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1 | | (a) Alternate bonds shall be issued for a lawful
corporate |
2 | | purpose. If issued in lieu of revenue bonds, alternate bonds
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3 | | shall be issued for the purposes for which such revenue bonds |
4 | | shall have
been authorized. If issued payable from a revenue |
5 | | source in the manner
hereinafter provided, which revenue source |
6 | | is limited in its purposes or
applications, then the alternate |
7 | | bonds shall be issued only for such
limited purposes or |
8 | | applications. Alternate bonds may be issued payable
from either |
9 | | enterprise revenues or revenue sources, or both.
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10 | | (b) Alternate bonds shall be subject to backdoor |
11 | | referendum. The
provisions of Section 5 of this Act shall apply |
12 | | to such backdoor
referendum, together with the provisions |
13 | | hereof. The authorizing ordinance
shall be published in a |
14 | | newspaper of general circulation in the
governmental unit. |
15 | | Along with or as part of the authorizing ordinance,
there shall |
16 | | be published a notice of (1) the specific number of voters
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17 | | required to sign a petition requesting that the issuance of the |
18 | | alternate
bonds be submitted to referendum, (2) the time when |
19 | | such petition must
be filed, (3) the date of the prospective |
20 | | referendum, and
(4), with respect to authorizing ordinances |
21 | | adopted on or after January 1,
1991, a statement that |
22 | | identifies any revenue source that will be used to
pay debt |
23 | | service on the alternate bonds.
The clerk or
secretary of the |
24 | | governmental unit shall make a petition form available to
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25 | | anyone requesting one. If no petition is filed with the clerk |
26 | | or secretary
within 30 days of publication of the authorizing |
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1 | | ordinance and notice, the
alternate bonds shall be authorized |
2 | | to be issued. But if within this 30
days period, a petition is |
3 | | filed with such clerk or secretary signed by
electors numbering |
4 | | the greater of (i) 7.5% of the registered
voters in the |
5 | | governmental unit or (ii) 200 of those registered voters or
15% |
6 | | of those registered voters, whichever is less,
asking that the |
7 | | issuance of such alternate bonds be submitted to
referendum, |
8 | | the clerk or secretary shall certify such question for
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9 | | submission at an election held in accordance with the general |
10 | | election law.
The question on the ballot shall include a |
11 | | statement of any
revenue source that will be used to pay debt |
12 | | service on
the alternate bonds. The alternate bonds shall be |
13 | | authorized to be issued
if a majority of the votes cast on the |
14 | | question at such election are in
favor thereof
provided that |
15 | | notice of the bond referendum, if held before July 1, 1999,
has |
16 | | been given in accordance with the provisions of Section
12-5
of |
17 | | the Election Code
in effect at the time of the bond referendum, |
18 | | at least 10 and not more than
45 days before the date of
the |
19 | | election, notwithstanding the time for publication otherwise |
20 | | imposed by
Section 12-5.
Notices required in connection with |
21 | | the submission of public questions
on or after July 1, 1999 |
22 | | shall be as set forth in Section 12-5 of the Election
Code.
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23 | | Backdoor referendum proceedings for bonds and alternate
bonds |
24 | | to be issued in lieu of such bonds may be conducted at the same |
25 | | time.
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26 | | (c) To the extent payable from enterprise revenues, such |
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1 | | revenues shall
have been determined by the governing body to be |
2 | | sufficient to provide for
or pay in each year to final maturity |
3 | | of such alternate bonds all of the
following: (1) costs of |
4 | | operation and maintenance of the utility or
enterprise, but not |
5 | | including depreciation, (2) debt service on all
outstanding |
6 | | revenue bonds payable from such enterprise revenues, (3) all
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7 | | amounts required to meet any fund or account requirements with |
8 | | respect to
such outstanding revenue bonds, (4) other |
9 | | contractual or tort liability
obligations, if any, payable from |
10 | | such enterprise revenues, and (5) in each
year, an amount not |
11 | | less than 1.25 times debt service of all (i) alternate
bonds |
12 | | payable from such enterprise revenues previously issued and
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13 | | outstanding and (ii) alternate bonds proposed to be issued.
