Illinois General Assembly - Full Text of HB1561
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Full Text of HB1561  101st General Assembly

HB1561ham001 101ST GENERAL ASSEMBLY

Rep. Fred Crespo

Filed: 3/26/2019

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1561

2    AMENDMENT NO. ______. Amend House Bill 1561 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from

 

 

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1    disclosure by federal or State law or rules and regulations
2    implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law or
5    a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or more
9    law enforcement agencies regarding the physical or mental
10    status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a clearly
13    unwarranted invasion of personal privacy, unless the
14    disclosure is consented to in writing by the individual
15    subjects of the information. "Unwarranted invasion of
16    personal privacy" means the disclosure of information that
17    is highly personal or objectionable to a reasonable person
18    and in which the subject's right to privacy outweighs any
19    legitimate public interest in obtaining the information.
20    The disclosure of information that bears on the public
21    duties of public employees and officials shall not be
22    considered an invasion of personal privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the extent

 

 

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1    that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic accidents, traffic accident
19        reports, and rescue reports shall be provided by
20        agencies of local government, except when disclosure
21        would interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known or
26        disclose internal documents of correctional agencies

 

 

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1        related to detection, observation or investigation of
2        incidents of crime or misconduct, and disclosure would
3        result in demonstrable harm to the agency or public
4        body that is the recipient of the request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request.
9        (d-5) A law enforcement record created for law
10    enforcement purposes and contained in a shared electronic
11    record management system if the law enforcement agency that
12    is the recipient of the request did not create the record,
13    did not participate in or have a role in any of the events
14    which are the subject of the record, and only has access to
15    the record through the shared electronic record management
16    system.
17        (e) Records that relate to or affect the security of
18    correctional institutions and detention facilities.
19        (e-5) Records requested by persons committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail if those
22    materials are available in the library of the correctional
23    institution or facility or jail where the inmate is
24    confined.
25        (e-6) Records requested by persons committed to the
26    Department of Corrections, Department of Human Services

 

 

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1    Division of Mental Health, or a county jail if those
2    materials include records from staff members' personnel
3    files, staff rosters, or other staffing assignment
4    information.
5        (e-7) Records requested by persons committed to the
6    Department of Corrections or Department of Human Services
7    Division of Mental Health if those materials are available
8    through an administrative request to the Department of
9    Corrections or Department of Human Services Division of
10    Mental Health.
11        (e-8) Records requested by a person committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail, the disclosure
14    of which would result in the risk of harm to any person or
15    the risk of an escape from a jail or correctional
16    institution or facility.
17        (e-9) Records requested by a person in a county jail or
18    committed to the Department of Corrections or Department of
19    Human Services Division of Mental Health, containing
20    personal information pertaining to the person's victim or
21    the victim's family, including, but not limited to, a
22    victim's home address, home telephone number, work or
23    school address, work telephone number, social security
24    number, or any other identifying information, except as may
25    be relevant to a requester's current or potential case or
26    claim.

 

 

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1        (e-10) Law enforcement records of other persons
2    requested by a person committed to the Department of
3    Corrections, Department of Human Services Division of
4    Mental Health, or a county jail, including, but not limited
5    to, arrest and booking records, mug shots, and crime scene
6    photographs, except as these records may be relevant to the
7    requester's current or potential case or claim.
8        (f) Preliminary drafts, notes, recommendations,
9    memoranda and other records in which opinions are
10    expressed, or policies or actions are formulated, except
11    that a specific record or relevant portion of a record
12    shall not be exempt when the record is publicly cited and
13    identified by the head of the public body. The exemption
14    provided in this paragraph (f) extends to all those records
15    of officers and agencies of the General Assembly that
16    pertain to the preparation of legislative documents.
17        (g) Trade secrets and commercial or financial
18    information obtained from a person or business where the
19    trade secrets or commercial or financial information are
20    furnished under a claim that they are proprietary,
21    privileged or confidential, and that disclosure of the
22    trade secrets or commercial or financial information would
23    cause competitive harm to the person or business, and only
24    insofar as the claim directly applies to the records
25    requested.
26        The information included under this exemption includes

 

 

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1    all trade secrets and commercial or financial information
2    obtained by a public body, including a public pension fund,
3    from a private equity fund or a privately held company
4    within the investment portfolio of a private equity fund as
5    a result of either investing or evaluating a potential
6    investment of public funds in a private equity fund. The
7    exemption contained in this item does not apply to the
8    aggregate financial performance information of a private
9    equity fund, nor to the identity of the fund's managers or
10    general partners. The exemption contained in this item does
11    not apply to the identity of a privately held company
12    within the investment portfolio of a private equity fund,
13    unless the disclosure of the identity of a privately held
14    company may cause competitive harm.
15        Nothing contained in this paragraph (g) shall be
16    construed to prevent a person or business from consenting
17    to disclosure.
18        (h) Proposals and bids for any contract, grant, or
19    agreement, including information which if it were
20    disclosed would frustrate procurement or give an advantage
21    to any person proposing to enter into a contractor
22    agreement with the body, until an award or final selection
23    is made. Information prepared by or for the body in
24    preparation of a bid solicitation shall be exempt until an
25    award or final selection is made.
26        (i) Valuable formulae, computer geographic systems,

 

 

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1    designs, drawings and research data obtained or produced by
2    any public body when disclosure could reasonably be
3    expected to produce private gain or public loss. The
4    exemption for "computer geographic systems" provided in
5    this paragraph (i) does not extend to requests made by news
6    media as defined in Section 2 of this Act when the
7    requested information is not otherwise exempt and the only
8    purpose of the request is to access and disseminate
9    information regarding the health, safety, welfare, or
10    legal rights of the general public.
11        (j) The following information pertaining to
12    educational matters:
13            (i) test questions, scoring keys and other
14        examination data used to administer an academic
15        examination;
16            (ii) information received by a primary or
17        secondary school, college, or university under its
18        procedures for the evaluation of faculty members by
19        their academic peers;
20            (iii) information concerning a school or
21        university's adjudication of student disciplinary
22        cases, but only to the extent that disclosure would
23        unavoidably reveal the identity of the student; and
24            (iv) course materials or research materials used
25        by faculty members.
26        (k) Architects' plans, engineers' technical

 

 

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1    submissions, and other construction related technical
2    documents for projects not constructed or developed in
3    whole or in part with public funds and the same for
4    projects constructed or developed with public funds,
5    including but not limited to power generating and
6    distribution stations and other transmission and
7    distribution facilities, water treatment facilities,
8    airport facilities, sport stadiums, convention centers,
9    and all government owned, operated, or occupied buildings,
10    but only to the extent that disclosure would compromise
11    security.
12        (l) Minutes of meetings of public bodies closed to the
13    public as provided in the Open Meetings Act until the
14    public body makes the minutes available to the public under
15    Section 2.06 of the Open Meetings Act.
16        (m) Communications between a public body and an
17    attorney or auditor representing the public body that would
18    not be subject to discovery in litigation, and materials
19    prepared or compiled by or for a public body in
20    anticipation of a criminal, civil or administrative
21    proceeding upon the request of an attorney advising the
22    public body, and materials prepared or compiled with
23    respect to internal audits of public bodies.
24        (n) Records relating to a public body's adjudication of
25    employee grievances or disciplinary cases; however, this
26    exemption shall not extend to the final outcome of cases in

 

 

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1    which discipline is imposed.
2        (o) Administrative or technical information associated
3    with automated data processing operations, including but
4    not limited to software, operating protocols, computer
5    program abstracts, file layouts, source listings, object
6    modules, load modules, user guides, documentation
7    pertaining to all logical and physical design of
8    computerized systems, employee manuals, and any other
9    information that, if disclosed, would jeopardize the
10    security of the system or its data or the security of
11    materials exempt under this Section.
12        (p) Records relating to collective negotiating matters
13    between public bodies and their employees or
14    representatives, except that any final contract or
15    agreement shall be subject to inspection and copying.
16        (q) Test questions, scoring keys, and other
17    examination data used to determine the qualifications of an
18    applicant for a license or employment.
19        (r) The records, documents, and information relating
20    to real estate purchase negotiations until those
21    negotiations have been completed or otherwise terminated.
22    With regard to a parcel involved in a pending or actually
23    and reasonably contemplated eminent domain proceeding
24    under the Eminent Domain Act, records, documents and
25    information relating to that parcel shall be exempt except
26    as may be allowed under discovery rules adopted by the

 

 

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1    Illinois Supreme Court. The records, documents and
2    information relating to a real estate sale shall be exempt
3    until a sale is consummated.
4        (s) Any and all proprietary information and records
5    related to the operation of an intergovernmental risk
6    management association or self-insurance pool or jointly
7    self-administered health and accident cooperative or pool.
8    Insurance or self insurance (including any
9    intergovernmental risk management association or self
10    insurance pool) claims, loss or risk management
11    information, records, data, advice or communications.
12        (t) Information contained in or related to
13    examination, operating, or condition reports prepared by,
14    on behalf of, or for the use of a public body responsible
15    for the regulation or supervision of financial
16    institutions or insurance companies, unless disclosure is
17    otherwise required by State law.
18        (u) Information that would disclose or might lead to
19    the disclosure of secret or confidential information,
20    codes, algorithms, programs, or private keys intended to be
21    used to create electronic or digital signatures under the
22    Electronic Commerce Security Act.
23        (v) Vulnerability assessments, security measures, and
24    response policies or plans that are designed to identify,
25    prevent, or respond to potential attacks upon a community's
26    population or systems, facilities, or installations, the

 

 

