on bonds authorized by Public Act 87-1191 or
93-601 and (i) issued pursuant to Section 21.2 of the Cook
County Forest Preserve District Act, (ii) issued under Section
42 of the Cook County Forest Preserve District Act for
zoological park projects, or (iii) issued under Section 44.1 of
the Cook County Forest Preserve District Act for botanical
gardens projects; (m) made pursuant to Section 34-53.5 of the
School Code, whether levied annually or not; (n) made to fund
expenses of providing joint recreational programs for the
handicapped under Section 5-8 of the Park District Code or
Section 11-95-14 of the Illinois Municipal Code; (o) made by
the Chicago Park District for recreational programs for the
handicapped under subsection (c) of Section 7.06 of the Chicago
Park District Act; and (p) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code
(q) made by Ford Heights School District 169 under Section
17-9.02 of the School Code.
    "Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except for
those taxing districts subject to paragraph (2) of subsection
(e) of Section 18-213, means the annual corporate extension for
the taxing district and those special purpose extensions that
are made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before
the date on which the referendum making this Law applicable to
the taxing district is held; (c) made for any taxing district
to pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the date on which
the referendum making this Law applicable to the taxing
district is held; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to
refund bonds issued after the date on which the referendum
making this Law applicable to the taxing district is held if
the bonds were approved by referendum after the date on which
the referendum making this Law applicable to the taxing
district is held; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before the date
on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district is
held to pay for the building project; (g) made for payments due
under installment contracts entered into before the date on
which the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the debt
service extension base less the amount in items (b), (c), and
(e) of this definition for non-referendum obligations, except
obligations initially issued pursuant to referendum; (i) made
for payments of principal and interest on bonds issued under
Section 15 of the Local Government Debt Reform Act; (j) made
for a qualified airport authority to pay interest or principal
on general obligation bonds issued for the purpose of paying
obligations due under, or financing airport facilities
required to be acquired, constructed, installed or equipped
pursuant to, contracts entered into before March 1, 1996 (but
not including any amendments to such a contract taking effect
on or after that date); (k) made to fund expenses of providing
joint recreational programs for the handicapped under Section
5-8 of the Park District Code or Section 11-95-14 of the
Illinois Municipal Code; and (l) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code.
    "Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of subsection
(e) of Section 18-213 means the annual corporate extension for
the taxing district and those special purpose extensions that
are made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before
the effective date of this amendatory Act of 1997; (c) made for
any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued
before the effective date of this amendatory Act of 1997; (d)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund bonds issued after
the effective date of this amendatory Act of 1997 if the bonds
were approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the retirement
of bonds issued by the commission before the effective date of
this amendatory Act of 1997 to pay for the building project;
(g) made for payments due under installment contracts entered
into before the effective date of this amendatory Act of 1997;
(h) made for payments of principal and interest on limited
bonds, as defined in Section 3 of the Local Government Debt
Reform Act, in an amount not to exceed the debt service
extension base less the amount in items (b), (c), and (e) of
this definition for non-referendum obligations, except
obligations initially issued pursuant to referendum; (i) made
for payments of principal and interest on bonds issued under
Section 15 of the Local Government Debt Reform Act; (j) made
for a qualified airport authority to pay interest or principal
on general obligation bonds issued for the purpose of paying
obligations due under, or financing airport facilities
required to be acquired, constructed, installed or equipped
pursuant to, contracts entered into before March 1, 1996 (but
not including any amendments to such a contract taking effect
on or after that date); (k) made to fund expenses of providing
joint recreational programs for the handicapped under Section
5-8 of the Park District Code or Section 11-95-14 of the
Illinois Municipal Code; and (l) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code.
    "Debt service extension base" means an amount equal to that
portion of the extension for a taxing district for the 1994
levy year, or for those taxing districts subject to this Law in
accordance with Section 18-213, except for those subject to
paragraph (2) of subsection (e) of Section 18-213, for the levy
year in which the referendum making this Law applicable to the
taxing district is held, or for those taxing districts subject
to this Law in accordance with paragraph (2) of subsection (e)
of Section 18-213 for the 1996 levy year, constituting an
extension for payment of principal and interest on bonds issued
by the taxing district without referendum, but not including
excluded non-referendum bonds. For park districts (i) that were
first subject to this Law in 1991 or 1995 and (ii) whose
extension for the 1994 levy year for the payment of principal
and interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds)
was less than 51% of the amount for the 1991 levy year
constituting an extension for payment of principal and interest
on bonds issued by the park district without referendum (but
not including excluded non-referendum bonds), "debt service
extension base" means an amount equal to that portion of the
extension for the 1991 levy year constituting an extension for
payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded
non-referendum bonds). The debt service extension base may be
established or increased as provided under Section 18-212.
"Excluded non-referendum bonds" means (i) bonds authorized by
Public Act 88-503 and issued under Section 20a of the Chicago
Park District Act for aquarium and museum projects; (ii) bonds
issued under Section 15 of the Local Government Debt Reform
Act; or (iii) refunding obligations issued to refund or to
continue to refund obligations initially issued pursuant to
referendum.
    "Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant to
Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not.
The extension for a special service area is not included in the
aggregate extension.
    "Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
    "Levy year" has the same meaning as "year" under Section
1-155.
    "New property" means (i) the assessed value, after final
board of review or board of appeals action, of new improvements
or additions to existing improvements on any parcel of real
property that increase the assessed value of that real property
during the levy year multiplied by the equalization factor
issued by the Department under Section 17-30, (ii) the assessed
value, after final board of review or board of appeals action,
of real property not exempt from real estate taxation, which
real property was exempt from real estate taxation for any
portion of the immediately preceding levy year, multiplied by
the equalization factor issued by the Department under Section
17-30, including the assessed value, upon final stabilization
of occupancy after new construction is complete, of any real
property located within the boundaries of an otherwise or
previously exempt military reservation that is intended for
residential use and owned by or leased to a private corporation
or other entity, and (iii) in counties that classify in
accordance with Section 4 of Article IX of the Illinois
Constitution, an incentive property's additional assessed
value resulting from a scheduled increase in the level of
assessment as applied to the first year final board of review
market value. In addition, the county clerk in a county
containing a population of 3,000,000 or more shall include in
the 1997 recovered tax increment value for any school district,
any recovered tax increment value that was applicable to the
1995 tax year calculations.
