Bill Text: IL SB2149 | 2011-2012 | 97th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Creates the Financial Oversight Panel Law of the School Code. Allows a school district (other than the Chicago school district) to petition the State Board of Education for the establishment of a Financial Oversight Panel for the district. Allows the State Board to establish a Financial Oversight Panel without a petition from a district. Contains provisions concerning duties of the district; members and meetings of a Panel; powers of a Panel; officers of a Panel; collective bargaining agreements; deposits and investments; cash and bank accounts; the financial, management, and budgetary structure; the School District Emergency Financial Assistance Fund; grants and loans; the issuance of bonds; a tax levy; a debt service fund; a debt service reserve fund; bond anticipation notes; tax anticipation warrants; reports; a Panel audit; Panel property being exempt from taxation; sanctions; and abolition of a Panel. Makes related changes in the School Code and the Property Tax Code. Effective July 1, 2011.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0429 [SB2149 Detail]
Download: Illinois-2011-SB2149-Introduced.html
Bill Title: Creates the Financial Oversight Panel Law of the School Code. Allows a school district (other than the Chicago school district) to petition the State Board of Education for the establishment of a Financial Oversight Panel for the district. Allows the State Board to establish a Financial Oversight Panel without a petition from a district. Contains provisions concerning duties of the district; members and meetings of a Panel; powers of a Panel; officers of a Panel; collective bargaining agreements; deposits and investments; cash and bank accounts; the financial, management, and budgetary structure; the School District Emergency Financial Assistance Fund; grants and loans; the issuance of bonds; a tax levy; a debt service fund; a debt service reserve fund; bond anticipation notes; tax anticipation warrants; reports; a Panel audit; Panel property being exempt from taxation; sanctions; and abolition of a Panel. Makes related changes in the School Code and the Property Tax Code. Effective July 1, 2011.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-08-16 - Public Act . . . . . . . . . 97-0429 [SB2149 Detail]
Download: Illinois-2011-SB2149-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||
5 | Sections 18-50.1, 18-92, and 18-241 as follows:
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6 | (35 ILCS 200/18-50.1)
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7 | Sec. 18-50.1. School Finance Authority and Financial | ||||||||||||||||||||||||
8 | Oversight Panel levies.
Notwithstanding any other law to the | ||||||||||||||||||||||||
9 | contrary, any
levy adopted by a School Finance Authority | ||||||||||||||||||||||||
10 | created under Article 1F of
the School Code or a Financial | ||||||||||||||||||||||||
11 | Oversight Panel established under Article 1H of the School Code | ||||||||||||||||||||||||
12 | is valid and shall be extended by the county clerk if it is
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13 | certified to the county clerk by the Authority or Panel in | ||||||||||||||||||||||||
14 | sufficient time to allow
the county clerk to include the levy | ||||||||||||||||||||||||
15 | in the extension for the taxable year.
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16 | (Source: P.A. 92-855, eff. 12-6-02.)
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17 | (35 ILCS 200/18-92)
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18 | Sec. 18-92. Downstate School Finance Authority for | ||||||||||||||||||||||||
19 | Elementary
Districts Law and Financial Oversight Panel Law . The | ||||||||||||||||||||||||
20 | provisions of the Truth in Taxation Law are subject to
the | ||||||||||||||||||||||||
21 | Downstate School Finance Authority for Elementary Districts | ||||||||||||||||||||||||
22 | Law and the Financial Oversight Panel Law of the School Code .
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1 | (Source: P.A. 95-331, eff. 8-21-07.)
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2 | (35 ILCS 200/18-241)
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3 | Sec. 18-241. School Finance Authority and Financial | ||||||
4 | Oversight Panel .
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5 | (a) A School Finance Authority established under Article 1E | ||||||
6 | or 1F of
the School Code shall not be a taxing district for | ||||||
7 | purposes of this Law. A Financial Oversight Panel established | ||||||
8 | under Article 1H of the School Code shall not be a taxing | ||||||
9 | district for purposes of this Law.
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10 | (b) This Law shall not apply to the extension of taxes for | ||||||
11 | a
school district for the levy year in which a School Finance
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12 | Authority for the district is created pursuant to Article 1E or | ||||||
13 | 1F of the
School Code. This Law shall not apply to the | ||||||
14 | extension of taxes for a school district for the levy year in | ||||||
15 | which a Financial Oversight Panel for the district is created | ||||||
16 | pursuant to Article 1H of the School Code.
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17 | (Source: P.A. 92-547, eff. 6-13-02; 93-501, eff. 8-11-03.)
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18 | Section 15. The School Code is amended by changing Section | ||||||
19 | 1B-8 and by adding Article 1H as follows:
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20 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
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21 | Sec. 1B-8. There is created in the State Treasury a
special | ||||||
22 | fund to be known as the School District Emergency
Financial | ||||||
23 | Assistance Fund (the "Fund"). The School District Emergency
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1 | Financial Assistance Fund shall consist of appropriations, | ||||||
2 | loan repayments, grants from the
federal government, and | ||||||
3 | donations from any public or private source. Moneys in
the Fund
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4 | may be appropriated only to the Illinois Finance Authority and
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5 | the State Board for
those purposes authorized under this | ||||||
6 | Article and Articles
Article 1F and 1H of this Code.
The | ||||||
7 | appropriation may be
allocated and expended by the State Board | ||||||
8 | for contractual services as
grants to provide technical | ||||||
9 | assistance and consultation consulting services to school | ||||||
10 | districts to assess their financial condition to Financial | ||||||
11 | Oversight Panels that petition for emergency financial | ||||||
12 | assistance grants. The and by the Illinois Finance Authority | ||||||
13 | may provide as
loans to school districts which are the subject | ||||||
14 | of an
approved petition for emergency financial assistance | ||||||
15 | under
Section 1B-4 ,
or 1F-62 , or 1H-65 of this Code. Neither | ||||||
16 | the State Board of Education nor the Illinois Finance Authority | ||||||
17 | may collect any fees for providing these services. | ||||||
18 | From the amount allocated to each such school
district | ||||||
19 | under this Article the State Board shall identify a sum | ||||||
20 | sufficient to
cover all approved costs of the Financial | ||||||
21 | Oversight Panel
established for the respective school | ||||||
22 | district. If the State Board and State
Superintendent of | ||||||
23 | Education have not approved emergency financial assistance in
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24 | conjunction with the appointment of a Financial Oversight | ||||||
25 | Panel, the Panel's
approved costs shall be paid from deductions | ||||||
26 | from the district's general State
aid.
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1 | The Financial Oversight Panel may prepare and file
with the | ||||||
2 | State Superintendent a proposal for emergency
financial | ||||||
3 | assistance for the school district and for its
operations | ||||||
4 | budget. No expenditures shall be
authorized by the State | ||||||
5 | Superintendent until he or she has approved
the proposal of the | ||||||
6 | Panel, either as submitted or in such
lesser amount determined | ||||||
7 | by the State Superintendent.
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8 | The maximum amount of an emergency financial assistance | ||||||
9 | loan
which may be allocated to any school district under this
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10 | Article, including moneys necessary for the operations of
the | ||||||
11 | Panel, shall not exceed $4,000 times the number of pupils
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12 | enrolled in the school district during the school year
ending | ||||||
13 | June 30 prior to the date of approval by the State
Board of the | ||||||
14 | petition for emergency financial assistance, as
certified to | ||||||
15 | the local board and the Panel by the State
Superintendent.
An | ||||||
16 | emergency financial assistance grant shall not exceed $1,000 | ||||||
17 | times the
number of such pupils. A district may receive both a | ||||||
18 | loan and a grant.
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19 | The payment of an emergency State financial assistance | ||||||
20 | grant or loan
shall be subject to appropriation by the General | ||||||
21 | Assembly.
Emergency State financial assistance allocated and | ||||||
22 | paid to a school
district under this Article may be applied to | ||||||
23 | any fund or funds from which
the local board of education of | ||||||
24 | that district is authorized to make
expenditures by law.
