State of Illinois
91st General Assembly

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 1        AN  ACT  to  amend  the  School  Code by changing Section
 2    17-2.11.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  School  Code  is  amended  by changing
 6    Section 17-2.11 as follows:

 7        (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
 8        Sec. 17-2.11. School board power to  levy  a  tax  or  to
 9    borrow  money  and  issue  bonds for fire prevention, safety,
10    energy  conservation,  handicapped  disabled   accessibility,
11    school  security, and specified repair purposes. Whenever, as
12    a result of any lawful order of  any  agency,  other  than  a
13    school board, having authority to enforce any school building
14    code  applicable to any facility that houses students, or any
15    law or regulation  for  the  protection  and  safety  of  the
16    environment,  pursuant  to  the Environmental Protection Act,
17    any school district having a population of less than  500,000
18    inhabitants  is  required  to alter or reconstruct any school
19    building or permanent, fixed equipment; or whenever any  such
20    district   determines   that   it  is  necessary  for  energy
21    conservation purposes that any school building or  permanent,
22    fixed  equipment  should be altered or reconstructed and that
23    such alterations or reconstruction will be  made  with  funds
24    not  necessary for the completion of approved and recommended
25    projects contained in any safety survey report or  amendments
26    thereto authorized by Section 2-3.12 of this Act; or whenever
27    any  such  district  determines  that  it  is  necessary  for
28    handicapped  disabled  accessibility  purposes  and to comply
29    with the school  building  code  or  any  law  or  regulation
30    concerning handicapped accessibility, pursuant to the federal
31    Americans  with  Disabilities  Act  of  1990, that any school
                            -2-                LRB9102966NTsb
 1    building or equipment should be altered or reconstructed  and
 2    that  such  alterations  or  reconstruction will be made with
 3    funds not  necessary  for  the  completion  of  approved  and
 4    recommended projects contained in any safety survey report or
 5    amendments  thereto  authorized  under Section 2-3.12 of this
 6    Act; or whenever any such  district  determines  that  it  is
 7    necessary  for  school  security  purposes  and  the  related
 8    protection and safety of pupils and school personnel that any
 9    school   building   or   property   should   be   altered  or
10    reconstructed  or  that  security   systems   and   equipment
11    (including  but  not limited to intercom, early detection and
12    warning, access control and  television  monitoring  systems)
13    should be purchased and installed, and that such alterations,
14    reconstruction or purchase and installation of equipment will
15    be  made  with  funds  not  necessary  for  the completion of
16    approved and recommended projects  contained  in  any  safety
17    survey  report  or  amendment  thereto  authorized by Section
18    2-3.12 of this Act and will deter  and  prevent  unauthorized
19    entry  or  activities  upon  school  property  by  unknown or
20    dangerous persons, assure early detection and advance warning
21    of  any  such  actual  or  attempted  unauthorized  entry  or
22    activities and help assure the continued safety of pupils and
23    school staff if any such unauthorized entry  or  activity  is
24    attempted  or  occurs;  or if a school district does not need
25    funds  for  other  fire  prevention  and   safety   projects,
26    including the completion of approved and recommended projects
27    contained  in  any safety survey report or amendments thereto
28    authorized  by  Section  2-3.12  of  this  Act,  and  it   is
29    determined  after  a  public hearing (which is preceded by at
30    least one published notice (i)  occurring  at  least  7  days
31    prior  to  the  hearing in a newspaper of general circulation
32    within the school district and (ii) setting forth  the  time,
33    date,  place, and general subject matter of the hearing) that
34    there is a substantial, immediate, and otherwise  unavoidable
                            -3-                LRB9102966NTsb
 1    threat  to  the  health,  safety, or welfare of pupils due to
 2    disrepair of school sidewalks, playgrounds, parking lots,  or
 3    school bus turnarounds and repairs must be made:  then in any
 4    such  event,  such district may, by proper resolution, levy a
 5    tax  for  the  purpose   of   making   such   alteration   or
 6    reconstruction,  based  on a survey report by an architect or
 7    engineer licensed in the State  of  Illinois,  upon  all  the
 8    taxable  property of the district at the value as assessed by
 9    the Department of Revenue at a rate not to exceed   .05%  per
10    year  for  a  period  sufficient to finance such alterations,
11    repairs, or reconstruction, upon the following conditions:
12             (a)  When there are not sufficient  funds  available
13        in  either  the  operations  and  maintenance fund of the
14        district or the fire prevention and safety  fund  of  the
15        district  as  determined  by the district on the basis of
16        regulations adopted by the State Board  of  Education  to
17        make  such alterations, repairs, or reconstruction, or to
18        purchase and install such permanent  fixed  equipment  so
19        ordered  or  determined  as necessary. Appropriate school
20        district records shall be made  available  to  the  State
21        Superintendent  of Education upon request to confirm such
22        insufficiency.
