Illinois General Assembly - Full Text of SB1290
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Full Text of SB1290  100th General Assembly

SB1290enr 100TH GENERAL ASSEMBLY

  
  
  

 


 
SB1290 EnrolledLRB100 09653 MLM 19822 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 Illinois Municipal Code is amended by
5changing Section 11-74.4-7 as follows:
 
6    (65 ILCS 5/11-74.4-7)  (from Ch. 24, par. 11-74.4-7)
7    Sec. 11-74.4-7. Obligations secured by the special tax
8allocation fund set forth in Section 11-74.4-8 for the
9redevelopment project area may be issued to provide for
10redevelopment project costs. Such obligations, when so issued,
11shall be retired in the manner provided in the ordinance
12authorizing the issuance of such obligations by the receipts of
13taxes levied as specified in Section 11-74.4-9 against the
14taxable property included in the area, by revenues as specified
15by Section 11-74.4-8a and other revenue designated by the
16municipality. A municipality may in the ordinance pledge all or
17any part of the funds in and to be deposited in the special tax
18allocation fund created pursuant to Section 11-74.4-8 to the
19payment of the redevelopment project costs and obligations. Any
20pledge of funds in the special tax allocation fund shall
21provide for distribution to the taxing districts and to the
22Illinois Department of Revenue of moneys not required, pledged,
23earmarked, or otherwise designated for payment and securing of

 

 

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1the obligations and anticipated redevelopment project costs
2and such excess funds shall be calculated annually and deemed
3to be "surplus" funds. In the event a municipality only applies
4or pledges a portion of the funds in the special tax allocation
5fund for the payment or securing of anticipated redevelopment
6project costs or of obligations, any such funds remaining in
7the special tax allocation fund after complying with the
8requirements of the application or pledge, shall also be
9calculated annually and deemed "surplus" funds. All surplus
10funds in the special tax allocation fund shall be distributed
11annually within 180 days after the close of the municipality's
12fiscal year by being paid by the municipal treasurer to the
13County Collector, to the Department of Revenue and to the
14municipality in direct proportion to the tax incremental
15revenue received as a result of an increase in the equalized
16assessed value of property in the redevelopment project area,
17tax incremental revenue received from the State and tax
18incremental revenue received from the municipality, but not to
19exceed as to each such source the total incremental revenue
20received from that source. The County Collector shall
21thereafter make distribution to the respective taxing
22districts in the same manner and proportion as the most recent
23distribution by the county collector to the affected districts
24of real property taxes from real property in the redevelopment
25project area.
26    Without limiting the foregoing in this Section, the

 

 

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1municipality may in addition to obligations secured by the
2special tax allocation fund pledge for a period not greater
3than the term of the obligations towards payment of such
4obligations any part or any combination of the following: (a)
5net revenues of all or part of any redevelopment project; (b)
6taxes levied and collected on any or all property in the
7municipality; (c) the full faith and credit of the
8municipality; (d) a mortgage on part or all of the
9redevelopment project; (d-5) repayment of bonds issued
10pursuant to subsection (p-130) of Section 19-1 of the School
11Code; or (e) any other taxes or anticipated receipts that the
12municipality may lawfully pledge.
13    Such obligations may be issued in one or more series
14bearing interest at such rate or rates as the corporate
15authorities of the municipality shall determine by ordinance.
16Such obligations shall bear such date or dates, mature at such
17time or times not exceeding 20 years from their respective
18dates, be in such denomination, carry such registration
19privileges, be executed in such manner, be payable in such
20medium of payment at such place or places, contain such
21covenants, terms and conditions, and be subject to redemption
22as such ordinance shall provide. Obligations issued pursuant to
23this Act may be sold at public or private sale at such price as
24shall be determined by the corporate authorities of the
25municipalities. No referendum approval of the electors shall be
26required as a condition to the issuance of obligations pursuant

 

 

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1to this Division except as provided in this Section.
2    In the event the municipality authorizes issuance of
3obligations pursuant to the authority of this Division secured
4by the full faith and credit of the municipality, which
5obligations are other than obligations which may be issued
6under home rule powers provided by Article VII, Section 6 of
7the Illinois Constitution, or pledges taxes pursuant to (b) or
8(c) of the second paragraph of this section, the ordinance
9authorizing the issuance of such obligations or pledging such
10taxes shall be published within 10 days after such ordinance
11has been passed in one or more newspapers, with general
12circulation within such municipality. The publication of the
13ordinance shall be accompanied by a notice of (1) the specific
14number of voters required to sign a petition requesting the
15question of the issuance of such obligations or pledging taxes
16to be submitted to the electors; (2) the time in which such
17petition must be filed; and (3) the date of the prospective
18referendum. The municipal clerk shall provide a petition form
19to any individual requesting one.
20    If no petition is filed with the municipal clerk, as
21hereinafter provided in this Section, within 30 days after the
22publication of the ordinance, the ordinance shall be in effect.
23But, if within that 30 day period a petition is filed with the
24municipal clerk, signed by electors in the municipality
25numbering 10% or more of the number of registered voters in the
26municipality, asking that the question of issuing obligations

 

 

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1using full faith and credit of the municipality as security for
2the cost of paying for redevelopment project costs, or of
3pledging taxes for the payment of such obligations, or both, be
4submitted to the electors of the municipality, the corporate
5authorities of the municipality shall call a special election
6in the manner provided by law to vote upon that question, or,
7if a general, State or municipal election is to be held within
8a period of not less than 30 or more than 90 days from the date
9such petition is filed, shall submit the question at the next
10general, State or municipal election. If it appears upon the
11canvass of the election by the corporate authorities that a
12majority of electors voting upon the question voted in favor
13thereof, the ordinance shall be in effect, but if a majority of
14the electors voting upon the question are not in favor thereof,
15the ordinance shall not take effect.
16    The ordinance authorizing the obligations may provide that
17the obligations shall contain a recital that they are issued
18pursuant to this Division, which recital shall be conclusive
19evidence of their validity and of the regularity of their
20issuance.
21    In the event the municipality authorizes issuance of
22obligations pursuant to this Section secured by the full faith
23and credit of the municipality, the ordinance authorizing the
24obligations may provide for the levy and collection of a direct
25annual tax upon all taxable property within the municipality
26sufficient to pay the principal thereof and interest thereon as

 

 

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1it matures, which levy may be in addition to and exclusive of
2the maximum of all other taxes authorized to be levied by the
3municipality, which levy, however, shall be abated to the
4extent that monies from other sources are available for payment
5of the obligations and the municipality certifies the amount of
6said monies available to the county clerk.
7    A certified copy of such ordinance shall be filed with the
8county clerk of each county in which any portion of the
9municipality is situated, and shall constitute the authority
10for the extension and collection of the taxes to be deposited
11in the special tax allocation fund.
12    A municipality may also issue its obligations to refund in
13whole or in part, obligations theretofore issued by such
14municipality under the authority of this Act, whether at or
15prior to maturity, provided however, that the last maturity of
16the refunding obligations may not be later than the dates set
17forth under Section 11-74.4-3.5.
18    In the event a municipality issues obligations under home
19rule powers or other legislative authority the proceeds of
20which are pledged to pay for redevelopment project costs, the
21municipality may, if it has followed the procedures in
22conformance with this division, retire said obligations from
23funds in the special tax allocation fund in amounts and in such
24manner as if such obligations had been issued pursuant to the
25provisions of this division.
26    All obligations heretofore or hereafter issued pursuant to

