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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 5/15-21
(105 ILCS 5/15-21) (from Ch. 122, par. 15-21)
Sec. 15-21.
Statements to be presented.
At the regular meeting of the county board in each year the county
superintendent shall present, first, a statement showing the sales of
school lands made subsequent to the first regular term of the previous
year, which shall be a copy of the sale book (book B); second, a statement
of the amount of money received, paid, and in hand, belonging to each
township or fund under his control, the statement of each fund to be
separate; third, a statement copied from his loan book (book C), showing
all the facts in regard to loans which are required to be stated in the
loan book.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-22
(105 ILCS 5/15-22) (from Ch. 122, par. 15-22)
Sec. 15-22.
Record of report and statement.
The county clerk shall record and preserve the report of the county
superintendent made to the county board at its first regular meeting in
each year relating to the sale of school lands, the amount of money
received, paid, loaned out and on hand, belonging to each township fund in
his control, and the statement copied from the loan book of such county
superintendent, showing all the facts in regard to loans which are required
to be stated in the loan book.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-23
(105 ILCS 5/15-23) (from Ch. 122, par. 15-23)
Sec. 15-23.
Common school lands.
The provisions of Sections 15-1 through 15-19, of this Article shall
have no application to the sale of any of the common school lands of any
township to a school district located within the township for use as a
schoolhouse site, and the trustees of schools or township land
commissioners in any township in which Section 16 or land granted in lieu
thereof remains unsold may sell to the governing body of any such school
district any tract of said common school lands where such tract has been
legally selected as a schoolhouse site for said district.
Where any tract of the common school lands of the township has been
legally selected as a schoolhouse site by the voters of any school district
within the township, the governing body of such school district may adopt a
resolution reciting the fact that the voters have legally selected such
tract as a schoolhouse site, describing it, setting forth the date of the
election and the fact that a majority of the voters voting at the election
selected the said tract as a schoolhouse site, and requesting the trustees
of schools, or township land commissioners upon payment to them of not to
exceed the sum authorized by the voters to be paid for any such tract, to
execute an instrument indicating that said trustees of schools or township
land commissioners of the township hold title to said tract for the use and
benefit of such school district. A certified copy of such resolution shall
be filed with the Clerk of the trustees of schools or township land
commissioners, and it shall be the duty of said trustees of schools or
township land commissioners of such township upon the filing of a certified
copy of such resolution with the Clerk of the trustees of schools, or
township land commissioners to execute an instrument of conveyance or an
instrument of declaration, indicating that they hold title to such property
for the use and benefit of said school district, which shall be filed of
record in the office of the recorder.
Notwithstanding the foregoing provisions of this Section, if the school
district is a school district located in a Class I county school unit, or if
the school district is a school district that has withdrawn from the
jurisdiction and authority of the trustees of schools of a township and the
township treasurer under subsection (b) of Section 5-1, the resolution of the
school board shall request the trustees of schools, township land
commissioners, regional board of school trustees, or other school officials
having title to the property, upon payment to them of not to exceed the sum
authorized by the voters, to deliver to the school board a deed, executed by
their president and their clerk or secretary, conveying good legal title to the
property selected as a schoolhouse site to the school board of the school
district.
(Source: P.A. 88-155.)
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105 ILCS 5/15-24
(105 ILCS 5/15-24) (from Ch. 122, par. 15-24)
Sec. 15-24.
Management of permanent funds.
The common school lands and township loanable funds in Class I
counties shall be managed and operated by township land commissioners
who shall receive no salary. In counties of fewer than 220,000
inhabitants, there shall be 3 land commissioners, who shall be elected
in the same manner as provided for the election of school directors, who
shall serve the same terms as school directors and shall be organized in
the same manner as school directors. In counties having 220,000
inhabitants or more but fewer than 2,000,000 inhabitants, the members of
the regional board of school trustees shall be the township land
commissioners, except that township land commissioners elected in any
such county prior to the effective date of this amendatory Act of 1963
shall continue to serve until the end of the term for which they were
elected. The township land commissioners shall hold title to, manage and
operate all common school lands and township loanable funds of such
township and receive the rents, issues and profits therefrom. Elections
shall be conducted in accordance with the general election law. The land commissioners
shall appoint a treasurer for a term of 2 years and fix his salary which
shall not be changed during such term. The proceeds of the rents, issues
and profits from such land and fund shall be promptly deposited with him
upon its receipt by the land commissioners. After the payment of the
necessary expenses incidental to the operation of such land and fund by
orders drawn on the treasurer and signed by the president and secretary
of the land commissioners, including actual expenses of the land
commissioners, the net income from such land and fund including
accumulated income undistributed at the effective date of this Act
shall, upon an order drawn by such treasurer and signed by the president
and secretary of such township land commissioners be distributed
annually on or before February 1 as provided in this Act.
(Source: P.A. 86-225.)
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105 ILCS 5/15-25
(105 ILCS 5/15-25) (from Ch. 122, par. 15-25)
Sec. 15-25.
Reports of treasurer.
The treasurer of the township land commissioners shall with respect to
the common school lands and township loanable fund held by them make the
reports to them required to be made by township treasurers to township
school trustees, give bond as required of township treasurers, and perform
the duties and exercise the powers of township treasurers.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-26
(105 ILCS 5/15-26) (from Ch. 122, par. 15-26)
Sec. 15-26.
Liquidation of permanent fund.
Upon a petition signed by at least one hundred voters of any school
township filed with the regional superintendent of schools
asking that the
permanent funds of such township be liquidated and distributed to the
schools of said township, said regional superintendent of
schools shall certify the proposition to the proper election authorities
for submission to the electorate at a regular scheduled election in said township
the proposition to liquidate such permanent funds and distribute the
proceeds thereof to the schools of the said school township. Such funds
may be deposited by the district either in the educational or
operations and maintenance fund, or in both in such proportion
as the school board shall determine. If the said proposition receives a
majority of the votes cast upon such proposition the
township land commissioners shall proceed to sell the lands included in
the assets of the permanent fund and liquidate the permanent funds of
said school township and distribute same in the manner provided in this
Article; if the average income from the permanent funds of any school
township for a period of three years amounts to less than $2500 the
regional board of school trustees or the township land commissioners
shall
proceed forthwith to liquidate such funds and sell the lands included in
the assets of the permanent fund without any petition or election.
The expenses of liquidation shall be paid out of the moneys obtained
from the liquidation. Upon completion of every sale of lands the
township land commissioners or the regional board of school trustees, as
the case may be, shall deliver to the purchaser a certificate of
purchase including the name and residence of the purchaser and the price
and description of the land.
(Source: P.A. 86-970.)
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105 ILCS 5/15-27
(105 ILCS 5/15-27) (from Ch. 122, par. 15-27)
Sec. 15-27.
Audit.
In the month of July of each year and at such other times as they may
think necessary the township land commissioners shall cause an audit to
be made by a public accountant of all funds under their jurisdiction. A
certified copy of such annual audit shall be filed with the regional
superintendent of schools and the State Board of Education
by October 15 each year.
(Source: P.A. 81-1508.)
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105 ILCS 5/15-28
(105 ILCS 5/15-28) (from Ch. 122, par. 15-28)
Sec. 15-28.
Township land commissioners successors to trustees of schools.
The township land commissioners elected under the provisions of this
Article shall be the successors to the trustees of schools elected under
"An Act in relation to the establishment, operation and maintenance of
public schools, providing for the transportation of and scholarships in
institutions of higher learning for students of all schools, and to repeal
certain acts herein named", approved March 18, 1961, as amended with
respect to the common school lands and township loanable fund of the
township. All rights of property of the common school lands and causes of
action existing or vested in the trustees of schools elected under such Act
as amended shall vest in the township land commissioners as successors in
as complete a manner as they were vested in the trustees of schools elected
under such Act as amended. All records, moneys, securities and other assets
of the common school lands of the several school townships in the county
and any obligations owing to such school townships shall be transferred by
the several boards of township trustees to the township land commissioners.
Such township land commissioners are empowered to receive such records and
assets. All assets so received shall be credited to the respective school
township from which they were received.
The township land commissioners shall designate a depositary for their
treasurer in the manner provided in Section 8-7 of this Act insofar as
applicable.
(Source: Laws 1967, p. 509 .)
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105 ILCS 5/15-29
(105 ILCS 5/15-29) (from Ch. 122, par. 15-29)
Sec. 15-29.
