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1 AN ACT concerning education.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The School Code is amended by changing Sections 
517-2.11 and 17-2A as follows:

6 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
7 Sec. 17-2.11. School board power to levy a tax or to borrow 
8money and
issue bonds for fire prevention, safety, energy 
9conservation,
accessibility, school security, and specified 
10repair purposes.
11 (a) Whenever, as a
result of any lawful order of any 
12agency,
other than a school board, having authority to enforce 
13any school building code
applicable to any facility that houses 
14students, or any law or regulation for
the protection and 
15safety of the environment, pursuant to the Environmental

16Protection Act, any school district having a population of less 
17than 500,000
inhabitants is required to alter or reconstruct 
18any school building or
permanent, fixed equipment; the district 
19may, by proper resolution, levy a tax for the purpose of making 
20such alteration or reconstruction, based on a survey report by 
21an architect or engineer licensed in this State, upon all of 
22the taxable property of the district at the value as assessed 
23by the Department of Revenue and at a rate not to exceed 0.05% 
 
 
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1per year for a period sufficient to finance such alteration or 
2reconstruction, upon the following conditions:
3  (1) When there are not sufficient funds available in 
4 the operations and maintenance fund of the school district, 
5 the school facility occupation tax fund of the district, or 
6 the fire prevention and safety fund of the district, as 
7 determined by the district on the basis of rules adopted by 
8 the State Board of Education, to make such alteration or 
9 reconstruction or to purchase and install such permanent, 
10 fixed equipment so ordered or determined as necessary. 
11 Appropriate school district records must be made available 
12 to the State Superintendent of Education, upon request, to 
13 confirm this insufficiency.
14  (2) When a certified estimate of an architect or 
15 engineer licensed in this State stating the estimated 
16 amount necessary to make the alteration or reconstruction 
17 or to purchase and install the equipment so ordered has 
18 been secured by the school district, and the estimate has 
19 been approved by the regional superintendent of schools 
20 having jurisdiction over the district and the State 
21 Superintendent of Education. Approval must not be granted 
22 for any work that has already started without the prior 
23 express authorization of the State Superintendent of 
24 Education. If the estimate is not approved or is denied 
25 approval by the regional superintendent of schools within 3 
26 months after the date on which it is submitted to him or 
 
 
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1 her, the school board of the district may submit the 
2 estimate directly to the State Superintendent of Education 
3 for approval or denial.
4 In the case of an emergency situation, where the estimated 
5cost to effectuate emergency repairs is less than the amount 
6specified in Section 10-20.21 of this Code, the school district 
7may proceed with such repairs prior to approval by the State 
8Superintendent of Education, but shall comply with the 
9provisions of subdivision (2) of this subsection (a) as soon 
10thereafter as may be as well as Section 10-20.21 of this Code. 
11If the estimated cost to effectuate emergency repairs is 
12greater than the amount specified in Section 10-20.21 of this 
13Code, then the school district shall proceed in conformity with 
14Section 10-20.21 of this Code and with rules established by the 
15State Board of Education to address such situations. The rules 
16adopted by the State Board of Education to deal with these 
17situations shall stipulate that emergency situations must be 
18expedited and given priority consideration. For purposes of 
19this paragraph, an emergency is a situation that presents an 
20imminent and continuing threat to the health and safety of 
21students or other occupants of a facility, requires complete or 
22partial evacuation of a building or part of a building, or 
23consumes one or more of the 5 emergency days built into the 
24adopted calendar of the school or schools or would otherwise be 
25expected to cause such school or schools to fall short of the 
26minimum school calendar requirements. 
 