 

 

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1this Act shall not be regarded as indebtedness of the
2municipality issuing such obligations or any other taxing
3district for the purpose of any limitation imposed by law.
4(Source: P.A. 95-15, eff. 7-16-07; 95-164, eff. 1-1-08; 95-331,
5eff. 8-21-07; 95-346, eff. 8-21-07; 95-459, eff. 8-27-07;
695-653, eff. 1-1-08; 95-662, eff. 10-11-07; 95-683, eff.
710-19-07; 95-709, eff. 1-29-08; 95-876, eff. 8-21-08; 95-932,
8eff. 8-26-08; 95-964, eff. 9-23-08; 95-977, eff. 9-22-08;
995-1028, eff. 8-25-09 (see Section 5 of P.A. 96-717 for the
10effective date of changes made by P.A. 95-1028); 96-328, eff.
118-11-09; 96-1000, eff. 7-2-10.)
 
12    Section 10. The School Code is amended by changing Sections
1319-1 and 19-11 as follows:
 
14    (105 ILCS 5/19-1)
15    Sec. 19-1. Debt limitations of school districts.
16    (a) School districts shall not be subject to the provisions
17limiting their indebtedness prescribed in the Local Government
18Debt Limitation Act.
19    No school districts maintaining grades K through 8 or 9
20through 12 shall become indebted in any manner or for any
21purpose to an amount, including existing indebtedness, in the
22aggregate exceeding 6.9% on the value of the taxable property
23therein to be ascertained by the last assessment for State and
24county taxes or, until January 1, 1983, if greater, the sum

 

 

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1that is produced by multiplying the school district's 1978
2equalized assessed valuation by the debt limitation percentage
3in effect on January 1, 1979, previous to the incurring of such
4indebtedness.
5    No school districts maintaining grades K through 12 shall
6become indebted in any manner or for any purpose to an amount,
7including existing indebtedness, in the aggregate exceeding
813.8% on the value of the taxable property therein to be
9ascertained by the last assessment for State and county taxes
10or, until January 1, 1983, if greater, the sum that is produced
11by multiplying the school district's 1978 equalized assessed
12valuation by the debt limitation percentage in effect on
13January 1, 1979, previous to the incurring of such
14indebtedness.
15    No partial elementary unit district, as defined in Article
1611E of this Code, shall become indebted in any manner or for
17any purpose in an amount, including existing indebtedness, in
18the aggregate exceeding 6.9% of the value of the taxable
19property of the entire district, to be ascertained by the last
20assessment for State and county taxes, plus an amount,
21including existing indebtedness, in the aggregate exceeding
226.9% of the value of the taxable property of that portion of
23the district included in the elementary and high school
24classification, to be ascertained by the last assessment for
25State and county taxes. Moreover, no partial elementary unit
26district, as defined in Article 11E of this Code, shall become

 

 

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1indebted on account of bonds issued by the district for high
2school purposes in the aggregate exceeding 6.9% of the value of
3the taxable property of the entire district, to be ascertained
4by the last assessment for State and county taxes, nor shall
5the district become indebted on account of bonds issued by the
6district for elementary purposes in the aggregate exceeding
76.9% of the value of the taxable property for that portion of
8the district included in the elementary and high school
9classification, to be ascertained by the last assessment for
10State and county taxes.
11    Notwithstanding the provisions of any other law to the
12contrary, in any case in which the voters of a school district
13have approved a proposition for the issuance of bonds of such
14school district at an election held prior to January 1, 1979,
15and all of the bonds approved at such election have not been
16issued, the debt limitation applicable to such school district
17during the calendar year 1979 shall be computed by multiplying
18the value of taxable property therein, including personal
19property, as ascertained by the last assessment for State and
20county taxes, previous to the incurring of such indebtedness,
21by the percentage limitation applicable to such school district
22under the provisions of this subsection (a).
23    (b) Notwithstanding the debt limitation prescribed in
24subsection (a) of this Section, additional indebtedness may be
25incurred in an amount not to exceed the estimated cost of
26acquiring or improving school sites or constructing and

 

 

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1equipping additional building facilities under the following
2conditions:
3        (1) Whenever the enrollment of students for the next
4    school year is estimated by the board of education to
5    increase over the actual present enrollment by not less
6    than 35% or by not less than 200 students or the actual
7    present enrollment of students has increased over the
8    previous school year by not less than 35% or by not less
9    than 200 students and the board of education determines
10    that additional school sites or building facilities are
11    required as a result of such increase in enrollment; and
12        (2) When the Regional Superintendent of Schools having
13    jurisdiction over the school district and the State
14    Superintendent of Education concur in such enrollment
15    projection or increase and approve the need for such
16    additional school sites or building facilities and the
17    estimated cost thereof; and
18        (3) When the voters in the school district approve a
19    proposition for the issuance of bonds for the purpose of
20    acquiring or improving such needed school sites or
21    constructing and equipping such needed additional building
22    facilities at an election called and held for that purpose.
23    Notice of such an election shall state that the amount of
24    indebtedness proposed to be incurred would exceed the debt
25    limitation otherwise applicable to the school district.
26    The ballot for such proposition shall state what percentage

 

 

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1    of the equalized assessed valuation will be outstanding in
2    bonds if the proposed issuance of bonds is approved by the
3    voters; or
4        (4) Notwithstanding the provisions of paragraphs (1)
5    through (3) of this subsection (b), if the school board
6    determines that additional facilities are needed to
7    provide a quality educational program and not less than 2/3
8    of those voting in an election called by the school board
9    on the question approve the issuance of bonds for the
10    construction of such facilities, the school district may
11    issue bonds for this purpose; or
12        (5) Notwithstanding the provisions of paragraphs (1)
13    through (3) of this subsection (b), if (i) the school
14    district has previously availed itself of the provisions of
15    paragraph (4) of this subsection (b) to enable it to issue
16    bonds, (ii) the voters of the school district have not
17    defeated a proposition for the issuance of bonds since the
18    referendum described in paragraph (4) of this subsection
19    (b) was held, (iii) the school board determines that
20    additional facilities are needed to provide a quality
21    educational program, and (iv) a majority of those voting in
22    an election called by the school board on the question
23    approve the issuance of bonds for the construction of such
24    facilities, the school district may issue bonds for this
25    purpose.
26    In no event shall the indebtedness incurred pursuant to

 

 