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25 | Any emergency financial assistance proposed by the
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26 | Financial Oversight Panel and approved by the State
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1 | Superintendent may be paid in its entirety during the
initial | ||||||
2 | year of the Panel's existence or spread in equal or
declining | ||||||
3 | amounts over a period of years not to exceed the
period of the | ||||||
4 | Panel's existence. All
loan payments made from the School | ||||||
5 | District Emergency Financial
Assistance Fund for a
school | ||||||
6 | district shall be required to be repaid, with simple interest | ||||||
7 | over
the term of the loan at a rate equal to 50% of the one-year | ||||||
8 | Constant Maturity
Treasury (CMT) yield as last published by the | ||||||
9 | Board of Governors of the Federal
Reserve System before the | ||||||
10 | date on which the district's loan is
approved
by the State | ||||||
11 | Board of Education, not later than the
date the
Financial | ||||||
12 | Oversight Panel ceases to exist. The Panel shall
establish and | ||||||
13 | the Illinois Finance Authority shall
approve the terms and | ||||||
14 | conditions, including the schedule, of
repayments. The | ||||||
15 | schedule shall provide for repayments
commencing July 1 of each | ||||||
16 | year or upon each fiscal year's receipt of moneys from a tax | ||||||
17 | levy for emergency financial assistance. Repayment shall be | ||||||
18 | incorporated into the
annual budget of the school district and | ||||||
19 | may be made from any fund or funds
of the district in which | ||||||
20 | there are moneys available. Default on repayment is subject to | ||||||
21 | the Illinois Grant Funds Recovery Act. When moneys are repaid
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22 | as provided herein they shall not be made available to the | ||||||
23 | local board for
further use as emergency financial assistance | ||||||
24 | under this Article at any
time thereafter. All repayments | ||||||
25 | required to be made by a school district
shall be received by | ||||||
26 | the State Board and deposited in the School District
Emergency |
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1 | Financial Assistance Fund.
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2 | In establishing the terms and conditions for the
repayment | ||||||
3 | obligation of the school district the Panel shall
annually | ||||||
4 | determine whether a separate local property tax levy is
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5 | required. The board of any school district with a tax rate
for | ||||||
6 | educational purposes for the prior year of less than
120% of | ||||||
7 | the maximum rate for educational purposes authorized
by Section | ||||||
8 | 17-2 shall provide for a separate
tax levy for emergency | ||||||
9 | financial assistance repayment
purposes. Such tax levy shall | ||||||
10 | not be subject to referendum approval. The
amount of the levy | ||||||
11 | shall be equal to the
amount necessary to meet the annual | ||||||
12 | repayment obligations of
the district as established by the | ||||||
13 | Panel, or 20% of the
amount levied for educational purposes for | ||||||
14 | the prior year,
whichever is less. However, no district shall | ||||||
15 | be
required to levy the tax if the district's operating tax
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16 | rate as determined under Section
18-8 or 18-8.05 exceeds 200% | ||||||
17 | of the district's tax rate for educational
purposes for the | ||||||
18 | prior year.
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19 | (Source: P.A. 94-234, eff. 7-1-06 .)
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20 | (105 ILCS 5/Art. 1H heading new)
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21 | ARTICLE 1H. FINANCIAL OVERSIGHT PANELS | ||||||
22 | (105 ILCS 5/1H-1 new) | ||||||
23 | Sec. 1H-1. Short title. This Article may be cited as the | ||||||
24 | Financial Oversight Panel Law.
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1 | (105 ILCS 5/1H-5 new) | ||||||
2 | Sec. 1H-5. Findings; purpose; intent. | ||||||
3 | (a) The General Assembly finds all of the following: | ||||||
4 | (1) A fundamental goal of the people of this State, as | ||||||
5 | expressed in Section 1 of Article X of the Illinois | ||||||
6 | Constitution, is the educational development of all | ||||||
7 | persons to the limits of their capacities. When a board of | ||||||
8 | education faces financial difficulties, continued | ||||||
9 | operation of the public school system is threatened. | ||||||
10 | (2) A sound financial structure is essential to the | ||||||
11 | continued operation of any school system. It is vital to | ||||||
12 | commercial, educational, and cultural interests that | ||||||
13 | public schools remain in operation. To achieve that goal, | ||||||
14 | public school systems must have effective access to the | ||||||
15 | private market to borrow short and long term funds. | ||||||
16 | (3) To promote the financial integrity of districts, as | ||||||
17 | defined in this Article, it is necessary to provide for the | ||||||
18 | creation of financial oversight panels with the powers | ||||||
19 | necessary to promote sound financial management and to | ||||||
20 | ensure the continued operation of the public schools. | ||||||
21 | (b) It is the purpose of this Article to provide a secure | ||||||
22 | financial basis for the continued operation of public schools. | ||||||
23 | The intention of the General Assembly, in creating this | ||||||
24 | Article, is to establish procedures, provide powers, and impose | ||||||
25 | restrictions to ensure the financial and educational integrity |
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1 | of the public schools, while leaving principal responsibility | ||||||
2 | for the educational policies of public schools to the boards of | ||||||
3 | education within the State, consistent with the requirements | ||||||
4 | for satisfying the public policy and purpose set forth in this | ||||||
5 | Article.
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6 | (105 ILCS 5/1H-10 new) | ||||||
7 | Sec. 1H-10. Definitions. As used in this Article: | ||||||
8 | "Bonds" means bonds authorized to be issued by the Panel | ||||||
9 | under Section 1H-70 of this Code. | ||||||
10 | "Budget" means the annual budget of the district required | ||||||
11 | under Section 17-1 of this Code, as in effect from time to | ||||||
12 | time. | ||||||
13 | "Chairperson" means the Chairperson of the Panel. | ||||||
14 | "District" means any school district having a population of | ||||||
15 | not more than 500,000 that has had a Financial Oversight Panel | ||||||
16 | established under this Article. | ||||||
17 | "Financial plan" means the financial plan of the district | ||||||
18 | to be developed pursuant to this Article, as in effect from | ||||||
19 | time to time. | ||||||
20 | "Fiscal year" means the fiscal year of the district. | ||||||
21 | "Obligations" means bonds and notes of the Panel. | ||||||
22 | "Panel" means a Financial Oversight Panel created under | ||||||
23 | this Article. | ||||||
24 | "State Board" means the State Board of Education. | ||||||
25 | "State Superintendent" means the State Superintendent of |
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1 | Education.
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2 | (105 ILCS 5/1H-15 new) | ||||||
3 | Sec. 1H-15. Establishment of Financial Oversight Panels; | ||||||
4 | duties of district. | ||||||
5 | (a) A school district may petition the State Board for the | ||||||
6 | establishment of a Financial Oversight Panel for the district. | ||||||
7 | The petition shall cite the reasons why the creation of a | ||||||
8 | Financial Oversight Panel for the district is necessary. The | ||||||
9 | State Board may grant the petition upon determining that the | ||||||
10 | approval of the petition is in the best educational and | ||||||
11 | financial interests of the district. The State Board may | ||||||
12 | establish a Financial Oversight Panel without a petition from a | ||||||
13 | district if the State Board determines that such action is in | ||||||
14 | the best educational and financial interests of the district. | ||||||
15 | (b) Upon establishment of a Financial Oversight Panel, all | ||||||
16 | of the following shall occur: | ||||||
17 | (1) There is established a body both corporate and | ||||||
18 | politic to be known as the "(Name of School District) | ||||||
19 | Financial Oversight Panel", which in this name shall | ||||||
20 | exercise all authority vested in a Panel by this Article. | ||||||
21 | (2) The duties and obligations of the district under | ||||||
22 | Article 1B of this Code shall be transferred and become | ||||||
23 | duties and obligations owed by the district to the | ||||||
24 | Financial Oversight Panel. | ||||||
25 | (c) In the event of a conflict between the provisions of |
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1 | this Article and the provisions of Article 1B of this Code, the | ||||||
2 | provisions of this Article control. | ||||||
3 | (d) Any school district having a Financial Oversight Panel | ||||||
4 | established under Article 1B of this Code or any Financial | ||||||
5 | Oversight Panel established under Article 1B may petition the | ||||||
6 | State Board for the establishment of a Financial Oversight | ||||||
7 | Panel under this Article and concurrent dissolution of the | ||||||
8 | Article 1B Panel. All records, papers, books, funds, or other | ||||||
9 | assets or liabilities belonging to the dissolving Financial | ||||||
10 | Oversight Panel shall be transferred to the newly established | ||||||
11 | Financial Oversight Panel.