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1    destruction or contamination of which would constitute a
2    clear and present danger to the health or safety of the
3    community, but only to the extent that disclosure could
4    reasonably be expected to jeopardize the effectiveness of
5    the measures or the safety of the personnel who implement
6    them or the public. Information exempt under this item may
7    include such things as details pertaining to the
8    mobilization or deployment of personnel or equipment, to
9    the operation of communication systems or protocols, or to
10    tactical operations.
11        (w) (Blank).
12        (x) Maps and other records regarding the location or
13    security of generation, transmission, distribution,
14    storage, gathering, treatment, or switching facilities
15    owned by a utility, by a power generator, or by the
16    Illinois Power Agency.
17        (y) Information contained in or related to proposals,
18    bids, or negotiations related to electric power
19    procurement under Section 1-75 of the Illinois Power Agency
20    Act and Section 16-111.5 of the Public Utilities Act that
21    is determined to be confidential and proprietary by the
22    Illinois Power Agency or by the Illinois Commerce
23    Commission.
24        (z) Information about students exempted from
25    disclosure under Sections 10-20.38 or 34-18.29 of the
26    School Code, and information about undergraduate students

 

 

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1    enrolled at an institution of higher education exempted
2    from disclosure under Section 25 of the Illinois Credit
3    Card Marketing Act of 2009.
4        (aa) Information the disclosure of which is exempted
5    under the Viatical Settlements Act of 2009.
6        (bb) Records and information provided to a mortality
7    review team and records maintained by a mortality review
8    team appointed under the Department of Juvenile Justice
9    Mortality Review Team Act.
10        (cc) Information regarding interments, entombments, or
11    inurnments of human remains that are submitted to the
12    Cemetery Oversight Database under the Cemetery Care Act or
13    the Cemetery Oversight Act, whichever is applicable.
14        (dd) Correspondence and records (i) that may not be
15    disclosed under Section 11-9 of the Illinois Public Aid
16    Code or (ii) that pertain to appeals under Section 11-8 of
17    the Illinois Public Aid Code.
18        (ee) The names, addresses, or other personal
19    information of persons who are minors and are also
20    participants and registrants in programs of park
21    districts, forest preserve districts, conservation
22    districts, recreation agencies, and special recreation
23    associations.
24        (ff) The names, addresses, or other personal
25    information of participants and registrants in programs of
26    park districts, forest preserve districts, conservation

 

 

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1    districts, recreation agencies, and special recreation
2    associations where such programs are targeted primarily to
3    minors.
4        (gg) Confidential information described in Section
5    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
6        (hh) The report submitted to the State Board of
7    Education by the School Security and Standards Task Force
8    under item (8) of subsection (d) of Section 2-3.160 of the
9    School Code and any information contained in that report.
10        (ii) Records requested by persons committed to or
11    detained by the Department of Human Services under the
12    Sexually Violent Persons Commitment Act or committed to the
13    Department of Corrections under the Sexually Dangerous
14    Persons Act if those materials: (i) are available in the
15    library of the facility where the individual is confined;
16    (ii) include records from staff members' personnel files,
17    staff rosters, or other staffing assignment information;
18    or (iii) are available through an administrative request to
19    the Department of Human Services or the Department of
20    Corrections.
21        (jj) Confidential information described in Section
22    5-535 of the Civil Administrative Code of Illinois.
23        (kk) Records concerning the work of the threat
24    assessment team of a school district.
25    (1.5) Any information exempt from disclosure under the
26Judicial Privacy Act shall be redacted from public records

 

 

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1prior to disclosure under this Act.
2    (2) A public record that is not in the possession of a
3public body but is in the possession of a party with whom the
4agency has contracted to perform a governmental function on
5behalf of the public body, and that directly relates to the
6governmental function and is not otherwise exempt under this
7Act, shall be considered a public record of the public body,
8for purposes of this Act.
9    (3) This Section does not authorize withholding of
10information or limit the availability of records to the public,
11except as stated in this Section or otherwise provided in this
12Act.
13(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
14eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
15100-732, eff. 8-3-18.)
 
16    Section 10. The Innovation Development and Economy Act is
17amended by changing Section 10 as follows:
 
18    (50 ILCS 470/10)
19    Sec. 10. Definitions. As used in this Act, the following
20words and phrases shall have the following meanings unless a
21different meaning clearly appears from the context:
22    "Base year" means the calendar year immediately prior to
23the calendar year in which the STAR bond district is
24established.

 

 

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1    "Commence work" means the manifest commencement of actual
2operations on the development site, such as, erecting a
3building, general on-site and off-site grading and utility
4installations, commencing design and construction
5documentation, ordering lead-time materials, excavating the
6ground to lay a foundation or a basement, or work of like
7description which a reasonable person would recognize as being
8done with the intention and purpose to continue work until the
9project is completed.
10    "County" means the county in which a proposed STAR bond
11district is located.
12    "De minimis" means an amount less than 15% of the land area
13within a STAR bond district.
14    "Department of Revenue" means the Department of Revenue of
15the State of Illinois.
16    "Destination user" means an owner, operator, licensee,
17co-developer, subdeveloper, or tenant (i) that operates a
18business within a STAR bond district that is a retail store
19having at least 150,000 square feet of sales floor area; (ii)
20that at the time of opening does not have another Illinois
21location within a 70 mile radius; (iii) that has an annual
22average of not less than 30% of customers who travel from at
23least 75 miles away or from out-of-state, as demonstrated by
24data from a comparable existing store or stores, or, if there
25is no comparable existing store, as demonstrated by an economic
26analysis that shows that the proposed retailer will have an

 

 

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1annual average of not less than 30% of customers who travel
2from at least 75 miles away or from out-of-state; and (iv) that
3makes an initial capital investment, including project costs
4and other direct costs, of not less than $30,000,000 for such
5retail store.
6    "Destination hotel" means a hotel (as that term is defined
7in Section 2 of the Hotel Operators' Occupation Tax Act)
8complex having at least 150 guest rooms and which also includes
9a venue for entertainment attractions, rides, or other
10activities oriented toward the entertainment and amusement of
11its guests and other patrons.
12    "Developer" means any individual, corporation, trust,
13estate, partnership, limited liability partnership, limited
14liability company, or other entity. The term does not include a
15not-for-profit entity, political subdivision, or other agency
16or instrumentality of the State.
17    "Director" means the Director of Revenue, who shall consult
18with the Director of Commerce and Economic Opportunity in any
19approvals or decisions required by the Director under this Act.
20    "Economic impact study" means a study conducted by an
21independent economist to project the financial benefit of the
22proposed STAR bond project to the local, regional, and State
23economies, consider the proposed adverse impacts on similar
24projects and businesses, as well as municipalities within the
25projected market area, and draw conclusions about the net
26effect of the proposed STAR bond project on the local,

 

 

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1regional, and State economies. A copy of the economic impact
2study shall be provided to the Director for review.
3    "Eligible area" means any improved or vacant area that (i)
4is contiguous and is not, in the aggregate, less than 250 acres
5nor more than 500 acres which must include only parcels of real
6property directly and substantially benefited by the proposed
7STAR bond district plan, (ii) is adjacent to a federal
8interstate highway, (iii) is within one mile of 2 State
9highways, (iv) is within one mile of an entertainment user, or
10a major or minor league sports stadium or other similar
11entertainment venue that had an initial capital investment of
12at least $20,000,000, and (v) includes land that was previously
13surface or strip mined. The area may be bisected by streets,
14highways, roads, alleys, railways, bike paths, streams,
15rivers, and other waterways and still be deemed contiguous. In
16addition, in order to constitute an eligible area one of the
17following requirements must be satisfied and all of which are
18subject to the review and approval of the Director as provided
19in subsection (d) of Section 15:
20        (a) the governing body of the political subdivision
21    shall have determined that the area meets the requirements
22    of a "blighted area" as defined under the Tax Increment
23    Allocation Redevelopment Act; or
24        (b) the governing body of the political subdivision
25    shall have determined that the area is a blighted area as
26    determined under the provisions of Section 11-74.3-5 of the

 

 

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1    Illinois Municipal Code; or
2        (c) the governing body of the political subdivision
3    shall make the following findings:
4            (i) that the vacant portions of the area have
5        remained vacant for at least one year, or that any
6        building located on a vacant portion of the property
7        was demolished within the last year and that the
8        building would have qualified under item (ii) of this
9        subsection;
10            (ii) if portions of the area are currently
11        developed, that the use, condition, and character of
12        the buildings on the property are not consistent with
13        the purposes set forth in Section 5;
14            (iii) that the STAR bond district is expected to
15        create or retain job opportunities within the
16        political subdivision;
17            (iv) that the STAR bond district will serve to
18        further the development of adjacent areas;
19            (v) that without the availability of STAR bonds,
20        the projects described in the STAR bond district plan
21        would not be possible;
22            (vi) that the master developer meets high
23        standards of creditworthiness and financial strength
24        as demonstrated by one or more of the following: (i)
25        corporate debenture ratings of BBB or higher by
26        Standard & Poor's Corporation or Baa or higher by

 

 

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1        Moody's Investors Service, Inc.; (ii) a letter from a
2        financial institution with assets of $10,000,000 or
3        more attesting to the financial strength of the master
4        developer; or (iii) specific evidence of equity
5        financing for not less than 10% of the estimated total
6        STAR bond project costs;
7            (vii) that the STAR bond district will strengthen
8        the commercial sector of the political subdivision;
9            (viii) that the STAR bond district will enhance the
10        tax base of the political subdivision; and
11            (ix) that the formation of a STAR bond district is
12        in the best interest of the political subdivision.
13    "Entertainment user" means an owner, operator, licensee,
14co-developer, subdeveloper, or tenant that operates a business
15within a STAR bond district that has a primary use of providing
16a venue for entertainment attractions, rides, or other
17activities oriented toward the entertainment and amusement of
18its patrons, occupies at least 20 acres of land in the STAR
19bond district, and makes an initial capital investment,
20including project costs and other direct and indirect costs, of
21not less than $25,000,000 for that venue.
22    "Feasibility study" means a feasibility study as defined in
23subsection (b) of Section 20.
24    "Infrastructure" means the public improvements and private
25improvements that serve the public purposes set forth in
26Section 5 of this Act and that benefit the STAR bond district

 

 

