Rep. Jerry Lee Long

Filed: 5/30/2017

 

 


 

 


 
10000SB1290ham002LRB100 09653 MLM 27364 a

1
AMENDMENT TO SENATE BILL 1290

2    AMENDMENT NO. ______. Amend Senate Bill 1290, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6changing Section 11-74.4-7 as follows:
 
7    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
8    Sec. 11-74.4-7. Obligations secured by the special tax
9allocation fund set forth in Section 11-74.4-8 for the
10redevelopment project area may be issued to provide for
11redevelopment project costs. Such obligations, when so issued,
12shall be retired in the manner provided in the ordinance
13authorizing the issuance of such obligations by the receipts of
14taxes levied as specified in Section 11-74.4-9 against the
15taxable property included in the area, by revenues as specified
16by Section 11-74.4-8a and other revenue designated by the

 

 

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1municipality. A municipality may in the ordinance pledge all or
2any part of the funds in and to be deposited in the special tax
3allocation fund created pursuant to Section 11-74.4-8 to the
4payment of the redevelopment project costs and obligations. Any
5pledge of funds in the special tax allocation fund shall
6provide for distribution to the taxing districts and to the
7Illinois Department of Revenue of moneys not required, pledged,
8earmarked, or otherwise designated for payment and securing of
9the obligations and anticipated redevelopment project costs
10and such excess funds shall be calculated annually and deemed
11to be "surplus" funds. In the event a municipality only applies
12or pledges a portion of the funds in the special tax allocation
13fund for the payment or securing of anticipated redevelopment
14project costs or of obligations, any such funds remaining in
15the special tax allocation fund after complying with the
16requirements of the application or pledge, shall also be
17calculated annually and deemed "surplus" funds. All surplus
18funds in the special tax allocation fund shall be distributed
19annually within 180 days after the close of the municipality's
20fiscal year by being paid by the municipal treasurer to the
21County Collector, to the Department of Revenue and to the
22municipality in direct proportion to the tax incremental
23revenue received as a result of an increase in the equalized
24assessed value of property in the redevelopment project area,
25tax incremental revenue received from the State and tax
26incremental revenue received from the municipality, but not to

 

 

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1exceed as to each such source the total incremental revenue
2received from that source. The County Collector shall
3thereafter make distribution to the respective taxing
4districts in the same manner and proportion as the most recent
5distribution by the county collector to the affected districts
6of real property taxes from real property in the redevelopment
7project area.
8    Without limiting the foregoing in this Section, the
9municipality may in addition to obligations secured by the
10special tax allocation fund pledge for a period not greater
11than the term of the obligations towards payment of such
12obligations any part or any combination of the following: (a)
13net revenues of all or part of any redevelopment project; (b)
14taxes levied and collected on any or all property in the
15municipality; (c) the full faith and credit of the
16municipality; (d) a mortgage on part or all of the
17redevelopment project; (d-5) repayment of bonds issued
18pursuant to subsection (p-130) of Section 19-1 of the School
19Code; or (e) any other taxes or anticipated receipts that the
20municipality may lawfully pledge.
21    Such obligations may be issued in one or more series
22bearing interest at such rate or rates as the corporate
23authorities of the municipality shall determine by ordinance.
24Such obligations shall bear such date or dates, mature at such
25time or times not exceeding 20 years from their respective
26dates, be in such denomination, carry such registration

 

 

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1privileges, be executed in such manner, be payable in such
2medium of payment at such place or places, contain such
3covenants, terms and conditions, and be subject to redemption
4as such ordinance shall provide. Obligations issued pursuant to
5this Act may be sold at public or private sale at such price as
6shall be determined by the corporate authorities of the
7municipalities. No referendum approval of the electors shall be
8required as a condition to the issuance of obligations pursuant
9to this Division except as provided in this Section.
10    In the event the municipality authorizes issuance of
11obligations pursuant to the authority of this Division secured
12by the full faith and credit of the municipality, which
13obligations are other than obligations which may be issued
14under home rule powers provided by Article VII, Section 6 of
15the Illinois Constitution, or pledges taxes pursuant to (b) or
16(c) of the second paragraph of this section, the ordinance
17authorizing the issuance of such obligations or pledging such
18taxes shall be published within 10 days after such ordinance
19has been passed in one or more newspapers, with general
20circulation within such municipality. The publication of the
21ordinance shall be accompanied by a notice of (1) the specific
22number of voters required to sign a petition requesting the
23question of the issuance of such obligations or pledging taxes
24to be submitted to the electors; (2) the time in which such
25petition must be filed; and (3) the date of the prospective
26referendum. The municipal clerk shall provide a petition form

 

 

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1to any individual requesting one.
2    If no petition is filed with the municipal clerk, as
3hereinafter provided in this Section, within 30 days after the
4publication of the ordinance, the ordinance shall be in effect.
5But, if within that 30 day period a petition is filed with the
6municipal clerk, signed by electors in the municipality
7numbering 10% or more of the number of registered voters in the
8municipality, asking that the question of issuing obligations
9using full faith and credit of the municipality as security for
10the cost of paying for redevelopment project costs, or of
11pledging taxes for the payment of such obligations, or both, be
12submitted to the electors of the municipality, the corporate
13authorities of the municipality shall call a special election
14in the manner provided by law to vote upon that question, or,
15if a general, State or municipal election is to be held within
16a period of not less than 30 or more than 90 days from the date
17such petition is filed, shall submit the question at the next
18general, State or municipal election. If it appears upon the
19canvass of the election by the corporate authorities that a
20majority of electors voting upon the question voted in favor
21thereof, the ordinance shall be in effect, but if a majority of
22the electors voting upon the question are not in favor thereof,
23the ordinance shall not take effect.
24    The ordinance authorizing the obligations may provide that
25the obligations shall contain a recital that they are issued
26pursuant to this Division, which recital shall be conclusive

 

 

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1evidence of their validity and of the regularity of their
2issuance.
3    In the event the municipality authorizes issuance of
4obligations pursuant to this Section secured by the full faith
5and credit of the municipality, the ordinance authorizing the
6obligations may provide for the levy and collection of a direct
7annual tax upon all taxable property within the municipality
8sufficient to pay the principal thereof and interest thereon as
9it matures, which levy may be in addition to and exclusive of
10the maximum of all other taxes authorized to be levied by the
11municipality, which levy, however, shall be abated to the
12extent that monies from other sources are available for payment
13of the obligations and the municipality certifies the amount of
14said monies available to the county clerk.
15    A certified copy of such ordinance shall be filed with the
16county clerk of each county in which any portion of the
17municipality is situated, and shall constitute the authority
18for the extension and collection of the taxes to be deposited
19in the special tax allocation fund.
20    A municipality may also issue its obligations to refund in
21whole or in part, obligations theretofore issued by such
22municipality under the authority of this Act, whether at or
23prior to maturity, provided however, that the last maturity of
24the refunding obligations may not be later than the dates set
25forth under Section 11-74.4-3.5.
26    In the event a municipality issues obligations under home

 

 

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1rule powers or other legislative authority the proceeds of
2which are pledged to pay for redevelopment project costs, the
3municipality may, if it has followed the procedures in
4conformance with this division, retire said obligations from
5funds in the special tax allocation fund in amounts and in such
6manner as if such obligations had been issued pursuant to the
7provisions of this division.
8    All obligations heretofore or hereafter issued pursuant to
9this Act shall not be regarded as indebtedness of the
10municipality issuing such obligations or any other taxing
11district for the purpose of any limitation imposed by law.
12(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331,
13eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07;
1495-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff.
1510-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932,
16eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08;
1795-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the
18effective date of changes made by P.A. 95-1028); 96-328, eff.
198-11-09; 96-1000, eff. 7-2-10.)
 