Bond.
It shall be the duty of the township land commissioners to examine the
bond of its treasurer and if found to be in proper form in the proper
amount with good and sufficient securities to approve same. If at any time
the said township land commissioners deem it necessary it shall require its
treasurer to execute a new bond but the execution of such new bond shall
not affect the old bond or the liabilities of the sureties thereon.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-30
(105 ILCS 5/15-30) (from Ch. 122, par. 15-30)
Sec. 15-30.
Liability of township land commissioners.
If the township land commissioners fail to observe the provisions of
this Act in reference to the distribution of funds and property, they shall
be individually and jointly liable to the district interested in a civil
action to the full amount of the damages sustained by the district
aggrieved.
(Source: Laws 1961, p. 31.)
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105 ILCS 5/15-31
(105 ILCS 5/15-31) (from Ch. 122, par. 15-31)
Sec. 15-31. Disposition of funds upon liquidation of permanent funds.
Any funds received as the result of the liquidation of the permanent
funds belonging to any school township shall after the payment of the
necessary expenses connected therewith be apportioned and distributed to
the school districts or parts of districts of such township -- including,
in the case of the liquidation of the permanent funds belonging to any
school township in a Class II county school unit, any school district
located in such township which theretofore withdrew from the jurisdiction
and authority of the trustees of schools of that township and from the
jurisdiction and authority of the township treasurer as provided in
subsection (b) of Section 5-1 -- in which
schools have been kept as required by law during the preceding year ending
June 30 according to the number of pupils in average daily attendance in
grades one to eight, each inclusive, and upon the completion of such
liquidation and distribution and the submission of all reports required by
law the office of township land commissioners and their treasurer in such
township shall terminate.
(Source: P.A. 94-1105, eff. 6-1-07 .)
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105 ILCS 5/Art. 15A
(105 ILCS 5/Art. 15A heading)
ARTICLE 15A. SCHOOL DESIGN-BUILD CONTRACTS
(Source: P.A. 103-491, eff. 1-1-24.) |
105 ILCS 5/15A-1 (105 ILCS 5/15A-1) Sec. 15A-1. Short title. This Article may be cited as the School Design-Build Authorization Law. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-5 (105 ILCS 5/15A-5) Sec. 15A-5. Purpose. The purpose of this Article is to authorize school districts to use design-build processes to increase the efficiency and effectiveness of delivering public projects. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-10 (105 ILCS 5/15A-10) Sec. 15A-10. Definitions. As used in this Article: "Delivery system" means the design and construction approach used to develop and construct a project. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build contract" means a contract for a public project under this Article between a school district and a design-build entity to furnish: architecture, engineering, land surveying, public art or interpretive exhibits, and related services, as required, and the labor, materials, equipment, and other construction services for the project. "Design-build entity" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that proposes to design and construct any public project under this Article. "Design professional" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that offers services under the Illinois Architecture Practice Act of 1989, the Professional Engineering Practice Act of 1989, the Structural Engineering Practice Act of 1989, or the Illinois Professional Land Surveyor Act of 1989. "Evaluation criteria" means the requirements for the separate phases of the selection process as set forth in this Article and may include the specialized experience, technical qualifications and competence, capacity to perform, past performance, experience with similar projects, assignment of personnel to the project, and other appropriate factors. "Proposal" means the offer to enter into a design-build contract as submitted by a design-build entity in accordance with this Article. "Public art designer" means an individual, sole proprietorship, firm, partnership, joint venture, corporation, professional corporation, or other entity that has demonstrated experience with the design and fabrication of public art, including any media that has been planned and executed with the intention of being staged in the physical public domain outside and accessible to all or any art that is exhibited in a public space, including publicly accessible buildings, or interpretive exhibits, including communication media that is designed to engage, excite, inform, relate, or reveal the intrinsic nature or indispensable quality of a topic or story being presented. "Request for proposal" means the document used by the school district to solicit proposals for a design-build contract. "Scope and performance criteria" means the requirements for the public project, such as the intended usage, capacity, size, scope, quality and performance standards, life-cycle costs, and other programmatic criteria that are expressed in performance-oriented and quantifiable specifications and drawings that can be reasonably inferred and are suited to allow a design-build entity to develop a proposal. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-15 (105 ILCS 5/15A-15) Sec. 15A-15. Solicitation of proposals. (a) A school district may enter into design-build contracts. In addition to the requirements set forth by the school board, if the school district elects to use the design-build delivery method, it must issue a notice of intent to receive proposals for the project at least 14 days before issuing the request for the proposal. The school district must publish the advance notice in the manner prescribed by the school board, which must include posting the advance notice online on its website. The school district may publish the notice in construction industry publications or post the notice on construction industry websites. A brief description of the proposed procurement must be included in the notice. The school district must provide a copy of the request for proposal to any party requesting a copy. (b) The request for proposal must be prepared for each project and must contain, without limitation, the following information: (1) The name of the school district. (2) A preliminary schedule for the completion of the | | (3) The proposed budget for the project, the source
| | of funds, and the currently available funds at the time the request for proposal is submitted.
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| (4) Prequalification criteria for design-build
| | entities wishing to submit proposals. The school district must include, at a minimum, its normal qualifications, licensing, registration, and other requirements; however, nothing precludes the use of additional prequalification criteria by the school district.
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| (5) Material requirements of the contract, such as
| | the proposed terms and conditions, required performance and payment bonds, insurance, and the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
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| (6) The performance criteria.
(7) The evaluation criteria for each phase of the
| | solicitation. Price may not be used as a factor in the evaluation of Phase I proposals.
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| (8) The number of entities that will be considered
| | for the technical and cost evaluation phase.
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| (c) The school district may include any other relevant information that it chooses to supply. The design-build entity may rely upon the accuracy of this documentation in the development of its proposal.
(d) The date that proposals are due must be at least 21 calendar days after the date of the issuance of the request for proposal. If the cost of the project is estimated to exceed $12,000,000, then the proposal due date must be at least 28 calendar days after the date of the issuance of the request for proposal. The school district must include in the request for proposal a minimum of 30 days to develop the Phase II submissions after the selection of entities from the Phase I evaluation is completed.
(Source: P.A. 103-491, eff. 1-1-24 .)
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105 ILCS 5/15A-20 (105 ILCS 5/15A-20) Sec. 15A-20. Development of scope and performance criteria. (a) The school district must develop, with the assistance of a licensed design professional or public art designer, a request for proposal, which must include scope and performance criteria. The scope and performance criteria must be in sufficient detail and contain adequate information to reasonably apprise the qualified design-build entities of the school district's overall programmatic needs and goals, including criteria, general budget parameters, schedule, and delivery requirements. (b) Each request for proposal must also include a description of the level of design to be provided in the proposals. This description must include the scope and type of renderings, drawings, and specifications that, at a minimum, will be required by the school district to be produced by the design-build entities. (c) The scope and performance criteria must be prepared by a design professional or public art designer who is an employee of the school district, or the school district may contract with an independent design professional or public art designer selected under the Local Government Professional Services Selection Act to provide these services. (d) The design professional or public art designer that prepares the scope and performance criteria is prohibited from participating in any design-build entity proposal for the project. (e) The design-build contract may be conditioned upon subsequent refinements in scope and price and may allow the school district to make modifications in the project scope without invalidating the design-build contract. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-25 (105 ILCS 5/15A-25) Sec. 15A-25. Procedures for selection. (a) The school district must use a 2-phase procedure for the selection of the successful design-build entity. Phase I of the procedure must evaluate and shortlist the design-build entities based on qualifications, and Phase II must evaluate the technical and cost proposals. (b) The school district must include in the request for proposal the evaluating factors to be used in Phase I. These factors are in addition to any prequalification requirements of design-build entities that the school district has set forth. Each request for proposal must establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation. The school district must include the following criteria in every Phase I evaluation of design-build entities: (1) experience of personnel; (2) successful experience with similar project types; (3) financial capability; (4) timeliness of past performance; (5) experience with similarly sized projects; (6) successful reference checks of the firm; (7) commitment to assign personnel for the duration | | of the project and qualifications of the entity's consultants; and
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| (8) ability or past performance in meeting or
| | exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
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| The school district may include any additional, relevant criteria in Phase I that it deems necessary for a proper qualification review.
