Illinois General Assembly - Full Text of HB0003
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Full Text of HB0003  98th General Assembly


Rep. Linda Chapa LaVia

Filed: 2/20/2013





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2    AMENDMENT NO. ______. Amend House Bill 3 on page 1, lines 4
3and 5, by replacing "Section 17-2A" with "Sections 17-2.11 and
417-2A"; and
5on page 1, immediately below line 5, by inserting the
7    "(105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
8    Sec. 17-2.11. School board power to levy a tax or to borrow
9money and issue bonds for fire prevention, safety, energy
10conservation, disabled accessibility, school security, and
11specified repair purposes.
12    (a) Whenever, as a result of any lawful order of any
13agency, other than a school board, having authority to enforce
14any school building code applicable to any facility that houses
15students, or any law or regulation for the protection and
16safety of the environment, pursuant to the Environmental



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1Protection Act, any school district having a population of less
2than 500,000 inhabitants is required to alter or reconstruct
3any school building or permanent, fixed equipment; the district
4may, by proper resolution, levy a tax for the purpose of making
5such alteration or reconstruction, based on a survey report by
6an architect or engineer licensed in this State, upon all of
7the taxable property of the district at the value as assessed
8by the Department of Revenue and at a rate not to exceed 0.05%
9per year for a period sufficient to finance such alteration or
10reconstruction, upon the following conditions:
11        (1) When there are not sufficient funds available in
12    the operations and maintenance fund of the school district,
13    the school facility occupation tax fund of the district, or
14    the fire prevention and safety fund of the district, as
15    determined by the district on the basis of rules adopted by
16    the State Board of Education, to make such alteration or
17    reconstruction or to purchase and install such permanent,
18    fixed equipment so ordered or determined as necessary.
19    Appropriate school district records must be made available
20    to the State Superintendent of Education, upon request, to
21    confirm this insufficiency.
22        (2) When a certified estimate of an architect or
23    engineer licensed in this State stating the estimated
24    amount necessary to make the alteration or reconstruction
25    or to purchase and install the equipment so ordered has
26    been secured by the school district, and the estimate has



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1    been approved by the regional superintendent of schools
2    having jurisdiction over the district and the State
3    Superintendent of Education. Approval must not be granted
4    for any work that has already started without the prior
5    express authorization of the State Superintendent of
6    Education. If the estimate is not approved or is denied
7    approval by the regional superintendent of schools within 3
8    months after the date on which it is submitted to him or
9    her, the school board of the district may submit the
10    estimate directly to the State Superintendent of Education
11    for approval or denial.
12    In the case of an emergency situation, where the estimated
13cost to effectuate emergency repairs is less than the amount
14specified in Section 10-20.21 of this Code, the school district
15may proceed with such repairs prior to approval by the State
16Superintendent of Education, but shall comply with the
17provisions of subdivision (2) of this subsection (a) as soon
18thereafter as may be as well as Section 10-20.21 of this Code.
19If the estimated cost to effectuate emergency repairs is
20greater than the amount specified in Section 10-20.21 of this
21Code, then the school district shall proceed in conformity with
22Section 10-20.21 of this Code and with rules established by the
23State Board of Education to address such situations. The rules
24adopted by the State Board of Education to deal with these
25situations shall stipulate that emergency situations must be
26expedited and given priority consideration. For purposes of



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1this paragraph, an emergency is a situation that presents an
2imminent and continuing threat to the health and safety of
3students or other occupants of a facility, requires complete or
4partial evacuation of a building or part of a building, or
5consumes one or more of the 5 emergency days built into the
6adopted calendar of the school or schools or would otherwise be
7expected to cause such school or schools to fall short of the
8minimum school calendar requirements.
9    (b) Whenever any such district determines that it is
10necessary for energy conservation purposes that any school
11building or permanent, fixed equipment should be altered or
12reconstructed and that such alterations or reconstruction will
13be made with funds not necessary for the completion of approved
14and recommended projects contained in any safety survey report
15or amendments thereto authorized by Section 2-3.12 of this Act;
16the district may levy a tax or issue bonds as provided in
17subsection (a) of this Section.
18    (c) Whenever any such district determines that it is
19necessary for disabled accessibility purposes and to comply
20with the school building code that any school building or
21equipment should be altered or reconstructed and that such
22alterations or reconstruction will be made with funds not
23necessary for the completion of approved and recommended
24projects contained in any safety survey report or amendments
25thereto authorized under Section 2-3.12 of this Act, the
26district may levy a tax or issue bonds as provided in