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1or any STAR bond projects, including, but not limited to,
2streets, drives and driveways, traffic and directional signs
3and signals, parking lots and parking facilities,
4interchanges, highways, sidewalks, bridges, underpasses and
5overpasses, bike and walking trails, sanitary storm sewers and
6lift stations, drainage conduits, channels, levees, canals,
7storm water detention and retention facilities, utilities and
8utility connections, water mains and extensions, and street and
9parking lot lighting and connections.
10    "Local sales taxes" means any locally imposed taxes
11received by a municipality, county, or other local governmental
12entity arising from sales by retailers and servicemen within a
13STAR bond district, including business district sales taxes and
14STAR bond occupation taxes, and that portion of the net revenue
15realized under the Retailers' Occupation Tax Act, the Use Tax
16Act, the Service Use Tax Act, and the Service Occupation Tax
17Act from transactions at places of business located within a
18STAR bond district that is deposited into the Local Government
19Tax Fund and the County and Mass Transit District Fund. For the
20purpose of this Act, "local sales taxes" does not include (i)
21any taxes authorized pursuant to the Local Mass Transit
22District Act or the Metro-East Park and Recreation District Act
23for so long as the applicable taxing district does not impose a
24tax on real property, (ii) county school facility and resources
25occupation taxes imposed pursuant to Section 5-1006.7 of the
26Counties Code, or (iii) any taxes authorized under the Flood

 

 

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1Prevention District Act.
2    "Local sales tax increment" means, with respect to local
3sales taxes administered by the Illinois Department of Revenue,
4(i) all of the local sales tax paid by destination users,
5destination hotels, and entertainment users that is in excess
6of the local sales tax paid by destination users, destination
7hotels, and entertainment users for the same month in the base
8year, as determined by the Illinois Department of Revenue, (ii)
9in the case of a municipality forming a STAR bond district that
10is wholly within the corporate boundaries of the municipality
11and in the case of a municipality and county forming a STAR
12bond district that is only partially within such municipality,
13that portion of the local sales tax paid by taxpayers that are
14not destination users, destination hotels, or entertainment
15users that is in excess of the local sales tax paid by
16taxpayers that are not destination users, destination hotels,
17or entertainment users for the same month in the base year, as
18determined by the Illinois Department of Revenue, and (iii) in
19the case of a county in which a STAR bond district is formed
20that is wholly within a municipality, that portion of the local
21sales tax paid by taxpayers that are not destination users,
22destination hotels, or entertainment users that is in excess of
23the local sales tax paid by taxpayers that are not destination
24users, destination hotels, or entertainment users for the same
25month in the base year, as determined by the Illinois
26Department of Revenue, but only if the corporate authorities of

 

 

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1the county adopts an ordinance, and files a copy with the
2Department within the same time frames as required for STAR
3bond occupation taxes under Section 31, that designates the
4taxes referenced in this clause (iii) as part of the local
5sales tax increment under this Act. "Local sales tax increment"
6means, with respect to local sales taxes administered by a
7municipality, county, or other unit of local government, that
8portion of the local sales tax that is in excess of the local
9sales tax for the same month in the base year, as determined by
10the respective municipality, county, or other unit of local
11government. If any portion of local sales taxes are, at the
12time of formation of a STAR bond district, already subject to
13tax increment financing under the Tax Increment Allocation
14Redevelopment Act, then the local sales tax increment for such
15portion shall be frozen at the base year established in
16accordance with this Act, and all future incremental increases
17shall be included in the "local sales tax increment" under this
18Act. Any party otherwise entitled to receipt of incremental
19local sales tax revenues through an existing tax increment
20financing district shall be entitled to continue to receive
21such revenues up to the amount frozen in the base year. Nothing
22in this Act shall affect the prior qualification of existing
23redevelopment project costs incurred that are eligible for
24reimbursement under the Tax Increment Allocation Redevelopment
25Act. In such event, prior to approving a STAR bond district,
26the political subdivision forming the STAR bond district shall

 

 

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1take such action as is necessary, including amending the
2existing tax increment financing district redevelopment plan,
3to carry out the provisions of this Act. The Illinois
4Department of Revenue shall allocate the local sales tax
5increment only if the local sales tax is administered by the
6Department.
7    "Market study" means a study to determine the ability of
8the proposed STAR bond project to gain market share locally and
9regionally and to remain profitable past the term of repayment
10of STAR bonds.
11    "Master developer" means a developer cooperating with a
12political subdivision to plan, develop, and implement a STAR
13bond project plan for a STAR bond district. Subject to the
14limitations of Section 25, the master developer may work with
15and transfer certain development rights to other developers for
16the purpose of implementing STAR bond project plans and
17achieving the purposes of this Act. A master developer for a
18STAR bond district shall be appointed by a political
19subdivision in the resolution establishing the STAR bond
20district, and the master developer must, at the time of
21appointment, own or have control of, through purchase
22agreements, option contracts, or other means, not less than 50%
23of the acreage within the STAR bond district and the master
24developer or its affiliate must have ownership or control on
25June 1, 2010.
26    "Master development agreement" means an agreement between

 

 

10100HB1561ham001- 25 -LRB101 07257 AXK 58465 a

1the master developer and the political subdivision to govern a
2STAR bond district and any STAR bond projects.
3    "Municipality" means the city, village, or incorporated
4town in which a proposed STAR bond district is located.
5    "Pledged STAR revenues" means those sales tax and revenues
6and other sources of funds pledged to pay debt service on STAR
7bonds or to pay project costs pursuant to Section 30.
8Notwithstanding any provision to the contrary, the following
9revenues shall not constitute pledged STAR revenues or be
10available to pay principal and interest on STAR bonds: any
11State sales tax increment or local sales tax increment from a
12retail entity initiating operations in a STAR bond district
13while terminating operations at another Illinois location
14within 25 miles of the STAR bond district. For purposes of this
15paragraph, "terminating operations" means a closing of a retail
16operation that is directly related to the opening of the same
17operation or like retail entity owned or operated by more than
1850% of the original ownership in a STAR bond district within
19one year before or after initiating operations in the STAR bond
20district, but it does not mean closing an operation for reasons
21beyond the control of the retail entity, as documented by the
22retail entity, subject to a reasonable finding by the
23municipality (or county if such retail operation is not located
24within a municipality) in which the terminated operations were
25located that the closed location contained inadequate space,
26had become economically obsolete, or was no longer a viable

 

 

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1location for the retailer or serviceman.
2    "Political subdivision" means a municipality or county
3which undertakes to establish a STAR bond district pursuant to
4the provisions of this Act.
5    "Project costs" means and includes the sum total of all
6costs incurred or estimated to be incurred on or following the
7date of establishment of a STAR bond district that are
8reasonable or necessary to implement a STAR bond district plan
9or any STAR bond project plans, or both, including costs
10incurred for public improvements and private improvements that
11serve the public purposes set forth in Section 5 of this Act.
12Such costs include without limitation the following:
13        (a) costs of studies, surveys, development of plans and
14    specifications, formation, implementation, and
15    administration of a STAR bond district, STAR bond district
16    plan, any STAR bond projects, or any STAR bond project
17    plans, including, but not limited to, staff and
18    professional service costs for architectural, engineering,
19    legal, financial, planning, or other services, provided
20    however that no charges for professional services may be
21    based on a percentage of the tax increment collected and no
22    contracts for professional services, excluding
23    architectural and engineering services, may be entered
24    into if the terms of the contract extend beyond a period of
25    3 years;
26        (b) property assembly costs, including, but not

 

 

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1    limited to, acquisition of land and other real property or
2    rights or interests therein, located within the boundaries
3    of a STAR bond district, demolition of buildings, site
4    preparation, site improvements that serve as an engineered
5    barrier addressing ground level or below ground
6    environmental contamination, including, but not limited
7    to, parking lots and other concrete or asphalt barriers,
8    the clearing and grading of land, and importing additional
9    soil and fill materials, or removal of soil and fill
10    materials from the site;
11        (c) subject to paragraph (d), costs of buildings and
12    other vertical improvements that are located within the
13    boundaries of a STAR bond district and owned by a political
14    subdivision or other public entity, including without
15    limitation police and fire stations, educational
16    facilities, and public restrooms and rest areas;
17        (c-1) costs of buildings and other vertical
18    improvements that are located within the boundaries of a
19    STAR bond district and owned by a destination user or
20    destination hotel; except that only 2 destination users in
21    a STAR bond district and one destination hotel are eligible
22    to include the cost of those vertical improvements as
23    project costs;
24        (c-5) costs of buildings; rides and attractions, which
25    include carousels, slides, roller coasters, displays,
26    models, towers, works of art, and similar theme and

 

 

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1    amusement park improvements; and other vertical
2    improvements that are located within the boundaries of a
3    STAR bond district and owned by an entertainment user;
4    except that only one entertainment user in a STAR bond
5    district is eligible to include the cost of those vertical
6    improvements as project costs;
7        (d) costs of the design and construction of
8    infrastructure and public works located within the
9    boundaries of a STAR bond district that are reasonable or
10    necessary to implement a STAR bond district plan or any
11    STAR bond project plans, or both, except that project costs
12    shall not include the cost of constructing a new municipal
13    public building principally used to provide offices,
14    storage space, or conference facilities or vehicle
15    storage, maintenance, or repair for administrative, public
16    safety, or public works personnel and that is not intended
17    to replace an existing public building unless the political
18    subdivision makes a reasonable determination in a STAR bond
19    district plan or any STAR bond project plans, supported by
20    information that provides the basis for that
21    determination, that the new municipal building is required
22    to meet an increase in the need for public safety purposes
23    anticipated to result from the implementation of the STAR
24    bond district plan or any STAR bond project plans;
25        (e) costs of the design and construction of the
26    following improvements located outside the boundaries of a

 

 