20    Section 10. The School Code is amended by changing Sections
2119-1 and 19-11 as follows:
 
22    (105 ILCS 5/19-1)
23    Sec. 19-1. Debt limitations of school districts.
24    (a) School districts shall not be subject to the provisions

 

 

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1limiting their indebtedness prescribed in the Local Government
2Debt Limitation Act.
3    No school districts maintaining grades K through 8 or 9
4through 12 shall become indebted in any manner or for any
5purpose to an amount, including existing indebtedness, in the
6aggregate exceeding 6.9% on the value of the taxable property
7therein to be ascertained by the last assessment for State and
8county taxes or, until January 1, 1983, if greater, the sum
9that is produced by multiplying the school district's 1978
10equalized assessed valuation by the debt limitation percentage
11in effect on January 1, 1979, previous to the incurring of such
12indebtedness.
13    No school districts maintaining grades K through 12 shall
14become indebted in any manner or for any purpose to an amount,
15including existing indebtedness, in the aggregate exceeding
1613.8% on the value of the taxable property therein to be
17ascertained by the last assessment for State and county taxes
18or, until January 1, 1983, if greater, the sum that is produced
19by multiplying the school district's 1978 equalized assessed
20valuation by the debt limitation percentage in effect on
21January 1, 1979, previous to the incurring of such
22indebtedness.
23    No partial elementary unit district, as defined in Article
2411E of this Code, shall become indebted in any manner or for
25any purpose in an amount, including existing indebtedness, in
26the aggregate exceeding 6.9% of the value of the taxable

 

 

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1property of the entire district, to be ascertained by the last
2assessment for State and county taxes, plus an amount,
3including existing indebtedness, in the aggregate exceeding
46.9% of the value of the taxable property of that portion of
5the district included in the elementary and high school
6classification, to be ascertained by the last assessment for
7State and county taxes. Moreover, no partial elementary unit
8district, as defined in Article 11E of this Code, shall become
9indebted on account of bonds issued by the district for high
10school purposes in the aggregate exceeding 6.9% of the value of
11the taxable property of the entire district, to be ascertained
12by the last assessment for State and county taxes, nor shall
13the district become indebted on account of bonds issued by the
14district for elementary purposes in the aggregate exceeding
156.9% of the value of the taxable property for that portion of
16the district included in the elementary and high school
17classification, to be ascertained by the last assessment for
18State and county taxes.
19    Notwithstanding the provisions of any other law to the
20contrary, in any case in which the voters of a school district
21have approved a proposition for the issuance of bonds of such
22school district at an election held prior to January 1, 1979,
23and all of the bonds approved at such election have not been
24issued, the debt limitation applicable to such school district
25during the calendar year 1979 shall be computed by multiplying
26the value of taxable property therein, including personal

 

 

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1property, as ascertained by the last assessment for State and
2county taxes, previous to the incurring of such indebtedness,
3by the percentage limitation applicable to such school district
4under the provisions of this subsection (a).
5    (b) Notwithstanding the debt limitation prescribed in
6subsection (a) of this Section, additional indebtedness may be
7incurred in an amount not to exceed the estimated cost of
8acquiring or improving school sites or constructing and
9equipping additional building facilities under the following
10conditions:
11        (1) Whenever the enrollment of students for the next
12    school year is estimated by the board of education to
13    increase over the actual present enrollment by not less
14    than 35% or by not less than 200 students or the actual
15    present enrollment of students has increased over the
16    previous school year by not less than 35% or by not less
17    than 200 students and the board of education determines
18    that additional school sites or building facilities are
19    required as a result of such increase in enrollment; and
20        (2) When the Regional Superintendent of Schools having
21    jurisdiction over the school district and the State
22    Superintendent of Education concur in such enrollment
23    projection or increase and approve the need for such
24    additional school sites or building facilities and the
25    estimated cost thereof; and
26        (3) When the voters in the school district approve a

 

 

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1    proposition for the issuance of bonds for the purpose of
2    acquiring or improving such needed school sites or
3    constructing and equipping such needed additional building
4    facilities at an election called and held for that purpose.
5    Notice of such an election shall state that the amount of
6    indebtedness proposed to be incurred would exceed the debt
7    limitation otherwise applicable to the school district.
8    The ballot for such proposition shall state what percentage
9    of the equalized assessed valuation will be outstanding in
10    bonds if the proposed issuance of bonds is approved by the
11    voters; or
12        (4) Notwithstanding the provisions of paragraphs (1)
13    through (3) of this subsection (b), if the school board
14    determines that additional facilities are needed to
15    provide a quality educational program and not less than 2/3
16    of those voting in an election called by the school board
17    on the question approve the issuance of bonds for the
18    construction of such facilities, the school district may
19    issue bonds for this purpose; or
20        (5) Notwithstanding the provisions of paragraphs (1)
21    through (3) of this subsection (b), if (i) the school
22    district has previously availed itself of the provisions of
23    paragraph (4) of this subsection (b) to enable it to issue
24    bonds, (ii) the voters of the school district have not
25    defeated a proposition for the issuance of bonds since the
26    referendum described in paragraph (4) of this subsection

 

 

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1    (b) was held, (iii) the school board determines that
2    additional facilities are needed to provide a quality
3    educational program, and (iv) a majority of those voting in
4    an election called by the school board on the question
5    approve the issuance of bonds for the construction of such
6    facilities, the school district may issue bonds for this
7    purpose.
8    In no event shall the indebtedness incurred pursuant to
9this subsection (b) and the existing indebtedness of the school
10district exceed 15% of the value of the taxable property
11therein to be ascertained by the last assessment for State and
12county taxes, previous to the incurring of such indebtedness
13or, until January 1, 1983, if greater, the sum that is produced
14by multiplying the school district's 1978 equalized assessed
15valuation by the debt limitation percentage in effect on
16January 1, 1979.
17    The indebtedness provided for by this subsection (b) shall
18be in addition to and in excess of any other debt limitation.
19    (c) Notwithstanding the debt limitation prescribed in
20subsection (a) of this Section, in any case in which a public
21question for the issuance of bonds of a proposed school
22district maintaining grades kindergarten through 12 received
23at least 60% of the valid ballots cast on the question at an
24election held on or prior to November 8, 1994, and in which the
25bonds approved at such election have not been issued, the
26school district pursuant to the requirements of Section 11A-10

 

 

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1(now repealed) may issue the total amount of bonds approved at
2such election for the purpose stated in the question.
3    (d) Notwithstanding the debt limitation prescribed in
4subsection (a) of this Section, a school district that meets
5all the criteria set forth in paragraphs (1) and (2) of this
6subsection (d) may incur an additional indebtedness in an
7amount not to exceed $4,500,000, even though the amount of the
8additional indebtedness authorized by this subsection (d),
9when incurred and added to the aggregate amount of indebtedness
10of the district existing immediately prior to the district
11incurring the additional indebtedness authorized by this
12subsection (d), causes the aggregate indebtedness of the
13district to exceed the debt limitation otherwise applicable to
14that district under subsection (a):
15        (1) The additional indebtedness authorized by this
16    subsection (d) is incurred by the school district through
17    the issuance of bonds under and in accordance with Section
18    17-2.11a for the purpose of replacing a school building
19    which, because of mine subsidence damage, has been closed
20    as provided in paragraph (2) of this subsection (d) or
21    through the issuance of bonds under and in accordance with
22    Section 19-3 for the purpose of increasing the size of, or
23    providing for additional functions in, such replacement
24    school buildings, or both such purposes.
25        (2) The bonds issued by the school district as provided
26    in paragraph (1) above are issued for the purposes of

 

 

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1    construction by the school district of a new school
2    building pursuant to Section 17-2.11, to replace an
3    existing school building that, because of mine subsidence
4    damage, is closed as of the end of the 1992-93 school year
5    pursuant to action of the regional superintendent of
6    schools of the educational service region in which the
7    district is located under Section 3-14.22 or are issued for
8    the purpose of increasing the size of, or providing for
9    additional functions in, the new school building being
10    constructed to replace a school building closed as the
11    result of mine subsidence damage, or both such purposes.
12    (e) (Blank).
13    (f) Notwithstanding the provisions of subsection (a) of
14this Section or of any other law, bonds in not to exceed the
15aggregate amount of $5,500,000 and issued by a school district
16meeting the following criteria shall not be considered
17indebtedness for purposes of any statutory limitation and may
18be issued in an amount or amounts, including existing
19indebtedness, in excess of any heretofore or hereafter imposed
20statutory limitation as to indebtedness:
21        (1) At the time of the sale of such bonds, the board of
22    education of the district shall have determined by
23    resolution that the enrollment of students in the district
24    is projected to increase by not less than 7% during each of
25    the next succeeding 2 school years.
26        (2) The board of education shall also determine by

 

 