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1subsection (a) of this Section.
2    (d) Whenever any such district determines that it is
3necessary for school security purposes and the related
4protection and safety of pupils and school personnel that any
5school building or property should be altered or reconstructed
6or that security systems and equipment (including but not
7limited to intercom, early detection and warning, access
8control and television monitoring systems) should be purchased
9and installed, and that such alterations, reconstruction or
10purchase and installation of equipment will be made with funds
11not necessary for the completion of approved and recommended
12projects contained in any safety survey report or amendment
13thereto authorized by Section 2-3.12 of this Act and will deter
14and prevent unauthorized entry or activities upon school
15property by unknown or dangerous persons, assure early
16detection and advance warning of any such actual or attempted
17unauthorized entry or activities and help assure the continued
18safety of pupils and school staff if any such unauthorized
19entry or activity is attempted or occurs; the district may levy
20a tax or issue bonds as provided in subsection (a) of this
22    (e) If a school district does not need funds for other fire
23prevention and safety projects, including the completion of
24approved and recommended projects contained in any safety
25survey report or amendments thereto authorized by Section
262-3.12 of this Act, and it is determined after a public hearing



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1(which is preceded by at least one published notice (i)
2occurring at least 7 days prior to the hearing in a newspaper
3of general circulation within the school district and (ii)
4setting forth the time, date, place, and general subject matter
5of the hearing) that there is a substantial, immediate, and
6otherwise unavoidable threat to the health, safety, or welfare
7of pupils due to disrepair of school sidewalks, playgrounds,
8parking lots, or school bus turnarounds and repairs must be
9made; then the district may levy a tax or issue bonds as
10provided in subsection (a) of this Section.
11    (f) For purposes of this Section a school district may
12replace a school building or build additions to replace
13portions of a building when it is determined that the
14effectuation of the recommendations for the existing building
15will cost more than the replacement costs. Such determination
16shall be based on a comparison of estimated costs made by an
17architect or engineer licensed in the State of Illinois. The
18new building or addition shall be equivalent in area (square
19feet) and comparable in purpose and grades served and may be on
20the same site or another site. Such replacement may only be
21done upon order of the regional superintendent of schools and
22the approval of the State Superintendent of Education.
23    (g) The filing of a certified copy of the resolution
24levying the tax when accompanied by the certificates of the
25regional superintendent of schools and State Superintendent of
26Education shall be the authority of the county clerk to extend



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1such tax.
2    (h) The county clerk of the county in which any school
3district levying a tax under the authority of this Section is
4located, in reducing raised levies, shall not consider any such
5tax as a part of the general levy for school purposes and shall
6not include the same in the limitation of any other tax rate
7which may be extended.
8    Such tax shall be levied and collected in like manner as
9all other taxes of school districts, subject to the provisions
10contained in this Section.
11    (i) The tax rate limit specified in this Section may be
12increased to .10% upon the approval of a proposition to effect
13such increase by a majority of the electors voting on that
14proposition at a regular scheduled election. Such proposition
15may be initiated by resolution of the school board and shall be
16certified by the secretary to the proper election authorities
17for submission in accordance with the general election law.
18    (j) When taxes are levied by any school district for fire
19prevention, safety, energy conservation, and school security
20purposes as specified in this Section, and the purposes for
21which the taxes have been levied are accomplished and paid in
22full, and there remain funds on hand in the Fire Prevention and
23Safety Fund from the proceeds of the taxes levied, including
24interest earnings thereon, the school board by resolution shall
25use such excess and other board restricted funds, excluding
26bond proceeds and earnings from such proceeds, as follows:



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1        (1) for other authorized fire prevention, safety,
2    energy conservation, and school security purposes; or
3        (2) for transfer to the Operations and Maintenance Fund
4    for the purpose of abating an equal amount of operations
5    and maintenance purposes taxes.
6Notwithstanding subdivision (2) of this subsection (j) and
7subsection (k) of this Section, through June 30, 2016 2013, the
8school board may, by proper resolution following a public
9hearing set by the school board or the president of the school
10board (that is preceded (i) by at least one published notice
11over the name of the clerk or secretary of the board, occurring
12at least 7 days and not more than 30 days prior to the hearing,
13in a newspaper of general circulation within the school
14district and (ii) by posted notice over the name of the clerk
15or secretary of the board, at least 48 hours before the
16hearing, at the principal office of the school board or at the
17building where the hearing is to be held if a principal office
18does not exist, with both notices setting forth the time, date,
19place, and subject matter of the hearing), transfer surplus
20life safety taxes and interest earnings thereon to the
21Operations and Maintenance Fund for building repair work.
22    (k) If any transfer is made to the Operation and
23Maintenance Fund, the secretary of the school board shall
24within 30 days notify the county clerk of the amount of that
25transfer and direct the clerk to abate the taxes to be extended
26for the purposes of operations and maintenance authorized under



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1Section 17-2 of this Act by an amount equal to such transfer.
2    (l) If the proceeds from the tax levy authorized by this
3Section are insufficient to complete the work approved under
4this Section, the school board is authorized to sell bonds
5without referendum under the provisions of this Section in an
6amount that, when added to the proceeds of the tax levy
7authorized by this Section, will allow completion of the
8approved work.
9    (m) Any bonds issued pursuant to this Section shall bear
10interest at a rate not to exceed the maximum rate authorized by
11law at the time of the making of the contract, shall mature
12within 20 years from date, and shall be signed by the president
13of the school board and the treasurer of the school district.
14    (n) In order to authorize and issue such bonds, the school
15board shall adopt a resolution fixing the amount of bonds, the
16date thereof, the maturities thereof, rates of interest
17thereof, place of payment and denomination, which shall be in
18denominations of not less than $100 and not more than $5,000,
19and provide for the levy and collection of a direct annual tax
20upon all the taxable property in the school district sufficient
21to pay the principal and interest on such bonds to maturity.
22Upon the filing in the office of the county clerk of the county
23in which the school district is located of a certified copy of
24the resolution, it is the duty of the county clerk to extend
25the tax therefor in addition to and in excess of all other
26taxes heretofore or hereafter authorized to be levied by such



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1school district.
2    (o) After the time such bonds are issued as provided for by
3this Section, if additional alterations or reconstructions are
4required to be made because of surveys conducted by an
5architect or engineer licensed in the State of Illinois, the
6district may levy a tax at a rate not to exceed .05% per year
7upon all the taxable property of the district or issue
8additional bonds, whichever action shall be the most feasible.
9    (p) This Section is cumulative and constitutes complete
10authority for the issuance of bonds as provided in this Section
11notwithstanding any other statute or law to the contrary.
12    (q) With respect to instruments for the payment of money
13issued under this Section either before, on, or after the
14effective date of Public Act 86-004 (June 6, 1989), it is, and
15always has been, the intention of the General Assembly (i) that
16the Omnibus Bond Acts are, and always have been, supplementary
17grants of power to issue instruments in accordance with the
18Omnibus Bond Acts, regardless of any provision of this Act that
19may appear to be or to have been more restrictive than those
20Acts, (ii) that the provisions of this Section are not a
21limitation on the supplementary authority granted by the
22Omnibus Bond Acts, and (iii) that instruments issued under this
23Section within the supplementary authority granted by the
24Omnibus Bond Acts are not invalid because of any provision of
25this Act that may appear to be or to have been more restrictive
26than those Acts.



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1    (r) When the purposes for which the bonds are issued have
2been accomplished and paid for in full and there remain funds
3on hand from the proceeds of the bond sale and interest
4earnings therefrom, the board shall, by resolution, use such
5excess funds in accordance with the provisions of Section
610-22.14 of this Act.
7    (s) Whenever any tax is levied or bonds issued for fire
8prevention, safety, energy conservation, and school security
9purposes, such proceeds shall be deposited and accounted for
10separately within the Fire Prevention and Safety Fund.
11(Source: P.A. 95-675, eff. 10-11-07; 95-793, eff. 1-1-09;
1296-252, eff. 8-11-09; 96-1474, eff. 8-23-10.)".