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1    STAR bond district, provided that the costs are essential
2    to further the purpose and development of a STAR bond
3    district plan and either (i) part of and connected to
4    sewer, water, or utility service lines that physically
5    connect to the STAR bond district or (ii) significant
6    improvements for adjacent offsite highways, streets,
7    roadways, and interchanges that are approved by the
8    Illinois Department of Transportation. No other cost of
9    infrastructure and public works improvements located
10    outside the boundaries of a STAR bond district may be
11    deemed project costs;
12        (f) costs of job training and retraining projects,
13    including the cost of "welfare to work" programs
14    implemented by businesses located within a STAR bond
15    district;
16        (g) financing costs, including, but not limited to, all
17    necessary and incidental expenses related to the issuance
18    of obligations and which may include payment of interest on
19    any obligations issued hereunder including interest
20    accruing during the estimated period of construction of any
21    improvements in a STAR bond district or any STAR bond
22    projects for which such obligations are issued and for not
23    exceeding 36 months thereafter and including reasonable
24    reserves related thereto;
25        (h) to the extent the political subdivision by written
26    agreement accepts and approves the same, all or a portion

 

 

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1    of a taxing district's capital costs resulting from a STAR
2    bond district or STAR bond projects necessarily incurred or
3    to be incurred within a taxing district in furtherance of
4    the objectives of a STAR bond district plan or STAR bond
5    project plans;
6        (i) interest cost incurred by a developer for project
7    costs related to the acquisition, formation,
8    implementation, development, construction, and
9    administration of a STAR bond district, STAR bond district
10    plan, STAR bond projects, or any STAR bond project plans
11    provided that:
12            (i) payment of such costs in any one year may not
13        exceed 30% of the annual interest costs incurred by the
14        developer with regard to the STAR bond district or any
15        STAR bond projects during that year; and
16            (ii) the total of such interest payments paid
17        pursuant to this Act may not exceed 30% of the total
18        cost paid or incurred by the developer for a STAR bond
19        district or STAR bond projects, plus project costs,
20        excluding any property assembly costs incurred by a
21        political subdivision pursuant to this Act;
22        (j) costs of common areas located within the boundaries
23    of a STAR bond district;
24        (k) costs of landscaping and plantings, retaining
25    walls and fences, man-made lakes and ponds, shelters,
26    benches, lighting, and similar amenities located within

 

 

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1    the boundaries of a STAR bond district;
2        (l) costs of mounted building signs, site monument, and
3    pylon signs located within the boundaries of a STAR bond
4    district; or
5        (m) if included in the STAR bond district plan and
6    approved in writing by the Director, salaries or a portion
7    of salaries for local government employees to the extent
8    the same are directly attributable to the work of such
9    employees on the establishment and management of a STAR
10    bond district or any STAR bond projects.
11    Except as specified in items (a) through (m), "project
12costs" shall not include:
13        (i) the cost of construction of buildings that are
14    privately owned or owned by a municipality and leased to a
15    developer or retail user for non-entertainment retail
16    uses;
17        (ii) moving expenses for employees of the businesses
18    locating within the STAR bond district;
19        (iii) property taxes for property located in the STAR
20    bond district;
21        (iv) lobbying costs; and
22        (v) general overhead or administrative costs of the
23    political subdivision that would still have been incurred
24    by the political subdivision if the political subdivision
25    had not established a STAR bond district.
26    "Project development agreement" means any one or more

 

 

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1agreements, including any amendments thereto, between a master
2developer and any co-developer or subdeveloper in connection
3with a STAR bond project, which project development agreement
4may include the political subdivision as a party.
5    "Projected market area" means any area within the State in
6which a STAR bond district or STAR bond project is projected to
7have a significant fiscal or market impact as determined by the
8Director.
9    "Resolution" means a resolution, order, ordinance, or
10other appropriate form of legislative action of a political
11subdivision or other applicable public entity approved by a
12vote of a majority of a quorum at a meeting of the governing
13body of the political subdivision or applicable public entity.
14    "STAR bond" means a sales tax and revenue bond, note, or
15other obligation payable from pledged STAR revenues and issued
16by a political subdivision, the proceeds of which shall be used
17only to pay project costs as defined in this Act.
18    "STAR bond district" means the specific area declared to be
19an eligible area as determined by the political subdivision,
20and approved by the Director, in which the political
21subdivision may develop one or more STAR bond projects.
22    "STAR bond district plan" means the preliminary or
23conceptual plan that generally identifies the proposed STAR
24bond project areas and identifies in a general manner the
25buildings, facilities, and improvements to be constructed or
26improved in each STAR bond project area.

 

 

10100HB1561ham001- 33 -LRB101 07257 AXK 58465 a

1    "STAR bond project" means a project within a STAR bond
2district which is approved pursuant to Section 20.
3    "STAR bond project area" means the geographic area within a
4STAR bond district in which there may be one or more STAR bond
5projects.
6    "STAR bond project plan" means the written plan adopted by
7a political subdivision for the development of a STAR bond
8project in a STAR bond district; the plan may include, but is
9not limited to, (i) project costs incurred prior to the date of
10the STAR bond project plan and estimated future STAR bond
11project costs, (ii) proposed sources of funds to pay those
12costs, (iii) the nature and estimated term of any obligations
13to be issued by the political subdivision to pay those costs,
14(iv) the most recent equalized assessed valuation of the STAR
15bond project area, (v) an estimate of the equalized assessed
16valuation of the STAR bond district or applicable project area
17after completion of a STAR bond project, (vi) a general
18description of the types of any known or proposed developers,
19users, or tenants of the STAR bond project or projects included
20in the plan, (vii) a general description of the type,
21structure, and character of the property or facilities to be
22developed or improved, (viii) a description of the general land
23uses to apply to the STAR bond project, and (ix) a general
24description or an estimate of the type, class, and number of
25employees to be employed in the operation of the STAR bond
26project.

 

 

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1    "State sales tax" means all of the net revenue realized
2under the Retailers' Occupation Tax Act, the Use Tax Act, the
3Service Use Tax Act, and the Service Occupation Tax Act from
4transactions at places of business located within a STAR bond
5district, excluding that portion of the net revenue realized
6under the Retailers' Occupation Tax Act, the Use Tax Act, the
7Service Use Tax Act, and the Service Occupation Tax Act from
8transactions at places of business located within a STAR bond
9district that is deposited into the Local Government Tax Fund
10and the County and Mass Transit District Fund.
11    "State sales tax increment" means (i) 100% of that portion
12of the State sales tax that is in excess of the State sales tax
13for the same month in the base year, as determined by the
14Department of Revenue, from transactions at up to 2 destination
15users, one destination hotel, and one entertainment user
16located within a STAR bond district, which destination users,
17destination hotel, and entertainment user shall be designated
18by the master developer and approved by the political
19subdivision and the Director in conjunction with the applicable
20STAR bond project approval, and (ii) 25% of that portion of the
21State sales tax that is in excess of the State sales tax for
22the same month in the base year, as determined by the
23Department of Revenue, from all other transactions within a
24STAR bond district. If any portion of State sales taxes are, at
25the time of formation of a STAR bond district, already subject
26to tax increment financing under the Tax Increment Allocation

 

 

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1Redevelopment Act, then the State sales tax increment for such
2portion shall be frozen at the base year established in
3accordance with this Act, and all future incremental increases
4shall be included in the State sales tax increment under this
5Act. Any party otherwise entitled to receipt of incremental
6State sales tax revenues through an existing tax increment
7financing district shall be entitled to continue to receive
8such revenues up to the amount frozen in the base year. Nothing
9in this Act shall affect the prior qualification of existing
10redevelopment project costs incurred that are eligible for
11reimbursement under the Tax Increment Allocation Redevelopment
12Act. In such event, prior to approving a STAR bond district,
13the political subdivision forming the STAR bond district shall
14take such action as is necessary, including amending the
15existing tax increment financing district redevelopment plan,
16to carry out the provisions of this Act.
17    "Substantial change" means a change wherein the proposed
18STAR bond project plan differs substantially in size, scope, or
19use from the approved STAR bond district plan or STAR bond
20project plan.
21    "Taxpayer" means an individual, partnership, corporation,
22limited liability company, trust, estate, or other entity that
23is subject to the Illinois Income Tax Act.
24    "Total development costs" means the aggregate public and
25private investment in a STAR bond district, including project
26costs and other direct and indirect costs related to the

 

 

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1development of the STAR bond district.
2    "Traditional retail use" means the operation of a business
3that derives at least 90% of its annual gross revenue from
4sales at retail, as that phrase is defined by Section 1 of the
5Retailers' Occupation Tax Act, but does not include the
6operations of destination users, entertainment users,
7restaurants, hotels, retail uses within hotels, or any other
8non-retail uses.
9    "Vacant" means that portion of the land in a proposed STAR
10bond district that is not occupied by a building, facility, or
11other vertical improvement.
12(Source: P.A. 99-642, eff. 7-28-16.)
 
13    Section 15. The Counties Code is amended by changing
14Section 5-1006.7 as follows:
 
15    (55 ILCS 5/5-1006.7)
16    Sec. 5-1006.7. School facility and resources occupation
17taxes.
18    (a) In any county, a tax shall be imposed upon all persons
19engaged in the business of selling tangible personal property,
20other than personal property titled or registered with an
21agency of this State's government, at retail in the county on
22the gross receipts from the sales made in the course of
23business to provide revenue to be used exclusively (i) for
24school facility purposes , (ii) school resource officers and

 

 

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1mental health professionals, or (iii) school facility
2purposes, school resource officers, and mental health
3professionals if a proposition for the tax has been submitted
4to the electors of that county and approved by a majority of
5those voting on the question as provided in subsection (c). The
6tax under this Section shall be imposed only in one-quarter
7percent increments and may not exceed 1%.
8    This additional tax may not be imposed on tangible personal
9property taxed at the 1% rate under the Retailers' Occupation
10Tax Act. The Department of Revenue has full power to administer
11and enforce this subsection, to collect all taxes and penalties
12due under this subsection, to dispose of taxes and penalties so
13collected in the manner provided in this subsection, and to
14determine all rights to credit memoranda arising on account of
15the erroneous payment of a tax or penalty under this
16subsection. The Department shall deposit all taxes and
17penalties collected under this subsection into a special fund
18created for that purpose.
19    In the administration of and compliance with this
20subsection, the Department and persons who are subject to this
21subsection (i) have the same rights, remedies, privileges,
22immunities, powers, and duties, (ii) are subject to the same
23conditions, restrictions, limitations, penalties, and
24definitions of terms, and (iii) shall employ the same modes of
25procedure as are set forth in Sections 1 through 1o, 2 through
262-70 (in respect to all provisions contained in those Sections

 

 

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1other than the State rate of tax), 2a through 2h, 3 (except as
2to the disposition of taxes and penalties collected), 4, 5, 5a,
35b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
47, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
5Tax Act and all provisions of the Uniform Penalty and Interest
6Act as if those provisions were set forth in this subsection.
7    The certificate of registration that is issued by the
8Department to a retailer under the Retailers' Occupation Tax
9Act permits the retailer to engage in a business that is
10taxable without registering separately with the Department
11under an ordinance or resolution under this subsection.
12    Persons subject to any tax imposed under the authority
13granted in this subsection may reimburse themselves for their
14seller's tax liability by separately stating that tax as an
15additional charge, which may be stated in combination, in a
16single amount, with State tax that sellers are required to
17collect under the Use Tax Act, pursuant to any bracketed
18schedules set forth by the Department.
19    (b) If a tax has been imposed under subsection (a), then a
20service occupation tax must also be imposed at the same rate
21upon all persons engaged, in the county, in the business of
22making sales of service, who, as an incident to making those
23sales of service, transfer tangible personal property within
24the county as an incident to a sale of service.
25    This tax may not be imposed on tangible personal property
26taxed at the 1% rate under the Service Occupation Tax Act.

