Public Act 098-0026
 
HB0003 EnrolledLRB098 02688 NHT 32694 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The School Code is amended  by changing Sections 
17-2.11 and 17-2A as follows:
 
    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
    Sec. 17-2.11. School board power to levy a tax or to borrow 
money and
issue bonds for fire prevention, safety, energy 
conservation, disabled
accessibility, school security, and 
specified repair purposes.
    (a) Whenever, as a
result of any lawful order of any 
agency,
other than a school board, having authority to enforce 
any school building code
applicable to any facility that houses 
students, or any law or regulation for
the protection and 
safety of the environment, pursuant to the Environmental

Protection Act, any school district having a population of less 
than 500,000
inhabitants is required to alter or reconstruct 
any school building or
permanent, fixed equipment; the district 
may, by proper resolution, levy a tax for the purpose of making 
such alteration or reconstruction, based on a survey report by 
an architect or engineer licensed in this State, upon all of 
the taxable property of the district at the value as assessed 
by the Department of Revenue and at a rate not to exceed 0.05% 
per year for a period sufficient to finance such alteration or 
reconstruction, upon the following conditions:
        (1) When there are not sufficient funds available in 
    the operations and maintenance fund of the school district, 
    the school facility occupation tax fund of the district, or 
    the fire prevention and safety fund of the district, as 
    determined by the district on the basis of rules adopted by 
    the State Board of Education, to make such alteration or 
    reconstruction or to purchase and install such permanent, 
    fixed equipment so ordered or determined as necessary. 
    Appropriate school district records must be made available 
    to the State Superintendent of Education, upon request, to 
    confirm this insufficiency.
        (2) When a certified estimate of an architect or 
    engineer licensed in this State stating the estimated 
    amount necessary to make the alteration or reconstruction 
    or to purchase and install the equipment so ordered has 
    been secured by the school district, and the estimate has 
    been approved by the regional superintendent of schools 
    having jurisdiction over the district and the State 
    Superintendent of Education.  Approval must not be granted 
    for any work that has already started without the prior 
    express authorization of the State Superintendent of 
    Education. If the estimate is not approved or is denied 
    approval by the regional superintendent of schools within 3 
    months after the date on which it is submitted to him or 
    her, the school board of the district may submit the 
    estimate directly to the State Superintendent of Education 
    for approval or denial.
    In the case of an emergency situation, where the estimated 
cost to effectuate emergency repairs is less than the amount 
specified in Section 10-20.21 of this Code, the school district 
may proceed with such repairs prior to approval by the State 
Superintendent of Education, but shall comply with the 
provisions of subdivision (2) of this subsection (a) as soon 
thereafter as may be as well as Section 10-20.21 of this Code. 
If the estimated cost to effectuate emergency repairs is 
greater than the amount specified in Section 10-20.21 of this 
Code, then the school district shall proceed in conformity with 
Section 10-20.21 of this Code and with rules established by the 
State Board of Education to address such situations. The rules 
adopted by the State Board of Education to deal with these 
situations shall stipulate that emergency situations must be 
expedited and given priority consideration. For purposes of 
this paragraph, an emergency is a situation that presents an 
imminent and continuing threat to the health and safety of 
students or other occupants of a facility, requires complete or 
partial evacuation of a building or part of a building, or 
consumes one or more of the 5 emergency days built into the 
adopted calendar of the school or schools or would otherwise be 
expected to cause such school or schools to fall short of the 
minimum school calendar requirements. 
    (b)  Whenever any such district determines that
it is 
necessary for energy conservation purposes that any school 
building
or permanent, fixed equipment should be altered or 
reconstructed and
that such alterations or reconstruction will 
be made with funds not necessary
for the completion of approved 
and recommended projects contained in any safety
survey report 
or amendments thereto authorized by Section 2-3.12 of this Act; 
the district may levy a tax or issue bonds as provided in 
subsection (a) of this Section.
    (c)  Whenever
 any such district determines that it is 
necessary for disabled accessibility purposes and to comply 
with the school building
code that any
school building or 
equipment should be altered or reconstructed and that such

alterations or reconstruction will be made with
funds not 
necessary for the completion of approved and recommended 
projects
contained in any safety survey report or amendments 
thereto authorized under
Section 2-3.12 of this Act, the 
district may levy a tax or issue bonds as provided in 
subsection (a) of this Section.
    (d) Whenever any such district determines that it is

necessary for school
security purposes and the related 
protection and safety of pupils and school
personnel that any 
school building or property should be altered or
reconstructed 
or that security systems and equipment (including but not 
limited
to intercom, early detection and warning, access 
control and television
monitoring systems) should be purchased 
and installed, and that such
alterations, reconstruction or 
purchase and installation of equipment will be
made with funds 
not necessary for the completion of approved and recommended

