100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5628

 

Introduced , by Rep. Robert W. Pritchard

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-45
30 ILCS 350/16.5
105 ILCS 5/19-1
105 ILCS 230/5-5
105 ILCS 230/5-10
105 ILCS 230/5-15
105 ILCS 230/5-20
105 ILCS 230/5-25
105 ILCS 230/5-30
105 ILCS 230/5-35
105 ILCS 230/5-50
105 ILCS 230/5-100
105 ILCS 230/5-450 new
105 ILCS 230/5-37 rep.
105 ILCS 230/5-38 rep.
105 ILCS 230/5-45 rep.
105 ILCS 230/5-57 rep.

    Amends the School Construction Law. Makes changes concerning the definition of "grant index", priority order and calculation of the grant index, grant applications and district facilities plans, eligibility and project standards, the priority of school construction projects, school construction project grant amounts and use, and school maintenance project grants. Removes references relating to grant entitlements. Repeals provisions concerning carry over projects, Fiscal Year 2002 escalation, debt service grants, and changes in the administration of powers. Makes related changes in the State Finance Act and the School Code.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5628LRB100 16359 AXK 36050 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 State Finance Act is amended by changing
5Section 6z-45 as follows:
 
6    (30 ILCS 105/6z-45)
7    Sec. 6z-45. The School Infrastructure Fund.
8    (a) The School Infrastructure Fund is created as a special
9fund in the State Treasury.
10    In addition to any other deposits authorized by law,
11beginning January 1, 2000, on the first day of each month, or
12as soon thereafter as may be practical, the State Treasurer and
13State Comptroller shall transfer the sum of $5,000,000 from the
14General Revenue Fund to the School Infrastructure Fund, except
15that, notwithstanding any other provision of law, and in
16addition to any other transfers that may be provided for by
17law, before June 30, 2012, the Comptroller and the Treasurer
18shall transfer $45,000,000 from the General Revenue Fund into
19the School Infrastructure Fund, and, for fiscal year 2013 only,
20the Treasurer and the Comptroller shall transfer $1,250,000
21from the General Revenue Fund to the School Infrastructure Fund
22on the first day of each month; provided, however, that no such
23transfers shall be made from July 1, 2001 through June 30,

 

 

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12003.
2    (a-5) Money in the School Infrastructure Fund may be used
3to pay the expenses of the State Board of Education, the
4Governor's Office of Management and Budget, and the Capital
5Development Board in administering programs under the School
6Construction Law, the total expenses not to exceed $1,315,000
7in any fiscal year.
8    (b) Subject to the transfer provisions set forth below,
9money in the School Infrastructure Fund shall, if and when the
10State of Illinois incurs any bonded indebtedness for the
11construction of school improvements under subsection (e) of
12Section 5 of the General Obligation Bond Act, be set aside and
13used for the purpose of paying and discharging annually the
14principal and interest on that bonded indebtedness then due and
15payable, and for no other purpose.
16    In addition to other transfers to the General Obligation
17Bond Retirement and Interest Fund made pursuant to Section 15
18of the General Obligation Bond Act, upon each delivery of bonds
19issued for construction of school improvements under the School
20Construction Law, the State Comptroller shall compute and
21certify to the State Treasurer the total amount of principal
22of, interest on, and premium, if any, on such bonds during the
23then current and each succeeding fiscal year. With respect to
24the interest payable on variable rate bonds, such
25certifications shall be calculated at the maximum rate of
26interest that may be payable during the fiscal year, after

 

 

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1taking into account any credits permitted in the related
2indenture or other instrument against the amount of such
3interest required to be appropriated for that period.
4    On or before the last day of each month, the State
5Treasurer and State Comptroller shall transfer from the School
6Infrastructure Fund to the General Obligation Bond Retirement
7and Interest Fund an amount sufficient to pay the aggregate of
8the principal of, interest on, and premium, if any, on the
9bonds payable on their next payment date, divided by the number
10of monthly transfers occurring between the last previous
11payment date (or the delivery date if no payment date has yet
12occurred) and the next succeeding payment date. Interest
13payable on variable rate bonds shall be calculated at the
14maximum rate of interest that may be payable for the relevant
15period, after taking into account any credits permitted in the
16related indenture or other instrument against the amount of
17such interest required to be appropriated for that period.
18Interest for which moneys have already been deposited into the
19capitalized interest account within the General Obligation
20Bond Retirement and Interest Fund shall not be included in the
21calculation of the amounts to be transferred under this
22subsection.
23    (b-5) The money deposited into the School Infrastructure
24Fund from transfers pursuant to subsections (c-30) and (c-35)
25of Section 13 of the Riverboat Gambling Act shall be applied,
26without further direction, as provided in subsection (b-3) of

 

 

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1Section 5-35 of the School Construction Law.
2    (c) The surplus, if any, in the School Infrastructure Fund
3after payments made pursuant to subsections (a-5), (b), and
4(b-5) of this Section shall, subject to appropriation, be used
5as follows:
6    First - to make 3 payments to the School Technology
7Revolving Loan Fund as follows:
8        Transfer of $30,000,000 in fiscal year 1999;
9        Transfer of $20,000,000 in fiscal year 2000; and
10        Transfer of $10,000,000 in fiscal year 2001.
11    Second - to pay any amounts due for grants for school
12construction projects and debt service under the School
13Construction Law.
14    Third - to pay any amounts due for grants for school
15maintenance projects under the School Construction Law.
16(Source: P.A. 100-23, eff. 7-6-17.)
 
17    Section 10. The Local Government Debt Reform Act is amended
18by changing Section 16.5 as follows:
 
19    (30 ILCS 350/16.5)
20    Sec. 16.5. Proposition for bonds. For all elections held
21after July 1, 2000, the form of a proposition to authorize the
22issuance of bonds pursuant to either a referendum or backdoor
23referendum may be as set forth in this Section as an
24alternative to the form of proposition as otherwise set forth

 

 

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1by applicable law. The proposition authorized by this Section
2shall be in substantially the following form:
3        Shall (name of governmental unit) (state purpose for
4    the bond issue) and issue its bonds to the amount of $
5    (state amount) for the purpose of paying the costs thereof?
6    If a school district expects to receive a school
7construction grant from the State of Illinois pursuant to the
8School Construction Law for a school construction project to be
9financed in part with proceeds of a bond authorized by
10referendum, then the form of proposition may at the option of
11the school district additionally contain substantially the
12following language:
13        (Name of school district) expects to receive a school
14    construction grant from the State of Illinois in the amount
15    of $ (state amount) pursuant to the School Construction Law
16    for the school construction project to be financed in part
17    with proceeds of the bonds, based on (i) a grant index
18    entitlement from the State Board of Education and (ii)
19    current recognized project costs determined by the Capital
20    Development Board.
21(Source: P.A. 91-868, eff. 6-22-00; 92-879, eff. 1-13-03.)
 
22    Section 15. The School Code is amended by changing Section
2319-1 as follows:
 
24    (105 ILCS 5/19-1)

 

 

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1    (Text of Section before amendment by P.A. 100-503)
2    Sec. 19-1. Debt limitations of school districts.
3    (a) School districts shall not be subject to the provisions
4limiting their indebtedness prescribed in the Local Government
5Debt Limitation Act.
6    No school districts maintaining grades K through 8 or 9
7through 12 shall become indebted in any manner or for any
8purpose to an amount, including existing indebtedness, in the
9aggregate exceeding 6.9% on the value of the taxable property
10therein to be ascertained by the last assessment for State and
11county taxes or, until January 1, 1983, if greater, the sum
12that is produced by multiplying the school district's 1978
13equalized assessed valuation by the debt limitation percentage
14in effect on January 1, 1979, previous to the incurring of such
15indebtedness.
16    No school districts maintaining grades K through 12 shall
17become indebted in any manner or for any purpose to an amount,
18including existing indebtedness, in the aggregate exceeding
1913.8% on the value of the taxable property therein to be
20ascertained by the last assessment for State and county taxes
21or, until January 1, 1983, if greater, the sum that is produced
22by multiplying the school district's 1978 equalized assessed
23valuation by the debt limitation percentage in effect on
24January 1, 1979, previous to the incurring of such
25indebtedness.
26    No partial elementary unit district, as defined in Article

 

 