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1    resolution that the improvements to be financed with the
2    proceeds of the bonds are needed because of the projected
3    enrollment increases.
4        (3) The board of education shall also determine by
5    resolution that the projected increases in enrollment are
6    the result of improvements made or expected to be made to
7    passenger rail facilities located in the school district.
8    Notwithstanding the provisions of subsection (a) of this
9Section or of any other law, a school district that has availed
10itself of the provisions of this subsection (f) prior to July
1122, 2004 (the effective date of Public Act 93-799) may also
12issue bonds approved by referendum up to an amount, including
13existing indebtedness, not exceeding 25% of the equalized
14assessed value of the taxable property in the district if all
15of the conditions set forth in items (1), (2), and (3) of this
16subsection (f) are met.
17    (g) Notwithstanding the provisions of subsection (a) of
18this Section or any other law, bonds in not to exceed an
19aggregate amount of 25% of the equalized assessed value of the
20taxable property of a school district and issued by a school
21district meeting the criteria in paragraphs (i) through (iv) of
22this subsection shall not be considered indebtedness for
23purposes of any statutory limitation and may be issued pursuant
24to resolution of the school board in an amount or amounts,
25including existing indebtedness, in excess of any statutory
26limitation of indebtedness heretofore or hereafter imposed:

 

 

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1        (i) The bonds are issued for the purpose of
2    constructing a new high school building to replace two
3    adjacent existing buildings which together house a single
4    high school, each of which is more than 65 years old, and
5    which together are located on more than 10 acres and less
6    than 11 acres of property.
7        (ii) At the time the resolution authorizing the
8    issuance of the bonds is adopted, the cost of constructing
9    a new school building to replace the existing school
10    building is less than 60% of the cost of repairing the
11    existing school building.
12        (iii) The sale of the bonds occurs before July 1, 1997.
13        (iv) The school district issuing the bonds is a unit
14    school district located in a county of less than 70,000 and
15    more than 50,000 inhabitants, which has an average daily
16    attendance of less than 1,500 and an equalized assessed
17    valuation of less than $29,000,000.
18    (h) Notwithstanding any other provisions of this Section or
19the provisions of any other law, until January 1, 1998, a
20community unit school district maintaining grades K through 12
21may issue bonds up to an amount, including existing
22indebtedness, not exceeding 27.6% of the equalized assessed
23value of the taxable property in the district, if all of the
24following conditions are met:
25        (i) The school district has an equalized assessed
26    valuation for calendar year 1995 of less than $24,000,000;

 

 

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1        (ii) The bonds are issued for the capital improvement,
2    renovation, rehabilitation, or replacement of existing
3    school buildings of the district, all of which buildings
4    were originally constructed not less than 40 years ago;
5        (iii) The voters of the district approve a proposition
6    for the issuance of the bonds at a referendum held after
7    March 19, 1996; and
8        (iv) The bonds are issued pursuant to Sections 19-2
9    through 19-7 of this Code.
10    (i) Notwithstanding any other provisions of this Section or
11the provisions of any other law, until January 1, 1998, a
12community unit school district maintaining grades K through 12
13may issue bonds up to an amount, including existing
14indebtedness, not exceeding 27% of the equalized assessed value
15of the taxable property in the district, if all of the
16following conditions are met:
17        (i) The school district has an equalized assessed
18    valuation for calendar year 1995 of less than $44,600,000;
19        (ii) The bonds are issued for the capital improvement,
20    renovation, rehabilitation, or replacement of existing
21    school buildings of the district, all of which existing
22    buildings were originally constructed not less than 80
23    years ago;
24        (iii) The voters of the district approve a proposition
25    for the issuance of the bonds at a referendum held after
26    December 31, 1996; and

 

 

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1        (iv) The bonds are issued pursuant to Sections 19-2
2    through 19-7 of this Code.
3    (j) Notwithstanding any other provisions of this Section or
4the provisions of any other law, until January 1, 1999, a
5community unit school district maintaining grades K through 12
6may issue bonds up to an amount, including existing
7indebtedness, not exceeding 27% of the equalized assessed value
8of the taxable property in the district if all of the following
9conditions are met:
10        (i) The school district has an equalized assessed
11    valuation for calendar year 1995 of less than $140,000,000
12    and a best 3 months average daily attendance for the
13    1995-96 school year of at least 2,800;
14        (ii) The bonds are issued to purchase a site and build
15    and equip a new high school, and the school district's
16    existing high school was originally constructed not less
17    than 35 years prior to the sale of the bonds;
18        (iii) At the time of the sale of the bonds, the board
19    of education determines by resolution that a new high
20    school is needed because of projected enrollment
21    increases;
22        (iv) At least 60% of those voting in an election held
23    after December 31, 1996 approve a proposition for the
24    issuance of the bonds; and
25        (v) The bonds are issued pursuant to Sections 19-2
26    through 19-7 of this Code.

 

 

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1    (k) Notwithstanding the debt limitation prescribed in
2subsection (a) of this Section, a school district that meets
3all the criteria set forth in paragraphs (1) through (4) of
4this subsection (k) may issue bonds to incur an additional
5indebtedness in an amount not to exceed $4,000,000 even though
6the amount of the additional indebtedness authorized by this
7subsection (k), when incurred and added to the aggregate amount
8of indebtedness of the school district existing immediately
9prior to the school district incurring such additional
10indebtedness, causes the aggregate indebtedness of the school
11district to exceed or increases the amount by which the
12aggregate indebtedness of the district already exceeds the debt
13limitation otherwise applicable to that school district under
14subsection (a):
15        (1) the school district is located in 2 counties, and a
16    referendum to authorize the additional indebtedness was
17    approved by a majority of the voters of the school district
18    voting on the proposition to authorize that indebtedness;
19        (2) the additional indebtedness is for the purpose of
20    financing a multi-purpose room addition to the existing
21    high school;
22        (3) the additional indebtedness, together with the
23    existing indebtedness of the school district, shall not
24    exceed 17.4% of the value of the taxable property in the
25    school district, to be ascertained by the last assessment
26    for State and county taxes; and

 

 

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1        (4) the bonds evidencing the additional indebtedness
2    are issued, if at all, within 120 days of August 14, 1998
3    (the effective date of Public Act 90-757).
4    (l) Notwithstanding any other provisions of this Section or
5the provisions of any other law, until January 1, 2000, a
6school district maintaining grades kindergarten through 8 may
7issue bonds up to an amount, including existing indebtedness,
8not exceeding 15% of the equalized assessed value of the
9taxable property in the district if all of the following
10conditions are met:
11        (i) the district has an equalized assessed valuation
12    for calendar year 1996 of less than $10,000,000;
13        (ii) the bonds are issued for capital improvement,
14    renovation, rehabilitation, or replacement of one or more
15    school buildings of the district, which buildings were
16    originally constructed not less than 70 years ago;
17        (iii) the voters of the district approve a proposition
18    for the issuance of the bonds at a referendum held on or
19    after March 17, 1998; and
20        (iv) the bonds are issued pursuant to Sections 19-2
21    through 19-7 of this Code.
22    (m) Notwithstanding any other provisions of this Section or
23the provisions of any other law, until January 1, 1999, an
24elementary school district maintaining grades K through 8 may
25issue bonds up to an amount, excluding existing indebtedness,
26not exceeding 18% of the equalized assessed value of the

 

 

10000SB1290ham002- 21 -LRB100 09653 MLM 27364 a

1taxable property in the district, if all of the following
2conditions are met:
3        (i) The school district has an equalized assessed
4    valuation for calendar year 1995 or less than $7,700,000;
5        (ii) The school district operates 2 elementary
6    attendance centers that until 1976 were operated as the
7    attendance centers of 2 separate and distinct school
8    districts;
9        (iii) The bonds are issued for the construction of a
10    new elementary school building to replace an existing
11    multi-level elementary school building of the school
12    district that is not accessible at all levels and parts of
13    which were constructed more than 75 years ago;
14        (iv) The voters of the school district approve a
15    proposition for the issuance of the bonds at a referendum
16    held after July 1, 1998; and
17        (v) The bonds are issued pursuant to Sections 19-2
18    through 19-7 of this Code.
19    (n) Notwithstanding the debt limitation prescribed in
20subsection (a) of this Section or any other provisions of this
21Section or of any other law, a school district that meets all
22of the criteria set forth in paragraphs (i) through (vi) of
23this subsection (n) may incur additional indebtedness by the
24issuance of bonds in an amount not exceeding the amount
25certified by the Capital Development Board to the school
26district as provided in paragraph (iii) of this subsection (n),

