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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
SCHOOLS (105 ILCS 5/) School Code. 105 ILCS 5/19b-1
(105 ILCS 5/19b-1) (from Ch. 122, par. 19b-1)
Sec. 19b-1.
Definitions.
In this Article words and phrases have the
meanings set forth in the following Sections preceding Section 19b-2.
(Source: P.A. 87-1106.)
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105 ILCS 5/19b-1.05
(105 ILCS 5/19b-1.05)
Sec. 19b-1.05.
Area vocational center.
"Area vocational center" means an
area vocational center created by joint agreement between school districts.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-1.1
(105 ILCS 5/19b-1.1) (from Ch. 122, par. 19b-1.1)
Sec. 19b-1.1. Energy conservation measure. "Energy conservation
measure" means any improvement, repair, alteration, or betterment of any
building or facility owned or operated by a school district or area
vocational center or any
equipment, fixture, or furnishing to be added to or used in any
such building or facility, subject to the building code authorized in Section 2-3.12 of this Code,
that is designed to reduce
energy consumption or operating costs, and may include, without limitation,
one or more of the following:
(1) Insulation of the building structure or systems | |
(2) Storm windows or doors, caulking or
| | weatherstripping, multiglazed windows or doors, heat absorbing or heat reflective glazed and coated window or door systems, additional glazing, reductions in glass area, or other window and door system modifications that reduce energy consumption.
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(3) Automated or computerized energy control systems.
(4) Heating, ventilating, or air conditioning system
| | modifications or replacements.
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(5) Replacement or modification of lighting fixtures
| | to increase the energy efficiency of the lighting system without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to the applicable State or local building code for the lighting system after the proposed modifications are made.
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(6) Energy recovery systems.
(7) Energy conservation measures that provide
| | long-term operating cost reductions.
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(Source: P.A. 95-612, eff. 9-11-07.)
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105 ILCS 5/19b-1.2
(105 ILCS 5/19b-1.2) (from Ch. 122, par. 19b-1.2)
Sec. 19b-1.2. Guaranteed energy savings contract. "Guaranteed energy
savings contract" means a contract for: (i) the implementation of an
energy audit, data collection, and other related analyses preliminary to
the undertaking of energy conservation measures; (ii) the evaluation and
recommendation of
energy conservation measures; (iii) the implementation of one or more
energy conservation measures; and (iv) the implementation of project
monitoring and data collection to verify post-installation energy
consumption and energy-related operating costs. The contract shall provide
that all payments, except
obligations on termination of the contract before its expiration, are to be
made over time and that the savings are guaranteed to the extent necessary
to pay the costs of
the energy conservation measures. Energy saving may include energy reduction and offsetting sources of renewable energy funds including renewable energy credits and carbon credits.
(Source: P.A. 96-1197, eff. 7-22-10.)
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105 ILCS 5/19b-1.3
(105 ILCS 5/19b-1.3) (from Ch. 122, par. 19b-1.3)
Sec. 19b-1.3.
Qualified provider.
"Qualified provider" means a person
or business whose employees are experienced and trained in the design,
implementation, or installation of
energy conservation measures. The minimum training required for any person
or employee under this Section shall be the satisfactory completion of at
least 40 hours of course instruction dealing with energy conservation
measures. A qualified provider to whom the contract is
awarded shall give a sufficient bond to the school district or area
vocational center for its
faithful performance.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-1.4
(105 ILCS 5/19b-1.4) (from Ch. 122, par. 19b-1.4)
Sec. 19b-1.4. Request for proposals. "Request for proposals" means a
competitive selection achieved by
negotiated procurement. The request for proposals shall be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication and
through at least one public notice, at least 30 days before the request
date in a newspaper published in the district or vocational center area, or
if no newspaper is
published in the district or vocational center area, in a newspaper of
general
circulation in the
area of the district or vocational center, from a school district or area
vocational center that will administer the
program, requesting innovative solutions and proposals for energy
conservation measures. Proposals submitted shall be sealed. The request
for proposals shall include all of the following:
(1) The name and address of the school district or | |
(2) The name, address, title, and phone number of a
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(3) Notice indicating that the school district or
| | area vocational center is requesting qualified providers to propose energy conservation measures through a guaranteed energy savings contract.
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(4) The date, time, and place where proposals must be
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(5) The evaluation criteria for assessing the
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(6) Any other stipulations and clarifications the
| | school district or area vocational center may require.
