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Public Act 100-0032
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| HB3012 Enrolled | LRB100 10475 MLM 20688 b |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section |
17-2A as follows:
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(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
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Sec. 17-2A. Interfund transfers. |
(a) 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
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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
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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 |
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the Transportation Fund, (3) the
Transportation Fund to the |
Educational Fund or the Operations and Maintenance
Fund, or (4) |
the Tort Immunity Fund to the Operations and Maintenance Fund |
of said
district,
provided that, except during the period from |
July 1, 2003 through June 30, 2019, such transfer is made |
solely for the purpose of meeting one-time,
non-recurring |
expenses. Except during the period from July 1, 2003 through
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June 30, 2019 and except as otherwise provided in subsection |
(b) of this Section, 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. |
(b) (Blank).
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(c) Notwithstanding subsection (a) of this Section or any |
other provision of this Code to the contrary, the school board |
of any school district (i) that is subject to the Property Tax |
Extension Limitation Law, (ii) that is an elementary district |
servicing students in grades K through 8, (iii) whose territory |
is in one county, (iv) that is eligible for Section 7002 |
Federal Impact Aid, and (v) that has no more than $81,000 in |
funds remaining from refinancing bonds that were refinanced a |
minimum of 5 years prior to January 20, 2017 (the effective |
date of Public Act 99-926) this amendatory Act of the 99th |
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General Assembly may make a one-time transfer of the funds |
remaining from the refinancing bonds to the Operations and |
Maintenance Fund of the district by proper resolution following |
a public hearing set by the school board or the president of |
the school board, with notice as provided in subsection (a) of |
this Section, so long as the district meets the qualifications |
set forth in this subsection (c) on January 20, 2017 (the |
effective date of Public Act 99-926) this amendatory Act of the |
99th General Assembly. |
(d) Notwithstanding subsection (a) of this Section or any |
other provision of this Code to the contrary, the school board |
of any school district (i) that is subject to the Property Tax |
Extension Limitation Law, (ii) that is a community unit school |
district servicing students in grades K through 12, (iii) whose |
territory is in one county, (iv) that owns property designated |
by the United States as a Superfund site pursuant to the |
federal Comprehensive Environmental Response, Compensation and |
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) has an |
excess accumulation of funds in its bond fund, including funds |
accumulated prior to July 1, 2000, may make a one-time transfer |
of those excess funds accumulated prior to July 1, 2000 to the |
Operations and Maintenance Fund of the district by proper |
resolution following a public hearing set by the school board |
or the president of the school board, with notice as provided |
in subsection (a) of this Section, so long as the district |
meets the qualifications set forth in this subsection (d) on |