 

 

10000SB1290ham002- 22 -LRB100 09653 MLM 27364 a

1even though the amount of the additional indebtedness so
2authorized, when incurred and added to the aggregate amount of
3indebtedness of the district existing immediately prior to the
4district incurring the additional indebtedness authorized by
5this subsection (n), causes the aggregate indebtedness of the
6district to exceed the debt limitation otherwise applicable by
7law to that district:
8        (i) The school district applies to the State Board of
9    Education for a school construction project grant and
10    submits a district facilities plan in support of its
11    application pursuant to Section 5-20 of the School
12    Construction Law.
13        (ii) The school district's application and facilities
14    plan are approved by, and the district receives a grant
15    entitlement for a school construction project issued by,
16    the State Board of Education under the School Construction
17    Law.
18        (iii) The school district has exhausted its bonding
19    capacity or the unused bonding capacity of the district is
20    less than the amount certified by the Capital Development
21    Board to the district under Section 5-15 of the School
22    Construction Law as the dollar amount of the school
23    construction project's cost that the district will be
24    required to finance with non-grant funds in order to
25    receive a school construction project grant under the
26    School Construction Law.

 

 

10000SB1290ham002- 23 -LRB100 09653 MLM 27364 a

1        (iv) The bonds are issued for a "school construction
2    project", as that term is defined in Section 5-5 of the
3    School Construction Law, in an amount that does not exceed
4    the dollar amount certified, as provided in paragraph (iii)
5    of this subsection (n), by the Capital Development Board to
6    the school district under Section 5-15 of the School
7    Construction Law.
8        (v) The voters of the district approve a proposition
9    for the issuance of the bonds at a referendum held after
10    the criteria specified in paragraphs (i) and (iii) of this
11    subsection (n) are met.
12        (vi) The bonds are issued pursuant to Sections 19-2
13    through 19-7 of the School Code.
14    (o) Notwithstanding any other provisions of this Section or
15the provisions of any other law, until November 1, 2007, a
16community unit school district maintaining grades K through 12
17may issue bonds up to an amount, including existing
18indebtedness, not exceeding 20% of the equalized assessed value
19of the taxable property in the district if all of the following
20conditions are met:
21        (i) the school district has an equalized assessed
22    valuation for calendar year 2001 of at least $737,000,000
23    and an enrollment for the 2002-2003 school year of at least
24    8,500;
25        (ii) the bonds are issued to purchase school sites,
26    build and equip a new high school, build and equip a new

 

 

10000SB1290ham002- 24 -LRB100 09653 MLM 27364 a

1    junior high school, build and equip 5 new elementary
2    schools, and make technology and other improvements and
3    additions to existing schools;
4        (iii) at the time of the sale of the bonds, the board
5    of education determines by resolution that the sites and
6    new or improved facilities are needed because of projected
7    enrollment increases;
8        (iv) at least 57% of those voting in a general election
9    held prior to January 1, 2003 approved a proposition for
10    the issuance of the bonds; and
11        (v) the bonds are issued pursuant to Sections 19-2
12    through 19-7 of this Code.
13    (p) Notwithstanding any other provisions of this Section or
14the provisions of any other law, a community unit school
15district maintaining grades K through 12 may issue bonds up to
16an amount, including indebtedness, not exceeding 27% of the
17equalized assessed value of the taxable property in the
18district if all of the following conditions are met:
19        (i) The school district has an equalized assessed
20    valuation for calendar year 2001 of at least $295,741,187
21    and a best 3 months' average daily attendance for the
22    2002-2003 school year of at least 2,394.
23        (ii) The bonds are issued to build and equip 3
24    elementary school buildings; build and equip one middle
25    school building; and alter, repair, improve, and equip all
26    existing school buildings in the district.

 

 

10000SB1290ham002- 25 -LRB100 09653 MLM 27364 a

1        (iii) At the time of the sale of the bonds, the board
2    of education determines by resolution that the project is
3    needed because of expanding growth in the school district
4    and a projected enrollment increase.
5        (iv) The bonds are issued pursuant to Sections 19-2
6    through 19-7 of this Code.
7    (p-5) Notwithstanding any other provisions of this Section
8or the provisions of any other law, bonds issued by a community
9unit school district maintaining grades K through 12 shall not
10be considered indebtedness for purposes of any statutory
11limitation and may be issued in an amount or amounts, including
12existing indebtedness, in excess of any heretofore or hereafter
13imposed statutory limitation as to indebtedness, if all of the
14following conditions are met:
15        (i) For each of the 4 most recent years, residential
16    property comprises more than 80% of the equalized assessed
17    valuation of the district.
18        (ii) At least 2 school buildings that were constructed
19    40 or more years prior to the issuance of the bonds will be
20    demolished and will be replaced by new buildings or
21    additions to one or more existing buildings.
22        (iii) Voters of the district approve a proposition for
23    the issuance of the bonds at a regularly scheduled
24    election.
25        (iv) At the time of the sale of the bonds, the school
26    board determines by resolution that the new buildings or

 

 

10000SB1290ham002- 26 -LRB100 09653 MLM 27364 a

1    building additions are needed because of an increase in
2    enrollment projected by the school board.
3        (v) The principal amount of the bonds, including
4    existing indebtedness, does not exceed 25% of the equalized
5    assessed value of the taxable property in the district.
6        (vi) The bonds are issued prior to January 1, 2007,
7    pursuant to Sections 19-2 through 19-7 of this Code.
8    (p-10) Notwithstanding any other provisions of this
9Section or the provisions of any other law, bonds issued by a
10community consolidated school district maintaining grades K
11through 8 shall not be considered indebtedness for purposes of
12any statutory limitation and may be issued in an amount or
13amounts, including existing indebtedness, in excess of any
14heretofore or hereafter imposed statutory limitation as to
15indebtedness, if all of the following conditions are met:
16        (i) For each of the 4 most recent years, residential
17    and farm property comprises more than 80% of the equalized
18    assessed valuation of the district.
19        (ii) The bond proceeds are to be used to acquire and
20    improve school sites and build and equip a school building.
21        (iii) Voters of the district approve a proposition for
22    the issuance of the bonds at a regularly scheduled
23    election.
24        (iv) At the time of the sale of the bonds, the school
25    board determines by resolution that the school sites and
26    building additions are needed because of an increase in

 

 

10000SB1290ham002- 27 -LRB100 09653 MLM 27364 a

1    enrollment projected by the school board.
2        (v) The principal amount of the bonds, including
3    existing indebtedness, does not exceed 20% of the equalized
4    assessed value of the taxable property in the district.
5        (vi) The bonds are issued prior to January 1, 2007,
6    pursuant to Sections 19-2 through 19-7 of this Code.
7    (p-15) In addition to all other authority to issue bonds,
8the Oswego Community Unit School District Number 308 may issue
9bonds with an aggregate principal amount not to exceed
10$450,000,000, but only if all of the following conditions are
11met:
12        (i) The voters of the district have approved a
13    proposition for the bond issue at the general election held
14    on November 7, 2006.
15        (ii) At the time of the sale of the bonds, the school
16    board determines, by resolution, that: (A) the building and
17    equipping of the new high school building, new junior high
18    school buildings, new elementary school buildings, early
19    childhood building, maintenance building, transportation
20    facility, and additions to existing school buildings, the
21    altering, repairing, equipping, and provision of
22    technology improvements to existing school buildings, and
23    the acquisition and improvement of school sites, as the
24    case may be, are required as a result of a projected
25    increase in the enrollment of students in the district; and
26    (B) the sale of bonds for these purposes is authorized by

 

 