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(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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105 ILCS 5/19b-2
(105 ILCS 5/19b-2) (from Ch. 122, par. 19b-2)
Sec. 19b-2. Evaluation of proposal. Before entering into a guaranteed
energy savings contract under Section 19b-3, a school district or area
vocational center shall submit
a request for proposals. The school district or area vocational center
shall evaluate any sealed
proposal from a qualified provider. The evaluation shall analyze the estimates
of all costs of installations, modifications or remodeling, including, without
limitation, costs of a pre-installation energy audit or analysis, design,
engineering, installation, maintenance, repairs, debt
service, conversions to a different energy or fuel source, or
post-installation project monitoring, data collection, and reporting. The
evaluation shall include a detailed analysis of whether either the energy
consumed or the operating costs, or both, will be reduced. If technical
assistance is not available by a licensed architect or registered
professional engineer on the school district or area vocational center
staff, then the evaluation of
the proposal shall be done by a registered professional engineer or
architect, who is retained by the school district or area vocational
center. A licensed architect or registered professional engineer evaluating a proposal under this Section must not have any financial or contractual relationship with a qualified provider or other source that would constitute a conflict of interest. The school district or area vocational center may
pay a reasonable fee for evaluation of the proposal or include the fee as
part of the payments made under Section 19b-4.
(Source: P.A. 95-612, eff. 9-11-07.)
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105 ILCS 5/19b-3
(105 ILCS 5/19b-3) (from Ch. 122, par. 19b-3)
Sec. 19b-3. Award of guaranteed energy savings contract. Sealed
proposals must be opened by a member or employee of the school board or
governing board of the area vocational center, whichever is applicable, at a
public opening at which the contents of the proposals must be announced.
Each person or entity submitting a sealed proposal must receive at least 13
days notice of the time and place of the opening. The school
district or area vocational center shall select the qualified provider that
best meets the needs of
the district or area vocational center. The school district or area
vocational center shall provide public notice of the
meeting at which it proposes to award a guaranteed energy savings contract
of the names of the parties to the proposed contract and of the purpose of
the contract. The public notice shall be made at least 10 days prior to
the meeting. After evaluating the proposals under Section 19b-2, a school
district or area vocational center may enter into a guaranteed energy
savings contract with a
qualified provider if it finds that the amount it would spend on the energy
conservation measures recommended in the proposal would not exceed the
amount to be saved in either energy or operational costs, or both, within a
20-year period from the date of installation, if the
recommendations in
the proposal are followed. Contracts let or awarded must be submitted to the administrators of the Capital Development Board Procurement Bulletin for publication.
(Source: P.A. 95-612, eff. 9-11-07; 96-1197, eff. 7-22-10.)
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105 ILCS 5/19b-4
(105 ILCS 5/19b-4) (from Ch. 122, par. 19b-4)
Sec. 19b-4.
Guarantee.
The guaranteed energy savings contract shall
include a written guarantee of the qualified provider that either the
energy or operational cost savings, or both, will meet or exceed within 20
years the costs of the energy conservation measures. The qualified provider
shall reimburse the school district or area vocational center for any
shortfall of guaranteed energy
savings projected in the contract. A qualified provider shall provide a
sufficient bond to the school district or area vocational center for the
installation and the
faithful performance of all the measures included in the contract. The
guaranteed energy savings contract may provide for payments over a period
of time, not to exceed 20 years from the date of final installation
of the
measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-5
(105 ILCS 5/19b-5) (from Ch. 122, par. 19b-5)
Sec. 19b-5. Installment payment contract; lease purchase agreement. A school district or
school districts in combination or an area vocational center may enter into
an
installment payment contract or lease purchase agreement with a qualified
provider or with a third party, as authorized by law, for the funding or financing of the purchase and installation of energy conservation measures by a qualified provider.
Every school district or area vocational center may issue certificates
evidencing the indebtedness
incurred pursuant to the contracts or agreements. Any such contract or
agreement shall be valid whether or not an appropriation with respect
thereto is first included in any annual or supplemental budget adopted by
the school district or area vocational center. Each contract or agreement
entered
into by a school district or area vocational center pursuant to this
Section shall be authorized by
official action of the school board or governing board of the area vocational
center, whichever is applicable. The authority granted in this Section is in addition to any other authority granted by law. If an energy audit is performed by an energy services contractor for a school district within the 3 years immediately preceding the solicitation, then the school district must publish as a reference document in the solicitation for energy conservation measures the following:
(1) an executive summary of the energy audit provided | | that the school district may exclude any proprietary or trademarked information or practices; or
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| (2) the energy audit provided that the school
| | district may redact any proprietary or trademarked information or practices.