 

 

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1    The tax imposed under this subsection and all civil
2penalties that may be assessed as an incident thereof shall be
3collected and enforced by the Department and deposited into a
4special fund created for that purpose. The Department has full
5power to administer and enforce this subsection, to collect all
6taxes and penalties due under this subsection, to dispose of
7taxes and penalties so collected in the manner provided in this
8subsection, and to determine all rights to credit memoranda
9arising on account of the erroneous payment of a tax or penalty
10under this subsection.
11    In the administration of and compliance with this
12subsection, the Department and persons who are subject to this
13subsection shall (i) have the same rights, remedies,
14privileges, immunities, powers and duties, (ii) be subject to
15the same conditions, restrictions, limitations, penalties and
16definition of terms, and (iii) employ the same modes of
17procedure as are set forth in Sections 2 (except that that
18reference to State in the definition of supplier maintaining a
19place of business in this State means the county), 2a through
202d, 3 through 3-50 (in respect to all provisions contained in
21those Sections other than the State rate of tax), 4 (except
22that the reference to the State shall be to the county), 5, 7,
238 (except that the jurisdiction to which the tax is a debt to
24the extent indicated in that Section 8 is the county), 9
25(except as to the disposition of taxes and penalties
26collected), 10, 11, 12 (except the reference therein to Section

 

 

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12b of the Retailers' Occupation Tax Act), 13 (except that any
2reference to the State means the county), Section 15, 16, 17,
318, 19, and 20 of the Service Occupation Tax Act and all
4provisions of the Uniform Penalty and Interest Act, as fully as
5if those provisions were set forth herein.
6    Persons subject to any tax imposed under the authority
7granted in this subsection may reimburse themselves for their
8serviceman's tax liability by separately stating the tax as an
9additional charge, which may be stated in combination, in a
10single amount, with State tax that servicemen are authorized to
11collect under the Service Use Tax Act, pursuant to any
12bracketed schedules set forth by the Department.
13    (c) The tax under this Section may not be imposed until the
14question of imposing the tax has been submitted to the electors
15of the county at a regular election and approved by a majority
16of the electors voting on the question. For all regular
17elections held prior to August 23, 2011 (the effective date of
18Public Act 97-542), upon a resolution by the county board or a
19resolution by school district boards that represent at least
2051% of the student enrollment within the county, the county
21board must certify the question to the proper election
22authority in accordance with the Election Code.
23    For all regular elections held prior to August 23, 2011
24(the effective date of Public Act 97-542), the election
25authority must submit the question in substantially the
26following form:

 

 

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1        Shall (name of county) be authorized to impose a
2    retailers' occupation tax and a service occupation tax
3    (commonly referred to as a "sales tax") at a rate of
4    (insert rate) to be used exclusively for school facility
5    purposes?
6The election authority must record the votes as "Yes" or "No".
7    If a majority of the electors voting on the question vote
8in the affirmative, then the county may, thereafter, impose the
9tax.
10    For all regular elections held on or after August 23, 2011
11(the effective date of Public Act 97-542), the regional
12superintendent of schools for the county must, upon receipt of
13a resolution or resolutions of school district boards that
14represent more than 50% of the student enrollment within the
15county, certify the question to the proper election authority
16for submission to the electors of the county at the next
17regular election at which the question lawfully may be
18submitted to the electors, all in accordance with the Election
19Code.
20    For all regular elections held on or after August 23, 2011
21(the effective date of Public Act 97-542) and before the
22effective date of this amendatory Act of the 101st General
23Assembly, the election authority must submit the question in
24substantially the following form:
25        Shall a retailers' occupation tax and a service
26    occupation tax (commonly referred to as a "sales tax") be

 

 

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1    imposed in (name of county) at a rate of (insert rate) to
2    be used exclusively for school facility purposes?
3The election authority must record the votes as "Yes" or "No".
4    If a majority of the electors voting on the question vote
5in the affirmative, then the tax shall be imposed at the rate
6set forth in the question.
7    For all regular elections held on or after the effective
8date of this amendatory Act of the 101st General Assembly, the
9election authority must submit the question as follows:
10        (1) If the referendum is to expand the use of revenues
11    from a currently imposed tax exclusively for school
12    facility purposes to include school resource officers and
13    mental health professionals, the question shall be in
14    substantially the following form:
15            In addition to school facility purposes, shall
16        (name of county) school districts be authorized to use
17        revenues from the tax commonly referred to as the
18        school facility sales tax that is currently imposed in
19        (name of county) at a rate of (insert rate) for school
20        resource officers and mental health professionals?
21        (2) If the referendum is to increase the rate of a tax
22    currently imposed exclusively for school facility purposes
23    at less than 1% and dedicate the additional revenues for
24    school resource officers and mental health professionals,
25    the question shall be in substantially the following form:
26            Shall the tax commonly referred to as the school

 

 

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1        facility sales tax that is currently imposed in (name
2        of county) at the rate of (insert rate) be increased to
3        a rate of (insert rate) with the additional revenues
4        used exclusively for school resource officers and
5        mental health professionals?
6        (3) If the referendum is to impose a tax in a county
7    that has not previously imposed a tax under this Section
8    exclusively for school facility purposes, the question
9    shall be in substantially the following form:
10            Shall a retailers' occupation tax and a service
11        occupation tax (commonly referred to as a sales tax) be
12        imposed in (name of county) at a rate of (insert rate)
13        to be used exclusively for school facility purposes?
14        (4) If the referendum is to impose a tax in a county
15    that has not previously imposed a tax under this Section
16    exclusively for school resource officers and mental health
17    professionals, the question shall be in substantially the
18    following form:
19            Shall a retailers' occupation tax and a service
20        occupation tax (commonly referred to as a sales tax) be
21        imposed in (name of county) at a rate of (insert rate)
22        to be used exclusively for school resource officers and
23        mental health professionals?
24        (5) If the referendum is to impose a tax in a county
25    that has not previously imposed a tax under this Section
26    exclusively for school facility purposes, school resource

 

 

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1    officers, and mental health professionals, the question
2    shall be in substantially the following form:
3            Shall a retailers' occupation tax and a service
4        occupation tax (commonly referred to as a sales tax) be
5        imposed in (name of county) at a rate of (insert rate)
6        to be used exclusively for school facility purposes,
7        school resource officers, and mental health
8        professionals?
9    The election authority must record the votes as "Yes" or
10"No".
11    If a majority of the electors voting on the question vote
12in the affirmative, then the tax shall be imposed at the rate
13set forth in the question.
14    For the purposes of this subsection (c), "enrollment" means
15the head count of the students residing in the county on the
16last school day of September of each year, which must be
17reported on the Illinois State Board of Education Public School
18Fall Enrollment/Housing Report.
19    (d) The Department shall immediately pay over to the State
20Treasurer, ex officio, as trustee, all taxes and penalties
21collected under this Section to be deposited into the School
22Facility Occupation Tax Fund, which shall be an unappropriated
23trust fund held outside the State treasury.
24    On or before the 25th day of each calendar month, the
25Department shall prepare and certify to the Comptroller the
26disbursement of stated sums of money to the regional

 

 

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1superintendents of schools in counties from which retailers or
2servicemen have paid taxes or penalties to the Department
3during the second preceding calendar month. The amount to be
4paid to each regional superintendent of schools and disbursed
5to him or her in accordance with Section 3-14.31 of the School
6Code, is equal to the amount (not including credit memoranda)
7collected from the county under this Section during the second
8preceding calendar month by the Department, (i) less 2% of that
9amount, which shall be deposited into the Tax Compliance and
10Administration Fund and shall be used by the Department,
11subject to appropriation, to cover the costs of the Department
12in administering and enforcing the provisions of this Section,
13on behalf of the county, (ii) plus an amount that the
14Department determines is necessary to offset any amounts that
15were erroneously paid to a different taxing body; (iii) less an
16amount equal to the amount of refunds made during the second
17preceding calendar month by the Department on behalf of the
18county; and (iv) less any amount that the Department determines
19is necessary to offset any amounts that were payable to a
20different taxing body but were erroneously paid to the county.
21When certifying the amount of a monthly disbursement to a
22regional superintendent of schools under this Section, the
23Department shall increase or decrease the amounts by an amount
24necessary to offset any miscalculation of previous
25disbursements within the previous 6 months from the time a
26miscalculation is discovered.