10000SB1290ham002- 28 -LRB100 09653 MLM 27364 a

1    legislation that exempts the debt incurred on the bonds
2    from the district's statutory debt limitation.
3        (iii) The bonds are issued, in one or more bond issues,
4    on or before November 7, 2011, but the aggregate principal
5    amount issued in all such bond issues combined must not
6    exceed $450,000,000.
7        (iv) The bonds are issued in accordance with this
8    Article 19.
9        (v) The proceeds of the bonds are used only to
10    accomplish those projects approved by the voters at the
11    general election held on November 7, 2006.
12The debt incurred on any bonds issued under this subsection
13(p-15) shall not be considered indebtedness for purposes of any
14statutory debt limitation.
15    (p-20) In addition to all other authority to issue bonds,
16the Lincoln-Way Community High School District Number 210 may
17issue bonds with an aggregate principal amount not to exceed
18$225,000,000, but only if all of the following conditions are
19met:
20        (i) The voters of the district have approved a
21    proposition for the bond issue at the general primary
22    election held on March 21, 2006.
23        (ii) At the time of the sale of the bonds, the school
24    board determines, by resolution, that: (A) the building and
25    equipping of the new high school buildings, the altering,
26    repairing, and equipping of existing school buildings, and

 

 

10000SB1290ham002- 29 -LRB100 09653 MLM 27364 a

1    the improvement of school sites, as the case may be, are
2    required as a result of a projected increase in the
3    enrollment of students in the district; and (B) the sale of
4    bonds for these purposes is authorized by legislation that
5    exempts the debt incurred on the bonds from the district's
6    statutory debt limitation.
7        (iii) The bonds are issued, in one or more bond issues,
8    on or before March 21, 2011, but the aggregate principal
9    amount issued in all such bond issues combined must not
10    exceed $225,000,000.
11        (iv) The bonds are issued in accordance with this
12    Article 19.
13        (v) The proceeds of the bonds are used only to
14    accomplish those projects approved by the voters at the
15    primary election held on March 21, 2006.
16The debt incurred on any bonds issued under this subsection
17(p-20) shall not be considered indebtedness for purposes of any
18statutory debt limitation.
19    (p-25) In addition to all other authority to issue bonds,
20Rochester Community Unit School District 3A may issue bonds
21with an aggregate principal amount not to exceed $18,500,000,
22but only if all of the following conditions are met:
23        (i) The voters of the district approve a proposition
24    for the bond issuance at the general primary election held
25    in 2008.
26        (ii) At the time of the sale of the bonds, the school

 

 

10000SB1290ham002- 30 -LRB100 09653 MLM 27364 a

1    board determines, by resolution, that: (A) the building and
2    equipping of a new high school building; the addition of
3    classrooms and support facilities at the high school,
4    middle school, and elementary school; the altering,
5    repairing, and equipping of existing school buildings; and
6    the improvement of school sites, as the case may be, are
7    required as a result of a projected increase in the
8    enrollment of students in the district; and (B) the sale of
9    bonds for these purposes is authorized by a law that
10    exempts the debt incurred on the bonds from the district's
11    statutory debt limitation.
12        (iii) The bonds are issued, in one or more bond issues,
13    on or before December 31, 2012, but the aggregate principal
14    amount issued in all such bond issues combined must not
15    exceed $18,500,000.
16        (iv) The bonds are issued in accordance with this
17    Article 19.
18        (v) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at the primary
20    election held in 2008.
21The debt incurred on any bonds issued under this subsection
22(p-25) shall not be considered indebtedness for purposes of any
23statutory debt limitation.
24    (p-30) In addition to all other authority to issue bonds,
25Prairie Grove Consolidated School District 46 may issue bonds
26with an aggregate principal amount not to exceed $30,000,000,

 

 

10000SB1290ham002- 31 -LRB100 09653 MLM 27364 a

1but only if all of the following conditions are met:
2        (i) The voters of the district approve a proposition
3    for the bond issuance at an election held in 2008.
4        (ii) At the time of the sale of the bonds, the school
5    board determines, by resolution, that (A) the building and
6    equipping of a new school building and additions to
7    existing school buildings are required as a result of a
8    projected increase in the enrollment of students in the
9    district and (B) the altering, repairing, and equipping of
10    existing school buildings are required because of the age
11    of the existing school buildings.
12        (iii) The bonds are issued, in one or more bond
13    issuances, on or before December 31, 2012; however, the
14    aggregate principal amount issued in all such bond
15    issuances combined must not exceed $30,000,000.
16        (iv) The bonds are issued in accordance with this
17    Article.
18        (v) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at an election
20    held in 2008.
21The debt incurred on any bonds issued under this subsection
22(p-30) shall not be considered indebtedness for purposes of any
23statutory debt limitation.
24    (p-35) In addition to all other authority to issue bonds,
25Prairie Hill Community Consolidated School District 133 may
26issue bonds with an aggregate principal amount not to exceed

 

 

10000SB1290ham002- 32 -LRB100 09653 MLM 27364 a

1$13,900,000, but only if all of the following conditions are
2met:
3        (i) The voters of the district approved a proposition
4    for the bond issuance at an election held on April 17,
5    2007.
6        (ii) At the time of the sale of the bonds, the school
7    board determines, by resolution, that (A) the improvement
8    of the site of and the building and equipping of a school
9    building are required as a result of a projected increase
10    in the enrollment of students in the district and (B) the
11    repairing and equipping of the Prairie Hill Elementary
12    School building is required because of the age of that
13    school building.
14        (iii) The bonds are issued, in one or more bond
15    issuances, on or before December 31, 2011, but the
16    aggregate principal amount issued in all such bond
17    issuances combined must not exceed $13,900,000.
18        (iv) The bonds are issued in accordance with this
19    Article.
20        (v) The proceeds of the bonds are used to accomplish
21    only those projects approved by the voters at an election
22    held on April 17, 2007.
23The debt incurred on any bonds issued under this subsection
24(p-35) shall not be considered indebtedness for purposes of any
25statutory debt limitation.
26    (p-40) In addition to all other authority to issue bonds,

 

 

10000SB1290ham002- 33 -LRB100 09653 MLM 27364 a

1Mascoutah Community Unit District 19 may issue bonds with an
2aggregate principal amount not to exceed $55,000,000, but only
3if all of the following conditions are met:
4        (1) The voters of the district approve a proposition
5    for the bond issuance at a regular election held on or
6    after November 4, 2008.
7        (2) At the time of the sale of the bonds, the school
8    board determines, by resolution, that (i) the building and
9    equipping of a new high school building is required as a
10    result of a projected increase in the enrollment of
11    students in the district and the age and condition of the
12    existing high school building, (ii) the existing high
13    school building will be demolished, and (iii) the sale of
14    bonds is authorized by statute that exempts the debt
15    incurred on the bonds from the district's statutory debt
16    limitation.
17        (3) The bonds are issued, in one or more bond
18    issuances, on or before December 31, 2011, but the
19    aggregate principal amount issued in all such bond
20    issuances combined must not exceed $55,000,000.
21        (4) The bonds are issued in accordance with this
22    Article.
23        (5) The proceeds of the bonds are used to accomplish
24    only those projects approved by the voters at a regular
25    election held on or after November 4, 2008.
26    The debt incurred on any bonds issued under this subsection

 

 

10000SB1290ham002- 34 -LRB100 09653 MLM 27364 a

1(p-40) shall not be considered indebtedness for purposes of any
2statutory debt limitation.
3    (p-45) Notwithstanding the provisions of subsection (a) of
4this Section or of any other law, bonds issued pursuant to
5Section 19-3.5 of this Code shall not be considered
6indebtedness for purposes of any statutory limitation if the
7bonds are issued in an amount or amounts, including existing
8indebtedness of the school district, not in excess of 18.5% of
9the value of the taxable property in the district to be
10ascertained by the last assessment for State and county taxes.
11    (p-50) Notwithstanding the provisions of subsection (a) of
12this Section or of any other law, bonds issued pursuant to
13Section 19-3.10 of this Code shall not be considered
14indebtedness for purposes of any statutory limitation if the
15bonds are issued in an amount or amounts, including existing
16indebtedness of the school district, not in excess of 43% of
17the value of the taxable property in the district to be
18ascertained by the last assessment for State and county taxes.
19    (p-55) In addition to all other authority to issue bonds,
20Belle Valley School District 119 may issue bonds with an
21aggregate principal amount not to exceed $47,500,000, but only
22if all of the following conditions are met:
23        (1) The voters of the district approve a proposition
24    for the bond issuance at an election held on or after April
25    7, 2009.
26        (2) Prior to the issuance of the bonds, the school

 

 