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| A school district may not withhold the disclosure of information related to (i) the school district's consumption of energy, (ii) the physical condition of the school district's facilities, and (iii) any limitations prescribed by the school district.
The solicitation must include a written disclosure that identifies any energy services contractor that participated in the preparation of the specifications issued by the school district. If no energy services contractor participated in the preparation of the specifications issued by the school district, then the solicitation must include a written disclosure that no energy services contractor participated in the preparation of the specifications for the school district. The written disclosure shall be published in the Capital Development Board Procurement Bulletin with the Request for Proposal.
(Source: P.A. 96-1197, eff. 7-22-10; 97-333, eff. 8-12-11.)
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105 ILCS 5/19b-6
(105 ILCS 5/19b-6) (from Ch. 122, par. 19b-6)
Sec. 19b-6.
Term; budget and appropriations.
Guaranteed energy savings
contracts may extend beyond the fiscal year in which they become effective.
The school district or area vocational center shall include in its annual
budget and
appropriations measures for each subsequent fiscal year any amounts payable
under guaranteed energy savings contracts during that fiscal year.
Sections 2-3.12, 3-14.20, and 10-22.36 of the School Code shall apply to
this Article 19b.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-7
(105 ILCS 5/19b-7) (from Ch. 122, par. 19b-7)
Sec. 19b-7.
Operational and energy cost savings.
The school district or
area vocational center
shall document the operational and energy cost savings specified in the
guaranteed energy savings contract and designate and appropriate that
amount for an annual payment of the contract. If the annual energy savings
are less than projected under the guaranteed energy savings contract the
qualified
provider shall pay the difference as provided in Section 19b-4.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-8
(105 ILCS 5/19b-8) (from Ch. 122, par. 19b-8)
Sec. 19b-8.
Available funds.
A school district or area vocational
center may use funds
designated for operating or capital expenditures for any guaranteed energy
savings contract including purchases using installment payment contracts or
lease purchase agreements. A school district or area vocational center
that enters into such a
contract or agreement may covenant in such contract or agreement that
payments made thereunder shall be payable from the first funds legally
available in each fiscal year.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-9
(105 ILCS 5/19b-9) (from Ch. 122, par. 19b-9)
Sec. 19b-9.
Funding.
State aid and other amounts appropriated for
distribution to or reimbursement of a school district or area vocational
center shall not be reduced
as a result of energy savings realized from a guaranteed energy savings
contract or a lease purchase agreement for the purchase and installation of
energy conservation measures.
(Source: P.A. 92-767, eff. 8-6-02.)
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105 ILCS 5/19b-10
(105 ILCS 5/19b-10)
Sec. 19b-10.
(Repealed).
(Source: P.A. 89-397, eff. 8-20-95. Repealed by P.A. 92-767, eff.
8-6-02.)
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105 ILCS 5/19b-15 (105 ILCS 5/19b-15) Sec. 19b-15. Applicable laws. Other State laws and related administrative requirements apply to this Article, including, but not limited to, the following laws and related administrative requirements: the Illinois Human Rights Act, the Prevailing Wage Act, the Public Construction Bond Act, the Public Works Preference Act (repealed on June 16, 2010 by Public Act 96-929), the Employment of Illinois Workers on Public Works Act, the Freedom of Information Act, the Open Meetings Act, the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, the Local Government Professional Services Selection Act, and the Contractor Unified License and Permit Bond Act.
(Source: P.A. 97-333, eff. 8-12-11.) |
105 ILCS 5/19b-20 (105 ILCS 5/19b-20) Sec. 19b-20. Historic preservation. In order to protect the integrity of historic buildings, no provision of this Article shall be interpreted to require the implementation of energy conservation measures that conflict with respect to any property eligible for, nominated to, or entered on the National Register of Historic Places, pursuant to the National Historic Preservation Act of 1966, or the Illinois Register of Historic Places, pursuant to the Illinois Historic Preservation Act.
(Source: P.A. 95-612, eff. 9-11-07.) |
105 ILCS 5/Art. 20
(105 ILCS 5/Art. 20 heading)
ARTICLE 20.