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12 | (105 ILCS 5/1H-20 new) | ||||||
13 | Sec. 1H-20. Members of Panel; meetings. | ||||||
14 | (a) Upon establishment of a Financial Oversight Panel under | ||||||
15 | Section 1H-15 of this Code, the State Superintendent shall | ||||||
16 | within 15 working days thereafter appoint 5 members to serve on | ||||||
17 | a Financial Oversight Panel for the district. Members appointed | ||||||
18 | to the Panel shall serve at the pleasure of the State | ||||||
19 | Superintendent. The State Superintendent shall designate one | ||||||
20 | of the members of the Panel to serve as its Chairperson. In the | ||||||
21 | event of vacancy or resignation, the State Superintendent | ||||||
22 | shall, within 10 days after receiving notice, appoint a | ||||||
23 | successor to serve out that member's term. The State | ||||||
24 | Superintendent may remove a member for incompetence, | ||||||
25 | malfeasance, neglect of duty, or other just cause. |
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1 | (b) Members of the Panel shall be selected primarily on the | ||||||
2 | basis of their experience and education in financial | ||||||
3 | management, with consideration given to persons knowledgeable | ||||||
4 | in education finance. Two members of the Panel shall be | ||||||
5 | residents of the school district that the Panel serves. A | ||||||
6 | member of the Panel may not be a member of the district's | ||||||
7 | school board or an employee of the district nor may a member | ||||||
8 | have a direct financial interest in the district. | ||||||
9 | (c) Panel members may be reimbursed by the State Board for | ||||||
10 | travel and other necessary expenses incurred in the performance | ||||||
11 | of their official duties. Unless paid from bonds issued under | ||||||
12 | Section 1H-70 of this Code, the amount reimbursed members for | ||||||
13 | their expenses shall be charged to the school district as part | ||||||
14 | of any emergency financial assistance and incorporated as a | ||||||
15 | part of the terms and conditions for repayment of the | ||||||
16 | assistance or shall be deducted from the district's general | ||||||
17 | State aid as provided in Section 1H-65 of this Code. | ||||||
18 | (d) With the exception of the chairperson, who shall be | ||||||
19 | designated as provided in subsection (a) of this Section, the | ||||||
20 | Panel may elect such officers as it deems appropriate. | ||||||
21 | (e) The first meeting of the Panel shall be held at the | ||||||
22 | call of the Chairperson. The Panel shall prescribe the times | ||||||
23 | and places for its meetings and the manner in which regular and | ||||||
24 | special meetings may be called and shall comply with the Open | ||||||
25 | Meetings Act. | ||||||
26 | (f) Three members of the Panel shall constitute a quorum. |
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1 | When a vote is taken upon any measure before the Panel, a | ||||||
2 | quorum being present, a majority of the votes of the members | ||||||
3 | voting on the measure shall determine the outcome.
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4 | (105 ILCS 5/1H-25 new) | ||||||
5 | Sec. 1H-25. General powers. The purposes of the Panel shall | ||||||
6 | be to exercise financial control over the district and to | ||||||
7 | furnish financial assistance so that the district can provide | ||||||
8 | public education within the district's jurisdiction while | ||||||
9 | permitting the district to meet its obligations to its | ||||||
10 | creditors and the holders of its debt. Except as expressly | ||||||
11 | limited by this Article, the Panel shall have all powers | ||||||
12 | granted to a voluntary or involuntary Financial Oversight Panel | ||||||
13 | and to a Financial Administrator under Article 1B of this Code | ||||||
14 | and all other powers necessary to meet its responsibilities and | ||||||
15 | to carry out its purposes and the purposes of this Article, | ||||||
16 | including without limitation all of the following powers, | ||||||
17 | provided that the Panel shall have no power to terminate any | ||||||
18 | employee without following the statutory procedures for such | ||||||
19 | terminations set forth in this Code: | ||||||
20 | (1) To sue and to be sued. | ||||||
21 | (2) To make, cancel, modify, and execute contracts, | ||||||
22 | leases, subleases, and all other instruments or agreements | ||||||
23 | necessary or convenient for the exercise of the powers and | ||||||
24 | functions granted by this Article, subject to Section 1H-45 | ||||||
25 | of this Code. The Panel may at a regular or special meeting |
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1 | find that the district has insufficient or inadequate funds | ||||||
2 | with respect to any contract, other than collective | ||||||
3 | bargaining agreements. | ||||||
4 | (3) To purchase real or personal property necessary or | ||||||
5 | convenient for its purposes; to execute and deliver deeds | ||||||
6 | for real property held in its own name; and to sell, lease, | ||||||
7 | or otherwise dispose of such of its property as, in the | ||||||
8 | judgment of the Panel, is no longer necessary for its | ||||||
9 | purposes. | ||||||
10 | (4) To appoint officers, agents, and employees of the | ||||||
11 | Panel, including a chief executive officer, a chief fiscal | ||||||
12 | officer, and a chief educational officer; to define their | ||||||
13 | duties and qualifications; and to fix their compensation | ||||||
14 | and employee benefits. | ||||||
15 | (5) To transfer to the district such sums of money as | ||||||
16 | are not required for other purposes. | ||||||
17 | (6) To borrow money, including without limitation | ||||||
18 | accepting State loans, and to issue obligations pursuant to | ||||||
19 | this Article; to fund, refund, or advance refund the same; | ||||||
20 | to provide for the rights of the holders of its | ||||||
21 | obligations; and to repay any advances. | ||||||
22 | (7) To levy all property tax levies that otherwise | ||||||
23 | could be levied by the district, and to make levies | ||||||
24 | pursuant to Section 1H-65 of this Code. This levy or levies | ||||||
25 | shall be exempt from the Truth in Taxation Law. | ||||||
26 | (8) Subject to the provisions of any contract with or |
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1 | for the benefit of the holders of its obligations, to | ||||||
2 | purchase or redeem its obligations. | ||||||
3 | (9) To procure all necessary goods and services for the | ||||||
4 | Panel in compliance with the purchasing laws and | ||||||
5 | requirements applicable to the district. | ||||||
6 | (10) To do any and all things necessary or convenient | ||||||
7 | to carry out its purposes and exercise the powers given to | ||||||
8 | it by this Article. | ||||||
9 | (11) To recommend annexation, consolidation, | ||||||
10 | dissolution, or reorganization of the district, in whole or | ||||||
11 | in part, to the State Board if in the Panel's judgment the | ||||||
12 | circumstances so require. No such proposal for annexation, | ||||||
13 | consolidation, dissolution, or reorganization shall occur | ||||||
14 | unless the Panel and the school boards of all other | ||||||
15 | districts directly affected by the annexation, | ||||||
16 | consolidation, dissolution, or reorganization have each | ||||||
17 | approved by majority vote the annexation, consolidation, | ||||||
18 | dissolution, or reorganization. Notwithstanding any other | ||||||
19 | law to the contrary, upon approval of the proposal by the | ||||||
20 | State Board, the State Board and all other affected | ||||||
21 | entities shall forthwith implement the proposal. When a | ||||||
22 | dissolution and annexation becomes effective for purposes | ||||||
23 | of administration and attendance, the positions of | ||||||
24 | teachers in contractual continued service in the district | ||||||
25 | being dissolved shall be transferred to the annexing | ||||||
26 | district or districts, pursuant to the provisions of |
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1 | Section 24-12 of this Code. In the event that the territory | ||||||
2 | is added to 2 or more districts, the decision on which | ||||||
3 | positions shall be transferred to which annexing districts | ||||||
4 | shall be made by giving consideration to the proportionate | ||||||
5 | percentage of pupils transferred and the annexing | ||||||
6 | districts' staffing needs, and the transfer of teachers in | ||||||
7 | contractual continued service into positions shall be | ||||||
8 | based upon the request of those teachers in contractual | ||||||
9 | continued service in order of seniority in the dissolving | ||||||
10 | district. The status of all teachers in contractual | ||||||
11 | continued service transferred to an annexing district | ||||||
12 | shall not be lost, and the board of the annexing district | ||||||
13 | is subject to this Code with respect to teachers in | ||||||
14 | contractual continued service who are transferred in the | ||||||
15 | same manner as if the person were the annexing district's | ||||||
16 | employee and had been its employee during the time the | ||||||
17 | person was actually employed by the board of the dissolving | ||||||
18 | district from which the position was transferred.
| ||||||
19 | (105 ILCS 5/1H-30 new) | ||||||
20 | Sec. 1H-30. Chief executive officer. The Panel may appoint | ||||||
21 | a chief executive officer who, under the direction of the | ||||||
22 | Panel, shall supervise the Panel's staff, including the chief | ||||||
23 | educational officer and the chief fiscal officer, and shall | ||||||
24 | have ultimate responsibility for implementing the policies, | ||||||
25 | procedures, directives, and decisions of the Panel. The chief |
| |||||||
| |||||||
1 | executive officer shall have the authority to determine the | ||||||
2 | agenda and order of business at school board meetings, as | ||||||
3 | needed in order to carry forward and implement the objectives | ||||||
4 | and priorities of the school board and Financial Oversight | ||||||
5 | Panel in the administration and management of the district. The | ||||||
6 | chief executive officer is not required to hold any certificate | ||||||
7 | issued under Article 21 of this Code. The chief executive | ||||||
8 | officer shall have the powers and duties as assigned by the | ||||||
9 | Panel in accordance with this Code.
| ||||||
10 | (105 ILCS 5/1H-35 new) | ||||||
11 | Sec. 1H-35. Chief educational officer. The Panel may at a | ||||||
12 | regular or special meeting find that cause exists to cancel the | ||||||
13 | contract of the school district's superintendent who is serving | ||||||
14 | at the time the Panel is established. If there is no | ||||||
15 | superintendent, then the Panel may appoint a chief educational | ||||||
16 | officer for the district, who shall have all of the powers and | ||||||
17 | duties of a school district superintendent under this Code and | ||||||
18 | such other duties as may be assigned by the Panel in accordance | ||||||
19 | with this Code. The chief educational officer shall report to | ||||||
20 | the Panel or the chief executive officer appointed by the | ||||||
21 | Panel. The district shall not thereafter employ a | ||||||
22 | superintendent during the period that a chief educational | ||||||
23 | officer is serving in the district. The chief educational | ||||||
24 | officer is not required to hold any certificate issued under | ||||||
25 | Article 21 of this Code.