 

 

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1    Within 10 days after receipt by the Comptroller from the
2Department of the disbursement certification to the regional
3superintendents of the schools provided for in this Section,
4the Comptroller shall cause the orders to be drawn for the
5respective amounts in accordance with directions contained in
6the certification.
7    If the Department determines that a refund should be made
8under this Section to a claimant instead of issuing a credit
9memorandum, then the Department shall notify the Comptroller,
10who shall cause the order to be drawn for the amount specified
11and to the person named in the notification from the
12Department. The refund shall be paid by the Treasurer out of
13the School Facility Occupation Tax Fund.
14    (e) For the purposes of determining the local governmental
15unit whose tax is applicable, a retail sale by a producer of
16coal or another mineral mined in Illinois is a sale at retail
17at the place where the coal or other mineral mined in Illinois
18is extracted from the earth. This subsection does not apply to
19coal or another mineral when it is delivered or shipped by the
20seller to the purchaser at a point outside Illinois so that the
21sale is exempt under the United States Constitution as a sale
22in interstate or foreign commerce.
23    (f) Nothing in this Section may be construed to authorize a
24tax to be imposed upon the privilege of engaging in any
25business that under the Constitution of the United States may
26not be made the subject of taxation by this State.

 

 

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1    (g) If a county board imposes a tax under this Section
2pursuant to a referendum held before August 23, 2011 (the
3effective date of Public Act 97-542) at a rate below the rate
4set forth in the question approved by a majority of electors of
5that county voting on the question as provided in subsection
6(c), then the county board may, by ordinance, increase the rate
7of the tax up to the rate set forth in the question approved by
8a majority of electors of that county voting on the question as
9provided in subsection (c). If a county board imposes a tax
10under this Section pursuant to a referendum held before August
1123, 2011 (the effective date of Public Act 97-542), then the
12board may, by ordinance, discontinue or reduce the rate of the
13tax. If a tax is imposed under this Section pursuant to a
14referendum held on or after August 23, 2011 (the effective date
15of Public Act 97-542) and before the effective date of this
16amendatory Act of the 101st General Assembly, then the county
17board may reduce or discontinue the tax, but only in accordance
18with subsection (h-5) of this Section. If a tax is imposed
19under this Section pursuant to a referendum held on or after
20the effective date of this amendatory Act of the 101st General
21Assembly, then the county board may reduce or discontinue the
22tax, but only in accordance with subsection (h-10). If,
23however, a school board issues bonds that are secured by the
24proceeds of the tax under this Section, then the county board
25may not reduce the tax rate or discontinue the tax if that rate
26reduction or discontinuance would adversely affect the school

 

 

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1board's ability to pay the principal and interest on those
2bonds as they become due or necessitate the extension of
3additional property taxes to pay the principal and interest on
4those bonds. If the county board reduces the tax rate or
5discontinues the tax, then a referendum must be held in
6accordance with subsection (c) of this Section in order to
7increase the rate of the tax or to reimpose the discontinued
8tax.
9    Until January 1, 2014, the results of any election that
10imposes, reduces, or discontinues a tax under this Section must
11be certified by the election authority, and any ordinance that
12increases or lowers the rate or discontinues the tax must be
13certified by the county clerk and, in each case, filed with the
14Illinois Department of Revenue either (i) on or before the
15first day of April, whereupon the Department shall proceed to
16administer and enforce the tax or change in the rate as of the
17first day of July next following the filing; or (ii) on or
18before the first day of October, whereupon the Department shall
19proceed to administer and enforce the tax or change in the rate
20as of the first day of January next following the filing.
21    Beginning January 1, 2014, the results of any election that
22imposes, reduces, or discontinues a tax under this Section must
23be certified by the election authority, and any ordinance that
24increases or lowers the rate or discontinues the tax must be
25certified by the county clerk and, in each case, filed with the
26Illinois Department of Revenue either (i) on or before the

 

 

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1first day of May, whereupon the Department shall proceed to
2administer and enforce the tax or change in the rate as of the
3first day of July next following the filing; or (ii) on or
4before the first day of October, whereupon the Department shall
5proceed to administer and enforce the tax or change in the rate
6as of the first day of January next following the filing.
7    (h) For purposes of this Section, "school facility
8purposes" means (i) the acquisition, development,
9construction, reconstruction, rehabilitation, improvement,
10financing, architectural planning, and installation of capital
11facilities consisting of buildings, structures, and durable
12equipment and for the acquisition and improvement of real
13property and interest in real property required, or expected to
14be required, in connection with the capital facilities and (ii)
15the payment of bonds or other obligations heretofore or
16hereafter issued, including bonds or other obligations
17heretofore or hereafter issued to refund or to continue to
18refund bonds or other obligations issued, for school facility
19purposes, provided that the taxes levied to pay those bonds are
20abated by the amount of the taxes imposed under this Section
21that are used to pay those bonds. "School-facility purposes"
22also includes fire prevention, safety, energy conservation,
23accessibility, school security, and specified repair purposes
24set forth under Section 17-2.11 of the School Code.
25    (h-5) A county board in a county where a tax has been
26imposed under this Section pursuant to a referendum held on or

 

 

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1after August 23, 2011 (the effective date of Public Act 97-542)
2and before the effective date of this amendatory Act of the
3101st General Assembly may, by ordinance or resolution, submit
4to the voters of the county the question of reducing or
5discontinuing the tax. In the ordinance or resolution, the
6county board shall certify the question to the proper election
7authority in accordance with the Election Code. The election
8authority must submit the question in substantially the
9following form:
10        Shall the school facility retailers' occupation tax
11    and service occupation tax (commonly referred to as the
12    "school facility sales tax") currently imposed in (name of
13    county) at a rate of (insert rate) be (reduced to (insert
14    rate))(discontinued)?
15If a majority of the electors voting on the question vote in
16the affirmative, then, subject to the provisions of subsection
17(g) of this Section, the tax shall be reduced or discontinued
18as set forth in the question.
19    (h-10) A county board in a county where a tax has been
20imposed under this Section pursuant to a referendum held on or
21after the effective date of this amendatory Act of the 101st
22General Assembly may, by ordinance or resolution, submit to the
23voters of the county the question of reducing or discontinuing
24the tax. In the ordinance or resolution, the county board shall
25certify the question to the proper election authority in
26accordance with the Election Code. The election authority must

 

 

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1submit the question in substantially the following form:
2        Shall the school facility and resources retailers'
3    occupation tax and service occupation tax (commonly
4    referred to as the school facility and resources sales tax)
5    currently imposed in (name of county) at a rate of (insert
6    rate) be (reduced to (insert rate)) (discontinued)?
7    The election authority must record the votes as "Yes" or
8"No".
9    If a majority of the electors voting on the question vote
10in the affirmative, then, subject to the provisions of
11subsection (g) of this Section, the tax shall be reduced or
12discontinued as set forth in the question.
13    (i) This Section does not apply to Cook County.
14    (j) This Section may be cited as the County School Facility
15and Resources Occupation Tax Law.
16(Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;
1799-642, eff. 7-28-16; 100-1171, eff. 1-4-19.)
 
18    Section 20. The School Code is amended by changing Sections
193-14.31, 10-20.43, 10-22.36, and 17-2.11 as follows:
 
20    (105 ILCS 5/3-14.31)
21    Sec. 3-14.31. School facility and resources occupation tax
22proceeds.
23    (a) Within 30 days after receiving any proceeds of a school
24facility and resources occupation tax under Section 5-1006.7 of

 

 

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1the Counties Code, each regional superintendent must disburse
2those proceeds to each school district that is located in the
3county in which the tax was collected.
4    (b) The proceeds must be disbursed on an enrollment basis
5and allocated based upon the number of each school district's
6resident pupils that reside within the county collecting the
7tax divided by the total number of resident students within the
8county.
9(Source: P.A. 95-675, eff. 10-11-07; 95-850, eff. 1-1-09.)
 
10    (105 ILCS 5/10-20.43)
11    Sec. 10-20.43. School facility and resources occupation
12tax fund. All proceeds received by a school district from a
13distribution under Section 3-14.31 must be maintained in a
14special fund known as the school facility and resources
15occupation tax fund. The district may use moneys in that fund
16only for school facility purposes, as that term is defined
17under Section 5-1006.7 of the Counties Code.
18(Source: P.A. 97-813, eff. 7-13-12.)
 
19    (105 ILCS 5/10-22.36)  (from Ch. 122, par. 10-22.36)
20    Sec. 10-22.36. Buildings for school purposes. To build or
21purchase a building for school classroom or instructional
22purposes upon the approval of a majority of the voters upon the
23proposition at a referendum held for such purpose or in
24accordance with Section 17-2.11, 19-3.5, or 19-3.10. The board

 

 

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1may initiate such referendum by resolution. The board shall
2certify the resolution and proposition to the proper election
3authority for submission in accordance with the general
4election law.
5    The questions of building one or more new buildings for
6school purposes or office facilities, and issuing bonds for the
7purpose of borrowing money to purchase one or more buildings or
8sites for such buildings or office sites, to build one or more
9new buildings for school purposes or office facilities or to
10make additions and improvements to existing school buildings,
11may be combined into one or more propositions on the ballot.
12    Before erecting, or purchasing or remodeling such a
13building the board shall submit the plans and specifications
14respecting heating, ventilating, lighting, seating, water
15supply, toilets and safety against fire to the regional
16superintendent of schools having supervision and control over
17the district, for approval in accordance with Section 2-3.12.
18    Notwithstanding any of the foregoing, no referendum shall
19be required if the purchase, construction, or building of any
20such building (1) occurs while the building is being leased by
21the school district or (2) is paid with (A) funds derived from
22the sale or disposition of other buildings, land, or structures
23of the school district or (B) funds received (i) as a grant
24under the School Construction Law or (ii) as gifts or
25donations, provided that no funds to purchase, construct, or
26build such building, other than lease payments, are derived

 

 

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1from the district's bonded indebtedness or the tax levy of the
2district.
3    Notwithstanding any of the foregoing, no referendum shall
4be required if the purchase, construction, or building of any
5such building is paid with funds received from the County
6School Facility and Resources Occupation Tax Law under Section
75-1006.7 of the Counties Code or from the proceeds of bonds or
8other debt obligations secured by revenues obtained from that
9Law.
10(Source: P.A. 96-517, eff. 8-14-09; 97-542, eff. 8-23-11.)
 