10000SB1290ham002- 35 -LRB100 09653 MLM 27364 a

1    board determines, by resolution, that (i) the building and
2    equipping of a new school building is required as a result
3    of mine subsidence in an existing school building and
4    because of the age and condition of another existing school
5    building and (ii) the issuance of bonds is authorized by
6    statute that exempts the debt incurred on the bonds from
7    the district's statutory debt limitation.
8        (3) The bonds are issued, in one or more bond
9    issuances, on or before March 31, 2014, but the aggregate
10    principal amount issued in all such bond issuances combined
11    must not exceed $47,500,000.
12        (4) The bonds are issued in accordance with this
13    Article.
14        (5) The proceeds of the bonds are used to accomplish
15    only those projects approved by the voters at an election
16    held on or after April 7, 2009.
17    The debt incurred on any bonds issued under this subsection
18(p-55) shall not be considered indebtedness for purposes of any
19statutory debt limitation. Bonds issued under this subsection
20(p-55) must mature within not to exceed 30 years from their
21date, notwithstanding any other law to the contrary.
22    (p-60) In addition to all other authority to issue bonds,
23Wilmington Community Unit School District Number 209-U may
24issue bonds with an aggregate principal amount not to exceed
25$2,285,000, but only if all of the following conditions are
26met:

 

 

10000SB1290ham002- 36 -LRB100 09653 MLM 27364 a

1        (1) The proceeds of the bonds are used to accomplish
2    only those projects approved by the voters at the general
3    primary election held on March 21, 2006.
4        (2) Prior to the issuance of the bonds, the school
5    board determines, by resolution, that (i) the projects
6    approved by the voters were and are required because of the
7    age and condition of the school district's prior and
8    existing school buildings and (ii) the issuance of the
9    bonds is authorized by legislation that exempts the debt
10    incurred on the bonds from the district's statutory debt
11    limitation.
12        (3) The bonds are issued in one or more bond issuances
13    on or before March 1, 2011, but the aggregate principal
14    amount issued in all those bond issuances combined must not
15    exceed $2,285,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18    The debt incurred on any bonds issued under this subsection
19(p-60) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-65) In addition to all other authority to issue bonds,
22West Washington County Community Unit School District 10 may
23issue bonds with an aggregate principal amount not to exceed
24$32,200,000 and maturing over a period not exceeding 25 years,
25but only if all of the following conditions are met:
26        (1) The voters of the district approve a proposition

 

 

10000SB1290ham002- 37 -LRB100 09653 MLM 27364 a

1    for the bond issuance at an election held on or after
2    February 2, 2010.
3        (2) Prior to the issuance of the bonds, the school
4    board determines, by resolution, that (A) all or a portion
5    of the existing Okawville Junior/Senior High School
6    Building will be demolished; (B) the building and equipping
7    of a new school building to be attached to and the
8    alteration, repair, and equipping of the remaining portion
9    of the Okawville Junior/Senior High School Building is
10    required because of the age and current condition of that
11    school building; and (C) the issuance of bonds is
12    authorized by a statute that exempts the debt incurred on
13    the bonds from the district's statutory debt limitation.
14        (3) The bonds are issued, in one or more bond
15    issuances, on or before March 31, 2014, but the aggregate
16    principal amount issued in all such bond issuances combined
17    must not exceed $32,200,000.
18        (4) The bonds are issued in accordance with this
19    Article.
20        (5) The proceeds of the bonds are used to accomplish
21    only those projects approved by the voters at an election
22    held on or after February 2, 2010.
23    The debt incurred on any bonds issued under this subsection
24(p-65) shall not be considered indebtedness for purposes of any
25statutory debt limitation.
26    (p-70) In addition to all other authority to issue bonds,

 

 

10000SB1290ham002- 38 -LRB100 09653 MLM 27364 a

1Cahokia Community Unit School District 187 may issue bonds with
2an aggregate principal amount not to exceed $50,000,000, but
3only if all the following conditions are met:
4        (1) The voters of the district approve a proposition
5    for the bond issuance at an election held on or after
6    November 2, 2010.
7        (2) Prior to the issuance of the bonds, the school
8    board determines, by resolution, that (i) the building and
9    equipping of a new school building is required as a result
10    of the age and condition of an existing school building and
11    (ii) the issuance of bonds is authorized by a statute that
12    exempts the debt incurred on the bonds from the district's
13    statutory debt limitation.
14        (3) The bonds are issued, in one or more issuances, on
15    or before July 1, 2016, but the aggregate principal amount
16    issued in all such bond issuances combined must not exceed
17    $50,000,000.
18        (4) The bonds are issued in accordance with this
19    Article.
20        (5) The proceeds of the bonds are used to accomplish
21    only those projects approved by the voters at an election
22    held on or after November 2, 2010.
23    The debt incurred on any bonds issued under this subsection
24(p-70) shall not be considered indebtedness for purposes of any
25statutory debt limitation. Bonds issued under this subsection
26(p-70) must mature within not to exceed 25 years from their

 

 

10000SB1290ham002- 39 -LRB100 09653 MLM 27364 a

1date, notwithstanding any other law, including Section 19-3 of
2this Code, to the contrary.
3    (p-75) Notwithstanding the debt limitation prescribed in
4subsection (a) of this Section or any other provisions of this
5Section or of any other law, the execution of leases on or
6after January 1, 2007 and before July 1, 2011 by the Board of
7Education of Peoria School District 150 with a public building
8commission for leases entered into pursuant to the Public
9Building Commission Act shall not be considered indebtedness
10for purposes of any statutory debt limitation.
11    This subsection (p-75) applies only if the State Board of
12Education or the Capital Development Board makes one or more
13grants to Peoria School District 150 pursuant to the School
14Construction Law. The amount exempted from the debt limitation
15as prescribed in this subsection (p-75) shall be no greater
16than the amount of one or more grants awarded to Peoria School
17District 150 by the State Board of Education or the Capital
18Development Board.
19    (p-80) In addition to all other authority to issue bonds,
20Ridgeland School District 122 may issue bonds with an aggregate
21principal amount not to exceed $50,000,000 for the purpose of
22refunding or continuing to refund bonds originally issued
23pursuant to voter approval at the general election held on
24November 7, 2000, and the debt incurred on any bonds issued
25under this subsection (p-80) shall not be considered
26indebtedness for purposes of any statutory debt limitation.

 

 

10000SB1290ham002- 40 -LRB100 09653 MLM 27364 a

1Bonds issued under this subsection (p-80) may be issued in one
2or more issuances and must mature within not to exceed 25 years
3from their date, notwithstanding any other law, including
4Section 19-3 of this Code, to the contrary.
5    (p-85) In addition to all other authority to issue bonds,
6Hall High School District 502 may issue bonds with an aggregate
7principal amount not to exceed $32,000,000, but only if all the
8following conditions are met:
9        (1) The voters of the district approve a proposition
10    for the bond issuance at an election held on or after April
11    9, 2013.
12        (2) Prior to the issuance of the bonds, the school
13    board determines, by resolution, that (i) the building and
14    equipping of a new school building is required as a result
15    of the age and condition of an existing school building,
16    (ii) the existing school building should be demolished in
17    its entirety or the existing school building should be
18    demolished except for the 1914 west wing of the building,
19    and (iii) the issuance of bonds is authorized by a statute
20    that exempts the debt incurred on the bonds from the
21    district's statutory debt limitation.
22        (3) The bonds are issued, in one or more issuances, not
23    later than 5 years after the date of the referendum
24    approving the issuance of the bonds, but the aggregate
25    principal amount issued in all such bond issuances combined
26    must not exceed $32,000,000.