To |
14 | | the extent
payable from one or more revenue sources, such |
15 | | sources shall have been
determined by the governing body to |
16 | | provide in each year, an amount not
less than 1.25 times debt |
17 | | service of all alternate bonds payable from such
revenue |
18 | | sources previously issued and outstanding and alternate bonds
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19 | | proposed to be issued.
The 1.25 figure in the preceding |
20 | | sentence shall be reduced to 1.10 if the
revenue source is a |
21 | | governmental revenue source.
The conditions enumerated in this |
22 | | subsection (c)
need not be met for that amount of debt service |
23 | | provided for by the setting
aside of proceeds of bonds or other |
24 | | moneys at the time of the delivery of
such bonds. |
25 | | Notwithstanding any other provision of this Section, a backdoor |
26 | | referendum is not required if the proceeds backing the debt are |
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1 | | realized from revenues obtained from the County School Facility |
2 | | Occupation Tax Law under Section 5-1006.7 of the Counties Code.
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3 | | (c-1) In the case of alternate bonds issued as variable |
4 | | rate bonds
(including
refunding bonds), debt service shall be |
5 | | projected based on the rate for the
most recent
date shown in |
6 | | the 20 G.O. Bond Index of average municipal bond yields as
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7 | | published in
the most recent edition of The Bond Buyer |
8 | | published in New York, New York (or
any
successor publication |
9 | | or index, or if such publication or index is no longer
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10 | | published,
then any index of long-term municipal tax-exempt |
11 | | bond yields selected by the
governmental unit), as of the date |
12 | | of determination referred to in subsection (c) of this
Section. |
13 | | Any interest or fees that may be payable to the provider of a |
14 | | letter of credit, line
of credit, surety bond, bond insurance, |
15 | | or other credit enhancement relating to such
alternate bonds |
16 | | and any fees that may be payable to any remarketing agent need |
17 | | not be
taken into account for purposes of such projection. If |
18 | | the governmental unit enters into
an agreement in connection |
19 | | with such alternate bonds at the time of issuance
thereof
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20 | | pursuant to which the governmental unit agrees for a specified |
21 | | period of time
to pay an
amount calculated at an agreed-upon |
22 | | rate or index based on a notional amount
and the other party |
23 | | agrees to pay the governmental unit an amount calculated at
an |
24 | | agreed-upon rate or index based on such notional amount, |
25 | | interest
shall be projected for such specified period of time |
26 | | on the basis of the
agreed-upon rate
payable by the |
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1 | | governmental unit.
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2 | | (d) The determination of the sufficiency of enterprise |
3 | | revenues or a
revenue source, as applicable, shall be supported |
4 | | by reference to the most
recent audit of the governmental unit, |
5 | | which shall be for a fiscal year
ending not earlier than 18 |
6 | | months previous to the time of issuance of the
alternate bonds. |
7 | | If such audit does not adequately show such enterprise
revenues |
8 | | or revenue source, as applicable, or if such enterprise |
9 | | revenues
or revenue source, as applicable, are shown to be |
10 | | insufficient, then the
determination of sufficiency shall be |
11 | | supported by the report of an
independent accountant or |
12 | | feasibility analyst, the latter having a national
reputation
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13 | | for expertise in such matters, demonstrating the sufficiency of |
14 | | such
revenues and explaining, if appropriate, by what means the |
15 | | revenues will be
greater than as shown in the audit. Whenever |
16 | | such sufficiency is
demonstrated by reference to a schedule of |
17 | | higher rates or charges for
enterprise revenues or a higher tax |
18 | | imposition for a revenue source, such
higher rates, charges or |
19 | | taxes shall have been properly imposed by an
ordinance adopted |
20 | | prior to the time of delivery of alternate bonds. The
reference |
21 | | to and acceptance of an audit or report, as the case may be, |
22 | | and
the determination of the governing body as to sufficiency |
23 | | of enterprise
revenues or a revenue source shall be conclusive |
24 | | evidence that the
conditions of this Section have been met and |
25 | | that the alternate bonds
are valid.