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1this subsection (b) and the existing indebtedness of the school
2district exceed 15% of the value of the taxable property
3therein to be ascertained by the last assessment for State and
4county taxes, previous to the incurring of such indebtedness
5or, until January 1, 1983, if greater, the sum that is produced
6by multiplying the school district's 1978 equalized assessed
7valuation by the debt limitation percentage in effect on
8January 1, 1979.
9    The indebtedness provided for by this subsection (b) shall
10be in addition to and in excess of any other debt limitation.
11    (c) Notwithstanding the debt limitation prescribed in
12subsection (a) of this Section, in any case in which a public
13question for the issuance of bonds of a proposed school
14district maintaining grades kindergarten through 12 received
15at least 60% of the valid ballots cast on the question at an
16election held on or prior to November 8, 1994, and in which the
17bonds approved at such election have not been issued, the
18school district pursuant to the requirements of Section 11A-10
19(now repealed) may issue the total amount of bonds approved at
20such election for the purpose stated in the question.
21    (d) Notwithstanding the debt limitation prescribed in
22subsection (a) of this Section, a school district that meets
23all the criteria set forth in paragraphs (1) and (2) of this
24subsection (d) may incur an additional indebtedness in an
25amount not to exceed $4,500,000, even though the amount of the
26additional indebtedness authorized by this subsection (d),

 

 

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1when incurred and added to the aggregate amount of indebtedness
2of the district existing immediately prior to the district
3incurring the additional indebtedness authorized by this
4subsection (d), causes the aggregate indebtedness of the
5district to exceed the debt limitation otherwise applicable to
6that district under subsection (a):
7        (1) The additional indebtedness authorized by this
8    subsection (d) is incurred by the school district through
9    the issuance of bonds under and in accordance with Section
10    17-2.11a for the purpose of replacing a school building
11    which, because of mine subsidence damage, has been closed
12    as provided in paragraph (2) of this subsection (d) or
13    through the issuance of bonds under and in accordance with
14    Section 19-3 for the purpose of increasing the size of, or
15    providing for additional functions in, such replacement
16    school buildings, or both such purposes.
17        (2) The bonds issued by the school district as provided
18    in paragraph (1) above are issued for the purposes of
19    construction by the school district of a new school
20    building pursuant to Section 17-2.11, to replace an
21    existing school building that, because of mine subsidence
22    damage, is closed as of the end of the 1992-93 school year
23    pursuant to action of the regional superintendent of
24    schools of the educational service region in which the
25    district is located under Section 3-14.22 or are issued for
26    the purpose of increasing the size of, or providing for

 

 

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1    additional functions in, the new school building being
2    constructed to replace a school building closed as the
3    result of mine subsidence damage, or both such purposes.
4    (e) (Blank).
5    (f) Notwithstanding the provisions of subsection (a) of
6this Section or of any other law, bonds in not to exceed the
7aggregate amount of $5,500,000 and issued by a school district
8meeting the following criteria shall not be considered
9indebtedness for purposes of any statutory limitation and may
10be issued in an amount or amounts, including existing
11indebtedness, in excess of any heretofore or hereafter imposed
12statutory limitation as to indebtedness:
13        (1) At the time of the sale of such bonds, the board of
14    education of the district shall have determined by
15    resolution that the enrollment of students in the district
16    is projected to increase by not less than 7% during each of
17    the next succeeding 2 school years.
18        (2) The board of education shall also determine by
19    resolution that the improvements to be financed with the
20    proceeds of the bonds are needed because of the projected
21    enrollment increases.
22        (3) The board of education shall also determine by
23    resolution that the projected increases in enrollment are
24    the result of improvements made or expected to be made to
25    passenger rail facilities located in the school district.
26    Notwithstanding the provisions of subsection (a) of this

 

 

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1Section or of any other law, a school district that has availed
2itself of the provisions of this subsection (f) prior to July
322, 2004 (the effective date of Public Act 93-799) may also
4issue bonds approved by referendum up to an amount, including
5existing indebtedness, not exceeding 25% of the equalized
6assessed value of the taxable property in the district if all
7of the conditions set forth in items (1), (2), and (3) of this
8subsection (f) are met.
9    (g) Notwithstanding the provisions of subsection (a) of
10this Section or any other law, bonds in not to exceed an
11aggregate amount of 25% of the equalized assessed value of the
12taxable property of a school district and issued by a school
13district meeting the criteria in paragraphs (i) through (iv) of
14this subsection shall not be considered indebtedness for
15purposes of any statutory limitation and may be issued pursuant
16to resolution of the school board in an amount or amounts,
17including existing indebtedness, in excess of any statutory
18limitation of indebtedness heretofore or hereafter imposed:
19        (i) The bonds are issued for the purpose of
20    constructing a new high school building to replace two
21    adjacent existing buildings which together house a single
22    high school, each of which is more than 65 years old, and
23    which together are located on more than 10 acres and less
24    than 11 acres of property.
25        (ii) At the time the resolution authorizing the
26    issuance of the bonds is adopted, the cost of constructing

 

 

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1    a new school building to replace the existing school
2    building is less than 60% of the cost of repairing the
3    existing school building.
4        (iii) The sale of the bonds occurs before July 1, 1997.
5        (iv) The school district issuing the bonds is a unit
6    school district located in a county of less than 70,000 and
7    more than 50,000 inhabitants, which has an average daily
8    attendance of less than 1,500 and an equalized assessed
9    valuation of less than $29,000,000.
10    (h) 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 27.6% of the equalized assessed
15value of 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 $24,000,000;
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 buildings
22    were originally constructed not less than 40 years ago;
23        (iii) The voters of the district approve a proposition
24    for the issuance of the bonds at a referendum held after
25    March 19, 1996; and
26        (iv) The bonds are issued pursuant to Sections 19-2

 

 

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1    through 19-7 of this Code.
2    (i) Notwithstanding any other provisions of this Section or
3the provisions of any other law, until January 1, 1998, a
4community unit school district maintaining grades K through 12
5may issue bonds up to an amount, including existing
6indebtedness, not exceeding 27% of the equalized assessed value
7of the taxable property in the district, if all of the
8following conditions are met:
9        (i) The school district has an equalized assessed
10    valuation for calendar year 1995 of less than $44,600,000;
11        (ii) The bonds are issued for the capital improvement,
12    renovation, rehabilitation, or replacement of existing
13    school buildings of the district, all of which existing
14    buildings were originally constructed not less than 80
15    years ago;
16        (iii) The voters of the district approve a proposition
17    for the issuance of the bonds at a referendum held after
18    December 31, 1996; and
19        (iv) The bonds are issued pursuant to Sections 19-2
20    through 19-7 of this Code.
21    (j) Notwithstanding any other provisions of this Section or
22the provisions of any other law, until January 1, 1999, a
23community unit school district maintaining grades K through 12
24may issue bonds up to an amount, including existing
25indebtedness, not exceeding 27% of the equalized assessed value
26of the taxable property in the district if all of the following

 

 