projects contained in any safety survey report or amendment 
thereto authorized
by Section 2-3.12 of this Act and will deter 
and prevent unauthorized entry or
activities upon school 
property by unknown or dangerous persons, assure early

detection and advance warning of any such actual or attempted 
unauthorized
entry or activities and help assure the continued 
safety of pupils and school
staff if any such unauthorized 
entry or activity is attempted or occurs;
the district may levy 
a tax or issue bonds as provided in subsection (a) of this 
Section.
    (e)  If a school district does not need funds for other fire 
prevention and
safety projects, including the completion of 
approved and recommended projects
contained in any safety 
survey report or amendments thereto authorized by
Section 
2-3.12 of this Act, and it is determined after a public hearing 
(which
is preceded by at least one published notice (i) 
occurring at least 7 days
prior to the hearing in a newspaper 
of general circulation within the school
district and (ii) 
setting forth the time, date, place, and general subject
matter 
of the hearing) that there is a
substantial, immediate, and 
otherwise unavoidable threat to the health, safety,
or welfare 
of pupils due to disrepair of school sidewalks, playgrounds, 
parking
lots, or school bus turnarounds and repairs must be 
made; then the district may levy a tax or issue bonds as 
provided in subsection (a) of this Section.
    (f) For purposes of this Section a school district may 
replace a school
building or build additions to replace 
portions of a building when it is
determined that the 
effectuation of the recommendations for the existing
building 
will cost more than the replacement costs.  Such determination 
shall
be based on a comparison of estimated costs made by an 
architect or engineer
licensed in the State of Illinois.  The 
new building or addition shall be
equivalent in area (square 
feet) and comparable in purpose and grades served
and may be on 
the same site or another site.  Such replacement may only be 
done
upon order of the regional superintendent of schools and 
the approval of the
State Superintendent of Education.
    (g) The filing of a certified copy of the resolution 
levying the tax when
accompanied by the certificates of the 
regional superintendent of schools and
State Superintendent of 
Education shall be the authority of the county clerk to
extend 
such tax.
    (h) The county clerk of the county in which any school 
district levying a
tax under the authority of this Section is 
located, in reducing raised
levies, shall not consider any such 
tax as a part of the general levy
for school purposes and shall 
not include the same in the limitation of
any other tax rate 
which may be extended.
    Such tax shall be levied and collected in like manner as 
all other
taxes of school districts, subject to the provisions 
contained in this Section.
    (i) The tax rate limit specified in this Section may be 
increased to .10%
upon the approval of a proposition to effect 
such increase by a majority
of the electors voting on that 
proposition at a regular scheduled election.
Such proposition 
may be initiated by resolution of the school board and
shall be 
certified by the secretary to the proper election authorities 
for
submission in accordance with the general election law.
    (j) When taxes are levied by any school district for fire 
prevention,
safety, energy conservation, and school security 
purposes as specified in this
Section, and the purposes for 
which the taxes have been
levied are accomplished and paid in 
full, and there remain funds on hand in
the Fire Prevention and 
Safety Fund from the proceeds of the taxes levied,
including 
interest earnings thereon, the school board by resolution shall 
use
such excess and other board restricted funds, excluding 
bond proceeds and
earnings from such proceeds, as follows:
        (1) for other authorized fire prevention,
safety, 
    energy conservation, and school security purposes;
or
        (2) for transfer to the Operations and Maintenance Fund

    for the purpose of abating an equal amount of operations 
    and maintenance
purposes taxes.
Notwithstanding subdivision (2) of this subsection (j) and 
subsection (k) of this Section, through June 30, 2016 2013, the 
school board
may, by proper resolution following a public 
hearing set by the
school board or the president of the school 
board (that is
preceded (i) by at least one published notice 
over the name of
the clerk or secretary of the board, occurring 
at least 7 days
and not more than 30 days prior to the hearing, 
in a newspaper
of general circulation within the school 
district and (ii) by
posted notice over the name of the clerk 
or secretary of the
board, at least 48 hours before the 
hearing, at the principal
office of the school board or at the 
building where the hearing
is to be held if a principal office 
does not exist, with both
notices setting forth the time, date, 
place, and subject matter
of the hearing), transfer surplus 
life safety taxes and interest earnings thereon to the 
Operations and Maintenance Fund for building repair work. 
    (k)  If any transfer is made to the Operation and 
Maintenance
Fund, the secretary of the school board shall 
within 30 days notify
the county clerk of the amount of that 
transfer and direct the clerk to
abate the taxes to be extended 
for the purposes of operations and
maintenance authorized under 
Section 17-2 of this Act by an amount equal
to such transfer.
    (l) If the proceeds from the tax levy authorized by this