    "Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
    "Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment
Allocation Act, of each taxable lot, block, tract, or parcel of
real property in the redevelopment project area over and above
the initial equalized assessed value of each property in the
redevelopment project area. For the taxes which are extended
for the 1997 levy year, the recovered tax increment value for a
non-home rule taxing district that first became subject to this
Law for the 1995 levy year because a majority of its 1994
equalized assessed value was in an affected county or counties
shall be increased if a municipality terminated the designation
of an area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Development Act
in the Illinois Municipal Code, previously established under
the Industrial Jobs Recovery Law in the Illinois Municipal
Code, or previously established under the Economic Development
Area Tax Increment Allocation Act, by an amount equal to the
1994 equalized assessed value of each taxable lot, block,
tract, or parcel of real property in the redevelopment project
area over and above the initial equalized assessed value of
each property in the redevelopment project area. In the first
year after a municipality removes a taxable lot, block, tract,
or parcel of real property from a redevelopment project area
established under the Tax Increment Allocation Development Act
in the Illinois Municipal Code, the Industrial Jobs Recovery
Law in the Illinois Municipal Code, or the Economic Development
Area Tax Increment Allocation Act, "recovered tax increment
value" means the amount of the current year's equalized
assessed value of each taxable lot, block, tract, or parcel of
real property removed from the redevelopment project area over
and above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
    Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one
plus the extension limitation defined in this Section and the
denominator of which is the current year's equalized assessed
value of all real property in the territory under the
jurisdiction of the taxing district during the prior levy year.
For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest
aggregate extension in any of the last 3 preceding levy years
shall be used for the purpose of computing the limiting rate.
The denominator shall not include new property or the recovered
tax increment value. If a new rate, a rate decrease, or a
limiting rate increase has been approved at an election held
after March 21, 2006, then (i) the otherwise applicable
limiting rate shall be increased by the amount of the new rate
or shall be reduced by the amount of the rate decrease, as the
case may be, or (ii) in the case of a limiting rate increase,
the limiting rate shall be equal to the rate set forth in the
proposition approved by the voters for each of the years
specified in the proposition, after which the limiting rate of
the taxing district shall be calculated as otherwise provided.
(Source: P.A. 93-601, eff. 1-1-04; 93-606, eff. 11-18-03;
93-612, eff. 11-18-03; 93-689, eff. 7-1-04; 93-690, eff.
7-1-04; 93-1049, eff. 11-17-04; 94-974, eff. 6-30-06; 94-976,
eff. 6-30-06; revised 8-3-06.)
 
    (35 ILCS 200/18-190.5)
    Sec. 18-190.5. School districts. The requirements of
Section 18-190 of this Code for a direct referendum on the
imposition of a new or increased tax rate do not apply to tax
levies that are not included in the aggregate extension for
those taxing districts to which this Law did not apply before
the 1995 levy year (except taxing districts subject to this Law
in accordance with Section 18-213 of this Code) pursuant to
clauses clause (m) and (q) of Section 18-185 of this Code.
(Source: P.A. 92-547, eff. 6-13-02.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Section 8-11-1.2 as follows:
 
    (65 ILCS 5/8-11-1.2)  (from Ch. 24, par. 8-11-1.2)
    Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3,
8-11-1.4 and 8-11-1.5 of this Act:
    (a) "Public infrastructure" means municipal roads and
streets, access roads, bridges, and sidewalks; waste disposal
systems; and water and sewer line extensions, water
distribution and purification facilities, storm water drainage
and retention facilities, and sewage treatment facilities. For
purposes of referenda authorizing the imposition of taxes by
the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4, and
8-11-1.5 of this Act that are approved in November, 2002, or
for purposes of referenda authorizing the imposition of taxes
by the Village of Forsyth under Sections 8-11-1.3, 8-11-1.4,
and 8-11-1.5 of this Act that are approved after the effective
date of this amendatory Act of the 94th General Assembly,
"public infrastructure" shall also include public schools.
    (b) "Property tax relief" means the action of a
municipality to reduce the levy for real estate taxes or avoid
an increase in the levy for real estate taxes that would
otherwise have been required. Property tax relief or the
avoidance of property tax must uniformly apply to all classes
of property.
(Source: P.A. 91-51, eff. 6-30-99; 92-739, eff. 1-1-03; 92-815,
eff. 8-21-02; revised 9-10-02.)
 
    Section 15. The School Code is amended by changing Sections
5-1 and 19-1 and by adding Section 17-9.02 as follows:
 
    (105 ILCS 5/5-1)  (from Ch. 122, par. 5-1)
    Sec. 5-1. County school units.
    (a) The territory in each county, exclusive of any school
district governed by any special act which requires the
district to appoint its own school treasurer, shall constitute
a county school unit. County school units of less than
2,000,000 inhabitants shall be known as Class I county school
units and the office of township trustees, where existing on
July 1, 1962, in such units shall be abolished on that date and
all books and records of such former township trustees shall be
forthwith thereafter transferred to the county board of school
trustees. County school units of 2,000,000 or more inhabitants
shall be known as Class II county school units and shall retain
the office of township trustees unless otherwise provided in
subsection (b) or (c).
    (b) Notwithstanding subsections (a) and (c), the school
board of any elementary school district having a fall, 1989
aggregate enrollment of at least 2,500 but less than 6,500
pupils and having boundaries that are coterminous with the
boundaries of a high school district, and the school board of
any high school district having a fall, 1989 aggregate
enrollment of at least 2,500 but less than 6,500 pupils and
having boundaries that are coterminous with the boundaries of
an elementary school district, may, whenever the territory of
such school district forms a part of a Class II county school
unit, by proper resolution withdraw such school district from
the jurisdiction and authority of the trustees of schools of
the township in which such school district is located and from
the jurisdiction and authority of the township treasurer in
such Class II county school unit; provided that the school
board of any such school district shall, upon the adoption and
passage of such resolution, thereupon elect or appoint its own
school treasurer as provided in Section 8-1. Upon the adoption
and passage of such resolution and the election or appointment
by the school board of its own school treasurer: (1) the
trustees of schools in such township shall no longer have or
exercise any powers and duties with respect to the school
district governed by such school board or with respect to the
school business, operations or assets of such school district;
and (2) all books and records of the township trustees relating
to the school business and affairs of such school district
shall be transferred and delivered to the school board of such
school district. Upon the effective date of this amendatory Act
of 1993, the legal title to, and all right, title and interest
formerly held by the township trustees in any school buildings
and school sites used and occupied by the school board of such
school district for school purposes, that legal title, right,
title and interest thereafter having been transferred to and
vested in the regional board of school trustees under P.A.