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111E of this Code, shall become indebted in any manner or for
2any purpose in an amount, including existing indebtedness, in
3the aggregate exceeding 6.9% of the value of the taxable
4property of the entire district, to be ascertained by the last
5assessment for State and county taxes, plus an amount,
6including existing indebtedness, in the aggregate exceeding
76.9% of the value of the taxable property of 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. Moreover, no partial elementary unit
11district, as defined in Article 11E of this Code, shall become
12indebted on account of bonds issued by the district for high
13school purposes in the aggregate exceeding 6.9% of the value of
14the taxable property of the entire district, to be ascertained
15by the last assessment for State and county taxes, nor shall
16the district become indebted on account of bonds issued by the
17district for elementary purposes in the aggregate exceeding
186.9% of the value of the taxable property for that portion of
19the district included in the elementary and high school
20classification, to be ascertained by the last assessment for
21State and county taxes.
22    Notwithstanding the provisions of any other law to the
23contrary, in any case in which the voters of a school district
24have approved a proposition for the issuance of bonds of such
25school district at an election held prior to January 1, 1979,
26and all of the bonds approved at such election have not been

 

 

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1issued, the debt limitation applicable to such school district
2during the calendar year 1979 shall be computed by multiplying
3the value of taxable property therein, including personal
4property, as ascertained by the last assessment for State and
5county taxes, previous to the incurring of such indebtedness,
6by the percentage limitation applicable to such school district
7under the provisions of this subsection (a).
8    (b) Notwithstanding the debt limitation prescribed in
9subsection (a) of this Section, additional indebtedness may be
10incurred in an amount not to exceed the estimated cost of
11acquiring or improving school sites or constructing and
12equipping additional building facilities under the following
13conditions:
14        (1) Whenever the enrollment of students for the next
15    school year is estimated by the board of education to
16    increase over the actual present enrollment by not less
17    than 35% or by not less than 200 students or the actual
18    present enrollment of students has increased over the
19    previous school year by not less than 35% or by not less
20    than 200 students and the board of education determines
21    that additional school sites or building facilities are
22    required as a result of such increase in enrollment; and
23        (2) When the Regional Superintendent of Schools having
24    jurisdiction over the school district and the State
25    Superintendent of Education concur in such enrollment
26    projection or increase and approve the need for such

 

 

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

 

 

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

 

 

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1election held on or prior to November 8, 1994, and in which the
2bonds approved at such election have not been issued, the
3school district pursuant to the requirements of Section 11A-10
4(now repealed) may issue the total amount of bonds approved at
5such election for the purpose stated in the question.
6    (d) Notwithstanding the debt limitation prescribed in
7subsection (a) of this Section, a school district that meets
8all the criteria set forth in paragraphs (1) and (2) of this
9subsection (d) may incur an additional indebtedness in an
10amount not to exceed $4,500,000, even though the amount of the
11additional indebtedness authorized by this subsection (d),
12when incurred and added to the aggregate amount of indebtedness
13of the district existing immediately prior to the district
14incurring the additional indebtedness authorized by this
15subsection (d), causes the aggregate indebtedness of the
16district to exceed the debt limitation otherwise applicable to
17that district under subsection (a):
18        (1) The additional indebtedness authorized by this
19    subsection (d) is incurred by the school district through
20    the issuance of bonds under and in accordance with Section
21    17-2.11a for the purpose of replacing a school building
22    which, because of mine subsidence damage, has been closed
23    as provided in paragraph (2) of this subsection (d) or
24    through the issuance of bonds under and in accordance with
25    Section 19-3 for the purpose of increasing the size of, or
26    providing for additional functions in, such replacement

 

 

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

 

 

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1    is projected to increase by not less than 7% during each of
2    the next succeeding 2 school years.
3        (2) The board of education shall also determine by
4    resolution that the improvements to be financed with the
5    proceeds of the bonds are needed because of the projected
6    enrollment increases.
7        (3) The board of education shall also determine by
8    resolution that the projected increases in enrollment are
9    the result of improvements made or expected to be made to
10    passenger rail facilities located in the school district.
11    Notwithstanding the provisions of subsection (a) of this
12Section or of any other law, a school district that has availed
13itself of the provisions of this subsection (f) prior to July
1422, 2004 (the effective date of Public Act 93-799) may also
15issue bonds approved by referendum up to an amount, including
16existing indebtedness, not exceeding 25% of the equalized
17assessed value of the taxable property in the district if all
18of the conditions set forth in items (1), (2), and (3) of this
19subsection (f) are met.
20    (g) Notwithstanding the provisions of subsection (a) of
21this Section or any other law, bonds in not to exceed an
22aggregate amount of 25% of the equalized assessed value of the
23taxable property of a school district and issued by a school
24district meeting the criteria in paragraphs (i) through (iv) of
25this subsection shall not be considered indebtedness for
26purposes of any statutory limitation and may be issued pursuant

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    exceed 17.4% of the value of the taxable property in the
2    school district, to be ascertained by the last assessment
3    for State and county taxes; and
4        (4) the bonds evidencing the additional indebtedness
5    are issued, if at all, within 120 days of August 14, 1998
6    (the effective date of Public Act 90-757).
7    (l) Notwithstanding any other provisions of this Section or
8the provisions of any other law, until January 1, 2000, a
9school district maintaining grades kindergarten through 8 may
10issue bonds up to an amount, including existing indebtedness,
11not exceeding 15% of the equalized assessed value of the
12taxable property in the district if all of the following
13conditions are met:
14        (i) the district has an equalized assessed valuation
15    for calendar year 1996 of less than $10,000,000;
16        (ii) the bonds are issued for capital improvement,
17    renovation, rehabilitation, or replacement of one or more
18    school buildings of the district, which buildings were
19    originally constructed not less than 70 years ago;
20        (iii) the voters of the district approve a proposition
21    for the issuance of the bonds at a referendum held on or
22    after March 17, 1998; and
23        (iv) the bonds are issued pursuant to Sections 19-2
24    through 19-7 of this Code.
25    (m) Notwithstanding any other provisions of this Section or
26the provisions of any other law, until January 1, 1999, an

 

 

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

 

 

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1issuance of bonds in an amount not exceeding the amount
2certified by the Capital Development Board to the school
3district as provided in paragraph (iii) of this subsection (n),
4even though the amount of the additional indebtedness so
5authorized, when incurred and added to the aggregate amount of
6indebtedness of the district existing immediately prior to the
7district incurring the additional indebtedness authorized by
8this subsection (n), causes the aggregate indebtedness of the
9district to exceed the debt limitation otherwise applicable by
10law to that district:
11        (i) The school district applies to the State Board of
12    Education for a school construction project grant and
13    submits a district facilities plan in support of its
14    application pursuant to Section 5-20 of the School
15    Construction Law.
16        (ii) The school district's application and facilities
17    plan are approved by, and the district receives a grant
18    index entitlement for a school construction project issued
19    by, the State Board of Education under the School
20    Construction Law.
21        (iii) The school district has exhausted its bonding
22    capacity or the unused bonding capacity of the district is
23    less than the amount certified by the Capital Development
24    Board to the district under Section 5-15 of the School
25    Construction Law as the dollar amount of the school
26    construction project's cost that the district will be

 

 

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

 

 

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1    8,500;
2        (ii) the bonds are issued to purchase school sites,
3    build and equip a new high school, build and equip a new
4    junior high school, build and equip 5 new elementary
5    schools, and make technology and other improvements and
6    additions to existing schools;
7        (iii) at the time of the sale of the bonds, the board
8    of education determines by resolution that the sites and
9    new or improved facilities are needed because of projected
10    enrollment increases;
11        (iv) at least 57% of those voting in a general election
12    held prior to January 1, 2003 approved a proposition for
13    the issuance of the bonds; and
14        (v) the bonds are issued pursuant to Sections 19-2
15    through 19-7 of this Code.
16    (p) Notwithstanding any other provisions of this Section or
17the provisions of any other law, a community unit school
18district maintaining grades K through 12 may issue bonds up to
19an amount, including indebtedness, not exceeding 27% of the
20equalized assessed value of the taxable property in the
21district if all of the following conditions are met:
22        (i) The school district has an equalized assessed
23    valuation for calendar year 2001 of at least $295,741,187
24    and a best 3 months' average daily attendance for the
25    2002-2003 school year of at least 2,394.
26        (ii) The bonds are issued to build and equip 3

 

 

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

 

 

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

 

 

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

 

 

