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Full Text of HB0773  100th General Assembly

HB0773 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0773

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/17-2.11  from Ch. 122, par. 17-2.11
105 ILCS 5/17-2A  from Ch. 122, par. 17-2A

    Amends the School Code. Provides that authority granted to school boards to transfer certain funds, extended by Public Act 99-713, ends after the effective date of the amendatory Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0773LRB100 08545 MLM 18670 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
517-2.11 and 17-2A as follows:
 
6    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
7    Sec. 17-2.11. School board power to levy a tax or to borrow
8money and issue bonds for fire prevention, safety, energy
9conservation, accessibility, school security, and specified
10repair purposes.
11    (a) Whenever, as a result of any lawful order of any
12agency, other than a school board, having authority to enforce
13any school building code applicable to any facility that houses
14students, or any law or regulation for the protection and
15safety of the environment, pursuant to the Environmental
16Protection Act, any school district having a population of less
17than 500,000 inhabitants is required to alter or reconstruct
18any school building or permanent, fixed equipment; the district
19may, by proper resolution, levy a tax for the purpose of making
20such alteration or reconstruction, based on a survey report by
21an architect or engineer licensed in this State, upon all of
22the taxable property of the district at the value as assessed
23by the Department of Revenue and at a rate not to exceed 0.05%

 

 

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1per year for a period sufficient to finance such alteration or
2reconstruction, upon the following conditions:
3        (1) When there are not sufficient funds available in
4    the operations and maintenance fund of the school district,
5    the school facility occupation tax fund of the district, or
6    the fire prevention and safety fund of the district, as
7    determined by the district on the basis of rules adopted by
8    the State Board of Education, to make such alteration or
9    reconstruction or to purchase and install such permanent,
10    fixed equipment so ordered or determined as necessary.
11    Appropriate school district records must be made available
12    to the State Superintendent of Education, upon request, to
13    confirm this insufficiency.
14        (2) When a certified estimate of an architect or
15    engineer licensed in this State stating the estimated
16    amount necessary to make the alteration or reconstruction
17    or to purchase and install the equipment so ordered has
18    been secured by the school district, and the estimate has
19    been approved by the regional superintendent of schools
20    having jurisdiction over the district and the State
21    Superintendent of Education. Approval must not be granted
22    for any work that has already started without the prior
23    express authorization of the State Superintendent of
24    Education. If the estimate is not approved or is denied
25    approval by the regional superintendent of schools within 3
26    months after the date on which it is submitted to him or

 

 

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1    her, the school board of the district may submit the
2    estimate directly to the State Superintendent of Education
3    for approval or denial.
4    In the case of an emergency situation, where the estimated
5cost to effectuate emergency repairs is less than the amount
6specified in Section 10-20.21 of this Code, the school district
7may proceed with such repairs prior to approval by the State
8Superintendent of Education, but shall comply with the
9provisions of subdivision (2) of this subsection (a) as soon
10thereafter as may be as well as Section 10-20.21 of this Code.
11If the estimated cost to effectuate emergency repairs is
12greater than the amount specified in Section 10-20.21 of this
13Code, then the school district shall proceed in conformity with
14Section 10-20.21 of this Code and with rules established by the
15State Board of Education to address such situations. The rules
16adopted by the State Board of Education to deal with these
17situations shall stipulate that emergency situations must be
18expedited and given priority consideration. For purposes of
19this paragraph, an emergency is a situation that presents an
20imminent and continuing threat to the health and safety of
21students or other occupants of a facility, requires complete or
22partial evacuation of a building or part of a building, or
23consumes one or more of the 5 emergency days built into the
24adopted calendar of the school or schools or would otherwise be
25expected to cause such school or schools to fall short of the
26minimum school calendar requirements.

 

 

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1    (b) Whenever any such district determines that it is
2necessary for energy conservation purposes that any school
3building or permanent, fixed equipment should be altered or
4reconstructed and that such alterations or reconstruction will
5be made with funds not necessary for the completion of approved
6and recommended projects contained in any safety survey report
7or amendments thereto authorized by Section 2-3.12 of this Act;
8the district may levy a tax or issue bonds as provided in
9subsection (a) of this Section.
10    (c) Whenever any such district determines that it is
11necessary for accessibility purposes and to comply with the
12school building code that any school building or equipment
13should be altered or reconstructed and that such alterations or
14reconstruction will be made with funds not necessary for the
15completion of approved and recommended projects contained in
16any safety survey report or amendments thereto authorized under
17Section 2-3.12 of this Act, the district may levy a tax or
18issue bonds as provided in subsection (a) of this Section.
19    (d) Whenever any such district determines that it is
20necessary for school security purposes and the related
21protection and safety of pupils and school personnel that any
22school building or property should be altered or reconstructed
23or that security systems and equipment (including but not
24limited to intercom, early detection and warning, access
25control and television monitoring systems) should be purchased
26and installed, and that such alterations, reconstruction or

