Rep. JoAnn D. Osmond

Filed: 3/7/2013

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 160

2    AMENDMENT NO. ______. Amend House Bill 160 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
517-2A as follows:
 
6    (105 ILCS 5/17-2A)  (from Ch. 122, par. 17-2A)
7    Sec. 17-2A. Interfund Transfers.
8    (a) The school board of any district having a population of
9less than 500,000 inhabitants may, by proper resolution
10following a public hearing set by the school board or the
11president of the school board (that is preceded (i) by at least
12one published notice over the name of the clerk or secretary of
13the board, occurring at least 7 days and not more than 30 days
14prior to the hearing, in a newspaper of general circulation
15within the school district and (ii) by posted notice over the
16name of the clerk or secretary of the board, at least 48 hours

 

 

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1before the hearing, at the principal office of the school board
2or at the building where the hearing is to be held if a
3principal office does not exist, with both notices setting
4forth the time, date, place, and subject matter of the
5hearing), transfer money from (1) the Educational Fund to the
6Operations and Maintenance Fund or the Transportation Fund, (2)
7the Operations and Maintenance Fund to the Educational Fund or
8the Transportation Fund, or (3) the Transportation Fund to the
9Educational Fund or the Operations and Maintenance Fund of said
10district, provided that, except during the period from July 1,
112003 through June 30, 2016 2013, such transfer is made solely
12for the purpose of meeting one-time, non-recurring expenses.
13Except during the period from July 1, 2003 through June 30,
142016 and except as otherwise provided in subsection (b) of this
15Section 2013, any other permanent interfund transfers
16authorized by any provision or judicial interpretation of this
17Code for which the transferee fund is not precisely and
18specifically set forth in the provision of this Code
19authorizing such transfer shall be made to the fund of the
20school district most in need of the funds being transferred, as
21determined by resolution of the school board.
22     (b) Notwithstanding subsection (a) of this Section or any
23other provision of this Code to the contrary, the school board
24of any school district (i) that is subject to the Property Tax
25Extension Limitation Law, (ii) that has a population of less
26than 500,000 inhabitants, (iii) that is levying at its maximum

 

 

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1tax rate, (iv) whose total equalized assessed valuation has
2declined 20% in the prior 2 years, (v) in which 80% or more of
3its students receive free or reduced-price lunch, and (vi) that
4had an equalized assessed valuation of less than $207 million
5but more than $203 million in the 2011 levy year may annually,
6until July 1, 2016, transfer money from any fund of the
7district, other than the Illinois Municipal Retirement Fund and
8the Bonds and Interest Fund, to the educational fund, the
9operations and maintenance fund, or the transportation fund of
10the district by proper resolution following a public hearing
11set by the school board or the president of the school board,
12with notice as provided in subsection (a) of this Section, so
13long as the district meets the qualifications set forth in this
14subsection (b) on the effective date of this amendatory Act of
15the 98th General Assembly even if the district does not meet
16those qualifications at the time a given transfer is made.
17(Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)
 
18    Section 10. The Tort Liability of Schools Act is amended by
19adding Section 9.5 as follows:
 
20    (745 ILCS 25/9.5 new)
21    Sec. 9.5. Tort immunity fund transfers. Notwithstanding
22any provision of the School Code to the contrary, if a school
23board determines that there are educational needs that will go
24unmet because of a lack of funds in the district's educational,

 

 

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1operations and maintenance, and transportation funds, that
2there exists a sufficient fund balance in the district's tort
3immunity fund to meet those educational needs, and that a
4transfer will not cause the district to realize increased tort
5exposure, then the school board of any school district (i) that
6is subject to the Property Tax Extension Limitation Law, (ii)
7that has a population of less than 500,000 inhabitants, (iii)
8that is levying at its maximum tax rate, (iv) whose total
9equalized assessed valuation has declined 20% in the prior 2
10years, (v) in which 80% or more of its students receive free or
11reduced-price lunch, and (vi) that had an equalized assessed
12valuation of less than $207 million but more than $203 million
13in the 2011 levy year may annually, until July 1, 2016,
14transfer money from the tort immunity fund of the district to
15the educational fund, the operations and maintenance fund, or
16the transportation fund of the district by proper resolution
17following a public hearing set by the school board or the
18president of the school board, with notice as provided in
19subsection (a) of Section 17-2A of the School Code, so long as
20the district meets the qualifications set forth in this Section
21on the effective date of this amendatory Act of the 98th
22General Assembly even if the district does not meet those
23qualifications at the time a given transfer is made.".