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26 | | (e) The enterprise revenues or revenue source, as |
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1 | | applicable, shall be
in fact pledged to the payment of the |
2 | | alternate bonds; and the governing
body shall covenant, to the |
3 | | extent it is empowered to do so, to provide
for, collect and |
4 | | apply such enterprise revenues or revenue source, as
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5 | | applicable, to the payment of the alternate bonds and the |
6 | | provision of
not less than an additional .25 (or .10 for |
7 | | governmental revenue sources)
times debt service. The pledge |
8 | | and
establishment of rates or charges for enterprise revenues, |
9 | | or the
imposition of taxes in a given rate or amount, as |
10 | | provided in this Section
for alternate bonds, shall constitute |
11 | | a continuing obligation of the
governmental unit with respect |
12 | | to such establishment or imposition and a
continuing |
13 | | appropriation of the amounts received. All covenants relating
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14 | | to alternate bonds and the conditions and obligations imposed |
15 | | by this
Section are enforceable by any bondholder of alternate |
16 | | bonds affected, any
taxpayer of the governmental unit, and the |
17 | | People of the State of Illinois
acting through the Attorney |
18 | | General or any designee, and in the event that
any such action |
19 | | results in an order finding that the governmental unit has
not |
20 | | properly set rates or charges or imposed taxes to the extent it |
21 | | is
empowered to do so or collected and applied enterprise |
22 | | revenues or any
revenue source, as applicable, as required by |
23 | | this Act, the plaintiff in
any such action shall be awarded |
24 | | reasonable attorney's fees. The intent is
that such enterprise |
25 | | revenues or revenue source, as applicable, shall be
sufficient |
26 | | and shall be applied to the payment of debt service on such
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1 | | alternate bonds so that taxes need not be levied, or if levied |
2 | | need not be
extended, for such payment. Nothing in this Section |
3 | | shall inhibit or
restrict the authority of a governing body to |
4 | | determine the lien priority
of any bonds, including alternate |
5 | | bonds, which may be issued with respect
to any enterprise |
6 | | revenues or revenue source.
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7 | | In the event that alternate bonds shall have been issued |
8 | | and taxes, other
than a designated revenue source, shall have |
9 | | been extended pursuant to the
general obligation, full faith |
10 | | and credit promise supporting such alternate
bonds, then the |
11 | | amount of such alternate bonds then outstanding shall be
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12 | | included in the computation of indebtedness of the governmental |
13 | | unit for
purposes of all statutory provisions or limitations |
14 | | until such time as an
audit of the governmental unit shall show |
15 | | that the alternate bonds have
been paid from the enterprise |
16 | | revenues or revenue source, as applicable,
pledged thereto for |
17 | | a complete fiscal year.
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18 | | Alternate bonds may be issued to refund or advance refund |
19 | | alternate bonds
without meeting any of the conditions set forth |
20 | | in this Section, except
that the term of the refunding bonds |
21 | | shall not be longer than the term of
the refunded bonds and |
22 | | that the debt service payable in any year on the
refunding |
23 | | bonds shall not exceed the debt service payable in such year on
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24 | | the refunded bonds.
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25 | | Once issued, alternate bonds shall be and forever remain |
26 | | until paid or
defeased the general obligation of the |
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1 | | governmental unit, for the payment
of which its full faith and |
2 | | credit are pledged, and shall be payable from
the levy of taxes |
3 | | as is provided in this Act for general obligation bonds.
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4 | | The changes made by this amendatory Act of 1990 do not |
5 | | affect the
validity of bonds authorized before September 1, |
6 | | 1990.
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7 | | (Source: P.A. 95-675, eff. 10-11-07.)