 
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1 (b) Whenever any such district determines that
it is 
2necessary for energy conservation purposes that any school 
3building
or permanent, fixed equipment should be altered or 
4reconstructed and
that such alterations or reconstruction will 
5be made with funds not necessary
for the completion of approved 
6and recommended projects contained in any safety
survey report 
7or amendments thereto authorized by Section 2-3.12 of this Act; 
8the district may levy a tax or issue bonds as provided in 
9subsection (a) of this Section.
10 (c) Whenever
any such district determines that it is 
11necessary for accessibility purposes and to comply with the 
12school building
code that any
school building or equipment 
13should be altered or reconstructed and that such
alterations or 
14reconstruction will be made with
funds not necessary for the 
15completion of approved and recommended projects
contained in 
16any safety survey report or amendments thereto authorized under

17Section 2-3.12 of this Act, the district may levy a tax or 
18issue bonds as provided in subsection (a) of this Section.
19 (d) Whenever any such district determines that it is

20necessary for school
security purposes and the related 
21protection and safety of pupils and school
personnel that any 
22school building or property should be altered or
reconstructed 
23or that security systems and equipment (including but not 
24limited
to intercom, early detection and warning, access 
25control and television
monitoring systems) should be purchased 
26and installed, and that such
alterations, reconstruction or 
 
 
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1purchase and installation of equipment will be
made with funds 
2not necessary for the completion of approved and recommended

3projects contained in any safety survey report or amendment 
4thereto authorized
by Section 2-3.12 of this Act and will deter 
5and prevent unauthorized entry or
activities upon school 
6property by unknown or dangerous persons, assure early

7detection and advance warning of any such actual or attempted 
8unauthorized
entry or activities and help assure the continued 
9safety of pupils and school
staff if any such unauthorized 
10entry or activity is attempted or occurs;
the district may levy 
11a tax or issue bonds as provided in subsection (a) of this 
12Section.
13 (e) If a school district does not need funds for other fire 
14prevention and
safety projects, including the completion of 
15approved and recommended projects
contained in any safety 
16survey report or amendments thereto authorized by
Section 
172-3.12 of this Act, and it is determined after a public hearing 
18(which
is preceded by at least one published notice (i) 
19occurring at least 7 days
prior to the hearing in a newspaper 
20of general circulation within the school
district and (ii) 
21setting forth the time, date, place, and general subject
matter 
22of the hearing) that there is a
substantial, immediate, and 
23otherwise unavoidable threat to the health, safety,
or welfare 
24of pupils due to disrepair of school sidewalks, playgrounds, 
25parking
lots, or school bus turnarounds and repairs must be 
26made; then the district may levy a tax or issue bonds as 
 
 
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1provided in subsection (a) of this Section.
2 (f) For purposes of this Section a school district may 
3replace a school
building or build additions to replace 
4portions of a building when it is
determined that the 
5effectuation of the recommendations for the existing
building 
6will cost more than the replacement costs. Such determination 
7shall
be based on a comparison of estimated costs made by an 
8architect or engineer
licensed in the State of Illinois. The 
9new building or addition shall be
equivalent in area (square 
10feet) and comparable in purpose and grades served
and may be on 
11the same site or another site. Such replacement may only be 
12done
upon order of the regional superintendent of schools and 
13the approval of the
State Superintendent of Education.
14 (g) The filing of a certified copy of the resolution 
15levying the tax when
accompanied by the certificates of the 
16regional superintendent of schools and
State Superintendent of 
17Education shall be the authority of the county clerk to
extend 
18such tax.
19 (h) The county clerk of the county in which any school 
20district levying a
tax under the authority of this Section is 
21located, in reducing raised
levies, shall not consider any such 
22tax as a part of the general levy
for school purposes and shall 
23not include the same in the limitation of
any other tax rate 
24which may be extended.
25 Such tax shall be levied and collected in like manner as 
26all other
taxes of school districts, subject to the provisions 
 
 
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1contained in this Section.
2 (i) The tax rate limit specified in this Section may be 
3increased to .10%
upon the approval of a proposition to effect 
4such increase by a majority
of the electors voting on that 
5proposition at a regular scheduled election.
Such proposition 
6may be initiated by resolution of the school board and
shall be 
7certified by the secretary to the proper election authorities 
8for
submission in accordance with the general election law.
9 (j) When taxes are levied by any school district for fire 
10prevention,
safety, energy conservation, and school security 
11purposes as specified in this
Section, and the purposes for 
12which the taxes have been
levied are accomplished and paid in 
13full, and there remain funds on hand in
the Fire Prevention and 
14Safety Fund from the proceeds of the taxes levied,
including 
15interest earnings thereon, the school board by resolution shall 
16use
such excess and other board restricted funds, excluding 
17bond proceeds and
earnings from such proceeds, as follows:
18  (1) for other authorized fire prevention,
safety, 
19 energy conservation, and school security purposes and for 
20 required safety inspections;
or
21  (2) for transfer to the Operations and Maintenance Fund

