HB0160 98TH GENERAL ASSEMBLY

LRB098 02682 NHT 32916 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB0160

Introduced 1/16/2013, by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

105 ILCS 5/17-2A

from Ch. 122, par. 17-2A

Amends the School Code. In a Section concerning interfund transfers, extends the time period during which a school district other than the Chicago school district may transfer moneys from specified funds for any purpose from June 30, 2013 to June 30, 2016. Allows the school board of any school district (i) that is subject to the Property Tax Extension Limitation Law, (ii) that has a population of less than 500,000 inhabitants, (iii) that is levying at its maximum tax rate, (iv) whose total equalized assessed valuation has declined 25% in the prior 2 years, and (v) in which 75% or more of its students receive free or reduced-price lunch to annually transfer money from any fund of the district to any other fund of the district by proper resolution following a public hearing set by the school board or the president of the school board, with notice, so long as the district meets the qualifications set forth in this provision at the time a given transfer is made.

A BILL FOR

AN ACT concerning education.

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

Section 5. The School Code is amended by changing Section 17-2A as follows:

(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)

Sec. 17-2A. Interfund Transfers.

(a) The school board of any district having a population of less than 500,000 inhabitants may, by proper resolution following a public hearing set by the school board or the president of the school board (that is preceded (i) by at least one published notice over the name of the clerk or secretary of the board, occurring at least 7 days and not more than 30 days prior to the hearing, in a newspaper of general circulation within the school district and (ii) by posted notice over the name of the clerk or secretary of the board, at least 48 hours before the hearing, at the principal office of the school board or at the building where the hearing is to be held if a principal office does not exist, with both notices setting forth the time, date, place, and subject matter of the hearing), transfer money from (1) the Educational Fund to the Operations and Maintenance Fund or the Transportation Fund, (2) the Operations and Maintenance Fund to the Educational Fund or the Transportation Fund, or (3) the Transportation Fund to the Educational Fund or the Operations and Maintenance Fund of said district, provided that, except during the period from July 1, 2003 through June 30, 2016 2013, such transfer is made solely for the purpose of meeting one-time, non-recurring expenses. Except during the period from July 1, 2003 through June 30, 2016 and except as otherwise provided in subsection (b) of this Section 2013, any other permanent interfund transfers authorized by any provision or judicial interpretation of this Code for which the transferee fund is not precisely and specifically set forth in the provision of this Code authorizing such transfer shall be made to the fund of the school district most in need of the funds being transferred, as determined by resolution of the school board.

(b) Notwithstanding subsection (a) of this Section or any other provision of this Code to the contrary, the school board of any school district (i) that is subject to the Property Tax Extension Limitation Law, (ii) that has a population of less than 500,000 inhabitants, (iii) that is levying at its maximum tax rate, (iv) whose total equalized assessed valuation has declined 25% in the prior 2 years, and (v) in which 75% or more of its students receive free or reduced-price lunch may annually transfer money from any fund of the district to any other fund of the district by proper resolution following a public hearing set by the school board or the president of the school board, with notice as provided in subsection (a) of this Section, so long as the district meets the qualifications set forth in this subsection (b) at the time a given transfer is made.

(Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)