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8 | | Section 10. The Counties Code is amended by changing |
9 | | Section 5-1006.7 as follows:
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10 | | (55 ILCS 5/5-1006.7) |
11 | | Sec. 5-1006.7. School facility occupation taxes. |
12 | | (a) In The county board of any county , may impose a tax |
13 | | shall be imposed upon all persons engaged in the business of |
14 | | selling tangible personal property, other than personal |
15 | | property titled or registered with an agency of this State's |
16 | | government, at retail in the county on the gross receipts from |
17 | | the sales made in the course of business to provide revenue to |
18 | | be used exclusively for school facility purposes if a |
19 | | proposition for the tax has been submitted to the electors of |
20 | | that county and approved by a majority of those voting on the |
21 | | question as provided in subsection (c). The tax under this |
22 | | Section shall may be imposed only in one-quarter percent |
23 | | increments and may not exceed 1%. |
24 | | This additional tax may not be imposed on the sale of food |
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1 | | for human consumption that is to be consumed off the premises |
2 | | where it is sold (other than alcoholic beverages, soft drinks, |
3 | | and food that has been prepared for immediate consumption) and |
4 | | prescription and non-prescription medicines, drugs, medical |
5 | | appliances and insulin, urine testing materials, syringes and |
6 | | needles used by diabetics.
The Department of Revenue has full |
7 | | power to administer and enforce this subsection, to collect all |
8 | | taxes and penalties due under this subsection, to dispose of |
9 | | taxes and penalties so collected in the manner provided in this |
10 | | subsection, and to determine all rights to credit memoranda |
11 | | arising on account of the erroneous payment of a tax or penalty |
12 | | under this subsection. The Department shall deposit all taxes |
13 | | and penalties collected under this subsection into a special |
14 | | fund created for that purpose. |
15 | | In the administration of and compliance with this |
16 | | subsection, the Department and persons who are subject to this |
17 | | subsection (i) have the same rights, remedies, privileges, |
18 | | immunities, powers, and duties, (ii) are subject to the same |
19 | | conditions, restrictions, limitations, penalties, and |
20 | | definitions of terms, and (iii) shall employ the same modes of |
21 | | procedure as are set forth in Sections 1 through 1o, 2 through |
22 | | 2-70 (in respect to all provisions contained in those Sections |
23 | | other than the State rate of tax), 2a through 2h, 3 (except as |
24 | | to the disposition of taxes and penalties collected), 4, 5, 5a, |
25 | | 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, |
26 | | 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act |
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1 | | and all provisions of the Uniform Penalty and Interest Act as |
2 | | if those provisions were set forth in this subsection. |
3 | | The certificate of registration that is issued by the |
4 | | Department to a retailer under the Retailers' Occupation Tax |
5 | | Act permits the retailer to engage in a business that is |
6 | | taxable without registering separately with the Department |
7 | | under an ordinance or resolution under this subsection. |
8 | | Persons subject to any tax imposed under the authority |
9 | | granted in this subsection may reimburse themselves for their |
10 | | seller's tax liability by separately stating that tax as an |
11 | | additional charge, which may be stated in combination, in a |
12 | | single amount, with State tax that sellers are required to |
13 | | collect under the Use Tax Act, pursuant to any bracketed |
14 | | schedules set forth by the Department. |
15 | | (b) If a tax has been imposed under subsection (a), then a |
16 | | service occupation tax must also be imposed at the same rate |
17 | | upon all persons engaged, in the county, in the business of |
18 | | making sales of service, who, as an incident to making those |
19 | | sales of service, transfer tangible personal property within |
20 | | the county as an incident to a sale of service. |
21 | | This tax may not be imposed on sales of food for human |
22 | | consumption that is to be consumed off the premises where it is |
23 | | sold (other than alcoholic beverages, soft drinks, and food |
24 | | prepared for immediate consumption) and prescription and |
25 | | non-prescription medicines, drugs, medical appliances and |
26 | | insulin, urine testing materials, syringes, and needles used by |
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1 | | diabetics. |
2 | | The tax imposed under this subsection and all civil |
3 | | penalties that may be assessed as an incident thereof shall be |
4 | | collected and enforced by the Department and deposited into a |
5 | | special fund created for that purpose. The Department has full |
6 | | power to administer and enforce this subsection, to collect all |
7 | | taxes and penalties due under this subsection, to dispose of |
8 | | taxes and penalties so collected in the manner provided in this |