WORKING CASH FUND
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105 ILCS 5/20-1
(105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
Sec. 20-1. Authority to create working cash fund. In each school district,
whether organized under general law or special charter, having a population
of less than 500,000 inhabitants, a fund to be known as a "Working Cash
Fund" may be created and maintained consistent with the limitations of this Article, for the purpose of enabling the district to have in its
treasury at all times sufficient money to meet demands thereon for expenditures for corporate purposes.
(Source: P.A. 98-756, eff. 7-16-14.)
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105 ILCS 5/20-2 (105 ILCS 5/20-2) (from Ch. 122, par. 20-2) Sec. 20-2. Indebtedness and bonds. For the purpose of creating, re-creating, or increasing a working cash fund, the school board of any such district may incur an indebtedness and issue bonds as evidence thereof in an amount or amounts not exceeding in the aggregate 85% of the taxes permitted to be levied for educational purposes for the then current year to be determined by multiplying the maximum educational tax rate or rates applicable to such school district by the last assessed valuation or assessed valuations as determined at the time of the issue of said bonds, plus 85% of the last known entitlement of such district to taxes as by law now or hereafter enacted or amended, imposed by the General Assembly of the State of Illinois to replace revenue lost by units of local government and school districts as a result of the abolition of ad valorem personal property taxes, pursuant to Article IX, Section 5, paragraph (c) of the Constitution of the State of Illinois, plus 85% of the most recent amount of funding received by the school district under Section 18-8.15. The authorized amount of bonds issued pursuant to this Section may be increased by an amount not to exceed 3% of that authorized amount to provide for expenses of issuing such bonds, including underwriter's compensation and costs of bond insurance or other credit enhancement, and also an amount to pay capitalized interest as otherwise permitted by law. The bonds shall bear interest at not more than the maximum rate authorized by law and shall mature within 20 years from the date thereof. Subject to the foregoing limitations as to amount, the bonds may be issued in an amount including existing indebtedness which will not exceed the constitutional limitation as to debt, notwithstanding any statutory debt limitation to the contrary. The school board shall before or at the time of issuing the bonds provide for the collection of a direct annual tax upon all the taxable property within the district sufficient to pay the principal thereof at maturity and to pay the interest thereon as it falls due, which tax shall be in addition to the maximum amount of all other taxes, either educational; transportation; operations and maintenance; or fire prevention and safety fund taxes, now or hereafter authorized and in addition to any limitations upon the levy of taxes as provided by Sections 17-2 through 17-9. With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts. (Source: P.A. 103-591, eff. 7-1-24.) |
105 ILCS 5/20-3
(105 ILCS 5/20-3)
(from Ch. 122, par. 20-3)
Sec. 20-3. Tax levy. For the purpose of providing moneys for a
working cash fund, the school board of any such school district may also
levy annually upon all the taxable property of their district a tax,
known as the "working cash fund tax," not to exceed 0.05% of
value, as
equalized or assessed by the Department of Revenue;
provided that no such tax shall be levied if bonds are issued in
amount or amounts equal in the aggregate to the limitation set forth in
Section 20-2 for the creation, re-creation, or increase of a working cash fund. The collection of the tax
shall not be anticipated by the issuance of any warrants drawn against
it. The tax shall be levied and collected, except as otherwise provided
in this Section, in like manner as the general taxes of the district,
and shall be in addition to the maximum of all other taxes, either
educational; transportation; operations and maintenance; or fire
prevention and safety fund taxes, now or hereafter to be levied for school
purposes. It may be levied by separate resolution by the last Tuesday in
December in each year or it may be included in the certificate of tax levy
filed under Section 17-11.
(Source: P.A. 96-1277, eff. 7-26-10.)
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105 ILCS 5/20-4
(105 ILCS 5/20-4) (from Ch. 122, par. 20-4)
Sec. 20-4. Use and reimbursement of fund. This Section shall not
apply in any school district which does not operate a working cash fund.