22 for the purpose of abating an equal amount of operations 
23 and maintenance
purposes taxes.
24Notwithstanding subdivision (2) of this subsection (j) and 
25subsection (k) of this Section, through June 30, 2019 2016, the 
26school board
may, by proper resolution following a public 
 
 
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1hearing set by the
school board or the president of the school 
2board (that is
preceded (i) by at least one published notice 
3over the name of
the clerk or secretary of the board, occurring 
4at least 7 days
and not more than 30 days prior to the hearing, 
5in a newspaper
of general circulation within the school 
6district and (ii) by
posted notice over the name of the clerk 
7or secretary of the
board, at least 48 hours before the 
8hearing, at the principal
office of the school board or at the 
9building where the hearing
is to be held if a principal office 
10does not exist, with both
notices setting forth the time, date, 
11place, and subject matter
of the hearing), transfer surplus 
12life safety taxes and interest earnings thereon to the 
13Operations and Maintenance Fund for building repair work. 
14 (k) If any transfer is made to the Operation and 
15Maintenance
Fund, the secretary of the school board shall 
16within 30 days notify
the county clerk of the amount of that 
17transfer and direct the clerk to
abate the taxes to be extended 
18for the purposes of operations and
maintenance authorized under 
19Section 17-2 of this Act by an amount equal
to such transfer.
20 (l) If the proceeds from the tax levy authorized by this

21Section are insufficient to complete the work approved under 
22this
Section, the school board is authorized to sell bonds 
23without referendum
under the provisions of this Section in an 
24amount that, when added to the
proceeds of the tax levy 
25authorized by this Section, will allow completion
of the 
26approved work.
 
 
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1 (m) Any bonds issued pursuant to this Section shall bear 
2interest at a rate not to exceed the maximum rate
authorized by 
3law at the time of the making of the contract, shall mature

4within 20 years from date, and shall be signed by the president 
5of the school
board and the treasurer of the school district.
6 (n) In order to authorize and issue such bonds, the school 
7board shall adopt
a resolution fixing the amount of bonds, the 
8date thereof, the maturities
thereof, rates of interest 
9thereof, place of payment and denomination,
which shall be in 
10denominations of not less than $100 and not more than
$5,000, 
11and provide for the levy and collection of a direct annual tax 
12upon
all the taxable property in the school district sufficient 
13to pay the
principal and interest on such bonds to maturity. 
14Upon the filing in the
office of the county clerk of the county 
15in which the school district is
located of a certified copy of 
16the resolution, it is the duty of the
county clerk to extend 
17the tax therefor in addition to and in excess of all
other 
18taxes heretofore or hereafter authorized to be
levied by such 
19school district.
20 (o) After the time such bonds are issued as provided for by 
21this Section, if
additional alterations or reconstructions are 
22required to be made because
of surveys conducted by an 
23architect or engineer licensed in the State of
Illinois, the 
24district may levy a tax at a rate not to exceed .05% per year

25upon all the taxable property of the district or issue 
26additional bonds,
whichever action shall be the most feasible.
 