|
| |||||||
| |||||||
1 | (105 ILCS 5/1H-40 new) | ||||||
2 | Sec. 1H-40. Chief fiscal officer. The Panel may appoint a | ||||||
3 | chief fiscal officer who, under the direction of the Panel or | ||||||
4 | the chief executive officer appointed by the Panel, shall have | ||||||
5 | all of the powers and duties of the district's chief school | ||||||
6 | business official and any other duties regarding budgeting, | ||||||
7 | accounting, and other financial matters that are assigned by | ||||||
8 | the Panel, in accordance with this Code. The district may not | ||||||
9 | employ a chief school business official during the period that | ||||||
10 | the chief fiscal officer is serving in the district. The chief | ||||||
11 | fiscal officer is not required to hold a certificate issued | ||||||
12 | under Article 21 of this Code.
| ||||||
13 | (105 ILCS 5/1H-41 new)
| ||||||
14 | Sec. 1H-41. Superintendent. The Panel may employ a | ||||||
15 | superintendent who, under the direction of the Panel or the | ||||||
16 | chief executive officer appointed by the Panel, shall have all | ||||||
17 | of the powers and duties of a school district superintendent | ||||||
18 | under this Code assigned by the Panel and such other duties as | ||||||
19 | may be assigned by the Panel in accordance with this Code. The | ||||||
20 | superintendent shall report to the Panel or the chief executive | ||||||
21 | officer appointed by the Panel. The superintendent shall hold a | ||||||
22 | certificate with a superintendent endorsement issued under | ||||||
23 | Article 21 of this Code.
|
| |||||||
| |||||||
1 | (105 ILCS 5/1H-42 new)
| ||||||
2 | Sec. 1H-42. Chief school business official. The Panel may | ||||||
3 | employ a chief school business official who, under the | ||||||
4 | direction of the Panel or the chief executive officer appointed | ||||||
5 | by the Panel, shall have all of the powers and duties of a | ||||||
6 | chief school business official under this Code assigned by the | ||||||
7 | Panel and such other duties as may be assigned by the Panel in | ||||||
8 | accordance with this Code. The chief school business official | ||||||
9 | shall report to the Panel or the chief executive officer | ||||||
10 | appointed by the Panel. The chief school business official | ||||||
11 | shall hold a certificate with a chief school business official | ||||||
12 | endorsement issued under Article 21 of this Code.
| ||||||
13 | (105 ILCS 5/1H-45 new) | ||||||
14 | Sec. 1H-45. Collective bargaining agreements. The Panel | ||||||
15 | shall have the power to negotiate collective bargaining | ||||||
16 | agreements with the district's employees in lieu of and on | ||||||
17 | behalf of the district. Upon concluding bargaining, the | ||||||
18 | district shall execute the agreements negotiated by the Panel, | ||||||
19 | and the district shall be bound by and shall administer the | ||||||
20 | agreements in all respects as if the agreements had been | ||||||
21 | negotiated by the district itself.
| ||||||
22 | (105 ILCS 5/1H-50 new) | ||||||
23 | Sec. 1H-50. Deposits and investments. | ||||||
24 | (a) The Panel shall have the power to establish checking |
| |||||||
| |||||||
1 | and whatever other banking accounts it may deem appropriate for | ||||||
2 | conducting its affairs. | ||||||
3 | (b) Subject to the provisions of any contract with or for | ||||||
4 | the benefit of the holders of its obligations, the Panel may | ||||||
5 | invest any funds not required for immediate use or | ||||||
6 | disbursement, as provided in the Public Funds Investment Act.
| ||||||
7 | (105 ILCS 5/1H-55 new) | ||||||
8 | Sec. 1H-55. Cash accounts and bank accounts. | ||||||
9 | (a) The Panel shall require the district or any officer of | ||||||
10 | the district, including the district's treasurer, to establish | ||||||
11 | and maintain separate cash accounts and separate bank accounts | ||||||
12 | in accordance with such rules, standards, and procedures as the | ||||||
13 | Panel may prescribe. | ||||||
14 | (b) The Panel shall have the power to assume exclusive | ||||||
15 | administration of the cash accounts and bank accounts of the | ||||||
16 | district, to establish and maintain whatever new cash accounts | ||||||
17 | and bank accounts it may deem appropriate, and to withdraw | ||||||
18 | funds from these accounts for the lawful expenditures of the | ||||||
19 | district.
| ||||||
20 | (105 ILCS 5/1H-60 new) | ||||||
21 | Sec. 1H-60. Financial, management, and budgetary | ||||||
22 | structure. Upon direction of the Panel, the district shall | ||||||
23 | reorganize the financial accounts, management, and budgetary | ||||||
24 | systems of the district in whatever manner the Panel deems |
| |||||||
| |||||||
1 | appropriate to achieve greater financial responsibility and to | ||||||
2 | reduce financial inefficiency.
| ||||||
3 | (105 ILCS 5/1H-65 new) | ||||||
4 | Sec. 1H-65. School District Emergency Financial Assistance | ||||||
5 | Fund; grants and loans. | ||||||
6 | (a) Moneys in the School District Emergency Financial | ||||||
7 | Assistance Fund established under Section 1B-8 of this Code may | ||||||
8 | be allocated and expended by the State Board for contractual | ||||||
9 | services to provide technical assistance and consultation to | ||||||
10 | school districts to assess their financial condition or to | ||||||
11 | Panels that petition for emergency financial assistance grants | ||||||
12 | and by the Illinois Finance Authority as loans to school | ||||||
13 | districts that are the subject of an approved petition for | ||||||
14 | emergency financial assistance under Section 1B-4, 1F-62, or | ||||||
15 | 1H-65 of this Code. Neither the State Board of Education nor | ||||||
16 | the Illinois Finance Authority may collect any fees for | ||||||
17 | providing these services. From the amount allocated to each | ||||||
18 | such school district, the State Board shall identify a sum | ||||||
19 | sufficient to cover all approved costs of the Panel established | ||||||
20 | for the respective school district. If the State Board and | ||||||
21 | State Superintendent of Education have not approved emergency | ||||||
22 | financial assistance in conjunction with the appointment of a | ||||||
23 | Panel, the Panel's approved costs shall be paid from deductions | ||||||
24 | from the district's general State aid. An emergency financial | ||||||
25 | assistance loan to a Panel or borrowing from sources other than |
| |||||||
| |||||||
1 | the State shall not be considered as part of the calculation of | ||||||
2 | a district's debt for purposes of the limitation specified in | ||||||
3 | Section 19-1 of this Code. | ||||||
4 | (b) The Panel may prepare and file with the State | ||||||
5 | Superintendent a proposal for emergency financial assistance | ||||||
6 | for the school district and for its operations budget. No | ||||||
7 | expenditures shall be authorized by the State Superintendent | ||||||
8 | until he or she has approved the proposal of the Panel, either | ||||||
9 | as submitted or in such lesser amount determined by the State | ||||||
10 | Superintendent. | ||||||
11 | (c) The amount of an emergency financial assistance loan | ||||||
12 | that may be allocated to a Panel under this Article, including | ||||||
13 | (i) moneys necessary for the operations of the Panel and (ii) | ||||||
14 | borrowing from sources other than the State shall not exceed, | ||||||
15 | in the aggregate, $4,000 times the number of pupils enrolled in | ||||||
16 | the district during the school year ending June 30 prior to the | ||||||
17 | date of approval of the petition for emergency financial | ||||||
18 | assistance by the State Board. However, this limitation does | ||||||
19 | not apply to borrowing by the district secured by amounts | ||||||
20 | levied by the district prior to establishment of the Panel. An | ||||||
21 | emergency financial assistance grant shall not exceed $1,000 | ||||||
22 | times the number of such pupils. A district may receive both a | ||||||
23 | loan and a grant. | ||||||
24 | (d) The payment of a State emergency financial assistance | ||||||
25 | grant or loan is subject to appropriation by the General | ||||||
26 | Assembly. State emergency financial assistance allocated and |
| |||||||
| |||||||
1 | paid to a Panel under this Article may be applied to any fund | ||||||
2 | or funds from which the Panel is authorized to make | ||||||
3 | expenditures by law. | ||||||
4 | (e) Any State emergency financial assistance proposed by | ||||||
5 | the Panel and approved by the State Superintendent may be paid | ||||||
6 | in its entirety during the initial year of the Panel's | ||||||