 

 

10000SB1290ham002- 41 -LRB100 09653 MLM 27364 a

1        (4) The bonds are issued in accordance with this
2    Article.
3        (5) The proceeds of the bonds are used to accomplish
4    only those projects approved by the voters at an election
5    held on or after April 9, 2013.
6    The debt incurred on any bonds issued under this subsection
7(p-85) shall not be considered indebtedness for purposes of any
8statutory debt limitation. Bonds issued under this subsection
9(p-85) must mature within not to exceed 30 years from their
10date, notwithstanding any other law, including Section 19-3 of
11this Code, to the contrary.
12    (p-90) In addition to all other authority to issue bonds,
13Lebanon Community Unit School District 9 may issue bonds with
14an aggregate principal amount not to exceed $7,500,000, but
15only if all of the following conditions are met:
16        (1) The voters of the district approved a proposition
17    for the bond issuance at the general primary election on
18    February 2, 2010.
19        (2) At or prior to the time of the sale of the bonds,
20    the school board determines, by resolution, that (i) the
21    building and equipping of a new elementary school building
22    is required as a result of a projected increase in the
23    enrollment of students in the district and the age and
24    condition of the existing Lebanon Elementary School
25    building, (ii) a portion of the existing Lebanon Elementary
26    School building will be demolished and the remaining

 

 

10000SB1290ham002- 42 -LRB100 09653 MLM 27364 a

1    portion will be altered, repaired, and equipped, and (iii)
2    the sale of bonds is authorized by a statute that exempts
3    the debt incurred on the bonds from the district's
4    statutory debt limitation.
5        (3) The bonds are issued, in one or more bond
6    issuances, on or before April 1, 2014, but the aggregate
7    principal amount issued in all such bond issuances combined
8    must not exceed $7,500,000.
9        (4) The bonds are issued in accordance with this
10    Article.
11        (5) The proceeds of the bonds are used to accomplish
12    only those projects approved by the voters at the general
13    primary election held on February 2, 2010.
14    The debt incurred on any bonds issued under this subsection
15(p-90) shall not be considered indebtedness for purposes of any
16statutory debt limitation.
17    (p-95) In addition to all other authority to issue bonds,
18Monticello Community Unit School District 25 may issue bonds
19with an aggregate principal amount not to exceed $35,000,000,
20but only if all of the following conditions are met:
21        (1) The voters of the district approve a proposition
22    for the bond issuance at an election held on or after
23    November 4, 2014.
24        (2) Prior to the issuance of the bonds, the school
25    board determines, by resolution, that (i) the building and
26    equipping of a new school building is required as a result

 

 

10000SB1290ham002- 43 -LRB100 09653 MLM 27364 a

1    of the age and condition of an existing school building and
2    (ii) the issuance of bonds is authorized by a statute that
3    exempts the debt incurred on the bonds from the district's
4    statutory debt limitation.
5        (3) The bonds are issued, in one or more issuances, on
6    or before July 1, 2020, but the aggregate principal amount
7    issued in all such bond issuances combined must not exceed
8    $35,000,000.
9        (4) The bonds are issued in accordance with this
10    Article.
11        (5) The proceeds of the bonds are used to accomplish
12    only those projects approved by the voters at an election
13    held on or after November 4, 2014.
14    The debt incurred on any bonds issued under this subsection
15(p-95) shall not be considered indebtedness for purposes of any
16statutory debt limitation. Bonds issued under this subsection
17(p-95) must mature within not to exceed 25 years from their
18date, notwithstanding any other law, including Section 19-3 of
19this Code, to the contrary.
20    (p-100) In addition to all other authority to issue bonds,
21the community unit school district created in the territory
22comprising Milford Community Consolidated School District 280
23and Milford Township High School District 233, as approved at
24the general primary election held on March 18, 2014, may issue
25bonds with an aggregate principal amount not to exceed
26$17,500,000, but only if all the following conditions are met:

 

 

10000SB1290ham002- 44 -LRB100 09653 MLM 27364 a

1        (1) The voters of the district approve a proposition
2    for the bond issuance at an election held on or after
3    November 4, 2014.
4        (2) Prior to the issuance of the bonds, the school
5    board determines, by resolution, that (i) the building and
6    equipping of a new school building is required as a result
7    of the age and condition of an existing school building and
8    (ii) the issuance of bonds is authorized by a statute that
9    exempts the debt incurred on the bonds from the district's
10    statutory debt limitation.
11        (3) The bonds are issued, in one or more issuances, on
12    or before July 1, 2020, but the aggregate principal amount
13    issued in all such bond issuances combined must not exceed
14    $17,500,000.
15        (4) The bonds are issued in accordance with this
16    Article.
17        (5) The proceeds of the bonds are used to accomplish
18    only those projects approved by the voters at an election
19    held on or after November 4, 2014.
20    The debt incurred on any bonds issued under this subsection
21(p-100) shall not be considered indebtedness for purposes of
22any statutory debt limitation. Bonds issued under this
23subsection (p-100) must mature within not to exceed 25 years
24from their date, notwithstanding any other law, including
25Section 19-3 of this Code, to the contrary.
26    (p-105) In addition to all other authority to issue bonds,

 

 

10000SB1290ham002- 45 -LRB100 09653 MLM 27364 a

1North Shore School District 112 may issue bonds with an
2aggregate principal amount not to exceed $150,000,000, but only
3if all of the following conditions are met:
4        (1) The voters of the district approve a proposition
5    for the bond issuance at an election held on or after March
6    15, 2016.
7        (2) Prior to the issuance of the bonds, the school
8    board determines, by resolution, that (i) the building and
9    equipping of new buildings and improving the sites thereof
10    and the building and equipping of additions to, altering,
11    repairing, equipping, and renovating existing buildings
12    and improving the sites thereof are required as a result of
13    the age and condition of the district's existing buildings
14    and (ii) the issuance of bonds is authorized by a statute
15    that exempts the debt incurred on the bonds from the
16    district's statutory debt limitation.
17        (3) The bonds are issued, in one or more issuances, not
18    later than 5 years after the date of the referendum
19    approving the issuance of the bonds, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $150,000,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at an election
26    held on or after March 15, 2016.

 

 

10000SB1290ham002- 46 -LRB100 09653 MLM 27364 a

1    The debt incurred on any bonds issued under this subsection
2(p-105) and on any bonds issued to refund or continue to refund
3such bonds shall not be considered indebtedness for purposes of
4any statutory debt limitation. Bonds issued under this
5subsection (p-105) and any bonds issued to refund or continue
6to refund such bonds must mature within not to exceed 30 years
7from their date, notwithstanding any other law, including
8Section 19-3 of this Code, to the contrary.
9    (p-110) In addition to all other authority to issue bonds,
10Sandoval Community Unit School District 501 may issue bonds
11with an aggregate principal amount not to exceed $2,000,000,
12but only if all of the following conditions are met:
13        (1) The voters of the district approved a proposition
14    for the bond issuance at an election held on March 20,
15    2012.
16        (2) Prior to the issuance of the bonds, the school
17    board determines, by resolution, that (i) the building and
18    equipping of a new school building is required because of
19    the age and current condition of the Sandoval Elementary
20    School building and (ii) the issuance of bonds is
21    authorized by a statute that exempts the debt incurred on
22    the bonds from the district's statutory debt limitation.
23        (3) The bonds are issued, in one or more bond
24    issuances, on or before March 19, 2022, but the aggregate
25    principal amount issued in all such bond issuances combined
26    must not exceed $2,000,000.

 

 

10000SB1290ham002- 47 -LRB100 09653 MLM 27364 a

1        (4) The bonds are issued in accordance with this
2    Article.
3        (5) The proceeds of the bonds are used to accomplish
4    only those projects approved by the voters at the election
5    held on March 20, 2012.
6    The debt incurred on any bonds issued under this subsection
7(p-110) and on any bonds issued to refund or continue to refund
8the bonds shall not be considered indebtedness for purposes of
9any statutory debt limitation.
10    (p-115) In addition to all other authority to issue bonds,
11Bureau Valley Community Unit School District 340 may issue
12bonds with an aggregate principal amount not to exceed
13$25,000,000, but only if all of the following conditions are
14met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at an election held on or after March
17    15, 2016.
18        (2) Prior to the issuances of the bonds, the school
19    board determines, by resolution, that (i) the renovating
20    and equipping of some existing school buildings, the
21    building and equipping of new school buildings, and the
22    demolishing of some existing school buildings are required
23    as a result of the age and condition of existing school
24    buildings and (ii) the issuance of bonds is authorized by a
25    statute that exempts the debt incurred on the bonds from
26    the district's statutory debt limitation.