Moneys derived from the issuance of bonds as authorized by Section
20-2, or from any tax levied pursuant to Section 20-3, shall be used
only for the purposes and in the manner provided in this Article. Moneys in
the fund shall not be regarded as current assets available for school
purposes. The school board may appropriate moneys to the working cash
fund up to the maximum amount allowable in the fund, and the working cash
fund may receive such appropriations and any other contributions. Moneys
in the fund may be used by the school board for any and all school purposes and may be
transferred in whole or in part to the general funds or both of the
school district and disbursed therefrom in anticipation of the collection of
taxes lawfully levied for any or all purposes, in anticipation of such taxes
as by law now or hereafter enacted or amended are imposed by the General
Assembly of the State of Illinois to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, or in anticipation of funding received by the school district under Section 18-8.15. Moneys so transferred to any other fund
shall be deemed to be transferred in anticipation of the collection of that
part of the taxes so levied or to be received which is in excess of the amount
thereof required to pay any warrants or notes and the interest thereon
theretofore and thereafter issued in anticipation of the collection thereof and
such taxes when collected shall be applied to the payment of any such warrants
and the interest thereon, the amount estimated to be required to satisfy debt
service and pension or retirement obligations, as set forth in Section 12 of
the State Revenue Sharing Act and then to the reimbursement of such working
cash fund as hereinafter provided.
Upon receipt by the school district of any taxes or State funding in anticipation of
the collection whereof moneys of the working cash fund have been so
transferred for disbursement, the fund shall immediately be reimbursed
therefrom until the full amount so transferred has been retransferred to
the fund. Unless the taxes so received and applied to the reimbursement
of the working cash fund prior to the first day of the eighth month
following the month in which due and unpaid real property taxes begin to
bear interest are sufficient to effect a complete reimbursement of such
fund for any moneys transferred therefrom in anticipation of the
collection of such taxes, the working cash fund shall be reimbursed for
the amount of the deficiency therein from any other revenues accruing to
the educational fund, and the school board shall make provisions for the
immediate reimbursement of the amount of any such deficiency in its next
annual tax levy.
(Source: P.A. 101-416, eff. 8-16-19.)
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105 ILCS 5/20-5
(105 ILCS 5/20-5)
(from Ch. 122, par. 20-5)
Sec. 20-5. Transfer to other fund. This Section shall not apply in any
school district which does not operate a working cash fund.
Moneys in the working cash fund shall be transferred from the working cash fund to
another fund of the district only upon the authority of the school board which
shall from time to time by separate resolution direct the school treasurer to
make transfers of such sums as may be required for the purposes herein
authorized.
The resolution shall set forth (a) the taxes and State funding in anticipation of which
such transfer is to be made and from which the working cash fund is to
be reimbursed; (b) the entire amount of taxes extended, or which the school
board estimates will be extended or received, for any year in anticipation of
the collection of all or part of which such transfer is to be made; (c) the
aggregate amount of warrants or notes theretofore issued in anticipation of the
collection of such taxes together with the amount of interest accrued and which
the school board estimates will accrue thereon; (d) the aggregate amount of
receipts from taxes imposed to replace revenue lost by units of local
government and school districts as a result of the abolition of ad valorem
personal property taxes, pursuant to Article IX, Section 5(c) of the
Constitution of the State of Illinois, which the corporate authorities estimate
will be set aside for the payment of the proportionate amount of debt service
and pension or retirement obligations, as required by Section 12 of the State
Revenue Sharing Act; (e) the aggregate amount of money theretofore
transferred from the working cash fund to the other fund in anticipation of the
collection of such taxes and State funding; and (f) the aggregate amount of funding received by the school district under Section 18-8.15. The amount which any such resolution shall direct the
treasurer so to transfer, in anticipation of the collection of taxes levied or
to be received for any year, together with the aggregate amount of such
anticipation tax warrants or notes theretofore drawn against such taxes and the
amount of interest accrued and estimated to accrue thereon and the aggregate
amount of such transfers to be made in anticipation of the collection of such
taxes and the amount estimated to be required to satisfy debt service and
pension or retirement obligations, as set forth in Section 12 of the State
Revenue Sharing Act, shall not exceed 85% of the actual or estimated amount of
such taxes extended or to be extended or to be received as set forth in such
resolution. At any time moneys are
available in the working cash fund they
shall be transferred to such other funds of the district and used for any and all school purposes so as to avoid, whenever possible, the
issuance of anticipation tax warrants or notes.
Moneys earned as interest from the investment of the working cash fund, or
any portion thereof, may be transferred from the working cash fund to another
fund of the district that is most in need of the interest without any requirement of repayment to the working cash
fund, upon the authority of the school board by separate resolution directing
the school treasurer to make such transfer and stating the purpose in accordance with subsection (c) of Section 9 of the Local Government Debt Reform Act.
(Source: P.A. 101-416, eff. 8-16-19.)
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