87-473 until the abolition of that regional board of school
trustees by P.A. 87-969, shall be deemed transferred by
operation of law to and shall vest in the school board of that
school district.
    Notwithstanding subsections (a) and (c), the school boards
of Oak Park & River Forest District 200, Oak Park Elementary
School District 97, and River Forest School District 90 may, by
proper resolution, withdraw from the jurisdiction and
authority of the trustees of schools of Proviso and Cicero
Townships and the township treasurer, provided that the school
board shall, upon the adoption and passage of the resolution,
elect or appoint its own school treasurer as provided in
Section 8-1 of this Code. Upon the adoption and passage of the
resolution and the election or appointment by the school board
of its own school treasurer: (1) the trustees of schools in the
township or townships shall no longer have or exercise any
powers or duties with respect to the school district or with
respect to the school business, operations, or assets of the
school district; (2) all books and records of the trustees of
schools and all moneys, securities, loanable funds, and other
assets relating to the school business and affairs of the
school district shall be transferred and delivered to the
school board; and (3) all legal title to and all right, title,
and interest formerly held by the trustees of schools in any
common school lands, school buildings, or school sites used and
occupied by the school board and all rights of property and
causes of action pertaining to or constituting a part of the
common school lands, buildings, or sites shall be deemed
transferred by operation of law to and shall vest in the school
board.
    (c) Notwithstanding the provisions of subsection (a), the
offices of township treasurer and trustee of schools of any
township located in a Class II county school unit shall be
abolished as provided in this subsection if all of the
following conditions are met:
        (1) During the same 30 day period, each school board of
    each elementary and unit school district that is subject to
    the jurisdiction and authority of the township treasurer
    and trustees of schools of the township in which those
    offices are sought to be abolished gives written notice by
    certified mail, return receipt requested to the township
    treasurer and trustees of schools of that township of the
    date of a meeting of the school board, to be held not more
    than 90 nor less than 60 days after the date when the
    notice is given, at which meeting the school board is to
    consider and vote upon the question of whether there shall
    be submitted to the electors of the school district a
    proposition to abolish the offices of township treasurer
    and trustee of schools of that township. None of the
    notices given under this paragraph to the township
    treasurer and trustees of schools of a township shall be
    deemed sufficient or in compliance with the requirements of
    this paragraph unless all of those notices are given within
    the same 30 day period.
        (2) Each school board of each elementary and unit
    school district that is subject to the jurisdiction and
    authority of the township treasurer and trustees of schools
    of the township in which those offices are sought to be
    abolished, by the affirmative vote of at least 5 members of
    the school board at a school board meeting of which notice
    is given as required by paragraph (1) of this subsection,
    adopts a resolution requiring the secretary of the school
    board to certify to the proper election authorities for
    submission to the electors of the school district at the
    next consolidated election in accordance with the general
    election law a proposition to abolish the offices of
    township treasurer and trustee of schools of that township.
    None of the resolutions adopted under this paragraph by any
    elementary or unit school districts that are subject to the
    jurisdiction and authority of the township treasurer and
    trustees of schools of the township in which those offices
    are sought to be abolished shall be deemed in compliance
    with the requirements of this paragraph or sufficient to
    authorize submission of the proposition to abolish those
    offices to a referendum of the electors in any such school
    district unless all of the school boards of all of the
    elementary and unit school districts that are subject to
    the jurisdiction and authority of the township treasurer
    and trustees of schools of that township adopt such a
    resolution in accordance with the provisions of this
    paragraph.
        (3) The school boards of all of the elementary and unit
    school districts that are subject to the jurisdiction and
    authority of the township treasurer and trustees of schools
    of the township in which those offices are sought to be
    abolished submit a proposition to abolish the offices of
    township treasurer and trustee of schools of that township
    to the electors of their respective school districts at the
    same consolidated election in accordance with the general
    election law, the ballot in each such district to be in
    substantially the following form:
    -------------------------------------------------------------
OFFICIAL BALLOT
            Shall the offices of township
            treasurer and                       YES
            trustee of                      -----------------
            schools of Township .....           NO
            Range ..... be abolished?
    -------------------------------------------------------------
        (4) At the consolidated election at which the
    proposition to abolish the offices of township treasurer
    and trustee of schools of a township is submitted to the
    electors of each elementary and unit school district that
    is subject to the jurisdiction and authority of the
    township treasurer and trustee of schools of that township,
    a majority of the electors voting on the proposition in
    each such elementary and unit school district votes in
    favor of the proposition as submitted to them.
    If in each elementary and unit school district that is
subject to the jurisdiction and authority of the township
treasurer and trustees of schools of the township in which
those offices are sought to be abolished a majority of the
electors in each such district voting at the consolidated
election on the proposition to abolish the offices of township
treasurer and trustee of schools of that township votes in
favor of the proposition as submitted to them, the proposition
shall be deemed to have passed; but if in any such elementary
or unit school district a majority of the electors voting on
that proposition in that district fails to vote in favor of the
proposition as submitted to them, then notwithstanding the vote
of the electors in any other such elementary or unit school
district on that proposition the proposition shall not be
deemed to have passed in any of those elementary or unit school
districts, and the offices of township treasurer and trustee of
schools of the township in which those offices were sought to
be abolished shall not be abolished, unless in each of those
elementary and unit school districts remaining subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township proceedings are again
initiated to abolish those offices and all of the proceedings
and conditions prescribed in paragraphs (1) through (4) of this
subsection are repeated and met in each of those elementary and
unit school districts.