7 | existence or spread in equal or variable amounts over a period | ||||||
8 | of years not to exceed the period of the Panel's existence. The | ||||||
9 | State Superintendent shall not approve any loan to the Panel | ||||||
10 | unless the Panel has been unable to borrow sufficient funds to | ||||||
11 | operate the district. | ||||||
12 | (f) All loan payments made from the School District | ||||||
13 | Emergency Financial Assistance Fund to a Panel shall be | ||||||
14 | required to be repaid not later than the date the Panel ceases | ||||||
15 | to exist, with simple interest over the term of the loan at a | ||||||
16 | rate equal to 50% of the one-year Constant Maturity Treasury | ||||||
17 | (CMT) yield as last published by the Board of Governors of the | ||||||
18 | Federal Reserve System before the date on which the Financial | ||||||
19 | Oversight Panel's loan is approved by the State Superintendent. | ||||||
20 | (g) The Panel shall establish and the Illinois Finance | ||||||
21 | Authority shall approve the terms and conditions of the loan, | ||||||
22 | including the schedule of repayments. The schedule shall | ||||||
23 | provide for repayments commencing July 1 of each year or upon | ||||||
24 | each fiscal year's receipt of moneys from a tax levy for | ||||||
25 | emergency financial assistance. Repayment shall be | ||||||
26 | incorporated into the annual budget of the district and may be |
| |||||||
| |||||||
1 | made from any fund or funds of the district in which there are | ||||||
2 | moneys available. Default on repayment is subject to the | ||||||
3 | Illinois Grant Funds Recovery Act. When moneys are repaid as | ||||||
4 | provided in this Section, they shall not be made available to | ||||||
5 | the Panel for further use as emergency financial assistance | ||||||
6 | under this Article at any time thereafter. All repayments | ||||||
7 | required to be made by a Panel shall be deposited into the | ||||||
8 | School District Emergency Financial Assistance Fund. | ||||||
9 | (h) In establishing the terms and conditions for the | ||||||
10 | repayment obligation of the Panel, the Panel shall annually | ||||||
11 | determine whether a separate local property tax levy is | ||||||
12 | required to meet that obligation. The Financial Oversight Panel | ||||||
13 | shall provide for a separate tax levy for emergency financial | ||||||
14 | assistance repayment purposes. This tax levy shall not be | ||||||
15 | subject to referendum approval. The amount of the levy shall | ||||||
16 | not exceed the amount necessary to meet the annual emergency | ||||||
17 | financial repayment obligations of the district, including | ||||||
18 | principal and interest, as established by the Panel, and shall | ||||||
19 | not be subject to the provisions of the Property Tax Extension | ||||||
20 | Limitation Law.
| ||||||
21 | (105 ILCS 5/1H-70 new) | ||||||
22 | Sec. 1H-70. Power to issue bonds. | ||||||
23 | (a) The Panel may incur indebtedness by the issuance of | ||||||
24 | negotiable full faith and credit general obligation bonds of | ||||||
25 | the Panel in an outstanding amount not to exceed at any time, |
| |||||||
| |||||||
1 | including existing indebtedness, 15% of the district's most | ||||||
2 | recent equalized assessed valuation, excluding Bonds of the | ||||||
3 | Panel that have been refunded, for (i) the purpose of providing | ||||||
4 | the district with moneys for ordinary and necessary | ||||||
5 | expenditures and other operational needs of the district; (ii) | ||||||
6 | payment or refunding of outstanding debt obligations or tax | ||||||
7 | anticipation warrants of the district, the proceeds of which | ||||||
8 | were used to provide financing for the district; (iii) payment | ||||||
9 | of fees for arrangements as provided in subsection (b) of | ||||||
10 | Section 1H-75 of this Code; (iv) payment of interest on Bonds; | ||||||
11 | (v) establishment of reserves to secure Bonds; (vi) the payment | ||||||
12 | of costs of issuance of Bonds; (vii) payment of principal of or | ||||||
13 | interest or redemption premium on any Bonds or notes of the | ||||||
14 | Panel; and (viii) all other expenditures of the Panel | ||||||
15 | incidental to and necessary or convenient for carrying out its | ||||||
16 | corporate purposes and powers. | ||||||
17 | (b) The Panel may from time to time (i) issue Bonds to | ||||||
18 | refund any outstanding Bonds or notes of the Panel, whether the | ||||||
19 | Bonds or notes to be refunded have or have not matured or | ||||||
20 | become redeemable, and (ii) issue Bonds partly to refund Bonds | ||||||
21 | or notes then outstanding and partly for any other purpose set | ||||||
22 | forth in this Section. | ||||||
23 | (c) Bonds issued in accordance with subsection (a) of this | ||||||
24 | Section are not subject to any other statutory limitation as to | ||||||
25 | debt, including without limitation that established by the | ||||||
26 | Local Government Debt Limitation Act, and may be issued without |
| |||||||
| |||||||
1 | referendum.
| ||||||
2 | (105 ILCS 5/1H-75 new) | ||||||
3 | Sec. 1H-75. Terms of bonds. | ||||||
4 | (a) Whenever the Panel desires or is required to issue | ||||||
5 | Bonds as provided in this Article, it shall adopt a resolution | ||||||
6 | designating the amount of the Bonds to be issued, the purposes | ||||||
7 | for which the proceeds of the Bonds are to be used, and the | ||||||
8 | manner in which the proceeds shall be held pending the | ||||||
9 | application thereof. The Bonds shall be issued in the corporate | ||||||
10 | name of the Panel and shall bear such date or dates and shall | ||||||
11 | mature at such time or times, not exceeding 20 years from their | ||||||
12 | date, as the resolution may provide. The Bonds may be issued as | ||||||
13 | serial bonds payable in installments, as term bonds with | ||||||
14 | sinking fund installments, or as a combination of these as the | ||||||
15 | Panel may determine in the resolution. The Bonds shall be in | ||||||
16 | such denominations as the Panel may determine. The Bonds shall | ||||||
17 | be in such form, carry such registration privileges, be | ||||||
18 | executed in such manner, be payable at such place or places, | ||||||
19 | and be subject to such terms of redemption at such redemption | ||||||
20 | prices, including premium, as the resolution may provide. The | ||||||
21 | Bonds shall be sold by the Panel at public or private sale, as | ||||||
22 | determined by the Panel. | ||||||
23 | (b) In connection with the issuance of its Bonds, the Panel | ||||||
24 | may enter into arrangements to provide additional security and | ||||||
25 | liquidity for the Bonds. These may include without limitation |
| |||||||
| |||||||
1 | municipal bond insurance, letters of credit, lines of credit by | ||||||
2 | which the Panel may borrow funds to pay or redeem its Bonds, | ||||||
3 | and purchase or remarketing arrangements for ensuring the | ||||||
4 | ability of owners of the Panel's Bonds to sell their Bonds or | ||||||
5 | to have their Bonds redeemed. The Panel may enter into | ||||||
6 | contracts and may agree to pay fees to persons providing the | ||||||
7 | arrangements, including from Bond proceeds, but only under | ||||||
8 | circumstances in which the total interest paid or to be paid on | ||||||
9 | the Bonds, together with the fees for the arrangements (being | ||||||
10 | treated as if interest), would not, taken together, cause the | ||||||
11 | Bonds to bear interest, calculated to their absolute maturity, | ||||||
12 | at a rate in excess of the maximum rate allowed by law. | ||||||
13 | The resolution of the Panel authorizing the issuance of its | ||||||
14 | Bonds may provide that interest rates may vary from time to | ||||||
15 | time depending upon criteria established by the Panel, which | ||||||
16 | may include without limitation a variation in interest rates as | ||||||
17 | may be necessary to cause the Bonds to be remarketable from | ||||||
18 | time to time at a price equal to their principal amount, and | ||||||
19 | may provide for appointment of a national banking association, | ||||||
20 | bank, trust company, investment banker, or other financial | ||||||
21 | institution to serve as a remarketing agent in that connection. | ||||||
22 | The resolution of the Panel authorizing the issuance of its | ||||||
23 | Bonds may provide that alternative interest rates or provisions | ||||||
24 | shall apply during such times as the Bonds are held by a person | ||||||
25 | providing a letter of credit or other credit enhancement | ||||||
26 | arrangement for those Bonds.