The school district may not consider a design-build entity for evaluation or an award if the entity has any pecuniary interest in the project or has other relationships or circumstances, such as long-term leasehold, mutual performance, or development contracts with the school district, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety. A design-build entity shall not be disqualified under this Section solely due to having previously been awarded a project or projects under any applicable public procurement law of the State. No proposal may be considered that does not include an entity's plan to comply with the requirements established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act.
Upon completion of the qualification evaluation, the school district must create a shortlist of the most highly qualified design-build entities. The school district, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation if no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals. If a school district receives one response to Phase I, nothing herein shall prohibit the school district from proceeding with a Phase II evaluation of the single respondent, if the school district, in its discretion, finds proceeding to be in its best interest.
The school district must notify the entities selected for the shortlist in writing. This notification must commence the period for the preparation of the Phase II technical and cost evaluations. The school district must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the school district.
(c) The school district must include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II. Each request for proposal must establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the school district. The school district must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
The school district must include the following criteria in every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request
| | for proposal requirements;
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| (3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance
| | (7) constructability of the proposed project.
The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The school district must include the following criteria in every Phase II cost evaluation: the total project cost, the construction costs, and the time of completion. The school district may include any additional relevant technical evaluation factors it deems necessary for proper selection. The total project cost criteria weighting factor may not exceed 30%.
The school district must directly employ or retain a licensed design professional or a public art designer to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards. Upon completion of the technical submissions and cost submissions evaluation, the school district may award the design-build contract to the highest overall ranked entity.
(Source: P.A. 103-491, eff. 1-1-24 .)
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105 ILCS 5/15A-30 (105 ILCS 5/15A-30) Sec. 15A-30. Small projects. In any case in which the total overall cost of the project is estimated to be $12,000,000 or less, the school district may combine the 2-phase procedure for selection described in Section 15A-25 into one combined step if all the requirements of evaluation are performed in accordance with Section 15A-25. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-35 (105 ILCS 5/15A-35) Sec. 15A-35. Submission of proposals. Proposals must be properly identified and sealed. Proposals may not be reviewed until after the deadline for submission has passed as set forth in the request for proposal. Proposals must include a bid bond in the form and security as designated in the request for proposal. Proposals must also contain a separate sealed envelope with the cost information within the overall proposal submission. Proposals must include a list of all design professionals, public art designers, and other entities to which any work may be subcontracted during the performance of the contract. Proposals must meet all material requirements of the request for proposal, or they may be rejected as nonresponsive. The school district may reject any and all proposals. The drawings and specifications of the proposal may remain the property of the design-build entity. The school district must review the proposals for compliance with the performance criteria and evaluation factors. Proposals may be withdrawn prior to evaluation for any cause. After evaluation begins by the school district, clear and convincing evidence of error is required for withdrawal. After a response to a request for qualifications or a request for proposal has been submitted under this Section, a design-build entity may not replace, remove, or otherwise modify any firm identified as a member of the proposer's team unless authorized to do so by the school district. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-40 (105 ILCS 5/15A-40) Sec. 15A-40. Award; performance. The school district may award the contract to the highest overall ranked design-build entity. Notice of award must be made in writing. Unsuccessful design-build entities must also be notified in writing. The school district may not request a best and final offer after the receipt of proposals of all qualified design-build entities. The school district may negotiate with the selected design-build entity after the award, but prior to contract execution, for the purpose of securing better terms than originally proposed if the salient features of the request for proposal are not diminished. A design-build entity and associated design professionals must conduct themselves in accordance with the relevant laws of this State and the related provisions of the Illinois Administrative Code. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-45 (105 ILCS 5/15A-45) Sec. 15A-45. Evaluation and report. At the end of every 6-month period following the contract award, and again prior to final contract payout and closure, a selected design-build entity must detail, in a written report submitted to the school district, its efforts and success in implementing the entity's plan to comply with the utilization goals for business enterprises established in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act and the provisions of Section 2-105 of the Illinois Human Rights Act. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-50 (105 ILCS 5/15A-50) Sec. 15A-50. Exception. Nothing in this Article prevents a school district from using a qualification-based selection process for design professionals or construction managers for design-build projects. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/15A-90 (105 ILCS 5/15A-90) Sec. 15A-90. Severability. The provisions of this Article are severable under Section 1.31 of the Statute on Statutes. (Source: P.A. 103-491, eff. 1-1-24 .) |
105 ILCS 5/Art. 16
(105 ILCS 5/Art. 16 heading)
ARTICLE 16.
GIFTS--USE OF SITES--PLAYGROUNDS
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105 ILCS 5/16-1
(105 ILCS 5/16-1) (from Ch. 122, par. 16-1)
Sec. 16-1.
Gifts - Vested in school board.
Whenever any grant, gift,
donation or legacy of real or personal property has been or shall be,
directly or indirectly, made to or for the use of any public school
district or attendance center and the deed, will or other
instrument by which such grant, gift, donation, or legacy is made
declares in terms or in substance that such property shall be held,
managed, improved and invested or otherwise disposed of for the use and
benefit of the public schools in such district or an individual attendance
center, the title to such property shall be vested in the school board of
such district for use in whatever manner the board shall choose and shall
be held, managed, improved, invested or disposed of by
such board in such manner as the board, in its discretion, sees fit;
provided, however, when the person making such a grant, gift,
donation, or legacy expresses in the instrument by which it was made an
intention that it shall be used for a certain purpose, the school board
shall promote and carry into effect such intention until the board
determines in its discretion that it is no longer possible, practical or
prudent to do so.
This Section does not apply in any case where the deed, will or other
instrument effectively vests the title and control of such property in a
trustee or grantee named in such instrument unless the trustee or grantee
is incapable of taking or administering the trust, or refuses or fails to
accept the trust, in which case the title and control thereof shall vest as
provided in the preceding paragraph.
This Section does not validate any legacy which but
for this enactment would have been invalid.
(Source: P.A. 86-171.)
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105 ILCS 5/16-2
(105 ILCS 5/16-2) (from Ch. 122, par. 16-2)
Sec. 16-2. Joint
use of site and building.
Whenever the school boards of two or more school districts have agreed
upon the joint use of any school site and compensation to be paid therefor,
and any such site has been selected in the manner required by law, it is
lawful for such districts to use the same school site and after payment of
the compensation, the trustees of schools of the township or regional board
of school trustees, as the case may be, by proper instrument in writing
shall declare that title to such site is held for the joint use of such
districts according to the terms of such agreement, and such districts
shall be further authorized to construct, maintain and use a building
jointly for the benefit of the inhabitants thereof.
Notwithstanding any other provisions of this Section:
(1) If legal title to the selected site is held in the name of the school
board of a school district that has agreed to the joint use of the site with
any other school districts, and if those other school districts are also
districts
whose school boards, under subsection (a) of Section 10-22.35B of this Code, are to hold legal
title to school buildings and school sites of the district, then upon the
execution of the agreement and payment of the compensation in accordance with
the terms of the agreement the school boards of the districts shall be deemed
to hold legal title to the site as tenants in common, and the required deed or
deeds of conveyance shall be executed and delivered by the president and
secretary or clerk of the school boards to reflect that legal title to the
selected site is held in that manner.
(2) If one more but not all of the school boards that are party to the
agreement are school boards that, under subsection (a) of Section 10-22.35B of this Code, are to
hold legal title to the school buildings and school sites of the district, the
interest in the selected site of each school board that is to hold legal title
to the school buildings and school sites of the district shall be that of a
tenant in common; and the required deed or deeds of conveyance shall be
executed and delivered by the president and secretary or clerk of the trustees
of schools of the township, regional board of school trustees, township land
commissioners, or school boards, as the case may be, to reflect that tenancy in
common interest of the appropriate school board or school boards with the
trustees of schools of the township, regional board of school trustees or
township land commissioners, as the case may be, in the legal title to the
selected site.
(Source: P.A. 100-374, eff. 8-25-17.)
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105 ILCS 5/16-3
(105 ILCS 5/16-3) (from Ch. 122, par. 16-3)
Sec. 16-3.
Transfer of site to purchasing district.
Whenever the school board of any school district determines that any
schoolhouse site with or without a building thereon is of no further use
to the district and agrees with the school board of any other school
district, within or adjacent to the boundaries of which the site is
situated, upon the
sale thereof to such district and the price to be paid therefor, and
such sites are selected by the purchasing district in the manner
prescribed by law, after the payment of the compensation the trustees of
schools of the township, regional board of school trustees, township
land commissioners, or school board having legal title to the site shall, by proper deed of conveyance or instrument in
writing, convey legal title to, or transfer the use of the site to, the
purchasing district in accordance with applicable provisions of this Code.