 

 

10000SB1290ham002- 48 -LRB100 09653 MLM 27364 a

1        (3) The bonds are issued, in one or more issuances, on
2    or before July 1, 2021, but the aggregate principal amount
3    issued in all such bond issuances combined must not exceed
4    $25,000,000.
5        (4) The bonds are issued in accordance with this
6    Article.
7        (5) The proceeds of the bonds are used to accomplish
8    only those projects approved by the voters at an election
9    held on or after March 15, 2016.
10    The debt incurred on any bonds issued under this subsection
11(p-115) shall not be considered indebtedness for purposes of
12any statutory debt limitation. Bonds issued under this
13subsection (p-115) must mature within not to exceed 30 years
14from their date, notwithstanding any other law, including
15Section 19-3 of this Code, to the contrary.
16    (p-120) In addition to all other authority to issue bonds,
17Paxton-Buckley-Loda Community Unit School District 10 may
18issue bonds with an aggregate principal amount not to exceed
19$28,500,000, but only if all the following conditions are met:
20        (1) The voters of the district approve a proposition
21    for the bond issuance at an election held on or after
22    November 8, 2016.
23        (2) Prior to the issuance of the bonds, the school
24    board determines, by resolution, that (i) the projects as
25    described in said proposition, relating to the building and
26    equipping of one or more school buildings or additions to

 

 

10000SB1290ham002- 49 -LRB100 09653 MLM 27364 a

1    existing school buildings, are required as a result of the
2    age and condition of the District's existing buildings and
3    (ii) the issuance of bonds is authorized by a statute that
4    exempts the debt incurred on the bonds from the district's
5    statutory debt limitation.
6        (3) The bonds are issued, in one or more issuances, not
7    later than 5 years after the date of the referendum
8    approving the issuance of the bonds, but the aggregate
9    principal amount issued in all such bond issuances combined
10    must not exceed $28,500,000.
11        (4) The bonds are issued in accordance with this
12    Article.
13        (5) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at an election
15    held on or after November 8, 2016.
16    The debt incurred on any bonds issued under this subsection
17(p-120) and on any bonds issued to refund or continue to refund
18such bonds shall not be considered indebtedness for purposes of
19any statutory debt limitation. Bonds issued under this
20subsection (p-120) and any bonds issued to refund or continue
21to refund such bonds must mature within not to exceed 25 years
22from their date, notwithstanding any other law, including
23Section 19-3 of this Code, to the contrary.
24    (p-125) In addition to all other authority to issue bonds,
25Hillsboro Community Unit School District 3 may issue bonds with
26an aggregate principal amount not to exceed $34,500,000, but

 

 

10000SB1290ham002- 50 -LRB100 09653 MLM 27364 a

1only if all the following conditions are met:
2        (1) The voters of the district approve a proposition
3    for the bond issuance at an election held on or after March
4    15, 2016.
5        (2) Prior to the issuance of the bonds, the school
6    board determines, by resolution, that (i) altering,
7    repairing, and equipping the high school
8    agricultural/vocational building, demolishing the high
9    school main, cafeteria, and gym buildings, building and
10    equipping a school building, and improving sites are
11    required as a result of the age and condition of the
12    district's existing buildings and (ii) the issuance of
13    bonds is authorized by a statute that exempts the debt
14    incurred on the bonds from the district's statutory debt
15    limitation.
16        (3) The bonds are issued, in one or more issuances, not
17    later than 5 years after the date of the referendum
18    approving the issuance of the bonds, but the aggregate
19    principal amount issued in all such bond issuances combined
20    must not exceed $34,500,000.
21        (4) The bonds are issued in accordance with this
22    Article.
23        (5) The proceeds of the bonds are used to accomplish
24    only those projects approved by the voters at an election
25    held on or after March 15, 2016.
26    The debt incurred on any bonds issued under this subsection

 

 

10000SB1290ham002- 51 -LRB100 09653 MLM 27364 a

1(p-125) and on any bonds issued to refund or continue to refund
2such bonds shall not be considered indebtedness for purposes of
3any statutory debt limitation. Bonds issued under this
4subsection (p-125) and any bonds issued to refund or continue
5to refund such bonds must mature within not to exceed 25 years
6from their date, notwithstanding any other law, including
7Section 19-3 of this Code, to the contrary.
8    (p-130) In addition to all other authority to issue bonds,
9Waltham Community Consolidated School District 185 may incur
10indebtedness in an aggregate principal amount not to exceed
11$9,500,000 to build and equip a new school building and improve
12the site thereof, but only if all the following conditions are
13met:
14        (1) A majority of the voters of the district voting on
15    an advisory question voted in favor of the question
16    regarding the use of funding sources to build a new school
17    building without increasing property tax rates at the
18    general election held on November 8, 2016.
19        (2) Prior to incurring the debt, the school board
20    enters into intergovernmental agreements with the City of
21    LaSalle to pledge moneys in a special tax allocation fund
22    associated with tax increment financing districts LaSalle
23    I and LaSalle III and with the Village of Utica to pledge
24    moneys in a special tax allocation fund associated with tax
25    increment financing district Utica I for the purposes of
26    repaying the debt issued pursuant to this subsection

 

 

10000SB1290ham002- 52 -LRB100 09653 MLM 27364 a

1    (p-130). Notwithstanding any other provision of law to the
2    contrary, the intergovernmental agreement may extend these
3    tax increment financing districts as necessary to ensure
4    repayment of the debt.
5        (3) Prior to incurring the debt, the school board
6    determines, by resolution, that (i) the building and
7    equipping of a new school building is required as a result
8    of the age and condition of the district's existing
9    buildings and (ii) the debt is authorized by a statute that
10    exempts the debt from the district's statutory debt
11    limitation.
12        (4) The debt is incurred, in one or more issuances, not
13    later than January 1, 2021, and the aggregate principal
14    amount of debt issued in all such issuances combined must
15    not exceed $9,500,000.
16    The debt incurred under this subsection (p-130) and on any
17bonds issued to pay, refund, or continue to refund such debt
18shall not be considered indebtedness for purposes of any
19statutory debt limitation. Debt issued under this subsection
20(p-130) and any bonds issued to pay, refund, or continue to
21refund such debt must mature within not to exceed 25 years from
22their date, notwithstanding any other law, including Section
2319-11 of this Code and subsection (b) of Section 17 of the
24Local Government Debt Reform Act, to the contrary.
25    (q) A school district must notify the State Board of
26Education prior to issuing any form of long-term or short-term

 

 

10000SB1290ham002- 53 -LRB100 09653 MLM 27364 a

1debt that will result in outstanding debt that exceeds 75% of
2the debt limit specified in this Section or any other provision
3of law.
4(Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;
598-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.
67-27-15; 99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735,
7eff. 8-5-16; 99-926, eff. 1-20-17.)
 
8    (105 ILCS 5/19-11)  (from Ch. 122, par. 19-11)
9    Sec. 19-11. Amount of indebtedness - Interest and maturity.
10Any district which has complied with Section 19-9 and which is
11authorized to issue bonds under Sections 19-8, 19-9 and 19-10
12shall adopt a resolution specifying the amount of indebtedness
13to be funded, whether for the purpose of paying claims, or for
14paying teachers' orders, or for paying liabilities or
15obligations imposed on any district resulting from the division
16of assets as provided by Article 7 of this Act or Article 5 of
17this Act as it existed prior to July 1, 1952. The resolution
18shall set forth the date, denomination, rate of interest and
19maturities of the bonds, fix all details with respect to the
20issue and execution thereof, and provide for the levy of a tax
21sufficient to pay both principal and interest of the bonds as
22they mature. The bonds shall bear interest at a rate not to
23exceed the maximum rate authorized by the Bond Authorization
24Act, as amended at the time of the making of the contract,
25payable annually or semi-annually, as the governing body may

 

 

10000SB1290ham002- 54 -LRB100 09653 MLM 27364 a

1determine, and mature in not more than 20 years from the date
2thereof or as otherwise authorized by law.
3    With respect to instruments for the payment of money issued
4under this Section either before, on, or after the effective
5date of this amendatory Act of 1989, it is and always has been
6the intention of the General Assembly (i) that the Omnibus Bond
7Acts are and always have been supplementary grants of power to
8issue instruments in accordance with the Omnibus Bond Acts,
9regardless of any provision of this Act that may appear to be
10or to have been more restrictive than those Acts, (ii) that the
11provisions of this Section are not a limitation on the
12supplementary authority granted by the Omnibus Bond Acts, and
13(iii) that instruments issued under this Section within the
14supplementary authority granted by the Omnibus Bond Acts are
15not invalid because of any provision of this Act that may
16appear to be or to have been more restrictive than those Acts.
17(Source: P.A. 86-4.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".