|
| |||||||
| |||||||
1 | (105 ILCS 5/1H-80 new) | ||||||
2 | Sec. 1H-80. Tax levy. | ||||||
3 | (a) Before or at the time of issuing any Bonds, the Panel | ||||||
4 | shall provide by resolution for the levy and collection of a | ||||||
5 | direct annual tax upon all the taxable property located within | ||||||
6 | the district, without limit as to rate or amount, sufficient to | ||||||
7 | pay and discharge the principal thereof at maturity or on | ||||||
8 | sinking fund installment dates and to pay the interest thereon | ||||||
9 | as it falls due. The taxes as levied shall also include | ||||||
10 | additional amounts to the extent that the collections in the | ||||||
11 | prior years were insufficient to pay and discharge the | ||||||
12 | principal thereof at maturity, sinking fund installments, if | ||||||
13 | any, and interest thereon as it fell due, and the amount so | ||||||
14 | collected shall be placed in the debt service reserve fund. The | ||||||
15 | tax shall be in addition to and exclusive of the maximum of all | ||||||
16 | taxes that the Panel or the district is authorized by law to | ||||||
17 | levy for any and all school purposes. The resolution shall be | ||||||
18 | in force upon its adoption. | ||||||
19 | (b) The levy shall be for the sole benefit of the holders | ||||||
20 | of the Bonds, and the holders of the Bonds shall have a | ||||||
21 | security interest in and lien upon all rights, claims, and | ||||||
22 | interests of the Panel arising pursuant to the levy and all | ||||||
23 | present and future proceeds of the levy until the principal of | ||||||
24 | and sinking fund installments and interest on the Bonds are | ||||||
25 | paid in full. All proceeds from the levy shall be deposited by |
| |||||||
| |||||||
1 | each county collector directly into the debt service fund | ||||||
2 | established pursuant to Section 1H-85 of this Code, shall be | ||||||
3 | applied solely for the payment of principal of and sinking fund | ||||||
4 | installments and interest on the Bonds, and shall not be used | ||||||
5 | for any other purpose. | ||||||
6 | (c) Upon the filing in the office of the county clerk of | ||||||
7 | each county where the school district is located of a duly | ||||||
8 | certified copy of the resolution, it shall be the duty of each | ||||||
9 | county clerk to extend the tax provided for in the resolution, | ||||||
10 | including an amount determined by the Panel to cover loss and | ||||||
11 | cost of collection and also deferred collections and abatements | ||||||
12 | in the amount of the taxes as extended on the collectors' | ||||||
13 | books. The tax shall be separate and apart from all other taxes | ||||||
14 | of the Panel or the district and shall be separately identified | ||||||
15 | by the collectors.
| ||||||
16 | (105 ILCS 5/1H-85 new) | ||||||
17 | Sec. 1H-85. Debt service fund. The Panel shall establish a | ||||||
18 | debt service fund for the Bonds, to be maintained by a paying | ||||||
19 | agent, escrow agent, depository, or corporate trustee, which | ||||||
20 | may be any trust company or bank having the power of a trust | ||||||
21 | company within this State, separate and segregated from all | ||||||
22 | other funds and accounts of the Panel and the district. All | ||||||
23 | moneys on deposit in the debt service fund shall be held in | ||||||
24 | trust in the debt service fund for the benefit of the holders | ||||||
25 | of the Bonds, shall be applied solely for the payment of the |
| |||||||
| |||||||
1 | principal of and sinking fund installment, redemption premium, | ||||||
2 | if any, and interest on the Bonds, and shall not be used for | ||||||
3 | any other purpose. The holders of the Bonds shall have a | ||||||
4 | security interest in and lien upon all such moneys.
| ||||||
5 | (105 ILCS 5/1H-90 new) | ||||||
6 | Sec. 1H-90. Debt service reserve fund. | ||||||
7 | (a) The Panel may create and establish a debt service | ||||||
8 | reserve fund to be maintained by a paying agent, escrow agent, | ||||||
9 | depository, or corporate trustee, which may be any trust | ||||||
10 | company or bank having the power of a trust company within the | ||||||
11 | State, separate and segregated from all other funds and | ||||||
12 | accounts of the Panel. The Panel may pay the following into the | ||||||
13 | debt service reserve fund: | ||||||
14 | (1) any proceeds from the sale of Bonds to the extent | ||||||
15 | provided in the resolution authorizing the issuance of the | ||||||
16 | Bonds; and | ||||||
17 | (2) any other moneys that may be available to the Panel | ||||||
18 | for the purpose of the fund. | ||||||
19 | (b) The amount to be accumulated in the debt service | ||||||
20 | reserve fund shall be determined by the Panel, but shall not | ||||||
21 | exceed the maximum amount of interest, principal, and sinking | ||||||
22 | fund installments due in any succeeding calendar year. | ||||||
23 | (c) All moneys on deposit in the debt service reserve fund | ||||||
24 | shall be held in trust for the benefit of the holders of the | ||||||
25 | Bonds, shall be applied solely for the payment of principal of |
| |||||||
| |||||||
1 | and sinking fund installments and interest on the Bonds to the | ||||||
2 | extent not paid from the debt service fund, and shall not be | ||||||
3 | used for any other purpose. | ||||||
4 | (d) Any moneys in the debt service reserve fund in excess | ||||||
5 | of the amount determined by the Panel pursuant to a resolution | ||||||
6 | authorizing the issuance of Bonds may be withdrawn by the Panel | ||||||
7 | and used for any of its lawful purposes. | ||||||
8 | (e) In computing the amount of the debt service reserve | ||||||
9 | fund, investments shall be valued as the Panel provides in the | ||||||
10 | resolution authorizing the issuance of the Bonds.
| ||||||
11 | (105 ILCS 5/1H-95 new) | ||||||
12 | Sec. 1H-95. Bond anticipation notes. | ||||||
13 | (a) After the issuance of Bonds has been authorized, the | ||||||
14 | Panel shall have power to issue from time to time, pursuant to | ||||||
15 | a resolution or resolutions of the Panel, negotiable bond | ||||||
16 | anticipation notes of the Panel in anticipation of the issuance | ||||||
17 | of Bonds. | ||||||
18 | (b) Bond anticipation notes shall mature not later than 2 | ||||||
19 | years after the date of issuance, may be made redeemable prior | ||||||
20 | to their maturity, and may be sold in such manner, in such | ||||||
21 | denominations, and at such price or prices and shall bear | ||||||
22 | interest at such rate or rates not to exceed the maximum annual | ||||||
23 | rate authorized by law as a resolution authorizing the issuance | ||||||
24 | of the bond anticipation notes may provide. | ||||||
25 | (c) The bond anticipation notes may be made payable as to |
| |||||||
| |||||||
1 | both principal and interest from the proceeds of the Bonds. The | ||||||
2 | Panel may provide for payment of interest on the bond | ||||||
3 | anticipation notes from direct annual taxes upon all of the | ||||||
4 | taxable property located within the district that are | ||||||
5 | authorized to be levied annually for that purpose, without | ||||||
6 | limit as to rate or amount, sufficient to pay the interest as | ||||||
7 | it falls due, in the manner, subject to the security interest | ||||||
8 | and lien, and with the effect provided in Section 1H-80 of this | ||||||
9 | Code. | ||||||
10 | (d) The Panel is authorized to issue renewal notes in the | ||||||
11 | event it is unable to issue Bonds to pay outstanding bond | ||||||
12 | anticipation notes, on terms the Panel deems reasonable. | ||||||
13 | (e) A debt service fund shall be established in the manner | ||||||
14 | provided in Section 1H-85 of this Code by the Panel for the | ||||||
15 | bond anticipation notes, and the proceeds of any tax levy made | ||||||
16 | pursuant to this Section shall be deposited into the fund upon | ||||||
17 | receipt.
| ||||||
18 | (105 ILCS 5/1H-100 new) | ||||||
19 | Sec. 1H-100. Vesting powers in trustee or other authorized | ||||||
20 | agent. The resolution authorizing issuance of the Bonds shall | ||||||
21 | vest in a trustee, paying agent, escrow agent, or depository | ||||||
22 | such rights, powers, and duties in trust as the Panel may | ||||||
23 | determine and may contain such provisions for protecting and | ||||||
24 | enforcing the rights and remedies of the holders of the Bonds | ||||||
25 | and limiting such rights and remedies as may be reasonable and |
| |||||||
| |||||||
1 | proper and not in violation of law, including covenants setting | ||||||
2 | forth the duties of the Panel in relation to the exercise of | ||||||
3 | its corporate powers and the custody, safeguarding, and | ||||||
4 | application of all moneys. The resolution shall provide for the | ||||||
5 | manner in which moneys in the various funds and accounts of the | ||||||
6 | Panel may be invested and the disposition of the earnings on | ||||||
7 | the investments.