23             (b)  When a certified estimate of  an  architect  or
24        engineer  licensed  in  the State of Illinois stating the
25        estimated amount necessary to  make  the  alterations  or
26        repairs,  or  to  purchase  and install such equipment so
27        ordered  has  been  secured  by  the  district,  and  the
28        estimate has been approved by the regional superintendent
29        of schools, having jurisdiction of the district, and  the
30        State Superintendent of Education.  Approval shall not be
31        granted for any work that has already started without the
32        prior  express  authorization of the State Superintendent
33        of Education.  If such estimate is not approved or denied
34        approval by the regional superintendent of schools within
                            -4-                LRB9102966NTsb
 1        3 months after the date on which it is submitted  to  him
 2        or  her, the school board of the district may submit such
 3        estimate  directly  to  the   State   Superintendent   of
 4        Education for approval or denial.
 5        For  purposes  of  this  Section  a  school  district may
 6    replace a school  building  or  build  additions  to  replace
 7    portions  of  a  building  when  it  is  determined  that the
 8    effectuation of the recommendations for the existing building
 9    will  cost   more   than   the   replacement   costs.    Such
10    determination  shall  be  based  on a comparison of estimated
11    costs made by an architect or engineer licensed in the  State
12    of   Illinois.    The  new  building  or  addition  shall  be
13    equivalent in area (square feet) and  comparable  in  purpose
14    and  grades  served  and  may  be on the same site or another
15    site.  Such replacement may only be done upon  order  of  the
16    regional  superintendent  of  schools and the approval of the
17    State Superintendent of Education.
18        The filing of a certified copy of the resolution  levying
19    the  tax when accompanied by the certificates of the regional
20    superintendent  of  schools  and  State   Superintendent   of
21    Education  shall  be  the  authority  of  the county clerk to
22    extend such tax.
23        The county clerk  of  the  county  in  which  any  school
24    district levying a tax under the authority of this Section is
25    located,  in  reducing  raised levies, shall not consider any
26    such tax as a part of the general levy  for  school  purposes
27    and shall not include the same in the limitation of any other
28    tax rate which may be extended.
29        Such  tax shall be levied and collected in like manner as
30    all  other  taxes  of  school  districts,  subject   to   the
31    provisions contained in this Section.
32        The  tax  rate  limit  specified  in  this Section may be
33    increased to .10% upon  the  approval  of  a  proposition  to
34    effect  such increase by a majority of the electors voting on
                            -5-                LRB9102966NTsb
 1    that  proposition  at  a  regular  scheduled  election.  Such
 2    proposition may be initiated  by  resolution  of  the  school
 3    board  and  shall be certified by the secretary to the proper
 4    election authorities for submission in  accordance  with  the
 5    general election law.
 6        When  taxes  are  levied  by any school district for fire
 7    prevention, safety, energy conservation, and school  security
 8    purposes  as  specified in this Section, and the purposes for
 9    which the taxes have been levied are accomplished and paid in
10    full, and there remain funds on hand in the  Fire  Prevention
11    and  Safety  Fund  from  the  proceeds  of  the taxes levied,
12    including interest earnings  thereon,  the  school  board  by
13    resolution  shall  use such excess and other board restricted
14    funds excluding bond proceeds and earnings from such proceeds
15    (1) for other  authorized  fire  prevention,  safety,  energy
16    conservation,   and  school  security  purposes  or  (2)  for
17    transfer to the  Operations  and  Maintenance  Fund  for  the
18    purpose   of  abating  an  equal  amount  of  operations  and
19    maintenance purposes taxes.  If any transfer is made  to  the
20    Operation  and  Maintenance Fund, the secretary of the school
21    board shall within 30 days notify the  county  clerk  of  the
22    amount  of  that  transfer  and direct the clerk to abate the
23    taxes to be extended  for  the  purposes  of  operations  and
24    maintenance  authorized  under Section 17-2 of this Act by an
25    amount equal to such transfer.