    Notwithstanding the foregoing provisions of this Section
or any other provision of the School Code, the offices of
township treasurer and trustee of schools of a township that
has a population of less than 200,000 and that contains a unit
school district and is located in a Class II county school unit
shall also be abolished as provided in this subsection if all
of the conditions set forth in paragraphs (1), (2), and (3) of
this subsection are met and if the following additional
condition is met:
        The electors in all of the school districts subject to
    the jurisdiction and authority of the township treasurer
    and trustees of schools of the township in which those
    offices are sought to be abolished shall vote at the
    consolidated election on the proposition to abolish the
    offices of township treasurer and trustee of schools of
    that township. If a majority of the electors in all of the
    school districts combined voting on the proposition vote in
    favor of the proposition, then the proposition shall be
    deemed to have passed; but if a majority of the electors
    voting on the proposition in all of the school district
    fails to vote in favor of the proposition as submitted to
    them, then the proposition shall not be deemed to have
    passed and the offices of township treasurer and trustee of
    schools of the township in which those offices were sought
    to be abolished shall not be abolished, unless and until
    the proceedings detailed in paragraphs (1) through (3) of
    this subsection and the conditions set forth in this
    paragraph are met.
    If the proposition to abolish the offices of township
treasurer and trustee of schools of a township is deemed to
have passed at the consolidated election as provided in this
subsection, those offices shall be deemed abolished by
operation of law effective on January 1 of the calendar year
immediately following the calendar year in which that
consolidated election is held, provided that if after the
election, the trustees of schools by resolution elect to
abolish the offices of township treasurer and trustee of
schools effective on July 1 immediately following the election,
then the offices shall be abolished on July 1 immediately
following the election. On the date that the offices of
township treasurer and trustee of schools of a township are
deemed abolished by operation of law, the school board of each
elementary and unit school district and the school board of
each high school district that is subject to the jurisdiction
and authority of the township treasurer and trustees of schools
of that township at the time those offices are abolished: (i)
shall appoint its own school treasurer as provided in Section
8-1; and (ii) unless the term of the contract of a township
treasurer expires on the date that the office of township
treasurer is abolished, shall pay to the former township
treasurer its proportionate share of any aggregate
compensation that, were the office of township treasurer not
abolished at that time, would have been payable to the former
township treasurer after that date over the remainder of the
term of the contract of the former township treasurer that
began prior to but ends after that date. In addition, on the
date that the offices of township treasurer and trustee of
schools of a township are deemed abolished as provided in this
subsection, the school board of each elementary school, high
school and unit school district that until that date is subject
to the jurisdiction and authority of the township treasurer and
trustees of schools of that township shall be deemed by
operation of law to have agreed and assumed to pay and, when
determined, shall pay to the Illinois Municipal Retirement Fund
a proportionate share of the unfunded liability existing in
that Fund at the time these offices are abolished in that
calendar year for all annuities or other benefits then or
thereafter to become payable from that Fund with respect to all
periods of service performed prior to that date as a
participating employee in that Fund by persons serving during
those periods of service as a trustee of schools, township
treasurer or regular employee in the office of the township
treasurer of that township. That unfunded liability shall be
actuarially determined by the board of trustees of the Illinois
Municipal Retirement Fund, and the board of trustees shall
thereupon notify each school board required to pay a
proportionate share of that unfunded liability of the aggregate
amount of the unfunded liability so determined. The amount so
paid to the Illinois Municipal Retirement Fund by each of those
school districts shall be credited to the account of the
township in that Fund. For each elementary school, high school
and unit school district under the jurisdiction and authority
of a township treasurer and trustees of schools of a township
in which those offices are abolished as provided in this
subsection, each such district's proportionate share of the
aggregate compensation payable to the former township
treasurer as provided in this paragraph and each such
district's proportionate share of the aggregate amount of the
unfunded liability payable to the Illinois Municipal
Retirement Fund as provided in this paragraph shall be computed
in accordance with the ratio that the number of pupils in
average daily attendance in each such district as reported in
schedules prepared under Section 24-19 for the school year last
ending prior to the date on which the offices of township
treasurer and trustee of schools of that township are abolished
bears to the aggregate number of pupils in average daily
attendance in all of those districts as so reported for that
school year.
    Upon abolition of the offices of township treasurer and
trustee of schools of a township as provided in this
subsection: (i) the regional board of school trustees, in its
corporate capacity, shall be deemed the successor in interest
to the former trustees of schools of that township with respect
to the common school lands and township loanable funds of the
township; (ii) all right, title and interest existing or vested
in the former trustees of schools of that township in the
common school lands and township loanable funds of the
township, and all records, moneys, securities and other assets,
rights of property and causes of action pertaining to or
constituting a part of those common school lands or township
loanable funds, shall be transferred to and deemed vested by
operation of law in the regional board of school trustees,
which shall hold legal title to, manage and operate all common
school lands and township loanable funds of the township,
receive the rents, issues and profits therefrom, and have and
exercise with respect thereto the same powers and duties as are
provided by this Code to be exercised by regional boards of
school trustees when acting as township land commissioners in
counties having at least 220,000 but fewer than 2,000,000
inhabitants; (iii) the regional board of school trustees shall
select to serve as its treasurer with respect to the common
school lands and township loanable funds of the township a
person from time to time also serving as the appointed school
treasurer of any school district that was subject to the
jurisdiction and authority of the township treasurer and
trustees of schools of that township at the time those offices
were abolished, and the person selected to also serve as
treasurer of the regional board of school trustees shall have
his compensation for services in that capacity fixed by the
regional board of school trustees, to be paid from the township
loanable funds, and shall make to the regional board of school
trustees the reports required to be made by treasurers of
township land commissioners, give bond as required by
treasurers of township land commissioners, and perform the
duties and exercise the powers of treasurers of township land
commissioners; (iv) the regional board of school trustees shall
designate in the manner provided by Section 8-7, insofar as
applicable, a depositary for its treasurer, and the proceeds of
all rents, issues and profits from the common school lands and
township loanable funds of that township shall be deposited and
held in the account maintained for those purposes with that
depositary and shall be expended and distributed therefrom as
provided in Section 15-24 and other applicable provisions of
this Code; and (v) whenever there is vested in the trustees of
schools of a township at the time that office is abolished
under this subsection the legal title to any school buildings
or school sites used or occupied for school purposes by any
elementary school, high school or unit school district subject
to the jurisdiction and authority of those trustees of school
at the time that office is abolished, the legal title to those
school buildings and school sites shall be deemed transferred
by operation of law to and invested in the school board of that
school district, in its corporate capacity Section 7-28, the
same to be held, sold, exchanged leased or otherwise
transferred in accordance with applicable provisions of this
Code.