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8 | (105 ILCS 5/1H-105 new) | ||||||
9 | Sec. 1H-105. Discharge of bonds. | ||||||
10 | (a) If the Panel pays or causes to be paid to the holders | ||||||
11 | of all Bonds then outstanding the principal, redemption price, | ||||||
12 | if any, and interest to become due on the Bonds, at the times | ||||||
13 | and in the manner stipulated therein and in the resolution | ||||||
14 | authorizing the issuance of the Bonds, then the covenants, | ||||||
15 | agreements, and other obligations of the Panel to the | ||||||
16 | Bondholders shall be discharged and satisfied. | ||||||
17 | (b) Bonds or interest installments for the payment or | ||||||
18 | redemption of which moneys have been set aside and held in | ||||||
19 | trust by the trustee or other authorized agent provided for in | ||||||
20 | Section 1H-100 of this Code, through deposit by the Panel of | ||||||
21 | funds for the payment, redemption, or otherwise, at the | ||||||
22 | maturity or redemption date, are deemed to have been paid | ||||||
23 | within the meaning and with the effect expressed in subsection | ||||||
24 | (a) of this Section. All outstanding Bonds of any series, prior | ||||||
25 | to the maturity or redemption date, are deemed to have been |
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1 | paid within the meaning and with the effect expressed in | ||||||
2 | subsection (a) of this Section if (1) there has been deposited | ||||||
3 | with the trustee or other authorized agent either (A) moneys in | ||||||
4 | an amount that is sufficient or (B) direct obligations of the | ||||||
5 | United States of America the principal of and the interest on | ||||||
6 | which, when due, will provide moneys that, together with the | ||||||
7 | moneys, if any, deposited with the trustee or other authorized | ||||||
8 | agent at the same time, are sufficient to pay, when due, the | ||||||
9 | principal, sinking fund installment, or redemption price, if | ||||||
10 | applicable, of and interest due and to become due on the Bonds | ||||||
11 | on and prior to the redemption date, sinking fund installment | ||||||
12 | date, or maturity date, as the case may be, and (2) the Panel | ||||||
13 | has given the trustee or other authorized agent, in form | ||||||
14 | satisfactory to it, irrevocable instructions to give notice to | ||||||
15 | the effect and in accordance with the procedures provided in | ||||||
16 | the resolution authorizing the issuance of the Bonds. Neither | ||||||
17 | direct obligations of the United States of America, moneys | ||||||
18 | deposited with the trustee or other authorized agent, or | ||||||
19 | principal or interest payments on the securities shall be | ||||||
20 | withdrawn or used for any purpose other than, and shall be held | ||||||
21 | in trust for, the payment of the principal or redemption price, | ||||||
22 | if applicable, and interest on the Bonds.
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23 | (105 ILCS 5/1H-110 new) | ||||||
24 | Sec. 1H-110. Pledge of the State. The State of Illinois | ||||||
25 | pledges to and agrees with the holders of Bonds that the State |
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1 | will not limit or alter the rights and powers vested in the | ||||||
2 | Panel by this Article with respect to the issuance of | ||||||
3 | obligations so as to impair the terms of any contract made by | ||||||
4 | the Panel with these holders or in any way impair the rights | ||||||
5 | and remedies of these holders until the Bonds, together with | ||||||
6 | interest on the Bonds, interest on any unpaid installments of | ||||||
7 | interest, and all costs and expenses in connection with any | ||||||
8 | action or proceedings by or on behalf of these holders, are | ||||||
9 | fully met and discharged or provisions made for their payment. | ||||||
10 | The Panel is authorized to include this pledge and agreement of | ||||||
11 | the State in any resolution or contract with the holders of | ||||||
12 | Bonds.
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13 | (105 ILCS 5/1H-115 new) | ||||||
14 | Sec. 1H-115. Statutory lien. Any pledge, assignment, lien, | ||||||
15 | or security interest for the benefit of the holders of Bonds or | ||||||
16 | bond anticipation notes, if any, created pursuant to this | ||||||
17 | Article are valid and binding from the time the Bonds are | ||||||
18 | issued, without any physical delivery or further act, and are | ||||||
19 | valid and binding as against and prior to any claims of all | ||||||
20 | other parties having claims of any kind in tort, contract, or | ||||||
21 | otherwise against the State, the Panel, the district, or any | ||||||
22 | other person, irrespective of whether the other parties have | ||||||
23 | notice.
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24 | (105 ILCS 5/1H-120 new) |
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1 | Sec. 1H-120. State or district not liable on obligations. | ||||||
2 | Obligations shall not be deemed to constitute (i) a debt or | ||||||
3 | liability of the State, the district, or any political | ||||||
4 | subdivision of the State or district other than the Panel or | ||||||
5 | (ii) a pledge of the full faith and credit of the State, the | ||||||
6 | district, or any political subdivision of the State or district | ||||||
7 | other than the Panel but shall be payable solely from the funds | ||||||
8 | and revenues provided for in this Article. The issuance of | ||||||
9 | obligations shall not directly, indirectly, or contingently | ||||||
10 | obligate the State, the district, or any political subdivision | ||||||
11 | of the State or district other than the Panel to levy any form | ||||||
12 | of taxation therefor or to make any appropriation for their | ||||||
13 | payment. Nothing in this Section shall prevent or be construed | ||||||
14 | to prevent the Panel from pledging its full faith and credit to | ||||||
15 | the payment of obligations. Nothing in this Article shall be | ||||||
16 | construed to authorize the Panel to create a debt of the State | ||||||
17 | or the district within the meaning of the Constitution or laws | ||||||
18 | of Illinois, and all obligations issued by the Panel pursuant | ||||||
19 | to the provisions of this Article are payable and shall state | ||||||
20 | that they are payable solely from the funds and revenues | ||||||
21 | pledged for their payment in accordance with the resolution | ||||||
22 | authorizing their issuance or any trust indenture executed as | ||||||
23 | security therefor. The State or the district shall not in any | ||||||
24 | event be liable for the payment of the principal of or interest | ||||||
25 | on any obligations of the Panel or for the performance of any | ||||||
26 | pledge, obligation, or agreement of any kind whatsoever that |
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1 | may be undertaken by the Panel. No breach of any such pledge, | ||||||
2 | obligation, or agreement may impose any liability upon the | ||||||
3 | State or the district or any charge upon their general credit | ||||||
4 | or against their taxing power.
| ||||||
5 | (105 ILCS 5/1H-125 new) | ||||||
6 | Sec. 1H-125. Obligations as legal investments. The | ||||||
7 | obligations issued under the provisions of this Article are | ||||||
8 | hereby made securities in which all public officers and bodies | ||||||
9 | of this State, all political subdivisions of this State, all | ||||||
10 | persons carrying on an insurance business, all banks, bankers, | ||||||
11 | trust companies, savings banks, and savings associations | ||||||
12 | (including savings and loan associations, building and loan | ||||||
13 | associations, investment companies, and other persons carrying | ||||||
14 | on a banking business), and all credit unions, pension funds, | ||||||
15 | administrators, and guardians who are or may be authorized to | ||||||
16 | invest in bonds or in other obligations of the State may | ||||||
17 | properly and legally invest funds, including capital, in their | ||||||
18 | control or belonging to them. The obligations are also hereby | ||||||
19 | made securities that may be deposited with and may be received | ||||||
20 | by all public officers and bodies of the State, all political | ||||||
21 | subdivisions of the State, and public corporations for any | ||||||
22 | purpose for which the deposit of bonds or other obligations of | ||||||
23 | the State is authorized.
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24 | (105 ILCS 5/1H-130 new) |
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1 | Sec. 1H-130. Complete authority. This Article, without | ||||||
2 | reference to any other law, shall be deemed full and complete | ||||||
3 | authority for the issuance of Bonds and bond anticipation notes | ||||||
4 | as provided in this Article.
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5 | (105 ILCS 5/1H-135 new) | ||||||
6 | Sec. 1H-135. Tax anticipation warrants. A Panel shall have | ||||||
7 | the same power to issue tax anticipation warrants as a school | ||||||
8 | board under Section 17-16 of this Code. Tax anticipation | ||||||
9 | warrants are considered borrowing from sources other than the | ||||||
10 | State and are subject to Section 1H-65 of this Code.