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1conditions are met:
2        (i) The school district has an equalized assessed
3    valuation for calendar year 1995 of less than $140,000,000
4    and a best 3 months average daily attendance for the
5    1995-96 school year of at least 2,800;
6        (ii) The bonds are issued to purchase a site and build
7    and equip a new high school, and the school district's
8    existing high school was originally constructed not less
9    than 35 years prior to the sale of the bonds;
10        (iii) At the time of the sale of the bonds, the board
11    of education determines by resolution that a new high
12    school is needed because of projected enrollment
13    increases;
14        (iv) At least 60% of those voting in an election held
15    after December 31, 1996 approve a proposition for the
16    issuance of the bonds; and
17        (v) The bonds are issued pursuant to Sections 19-2
18    through 19-7 of this Code.
19    (k) Notwithstanding the debt limitation prescribed in
20subsection (a) of this Section, a school district that meets
21all the criteria set forth in paragraphs (1) through (4) of
22this subsection (k) may issue bonds to incur an additional
23indebtedness in an amount not to exceed $4,000,000 even though
24the amount of the additional indebtedness authorized by this
25subsection (k), when incurred and added to the aggregate amount
26of indebtedness of the school district existing immediately

 

 

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1prior to the school district incurring such additional
2indebtedness, causes the aggregate indebtedness of the school
3district to exceed or increases the amount by which the
4aggregate indebtedness of the district already exceeds the debt
5limitation otherwise applicable to that school district under
6subsection (a):
7        (1) the school district is located in 2 counties, and a
8    referendum to authorize the additional indebtedness was
9    approved by a majority of the voters of the school district
10    voting on the proposition to authorize that indebtedness;
11        (2) the additional indebtedness is for the purpose of
12    financing a multi-purpose room addition to the existing
13    high school;
14        (3) the additional indebtedness, together with the
15    existing indebtedness of the school district, shall not
16    exceed 17.4% of the value of the taxable property in the
17    school district, to be ascertained by the last assessment
18    for State and county taxes; and
19        (4) the bonds evidencing the additional indebtedness
20    are issued, if at all, within 120 days of August 14, 1998
21    (the effective date of Public Act 90-757).
22    (l) Notwithstanding any other provisions of this Section or
23the provisions of any other law, until January 1, 2000, a
24school district maintaining grades kindergarten through 8 may
25issue bonds up to an amount, including existing indebtedness,
26not exceeding 15% of the equalized assessed value of the

 

 

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1taxable property in the district if all of the following
2conditions are met:
3        (i) the district has an equalized assessed valuation
4    for calendar year 1996 of less than $10,000,000;
5        (ii) the bonds are issued for capital improvement,
6    renovation, rehabilitation, or replacement of one or more
7    school buildings of the district, which buildings were
8    originally constructed not less than 70 years ago;
9        (iii) the voters of the district approve a proposition
10    for the issuance of the bonds at a referendum held on or
11    after March 17, 1998; and
12        (iv) the bonds are issued pursuant to Sections 19-2
13    through 19-7 of this Code.
14    (m) Notwithstanding any other provisions of this Section or
15the provisions of any other law, until January 1, 1999, an
16elementary school district maintaining grades K through 8 may
17issue bonds up to an amount, excluding existing indebtedness,
18not exceeding 18% of the equalized assessed value of the
19taxable 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 1995 or less than $7,700,000;
23        (ii) The school district operates 2 elementary
24    attendance centers that until 1976 were operated as the
25    attendance centers of 2 separate and distinct school
26    districts;

 

 

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1        (iii) The bonds are issued for the construction of a
2    new elementary school building to replace an existing
3    multi-level elementary school building of the school
4    district that is not accessible at all levels and parts of
5    which were constructed more than 75 years ago;
6        (iv) The voters of the school district approve a
7    proposition for the issuance of the bonds at a referendum
8    held after July 1, 1998; and
9        (v) The bonds are issued pursuant to Sections 19-2
10    through 19-7 of this Code.
11    (n) Notwithstanding the debt limitation prescribed in
12subsection (a) of this Section or any other provisions of this
13Section or of any other law, a school district that meets all
14of the criteria set forth in paragraphs (i) through (vi) of
15this subsection (n) may incur additional indebtedness by the
16issuance of bonds in an amount not exceeding the amount
17certified by the Capital Development Board to the school
18district as provided in paragraph (iii) of this subsection (n),
19even though the amount of the additional indebtedness so
20authorized, when incurred and added to the aggregate amount of
21indebtedness of the district existing immediately prior to the
22district incurring the additional indebtedness authorized by
23this subsection (n), causes the aggregate indebtedness of the
24district to exceed the debt limitation otherwise applicable by
25law to that district:
26        (i) The school district applies to the State Board of

 

 

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1    Education for a school construction project grant and
2    submits a district facilities plan in support of its
3    application pursuant to Section 5-20 of the School
4    Construction Law.
5        (ii) The school district's application and facilities
6    plan are approved by, and the district receives a grant
7    entitlement for a school construction project issued by,
8    the State Board of Education under the School Construction
9    Law.
10        (iii) The school district has exhausted its bonding
11    capacity or the unused bonding capacity of the district is
12    less than the amount certified by the Capital Development
13    Board to the district under Section 5-15 of the School
14    Construction Law as the dollar amount of the school
15    construction project's cost that the district will be
16    required to finance with non-grant funds in order to
17    receive a school construction project grant under the
18    School Construction Law.
19        (iv) The bonds are issued for a "school construction
20    project", as that term is defined in Section 5-5 of the
21    School Construction Law, in an amount that does not exceed
22    the dollar amount certified, as provided in paragraph (iii)
23    of this subsection (n), by the Capital Development Board to
24    the school district under Section 5-15 of the School
25    Construction Law.
26        (v) The voters of the district approve a proposition

 

 

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1    for the issuance of the bonds at a referendum held after
2    the criteria specified in paragraphs (i) and (iii) of this
3    subsection (n) are met.
4        (vi) The bonds are issued pursuant to Sections 19-2
5    through 19-7 of the School Code.
6    (o) Notwithstanding any other provisions of this Section or
7the provisions of any other law, until November 1, 2007, a
8community unit school district maintaining grades K through 12
9may issue bonds up to an amount, including existing
10indebtedness, not exceeding 20% of the equalized assessed value
11of the taxable property in the district if all of the following
12conditions are met:
13        (i) the school district has an equalized assessed
14    valuation for calendar year 2001 of at least $737,000,000
15    and an enrollment for the 2002-2003 school year of at least
16    8,500;
17        (ii) the bonds are issued to purchase school sites,
18    build and equip a new high school, build and equip a new
19    junior high school, build and equip 5 new elementary
20    schools, and make technology and other improvements and
21    additions to existing schools;
22        (iii) at the time of the sale of the bonds, the board
23    of education determines by resolution that the sites and
24    new or improved facilities are needed because of projected
25    enrollment increases;
26        (iv) at least 57% of those voting in a general election

 

 

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

 

 