Section are insufficient to complete the work approved under 
this
Section, the school board is authorized to sell bonds 
without referendum
under the provisions of this Section in an 
amount that, when added to the
proceeds of the tax levy 
authorized by this Section, will allow completion
of the 
approved work.
    (m) Any bonds issued pursuant to this Section shall bear 
interest at a rate not to exceed the maximum rate
authorized by 
law at the time of the making of the contract, shall mature

within 20 years from date, and shall be signed by the president 
of the school
board and the treasurer of the school district.
    (n) In order to authorize and issue such bonds, the school 
board shall adopt
a resolution fixing the amount of bonds, the 
date thereof, the maturities
thereof, rates of interest 
thereof, place of payment and denomination,
which shall be in 
denominations of not less than $100 and not more than
$5,000, 
and provide for the levy and collection of a direct annual tax 
upon
all the taxable property in the school district sufficient 
to pay the
principal and interest on such bonds to maturity.  
Upon the filing in the
office of the county clerk of the county 
in which the school district is
located of a certified copy of 
the resolution, it is the duty of the
county clerk to extend 
the tax therefor in addition to and in excess of all
other 
taxes heretofore or hereafter authorized to be
levied by such 
school district.
    (o) After the time such bonds are issued as provided for by 
this Section, if
additional alterations or reconstructions are 
required to be made because
of surveys conducted by an 
architect or engineer licensed in the State of
Illinois, the 
district may levy a tax at a rate not to exceed .05% per year

upon all the taxable property of the district or issue 
additional bonds,
whichever action shall be the most feasible.
    (p) This Section is cumulative and constitutes complete 
authority for the
issuance of bonds as provided in this Section 
notwithstanding any other
statute or law to the contrary.
    (q) With respect to instruments for the payment of money 
issued under this
Section either before, on, or after the 
effective date of Public Act 86-004
(June 6, 1989), it is, and 
always has been, the intention of the General
Assembly (i) that 
the Omnibus Bond Acts are, and always have been,
supplementary 
grants of power to issue instruments in accordance with the

Omnibus Bond Acts, regardless of any provision of this Act that 
may appear
to be or to have been more restrictive than those 
Acts, (ii) that the
provisions of this Section are not a 
limitation on the supplementary
authority granted by the 
Omnibus Bond Acts, and (iii) that instruments
issued under this 
Section within the supplementary authority granted by the

Omnibus Bond Acts are not invalid because of any provision of 
this Act that
may appear to be or to have been more restrictive 
than those Acts.
    (r) When the purposes for which the bonds are issued have 
been accomplished
and paid for in full and there remain funds 
on hand from the proceeds of
the bond sale and interest 
earnings therefrom, the board shall, by
resolution, use such 
excess funds in accordance with the provisions of
Section 
10-22.14 of this Act.
    (s) Whenever any tax is levied or bonds issued for fire 
prevention, safety,
energy conservation, and school security 
purposes, such proceeds shall be
deposited and accounted for 
separately within the Fire Prevention and Safety
Fund.
(Source: P.A. 95-675, eff. 10-11-07; 95-793, eff. 1-1-09; 
96-252, eff. 8-11-09; 96-1474, eff. 8-23-10.)
 



    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)



    Sec. 17-2A. Interfund Transfers. The school board of any 
district having a population of less than
500,000 inhabitants 
may, by proper resolution following a public hearing
set by the 
school board or the president of the school board
(that is 
preceded (i) by at least one published notice over the name of

the clerk
or secretary of the board, occurring at least 7 days 
and not more than 30
days
prior to the hearing, in a newspaper 
of general circulation within the
school
district and (ii) by 
posted notice over the name of the clerk or secretary of
the 
board, at least 48 hours before the hearing, at the principal 
office of the
school board or at the building where the hearing 
is to be held if a principal
office does not exist, with both 
notices setting forth the time, date, place,
and subject matter 
of the
hearing), transfer money from (1) the Educational Fund 
to the Operations
and
Maintenance Fund or the Transportation 
Fund, (2) the Operations and
Maintenance Fund to the 
Educational Fund or the Transportation Fund, or (3) the

Transportation Fund to the Educational Fund or the Operations 
and Maintenance
Fund of said
district,
provided that, except 
during the period from July 1, 2003 through June 30,
2016 2013, 
such transfer is made solely for the purpose of meeting 
one-time,
non-recurring expenses.  Except during the period 
from July 1, 2003 through
June 30, 2016 2013, any other 
permanent interfund transfers authorized
by any provision or 
judicial interpretation of this Code for which the
transferee 
fund is not precisely and specifically set forth in the 
provision of
this Code authorizing such transfer shall be made 
to the fund of the school
district most in need of the funds 
being transferred, as determined by
resolution of the school 
board.

(Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  6/21/2013