HB5628- 26 -LRB100 16359 AXK 36050 b

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

 

 

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

 

 

HB5628- 28 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 29 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 30 -LRB100 16359 AXK 36050 b

1    (p-35) In addition to all other authority to issue bonds,
2Prairie Hill Community Consolidated School District 133 may
3issue bonds with an aggregate principal amount not to exceed
4$13,900,000, but only if all of the following conditions are
5met:
6        (i) The voters of the district approved a proposition
7    for the bond issuance at an election held on April 17,
8    2007.
9        (ii) At the time of the sale of the bonds, the school
10    board determines, by resolution, that (A) the improvement
11    of the site of and the building and equipping of a school
12    building are required as a result of a projected increase
13    in the enrollment of students in the district and (B) the
14    repairing and equipping of the Prairie Hill Elementary
15    School building is required because of the age of that
16    school building.
17        (iii) The bonds are issued, in one or more bond
18    issuances, on or before December 31, 2011, but the
19    aggregate principal amount issued in all such bond
20    issuances combined must not exceed $13,900,000.
21        (iv) The bonds are issued in accordance with this
22    Article.
23        (v) The proceeds of the bonds are used to accomplish
24    only those projects approved by the voters at an election
25    held on April 17, 2007.
26The debt incurred on any bonds issued under this subsection

 

 

HB5628- 31 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 32 -LRB100 16359 AXK 36050 b

1    only those projects approved by the voters at a regular
2    election held on or after November 4, 2008.
3    The debt incurred on any bonds issued under this subsection
4(p-40) shall not be considered indebtedness for purposes of any
5statutory debt limitation.
6    (p-45) Notwithstanding the provisions of subsection (a) of
7this Section or of any other law, bonds issued pursuant to
8Section 19-3.5 of this Code shall not be considered
9indebtedness for purposes of any statutory limitation if the
10bonds are issued in an amount or amounts, including existing
11indebtedness of the school district, not in excess of 18.5% of
12the value of the taxable property in the district to be
13ascertained by the last assessment for State and county taxes.
14    (p-50) Notwithstanding the provisions of subsection (a) of
15this Section or of any other law, bonds issued pursuant to
16Section 19-3.10 of this Code shall not be considered
17indebtedness for purposes of any statutory limitation if the
18bonds are issued in an amount or amounts, including existing
19indebtedness of the school district, not in excess of 43% of
20the value of the taxable property in the district to be
21ascertained by the last assessment for State and county taxes.
22    (p-55) In addition to all other authority to issue bonds,
23Belle Valley School District 119 may issue bonds with an
24aggregate principal amount not to exceed $47,500,000, but only
25if all of the following conditions are met:
26        (1) The voters of the district approve a proposition

 

 

HB5628- 33 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 34 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 35 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 36 -LRB100 16359 AXK 36050 b

1(p-65) shall not be considered indebtedness for purposes of any
2statutory debt limitation.
3    (p-70) In addition to all other authority to issue bonds,
4Cahokia Community Unit School District 187 may issue bonds with
5an aggregate principal amount not to exceed $50,000,000, but
6only if all the following conditions are met:
7        (1) The voters of the district approve a proposition
8    for the bond issuance at an election held on or after
9    November 2, 2010.
10        (2) Prior to the issuance of the bonds, the school
11    board determines, by resolution, that (i) the building and
12    equipping of a new school building is required as a result
13    of the age and condition of an existing school building and
14    (ii) the issuance of bonds is authorized by a statute that
15    exempts the debt incurred on the bonds from the district's
16    statutory debt limitation.
17        (3) The bonds are issued, in one or more issuances, on
18    or before July 1, 2016, but the aggregate principal amount
19    issued in all such bond issuances combined must not exceed
20    $50,000,000.
21        (4) The bonds are issued in accordance with this
22    Article.
23        (5) The proceeds of the bonds are used to accomplish
24    only those projects approved by the voters at an election
25    held on or after November 2, 2010.
26    The debt incurred on any bonds issued under this subsection

 

 

HB5628- 37 -LRB100 16359 AXK 36050 b

1(p-70) shall not be considered indebtedness for purposes of any
2statutory debt limitation. Bonds issued under this subsection
3(p-70) must mature within not to exceed 25 years from their
4date, notwithstanding any other law, including Section 19-3 of
5this Code, to the contrary.
6    (p-75) Notwithstanding the debt limitation prescribed in
7subsection (a) of this Section or any other provisions of this
8Section or of any other law, the execution of leases on or
9after January 1, 2007 and before July 1, 2011 by the Board of
10Education of Peoria School District 150 with a public building
11commission for leases entered into pursuant to the Public
12Building Commission Act shall not be considered indebtedness
13for purposes of any statutory debt limitation.
14    This subsection (p-75) applies only if the State Board of
15Education or the Capital Development Board makes one or more
16grants to Peoria School District 150 pursuant to the School
17Construction Law. The amount exempted from the debt limitation
18as prescribed in this subsection (p-75) shall be no greater
19than the amount of one or more grants awarded to Peoria School
20District 150 by the State Board of Education or the Capital
21Development Board.
22    (p-80) In addition to all other authority to issue bonds,
23Ridgeland School District 122 may issue bonds with an aggregate
24principal amount not to exceed $50,000,000 for the purpose of
25refunding or continuing to refund bonds originally issued
26pursuant to voter approval at the general election held on

 

 

HB5628- 38 -LRB100 16359 AXK 36050 b

1November 7, 2000, and the debt incurred on any bonds issued
2under this subsection (p-80) shall not be considered
3indebtedness for purposes of any statutory debt limitation.
4Bonds issued under this subsection (p-80) may be issued in one
5or more issuances and must mature within not to exceed 25 years
6from their date, notwithstanding any other law, including
7Section 19-3 of this Code, to the contrary.
8    (p-85) In addition to all other authority to issue bonds,
9Hall High School District 502 may issue bonds with an aggregate
10principal amount not to exceed $32,000,000, but only if all the
11following 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 April
14    9, 2013.
15        (2) Prior to the issuance of the bonds, the school
16    board determines, by resolution, that (i) the building and
17    equipping of a new school building is required as a result
18    of the age and condition of an existing school building,
19    (ii) the existing school building should be demolished in
20    its entirety or the existing school building should be
21    demolished except for the 1914 west wing of the building,
22    and (iii) the issuance of bonds is authorized by a statute
23    that exempts the debt incurred on the bonds from the
24    district's statutory debt limitation.
25        (3) The bonds are issued, in one or more issuances, not
26    later than 5 years after the date of the referendum

 

 

HB5628- 39 -LRB100 16359 AXK 36050 b

1    approving the issuance of the bonds, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $32,000,000.
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 9, 2013.
9    The debt incurred on any bonds issued under this subsection
10(p-85) shall not be considered indebtedness for purposes of any
11statutory debt limitation. Bonds issued under this subsection
12(p-85) must mature within not to exceed 30 years from their
13date, notwithstanding any other law, including Section 19-3 of
14this Code, to the contrary.
15    (p-90) In addition to all other authority to issue bonds,
16Lebanon Community Unit School District 9 may issue bonds with
17an aggregate principal amount not to exceed $7,500,000, but
18only if all of the following conditions are met:
19        (1) The voters of the district approved a proposition
20    for the bond issuance at the general primary election on
21    February 2, 2010.
22        (2) At or prior to the time of the sale of the bonds,
23    the school board determines, by resolution, that (i) the
24    building and equipping of a new elementary school building
25    is required as a result of a projected increase in the
26    enrollment of students in the district and the age and

 

 

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

 

 

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

 

 

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

 

 

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1from their date, notwithstanding any other law, including
2Section 19-3 of this Code, to the contrary.
3    (p-105) In addition to all other authority to issue bonds,
4North Shore School District 112 may issue bonds with an
5aggregate principal amount not to exceed $150,000,000, but only
6if all of the following conditions are met:
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 issuance of the bonds, the school
11    board determines, by resolution, that (i) the building and
12    equipping of new buildings and improving the sites thereof
13    and the building and equipping of additions to, altering,
14    repairing, equipping, and renovating existing buildings
15    and improving the sites thereof are required as a result of
16    the age and condition of the district's existing buildings
17    and (ii) the issuance of bonds is authorized by a statute
18    that exempts the debt incurred on the bonds from the
19    district's statutory debt limitation.
20        (3) The bonds are issued, in one or more issuances, not
21    later than 5 years after the date of the referendum
22    approving the issuance of the bonds, but the aggregate
23    principal amount issued in all such bond issuances combined
24    must not exceed $150,000,000.
25        (4) The bonds are issued in accordance with this
26    Article.