    Notwithstanding Section 2-3.25g of this Code, a waiver of a
mandate established under this Section may not be requested.
(Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01.)
 
    (105 ILCS 5/17-9.02 new)
    Sec. 17-9.02. Supplemental tax levy for Ford Heights School
District 169.
    (a) Notwithstanding any other provisions of this Article
and in addition to the methods provided by other Sections of
this Article for increasing the rate of tax levied for any
school purpose, Ford Heights School District 169 may levy a
supplemental tax for the 2006, 2007, and 2008 taxable years.
    (b) The supplemental tax authorized by this Section is
levied upon all the taxable property of the school district at
its value as equalized or assessed by the Department of Revenue
for each of the years in which the levy is made. The
supplemental tax is in addition to all other taxes that the
district may levy for any school purpose for the years in which
the levy is made.
    (c) For each year that it is levied, the supplemental tax
must be levied at a rate not exceeding that which, when applied
to the equalized assessed value of all taxable property in the
district for that year in which the levy is made, is sufficient
to yield that amount of tax revenue that is equal to $1,067,000
for a total of $3,201,000 for all taxable years that the tax is
levied.
    (d) The supplemental tax authorized by this Section must be
levied by proper resolution of the school board and without
referendum. A certified copy of the resolution levying the
supplemental tax, signed by the president and clerk or
secretary of the school board, must be filed in the office of
the county clerk, and it is, then, the duty of the county clerk
to extend the supplemental tax. The supplemental tax must be
extended and collected in like manner as all other taxes of the
school district, but the supplemental tax must be separately
identified by the collectors.
    (e) Ford Heights School District 169 may use the proceeds
from the supplemental tax for any purpose for which the
district is authorized to make expenditures.
 
    (105 ILCS 5/19-1)  (from Ch. 122, par. 19-1)
    Sec. 19-1. Debt limitations of school districts.
    (a) School districts shall not be subject to the provisions
limiting their indebtedness prescribed in "An Act to limit the
indebtedness of counties having a population of less than
500,000 and townships, school districts and other municipal
corporations having a population of less than 300,000",
approved February 15, 1928, as amended.
    No school districts maintaining grades K through 8 or 9
through 12 shall become indebted in any manner or for any
purpose to an amount, including existing indebtedness, in the
aggregate exceeding 6.9% on the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes or, until January 1, 1983, if greater, the sum
that is produced by multiplying the school district's 1978
equalized assessed valuation by the debt limitation percentage
in effect on January 1, 1979, previous to the incurring of such
indebtedness.
    No school districts maintaining grades K through 12 shall
become indebted in any manner or for any purpose to an amount,
including existing indebtedness, in the aggregate exceeding
13.8% on the value of the taxable property therein to be
ascertained by the last assessment for State and county taxes
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979, previous to the incurring of such
indebtedness.
    No partial elementary unit district, as defined in Article
11E of this Code, shall become indebted in any manner or for
any purpose in an amount, including existing indebtedness, in
the aggregate exceeding 6.9% of the value of the taxable
property of the entire district, to be ascertained by the last
assessment for State and county taxes, plus an amount,
including existing indebtedness, in the aggregate exceeding
6.9% of the value of the taxable property of that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes. Moreover, no partial elementary unit
district, as defined in Article 11E of this Code, shall become
indebted on account of bonds issued by the district for high
school purposes in the aggregate exceeding 6.9% of the value of
the taxable property of the entire district, to be ascertained
by the last assessment for State and county taxes, nor shall
the district become indebted on account of bonds issued by the
district for elementary purposes in the aggregate exceeding
6.9% of the value of the taxable property for that portion of
the district included in the elementary and high school
classification, to be ascertained by the last assessment for
State and county taxes.
    Notwithstanding the provisions of any other law to the
contrary, in any case in which the voters of a school district
have approved a proposition for the issuance of bonds of such
school district at an election held prior to January 1, 1979,
and all of the bonds approved at such election have not been
issued, the debt limitation applicable to such school district
during the calendar year 1979 shall be computed by multiplying
the value of taxable property therein, including personal
property, as ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness,
by the percentage limitation applicable to such school district
under the provisions of this subsection (a).
    (b) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, additional indebtedness may be
incurred in an amount not to exceed the estimated cost of
acquiring or improving school sites or constructing and
equipping additional building facilities under the following
conditions:
        (1) Whenever the enrollment of students for the next
    school year is estimated by the board of education to
    increase over the actual present enrollment by not less
    than 35% or by not less than 200 students or the actual
    present enrollment of students has increased over the
    previous school year by not less than 35% or by not less
    than 200 students and the board of education determines
    that additional school sites or building facilities are
    required as a result of such increase in enrollment; and
        (2) When the Regional Superintendent of Schools having
    jurisdiction over the school district and the State
    Superintendent of Education concur in such enrollment
    projection or increase and approve the need for such
    additional school sites or building facilities and the
    estimated cost thereof; and
        (3) When the voters in the school district approve a
    proposition for the issuance of bonds for the purpose of
    acquiring or improving such needed school sites or
    constructing and equipping such needed additional building
    facilities at an election called and held for that purpose.
    Notice of such an election shall state that the amount of
    indebtedness proposed to be incurred would exceed the debt
    limitation otherwise applicable to the school district.
    The ballot for such proposition shall state what percentage
    of the equalized assessed valuation will be outstanding in
    bonds if the proposed issuance of bonds is approved by the
    voters; or
        (4) Notwithstanding the provisions of paragraphs (1)
    through (3) of this subsection (b), if the school board
    determines that additional facilities are needed to
    provide a quality educational program and not less than 2/3
    of those voting in an election called by the school board
    on the question approve the issuance of bonds for the
    construction of such facilities, the school district may
    issue bonds for this purpose; or
        (5) Notwithstanding the provisions of paragraphs (1)
    through (3) of this subsection (b), if (i) the school
    district has previously availed itself of the provisions of
    paragraph (4) of this subsection (b) to enable it to issue
    bonds, (ii) the voters of the school district have not
    defeated a proposition for the issuance of bonds since the
    referendum described in paragraph (4) of this subsection
    (b) was held, (iii) the school board determines that
    additional facilities are needed to provide a quality
    educational program, and (iv) a majority of those voting in
    an election called by the school board on the question
    approve the issuance of bonds for the construction of such
    facilities, the school district may issue bonds for this
    purpose.