 
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1 (p) This Section is cumulative and constitutes complete 
2authority for the
issuance of bonds as provided in this Section 
3notwithstanding any other
statute or law to the contrary.
4 (q) With respect to instruments for the payment of money 
5issued under this
Section either before, on, or after the 
6effective date of Public Act 86-004
(June 6, 1989), it is, and 
7always has been, the intention of the General
Assembly (i) that 
8the Omnibus Bond Acts are, and always have been,
supplementary 
9grants of power to issue instruments in accordance with the

10Omnibus Bond Acts, regardless of any provision of this Act that 
11may appear
to be or to have been more restrictive than those 
12Acts, (ii) that the
provisions of this Section are not a 
13limitation on the supplementary
authority granted by the 
14Omnibus Bond Acts, and (iii) that instruments
issued under this 
15Section within the supplementary authority granted by the

16Omnibus Bond Acts are not invalid because of any provision of 
17this Act that
may appear to be or to have been more restrictive 
18than those Acts.
19 (r) When the purposes for which the bonds are issued have 
20been accomplished
and paid for in full and there remain funds 
21on hand from the proceeds of
the bond sale and interest 
22earnings therefrom, the board shall, by
resolution, use such 
23excess funds in accordance with the provisions of
Section 
2410-22.14 of this Act.
25 (s) Whenever any tax is levied or bonds issued for fire 
26prevention, safety,
energy conservation, and school security 
 
 
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1purposes, such proceeds shall be
deposited and accounted for 
2separately within the Fire Prevention and Safety
Fund.
3(Source: P.A. 98-26, eff. 6-21-13; 98-1066, eff. 8-26-14; 
499-143, eff. 7-27-15.)



5 (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)



6 Sec. 17-2A. Interfund Transfers. 
7 (a) The school board of any district having a population of 
8less than
500,000 inhabitants may, by proper resolution 
9following a public hearing
set by the school board or the 
10president of the school board
(that is preceded (i) by at least 
11one published notice over the name of
the clerk
or secretary of 
12the board, occurring at least 7 days and not more than 30
days

13prior to the hearing, in a newspaper of general circulation 
14within the
school
district and (ii) by posted notice over the 
15name of the clerk or secretary of
the board, at least 48 hours 
16before the hearing, at the principal office of the
school board 
17or at the building where the hearing is to be held if a 
18principal
office does not exist, with both notices setting 
19forth the time, date, place,
and subject matter of the

20hearing), transfer money from (1) the Educational Fund to the 
21Operations
and
Maintenance Fund or the Transportation Fund, (2) 
22the Operations and
Maintenance Fund to the Educational Fund or 
23the Transportation Fund, or (3) the
Transportation Fund to the 
24Educational Fund or the Operations and Maintenance
Fund of said

25district,
provided that, except during the period from July 1, 
 
 
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12003 through June 30, 2019 2016, such transfer is made solely 
2for the purpose of meeting one-time,
non-recurring expenses. 
3Except during the period from July 1, 2003 through
June 30, 
42019 2016 and except as otherwise provided in subsection (b) of 
5this Section, any other permanent interfund transfers 
6authorized
by any provision or judicial interpretation of this 
7Code for which the
transferee fund is not precisely and 
8specifically set forth in the provision of
this Code 
9authorizing such transfer shall be made to the fund of the 
10school
district most in need of the funds being transferred, as 
11determined by
resolution of the school board.
12  (b) Notwithstanding subsection (a) of this Section or any

13other provision of this Code to the contrary, the school board

14of any school district (i) that is subject to the Property Tax

15Extension Limitation Law, (ii) that has a population of less

16than 500,000 inhabitants, (iii) that is levying at its maximum

17tax rate, (iv) whose total equalized assessed valuation has

18declined 20% in the prior 2 years, (v) in which 80% or more
of 
19its students receive free or reduced-price lunch, and (vi) that 
20had an equalized assessed valuation of less than $207 million 
21but more than $203 million in the 2011 levy year may annually, 
22until July 1, 2016, transfer money from any fund of the 
23district, other than the Illinois Municipal Retirement Fund and 
24the Bonds and Interest Fund, to the educational fund, the 
25operations and maintenance fund, or the transportation fund of 
26the district by proper resolution following a public hearing 
 
 
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1set by the school board or the president of the school board, 
2with notice as provided in subsection (a) of this Section, so 
3long as the district meets the qualifications set forth in this 
4subsection (b) on the effective date of this amendatory Act of 
5the 98th General Assembly even if the district does not meet 
6those qualifications at the time a given transfer is made.

7(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14.)



8 Section 99. Effective date. This Act takes effect upon 
9becoming law.