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105 ILCS 5/17-2.11(105 ILCS 5/17-2.11) (from chap. 122, para. 17-2.11)
Sek. 17-2.11.The school board has the power to levy a tax or borrow money and issue bonds for fire safety, security, energy conservation, accessibility, school security, and certain repair purposes.
(a) Whenever, pursuant to a lawful order of a public authority other than a school board, has power to enforce a school building code applicable to a facility in which students are housed or any law or regulation relating to the protection and safety of the environment pursuant to the Environmental Protection Act requires every school district with a population of less than 500,000 to alter or reconstruct school buildings or permanent fixtures; The District may, by proper resolution, impose a tax on all taxable property of the District, for the purpose of effecting such alteration or reconstruction, on the basis of a survey report by an architect or engineer licensed in that state, at the value determined by the Department of Treasury and at a rate of no more than 0.05% per annum for a period sufficient to fund such modification or reconstruction, subject to the following conditions:
(1) When insufficient funds are available
| | the school district operations and maintenance fund, the district school facility occupancy tax fund, or the district fire and safety fund, as determined by the district based on rules adopted by the State Board of Education, to make any such alterations or reconstructions or assign such permanent, fixed devices purchase and install which have been ordered or specified as required. District records must be made available to the State Superintendent of Education upon request to confirm this inadequacy.
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| (2) If a certified cost estimate from an architect or similar
| | A licensed engineer in that state providing the estimated amount required to complete the modification or reconstruction or to purchase and install the equipment ordered has been secured by the school district and the estimate has been approved by the regional school principal responsible for district and the state minister of education. No approval shall be given for any work already commenced without the express prior approval of the State Superintendent of Education. If the estimate is not approved or if approval is denied by the regional school principal within three months of the date it is presented to it, the district school board may submit the estimate directly to the state school principal for approval or denial.
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| In the event of an emergency situation where the estimated cost of conducting emergency repairs is less than the amount specified in Section 10-20.21 of this Code, the school district may proceed with such repairs prior to approval by the State Superintendent of Education, but must do so as soon as comply with the provisions of subsection (2) of this subsection (a) and section 10-20.21 of this Code as far as possible. If the estimated cost of completing emergency repairs is greater than the amount specified in Section 10-20.21 of this Code, the school district must address such situations in accordance with Section 10-20.21 of this Code and the rules established by the State Board of Education. The rules issued by the state board of education to deal with these situations state that emergencies must be expedited and given priority. For the purposes of this paragraph, an emergency is a situation that poses an imminent and continuing threat to the health and safety of students or other occupants of an establishment, that requires the complete or partial evacuation of a building or part of a building, or that destroys one or more people more than the five emergency days provided for in the school(s) adopted calendar, or such school(s) would otherwise be expected to fail to meet the minimum requirements of the school calendar.
(b) Whenever such district determines that, for reasons of energy conservation, it is necessary that any school building or permanent fixed equipment should be altered or remodeled and that such alterations or reconstruction be carried out with funds not available to the completion of the approved and recommended projects contained therein are required safety investigation report or amendments thereto approved under Section 2-3.12 of this Act; The district may levy a tax or issue bonds as provided in subsection (a) of this section.
(c) Whenever such district determines that, for reasons of accessibility and to comply with school building regulations, it is necessary that a school building or school equipment should be altered or remodeled and that such alterations or reconstruction will be carried out by means not available to the Completion of Approved and Recommended Works Required Projects included in a safety investigation report or amendments thereto approved under Section 2-3.12 of this Act, the district may levy a tax or issue bonds as provided in subsection (a) of this section.
(d) Whenever such district determines that the safety of the school and the related safety and security of students and school staff require that any school building or property should be altered or remodeled, or that security systems and equipment (including, but not limited to intercom, early detection, etc.) warning, access control and television surveillance systems) should be purchased and installed and that such alterations, conversions or the purchase and installation of equipment be carried out by means not available for completion of approved and recommended projects contained in a security clearance report or any amendment thereto approved under Section 2 -3.12 of this Act and will deter and prevent trespassing or trespassing or activities on school property by unknown or dangerous persons, early detection and Provide advance warning of any such actual or attempted trespassing or unauthorized activity and help to continue to ensure the safety of students and school staff in the event of trespassing or trespassing on school premises. An attempted entry or activity is attempted or occurs; the district may levy a tax or issue bonds as provided in subsection (a) of this section.
If such a school district determines that there is a need to hire a school resource officer for reasons of school safety and related safety and security of students and school staff, or that personnel costs for school counselors, mental health professionals, or school resource officers are necessary and the district determines that it does not require funds for any of the other purposes set forth in this section, the district may levy a tax or issue bonds as provided in subsection (a).
(e) When a school district does not require funding for other fire safety and security projects, including the completion of approved and recommended projects included in a safety review report or changes thereto approved under Section 2-3.12 of this Act, and this is done after a public inquiry determined hearing (preceded by at least one publication appearing (i) in a major circulation newspaper in the school district at least seven days prior to the hearing and (ii) indicating the time, date, location and general subject matter of the hearing) that a significant, immediate and there is otherwise an unavoidable risk to the health, safety or welfare of students due to the deterioration of any sidewalk, playground, parking lot or school bus stop and that repairs need to be made; then the district may levy a tax or issue bonds as provided in subsection (a) of this section.