    In no event shall the indebtedness incurred pursuant to
this subsection (b) and the existing indebtedness of the school
district exceed 15% of the value of the taxable property
therein to be ascertained by the last assessment for State and
county taxes, previous to the incurring of such indebtedness
or, until January 1, 1983, if greater, the sum that is produced
by multiplying the school district's 1978 equalized assessed
valuation by the debt limitation percentage in effect on
January 1, 1979.
    The indebtedness provided for by this subsection (b) shall
be in addition to and in excess of any other debt limitation.
    (c) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, in any case in which a public
question for the issuance of bonds of a proposed school
district maintaining grades kindergarten through 12 received
at least 60% of the valid ballots cast on the question at an
election held on or prior to November 8, 1994, and in which the
bonds approved at such election have not been issued, the
school district pursuant to the requirements of Section 11A-10
(now repealed) may issue the total amount of bonds approved at
such election for the purpose stated in the question.
    (d) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) and (2) of this
subsection (d) may incur an additional indebtedness in an
amount not to exceed $4,500,000, even though the amount of the
additional indebtedness authorized by this subsection (d),
when incurred and added to the aggregate amount of indebtedness
of the district existing immediately prior to the district
incurring the additional indebtedness authorized by this
subsection (d), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable to
that district under subsection (a):
        (1) The additional indebtedness authorized by this
    subsection (d) is incurred by the school district through
    the issuance of bonds under and in accordance with Section
    17-2.11a for the purpose of replacing a school building
    which, because of mine subsidence damage, has been closed
    as provided in paragraph (2) of this subsection (d) or
    through the issuance of bonds under and in accordance with
    Section 19-3 for the purpose of increasing the size of, or
    providing for additional functions in, such replacement
    school buildings, or both such purposes.
        (2) The bonds issued by the school district as provided
    in paragraph (1) above are issued for the purposes of
    construction by the school district of a new school
    building pursuant to Section 17-2.11, to replace an
    existing school building that, because of mine subsidence
    damage, is closed as of the end of the 1992-93 school year
    pursuant to action of the regional superintendent of
    schools of the educational service region in which the
    district is located under Section 3-14.22 or are issued for
    the purpose of increasing the size of, or providing for
    additional functions in, the new school building being
    constructed to replace a school building closed as the
    result of mine subsidence damage, or both such purposes.
    (e) (Blank).
    (f) Notwithstanding the provisions of subsection (a) of
this Section or of any other law, bonds in not to exceed the
aggregate amount of $5,500,000 and issued by a school district
meeting the following criteria shall not be considered
indebtedness for purposes of any statutory limitation and may
be issued in an amount or amounts, including existing
indebtedness, in excess of any heretofore or hereafter imposed
statutory limitation as to indebtedness:
        (1) At the time of the sale of such bonds, the board of
    education of the district shall have determined by
    resolution that the enrollment of students in the district
    is projected to increase by not less than 7% during each of
    the next succeeding 2 school years.
        (2) The board of education shall also determine by
    resolution that the improvements to be financed with the
    proceeds of the bonds are needed because of the projected
    enrollment increases.
        (3) The board of education shall also determine by
    resolution that the projected increases in enrollment are
    the result of improvements made or expected to be made to
    passenger rail facilities located in the school district.
    Notwithstanding the provisions of subsection (a) of this
Section or of any other law, a school district that has availed
itself of the provisions of this subsection (f) prior to July
22, 2004 (the effective date of Public Act 93-799) may also
issue bonds approved by referendum up to an amount, including
existing indebtedness, not exceeding 25% of the equalized
assessed value of the taxable property in the district if all
of the conditions set forth in items (1), (2), and (3) of this
subsection (f) are met.
    (g) Notwithstanding the provisions of subsection (a) of
this Section or any other law, bonds in not to exceed an
aggregate amount of 25% of the equalized assessed value of the
taxable property of a school district and issued by a school
district meeting the criteria in paragraphs (i) through (iv) of
this subsection shall not be considered indebtedness for
purposes of any statutory limitation and may be issued pursuant
to resolution of the school board in an amount or amounts,
including existing indebtedness, in excess of any statutory
limitation of indebtedness heretofore or hereafter imposed:
        (i) The bonds are issued for the purpose of
    constructing a new high school building to replace two
    adjacent existing buildings which together house a single
    high school, each of which is more than 65 years old, and
    which together are located on more than 10 acres and less
    than 11 acres of property.
        (ii) At the time the resolution authorizing the
    issuance of the bonds is adopted, the cost of constructing
    a new school building to replace the existing school
    building is less than 60% of the cost of repairing the
    existing school building.
        (iii) The sale of the bonds occurs before July 1, 1997.
        (iv) The school district issuing the bonds is a unit
    school district located in a county of less than 70,000 and
    more than 50,000 inhabitants, which has an average daily
    attendance of less than 1,500 and an equalized assessed
    valuation of less than $29,000,000.