(Source: P.A. 88-155.)
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105 ILCS 5/16-4
(105 ILCS 5/16-4) (from Ch. 122, par. 16-4)
Sec. 16-4.
Building jointly used - Sale of interest - Additions and
enlargements.
Whenever two school districts situated adjacent to one another or comprising
the same or partly the same
territory have a school site with
buildings thereon, owned by one of the districts but used under
agreement by both, the district owning the site and buildings may sell
to the other, and the other district has the right to purchase, an equal
or any other interest in the site and buildings under an agreement
between the two; and upon the execution of the agreement and the
acquiring the title to the interest by the purchasing district, the two
districts shall be deemed to hold title to the premises as tenants in
common; and thereafter the school districts, or either of them, may,
under appropriate terms in the first agreement, or under a new agreement
entered into by them, add to and enlarge any parts of the buildings, if
deemed necessary for the uses of the districts or either of them, and by
such sole or mutual expenditure of funds as may be nominated by the
terms of the agreement between the districts, and the expenditures shall
in no way change the individual interests of the districts in the premises
unless otherwise expressly so provided by the terms of the
agreement.
(Source: P.A. 81-1541.)
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105 ILCS 5/16-5
(105 ILCS 5/16-5) (from Ch. 122, par. 16-5)
Sec. 16-5.
Agreement for joint use of property.
Prior to the third Saturday of August of any year the school board of
any district which does not by itself maintain a high school may enter into
an agreement with any township high school board of education or the school
board of any other high school district, by which agreement grade school or
high school property, real or personal, owned by or held for the use
of either district within
territory included in both districts may be used jointly for school
purposes by both such districts in the manner provided in the agreement. If
such school district has a population of 1000 or more, and if legal title to
any real property affected by the agreement is not held by the school board of
a school district that is party to the agreement, the agreement shall
be invalid unless prior to such third Saturday of August the written
consent of the trustees of schools of the township or townships, regional
board of school trustees, or township land commissioners holding legal
title to the property affected by the agreement is first
obtained.
(Source: P.A. 88-155.)
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105 ILCS 5/16-6
(105 ILCS 5/16-6) (from Ch. 122, par. 16-6)
Sec. 16-6.
Compensation determined under eminent domain.
Whenever any lot or parcel of land is needed by any university, college,
township high school or other educational institution established and
supported by this State or by a township therein, or by a school district,
as a site for a building or for any educational purpose, including sites
purchased under authority of Section 10-22.31b, and compensation for the
lot or parcel of land cannot be agreed upon between the owners thereof and
the trustees, board of education, or other corporate authority of the
educational institution, or school district, the corporate authority of the
educational institution or school district may have the compensation
determined in the manner provided by law for the exercise of the right of
eminent domain. In Class I counties and in any school district which is
situated in a Class II county school unit but which no longer is subject
to the jurisdiction and authority of a township treasurer or trustees
of schools of a township because the district has withdrawn
from the jurisdiction and authority of the township treasurer and
trustees of schools of the township or because those offices have been
abolished as provided in subsection (b) or (c) of Section 5-1, the school
board shall engage counsel, pay all expenses and institute suit without any
authorization by the regional board of school trustees; and the proceedings
shall be in the name of the school board for the use
of the school district. But no tract of land outside the limits of any
incorporated city or village and within 40 rods of the dwelling of the
owner of the land shall be taken by the board of directors created in
Section 10-1 of this Act without the owner's consent: provided, however,
that a tract of land outside the limits of any incorporated city or village
lying not less than 200 feet from the dwelling of the owner of the land
which adjoins and is adjacent to a school site being used for school
purposes may be taken by the board in the manner provided by law for the
exercise of the right of eminent domain for the purpose of enlarging such
school site for educational and recreational purposes.
(Source: P.A. 87-473; 88-155.)
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105 ILCS 5/16-7
(105 ILCS 5/16-7) (from Ch. 122, par. 16-7)
Sec. 16-7.
Playgrounds,
recreation grounds and athletic fields.
Any school district organized and existing under the general law or by
special charter having a population of not more than 500,000 inhabitants
may acquire real estate by gift, donation, legacy, purchase or otherwise
and hold it for the purpose of establishing playgrounds, recreation grounds
and athletic fields, and may equip, operate and maintain such playgrounds,
recreation grounds and athletic fields, the cost of such acquiring and
equipping to be paid either from the proceeds of bonds issued for that
purpose or out of the operations and maintenance fund, and the
cost of such maintaining and operating to be paid from the educational
fund, of the district. Such real estate need not be contiguous to any other
school property or real estate owned by the school district.
(Source: P.A. 86-970 .)
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105 ILCS 5/16-8
(105 ILCS 5/16-8) (from Ch. 122, par. 16-8)
Sec. 16-8.
Supervision - Personnel - Police control.
The school board of any such school district acquiring real estate and
equipping, operating and maintaining it for the purposes provided in
Section 16-7 shall have supervision over such playgrounds, recreation
grounds or athletic fields, may employ play leaders, playground directors,
supervisors, recreation superintendents or athletic directors therefor, and
may take such steps to provide for the protection, sanitation, care and
management thereof as it deems appropriate.
If real estate and improvements thereon, including buildings, parking
lots, other improvements and equipment so acquired lies partly or wholly
outside and within 1 mile of the corporate limits of any city, village or
incorporated town situated in such district, such city, village or incorporated
town may exercise police control and protection over such real estate and
improvements thereon, including buildings, parking lots, other improvements
and equipment in the same manner and to the same extent that such city,
village or incorporated town would exercise police control and protection
thereover if such real estate and improvements thereon, including
buildings, parking lots, other improvements and equipment were situated
within the corporate limits thereof.
(Source: P.A. 86-1304.)
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105 ILCS 5/16-9
(105 ILCS 5/16-9) (from Ch. 122, par. 16-9)
Sec. 16-9.
Transfers to municipal corporations.
School districts and boards of education may also transfer real estate
in accordance with the provisions of "An Act in relation to the transfer of
real estate owned by municipalities", approved July 2, 1925, as amended,
title approved May 8, 1947.
(Source: Laws 1967, p. 506.)
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105 ILCS 5/16-10
(105 ILCS 5/16-10) (from Ch. 122, par. 16-10)
Sec. 16-10.
Fire
protection.
If the location of any public school building is not within any
municipality or fire protection district, fire protection service for such
building shall be provided by that municipality or fire protection district
which maintains the facility for fire fighting equipment which lies closest
to such building. The school district shall pay to the municipality or fire
protection district, as the case may be, the reasonable cost of such
service. If the respective corporate authorities of the school district and
of the municipality or fire protection district are unable to agree on the
cost of such service, the cost shall be determined by a civil action in the
circuit court of the circuit in which the school building is located.
(Source: P.A. 76-1790.)
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105 ILCS 5/Art. 17
(105 ILCS 5/Art. 17 heading)
ARTICLE 17.
BUDGETS--TAX RATES--TAX WARRANTS
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105 ILCS 5/17-1
(105 ILCS 5/17-1) (from Ch. 122, par. 17-1)
Sec. 17-1. Annual budget. The board of education of each school
district under 500,000 inhabitants shall, within or before the first
quarter of each fiscal year, adopt and file with the State Board of Education an annual balanced budget which it deems
necessary to defray all necessary expenses and liabilities of the
district, and in such annual budget shall specify the objects and
purposes of each item and amount needed for each object or purpose.
The budget shall be entered upon a School District Budget form prepared
and provided by the State Board of Education and therein shall contain
a statement of the cash on hand at the
beginning of the fiscal year, an estimate of the cash expected to be
received during such fiscal year from all sources, an estimate of the
expenditures contemplated for such fiscal year, and a statement of the
estimated cash expected to be on hand at the end of such year. The
estimate of taxes to be received may be based upon the amount of actual
cash receipts that may reasonably be expected by the district during
such fiscal year, estimated from the experience of the district in prior
years and with due regard for other circumstances that may substantially
affect such receipts. Nothing in this Section shall be construed as
requiring any district to change or preventing any district from
changing from a cash basis of financing to a surplus or deficit basis of
financing; or as requiring any district to change or preventing any
district from changing its system of accounting. The budget shall conform to the requirements adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
To the extent that a school district's budget is not balanced, the district shall also adopt and file with the State Board of Education a deficit reduction plan to balance the district's budget within 3 years. The deficit reduction plan must be filed at the same time as the budget, but the State Superintendent of Education may extend this deadline if the situation warrants.