9 | | subsection, and to determine all rights to credit memoranda |
10 | | arising on account of the erroneous payment of a tax or penalty |
11 | | under this subsection. |
12 | | In the administration of and compliance with this |
13 | | subsection, the Department and persons who are subject to this |
14 | | subsection shall (i) have the same rights, remedies, |
15 | | privileges, immunities, powers and duties, (ii) be subject to |
16 | | the same conditions, restrictions, limitations, penalties and |
17 | | definition of terms, and (iii) employ the same modes of |
18 | | procedure as are set forth in Sections 2 (except that that |
19 | | reference to State in the definition of supplier maintaining a |
20 | | place of business in this State means the county), 2a through |
21 | | 2d, 3 through 3-50 (in respect to all provisions contained in |
22 | | those Sections other than the State rate of tax), 4 (except |
23 | | that the reference to the State shall be to the county), 5, 7, |
24 | | 8 (except that the jurisdiction to which the tax is a debt to |
25 | | the extent indicated in that Section 8 is the county), 9 |
26 | | (except as to the disposition of taxes and penalties |
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1 | | collected), 10, 11, 12 (except the reference therein to Section |
2 | | 2b of the Retailers' Occupation Tax Act), 13 (except that any |
3 | | reference to the State means the county), Section 15, 16, 17, |
4 | | 18, 19, and 20 of the Service Occupation Tax Act and all |
5 | | provisions of the Uniform Penalty and Interest Act, as fully as |
6 | | if those provisions were set forth herein. |
7 | | Persons subject to any tax imposed under the authority |
8 | | granted in this subsection may reimburse themselves for their |
9 | | serviceman's tax liability by separately stating the tax as an |
10 | | additional charge, which may be stated in combination, in a |
11 | | single amount, with State tax that servicemen are authorized to |
12 | | collect under the Service Use Tax Act, pursuant to any |
13 | | bracketed schedules set forth by the Department. |
14 | | (c) The tax under this Section may not be imposed until , by |
15 | | ordinance or resolution of the county board, the question of |
16 | | imposing the tax has been submitted to the electors of the |
17 | | county at a regular election and approved by a majority of the |
18 | | electors voting on the question. For all regular elections held |
19 | | prior to the effective date of this amendatory Act of the 97th |
20 | | General Assembly, upon Upon a resolution by the county board or |
21 | | a resolution by school district boards that represent at least |
22 | | 51% of the student enrollment within the county, the county |
23 | | board must certify the question to the proper election |
24 | | authority in accordance with the Election Code. |
25 | | For all regular elections held prior to the effective date |
26 | | of this amendatory Act of the 97th General Assembly, the The |
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1 | | election authority must submit the question in substantially |
2 | | the following form: |
3 | | Shall (name of county) be authorized to impose a |
4 | | retailers' occupation tax and a service occupation tax |
5 | | (commonly referred to as a "sales tax") at a rate of |
6 | | (insert rate) to be used exclusively for school facility |
7 | | purposes? |
8 | | The election authority must record the votes as "Yes" or "No". |
9 | | If a majority of the electors voting on the question vote |
10 | | in the affirmative, then the county may, thereafter, impose the |
11 | | tax. |
12 | | For all regular elections held on or after the effective |
13 | | date of this amendatory Act of the 97th General Assembly, the |
14 | | regional superintendent of schools for the county must, upon |
15 | | receipt of a resolution or resolutions of school district |
16 | | boards that represent more than 50% of the student enrollment |
17 | | within the county, certify the question to the proper election |
18 | | authority for submission to the electors of the county at the |
19 | | next regular election at which the question lawfully may be |
20 | | submitted to the electors, all in accordance with the Election |
21 | | Code. |
22 | | For all regular elections held on or after the effective |
23 | | date of this amendatory Act of the 97th General Assembly, the |
24 | | election authority must submit the question in substantially |
25 | | the following form: |
26 | | Shall a retailers' occupation tax and a service |
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1 | | occupation tax (commonly referred to as a "sales tax") be |
2 | | imposed in (name of county) at a rate of (insert rate) to |
3 | | be used exclusively for school facility purposes? |
4 | | The election authority must record the votes as "Yes" or "No". |
5 | | If a majority of the electors voting on the question vote |
6 | | in the affirmative, then the tax shall be imposed at the rate |
7 | | set forth in the question. |
8 | | For the purposes of this subsection (c), "enrollment" means |
9 | | the head count of the students residing in the county on the |
10 | | last school day of September of each year, which must be |
11 | | reported on the Illinois State Board of Education Public School |
12 | | Fall Enrollment/Housing Report.