11    (105 ILCS 5/17-2.11)  (from Ch. 122, par. 17-2.11)
12    Sec. 17-2.11. School board power to levy a tax or to borrow
13money and issue bonds for fire prevention, safety, energy
14conservation, accessibility, school security, and specified
15repair purposes.
16    (a) Whenever, as a result of any lawful order of any
17agency, other than a school board, having authority to enforce
18any school building code applicable to any facility that houses
19students, or any law or regulation for the protection and
20safety of the environment, pursuant to the Environmental
21Protection Act, any school district having a population of less
22than 500,000 inhabitants is required to alter or reconstruct
23any school building or permanent, fixed equipment; the district
24may, by proper resolution, levy a tax for the purpose of making
25such alteration or reconstruction, based on a survey report by

 

 

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1an architect or engineer licensed in this State, upon all of
2the taxable property of the district at the value as assessed
3by the Department of Revenue and at a rate not to exceed 0.05%
4per year for a period sufficient to finance such alteration or
5reconstruction, upon the following conditions:
6        (1) When there are not sufficient funds available in
7    the operations and maintenance fund of the school district,
8    the school facility occupation tax fund of the district, or
9    the fire prevention and safety fund of the district, as
10    determined by the district on the basis of rules adopted by
11    the State Board of Education, to make such alteration or
12    reconstruction or to purchase and install such permanent,
13    fixed equipment so ordered or determined as necessary.
14    Appropriate school district records must be made available
15    to the State Superintendent of Education, upon request, to
16    confirm this insufficiency.
17        (2) When a certified estimate of an architect or
18    engineer licensed in this State stating the estimated
19    amount necessary to make the alteration or reconstruction
20    or to purchase and install the equipment so ordered has
21    been secured by the school district, and the estimate has
22    been approved by the regional superintendent of schools
23    having jurisdiction over the district and the State
24    Superintendent of Education. Approval must not be granted
25    for any work that has already started without the prior
26    express authorization of the State Superintendent of

 

 

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1    Education. If the estimate is not approved or is denied
2    approval by the regional superintendent of schools within 3
3    months after the date on which it is submitted to him or
4    her, the school board of the district may submit the
5    estimate directly to the State Superintendent of Education
6    for approval or denial.
7    In the case of an emergency situation, where the estimated
8cost to effectuate emergency repairs is less than the amount
9specified in Section 10-20.21 of this Code, the school district
10may proceed with such repairs prior to approval by the State
11Superintendent of Education, but shall comply with the
12provisions of subdivision (2) of this subsection (a) as soon
13thereafter as may be as well as Section 10-20.21 of this Code.
14If the estimated cost to effectuate emergency repairs is
15greater than the amount specified in Section 10-20.21 of this
16Code, then the school district shall proceed in conformity with
17Section 10-20.21 of this Code and with rules established by the
18State Board of Education to address such situations. The rules
19adopted by the State Board of Education to deal with these
20situations shall stipulate that emergency situations must be
21expedited and given priority consideration. For purposes of
22this paragraph, an emergency is a situation that presents an
23imminent and continuing threat to the health and safety of
24students or other occupants of a facility, requires complete or
25partial evacuation of a building or part of a building, or
26consumes one or more of the 5 emergency days built into the

 

 

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1adopted calendar of the school or schools or would otherwise be
2expected to cause such school or schools to fall short of the
3minimum school calendar requirements.
4    (b) Whenever any such district determines that it is
5necessary for energy conservation purposes that any school
6building or permanent, fixed equipment should be altered or
7reconstructed and that such alterations or reconstruction will
8be made with funds not necessary for the completion of approved
9and recommended projects contained in any safety survey report
10or amendments thereto authorized by Section 2-3.12 of this Act;
11the district may levy a tax or issue bonds as provided in
12subsection (a) of this Section.
13    (c) Whenever any such district determines that it is
14necessary for accessibility purposes and to comply with the
15school building code that any school building or equipment
16should be altered or reconstructed and that such alterations or
17reconstruction will be made with funds not necessary for the
18completion of approved and recommended projects contained in
19any safety survey report or amendments thereto authorized under
20Section 2-3.12 of this Act, the district may levy a tax or
21issue bonds as provided in subsection (a) of this Section.
22    (d) Whenever any such district determines that it is
23necessary for school security purposes and the related
24protection and safety of pupils and school personnel that any
25school building or property should be altered or reconstructed
26or that security systems and equipment (including but not

 

 

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1limited to intercom, early detection and warning, access
2control and television monitoring systems) should be purchased
3and installed, and that such alterations, reconstruction or
4purchase and installation of equipment will be made with funds
5not necessary for the completion of approved and recommended
6projects contained in any safety survey report or amendment
7thereto authorized by Section 2-3.12 of this Act and will deter
8and prevent unauthorized entry or activities upon school
9property by unknown or dangerous persons, assure early
10detection and advance warning of any such actual or attempted
11unauthorized entry or activities and help assure the continued
12safety of pupils and school staff if any such unauthorized
13entry or activity is attempted or occurs; the district may levy
14a tax or issue bonds as provided in subsection (a) of this
15Section.
16    If such a school district determines that it is necessary
17for school security purposes and the related protection and
18safety of pupils and school staff to hire a school resource
19officer or that personnel costs for school counselors, mental
20health experts, or school resource officers are necessary and
21the district determines that it does not need funds for any of
22the other purposes set forth in this Section, then the district
23may levy a tax or issue bonds as provided in subsection (a).
24    (e) If a school district does not need funds for other fire
25prevention and safety projects, including the completion of
26approved and recommended projects contained in any safety

 

 

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1survey report or amendments thereto authorized by Section
22-3.12 of this Act, and it is determined after a public hearing
3(which is preceded by at least one published notice (i)
4occurring at least 7 days prior to the hearing in a newspaper
5of general circulation within the school district and (ii)
6setting forth the time, date, place, and general subject matter
7of the hearing) that there is a substantial, immediate, and
8otherwise unavoidable threat to the health, safety, or welfare
9of pupils due to disrepair of school sidewalks, playgrounds,
10parking lots, or school bus turnarounds and repairs must be
11made; then the district may levy a tax or issue bonds as
12provided in subsection (a) of this Section.
13    (f) For purposes of this Section a school district may
14replace a school building or build additions to replace
15portions of a building when it is determined that the
16effectuation of the recommendations for the existing building
17will cost more than the replacement costs. Such determination
18shall be based on a comparison of estimated costs made by an
19architect or engineer licensed in the State of Illinois. The
20new building or addition shall be equivalent in area (square
21feet) and comparable in purpose and grades served and may be on
22the same site or another site. Such replacement may only be
23done upon order of the regional superintendent of schools and
24the approval of the State Superintendent of Education.
25    (g) The filing of a certified copy of the resolution
26levying the tax when accompanied by the certificates of the

 

 

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

 

 

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1use such excess and other board restricted funds, excluding
2bond proceeds and earnings from such proceeds, as follows:
3        (1) for other authorized fire prevention, safety,
4    energy conservation, required safety inspections, school
5    security purposes, sampling for lead in drinking water in
6    schools, and for repair and mitigation due to lead levels
7    in the drinking water supply; or
8        (2) for transfer to the Operations and Maintenance Fund
9    for the purpose of abating an equal amount of operations
10    and maintenance purposes taxes.
11Notwithstanding subdivision (2) of this subsection (j) and
12subsection (k) of this Section, through June 30, 2020, the
13school board may, by proper resolution following a public
14hearing set by the school board or the president of the school
15board (that is preceded (i) by at least one published notice
16over the name of the clerk or secretary of the board, occurring
17at least 7 days and not more than 30 days prior to the hearing,
18in a newspaper of general circulation within the school
19district and (ii) by posted notice over the name of the clerk
20or secretary of the board, at least 48 hours before the
21hearing, at the principal office of the school board or at the
22building where the hearing is to be held if a principal office
23does not exist, with both notices setting forth the time, date,
24place, and subject matter of the hearing), transfer surplus
25life safety taxes and interest earnings thereon to the
26Operations and Maintenance Fund for building repair work.

 

 

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1    (k) If any transfer is made to the Operation and
2Maintenance Fund, the secretary of the school board shall
3within 30 days notify the county clerk of the amount of that
4transfer and direct the clerk to abate the taxes to be extended
5for the purposes of operations and maintenance authorized under
6Section 17-2 of this Act by an amount equal to such transfer.
7    (l) If the proceeds from the tax levy authorized by this
8Section are insufficient to complete the work approved under
9this Section, the school board is authorized to sell bonds
10without referendum under the provisions of this Section in an
11amount that, when added to the proceeds of the tax levy
12authorized by this Section, will allow completion of the
13approved work.
14    (m) Any bonds issued pursuant to this Section shall bear
15interest at a rate not to exceed the maximum rate authorized by
16law at the time of the making of the contract, shall mature
17within 20 years from date, and shall be signed by the president
18of the school board and the treasurer of the school district.
19    (n) In order to authorize and issue such bonds, the school
20board shall adopt a resolution fixing the amount of bonds, the
21date thereof, the maturities thereof, rates of interest
22thereof, place of payment and denomination, which shall be in
23denominations of not less than $100 and not more than $5,000,
24and provide for the levy and collection of a direct annual tax
25upon all the taxable property in the school district sufficient
26to pay the principal and interest on such bonds to maturity.

 

 

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

 

 

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1Omnibus Bond Acts, and (iii) that instruments issued under this
2Section within the supplementary authority granted by the
3Omnibus Bond Acts are not invalid because of any provision of
4this Act that may appear to be or to have been more restrictive
5than those Acts.
6    (r) When the purposes for which the bonds are issued have
7been accomplished and paid for in full and there remain funds
8on hand from the proceeds of the bond sale and interest
9earnings therefrom, the board shall, by resolution, use such
10excess funds in accordance with the provisions of Section
1110-22.14 of this Act.
12    (s) Whenever any tax is levied or bonds issued for fire
13prevention, safety, energy conservation, and school security
14purposes, such proceeds shall be deposited and accounted for
15separately within the Fire Prevention and Safety Fund.
16(Source: P.A. 99-143, eff. 7-27-15; 99-713, eff. 8-5-16;
1799-922, eff. 1-17-17; 100-465, eff. 8-31-17.)
 