If, as the result of an audit performed in compliance with Section 3-7 of this Code, the resulting Annual Financial Report required to be submitted pursuant to Section 3-15.1 of this Code reflects a deficit as defined for purposes of the preceding paragraph, then the district shall, within 30 days after acceptance of such audit report, submit a deficit reduction plan. The board of education of each district shall fix a fiscal year
therefor. If the beginning of the fiscal year of a district is
subsequent to the time that the tax levy due to be made in such
fiscal year shall be
made, then such annual budget shall be adopted prior to the time such
tax levy shall be made.
The failure by a board of education of any district to adopt an annual
budget, or to comply in any respect with the provisions of this Section, shall
not affect the validity of any tax levy of the district otherwise in
conformity with the law. With respect to taxes levied either before, on, or
after the effective date of this amendatory Act of the 91st General Assembly,
(i) a tax levy is made
for the fiscal year in which the levy is due to be made regardless of which
fiscal year the proceeds of the levy are expended or are intended to be
expended, and (ii) except as otherwise provided by law, a board of education's
adoption of
an annual budget in conformity with this Section is not a prerequisite to the
adoption of a valid tax levy and is not a limit on the amount of the levy.
Such budget shall be prepared in tentative form by some person or
persons designated by the board, and in such tentative form shall be
made conveniently available to public inspection for at least 30 days
prior to final action thereon. At least 1 public hearing shall be held
as to such budget prior to final action thereon. Notice of availability
for public inspection and of such public hearing shall be given by
publication in a newspaper published in such district, at least 30 days
prior to the time of such hearing. If there is no newspaper published
in such district, notice of such public hearing shall be given by
posting notices thereof in 5 of the most public places in such district.
It shall be the duty of the secretary of such board to make such
tentative budget available to public inspection, and to arrange for such
public hearing. The board may from time to time make transfers between
the various items in any fund not exceeding in the aggregate 10% of the
total of such fund as set forth in the budget. The board may from time
to time amend such budget by the same procedure as is herein provided
for its original adoption.
Beginning July 1, 1976, the board of education, or regional
superintendent, or governing board responsible for the administration of
a joint agreement shall, by September 1 of each
fiscal year thereafter, adopt an annual budget for the joint agreement
in the same manner and subject to the same requirements as are provided
in this Section.
The State Board of Education shall exercise powers and duties
relating to budgets as provided in Section 2-3.27 of this Code and shall require school districts to submit their annual budgets, deficit reduction plans, and other financial information, including revenue and expenditure reports and borrowing and interfund transfer plans, in such form and within the timelines designated by the State Board of Education.
By fiscal year 1982 all school districts shall use the Program Budget
Accounting System.
In the case of a school district receiving emergency State financial
assistance under Article 1B, the school board shall also be subject to the
requirements
established under Article 1B with respect to the annual budget.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/17-1.1 (105 ILCS 5/17-1.1) Sec. 17-1.1. Shared service reporting and fiscal efficiency. (a) Annually, each school district shall complete a report developed by the State Board of Education, to accompany the annual financial report and to be published on the State Board of Education's Internet website, that summarizes district attempts to improve fiscal efficiency through shared services or outsourcing in the prior fiscal year. The report must be primarily in checklist form and approximately one page in length. It shall include, but shall not be limited to, the incidence of the following shared service options: insurance; employee benefits; transportation; personnel recruitment; shared personnel; technology services; energy purchasing; supply and equipment purchasing; food services; legal services; investment pools; special education cooperatives, vocational cooperatives, and other shared educational programs; curriculum planning; professional development; custodial services; maintenance services; grounds maintenance services; food services; grant writing; and science, technology, engineering, and mathematics (STEM) program offerings. The report shall also include a list of potential shared services or outsourcing the district may consider or investigate for the next fiscal year and any anticipated barriers to implementation. This report must be approved by the school board at an open meeting that allows for public comment, and it shall be published on the Internet website of the school district, if any. (b) Based on data supplied by school districts through the annual financial report, regional superintendents of schools shall publish annually a regional report summarizing district attempts to improve fiscal efficiency through shared services or outsourcing within the educational service region. This report shall include a list of all joint purchasing initiatives, joint agreements between districts, attempts to reduce or eliminate duplication of services and duplicative expenditures, and identification of any overlapping regional service delivery systems. (c) For school districts required to develop and submit to the State Board of Education a deficit reduction plan under Section 17-1 of this Code, the regional superintendent of schools and the school district shall jointly prepare a shared services and outsourcing plan that considers actions that may improve the district's fiscal efficiency and how future savings associated with shared services or outsourcing are to be utilized.
(Source: P.A. 102-1088, eff. 6-10-22.) |
105 ILCS 5/17-1.2
(105 ILCS 5/17-1.2)
Sec. 17-1.2. Post annual budget on web site. If a school district
has an Internet web site, the school district shall post its current annual
budget,
itemized by receipts and expenditures, on the district's Internet web site. The budget shall include information conforming to the rules adopted by the State Board of Education pursuant to Section 2-3.28 of this Code.
The school district shall notify the parents or guardians of its students
that the budget has been posted on the district's web site and what
the web site's address is.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/17-1.3 (105 ILCS 5/17-1.3) Sec. 17-1.3. Disclosure of cash balance. Notwithstanding any other provision of law, each school district shall disclose to the public, at the public hearing at which the district certifies its budget and levy for the taxable year, the cash reserve balance of all funds held by the district related to its operational levy and, if applicable, any obligations secured by those funds.
(Source: P.A. 102-895, eff. 5-23-22.) |
105 ILCS 5/17-1.5
(105 ILCS 5/17-1.5)
Sec. 17-1.5. Limitation of administrative costs.
(a) It is the purpose of this Section to establish limitations on the growth
of administrative expenditures in order to maximize the proportion of school
district resources available for the instructional program, building
maintenance, and safety services for the students of each district.
(b) Definitions. For the purposes of this Section:
"Administrative expenditures" mean the annual expenditures of
school districts properly attributable to expenditure functions defined by the
rules of the State Board of Education as: 2320 (Executive Administration Services);
2330 (Special Area Administration Services); 2490 (Other Support Services -
School Administration); 2510 (Direction of Business Support Services); 2570
(Internal Services); and 2610 (Direction of Central
Support Services); provided, however, that "administrative expenditures" shall
not include early retirement or other pension system obligations required by
State law.
"School district" means all school districts having a population of less than
500,000.
(c) For the 1998-99 school year and each school year thereafter, each school
district shall undertake budgetary and expenditure control actions so that the
increase in administrative expenditures for that school year over the prior
school year does not exceed 5%.
School districts with administrative expenditures per pupil
in the 25th
percentile and below for all districts of the same type,
as defined by the State Board of Education,
may waive the limitation imposed under this Section for any year following a
public hearing and with the
affirmative vote of at least two-thirds of the members of the school board of
the
district. Any district waiving the limitation shall notify the State Board
within 45 days of such action.
(d) School districts shall file with the State Board of Education by
November 15, 1998 and
by each November 15th thereafter a one-page report that lists
(i) the actual
administrative expenditures for
the
prior year from the district's audited Annual Financial Report, and (ii) the
projected administrative expenditures for the current year from the budget adopted by the school board
pursuant to Section 17-1 of this Code.
If a school district that is ineligible to waive the limitation imposed by
subsection (c) of this Section by board action exceeds the limitation
solely because of circumstances beyond
the control of the district and the district has exhausted all available and
reasonable remedies to comply with the limitation, the district may request a
waiver pursuant to Section 2-3.25g. The waiver application shall specify the
amount,
nature, and reason for the relief requested, as well as all remedies the
district has exhausted to comply with the limitation.
Any emergency relief so requested shall apply only to the specific
school year for which the request is made. The State Board of Education shall
analyze all such waivers submitted and shall recommend that the General
Assembly disapprove any such waiver requested that is not due solely to
circumstances beyond the control of the district and for which the district has
not exhausted all available and reasonable remedies to comply with the
limitation. The State Superintendent shall have
no authority to impose any sanctions pursuant to this Section for any
expenditures for which a waiver has been requested until such waiver has been
reviewed by the General Assembly.