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13 | | (d) The Department shall immediately pay over to the State |
14 | | Treasurer, ex officio, as trustee, all taxes and penalties |
15 | | collected under this Section to be deposited into the School |
16 | | Facility Occupation Tax Fund, which shall be an unappropriated |
17 | | trust fund held outside the State treasury. |
18 | | On or before the 25th day of each calendar month, the |
19 | | Department shall prepare and certify to the Comptroller the |
20 | | disbursement of stated sums of money to the regional |
21 | | superintendents of schools in counties from which retailers or |
22 | | servicemen have paid taxes or penalties to the Department |
23 | | during the second preceding calendar month. The amount to be |
24 | | paid to each regional superintendent of schools and disbursed |
25 | | to him or her in accordance with 3-14.31 of the School Code, is |
26 | | equal to the amount (not including credit memoranda) collected |
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1 | | from the county under this Section during the second preceding |
2 | | calendar month by the Department, (i) less 2% of that amount, |
3 | | which shall be deposited into the Tax Compliance and |
4 | | Administration Fund and shall be used by the Department, |
5 | | subject to appropriation, to cover the costs of the Department |
6 | | in administering and enforcing the provisions of this Section, |
7 | | on behalf of the county, (ii) plus an amount that the |
8 | | Department determines is necessary to offset any amounts that |
9 | | were erroneously paid to a different taxing body; (iii) less an |
10 | | amount equal to the amount of refunds made during the second |
11 | | preceding calendar month by the Department on behalf of the |
12 | | county; and (iv) less any amount that the Department determines |
13 | | is necessary to offset any amounts that were payable to a |
14 | | different taxing body but were erroneously paid to the county. |
15 | | When certifying the amount of a monthly disbursement to a |
16 | | regional superintendent of schools under this Section, the |
17 | | Department shall increase or decrease the amounts by an amount |
18 | | necessary to offset any miscalculation of previous |
19 | | disbursements within the previous 6 months from the time a |
20 | | miscalculation is discovered. |
21 | | Within 10 days after receipt by the Comptroller from the |
22 | | Department of the disbursement certification to the regional |
23 | | superintendents of the schools provided for in this Section, |
24 | | the Comptroller shall cause the orders to be drawn for the |
25 | | respective amounts in accordance with directions contained in |
26 | | the certification. |
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1 | | If the Department determines that a refund should be made |
2 | | under this Section to a claimant instead of issuing a credit |
3 | | memorandum, then the Department shall notify the Comptroller, |
4 | | who shall cause the order to be drawn for the amount specified |
5 | | and to the person named in the notification from the |
6 | | Department. The refund shall be paid by the Treasurer out of |
7 | | the School Facility Occupation Tax Fund.