    (h) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27.6% of the equalized assessed
value of the taxable property in the district, if all of the
following conditions are met:
        (i) The school district has an equalized assessed
    valuation for calendar year 1995 of less than $24,000,000;
        (ii) The bonds are issued for the capital improvement,
    renovation, rehabilitation, or replacement of existing
    school buildings of the district, all of which buildings
    were originally constructed not less than 40 years ago;
        (iii) The voters of the district approve a proposition
    for the issuance of the bonds at a referendum held after
    March 19, 1996; and
        (iv) The bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (i) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1998, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district, if all of the
following conditions are met:
        (i) The school district has an equalized assessed
    valuation for calendar year 1995 of less than $44,600,000;
        (ii) The bonds are issued for the capital improvement,
    renovation, rehabilitation, or replacement of existing
    school buildings of the district, all of which existing
    buildings were originally constructed not less than 80
    years ago;
        (iii) The voters of the district approve a proposition
    for the issuance of the bonds at a referendum held after
    December 31, 1996; and
        (iv) The bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (j) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 27% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
        (i) The school district has an equalized assessed
    valuation for calendar year 1995 of less than $140,000,000
    and a best 3 months average daily attendance for the
    1995-96 school year of at least 2,800;
        (ii) The bonds are issued to purchase a site and build
    and equip a new high school, and the school district's
    existing high school was originally constructed not less
    than 35 years prior to the sale of the bonds;
        (iii) At the time of the sale of the bonds, the board
    of education determines by resolution that a new high
    school is needed because of projected enrollment
    increases;
        (iv) At least 60% of those voting in an election held
    after December 31, 1996 approve a proposition for the
    issuance of the bonds; and
        (v) The bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (k) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section, a school district that meets
all the criteria set forth in paragraphs (1) through (4) of
this subsection (k) may issue bonds to incur an additional
indebtedness in an amount not to exceed $4,000,000 even though
the amount of the additional indebtedness authorized by this
subsection (k), when incurred and added to the aggregate amount
of indebtedness of the school district existing immediately
prior to the school district incurring such additional
indebtedness, causes the aggregate indebtedness of the school
district to exceed or increases the amount by which the
aggregate indebtedness of the district already exceeds the debt
limitation otherwise applicable to that school district under
subsection (a):
        (1) the school district is located in 2 counties, and a
    referendum to authorize the additional indebtedness was
    approved by a majority of the voters of the school district
    voting on the proposition to authorize that indebtedness;
        (2) the additional indebtedness is for the purpose of
    financing a multi-purpose room addition to the existing
    high school;
        (3) the additional indebtedness, together with the
    existing indebtedness of the school district, shall not
    exceed 17.4% of the value of the taxable property in the
    school district, to be ascertained by the last assessment
    for State and county taxes; and
        (4) the bonds evidencing the additional indebtedness
    are issued, if at all, within 120 days of the effective
    date of this amendatory Act of 1998.
    (l) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 2000, a
school district maintaining grades kindergarten through 8 may
issue bonds up to an amount, including existing indebtedness,
not exceeding 15% of the equalized assessed value of the
taxable property in the district if all of the following
conditions are met:
        (i) the district has an equalized assessed valuation
    for calendar year 1996 of less than $10,000,000;
        (ii) the bonds are issued for capital improvement,
    renovation, rehabilitation, or replacement of one or more
    school buildings of the district, which buildings were
    originally constructed not less than 70 years ago;
        (iii) the voters of the district approve a proposition
    for the issuance of the bonds at a referendum held on or
    after March 17, 1998; and
        (iv) the bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (m) Notwithstanding any other provisions of this Section or
the provisions of any other law, until January 1, 1999, an
elementary school district maintaining grades K through 8 may
issue bonds up to an amount, excluding existing indebtedness,
not exceeding 18% of the equalized assessed value of the
taxable property in the district, if all of the following
conditions are met:
        (i) The school district has an equalized assessed
    valuation for calendar year 1995 or less than $7,700,000;
        (ii) The school district operates 2 elementary
    attendance centers that until 1976 were operated as the
    attendance centers of 2 separate and distinct school
    districts;
        (iii) The bonds are issued for the construction of a
    new elementary school building to replace an existing
    multi-level elementary school building of the school
    district that is not handicapped accessible at all levels
    and parts of which were constructed more than 75 years ago;
        (iv) The voters of the school district approve a
    proposition for the issuance of the bonds at a referendum
    held after July 1, 1998; and
        (v) The bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (n) Notwithstanding the debt limitation prescribed in
subsection (a) of this Section or any other provisions of this
Section or of any other law, a school district that meets all
of the criteria set forth in paragraphs (i) through (vi) of
this subsection (n) may incur additional indebtedness by the
issuance of bonds in an amount not exceeding the amount
certified by the Capital Development Board to the school
district as provided in paragraph (iii) of this subsection (n),
even though the amount of the additional indebtedness so
authorized, when incurred and added to the aggregate amount of
indebtedness of the district existing immediately prior to the
district incurring the additional indebtedness authorized by
this subsection (n), causes the aggregate indebtedness of the
district to exceed the debt limitation otherwise applicable by
law to that district:
        (i) The school district applies to the State Board of
    Education for a school construction project grant and
    submits a district facilities plan in support of its
    application pursuant to Section 5-20 of the School
    Construction Law.
        (ii) The school district's application and facilities
    plan are approved by, and the district receives a grant
    entitlement for a school construction project issued by,
    the State Board of Education under the School Construction
    Law.
        (iii) The school district has exhausted its bonding
    capacity or the unused bonding capacity of the district is
    less than the amount certified by the Capital Development
    Board to the district under Section 5-15 of the School
    Construction Law as the dollar amount of the school
    construction project's cost that the district will be
    required to finance with non-grant funds in order to
    receive a school construction project grant under the
    School Construction Law.
        (iv) The bonds are issued for a "school construction
    project", as that term is defined in Section 5-5 of the
    School Construction Law, in an amount that does not exceed
    the dollar amount certified, as provided in paragraph (iii)
    of this subsection (n), by the Capital Development Board to
    the school district under Section 5-15 of the School
    Construction Law.
        (v) The voters of the district approve a proposition
    for the issuance of the bonds at a referendum held after
    the criteria specified in paragraphs (i) and (iii) of this
    subsection (n) are met.
        (vi) The bonds are issued pursuant to Sections 19-2
    through 19-7 of the School Code.