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11 | (105 ILCS 5/1H-140 new) | ||||||
12 | Sec. 1H-140. Reports. | ||||||
13 | (a) The Panel, upon taking office and annually thereafter, | ||||||
14 | shall prepare and submit to the Governor, General Assembly, and | ||||||
15 | State Superintendent a report that includes the audited | ||||||
16 | financial statement for the preceding fiscal year, an approved | ||||||
17 | financial plan, and a statement of the major steps necessary to | ||||||
18 | accomplish the objectives of the financial plan. | ||||||
19 | (b) Annual reports must be submitted on or before March 1 | ||||||
20 | of each year. | ||||||
21 | (c) The requirement for reporting to the General Assembly | ||||||
22 | shall be satisfied by filing copies of the report as provided | ||||||
23 | in Section 3.1 of the General Assembly Organization Act and by | ||||||
24 | filing additional copies with the State Government Report |
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1 | Distribution Center for the General Assembly as required under | ||||||
2 | subdivision (t) of Section 7 of the State Library Act.
| ||||||
3 | (105 ILCS 5/1H-145 new) | ||||||
4 | Sec. 1H-145. Audit of Panel. The State Superintendent may | ||||||
5 | require a separate audit of the Panel, otherwise the activities | ||||||
6 | of the Panel must be included in the scope of the audit of the | ||||||
7 | school district. A copy of the audit report covering the Panel | ||||||
8 | must be submitted to the State Superintendent.
| ||||||
9 | (105 ILCS 5/1H-150 new) | ||||||
10 | Sec. 1H-150. Assistance by State agencies, units of local | ||||||
11 | government, and school districts. The district shall render | ||||||
12 | such services to and permit the use of its facilities and | ||||||
13 | resources by the Panel at no charge as may be requested by the | ||||||
14 | Panel. Any State agency, unit of local government, or school | ||||||
15 | district may, within its lawful powers and duties, render such | ||||||
16 | services to the Panel as may be requested by the Panel. Upon | ||||||
17 | request of the Panel, any State agency, unit of local | ||||||
18 | government, or school district is authorized and empowered to | ||||||
19 | loan to the Panel such officers and employees as the Panel may | ||||||
20 | deem necessary in carrying out its functions and duties. | ||||||
21 | Officers and employees so transferred shall not lose or forfeit | ||||||
22 | their employment status or rights.
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23 | (105 ILCS 5/1H-155 new) |
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1 | Sec. 1H-155. Property of Panel exempt from taxation. The | ||||||
2 | property of the Panel is exempt from taxation.
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3 | (105 ILCS 5/1H-160 new) | ||||||
4 | Sec. 1H-160. Sanctions. | ||||||
5 | (a) No member, officer, employee, or agent of the district | ||||||
6 | may commit the district to any contract or other obligation or | ||||||
7 | incur any liability on behalf of the district for any purpose | ||||||
8 | if the amount of the contract, obligation, or liability is in | ||||||
9 | excess of the amount authorized for that purpose then available | ||||||
10 | under the financial plan and budget then in effect. | ||||||
11 | (b) No member, officer, employee, or agent of the district | ||||||
12 | may commit the district to any contract or other obligation on | ||||||
13 | behalf of the district for the payment of money for any purpose | ||||||
14 | required to be approved by the Panel unless the contract or | ||||||
15 | other obligation has been approved by the Panel. | ||||||
16 | (c) No member, officer, employee, or agent of the district | ||||||
17 | may take any action in violation of any valid order of the | ||||||
18 | Panel, may fail or refuse to take any action required by any | ||||||
19 | such order, may prepare, present, certify, or report any | ||||||
20 | information, including any projections or estimates, for the | ||||||
21 | Panel or any of its agents that is false or misleading, or, | ||||||
22 | upon learning that any such information is false or misleading, | ||||||
23 | may fail promptly to advise the Panel or its agents. | ||||||
24 | (d) In addition to any penalty or liability under any other | ||||||
25 | law, any member, officer, employee, or agent of the district |
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1 | who violates subsection (a), (b), or (c) of this Section is | ||||||
2 | subject to appropriate administrative discipline as may be | ||||||
3 | imposed by the Panel, including, if warranted, suspension from | ||||||
4 | duty without pay, removal from office, or termination of | ||||||
5 | employment.
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6 | (105 ILCS 5/1H-165 new) | ||||||
7 | Sec. 1H-165. Abolition of Panel. The Panel shall be | ||||||
8 | abolished 10 years after its creation or one year after all its | ||||||
9 | obligations issued under the provisions of this Article have | ||||||
10 | been fully paid and discharged, whichever comes later. However, | ||||||
11 | the State Board, upon recommendation of the Panel and if no | ||||||
12 | obligations are outstanding, may abolish the Panel at any time | ||||||
13 | after the Panel has been in existence for 3 years. Upon the | ||||||
14 | abolition of the Panel, all of its records shall be transferred | ||||||
15 | to the State Board and any property of the Panel shall pass to | ||||||
16 | and be vested in the State Board.
| ||||||
17 | (105 ILCS 5/1H-170 new) | ||||||
18 | Sec. 1H-170. Limitations of actions after abolition; | ||||||
19 | indemnification; legal representation. | ||||||
20 | (a) Abolition of the Panel pursuant to Section 1H-165 of | ||||||
21 | this Code shall bar any remedy available against the Panel, its | ||||||
22 | members, employees, or agents for any right or claim existing | ||||||
23 | or any liability incurred prior to the abolition, unless the | ||||||
24 | action or other proceeding is commenced prior to the expiration |
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1 | of 2 years after the date of the abolition. | ||||||
2 | (b) The Panel may indemnify any member, officer, employee, | ||||||
3 | or agent who was or is a party or is threatened to be made a | ||||||
4 | party to any threatened, pending, or completed action, suit, or | ||||||
5 | proceeding, whether civil, criminal, administrative, or | ||||||
6 | investigative, by reason of the fact that he or she was a | ||||||
7 | member, officer, employee, or agent of the Panel, against | ||||||
8 | expenses (including attorney's fees, judgments, fines, and | ||||||
9 | amounts paid in settlement actually and reasonably incurred by | ||||||
10 | him or her in connection with the action, suit, or proceeding) | ||||||
11 | if he or she acted in good faith and in a manner that he or she | ||||||
12 | reasonably believed to be in or not opposed to the best | ||||||
13 | interests of the Panel and, with respect to any criminal action | ||||||
14 | or proceeding, had no reasonable cause to believe his or her | ||||||
15 | conduct was unlawful. The termination of any action, suit, or | ||||||
16 | proceeding by judgment, order, settlement, or conviction or | ||||||
17 | upon a plea of nolo contendere or its equivalent, shall not, of | ||||||
18 | itself, create a presumption that the person did not act in | ||||||
19 | good faith in a manner that he or she reasonably believed to be | ||||||
20 | in or not opposed to the best interests of the Panel and, with | ||||||
21 | respect to any criminal action or proceeding, had reasonable | ||||||
22 | cause to believe that his or her conduct was unlawful. | ||||||
23 | To the extent that a member, officer, employee, or agent of | ||||||
24 | the Panel has been successful, on the merits or otherwise, in | ||||||
25 | the defense of any such action, suit, or proceeding referred to | ||||||
26 | in this subsection (b) or in defense of any claim, issue, or |
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1 | matter therein, he or she shall be indemnified against | ||||||
2 | expenses, including attorney's fees, actually and reasonably | ||||||
3 | incurred by him or her in connection therewith. Any such | ||||||
4 | indemnification shall be made by the Panel only as authorized | ||||||
5 | in the specific case, upon a determination that indemnification | ||||||
6 | of the member, officer, employee, or agent is proper in the | ||||||
7 | circumstances because he or she has met the applicable standard | ||||||
8 | of conduct. The determination shall be made (i) by the Panel by | ||||||
9 | a majority vote of a quorum consisting of members who are not | ||||||
10 | parties to the action, suit, or proceeding or (ii) if such a | ||||||
11 | quorum is not obtainable or, even if obtainable, a quorum of | ||||||
12 | disinterested members so directs, by independent legal counsel | ||||||
13 | in a written opinion. | ||||||
14 | Reasonable expenses incurred in defending an action, suit, | ||||||
15 | or proceeding shall be paid by the Panel in advance of the | ||||||
16 | final disposition of the action, suit, or proceeding, as | ||||||
17 | authorized by the Panel in the specific case, upon receipt of | ||||||
18 | an undertaking by or on behalf of the member, officer, | ||||||
19 | employee, or agent to repay the amount, unless it is ultimately | ||||||
20 | determined that he or she is entitled to be indemnified by the | ||||||
21 | Panel as authorized in this Section. | ||||||
22 | Any member, officer, employee, or agent against whom any | ||||||
23 | action, suit, or proceeding is brought may employ his or her | ||||||
24 | own attorney to appear on his or her behalf. | ||||||
25 | The right to indemnification accorded by this Section shall | ||||||
26 | not limit any other right to indemnification to which the |
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1 | member, officer, employee, or agent may be entitled. Any rights | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | under this Section shall inure to the benefit of the heirs, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | executors, and administrators of any member, officer, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | employee, or agent of the Panel. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | The Panel may purchase and maintain insurance on behalf of | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | any person who is or was a member, officer, employee, or agent | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | of the Panel against any liability asserted against him or her | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | and incurred by him or her in any such capacity or arising out | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | of his or her status as such, whether or not the Panel would | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | have the power to indemnify him or her against liability under | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | the provisions of this Section. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | The Panel shall be considered a State agency for purposes | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | of receiving representation by the Attorney General. Members, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | officers, employees, and agents of the Panel shall be entitled | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | to representation and indemnification under the State Employee | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | Indemnification Act.
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17 | Section 99. Effective date. This Act takes effect July 1, | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | 2011.
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