26        If the proceeds from the  tax  levy  authorized  by  this
27    Section  are insufficient to complete the work approved under
28    this Section, the school board is authorized  to  sell  bonds
29    without referendum under the provisions of this Section in an
30    amount  that,  when  added  to  the  proceeds of the tax levy
31    authorized by this Section,  will  allow  completion  of  the
32    approved work.
33        Such  bonds  shall  bear interest at a rate not to exceed
34    the maximum rate authorized by law at the time of the  making
                            -6-                LRB9102966NTsb
 1    of  the contract, shall mature within 20 years from date, and
 2    shall be signed by the president of the school board and  the
 3    treasurer of the school district.
 4        In  order  to  authorize and issue such bonds, the school
 5    board shall adopt a resolution fixing the  amount  of  bonds,
 6    the  date  thereof, the maturities thereof, rates of interest
 7    thereof, place of payment and denomination, which shall be in
 8    denominations of not less than $100 and not more than $5,000,
 9    and provide for the levy and collection of  a  direct  annual
10    tax  upon  all  the  taxable  property in the school district
11    sufficient to pay the principal and interest on such bonds to
12    maturity.  Upon the filing in the office of the county  clerk
13    of  the  county  in which the school district is located of a
14    certified copy of the resolution,  it  is  the  duty  of  the
15    county clerk to extend the tax therefor in addition to and in
16    excess  of all other taxes heretofore or hereafter authorized
17    to be levied by such school district.
18        After the time such bonds are issued as provided  for  by
19    this  Section,  if  additional alterations or reconstructions
20    are required to be made because of surveys  conducted  by  an
21    architect  or engineer licensed in the State of Illinois, the
22    district may levy a tax at a rate not to exceed .05% per year
23    upon all the  taxable  property  of  the  district  or  issue
24    additional   bonds,   whichever  action  shall  be  the  most
25    feasible.
26        This  Section  is  cumulative  and  constitutes  complete
27    authority for the issuance  of  bonds  as  provided  in  this
28    Section  notwithstanding  any  other  statute  or  law to the
29    contrary.
30        With respect to instruments  for  the  payment  of  money
31    issued  under  this  Section  either before, on, or after the
32    effective date of Public Act 86-004 (June 6,  1989),  it  is,
33    and  always  has  been, the intention of the General Assembly
34    (i) that the Omnibus Bond Acts are,  and  always  have  been,
                            -7-                LRB9102966NTsb
 1    supplementary   grants  of  power  to  issue  instruments  in
 2    accordance with the Omnibus  Bond  Acts,  regardless  of  any
 3    provision  of  this Act that may appear to be or to have been
 4    more restrictive than those Acts, (ii) that the provisions of
 5    this Section  are  not  a  limitation  on  the  supplementary
 6    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 7    instruments   issued   under   this   Section   within    the
 8    supplementary  authority granted by the Omnibus Bond Acts are
 9    not invalid because of any provision of  this  Act  that  may
10    appear  to  be  or  to  have been more restrictive than those
11    Acts.
12        When the purposes for which the  bonds  are  issued  have
13    been accomplished and paid for in full and there remain funds
14    on  hand  from  the  proceeds  of  the bond sale and interest
15    earnings therefrom, the board shall, by resolution, use  such
16    excess  funds  in  accordance  with the provisions of Section
17    10-22.14 of this Act.
18        Whenever any tax is  levied  or  bonds  issued  for  fire
19    prevention,  safety, energy conservation, and school security
20    purposes, such proceeds shall be deposited and accounted  for
21    separately within the Fire Prevention and Safety Fund.
22    (Source: P.A.  88-251;  88-508;  88-628, eff. 9-9-94; 88-670,
23    eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

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