 

 

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1        (5) The proceeds of the bonds are used to accomplish
2    only those projects approved by the voters at an election
3    held on or after March 15, 2016.
4    The debt incurred on any bonds issued under this subsection
5(p-105) and on any bonds issued to refund or continue to refund
6such bonds shall not be considered indebtedness for purposes of
7any statutory debt limitation. Bonds issued under this
8subsection (p-105) and any bonds issued to refund or continue
9to refund such bonds must mature within not to exceed 30 years
10from their date, notwithstanding any other law, including
11Section 19-3 of this Code, to the contrary.
12    (p-110) In addition to all other authority to issue bonds,
13Sandoval Community Unit School District 501 may issue bonds
14with an aggregate principal amount not to exceed $2,000,000,
15but only if all of the following conditions are met:
16        (1) The voters of the district approved a proposition
17    for the bond issuance at an election held on March 20,
18    2012.
19        (2) Prior to the issuance of the bonds, the school
20    board determines, by resolution, that (i) the building and
21    equipping of a new school building is required because of
22    the age and current condition of the Sandoval Elementary
23    School building and (ii) the issuance of bonds is
24    authorized by a statute that exempts the debt incurred on
25    the bonds from 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 19, 2022, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $2,000,000.
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 the election
8    held on March 20, 2012.
9    The debt incurred on any bonds issued under this subsection
10(p-110) and on any bonds issued to refund or continue to refund
11the bonds shall not be considered indebtedness for purposes of
12any statutory debt limitation.
13    (p-115) In addition to all other authority to issue bonds,
14Bureau Valley Community Unit School District 340 may issue
15bonds with an aggregate principal amount not to exceed
16$25,000,000, but only if all of the following conditions are
17met:
18        (1) The voters of the district approve a proposition
19    for the bond issuance at an election held on or after March
20    15, 2016.
21        (2) Prior to the issuances of the bonds, the school
22    board determines, by resolution, that (i) the renovating
23    and equipping of some existing school buildings, the
24    building and equipping of new school buildings, and the
25    demolishing of some existing school buildings are required
26    as a result of the age and condition of existing school

 

 

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

 

 

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1    board determines, by resolution, that (i) the projects as
2    described in said proposition, relating to the building and
3    equipping of one or more school buildings or additions to
4    existing school buildings, are required as a result of the
5    age and condition of the District's existing buildings and
6    (ii) the issuance of bonds is authorized by a statute that
7    exempts the debt incurred on the bonds from the district's
8    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 $28,500,000.
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 November 8, 2016.
19    The debt incurred on any bonds issued under this subsection
20(p-120) 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-120) and any bonds issued to refund or continue
24to refund such bonds must mature within not to exceed 25 years
25from their date, notwithstanding any other law, including
26Section 19-3 of this Code, to the contrary.

 

 

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1    (p-125) In addition to all other authority to issue bonds,
2Hillsboro Community Unit School District 3 may issue bonds with
3an aggregate principal amount not to exceed $34,500,000, but
4only if all the following conditions are met:
5        (1) The voters of the district approve a proposition
6    for the bond issuance at an election held on or after March
7    15, 2016.
8        (2) Prior to the issuance of the bonds, the school
9    board determines, by resolution, that (i) altering,
10    repairing, and equipping the high school
11    agricultural/vocational building, demolishing the high
12    school main, cafeteria, and gym buildings, building and
13    equipping a school building, and improving sites are
14    required as a result of the age and condition of the
15    district's existing buildings and (ii) the issuance of
16    bonds is authorized by a statute that exempts the debt
17    incurred on the bonds from the district's statutory debt
18    limitation.
19        (3) The bonds are issued, in one or more issuances, not
20    later than 5 years after the date of the referendum
21    approving the issuance of the bonds, but the aggregate
22    principal amount issued in all such bond issuances combined
23    must not exceed $34,500,000.
24        (4) The bonds are issued in accordance with this
25    Article.
26        (5) The proceeds of the bonds are used to accomplish

 

 

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

 

 

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1    moneys in a special tax allocation fund associated with tax
2    increment financing district Utica I for the purposes of
3    repaying the debt issued pursuant to this subsection
4    (p-130). Notwithstanding any other provision of law to the
5    contrary, the intergovernmental agreement may extend these
6    tax increment financing districts as necessary to ensure
7    repayment of the debt.
8        (3) Prior to incurring the debt, the school board
9    determines, by resolution, that (i) the building and
10    equipping of a new school building is required as a result
11    of the age and condition of the district's existing
12    buildings and (ii) the debt is authorized by a statute that
13    exempts the debt from the district's statutory debt
14    limitation.
15        (4) The debt is incurred, in one or more issuances, not
16    later than January 1, 2021, and the aggregate principal
17    amount of debt issued in all such issuances combined must
18    not exceed $9,500,000.
19    The debt incurred under this subsection (p-130) and on any
20bonds issued to pay, refund, or continue to refund such debt
21shall not be considered indebtedness for purposes of any
22statutory debt limitation. Debt issued under this subsection
23(p-130) and any bonds issued to pay, refund, or continue to
24refund such debt must mature within not to exceed 25 years from
25their date, notwithstanding any other law, including Section
2619-11 of this Code and subsection (b) of Section 17 of the

 

 

HB5628- 51 -LRB100 16359 AXK 36050 b

1Local Government Debt Reform Act, to the contrary.
2    (q) A school district must notify the State Board of
3Education prior to issuing any form of long-term or short-term
4debt that will result in outstanding debt that exceeds 75% of
5the debt limit specified in this Section or any other provision
6of law.
7(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
899-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.
98-5-16; 99-926, eff. 1-20-17; 100-531, eff. 9-22-17.)
 
10    (Text of Section after amendment by P.A. 100-503)
11    Sec. 19-1. Debt limitations of school districts.
12    (a) School districts shall not be subject to the provisions
13limiting their indebtedness prescribed in the Local Government
14Debt Limitation Act.
15    No school districts maintaining grades K through 8 or 9
16through 12 shall become indebted in any manner or for any
17purpose to an amount, including existing indebtedness, in the
18aggregate exceeding 6.9% on the value of the taxable property
19therein to be ascertained by the last assessment for State and
20county taxes or, until January 1, 1983, if greater, the sum
21that is produced by multiplying the school district's 1978
22equalized assessed valuation by the debt limitation percentage
23in effect on January 1, 1979, previous to the incurring of such
24indebtedness.
25    No school districts maintaining grades K through 12 shall

 

 

HB5628- 52 -LRB100 16359 AXK 36050 b

1become indebted in any manner or for any purpose to an amount,
2including existing indebtedness, in the aggregate exceeding
313.8% on the value of the taxable property therein to be
4ascertained by the last assessment for State and county taxes
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, previous to the incurring of such
9indebtedness.
10    No partial elementary unit district, as defined in Article
1111E of this Code, shall become indebted in any manner or for
12any purpose in an amount, including existing indebtedness, in
13the aggregate exceeding 6.9% of the value of the taxable
14property of the entire district, to be ascertained by the last
15assessment for State and county taxes, plus an amount,
16including existing indebtedness, in the aggregate exceeding
176.9% of the value of the taxable property of that portion of
18the district included in the elementary and high school
19classification, to be ascertained by the last assessment for
20State and county taxes. Moreover, no partial elementary unit
21district, as defined in Article 11E of this Code, shall become
22indebted on account of bonds issued by the district for high
23school purposes in the aggregate exceeding 6.9% of the value of
24the taxable property of the entire district, to be ascertained
25by the last assessment for State and county taxes, nor shall
26the district become indebted on account of bonds issued by the

 

 