 

 

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1purchase and installation of equipment will be made with funds
2not necessary for the completion of approved and recommended
3projects contained in any safety survey report or amendment
4thereto authorized by Section 2-3.12 of this Act and will deter
5and prevent unauthorized entry or activities upon school
6property by unknown or dangerous persons, assure early
7detection and advance warning of any such actual or attempted
8unauthorized entry or activities and help assure the continued
9safety of pupils and school staff if any such unauthorized
10entry or activity is attempted or occurs; the district may levy
11a tax or issue bonds as provided in subsection (a) of this
12Section.
13    (e) If a school district does not need funds for other fire
14prevention and safety projects, including the completion of
15approved and recommended projects contained in any safety
16survey report or amendments thereto authorized by Section
172-3.12 of this Act, and it is determined after a public hearing
18(which is preceded by at least one published notice (i)
19occurring at least 7 days prior to the hearing in a newspaper
20of general circulation within the school district and (ii)
21setting forth the time, date, place, and general subject matter
22of the hearing) that there is a substantial, immediate, and
23otherwise unavoidable threat to the health, safety, or welfare
24of pupils due to disrepair of school sidewalks, playgrounds,
25parking lots, or school bus turnarounds and repairs must be
26made; then the district may levy a tax or issue bonds as

 

 

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1provided in subsection (a) of this Section.
2    (f) For purposes of this Section a school district may
3replace a school building or build additions to replace
4portions of a building when it is determined that the
5effectuation of the recommendations for the existing building
6will cost more than the replacement costs. Such determination
7shall be based on a comparison of estimated costs made by an
8architect or engineer licensed in the State of Illinois. The
9new building or addition shall be equivalent in area (square
10feet) and comparable in purpose and grades served and may be on
11the same site or another site. Such replacement may only be
12done upon order of the regional superintendent of schools and
13the approval of the State Superintendent of Education.
14    (g) The filing of a certified copy of the resolution
15levying the tax when accompanied by the certificates of the
16regional superintendent of schools and State Superintendent of
17Education shall be the authority of the county clerk to extend
18such tax.
19    (h) The county clerk of the county in which any school
20district levying a tax under the authority of this Section is
21located, in reducing raised levies, shall not consider any such
22tax as a part of the general levy for school purposes and shall
23not include the same in the limitation of any other tax rate
24which may be extended.
25    Such tax shall be levied and collected in like manner as
26all other taxes of school districts, subject to the provisions

 

 

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1contained in this Section.
2    (i) The tax rate limit specified in this Section may be
3increased to .10% upon the approval of a proposition to effect
4such increase by a majority of the electors voting on that
5proposition at a regular scheduled election. Such proposition
6may be initiated by resolution of the school board and shall be
7certified by the secretary to the proper election authorities
8for submission in accordance with the general election law.
9    (j) When taxes are levied by any school district for fire
10prevention, safety, energy conservation, and school security
11purposes as specified in this Section, and the purposes for
12which the taxes have been levied are accomplished and paid in
13full, and there remain funds on hand in the Fire Prevention and
14Safety Fund from the proceeds of the taxes levied, including
15interest earnings thereon, the school board by resolution shall
16use such excess and other board restricted funds, excluding
17bond proceeds and earnings from such proceeds, as follows:
18        (1) for other authorized fire prevention, safety,
19    energy conservation, required safety inspections, school
20    security purposes, sampling for lead in drinking water in
21    schools, and for repair and mitigation due to lead levels
22    in the drinking water supply; or
23        (2) for transfer to the Operations and Maintenance Fund
24    for the purpose of abating an equal amount of operations
25    and maintenance purposes taxes.
26Notwithstanding subdivision (2) of this subsection (j) and

 

 

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1subsection (k) of this Section, through the effective date of
2this amendatory Act of the 100th General Assembly June 30,
32019, the school board may, by proper resolution following a
4public hearing set by the school board or the president of the
5school board (that is preceded (i) by at least one published
6notice over the name of the clerk or secretary of the board,
7occurring at least 7 days and not more than 30 days prior to
8the hearing, in a newspaper of general circulation within the
9school district and (ii) by posted notice over the name of the
10clerk or secretary of the board, at least 48 hours before the
11hearing, at the principal office of the school board or at the
12building where the hearing is to be held if a principal office
13does not exist, with both notices setting forth the time, date,
14place, and subject matter of the hearing), transfer surplus
15life safety taxes and interest earnings thereon to the
16Operations and Maintenance Fund for building repair work.
17    (k) If any transfer is made to the Operation and
18Maintenance Fund, the secretary of the school board shall
19within 30 days notify the county clerk of the amount of that
20transfer and direct the clerk to abate the taxes to be extended
21for the purposes of operations and maintenance authorized under
22Section 17-2 of this Act by an amount equal to such transfer.
23    (l) If the proceeds from the tax levy authorized by this
24Section are insufficient to complete the work approved under
25this Section, the school board is authorized to sell bonds
26without referendum under the provisions of this Section in an