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8 | | (e) For the purposes of determining the local governmental |
9 | | unit whose tax is applicable, a retail sale by a producer of |
10 | | coal or another mineral mined in Illinois is a sale at retail |
11 | | at the place where the coal or other mineral mined in Illinois |
12 | | is extracted from the earth. This subsection does not apply to |
13 | | coal or another mineral when it is delivered or shipped by the |
14 | | seller to the purchaser at a point outside Illinois so that the |
15 | | sale is exempt under the United States Constitution as a sale |
16 | | in interstate or foreign commerce. |
17 | | (f) Nothing in this Section may be construed to authorize a |
18 | | county board to impose a tax to be imposed upon the privilege |
19 | | of engaging in any business that under the Constitution of the |
20 | | United States may not be made the subject of taxation by this |
21 | | State. |
22 | | (g) If a county board imposes a tax under this Section |
23 | | pursuant to a referendum held before the effective date of this |
24 | | amendatory Act of the 97th General Assembly at a rate below the |
25 | | rate set forth in the question approved by a majority of |
26 | | electors of that county voting on the question as provided in |
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1 | | subsection (c), then the county board may, by ordinance, |
2 | | increase the rate of the tax up to the rate set forth in the |
3 | | question approved by a majority of electors of that county |
4 | | voting on the question as provided in subsection (c). If a |
5 | | county board imposes a tax under this Section pursuant to a |
6 | | referendum held before the effective date of this amendatory |
7 | | Act of the 97th General Assembly , then the board may, by |
8 | | ordinance, discontinue or reduce the rate of the tax. If a tax |
9 | | is imposed under this Section pursuant to a referendum held on |
10 | | or after the effective date of this amendatory Act of the 97th |
11 | | General Assembly, then the county board may reduce or |
12 | | discontinue the tax, but only in accordance with subsection |
13 | | (h-5) of this Section. If, however, a school board issues bonds |
14 | | that are secured backed by the proceeds of the tax under this |
15 | | Section, then the county board may not reduce the tax rate or |
16 | | discontinue the tax if that rate reduction or discontinuance |
17 | | would adversely affect inhibit the school board's ability to |
18 | | pay the principal and interest on those bonds as they become |
19 | | due or necessitate the extension of additional property taxes |
20 | | to pay the principal and interest on those bonds . If the county |
21 | | board reduces the tax rate or discontinues the tax, then a |
22 | | referendum must be held in accordance with subsection (c) of |
23 | | this Section in order to increase the rate of the tax or to |
24 | | reimpose the discontinued tax. |
25 | | The results of any election that imposes, reduces, or |
26 | | discontinues authorizes a proposition to impose a tax under |
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1 | | this Section must be certified by the election authority, and |
2 | | or to change the rate of the tax along with an ordinance |
3 | | imposing the tax, or any ordinance that increases or lowers the |
4 | | rate or discontinues the tax , must be certified by the county |
5 | | clerk and , in each case, filed with the Illinois Department of |
6 | | Revenue either (i) on or before the first day of April, |
7 | | whereupon the Department shall proceed to administer and |
8 | | enforce the tax or change in the rate as of the first day of |
9 | | July next following the filing; or (ii) on or before the first |
10 | | day of October, whereupon the Department shall proceed to |
11 | | administer and enforce the tax or change in the rate as of the |
12 | | first day of January next following the filing. |
13 | | (h) For purposes of this Section, "school facility |
14 | | purposes" means (i) the acquisition, development, |
15 | | construction, reconstruction, rehabilitation, improvement, |
16 | | financing, architectural planning, and installation of capital |
17 | | facilities consisting of buildings, structures, and durable |
18 | | equipment and for the acquisition and improvement of real |
19 | | property and interest in real property required, or expected to |
20 | | be required, in connection with the capital facilities and (ii) |
21 | | the payment of bonds or other obligations heretofore or |
22 | | hereafter issued, including bonds or other obligations |
23 | | heretofore or hereafter issued to refund or to continue to |
24 | | refund bonds or other obligations issued, for school facility |
25 | | purposes, provided that the taxes levied to pay those bonds are |
26 | | abated by the amount of the taxes imposed under this Section |
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1 | | that are used to pay those bonds . "School-facility purposes" |
2 | | also includes fire prevention, safety, energy conservation, |
3 | | disabled accessibility, school security, and specified repair |