    (o) Notwithstanding any other provisions of this Section or
the provisions of any other law, until November 1, 2007, a
community unit school district maintaining grades K through 12
may issue bonds up to an amount, including existing
indebtedness, not exceeding 20% of the equalized assessed value
of the taxable property in the district if all of the following
conditions are met:
        (i) the school district has an equalized assessed
    valuation for calendar year 2001 of at least $737,000,000
    and an enrollment for the 2002-2003 school year of at least
    8,500;
        (ii) the bonds are issued to purchase school sites,
    build and equip a new high school, build and equip a new
    junior high school, build and equip 5 new elementary
    schools, and make technology and other improvements and
    additions to existing schools;
        (iii) at the time of the sale of the bonds, the board
    of education determines by resolution that the sites and
    new or improved facilities are needed because of projected
    enrollment increases;
        (iv) at least 57% of those voting in a general election
    held prior to January 1, 2003 approved a proposition for
    the issuance of the bonds; and
        (v) the bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (p) Notwithstanding any other provisions of this Section or
the provisions of any other law, a community unit school
district maintaining grades K through 12 may issue bonds up to
an amount, including indebtedness, not exceeding 27% of the
equalized assessed value of the taxable property in the
district if all of the following conditions are met:
        (i) The school district has an equalized assessed
    valuation for calendar year 2001 of at least $295,741,187
    and a best 3 months' average daily attendance for the
    2002-2003 school year of at least 2,394.
        (ii) The bonds are issued to build and equip 3
    elementary school buildings; build and equip one middle
    school building; and alter, repair, improve, and equip all
    existing school buildings in the district.
        (iii) At the time of the sale of the bonds, the board
    of education determines by resolution that the project is
    needed because of expanding growth in the school district
    and a projected enrollment increase.
        (iv) The bonds are issued pursuant to Sections 19-2
    through 19-7 of this Code.
    (p-5) Notwithstanding any other provisions of this Section
or the provisions of any other law, bonds issued by a community
unit school district maintaining grades K through 12 shall not
be considered indebtedness for purposes of any statutory
limitation and may be issued in an amount or amounts, including
existing indebtedness, in excess of any heretofore or hereafter
imposed statutory limitation as to indebtedness, if all of the
following conditions are met:
        (i) For each of the 4 most recent years, residential
    property comprises more than 80% of the equalized assessed
    valuation of the district.
        (ii) At least 2 school buildings that were constructed
    40 or more years prior to the issuance of the bonds will be
    demolished and will be replaced by new buildings or
    additions to one or more existing buildings.
        (iii) Voters of the district approve a proposition for
    the issuance of the bonds at a regularly scheduled
    election.
        (iv) At the time of the sale of the bonds, the school
    board determines by resolution that the new buildings or
    building additions are needed because of an increase in
    enrollment projected by the school board.
        (v) The principal amount of the bonds, including
    existing indebtedness, does not exceed 25% of the equalized
    assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
    pursuant to Sections 19-2 through 19-7 of this Code.
    (p-10) Notwithstanding any other provisions of this
Section or the provisions of any other law, bonds issued by a
community consolidated school district maintaining grades K
through 8 shall not be considered indebtedness for purposes of
any statutory limitation and may be issued in an amount or
amounts, including existing indebtedness, in excess of any
heretofore or hereafter imposed statutory limitation as to
indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
    and farm property comprises more than 80% of the equalized
    assessed valuation of the district.
        (ii) The bond proceeds are to be used to acquire and
    improve school sites and build and equip a school building.
        (iii) Voters of the district approve a proposition for
    the issuance of the bonds at a regularly scheduled
    election.
        (iv) At the time of the sale of the bonds, the school
    board determines by resolution that the school sites and
    building additions are needed because of an increase in
    enrollment projected by the school board.
        (v) The principal amount of the bonds, including
    existing indebtedness, does not exceed 20% of the equalized
    assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
    pursuant to Sections 19-2 through 19-7 of this Code.
    (p-15) In addition to all other authority to issue bonds,
the Oswego Community Unit School District Number 308 may issue
bonds with an aggregate principal amount not to exceed
$450,000,000, but only if all of the following conditions are
met:
        (i) The voters of the district have approved a
    proposition for the bond issue at the general election held
    on November 7, 2006.
        (ii) At the time of the sale of the bonds, the school
    board determines, by resolution, that: (A) the building and
    equipping of the new high school building, new junior high
    school buildings, new elementary school buildings, early
    childhood building, maintenance building, transportation
    facility, and additions to existing school buildings, the
    altering, repairing, equipping, and provision of
    technology improvements to existing school buildings, and
    the acquisition and improvement of school sites, as the
    case may be, are required as a result of a projected
    increase in the enrollment of students in the district; and
    (B) the sale of bonds for these purposes is authorized by
    legislation that exempts the debt incurred on the bonds
    from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond issues,
    on or before November 7, 2011, but the aggregate principal
    amount issued in all such bond issues combined must not
    exceed $450,000,000.
        (iv) The bonds are issued in accordance with this
    Article 19.
        (v) The proceeds of the bonds are used only to
    accomplish those projects approved by the voters at the
    general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
(p-15) shall not be considered indebtedness for purposes of any
statutory debt limitation.
    (p-20) In addition to all other authority to issue bonds,
the Lincoln-Way Community High School District Number 210 may
issue bonds with an aggregate principal amount not to exceed
$225,000,000, but only if all of the following conditions are
met:
        (i) The voters of the district have approved a
    proposition for the bond issue at the general primary
    election held on March 21, 2006.
        (ii) At the time of the sale of the bonds, the school
    board determines, by resolution, that: (A) the building and
    equipping of the new high school buildings, the altering,
    repairing, and equipping of existing school buildings, and
    the improvement of school sites, as the case may be, are
    required as a result of a projected increase in the
    enrollment of students in the district; and (B) the sale of
    bonds for these purposes is authorized by legislation that
    exempts the debt incurred on the bonds from the district's
    statutory debt limitation.
        (iii) The bonds are issued, in one or more bond issues,
    on or before March 21, 2011, but the aggregate principal
    amount issued in all such bond issues combined must not
    exceed $225,000,000.
        (iv) The bonds are issued in accordance with this
    Article 19.
        (v) The proceeds of the bonds are used only to
    accomplish those projects approved by the voters at the
    primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
(p-20) shall not be considered indebtedness for purposes of any
statutory debt limitation.
    (q) A school district must notify the State Board of
Education prior to issuing any form of long-term or short-term
debt that will result in outstanding debt that exceeds 75% of
the debt limit specified in this Section or any other provision
of law.
(Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04;
93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff.
1-6-06; 94-952, eff. 6-27-06; 94-1019, eff. 7-10-06; revised
8-3-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.