If the report and information required
under this
subsection (d) are not provided by the school district in a timely
manner, or are subsequently determined by
the State Superintendent of Education
to be incomplete or inaccurate, the State Superintendent shall notify the
district in writing of reporting deficiencies. The school district shall,
within 60 days of the notice, address the reporting deficiencies identified.
(e) If the State Superintendent determines that a school district has failed
to comply with the administrative expenditure limitation imposed in subsection
(c) of this Section,
the
State Superintendent shall notify the district of the violation and direct the
district to undertake corrective action to bring the district's budget into
compliance with the administrative expenditure limitation. The district shall,
within 60 days of the notice, provide adequate assurance to the State
Superintendent that appropriate corrective actions have been or will be taken.
If the district fails to provide adequate assurance or fails to undertake the
necessary corrective actions, the State Superintendent may impose progressive
sanctions against the district that may culminate in withholding
all
subsequent payments of general State aid due the district under Section
18-8.05 of
this Code or evidence-based funding due the district under Section 18-8.15 of this Code
until the assurance is provided or the corrective actions taken.
(f) The State Superintendent shall publish a list each year of the school
districts that violate the limitation imposed by subsection (c) of this
Section and a list of the districts that waive the limitation by board
action as provided in subsection (c) of this Section.
(Source: P.A. 100-465, eff. 8-31-17.)
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105 ILCS 5/17-1.10 (105 ILCS 5/17-1.10) Sec. 17-1.10. Operational funds expenditure report and reserve reduction plan. (a) In the 2024-2025 school year and in each subsequent school year, the school board of any school district that does not receive federal impact aid funding shall calculate the combined, annual average expenditures of its operational funds for the previous 3 fiscal years, as reported in the school district's most recently audited annual financial reports. Operational funds shall include the district's educational, transportation, and operations and maintenance funds. The school board shall annually present a written report covering the annual average expenditures of its operational funds for the previous 3 fiscal years at a board meeting. (b) With respect to a school district to which subsection (a) applies, if the school district's combined cash reserve balance of its operational funds, as most recently reported by the district pursuant to Section 17-1.3 of this Code, exceeds 2.5 times the annual average expenditures of its operational funds for the previous 3 fiscal years, the school board shall adopt and file with the State Board of Education by December 31 a written operational funds reserve reduction plan to reduce, within 3 years, the district's combined cash reserve balance of its operational funds to an amount at or below 2.5 times the annual average expenditures of its operational funds for the previous 3 fiscal years. The State Board shall post any operational funds reserve reduction plans received on the State Board's Internet website.
(Source: P.A. 103-394, eff. 7-28-23.) |
105 ILCS 5/17-2
(105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
Sec. 17-2. Tax levies; purposes; rates. Except as otherwise provided in
Articles 12 and 13 of this Act, and except as provided in Section 17-2.2e of this Act, the following maximum rates shall apply to all
taxes levied after August 10, 1965, in districts having a population of less
than 500,000 inhabitants, including those districts organized under Article 11
of the School Code. The school board of any district having a population of
less than 500,000 inhabitants may levy a tax annually, at not to exceed the
maximum rates and for the specified purposes, upon all the taxable property of
the district at the value, as equalized or assessed by the Department of
Revenue as follows:
(1) districts maintaining only grades 1 through 8, | | .92% for educational purposes and .25% for operations and maintenance purposes;
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(2) districts maintaining only grades 9 through 12,
| | .92% for educational purposes and .25% for operations and maintenance purposes;
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(3) districts maintaining grades 1 through 12, 1.63%
| | for the 1985-86 school year, 1.68% for the 1986-87 school year, 1.75% for the 1987-88 school year and 1.84% for the 1988-89 school year and thereafter for educational purposes and .405% for the 1989-90 school year, .435% for the 1990-91 school year, .465% for the 1991-92 school year, and .50% for the 1992-93 school year and thereafter for operations and maintenance purposes;
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(4) all districts, 0.75% for capital improvement
| | purposes (which is in addition to the levy for operations and maintenance purposes), which tax is to be levied, accumulated for not more than 6 years, and spent for capital improvement purposes (including but not limited to the construction of a new school building or buildings or the purchase of school grounds on which any new school building is to be constructed or located, or both) only in accordance with Section 17-2.3 of this Act;
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(5) districts maintaining only grades 1 through 8,
| | .12% for transportation purposes, provided that districts maintaining only grades kindergarten through 8 which have an enrollment of at least 2600 students may levy, subject to Section 17-2.2, at not to exceed a maximum rate of .20% for transportation purposes for any school year in which the number of students requiring transportation in the district exceeds by at least 2% the number of students requiring transportation in the district during the preceding school year, as verified in the district's claim for pupil transportation and reimbursement and as certified by the State Board of Education to the county clerk of the county in which such district is located not later than November 15 following the submission of such claim; districts maintaining only grades 9 through 12, .12% for transportation purposes; and districts maintaining grades 1 through 12, .14% for the 1985-86 school year, .16% for the 1986-87 school year, .18% for the 1987-88 school year and .20% for the 1988-89 school year and thereafter, for transportation purposes;
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(6) districts providing summer classes, .15% for
| | educational purposes, subject to Section 17-2.1 of this Act.
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Whenever any special charter school district operating grades 1
through 12, has organized or shall organize under the general school
law, the district so organized may continue to levy taxes at not to
exceed the rate at which taxes were last actually extended by the
special charter district, except that if such rate at which taxes were
last actually extended by such special charter district was less than
the maximum rate for districts maintaining grades 1 through 12
authorized under this Section, such special charter district
nevertheless may levy taxes at a rate not to exceed the maximum rate for
districts maintaining grades 1 through 12 authorized under this Section,
and except that if any such district maintains only grades 1 through 8,
the board may levy, for educational purposes, at a rate not to exceed
the maximum rate for elementary districts authorized under this Section.
Maximum rates before or after established in excess of those
prescribed shall not be affected by the amendatory Act of 1965.
(Source: P.A. 99-908, eff. 12-16-16.)
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105 ILCS 5/17-2.1
(105 ILCS 5/17-2.1) (from Ch. 122, par. 17-2.1)
Sec. 17-2.1.
Tax for summer school purposes.
The school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a proposition to
authorize an annual tax, as prescribed in Section 17-2, for summer
school educational purposes to be submitted to the voters of such
district at a regular scheduled election.
If a majority of the votes cast on the proposition is in
favor thereof, the school board may thereafter levy the tax as
authorized.
(Source: P.A. 81-1489.)
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105 ILCS 5/17-2.2
(105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
Sec. 17-2.2.
Back door referendum.
Whenever any school district first levies a tax at a rate within the
limit prescribed by paragraph (3) of Section 17-2 but in excess of the
maximum permissible on July 9, 1957, or within the limit prescribed by
paragraph (1) or (2) of Section 17-2 but in excess of the maximum
permissible on June 30, 1965, or whenever after August 3, 1989 any school
district maintaining only grades kindergarten through 8 first levies a tax
for transportation purposes for any school year which is within the limit
prescribed for that school year by paragraph (5) of Section 17-2 but in
excess of the maximum authorized to be levied for such purposes for the
1988-89 school year, or whenever after August 3, 1989 any school district
first levies a tax for operations and maintenance purposes for any school
year which is within the limit prescribed for that
school year by paragraph (3) of Section 17-2 but in excess of the maximum
authorized to be levied for such purposes for the immediately
preceding school year, the district shall cause to be published such
resolution in at least one or more newspapers published in the district,
within 10 days after such levy is made. The publication of the resolution
shall include a notice of (1) the specific number of voters required to
sign a petition requesting that the question of the adoption of the tax
levy be submitted to the voters of the district; (2) the time in which the
petition must be filed; and (3) the date of the prospective referendum.
The district Secretary shall provide a petition form to any individual
requesting one. Any taxpayer in such district may, within 30 days after
such levy is made, file with the Secretary of the board of education a
petition signed by the voters of the district equal to 10% or more of the
registered voters of the district requesting the submission to a referendum
of the following proposition:
"Shall school district No..... be authorized to levy a tax for
(state purposes) in excess of.... but not to exceed.... as authorized
in Section 17-2 of the School Code?" The secretary of the board of education
shall certify the proposition to the proper election authorities for submission
to the electorate at a regular scheduled election in accordance with the
general election law.