4 | | purposes set forth under Section 17-2.11 of the School Code. |
5 | | (h-5) A county board in a county where a tax has been |
6 | | imposed under this Section pursuant to a referendum held on or |
7 | | after the effective date of this amendatory Act of the 97th |
8 | | General Assembly may, by ordinance or resolution, submit to the |
9 | | voters of the county the question of reducing or discontinuing |
10 | | the tax. In the ordinance or resolution, the county board shall |
11 | | certify the question to the proper election authority in |
12 | | accordance with the Election Code. The election authority must |
13 | | submit the question in substantially the following form: |
14 | | Shall the school facility retailers' occupation tax |
15 | | and service occupation tax (commonly referred to as the |
16 | | "school facility sales tax") currently imposed in (name of |
17 | | county) at a rate of (insert rate) be (reduced to (insert |
18 | | rate))(discontinued)? |
19 | | If a majority of the electors voting on the question vote in |
20 | | the affirmative, then, subject to the provisions of subsection |
21 | | (g) of this Section, the tax shall be reduced or discontinued |
22 | | as set forth in the question. |
23 | | (i) This Section does not apply to Cook County. |
24 | | (j) This Section may be cited as the County School Facility |
25 | | Occupation Tax Law.
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26 | | (Source: P.A. 95-675, eff. 10-11-07.)
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1 | | Section 15. The School Code is amended by changing Section |
2 | | 10-22.36 as follows:
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3 | | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
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4 | | Sec. 10-22.36. Buildings for school purposes. To build or |
5 | | purchase a building for school classroom or
instructional |
6 | | purposes upon the approval of a majority of the voters upon the
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7 | | proposition at a referendum held for such purpose or in |
8 | | accordance with
Section 17-2.11, 19-3.5, or 19-3.10. The board |
9 | | may initiate such referendum by resolution.
The board shall |
10 | | certify the resolution and proposition to the proper
election |
11 | | authority for submission in accordance with the general |
12 | | election law.
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13 | | The questions of building one or more new buildings for |
14 | | school
purposes or office facilities, and issuing bonds for the |
15 | | purpose of
borrowing money to purchase one or more buildings or |
16 | | sites for such
buildings or office sites, to build one or more |
17 | | new buildings for school
purposes or office facilities or to |
18 | | make additions and improvements to
existing school buildings, |
19 | | may be combined into one or more propositions
on the ballot.
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20 | | Before erecting, or purchasing or remodeling such a |
21 | | building the
board shall submit the plans and specifications |
22 | | respecting heating,
ventilating, lighting, seating, water |
23 | | supply, toilets and safety against
fire to the regional |
24 | | superintendent of schools having supervision and
control over |
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1 | | the district, for approval in accordance with Section 2-3.12.
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2 | | Notwithstanding any of the foregoing, no referendum shall |
3 | | be required
if the purchase, construction, or building of any
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4 | | such
building is completed (1) occurs while the building is |
5 | | being
leased by the school district or (2) is paid with with |
6 | | the expenditure of (A) funds
derived from the sale or |
7 | | disposition of other buildings, land, or
structures of the |
8 | | school district or (B) funds received (i) as a
grant under the
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9 | | School Construction Law , or (ii) as gifts or donations,
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10 | | provided that no funds to purchase, construct, or build |
11 | | complete such building, other than lease
payments, are
derived |
12 | | from the district's bonded indebtedness or the tax levy of
the
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13 | | district , or (iii) from the County School Facility Occupation |
14 | | Tax Law under Section 5-1006.7 of the Counties Code . |
15 | | Notwithstanding any of the foregoing, no referendum shall |
16 | | be required if the purchase, construction, or building of any |
17 | | such building is paid with funds received from the County |
18 | | School Facility Occupation Tax Law under Section 5-1006.7 of |
19 | | the Counties Code or from the proceeds of bonds or other debt |
20 | | obligations secured by revenues obtained from that Law.
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21 | | (Source: P.A. 95-675, eff. 10-11-07; 96-517, eff. 8-14-09.)
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