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1unit school district maintaining grades K through 12 shall not
2be considered indebtedness for purposes of any statutory
3limitation and may be issued in an amount or amounts, including
4existing indebtedness, in excess of any heretofore or hereafter
5imposed statutory limitation as to indebtedness, if all of the
6following conditions are met:
7        (i) For each of the 4 most recent years, residential
8    property comprises more than 80% of the equalized assessed
9    valuation of the district.
10        (ii) At least 2 school buildings that were constructed
11    40 or more years prior to the issuance of the bonds will be
12    demolished and will be replaced by new buildings or
13    additions to one or more existing buildings.
14        (iii) Voters of the district approve a proposition for
15    the issuance of the bonds at a regularly scheduled
16    election.
17        (iv) At the time of the sale of the bonds, the school
18    board determines by resolution that the new buildings or
19    building additions are needed because of an increase in
20    enrollment projected by the school board.
21        (v) The principal amount of the bonds, including
22    existing indebtedness, does not exceed 25% of the equalized
23    assessed value of the taxable property in the district.
24        (vi) The bonds are issued prior to January 1, 2007,
25    pursuant to Sections 19-2 through 19-7 of this Code.
26    (p-10) Notwithstanding any other provisions of this

 

 

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1Section or the provisions of any other law, bonds issued by a
2community consolidated school district maintaining grades K
3through 8 shall not be considered indebtedness for purposes of
4any statutory limitation and may be issued in an amount or
5amounts, including existing indebtedness, in excess of any
6heretofore or hereafter imposed statutory limitation as to
7indebtedness, if all of the following conditions are met:
8        (i) For each of the 4 most recent years, residential
9    and farm property comprises more than 80% of the equalized
10    assessed valuation of the district.
11        (ii) The bond proceeds are to be used to acquire and
12    improve school sites and build and equip a school building.
13        (iii) Voters of the district approve a proposition for
14    the issuance of the bonds at a regularly scheduled
15    election.
16        (iv) At the time of the sale of the bonds, the school
17    board determines by resolution that the school sites and
18    building additions are needed because of an increase in
19    enrollment projected by the school board.
20        (v) The principal amount of the bonds, including
21    existing indebtedness, does not exceed 20% of the equalized
22    assessed value of the taxable property in the district.
23        (vi) The bonds are issued prior to January 1, 2007,
24    pursuant to Sections 19-2 through 19-7 of this Code.
25    (p-15) In addition to all other authority to issue bonds,
26the Oswego Community Unit School District Number 308 may issue

 

 

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1bonds with an aggregate principal amount not to exceed
2$450,000,000, but only if all of the following conditions are
3met:
4        (i) The voters of the district have approved a
5    proposition for the bond issue at the general election held
6    on November 7, 2006.
7        (ii) At the time of the sale of the bonds, the school
8    board determines, by resolution, that: (A) the building and
9    equipping of the new high school building, new junior high
10    school buildings, new elementary school buildings, early
11    childhood building, maintenance building, transportation
12    facility, and additions to existing school buildings, the
13    altering, repairing, equipping, and provision of
14    technology improvements to existing school buildings, and
15    the acquisition and improvement of school sites, as the
16    case may be, are required as a result of a projected
17    increase in the enrollment of students in the district; and
18    (B) the sale of bonds for these purposes is authorized by
19    legislation that exempts the debt incurred on the bonds
20    from the district's statutory debt limitation.
21        (iii) The bonds are issued, in one or more bond issues,
22    on or before November 7, 2011, but the aggregate principal
23    amount issued in all such bond issues combined must not
24    exceed $450,000,000.
25        (iv) The bonds are issued in accordance with this
26    Article 19.

 

 

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1        (v) The proceeds of the bonds are used only to
2    accomplish those projects approved by the voters at the
3    general election held on November 7, 2006.
4The debt incurred on any bonds issued under this subsection
5(p-15) shall not be considered indebtedness for purposes of any
6statutory debt limitation.
7    (p-20) In addition to all other authority to issue bonds,
8the Lincoln-Way Community High School District Number 210 may
9issue bonds with an aggregate principal amount not to exceed
10$225,000,000, 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 primary
14    election held on March 21, 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 buildings, the altering,
18    repairing, and equipping of existing school buildings, and
19    the improvement of school sites, as the case may be, are
20    required as a result of a projected increase in the
21    enrollment of students in the district; and (B) the sale of
22    bonds for these purposes is authorized by legislation that
23    exempts the debt incurred on the bonds from the district's
24    statutory debt limitation.
25        (iii) The bonds are issued, in one or more bond issues,
26    on or before March 21, 2011, but the aggregate principal

 

 

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

 

 

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

 

 

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1    district and (B) the altering, repairing, and equipping of
2    existing school buildings are required because of the age
3    of the existing school buildings.
4        (iii) The bonds are issued, in one or more bond
5    issuances, on or before December 31, 2012; however, the
6    aggregate principal amount issued in all such bond
7    issuances combined must not exceed $30,000,000.
8        (iv) The bonds are issued in accordance with this
9    Article.
10        (v) The proceeds of the bonds are used to accomplish
11    only those projects approved by the voters at an election
12    held in 2008.
13The debt incurred on any bonds issued under this subsection
14(p-30) shall not be considered indebtedness for purposes of any
15statutory debt limitation.
16    (p-35) In addition to all other authority to issue bonds,
17Prairie Hill Community Consolidated School District 133 may
18issue bonds with an aggregate principal amount not to exceed
19$13,900,000, but only if all of the following conditions are
20met:
21        (i) The voters of the district approved a proposition
22    for the bond issuance at an election held on April 17,
23    2007.
24        (ii) At the time of the sale of the bonds, the school
25    board determines, by resolution, that (A) the improvement
26    of the site of and the building and equipping of a school

 

 

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1    building are required as a result of a projected increase
2    in the enrollment of students in the district and (B) the
3    repairing and equipping of the Prairie Hill Elementary
4    School building is required because of the age of that
5    school building.
6        (iii) The bonds are issued, in one or more bond
7    issuances, on or before December 31, 2011, but the
8    aggregate principal amount issued in all such bond
9    issuances combined must not exceed $13,900,000.
10        (iv) The bonds are issued in accordance with this
11    Article.
12        (v) The proceeds of the bonds are used to accomplish
13    only those projects approved by the voters at an election
14    held on April 17, 2007.
15The debt incurred on any bonds issued under this subsection
16(p-35) shall not be considered indebtedness for purposes of any
17statutory debt limitation.
18    (p-40) In addition to all other authority to issue bonds,
19Mascoutah Community Unit District 19 may issue bonds with an
20aggregate principal amount not to exceed $55,000,000, but only
21if all of the following conditions are met:
22        (1) The voters of the district approve a proposition
23    for the bond issuance at a regular election held on or
24    after November 4, 2008.
25        (2) At the time of the sale of the bonds, the school
26    board determines, by resolution, that (i) the building and

 

 

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1    equipping of a new high school building is required as a
2    result of a projected increase in the enrollment of
3    students in the district and the age and condition of the
4    existing high school building, (ii) the existing high
5    school building will be demolished, and (iii) the sale of
6    bonds is authorized by statute that exempts the debt
7    incurred on the bonds from the district's statutory debt
8    limitation.
9        (3) The bonds are issued, in one or more bond
10    issuances, on or before December 31, 2011, but the
11    aggregate principal amount issued in all such bond
12    issuances combined must not exceed $55,000,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at a regular
17    election held on or after November 4, 2008.
18    The debt incurred on any bonds issued under this subsection
19(p-40) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-45) Notwithstanding the provisions of subsection (a) of
22this Section or of any other law, bonds issued pursuant to
23Section 19-3.5 of this Code shall not be considered
24indebtedness for purposes of any statutory limitation if the
25bonds are issued in an amount or amounts, including existing
26indebtedness of the school district, not in excess of 18.5% of