HB5628- 53 -LRB100 16359 AXK 36050 b

1district for elementary purposes in the aggregate exceeding
26.9% of the value of the taxable property for that portion of
3the district included in the elementary and high school
4classification, to be ascertained by the last assessment for
5State and county taxes.
6    Notwithstanding the provisions of any other law to the
7contrary, in any case in which the voters of a school district
8have approved a proposition for the issuance of bonds of such
9school district at an election held prior to January 1, 1979,
10and all of the bonds approved at such election have not been
11issued, the debt limitation applicable to such school district
12during the calendar year 1979 shall be computed by multiplying
13the value of taxable property therein, including personal
14property, as ascertained by the last assessment for State and
15county taxes, previous to the incurring of such indebtedness,
16by the percentage limitation applicable to such school district
17under the provisions of this subsection (a).
18    (a-5) After January 1, 2018, no school district may issue
19bonds under Sections 19-2 through 19-7 of this Code and rely on
20an exception to the debt limitations in this Section unless it
21has complied with the requirements of Section 21 of the Bond
22Issue Notification Act and the bonds have been approved by
23referendum.
24    (b) Notwithstanding the debt limitation prescribed in
25subsection (a) of this Section, additional indebtedness may be
26incurred in an amount not to exceed the estimated cost of

 

 

HB5628- 54 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 55 -LRB100 16359 AXK 36050 b

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

 

 

HB5628- 56 -LRB100 16359 AXK 36050 b

1    In no event shall the indebtedness incurred pursuant to
2this subsection (b) and the existing indebtedness of the school
3district exceed 15% of the value of the taxable property
4therein to be ascertained by the last assessment for State and
5county taxes, previous to the incurring of such indebtedness
6or, until January 1, 1983, if greater, the sum that is produced
7by multiplying the school district's 1978 equalized assessed
8valuation by the debt limitation percentage in effect on
9January 1, 1979.
10    The indebtedness provided for by this subsection (b) shall
11be in addition to and in excess of any other debt limitation.
12    (c) Notwithstanding the debt limitation prescribed in
13subsection (a) of this Section, in any case in which a public
14question for the issuance of bonds of a proposed school
15district maintaining grades kindergarten through 12 received
16at least 60% of the valid ballots cast on the question at an
17election held on or prior to November 8, 1994, and in which the
18bonds approved at such election have not been issued, the
19school district pursuant to the requirements of Section 11A-10
20(now repealed) may issue the total amount of bonds approved at
21such election for the purpose stated in the question.
22    (d) Notwithstanding the debt limitation prescribed in
23subsection (a) of this Section, a school district that meets
24all the criteria set forth in paragraphs (1) and (2) of this
25subsection (d) may incur an additional indebtedness in an
26amount not to exceed $4,500,000, even though the amount of the

 

 

HB5628- 57 -LRB100 16359 AXK 36050 b

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

 

 

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

 

 

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1    Notwithstanding the provisions of subsection (a) of this
2Section or of any other law, a school district that has availed
3itself of the provisions of this subsection (f) prior to July
422, 2004 (the effective date of Public Act 93-799) may also
5issue bonds approved by referendum up to an amount, including
6existing indebtedness, not exceeding 25% of the equalized
7assessed value of the taxable property in the district if all
8of the conditions set forth in items (1), (2), and (3) of this
9subsection (f) are met.
10    (g) Notwithstanding the provisions of subsection (a) of
11this Section or any other law, bonds in not to exceed an
12aggregate amount of 25% of the equalized assessed value of the
13taxable property of a school district and issued by a school
14district meeting the criteria in paragraphs (i) through (iv) of
15this subsection shall not be considered indebtedness for
16purposes of any statutory limitation and may be issued pursuant
17to resolution of the school board in an amount or amounts,
18including existing indebtedness, in excess of any statutory
19limitation of indebtedness heretofore or hereafter imposed:
20        (i) The bonds are issued for the purpose of
21    constructing a new high school building to replace two
22    adjacent existing buildings which together house a single
23    high school, each of which is more than 65 years old, and
24    which together are located on more than 10 acres and less
25    than 11 acres of property.
26        (ii) At the time the resolution authorizing the

 

 

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1    issuance of the bonds is adopted, the cost of constructing
2    a new school building to replace the existing school
3    building is less than 60% of the cost of repairing the
4    existing school building.
5        (iii) The sale of the bonds occurs before July 1, 1997.
6        (iv) The school district issuing the bonds is a unit
7    school district located in a county of less than 70,000 and
8    more than 50,000 inhabitants, which has an average daily
9    attendance of less than 1,500 and an equalized assessed
10    valuation of less than $29,000,000.
11    (h) Notwithstanding any other provisions of this Section or
12the provisions of any other law, until January 1, 1998, a
13community unit school district maintaining grades K through 12
14may issue bonds up to an amount, including existing
15indebtedness, not exceeding 27.6% of the equalized assessed
16value of the taxable property in the district, if all of the
17following conditions are met:
18        (i) The school district has an equalized assessed
19    valuation for calendar year 1995 of less than $24,000,000;
20        (ii) The bonds are issued for the capital improvement,
21    renovation, rehabilitation, or replacement of existing
22    school buildings of the district, all of which buildings
23    were originally constructed not less than 40 years ago;
24        (iii) The voters of the district approve a proposition
25    for the issuance of the bonds at a referendum held after
26    March 19, 1996; and

 

 

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

 

 

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

 

 

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

 

 

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1not exceeding 15% of the equalized assessed value of the
2taxable property in the district if all of the following
3conditions are met:
4        (i) the district has an equalized assessed valuation
5    for calendar year 1996 of less than $10,000,000;
6        (ii) the bonds are issued for capital improvement,
7    renovation, rehabilitation, or replacement of one or more
8    school buildings of the district, which buildings were
9    originally constructed not less than 70 years ago;
10        (iii) the voters of the district approve a proposition
11    for the issuance of the bonds at a referendum held on or
12    after March 17, 1998; and
13        (iv) the bonds are issued pursuant to Sections 19-2
14    through 19-7 of this Code.
15    (m) Notwithstanding any other provisions of this Section or
16the provisions of any other law, until January 1, 1999, an
17elementary school district maintaining grades K through 8 may
18issue bonds up to an amount, excluding existing indebtedness,
19not exceeding 18% of the equalized assessed value of the
20taxable property in the district, if all of the following
21conditions are met:
22        (i) The school district has an equalized assessed
23    valuation for calendar year 1995 or less than $7,700,000;
24        (ii) The school district operates 2 elementary
25    attendance centers that until 1976 were operated as the
26    attendance centers of 2 separate and distinct school

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    (p-10) Notwithstanding any other provisions of this
2Section or the provisions of any other law, bonds issued by a
3community consolidated school district maintaining grades K
4through 8 shall not be considered indebtedness for purposes of
5any statutory limitation and may be issued in an amount or
6amounts, including existing indebtedness, in excess of any
7heretofore or hereafter imposed statutory limitation as to
8indebtedness, if all of the following conditions are met:
9        (i) For each of the 4 most recent years, residential
10    and farm property comprises more than 80% of the equalized
11    assessed valuation of the district.
12        (ii) The bond proceeds are to be used to acquire and
13    improve school sites and build and equip a school building.
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 school sites and
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 20% 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-15) In addition to all other authority to issue bonds,

 

 

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1the Oswego Community Unit School District Number 308 may issue
2bonds with an aggregate principal amount not to exceed
3$450,000,000, but only if all of the following conditions are
4met:
5        (i) The voters of the district have approved a
6    proposition for the bond issue at the general election held
7    on November 7, 2006.
8        (ii) At the time of the sale of the bonds, the school
9    board determines, by resolution, that: (A) the building and
10    equipping of the new high school building, new junior high
11    school buildings, new elementary school buildings, early
12    childhood building, maintenance building, transportation
13    facility, and additions to existing school buildings, the
14    altering, repairing, equipping, and provision of
15    technology improvements to existing school buildings, and
16    the acquisition and improvement of school sites, as the
17    case may be, are required as a result of a projected
18    increase in the enrollment of students in the district; and
19    (B) the sale of bonds for these purposes is authorized by
20    legislation that exempts the debt incurred on the bonds
21    from the district's statutory debt limitation.
22        (iii) The bonds are issued, in one or more bond issues,
23    on or before November 7, 2011, but the aggregate principal
24    amount issued in all such bond issues combined must not
25    exceed $450,000,000.
26        (iv) The bonds are issued in accordance with this