If a majority of the voters voting on the proposition vote in favor
thereof, such increased tax shall thereafter be authorized; if a
majority of the vote is against such proposition, the previous maximum
rate authorized shall remain in effect until changed by law.
(Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)
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105 ILCS 5/17-2.2a
(105 ILCS 5/17-2.2a) (from Ch. 122, par. 17-2.2a)
Sec. 17-2.2a. Tax for special education programs. (a) The
school board of any district having a population of less than 500,000
inhabitants may, by proper resolution, levy an annual tax upon the value
as equalized or assessed by the Department of Revenue, for special
education purposes, including the purposes authorized by Section 10-22.31b as
follows:
(1) districts maintaining only grades kindergarten | | through 8, and prior to July 1, 1970, districts maintaining only grades 1 through 8, .02%;
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(2) districts maintaining only grades 9 through 12,
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(3) districts maintaining only grades kindergarten
| | through 12, and prior to July 1, 1970, districts maintaining only grades 1 through 12, .04%.
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The revenue raised by such tax shall be used only for special education
purposes, including the construction and maintenance of special education
facilities.
Upon proper resolution of the school board, the school district may
accumulate such funds for special education building purposes for a
period of 8 years.
Buildings constructed under the provisions of this Section shall comply with
the building code authorized under Section 2-3.12.
If it is no longer feasible or economical to utilize classroom facilities
constructed with revenues raised and accumulated by the tax for special
education building purposes, the district, or cooperative district by
unanimous consent, may with the approval of the regional superintendent
of schools and the State Superintendent of Education use such facilities
for regular school purposes. The district or cooperative of districts
shall make comparable facilities available for special education
purposes at another attendance center which is in a more practical
location due to the proximity of the students served.
(b) If the school board of any district that has levied the tax
authorized by this Section determines that the accumulated funds from
such tax and from the $1,000 State reimbursement per professional worker
received under Section 14-13.02 are no longer required for special
education building purposes, the board may by proper resolution transfer
such funds to any other fund to be used for any special education purposes
authorized by Article 14. Such transfer shall not be made until after the
regional superintendent has certified to the State Superintendent of
Education that adequate housing provisions have been made for all children
with disabilities residing in the school district.
(c) The tax rate limits specified in this Section may be increased to
.40% by districts maintaining only grades kindergarten through 8
or only
grades 9 through 12, and to .80% by districts maintaining grades
kindergarten through 12, upon the approval of a proposition to effect such
increase by a majority of the electors voting on such proposition at a
regular scheduled election. The proposition may be initiated by resolution
of the school board and shall be certified by the secretary to the proper
election authorities for submission in accordance with the general election
law. If at such election a majority of the votes cast on the proposition
is in favor thereof, the school board may thereafter until such authority
is revoked in like manner levy annually the tax so authorized.
(d) The tax rate limits specified in this Section may also be increased as provided in Section 17-2.2e.
(Source: P.A. 99-908, eff. 12-16-16.)
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105 ILCS 5/17-2.2b
(105 ILCS 5/17-2.2b)
Sec. 17-2.2b. (Repealed).
(Source: P.A. 87-767. Repealed by P.A. 94-1105, eff. 6-1-07.)
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105 ILCS 5/17-2.2c
(105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
Sec. 17-2.2c.
Tax for leasing educational facilities or computer technology
or both, and for temporary relocation expense purposes. The school board of
any district, by proper resolution, may levy an annual tax, in
addition to any other taxes and not subject to the limitations specified
elsewhere in this Article, not to exceed .05% upon the value of the taxable
property as equalized or assessed by the Department of Revenue, for the purpose
of leasing educational facilities or computer technology or both, and, in order
to repay the State all moneys distributed to it for temporary relocation
expenses of the district, may levy an annual tax not to exceed .05% upon the
value of the taxable property as equalized or assessed by the Department of
Revenue for a period not to exceed 7 years for the purpose of providing for the
repayment of moneys distributed for temporary relocation expenses of the school
district pursuant to Section 2-3.77.
The tax rate limit specified by this Section with respect to an annual
tax levied for the purpose of leasing educational facilities or computer
technology or both may be
increased to .10% upon the approval of a proposition to effect such
increase by a majority of the electors voting on that proposition at a
regular scheduled election. Such proposition may be initiated by
resolution of the school board and shall be certified by the secretary to
the proper election authorities for submission in accordance with the
general election law.
The tax rate limit specified in this Section may also be increased as provided in Section 17-2.2e. The district is authorized to pledge any tax levied pursuant to this
Section for the purpose of leasing educational facilities or computer
technology or both to secure the payment of any lease, lease-purchase
agreement, or installment purchase agreement entered into by the district for
such purpose.
For the purposes of this Section, "leasing of educational facilities or
computer technology or both" includes any payment with respect to a lease,
lease-purchase agreement, or installment purchase agreement to acquire or use
buildings, rooms, grounds, and appurtenances to be used by the district for the
use of schools or for school administration purposes and all
equipment, fixtures, renovations, and improvements to existing facilities of
the district necessary to accommodate computers, as well as computer hardware
and software.
Any school district may abolish or abate its fund for leasing educational
facilities or computer technology or both and for temporary relocation
expense purposes upon the adoption
of a resolution so providing and upon a determination by the school board that
the moneys in the fund are no longer needed for leasing educational facilities
or computer technology or both or for temporary relocation expense
purposes. The resolution shall direct the
transfer of any balance in the fund to another school district fund or funds
immediately upon the resolution taking effect. Thereafter, any outstanding
taxes of the school district levied pursuant to this Section shall be
collected and paid into the fund or funds as directed by the school board.
Nothing in this Section shall prevent a school district that has abolished or
abated the fund from again creating a fund for leasing educational facilities
and for temporary relocation expense purposes in the manner provided in this
Section.
(Source: P.A. 99-908, eff. 12-16-16.)
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105 ILCS 5/17-2.2d (105 ILCS 5/17-2.2d)
Sec. 17-2.2d. Special taxing and bonding for temporary relocation expense and emergency replacement purposes. (a) In addition to any other taxes and notwithstanding any limitation imposed by the Property Tax Extension Limitation Law or any other limitations specified in this Code or any other law, the school board of any district subject to this Code that meets the criteria specified in subsection (c) of this Section, may, by proper resolution, levy an annual tax not to exceed 0.05% upon the value of the taxable property as equalized or assessed by the Department of Revenue for a period not to exceed 7 years for the purpose of providing for the repayment of moneys paid to the district for temporary relocation expenses of the district pursuant to Section 2-3.77 of this Code. (b) The school board of any district that meets the criteria specified in subsection (c) of this Section may repair, reconstruct, or replace a condemned building without seeking referendum approval for the repair, reconstruction, or replacement.
(c) In order for this Section to apply, the school district must (i) be located in a county subject to the Property Tax Extension Limitation Law and (ii) have had a school building condemned within 10 years after the building's initial occupancy.
(d) Notwithstanding any limitation imposed by the Property Tax Extension Limitation Law or any other limitations specified in this Code or any other law, the school board of any district that meets the criteria specified in subsection (c) of this Section, may, by proper resolution, issue bonds, without referendum, in an amount sufficient to finance the total cost of repair, reconstruction, or replacement of the condemned building, including the costs of providing for the payment of any obligations heretofore or hereafter entered into for such purposes. Any premium and all interest earnings on the proceeds of the bonds so issued shall be used for the purposes for which the bonds were issued. The proceeds of any bonds issued under this Section shall be deposited and accounted for separately within the district's site and construction/capital improvements fund. The recording officer of the board shall file in the office of the county clerk of each county in which a portion of the district is situated a certified copy of the resolution providing for the issuance of the bonds and levy of a tax without limit as to rate or amount to pay the bonds. Bonds issued under this Section and any bonds issued to refund those bonds are not subject to any debt limitation imposed by this Code or any other law.
(e) The school board, as an express condition to receiving a temporary relocation loan under Section 2-3.77 of this Code, must agree to levy the tax provided in this Section at the maximum rate permitted and to pay to the State of Illinois for deposit into the Temporary Relocation Expenses Revolving Grant Fund (i) all proceeds of the tax attributable to the first year and succeeding years for which the tax is levied after moneys appropriated for purposes of Section 2-3.77 have been distributed to the school district and (ii) all insurance proceeds that become payable to the district under those provisions of any contract or policy of insurance that provide reimbursement for or other coverage against loss with respect to any temporary relocation expenses of the district or proceeds of any legal judgment or settlement regarding the temporary relocation expenses incurred by the district, provided that the aggregate of any tax and insurance or other proceeds paid by the district to the State pursuant to this subsection (e) shall not exceed in amount the moneys distributed to the district pursuant to Section 2-3.77 as a loan or grant.