 

 

SB1290 Enrolled- 34 -LRB100 09653 MLM 19822 b

1the value of the taxable property in the district to be
2ascertained by the last assessment for State and county taxes.
3    (p-50) Notwithstanding the provisions of subsection (a) of
4this Section or of any other law, bonds issued pursuant to
5Section 19-3.10 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 43% of
9the value of the taxable property in the district to be
10ascertained by the last assessment for State and county taxes.
11    (p-55) In addition to all other authority to issue bonds,
12Belle Valley School District 119 may issue bonds with an
13aggregate principal amount not to exceed $47,500,000, but only
14if all of the following conditions are met:
15        (1) The voters of the district approve a proposition
16    for the bond issuance at an election held on or after April
17    7, 2009.
18        (2) Prior to the issuance of the bonds, the school
19    board determines, by resolution, that (i) the building and
20    equipping of a new school building is required as a result
21    of mine subsidence in an existing school building and
22    because of the age and condition of another existing school
23    building and (ii) the issuance of bonds is authorized by
24    statute that exempts the debt incurred on the bonds from
25    the district's statutory debt limitation.
26        (3) The bonds are issued, in one or more bond

 

 

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1    issuances, on or before March 31, 2014, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $47,500,000.
4        (4) The bonds are issued in accordance with this
5    Article.
6        (5) The proceeds of the bonds are used to accomplish
7    only those projects approved by the voters at an election
8    held on or after April 7, 2009.
9    The debt incurred on any bonds issued under this subsection
10(p-55) shall not be considered indebtedness for purposes of any
11statutory debt limitation. Bonds issued under this subsection
12(p-55) must mature within not to exceed 30 years from their
13date, notwithstanding any other law to the contrary.
14    (p-60) In addition to all other authority to issue bonds,
15Wilmington Community Unit School District Number 209-U may
16issue bonds with an aggregate principal amount not to exceed
17$2,285,000, but only if all of the following conditions are
18met:
19        (1) The proceeds of the bonds are used to accomplish
20    only those projects approved by the voters at the general
21    primary election held on March 21, 2006.
22        (2) Prior to the issuance of the bonds, the school
23    board determines, by resolution, that (i) the projects
24    approved by the voters were and are required because of the
25    age and condition of the school district's prior and
26    existing school buildings and (ii) the issuance of the

 

 

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1    bonds is authorized by legislation that exempts the debt
2    incurred on the bonds from the district's statutory debt
3    limitation.
4        (3) The bonds are issued in one or more bond issuances
5    on or before March 1, 2011, but the aggregate principal
6    amount issued in all those bond issuances combined must not
7    exceed $2,285,000.
8        (4) The bonds are issued in accordance with this
9    Article.
10    The debt incurred on any bonds issued under this subsection
11(p-60) shall not be considered indebtedness for purposes of any
12statutory debt limitation.
13    (p-65) In addition to all other authority to issue bonds,
14West Washington County Community Unit School District 10 may
15issue bonds with an aggregate principal amount not to exceed
16$32,200,000 and maturing over a period not exceeding 25 years,
17but only if all of the following conditions are met:
18        (1) The voters of the district approve a proposition
19    for the bond issuance at an election held on or after
20    February 2, 2010.
21        (2) Prior to the issuance of the bonds, the school
22    board determines, by resolution, that (A) all or a portion
23    of the existing Okawville Junior/Senior High School
24    Building will be demolished; (B) the building and equipping
25    of a new school building to be attached to and the
26    alteration, repair, and equipping of the remaining portion

 

 

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1    of the Okawville Junior/Senior High School Building is
2    required because of the age and current condition of that
3    school building; and (C) the issuance of bonds is
4    authorized by a statute that exempts the debt incurred on
5    the bonds from the district's statutory debt limitation.
6        (3) The bonds are issued, in one or more bond
7    issuances, on or before March 31, 2014, but the aggregate
8    principal amount issued in all such bond issuances combined
9    must not exceed $32,200,000.
10        (4) The bonds are issued in accordance with this
11    Article.
12        (5) The proceeds of the bonds are used to accomplish
13    only those projects approved by the voters at an election
14    held on or after February 2, 2010.
15    The debt incurred on any bonds issued under this subsection
16(p-65) shall not be considered indebtedness for purposes of any
17statutory debt limitation.
18    (p-70) In addition to all other authority to issue bonds,
19Cahokia Community Unit School District 187 may issue bonds with
20an aggregate principal amount not to exceed $50,000,000, but
21only if all the following conditions are met:
22        (1) The voters of the district approve a proposition
23    for the bond issuance at an election held on or after
24    November 2, 2010.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the building and

 

 

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1    equipping of a new school building is required as a result
2    of the age and condition of an existing school building 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, on
7    or before July 1, 2016, but the aggregate principal amount
8    issued in all such bond issuances combined must not exceed
9    $50,000,000.
10        (4) The bonds are issued in accordance with this
11    Article.
12        (5) The proceeds of the bonds are used to accomplish
13    only those projects approved by the voters at an election
14    held on or after November 2, 2010.
15    The debt incurred on any bonds issued under this subsection
16(p-70) shall not be considered indebtedness for purposes of any
17statutory debt limitation. Bonds issued under this subsection
18(p-70) must mature within not to exceed 25 years from their
19date, notwithstanding any other law, including Section 19-3 of
20this Code, to the contrary.
21    (p-75) Notwithstanding the debt limitation prescribed in
22subsection (a) of this Section or any other provisions of this
23Section or of any other law, the execution of leases on or
24after January 1, 2007 and before July 1, 2011 by the Board of
25Education of Peoria School District 150 with a public building
26commission for leases entered into pursuant to the Public

 

 

SB1290 Enrolled- 39 -LRB100 09653 MLM 19822 b

1Building Commission Act shall not be considered indebtedness
2for purposes of any statutory debt limitation.
3    This subsection (p-75) applies only if the State Board of
4Education or the Capital Development Board makes one or more
5grants to Peoria School District 150 pursuant to the School
6Construction Law. The amount exempted from the debt limitation
7as prescribed in this subsection (p-75) shall be no greater
8than the amount of one or more grants awarded to Peoria School
9District 150 by the State Board of Education or the Capital
10Development Board.
11    (p-80) In addition to all other authority to issue bonds,
12Ridgeland School District 122 may issue bonds with an aggregate
13principal amount not to exceed $50,000,000 for the purpose of
14refunding or continuing to refund bonds originally issued
15pursuant to voter approval at the general election held on
16November 7, 2000, and the debt incurred on any bonds issued
17under this subsection (p-80) shall not be considered
18indebtedness for purposes of any statutory debt limitation.
19Bonds issued under this subsection (p-80) may be issued in one
20or more issuances and must mature within not to exceed 25 years
21from their date, notwithstanding any other law, including
22Section 19-3 of this Code, to the contrary.
23    (p-85) In addition to all other authority to issue bonds,
24Hall High School District 502 may issue bonds with an aggregate
25principal amount not to exceed $32,000,000, but only if all the
26following conditions are met:

