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Public Act 100-0032


 

Public Act 0032 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0032
 
HB3012 EnrolledLRB100 10475 MLM 20688 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
17-2A as follows:
 
    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
    Sec. 17-2A. Interfund transfers.
    (a) The school board of any district having a population of
less than 500,000 inhabitants may, by proper resolution
following a public hearing set by the school board or the
president of the school board (that is preceded (i) by at least
one published notice over the name of the clerk or secretary of
the board, occurring at least 7 days and not more than 30 days
prior to the hearing, in a newspaper of general circulation
within the school district and (ii) by posted notice over the
name of the clerk or secretary of the board, at least 48 hours
before the hearing, at the principal office of the school board
or at the building where the hearing is to be held if a
principal office does not exist, with both notices setting
forth the time, date, place, and subject matter of the
hearing), transfer money from (1) the Educational Fund to the
Operations and Maintenance Fund or the Transportation Fund, (2)
the Operations and Maintenance Fund to the Educational Fund or
the Transportation Fund, (3) the Transportation Fund to the
Educational Fund or the Operations and Maintenance Fund, or (4)
the Tort Immunity Fund to the Operations and Maintenance Fund
of said district, provided that, except during the period from
July 1, 2003 through June 30, 2019, such transfer is made
solely for the purpose of meeting one-time, non-recurring
expenses. Except during the period from July 1, 2003 through
June 30, 2019 and except as otherwise provided in subsection
(b) of this Section, any other permanent interfund transfers
authorized by any provision or judicial interpretation of this
Code for which the transferee fund is not precisely and
specifically set forth in the provision of this Code
authorizing such transfer shall be made to the fund of the
school district most in need of the funds being transferred, as
determined by resolution of the school board.
    (b) (Blank).
    (c) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is an elementary district
servicing students in grades K through 8, (iii) whose territory
is in one county, (iv) that is eligible for Section 7002
Federal Impact Aid, and (v) that has no more than $81,000 in
funds remaining from refinancing bonds that were refinanced a
minimum of 5 years prior to January 20, 2017 (the effective
date of Public Act 99-926) this amendatory Act of the 99th
General Assembly may make a one-time transfer of the funds
remaining from the refinancing bonds to the Operations and
Maintenance Fund of the district by proper resolution following
a public hearing set by the school board or the president of
the school board, with notice as provided in subsection (a) of
this Section, so long as the district meets the qualifications
set forth in this subsection (c) on January 20, 2017 (the
effective date of Public Act 99-926) this amendatory Act of the
99th General Assembly.
    (d) Notwithstanding subsection (a) of this Section or any
other provision of this Code to the contrary, the school board
of any school district (i) that is subject to the Property Tax
Extension Limitation Law, (ii) that is a community unit school
district servicing students in grades K through 12, (iii) whose
territory is in one county, (iv) that owns property designated
by the United States as a Superfund site pursuant to the
federal Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) has an
excess accumulation of funds in its bond fund, including funds
accumulated prior to July 1, 2000, may make a one-time transfer
of those excess funds accumulated prior to July 1, 2000 to the
Operations and Maintenance Fund of the district by proper
resolution following a public hearing set by the school board
or the president of the school board, with notice as provided
in subsection (a) of this Section, so long as the district
meets the qualifications set forth in this subsection (d) on
the effective date of this amendatory Act of the 100th General
Assembly.
(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17;
revised 1-23-17.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2017