(f) If bonds under this Section have been issued by the school district and the purposes for which the bonds have been issued are accomplished and paid for in full and there remain funds on hand from the proceeds of the bonds or interest earnings or premiums, then the school board, by resolution, shall transfer those excess funds to the district's bond and interest fund for the purpose of abating taxes to pay debt service on the bonds or for defeasance of the debt or both.
(g) If the school district receives a construction grant under the School Construction Law or any other law and the purposes for which the grant was issued are accomplished and paid for in full and there remains funds on hand from the grant or interest earnings thereon, then the excess funds shall be paid to the State of Illinois for deposit into the School Construction Fund or other State fund from which the construction grant was paid. (h) All insurance proceeds that become payable to the school district under those provisions of a contract or policy of insurance that provide reimbursement for or other coverage against losses other than with respect to any temporary relocation expenses of the district or proceeds of any legal judgment or settlement regarding the repair, reconstruction, or replacement of the condemned building shall be applied to the repair, reconstruction, or replacement. If the project is completed and, therefore, all costs have been paid for in full and there remain funds on hand, including any interest earnings thereon, from the insurance coverage, legal judgment, or settlement, then a portion of those excess funds equal to the State's share of the construction cost of the project shall be paid to the State of Illinois for deposit into the School Construction Fund or other State fund from which the construction grant was paid, and the remainder of the excess funds shall be transferred to the district's bond and interest fund for the purpose of abating taxes to pay debt service on the bonds or for defeasance of the debt or both. If no debt service remains to be paid, then the excess may be transferred to whichever fund that, as determined by the school board, is most in need of the funds.
(Source: P.A. 93-690, eff. 7-1-04; 94-690, eff. 11-2-05.) |
105 ILCS 5/17-2.2e (105 ILCS 5/17-2.2e) Sec. 17-2.2e. Maximum tax rates. Notwithstanding any other provision of law, beginning in levy year 2016, a school district that contains a federal military installation and is eligible to receive impact aid under Section 8003(b) of the federal Elementary and Secondary Education
Act or any successor program may, subject to the restrictions set forth in this Section, levy taxes for any of the following purposes at a rate that exceeds the maximum rate set forth in Section 17-2, Section 17-2.2a, or Section 17-2.2c, as applicable: (1) for educational purposes; (2) for operations and maintenance purposes; (3) for special education programs; (4) for leasing educational facilities or computer | | (5) for transportation purposes.
If the school district levies a tax for any of the purposes set forth in items (1) through (5) that exceeds the maximum rate set forth for that purpose, it shall first adopt an ordinance setting forth the preliminary tax rates for all purposes for the taxable year and submit those extensions and rates to the county clerk. The tax rates for items (1) through (5), as provided in that ordinance, may not exceed the maximum rates for those purposes set forth in Section 17-2, Section 17-2.2a, or Section 17-2.2c. Upon receiving the tax levy confirmation with the extensions and rates from the county clerk, the district may, at a public hearing, adopt an ordinance adjusting those preliminary tax rates. Notice of the public hearing shall be provided in the form and manner set forth in Sections 18-75 and 18-80 of the Property Tax Code not more than 14 days nor less than 7 days prior to the date of the public hearing. The adjusted tax rates for items (1) through (5) may exceed the maximum rates, provided that the adjusted aggregate tax rate for all purposes may not exceed the aggregate tax rate for all purposes set forth in the ordinance setting forth the preliminary tax rates.
(Source: P.A. 99-908, eff. 12-16-16.)
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105 ILCS 5/17-2.3
(105 ILCS 5/17-2.3) (from Ch. 122, par. 17-2.3)
Sec. 17-2.3.
Capital improvement purposes; referendum.
The school board of
any district desiring to levy and accumulate for not more than 6 years the
capital improvements purposes tax provided for in paragraph (4) of Section 17-2
of this Act shall pass a resolution for the levy of said tax, and in such
resolution shall describe the capital improvements for which the tax is to be
levied and the funds derived therefrom are to be spent. As used in this Section
and in paragraph (4) of Section 17-2, capital improvements include but are not
limited to the construction of a new school building or buildings or the
purchase of school grounds on which any new school building is to be
constructed or located, or both. The resolution shall cause the proposition
for the levy of the tax provided for in paragraph (4) of Section 17-2 of this
Act to be certified to the proper election authorities for submission to the
electors of the district at a regular scheduled election in accordance with the
general election law. The proposition shall generally describe the capital
improvements for which the tax is to be levied and the funds derived therefrom
are to be spent.
If the proposition is approved by a majority of the electors voting
thereon, the school district may thereafter levy such capital improvement
purposes tax and accumulate funds for not more than 6 years for the capital
improvements described in the resolution and on the ballot. Such school
district shall also invest such accumulated funds until spent for the capital
improvements described in the resolution and on the ballot in accordance with
the provisions of the Public Funds Investment Act.
Any proceeds derived from a capital improvements tax or the accumulation of
monies for capital improvements described in the resolution and on the ballot
shall be accounted for separately within the Site and Construction/Capital
Improvement Fund.
(Source: P.A. 87-984; 87-1023; 88-45.)
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105 ILCS 5/17-2.4
(105 ILCS 5/17-2.4) (from Ch. 122, par. 17-2.4)
Sec. 17-2.4.
Tax for area vocational education building programs.
The school board of any district having a population of less than
500,000 inhabitants may, by proper resolution, levy an annual tax of not
more than .05% upon the value as equalized or assessed by the Department
of Revenue for such purpose, and may accumulate such
tax for not more than 5 years, for area vocational education building
purposes, including the purposes authorized by Section 10-22.31b of this
Act, upon condition that there are not sufficient funds available in the
operations and maintenance fund of the district to pay the
cost thereof. Such tax shall not be levied without prior approval of the
State Superintendent of Education and prior approval by a majority of
the electors voting upon the proposition at an
election, the proposition
having been certified by the secretary of the school board to the proper
election authorities for submission to the electorate in accordance with
the general election law.
When the school boards of two or more districts enter into a joint
agreement for an area vocational education building program under
Section 10-22.31b their agreement may provide, or may be amended to
provide, that the question of the levy of the tax authorized by this
Section shall be certified to the proper election authorities, for submission
to the voters of all of the participating
districts in accordance with the general election law, in the same election
and that the approval of that levy by a
majority of the electors voting upon the proposition in the area
comprised of the participating districts, considered as a whole, shall
be deemed to authorize that levy in each participating district without
regard to the passage or failure of the proposition in any district
considered separately. However, the school board of any district may
withdraw from the joint agreement by reason of the failure of the
electors of that district to approve the proposed levy.
(Source: P.A. 86-970.)
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105 ILCS 5/17-2.5
(105 ILCS 5/17-2.5) (from Ch. 122, par. 17-2.5)
Sec. 17-2.5. Tax for tort immunity. The school board of any district
may by proper resolution levy an annual tax upon the value of the taxable
property within its territory as equalized or assessed by the Department of
Revenue at a rate that will produce a sum sufficient (i) to pay the cost of
settlements or judgments under Section 9-102 of the Local Governmental and
Governmental Employees Tort Immunity Act, (ii) to pay the cost of settlements or judgments under the federal Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and the Environmental Protection Act, but only until December 31, 2010, (iii) to
pay the costs of protecting itself or its employees against liability,
property damage or loss, including all costs and reserves of being a member
of an insurance pool, under Section 9-103 of the Local Governmental and Governmental Employees Tort Immunity Act, (iv) to pay the costs of
and principal and interest on bonds issued under Section 9-105 of the Local Governmental and Governmental Employees Tort Immunity
Act,
(v) to pay tort judgments or settlements under Section 9-104 of the Local Governmental and Governmental Employees Tort Immunity Act to
the extent necessary to discharge such obligations, and (vi) to pay the cost of
risk care management programs in accordance with Section 9-107 of the Local Governmental and Governmental Employees Tort Immunity
Act.
(Source: P.A. 95-244, eff. 8-17-07.)
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