 

 

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1        (1) The voters of the district approve a proposition
2    for the bond issuance at an election held on or after April
3    9, 2013.
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,
8    (ii) the existing school building should be demolished in
9    its entirety or the existing school building should be
10    demolished except for the 1914 west wing of the building,
11    and (iii) the issuance of bonds is authorized by a statute
12    that exempts the debt incurred on the bonds from the
13    district's statutory debt limitation.
14        (3) The bonds are issued, in one or more issuances, not
15    later than 5 years after the date of the referendum
16    approving the issuance of the bonds, but the aggregate
17    principal amount issued in all such bond issuances combined
18    must not exceed $32,000,000.
19        (4) The bonds are issued in accordance with this
20    Article.
21        (5) The proceeds of the bonds are used to accomplish
22    only those projects approved by the voters at an election
23    held on or after April 9, 2013.
24    The debt incurred on any bonds issued under this subsection
25(p-85) shall not be considered indebtedness for purposes of any
26statutory debt limitation. Bonds issued under this subsection

 

 

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1(p-85) must mature within not to exceed 30 years from their
2date, notwithstanding any other law, including Section 19-3 of
3this Code, to the contrary.
4    (p-90) In addition to all other authority to issue bonds,
5Lebanon Community Unit School District 9 may issue bonds with
6an aggregate principal amount not to exceed $7,500,000, but
7only if all of the following conditions are met:
8        (1) The voters of the district approved a proposition
9    for the bond issuance at the general primary election on
10    February 2, 2010.
11        (2) At or prior to the time of the sale of the bonds,
12    the school board determines, by resolution, that (i) the
13    building and equipping of a new elementary school building
14    is required as a result of a projected increase in the
15    enrollment of students in the district and the age and
16    condition of the existing Lebanon Elementary School
17    building, (ii) a portion of the existing Lebanon Elementary
18    School building will be demolished and the remaining
19    portion will be altered, repaired, and equipped, and (iii)
20    the sale of bonds is authorized by a statute that exempts
21    the debt incurred on the bonds from the district's
22    statutory debt limitation.
23        (3) The bonds are issued, in one or more bond
24    issuances, on or before April 1, 2014, but the aggregate
25    principal amount issued in all such bond issuances combined
26    must not exceed $7,500,000.

 

 

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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 general
5    primary election held on February 2, 2010.
6    The debt incurred on any bonds issued under this subsection
7(p-90) shall not be considered indebtedness for purposes of any
8statutory debt limitation.
9    (p-95) In addition to all other authority to issue bonds,
10Monticello Community Unit School District 25 may issue bonds
11with an aggregate principal amount not to exceed $35,000,000,
12but only if all of the following conditions are met:
13        (1) The voters of the district approve a proposition
14    for the bond issuance at an election held on or after
15    November 4, 2014.
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 as a result
19    of the age and condition of an existing school building and
20    (ii) the issuance of bonds is authorized by a statute that
21    exempts the debt incurred on the bonds from the district's
22    statutory debt limitation.
23        (3) The bonds are issued, in one or more issuances, on
24    or before July 1, 2020, but the aggregate principal amount
25    issued in all such bond issuances combined must not exceed
26    $35,000,000.

 

 

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

 

 

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1    exempts the debt incurred on the bonds from the district's
2    statutory debt limitation.
3        (3) The bonds are issued, in one or more issuances, on
4    or before July 1, 2020, but the aggregate principal amount
5    issued in all such bond issuances combined must not exceed
6    $17,500,000.
7        (4) The bonds are issued in accordance with this
8    Article.
9        (5) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at an election
11    held on or after November 4, 2014.
12    The debt incurred on any bonds issued under this subsection
13(p-100) shall not be considered indebtedness for purposes of
14any statutory debt limitation. Bonds issued under this
15subsection (p-100) must mature within not to exceed 25 years
16from their date, notwithstanding any other law, including
17Section 19-3 of this Code, to the contrary.
18    (p-105) In addition to all other authority to issue bonds,
19North Shore School District 112 may issue bonds with an
20aggregate principal amount not to exceed $150,000,000, but only
21if all of the following conditions are met:
22        (1) The voters of the district approve a proposition
23    for the bond issuance at an election held on or after March
24    15, 2016.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the building and

 

 

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1    equipping of new buildings and improving the sites thereof
2    and the building and equipping of additions to, altering,
3    repairing, equipping, and renovating existing buildings
4    and improving the sites thereof are required as a result of
5    the age and condition of the district's existing buildings
6    and (ii) the issuance of bonds is authorized by a statute
7    that exempts the debt incurred on the bonds from the
8    district's statutory debt limitation.
9        (3) The bonds are issued, in one or more issuances, not
10    later than 5 years after the date of the referendum
11    approving the issuance of the bonds, but the aggregate
12    principal amount issued in all such bond issuances combined
13    must not exceed $150,000,000.
14        (4) The bonds are issued in accordance with this
15    Article.
16        (5) The proceeds of the bonds are used to accomplish
17    only those projects approved by the voters at an election
18    held on or after March 15, 2016.
19    The debt incurred on any bonds issued under this subsection
20(p-105) and on any bonds issued to refund or continue to refund
21such bonds shall not be considered indebtedness for purposes of
22any statutory debt limitation. Bonds issued under this
23subsection (p-105) and any bonds issued to refund or continue
24to refund such bonds must mature within not to exceed 30 years
25from their date, notwithstanding any other law, including
26Section 19-3 of this Code, to the contrary.

 

 

SB1290 Enrolled- 46 -LRB100 09653 MLM 19822 b

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

 

 

SB1290 Enrolled- 47 -LRB100 09653 MLM 19822 b

1any statutory debt limitation.
2    (p-115) In addition to all other authority to issue bonds,
3Bureau Valley Community Unit School District 340 may issue
4bonds with an aggregate principal amount not to exceed
5$25,000,000, but only if all of the following conditions are
6met:
7        (1) The voters of the district approve a proposition
8    for the bond issuance at an election held on or after March
9    15, 2016.
10        (2) Prior to the issuances of the bonds, the school
11    board determines, by resolution, that (i) the renovating
12    and equipping of some existing school buildings, the
13    building and equipping of new school buildings, and the
14    demolishing of some existing school buildings are required
15    as a result of the age and condition of existing school
16    buildings and (ii) the issuance of bonds is authorized by a
17    statute that exempts the debt incurred on the bonds from
18    the district's statutory debt limitation.
19        (3) The bonds are issued, in one or more issuances, on
20    or before July 1, 2021, but the aggregate principal amount
21    issued in all such bond issuances combined must not exceed
22    $25,000,000.
23        (4) The bonds are issued in accordance with this
24    Article.
25        (5) The proceeds of the bonds are used to accomplish
26    only those projects approved by the voters at an election