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    must not exceed $7,500,000.
2        (4) The bonds are issued in accordance with this
3    Article.
4        (5) The proceeds of the bonds are used to accomplish
5    only those projects approved by the voters at the general
6    primary election held on February 2, 2010.
7    The debt incurred on any bonds issued under this subsection
8(p-90) shall not be considered indebtedness for purposes of any
9statutory debt limitation.
10    (p-95) In addition to all other authority to issue bonds,
11Monticello Community Unit School District 25 may issue bonds
12with an aggregate principal amount not to exceed $35,000,000,
13but only if all of the following conditions are met:
14        (1) The voters of the district approve a proposition
15    for the bond issuance at an election held on or after
16    November 4, 2014.
17        (2) Prior to the issuance of the bonds, the school
18    board determines, by resolution, that (i) the building and
19    equipping of a new school building is required as a result
20    of the age and condition of an existing school building 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, on
25    or before July 1, 2020, but the aggregate principal amount
26    issued in all such bond issuances combined must not exceed

 

 

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

 

 

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

 

 

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

 

 

HB5628- 90 -LRB100 16359 AXK 36050 b

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

 

 

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

 

 

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

 

 

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1    approving the issuance of the bonds, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $28,500,000.
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 November 8, 2016.
9    The debt incurred on any bonds issued under this subsection
10(p-120) and on any bonds issued to refund or continue to refund
11such bonds shall not be considered indebtedness for purposes of
12any statutory debt limitation. Bonds issued under this
13subsection (p-120) and any bonds issued to refund or continue
14to refund such bonds must mature within not to exceed 25 years
15from their date, notwithstanding any other law, including
16Section 19-3 of this Code, to the contrary.
17    (p-125) In addition to all other authority to issue bonds,
18Hillsboro Community Unit School District 3 may issue bonds with
19an aggregate principal amount not to exceed $34,500,000, but
20only if all the following conditions are met:
21        (1) The voters of the district approve a proposition
22    for the bond issuance at an election held on or after March
23    15, 2016.
24        (2) Prior to the issuance of the bonds, the school
25    board determines, by resolution, that (i) altering,
26    repairing, and equipping the high school

 

 

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1    agricultural/vocational building, demolishing the high
2    school main, cafeteria, and gym buildings, building and
3    equipping a school building, and improving sites are
4    required as a result of the age and condition of the
5    district's existing buildings and (ii) the issuance of
6    bonds is authorized by a 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 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 $34,500,000.
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-125) 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-125) and any bonds issued to refund or continue
24to refund such bonds must mature within not to exceed 25 years
25from their date, notwithstanding any other law, including
26Section 19-3 of this Code, to the contrary.

 

 

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

 

 

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1    of the age and condition of the district's existing
2    buildings and (ii) the debt is authorized by a statute that
3    exempts the debt from the district's statutory debt
4    limitation.
5        (4) The debt is incurred, in one or more issuances, not
6    later than January 1, 2021, and the aggregate principal
7    amount of debt issued in all such issuances combined must
8    not exceed $9,500,000.
9    The debt incurred under this subsection (p-130) and on any
10bonds issued to pay, refund, or continue to refund such debt
11shall not be considered indebtedness for purposes of any
12statutory debt limitation. Debt issued under this subsection
13(p-130) and any bonds issued to pay, refund, or continue to
14refund such debt must mature within not to exceed 25 years from
15their date, notwithstanding any other law, including Section
1619-11 of this Code and subsection (b) of Section 17 of the
17Local Government Debt Reform Act, to the contrary.
18    (p-133) (p-130) Notwithstanding the provisions of
19subsection (a) of this Section or of any other law, bonds
20heretofore or hereafter issued by East Prairie School District
2173 with an aggregate principal amount not to exceed $47,353,147
22and approved by the voters of the district at the general
23election held on November 8, 2016, and any bonds issued to
24refund or continue to refund the bonds, shall not be considered
25indebtedness for the purposes of any statutory debt limitation
26and may mature within not to exceed 25 years from their date,

 

 

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1notwithstanding any other law, including Section 19-3 of this
2Code, to the contrary.
3    (p-135) In addition to all other authority to issue bonds,
4Brookfield LaGrange Park School District Number 95 may issue
5bonds with an aggregate principal amount not to exceed
6$20,000,000, but only if all the following conditions are met:
7        (1) The voters of the district approve a proposition
8    for the bond issuance at an election held on or after April
9    4, 2017.
10        (2) Prior to the issuance of the bonds, the school
11    board determines, by resolution, that (i) the additions and
12    renovations to the Brook Park Elementary and S. E. Gross
13    Middle School buildings are required to accommodate
14    enrollment growth, replace outdated facilities, and create
15    spaces consistent with 21st century learning and (ii) the
16    issuance of the bonds is authorized by a statute that
17    exempts the debt incurred on the bonds from the district's
18    statutory debt limitation.
19        (3) The bonds are issued, in one or more issuances, not
20    later than 5 years after the date of the referendum
21    approving the issuance of the bonds, but the aggregate
22    principal amount issued in all such bond issuances combined
23    must not exceed $20,000,000.
24        (4) The bonds are issued in accordance with this
25    Article.
26        (5) The proceeds of the bonds are used to accomplish

 

 

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1    only those projects approved by the voters at an election
2    held on or after April 4, 2017.
3        The debt incurred on any bonds issued under this
4    subsection (p-135) and on any bonds issued to refund or
5    continue to refund such bonds shall not be considered
6    indebtedness for purposes of any statutory debt
7    limitation.
8    (q) A school district must notify the State Board of
9Education prior to issuing any form of long-term or short-term
10debt that will result in outstanding debt that exceeds 75% of
11the debt limit specified in this Section or any other provision
12of law.
13(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
1499-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.
158-5-16; 99-926, eff. 1-20-17, 100-503, eff. 6-1-18; 100-531,
16eff. 9-22-17; revised 11-6-17.)
 
17    Section 20. The School Construction Law is amended by
18changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-35,
195-50, and 5-100 and by adding Section 5-450 as follows:
 
20    (105 ILCS 230/5-5)
21    Sec. 5-5. Definitions. As used in this Article:
22    "Approved school construction bonds" mean bonds that were
23approved by referendum after January 1, 1996 but prior to
24January 1, 1998 as provided in Sections 19-2 through 19-7 of

 

 

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1the School Code to provide funds for the acquisition,
2development, construction, reconstruction, rehabilitation,
3improvement, architectural planning, and installation of
4capital facilities consisting of buildings, structures,
5durable-equipment, and land for educational purposes.
6    "Grant index" means a figure for each school district equal
7to one minus the ratio of the district's equalized assessed
8valuation per pupil in average daily attendance to the
9equalized assessed valuation per pupil in average daily
10attendance of the district located at the 90th percentile for
11all districts of the same category. For the purpose of
12calculating the grant index, school districts are grouped into
133 2 categories, Category I, and Category II, and Category III.
14Category I consists of elementary and unit school districts.
15The equalized assessed valuation per pupil in average daily
16attendance of each school district in Category I shall be
17computed using its grades kindergarten through 8 average daily
18attendance figure. A unit school district's Category I grant
19index shall be used for projects or portions of projects
20constructed for elementary school pupils. Category II consists
21of high school and unit school districts. The equalized
22assessed valuation per pupil in average daily attendance of
23each school district in Category II shall be computed using its
24grades 9 through 12 average daily attendance figure. Category
25III consists of unit school districts. The equalized assessed
26valuation per pupil in average daily attendance of each school

 

 

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1district in Category III shall be computed using its grades
2kindergarten through 12 average daily attendance figure. A unit
3school district's Category II grant index shall be used for
4projects or portions of projects constructed for high school
5pupils. The changes made by this amendatory Act of the 92nd
6General Assembly apply to all grants made on or after the
7effective date of this amendatory Act, provided that for grants
8not yet made on the effective date of this amendatory Act but
9made in fiscal year 2001 and for grants made in fiscal year
102002, the grant index for a school district shall be the
11greater of (i) the grant index as calculated under this Law on
12or after the effective date of this amendatory Act or (ii) the
13grant index as calculated under this Law before the effective
14date of this amendatory Act. The grant index shall be no less
15than 0.35 and no greater than 0.75 for each district; provided
16that the grant index for districts whose equalized assessed
17valuation per pupil in average daily attendance is at the 99th
18percentile and above for all districts of the same type shall
19be 0.00.
20    The grant index shall be calculated for each of those
21school districts forming a reorganized school district or
22cooperative high school if one or more of the following happen
23within the current or prior 2 fiscal years:
24        (1) a new school district is created in accordance with
25    Article 11E of the School Code;
26        (2) an existing school district annexes all of the

 

 