18    Section 25. The School Safety Drill Act is amended by
19changing Section 25 and adding Section 45 as follows:
 
20    (105 ILCS 128/25)
21    Sec. 25. Annual review.
22    (a) Each public school district, through its school board
23or the board's designee, shall conduct a minimum of one annual
24meeting at which it will review each school building's

 

 

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1emergency and crisis response plans, protocols, and
2procedures, including procedures regarding the school
3district's threat assessment team, and each building's
4compliance with the school safety drill programs. The purpose
5of this annual review shall be to review and update the
6emergency and crisis response plans, protocols, and procedures
7and the school safety drill programs of the district and each
8of its school buildings. This review must be at no cost to the
9school district. In updating a school building's emergency and
10crisis response plans, consideration may be given to making the
11emergency and crisis response plans available to first
12responders, administrators, and teachers for implementation
13and utilization through the use of electronic applications on
14electronic devices, including, but not limited to,
15smartphones, tablets, and laptop computers.
16    (b) Each school board or the board's designee is required
17to participate in the annual review and to invite each of the
18following parties to the annual review and provide each party
19with a minimum of 30 days' notice before the date of the annual
20review:
21        (1) The principal of each school within the school
22    district or his or her official designee.
23        (2) Representatives from any other education-related
24    organization or association deemed appropriate by the
25    school district.
26        (3) Representatives from all local first responder

 

 

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1    organizations to participate, advise, and consult in the
2    review process, including, but not limited to:
3            (A) the appropriate local fire department or
4        district;
5            (B) the appropriate local law enforcement agency;
6            (C) the appropriate local emergency medical
7        services agency if the agency is a separate, local
8        first responder unit; and
9            (D) any other member of the first responder or
10        emergency management community that has contacted the
11        district superintendent or his or her designee during
12        the past year to request involvement in a school's
13        emergency planning or drill process.
14        (4) The school board or its designee may also choose to
15    invite to the annual review any other persons whom it
16    believes will aid in the review process, including, but not
17    limited to, any members of any other education-related
18    organization or the first responder or emergency
19    management community.
20    (c) Upon the conclusion of the annual review, the school
21board or the board's designee shall sign a one page report,
22which may be in either a check-off format or a narrative
23format, that does the following:
24        (1) summarizes the review's recommended changes to the
25    existing school safety plans and drill plans;
26        (2) lists the parties that participated in the annual

 

 

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1    review, and includes the annual review's attendance
2    record;
3        (3) certifies that an effective review of the emergency
4    and crisis response plans, protocols, and procedures and
5    the school safety drill programs of the district and each
6    of its school buildings has occurred;
7        (4) states that the school district will implement
8    those plans, protocols, procedures, and programs, during
9    the academic year; and
10        (5) includes the authorization of the school board or
11    the board's designee.
12    (d) The school board or its designee shall send a copy of
13the report to each party that participates in the annual review
14process and to the appropriate regional superintendent of
15schools. If any of the participating parties have comments on
16the certification document, those parties shall submit their
17comments in writing to the appropriate regional
18superintendent. The regional superintendent shall maintain a
19record of these comments. The certification document may be in
20a check-off format or narrative format, at the discretion of
21the district superintendent.
22    (e) The review must occur at least once during the fiscal
23year, at a specific time chosen at the school district
24superintendent's discretion.
25    (f) A private school shall conduct a minimum of one annual
26meeting at which the school must review each school building's

 

 

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1emergency and crisis response plans, protocols, and procedures
2and each building's compliance with the school safety drill
3programs of the school. The purpose of this annual review shall
4be to review and update the emergency and crisis response
5plans, protocols, and procedures and the school safety drill
6programs of the school. This review must be at no cost to the
7private school.
8    The private school shall invite representatives from all
9local first responder organizations to participate, advise,
10and consult in the review process, including, but not limited
11to, the following:
12        (1) the appropriate local fire department or fire
13    protection district;
14        (2) the appropriate local law enforcement agency;
15        (3) the appropriate local emergency medical services
16    agency if the agency is a separate, local first responder
17    unit; and
18        (4) any other member of the first responder or
19    emergency management community that has contacted the
20    school's chief administrative officer or his or her
21    designee during the past year to request involvement in the
22    school's emergency planning or drill process.
23(Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14; 99-78,
24eff. 7-20-15.)
 
25    (105 ILCS 128/45 new)

 

 

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1    Sec. 45. Threat assessment procedure.
2    (a) Each school district must implement a threat assessment
3procedure that may be part of a school board policy on targeted
4school violence and prevention. The procedure must include the
5creation of a threat assessment team. The team must include all
6of the following members:
7        (1) An administrator employed by the school district or
8    a special education cooperative that serves the school
9    district and is available to serve.
10        (2) A teacher employed by the school district or a
11    special education cooperative that serves the school
12    district and is available to serve.
13        (3) A school counselor employed by the school district
14    or a special education cooperative that serves the school
15    district and is available to serve.
16        (4) A school psychologist employed by the school
17    district or a special education cooperative that serves the
18    school district and is available to serve.
19        (5) A school social worker employed by the school
20    district or a special education cooperative that serves the
21    school district and is available to serve.
22        (6) At least one law enforcement official.
23    If a school district is unable to establish a threat
24assessment team with school district staff and resources, it
25may utilize a regional behavioral threat assessment and
26intervention team that includes mental health professionals, a

 

 

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1representative from the Illinois Law Enforcement Alarm System,
2a safety education officer from the Department of State Police,
3and local law enforcement representatives. All members of the
4regional team must complete the training courses offered by
5Western Illinois University's Office of Public Safety.
6    (b) The policy on targeted school violence and prevention
7that directs implementation of a threat assessment procedure
8must be a public document and must be posted on the school
9district's website with other school district policies.
10    (c) A school district shall establish the threat assessment
11team under this Section no later than 180 days after the
12effective date of this amendatory Act of the 101st General
13Assembly and must implement an initial threat assessment
14procedure no later than 120 days after the effective date of
15this amendatory Act of the 101st General Assembly.
16    (d) Any sharing of student information under this Section
17must comply with the federal Family Educational Rights and
18Privacy Act of 1974 and the Illinois School Student Records
19Act.
 
20    Section 35. The School Construction Law is amended by
21changing Section 5-25 as follows:
 
22    (105 ILCS 230/5-25)
23    Sec. 5-25. Eligibility and project standards.
24    (a) The State Board of Education shall establish

 

 

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1eligibility standards for school construction project grants
2and debt service grants. These standards shall include minimum
3enrollment requirements for eligibility for school
4construction project grants of 200 students for elementary
5districts, 200 students for high school districts, and 400
6students for unit districts. The total enrollment of member
7districts forming a cooperative high school in accordance with
8subsection (c) of Section 10-22.22 of the School Code shall
9meet the minimum enrollment requirements specified in this
10subsection (a). The State Board of Education shall approve a
11district's eligibility for a school construction project grant
12or a debt service grant pursuant to the established standards.
13    For purposes only of determining a Type 40 area vocational
14center's eligibility for an entity included in a school
15construction project grant or a school maintenance project
16grant, an area vocational center shall be deemed eligible if
17one or more of its member school districts satisfy the grant
18index criteria set forth in this Law. A Type 40 area vocational
19center that makes application for school construction funds
20after August 25, 2009 (the effective date of Public Act 96-731)
21shall be placed on the respective application cycle list. Type
2240 area vocational centers must be placed last on the priority
23listing of eligible entities for the applicable fiscal year.
24    (b) The Capital Development Board shall establish project
25standards for all school construction project grants provided
26pursuant to this Article. These standards shall include space

 

 

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1and capacity standards as well as the determination of
2recognized project costs that shall be eligible for State
3financial assistance and enrichment costs that shall not be
4eligible for State financial assistance.
5    (c) The State Board of Education and the Capital
6Development Board shall not establish standards that
7disapprove or otherwise establish limitations that restrict
8the eligibility of (i) a school district with a population
9exceeding 500,000 for a school construction project grant based
10on the fact that any or all of the school construction project
11grant will be used to pay debt service or to make lease
12payments, as authorized by subsection (b) of Section 5-35 of
13this Law, (ii) a school district located in whole or in part in
14a county that imposes a tax for school facility or resources
15purposes pursuant to Section 5-1006.7 of the Counties Code, or
16(iii) a school district that (1) was organized prior to 1860
17and (2) is located in part in a city originally incorporated
18prior to 1840, based on the fact that all or a part of the
19school construction project is owned by a public building
20commission and leased to the school district or the fact that
21any or all of the school construction project grant will be
22used to pay debt service or to make lease payments.
23    (d) A reorganized school district or cooperative high
24school may use a school construction application that was
25submitted by a school district that formed the reorganized
26school district or cooperative high school if that application

 

 

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1has not been entitled for a project by the State Board of
2Education and any one or more of the following happen within
3the current or prior 4 fiscal years:
4        (1) a new school district is created in accordance with
5    Article 11E of the School Code;
6        (2) an existing school district annexes all of the
7    territory of one or more other school districts in
8    accordance with Article 7 of the School Code; or
9        (3) a cooperative high school is formed in accordance
10    with subsection (c) of Section 10-22.22 of the School Code.
11A new elementary district formed from a school district
12conversion, as defined in Section 11E-15 of the School Code,
13may use only the application of the dissolved district whose
14territory is now included in the new elementary district and
15must obtain the written approval of the local school board of
16any other school district that includes territory from that
17dissolved district. A new high school district formed from a
18school district conversion, as defined in Section 11E-15 of the
19School Code, may use only the application of any dissolved
20district whose territory is now included in the new high school
21district, but only after obtaining the written approval of the
22local school board of any other school district that includes
23territory from that dissolved district. A cooperative high
24school using this Section must obtain the written approval of
25the local school board of the member school district whose
26application it is using. All other eligibility and project

 

 

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1standards apply to this Section.
2(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
396-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
48-20-10; 97-232, eff. 7-28-11; 97-333, eff. 8-12-11.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.".