 

 

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

 

 

SB1290 Enrolled- 49 -LRB100 09653 MLM 19822 b

1    principal amount issued in all such bond issuances combined
2    must not exceed $28,500,000.
3        (4) The bonds are issued in accordance with this
4    Article.
5        (5) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at an election
7    held on or after November 8, 2016.
8    The debt incurred on any bonds issued under this subsection
9(p-120) and on any bonds issued to refund or continue to refund
10such bonds shall not be considered indebtedness for purposes of
11any statutory debt limitation. Bonds issued under this
12subsection (p-120) and any bonds issued to refund or continue
13to refund such bonds must mature within not to exceed 25 years
14from their date, notwithstanding any other law, including
15Section 19-3 of this Code, to the contrary.
16    (p-125) In addition to all other authority to issue bonds,
17Hillsboro Community Unit School District 3 may issue bonds with
18an aggregate principal amount not to exceed $34,500,000, but
19only 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 March
22    15, 2016.
23        (2) Prior to the issuance of the bonds, the school
24    board determines, by resolution, that (i) altering,
25    repairing, and equipping the high school
26    agricultural/vocational building, demolishing the high

 

 

SB1290 Enrolled- 50 -LRB100 09653 MLM 19822 b

1    school main, cafeteria, and gym buildings, building and
2    equipping a school building, and improving sites are
3    required as a result of the age and condition of the
4    district's existing buildings and (ii) the issuance of
5    bonds is authorized by a statute that exempts the debt
6    incurred on the bonds from the district's statutory debt
7    limitation.
8        (3) The bonds are issued, in one or more issuances, not
9    later than 5 years after the date of the referendum
10    approving the issuance of the bonds, but the aggregate
11    principal amount issued in all such bond issuances combined
12    must not exceed $34,500,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after March 15, 2016.
18    The debt incurred on any bonds issued under this subsection
19(p-125) and on any bonds issued to refund or continue to refund
20such bonds shall not be considered indebtedness for purposes of
21any statutory debt limitation. Bonds issued under this
22subsection (p-125) and any bonds issued to refund or continue
23to refund such bonds 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-130) In addition to all other authority to issue bonds,

 

 

SB1290 Enrolled- 51 -LRB100 09653 MLM 19822 b

1Waltham Community Consolidated School District 185 may incur
2indebtedness in an aggregate principal amount not to exceed
3$9,500,000 to build and equip a new school building and improve
4the site thereof, but only if all the following conditions are
5met:
6        (1) A majority of the voters of the district voting on
7    an advisory question voted in favor of the question
8    regarding the use of funding sources to build a new school
9    building without increasing property tax rates at the
10    general election held on November 8, 2016.
11        (2) Prior to incurring the debt, the school board
12    enters into intergovernmental agreements with the City of
13    LaSalle to pledge moneys in a special tax allocation fund
14    associated with tax increment financing districts LaSalle
15    I and LaSalle III and with the Village of Utica to pledge
16    moneys in a special tax allocation fund associated with tax
17    increment financing district Utica I for the purposes of
18    repaying the debt issued pursuant to this subsection
19    (p-130). Notwithstanding any other provision of law to the
20    contrary, the intergovernmental agreement may extend these
21    tax increment financing districts as necessary to ensure
22    repayment of the debt.
23        (3) Prior to incurring the debt, the school board
24    determines, by resolution, that (i) the building and
25    equipping of a new school building is required as a result
26    of the age and condition of the district's existing

 

 

SB1290 Enrolled- 52 -LRB100 09653 MLM 19822 b

1    buildings and (ii) the debt is authorized by a statute that
2    exempts the debt from the district's statutory debt
3    limitation.
4        (4) The debt is incurred, in one or more issuances, not
5    later than January 1, 2021, and the aggregate principal
6    amount of debt issued in all such issuances combined must
7    not exceed $9,500,000.
8    The debt incurred under this subsection (p-130) and on any
9bonds issued to pay, refund, or continue to refund such debt
10shall not be considered indebtedness for purposes of any
11statutory debt limitation. Debt issued under this subsection
12(p-130) and any bonds issued to pay, refund, or continue to
13refund such debt must mature within not to exceed 25 years from
14their date, notwithstanding any other law, including Section
1519-11 of this Code and subsection (b) of Section 17 of the
16Local Government Debt Reform Act, to the contrary.
17    (q) A school district must notify the State Board of
18Education prior to issuing any form of long-term or short-term
19debt that will result in outstanding debt that exceeds 75% of
20the debt limit specified in this Section or any other provision
21of law.
22(Source: P.A. 98-617, eff. 1-7-14; 98-912, eff. 8-15-14;
2398-916, eff. 8-15-14; 99-78, eff. 7-20-15; 99-143, eff.
247-27-15; 99-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735,
25eff. 8-5-16; 99-926, eff. 1-20-17.)
 

 

 

SB1290 Enrolled- 53 -LRB100 09653 MLM 19822 b

1    (105 ILCS 5/19-11)  (from Ch. 122, par. 19-11)
2    Sec. 19-11. Amount of indebtedness - Interest and maturity.
3Any district which has complied with Section 19-9 and which is
4authorized to issue bonds under Sections 19-8, 19-9 and 19-10
5shall adopt a resolution specifying the amount of indebtedness
6to be funded, whether for the purpose of paying claims, or for
7paying teachers' orders, or for paying liabilities or
8obligations imposed on any district resulting from the division
9of assets as provided by Article 7 of this Act or Article 5 of
10this Act as it existed prior to July 1, 1952. The resolution
11shall set forth the date, denomination, rate of interest and
12maturities of the bonds, fix all details with respect to the
13issue and execution thereof, and provide for the levy of a tax
14sufficient to pay both principal and interest of the bonds as
15they mature. The bonds shall bear interest at a rate not to
16exceed the maximum rate authorized by the Bond Authorization
17Act, as amended at the time of the making of the contract,
18payable annually or semi-annually, as the governing body may
19determine, and mature in not more than 20 years from the date
20thereof or as otherwise authorized by law.
21    With respect to instruments for the payment of money issued
22under this Section either before, on, or after the effective
23date of this amendatory Act of 1989, it is and always has been
24the intention of the General Assembly (i) that the Omnibus Bond
25Acts are and always have been supplementary grants of power to
26issue instruments in accordance with the Omnibus Bond Acts,

 

 

SB1290 Enrolled- 54 -LRB100 09653 MLM 19822 b

1regardless of any provision of this Act that may appear to be
2or to have been more restrictive than those Acts, (ii) that the
3provisions of this Section are not a limitation on the
4supplementary authority granted by the Omnibus Bond Acts, and
5(iii) that instruments issued under this Section within the
6supplementary authority granted by the Omnibus Bond Acts are
7not invalid because of any provision of this Act that may
8appear to be or to have been more restrictive than those Acts.
9(Source: P.A. 86-4.)
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.