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1    territory of one or more entire other school districts in
2    accordance with Article 7 of the School Code; or
3        (3) a cooperative high school is formed in accordance
4    with Section 10-22.22c of the School Code.
5The average grant index of those school districts shall be used
6as the grant index for the newly reorganized district or
7cooperative high school.
8    "School construction project" means the acquisition,
9development, construction, reconstruction, rehabilitation,
10improvement, architectural planning, and installation of
11capital facilities consisting of buildings, structures,
12durable equipment, and land for educational purposes.
13    "School district" means a school district or a Type 40 area
14vocational center that is jointly owned if the joint agreement
15includes language that specifies how the debt obligation is to
16be paid, including in the event that an entity withdraws from
17the joint agreement.
18    "School district" includes a cooperative high school,
19which shall be considered a high school district for the
20purpose of calculating its grant index.
21    "School maintenance project" means a project, other than a
22school construction project, intended to provide for the
23maintenance or upkeep of buildings or structures for
24educational purposes, but does not include ongoing operational
25costs.
26(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
 

 

 

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1    (105 ILCS 230/5-10)
2    Sec. 5-10. Grant awards. The Capital Development Board is
3authorized to make grants to school districts for school
4construction projects with funds appropriated by the General
5Assembly from the School Infrastructure Fund or the School
6Construction Fund pursuant to the provisions of this Article.
7The State Board of Education is authorized to make grants to
8school districts for debt service with funds appropriated by
9the General Assembly from the School Infrastructure Fund
10pursuant to the provisions of this Article.
11(Source: P.A. 90-548, eff. 1-1-98.)
 
12    (105 ILCS 230/5-15)
13    Sec. 5-15. Grant priority order and calculation of grant
14index entitlements. Upon the appropriation of funds by the
15General Assembly from the School Infrastructure Fund or School
16Construction Fund and approval of a bond issuance for school
17construction project grants and upon the release of the
18appropriated funds to the Capital Development Board pursuant to
19the provisions of this Law, the The State Board of Education is
20authorized to open a school construction application cycle
21issue grant entitlements for school construction projects and
22debt service and shall determine the priority order for school
23construction project grants to be made by the Capital
24Development Board. For construction projects that have not been

 

 

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1started before the effective date of this amendatory Act of the
2100th General Assembly, the approval of the application,
3priority order, and grant indexes shall be determined, within
4the opened application cycle, as established by the State Board
5of Education. A school district that has an application for a
6school construction project grant on file with the State Board
7of Education on the effective date of this amendatory Act of
8the 100th General Assembly must reapply when an application
9cycle is opened by the State Board of Education under this
10amendatory Act of the 100th General Assembly to be considered
11for a school construction project grant.
12    The When issuing a grant entitlement for a school
13construction project, the Capital Development Board, as a part
14of that entitlement, shall certify to a school the district
15receiving the entitlement the dollar amount of the school
16construction project's cost that the district will be required
17to finance with non-grant funds in order to qualify to receive
18a school construction project grant under this Article from the
19Capital Development Board.
20    A grant award may be issued only to the extent that the
21appropriation and release of funds have been exhausted. A
22school district that does not receive a grant award must submit
23a new application during the next application period to be
24considered for another grant award.
25(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 

 

 

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1    (105 ILCS 230/5-20)
2    Sec. 5-20. Grant application; district facilities plan.
3School districts shall apply to the State Board of Education
4for school construction project grants and debt service grants.
5Districts filing grant applications shall submit to the State
6Board a district facilities plan that shall include, but not be
7limited to, an assessment of present and future district
8facility needs as required by present and anticipated
9educational programming, the availability of local financial
10resources including current revenues, fund balances, and
11unused bonding capacity, a fiscal plan for meeting present and
12anticipated debt service obligations, and a maintenance plan
13and schedule that contain necessary assurances that new,
14renovated, and existing facilities are being or will be
15properly maintained. If a district that applies for a school
16construction project grant has no unused bonding capacity or if
17its unused bonding capacity may be less than the portion of the
18cost of the proposed school construction project that the
19district would be required to finance with non-grant funds, the
20amount certified by the Capital Development Board under Section
215-15 of this Law application and facilities plan submitted by
22the district shall set forth the estimated amount of the
23project's cost that the district proposes to finance by the
24issuance of bonds under subsection (n) of Section 19-1 of the
25School Code. The State Board of Education shall review and
26approve district facilities plans prior to prioritizing the

 

 

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1applications issuing grant entitlements. Each district that
2receives a grant entitlement shall annually update its district
3facilities plan and submit the revised plan to the State Board
4for approval.
5(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 
6    (105 ILCS 230/5-25)
7    Sec. 5-25. Eligibility and project standards.
8    (a) The State Board of Education shall establish
9eligibility standards for school construction project grants
10and debt service grants. With the exception of school
11construction project grants awarded under item (1) of Section
125-30 of this Law, these These standards shall include minimum
13enrollment requirements for eligibility for school
14construction project grants of 450 200 students for elementary
15districts, 200 students for high school districts, and 650 400
16students for unit districts. The total enrollment of member
17districts forming a cooperative high school in accordance with
18subsection (c) of Section 10-22.22 of the School Code shall
19meet the minimum enrollment requirements specified in this
20subsection (a). The State Board of Education shall approve a
21district's eligibility for a school construction project grant
22or a debt service grant pursuant to the established standards.
23    For purposes only of determining a Type 40 area vocational
24center's eligibility for an entity included in a school
25construction project grant or a school maintenance project

 

 

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1grant, an area vocational center shall be deemed eligible if
2one or more of its member school districts satisfy the grant
3index criteria set forth in this Law. A Type 40 area vocational
4center that makes application for school construction funds
5after August 25, 2009 (the effective date of Public Act 96-731)
6shall be placed on the respective application cycle list. Type
740 area vocational centers must be placed last on the priority
8listing of eligible entities for the applicable fiscal year.
9    (b) The Capital Development Board shall establish project
10standards for all school construction project grants provided
11pursuant to this Article. These standards shall include space
12and capacity standards as well as the determination of
13recognized project costs that shall be eligible for State
14financial assistance and enrichment costs that shall not be
15eligible for State financial assistance.
16    (c) The State Board of Education and the Capital
17Development Board shall not establish standards that
18disapprove or otherwise establish limitations that restrict
19the eligibility of (i) a school district with a population
20exceeding 500,000 for a school construction project grant based
21on the fact that any or all of the school construction project
22grant will be used to pay debt service or to make lease
23payments, as authorized by subsection (b) of Section 5-35 of
24this Law, (ii) a school district located in whole or in part in
25a county that imposes a tax for school facility purposes
26pursuant to Section 5-1006.7 of the Counties Code, or (iii) a

 

 

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1school district that (1) was organized prior to 1860 and (2) is
2located in part in a city originally incorporated prior to
31840, based on the fact that all or a part of the school
4construction project is owned by a public building commission
5and leased to the school district or the fact that any or all
6of the school construction project grant will be used to pay
7debt service or to make lease payments.
8    (d) (Blank). A reorganized school district or cooperative
9high school may use a school construction application that was
10submitted by a school district that formed the reorganized
11school district or cooperative high school if that application
12has not been entitled for a project by the State Board of
13Education and any one or more of the following happen within
14the current or prior 4 fiscal years:
15        (1) a new school district is created in accordance with
16    Article 11E of the School Code;
17        (2) an existing school district annexes all of the
18    territory of one or more other school districts in
19    accordance with Article 7 of the School Code; or
20        (3) a cooperative high school is formed in accordance
21    with subsection (c) of Section 10-22.22 of the School Code.
22A new elementary district formed from a school district
23conversion, as defined in Section 11E-15 of the School Code,
24may use only the application of the dissolved district whose
25territory is now included in the new elementary district and
26must obtain the written approval of the local school board of

 

 

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1any other school district that includes territory from that
2dissolved district. A new high school district formed from a
3school district conversion, as defined in Section 11E-15 of the
4School Code, may use only the application of any dissolved
5district whose territory is now included in the new high school
6district, but only after obtaining the written approval of the
7local school board of any other school district that includes
8territory from that dissolved district. A cooperative high
9school using this Section must obtain the written approval of
10the local school board of the member school district whose
11application it is using. All other eligibility and project
12standards apply to this Section.
13(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
1496-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
158-20-10; 97-232, eff. 7-28-11; 97-333, eff. 8-12-11.)
 