 

 

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1amount that, when added to the proceeds of the tax levy
2authorized by this Section, will allow completion of the
3approved work.
4    (m) Any bonds issued pursuant to this Section shall bear
5interest at a rate not to exceed the maximum rate authorized by
6law at the time of the making of the contract, shall mature
7within 20 years from date, and shall be signed by the president
8of the school board and the treasurer of the school district.
9    (n) In order to authorize and issue such bonds, the school
10board shall adopt a resolution fixing the amount of bonds, the
11date thereof, the maturities thereof, rates of interest
12thereof, place of payment and denomination, which shall be in
13denominations of not less than $100 and not more than $5,000,
14and provide for the levy and collection of a direct annual tax
15upon all the taxable property in the school district sufficient
16to pay the principal and interest on such bonds to maturity.
17Upon the filing in the office of the county clerk of the county
18in which the school district is located of a certified copy of
19the resolution, it is the duty of the county clerk to extend
20the tax therefor in addition to and in excess of all other
21taxes heretofore or hereafter authorized to be levied by such
22school district.
23    (o) After the time such bonds are issued as provided for by
24this Section, if additional alterations or reconstructions are
25required to be made because of surveys conducted by an
26architect or engineer licensed in the State of Illinois, the

 

 

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1district may levy a tax at a rate not to exceed .05% per year
2upon all the taxable property of the district or issue
3additional bonds, whichever action shall be the most feasible.
4    (p) This Section is cumulative and constitutes complete
5authority for the issuance of bonds as provided in this Section
6notwithstanding any other statute or law to the contrary.
7    (q) With respect to instruments for the payment of money
8issued under this Section either before, on, or after the
9effective date of Public Act 86-004 (June 6, 1989), it is, and
10always has been, the intention of the General Assembly (i) that
11the Omnibus Bond Acts are, and always have been, supplementary
12grants of power to issue instruments in accordance with the
13Omnibus Bond Acts, regardless of any provision of this Act that
14may appear to be or to have been more restrictive than those
15Acts, (ii) that the provisions of this Section are not a
16limitation on the supplementary authority granted by the
17Omnibus Bond Acts, and (iii) that instruments issued under this
18Section within the supplementary authority granted by the
19Omnibus Bond Acts are not invalid because of any provision of
20this Act that may appear to be or to have been more restrictive
21than those Acts.
22    (r) When the purposes for which the bonds are issued have
23been accomplished and paid for in full and there remain funds
24on hand from the proceeds of the bond sale and interest
25earnings therefrom, the board shall, by resolution, use such
26excess funds in accordance with the provisions of Section

 

 

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110-22.14 of this Act.
2    (s) Whenever any tax is levied or bonds issued for fire
3prevention, safety, energy conservation, and school security
4purposes, such proceeds shall be deposited and accounted for
5separately within the Fire Prevention and Safety Fund.
6(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14;
799-143, eff. 7-27-15; 99-713, eff. 8-5-16; 99-922, eff.
81-17-17.)
 
9    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
10    Sec. 17-2A. Interfund transfers.
11    (a) The school board of any district having a population of
12less than 500,000 inhabitants may, by proper resolution
13following a public hearing set by the school board or the
14president of the school board (that is preceded (i) by at least
15one published notice over the name of the clerk or secretary of
16the board, occurring at least 7 days and not more than 30 days
17prior to the hearing, in a newspaper of general circulation
18within the school district and (ii) by posted notice over the
19name of the clerk or secretary of the board, at least 48 hours
20before the hearing, at the principal office of the school board
21or at the building where the hearing is to be held if a
22principal office does not exist, with both notices setting
23forth the time, date, place, and subject matter of the
24hearing), transfer money from (1) the Educational Fund to the
25Operations and Maintenance Fund or the Transportation Fund, (2)

 

 

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1the Operations and Maintenance Fund to the Educational Fund or
2the Transportation Fund, (3) the Transportation Fund to the
3Educational Fund or the Operations and Maintenance Fund, or (4)
4the Tort Immunity Fund to the Operations and Maintenance Fund
5of said district, provided that, except during the period from
6July 1, 2003 through the effective date of this amendatory Act
7of the 100th General Assembly June 30, 2019, such transfer is
8made solely for the purpose of meeting one-time, non-recurring
9expenses. Except during the period from July 1, 2003 through
10the effective date of this amendatory Act of the 100th General
11Assembly June 30, 2019 and except as otherwise provided in
12subsection (b) of this Section, any other permanent interfund
13transfers authorized by any provision or judicial
14interpretation of this Code for which the transferee fund is
15not precisely and specifically set forth in the provision of
16this Code authorizing such transfer shall be made to the fund
17of the school district most in need of the funds being
18transferred, as determined by resolution of the school board.
19    (b) (Blank).
20(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
21eff. 8-5-16; 99-922, eff. 1-17-17.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.