16    (105 ILCS 230/5-30)
17    Sec. 5-30. Priority of school construction projects. The
18State Board of Education shall develop standards for the
19determination of priority needs concerning school construction
20projects based upon approved district facilities plans. Such
21standards shall call for prioritization based on the degree of
22need and project type in the following order:
23        (1) Replacement or reconstruction of school buildings
24    destroyed or damaged by flood, tornado, fire, earthquake,
25    mine subsidence, or other disasters, either man-made or

 

 

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1    produced by nature;
2        (2) Projects designed to alleviate a shortage of
3    classrooms due to population growth; replacement,
4    rehabilitation, or reconstruction of school facilities
5    determined to be severe and continuing health or life
6    safety hazards; or projects designed to replace or
7    rehabilitate aging school buildings;
8        (3) Projects resulting from interdistrict
9    reorganization of school districts contingent on local
10    referenda;
11        (4) Replacement, rehabilitation, or reconstruction of
12    school facilities determined to be severe and continuing
13    health or life safety hazards;
14        (4) (5) Alterations necessary to provide accessibility
15    for qualified individuals with disabilities; and
16        (5) (6) Other unique solutions to facility needs.
17Except for those changes absolutely necessary to comply with
18the changes made to subsection (c) of Section 5-25 of this Law
19by Public Act 96-37, the State Board of Education may not make
20any material changes to the standards in effect on May 18,
212004, unless the State Board of Education is specifically
22authorized by law.
23(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
2496-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
 
25    (105 ILCS 230/5-35)

 

 

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1    Sec. 5-35. School construction project grant amounts;
2permitted use; prohibited use.
3    (a) The product of the district's grant index and the
4recognized project cost, as determined by the Capital
5Development Board, for an approved school construction project
6shall equal the amount of the grant the Capital Development
7Board shall provide to the eligible district. The grant index
8shall not be used in cases where the General Assembly and the
9Governor approve appropriations designated for specifically
10identified school district construction projects.
11    The average of the grant indexes of the member districts in
12a joint agreement shall be used to calculate the amount of a
13school construction project grant awarded to an eligible Type
1440 area vocational center.
15    (b) In each fiscal year in which school construction
16project grants are awarded, 20% of the total amount awarded
17statewide shall be awarded to a school district with a
18population exceeding 500,000, provided such district complies
19with the provisions of this Article.
20    In addition to the uses otherwise authorized by this Law,
21any school district with a population exceeding 500,000 is
22authorized to use any or all of the school construction project
23grants (i) to pay debt service, as defined in the Local
24Government Debt Reform Act, on bonds, as defined in the Local
25Government Debt Reform Act, issued to finance one or more
26school construction projects and (ii) to the extent that any

 

 

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1such bond is a lease or other installment or financing contract
2between the school district and a public building commission
3that has issued bonds to finance one or more qualifying school
4construction projects, to make lease payments under the lease.
5    (b-3) The State Board of Education Capital Development
6Board shall make payment in an amount equal to 20% of each
7amount deposited into the School Infrastructure Fund pursuant
8to subsection (b-5) of Section 6z-45 of the State Finance Act
9to the Board of Education of the City of Chicago within 10 days
10after such deposit. The Board of Education of the City of
11Chicago shall use such moneys received (i) for application to
12the costs of a school construction project, (ii) to pay debt
13service on bonds, as those terms are defined in the Local
14Government Debt Reform Act, that are issued to finance one or
15more school construction projects, and (iii) to the extent that
16any such bond is a lease or other installment or financing
17contract between the school district and a public building
18commission that has issued bonds to finance one or more
19qualifying school construction projects, to make lease
20payments under the lease. The Board of Education of the City of
21Chicago shall submit quarterly to the State Capital Development
22Board documentation sufficient to establish that this money is
23being used as authorized by this Section. The State Capital
24Development Board may withhold payments if the documentation is
25not provided. Upon appropriation of funds by the General
26Assembly, the The remaining 80% of each such deposit shall be

 

 

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1applied and the State Board shall make payments in accordance
2with the provisions of Section 5-100 of this Law subsection (a)
3of this Section; however, no portion of this remaining 80%
4shall be awarded to a school district with a population of more
5than 500,000.
6    (b-5) In addition to the uses otherwise authorized by this
7Law, any school district that (1) was organized prior to 1860
8and (2) is located in part in a city originally incorporated
9prior to 1840 is authorized to use any or all of the school
10construction project grants (i) to pay debt service on bonds,
11as those terms are defined in the Local Government Debt Reform
12Act, that are issued to finance one or more school construction
13projects and (ii) to the extent that any such bond is a lease
14or other installment or financing contract between the school
15district and a public building commission that has issued bonds
16to finance one or more qualifying school construction projects,
17to make lease payments under the lease.
18    (c) No portion of a school construction project grant
19awarded by the Capital Development Board shall be used by a
20school district for any on-going operational costs.
21(Source: P.A. 98-18, eff. 6-7-13.)
 
22    (105 ILCS 230/5-50)
23    Sec. 5-50. Referendum requirements. After the State Board
24of Education has approved all or part of a district's
25application and issued a grant index entitlement for a school

 

 

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1construction project grant, the district shall submit the
2project or the financing of the project to a referendum when
3such referendum is required by law, except for a project
4financed by bonds issued pursuant to subsection (p-70) of
5Section 19-1 of the School Code.
6(Source: P.A. 96-1438, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
7    (105 ILCS 230/5-100)
8    Sec. 5-100. School maintenance project grants.
9    (a) The State Board of Education is authorized to make
10grants to school districts and special education cooperatives
11established by school districts, without regard to enrollment,
12for school maintenance projects. These grants shall be paid out
13of moneys transferred, pursuant to subsection (b-5) of Section
146z-45 of the State Finance Act, appropriated for that purpose
15from the School Infrastructure Fund. No grant under this
16Section for one fiscal year shall exceed $150,000 $50,000, but
17a school district or special education cooperative may receive
18grants for more than one project during one fiscal year. A
19school district or special education cooperative must provide
20local matching funds in an amount equal to the amount of the
21grant under this Section. A school district or special
22education cooperative has no entitlement to a grant under this
23Section.
24    (b) The State Board of Education shall adopt rules to
25implement this Section. These rules need not be the same as the

 

 

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1rules for school construction project grants or debt service
2grants.
3    The rules may specify: (1) the manner of applying for
4grants; (2) project eligibility requirements; (3) restrictions
5on the use of grant moneys; (4) the manner in which school
6districts and special education cooperatives must account for
7the use of grant moneys; and (5) any other provision that the
8State Board determines to be necessary or useful for the
9administration of this Section.
10    The rules shall specify the methods and standards to be
11used by the State Board to prioritize applications. School
12maintenance projects shall be prioritized in the following
13order:
14        (i) emergency projects;
15        (ii) health/life safety projects;
16        (iii) non-health/life safety and facility maintenance
17    projects, energy efficiency projects, facility security
18    projects, remodeling projects, accessibility projects, or
19    technology needs; and State Program priority projects;
20        (iv) other projects related to facilities. permanent
21    improvement projects; and
22        (v) other projects.
23    (c) In each school year in which school maintenance project
24grants are awarded, no portion of the funds transferred to the
25School Infrastructure Fund for purposes used under this Section
26may be 20% of the total amount awarded shall be awarded to a

 

 

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1school district with a population of more than 500,000,
2provided that the school district complies with the
3requirements of this Section and the rules adopted under this
4Section.
5(Source: P.A. 98-710, eff. 7-16-14.)
 
6    (105 ILCS 230/5-450 new)
7    Sec. 5-450. Exemption from the Grant Accountability and
8Transparency Act. Projects that receive grants under this Law
9are exempt from the Grant Accountability and Transparency Act
10based on the longstanding integrity of this Law's programs, the
11unique nature of multi-year projects under this Law, required
12quarterly reports, this Law's statutory and regulatory
13framework regarding the selection and prioritization of
14grantees, the formulas involved in the determination of grant
15amounts, the expenditure of grant funds, and the lack of
16federal oversight.
 
17    (105 ILCS 230/5-37 rep.)
18    (105 ILCS 230/5-38 rep.)
19    (105 ILCS 230/5-45 rep.)
20    (105 ILCS 230/5-57 rep.)
21    Section 25. The School Construction Law is amended by
22repealing Sections 5-37, 5-38, 5-45, and 5-57.
 
23    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.