(f) For purposes of this section, a school district may replace a school building or build additions to replace portions of a building if it determines that the existing building will cost more to implement the recommendations than the cost of replacement. This determination must be based on a comparison of estimated costs conducted by an Illinois licensed architect or engineer. The new building or extension must be of equivalent area (square feet) and be comparable in purpose and quality and may be on the same or different site. Such an exchange may only take place by order of the regional headmaster and with the approval of the state headmaster.
(g) The filing of a certified copy of the order levying the tax, along with certifications from the regional school superintendent and the state school superintendent, is subject to the county clerk's authority to collect such tax.
(h) The district clerk of the district in which there is a school district that levies a tax under the jurisdiction of this Section shall not, in reducing the levy collected, consider such tax as part of, nor include it in, the general school levy the limitation of another tax rate that can be extended.
This tax will be levied and collected in the same manner as all other school district taxes, subject to the provisions of this section.
(i) The tax rate limit set forth in this section may be increased to 0.10% if a proposal to implement such an increase is approved by a majority of electors voting on the proposal in a regular scheduled election. Such a proposal may be initiated by resolution of the school board and must be authenticated by the secretary of the competent electoral authority for submission under the general electoral law.
(j) If taxes are collected by a school district for fire safety, safety, energy conservation, and school safety purposes under this section and the purposes for which the taxes were collected are fully satisfied and paid and funds remain Enter the fire safety and Guarantee Fund from the revenue from the taxes levied, including the interest income accruing thereon. The School Board, by resolution, uses this surplus and other funds tied to administration, excluding bond proceeds and income from such proceeds, as follows:
(1) for other approved fire, safety,
| | Energy conservation, required safety inspections, school safety purposes, sampling of lead in drinking water in schools, and repairing and mitigating damage due to lead levels in drinking water supplies; or
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| (2) for transmission to Operations and Maintenance
| | Equal Operation and Maintenance Tax Reduction Fund.
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| Notwithstanding subsection (2) of this subsection (j) and subsection (k) of this section, the school board may, no later than June 30, 2021, by proper resolution following a public hearing determined by the school board or the school board president ( This will be preceded by (i) at least a published notice of the name of the Clerk or Secretary of the Board of Directors in a general circulation newspaper in the school district at least 7 days and not more than 30 days prior to the hearing and (ii) mailing Notice of the name of the board clerk or secretary, at least 48 hours prior to the hearing, at the school board's main office or at the building where the hearing is to be held if there is no main office, both notices stating the time, date, Place and subject matter of the hearing), remit excess life insurance taxes and interest thereon to the Operations and Maintenance Fund for building repair work.
(k) If an operation and maintenance fund transfer is made, the school board secretary must notify the district clerk within 30 days of the amount of such transfer and direct him to reduce taxes to be extended for approved operation and maintenance purposes pursuant to Section 17-2 of this Act, by an amount equal to such transfer.
(l) If the proceeds from the tax levy authorized under this section are insufficient to complete the work authorized under this section, the school board shall be authorized to sell bonds without a referendum under the provisions of this section in an amount equal to the proceeds from the Tax is added The levy authorized in this section allows for the completion of the authorized works.
(m) All bonds issued pursuant to this section shall bear interest at a rate not to exceed the maximum rate permitted by law at the time of inception, mature within 20 years from the date, and be signed by the president of the school board and the district treasurer.
(n) In order to approve and issue such bonds, the school board must pass a resolution specifying the amount of the bonds, their date, terms, interest rates, place of payment and denomination, which denomination shall not be less than $100 and not more than $5,000 and provide for the imposition and imposition of a direct annual tax on all taxable property in the school district sufficient to pay the principal and interest on such bonds until maturity. Upon filing a certified copy of the order with the district clerk for the district in which the school district is located, it is the district clerk's duty to extend the tax thereon in addition to and over and above any other taxes from such school district entitled to collection.
(o) After the date of issuance of such bonds provided for in this section, if additional alterations or remodeling are required as a result of investigations conducted by an architect or engineer licensed in the State of Illinois, the county may impose a tax at a rate 0, Exceed 05% per year on the county's total taxable assets or issue additional bonds, whichever action is most practical.
(p) This Section is cumulative and constitutes complete authority to issue Bonds as provided in this Section notwithstanding any other statute or statute to the contrary.
(q) In relation to instruments of payment of money issued under this section either before, on or after the coming into force of Public Act 86-004 (6 June 1989), it is and was the intention of the General Assembly (i) that the Omnibus Bond Acts are and have always been a supplementary grant of power to issue instruments under the Omnibus Bond Acts notwithstanding any provision of that Act which appears to be or may have been more restrictive than those Acts , (ii) that the provisions of this section shall not constitute a restriction on the additional powers granted by the Omnibus Bond Acts and (iii) instruments issued pursuant to this section under the additional powers granted by the Omnibus Bond Acts shall not be void by virtue of any provision of this Act which appears to be more restrictive or could have been than these laws.
(r) When the purposes for which the Bonds are issued have been fulfilled and paid in full and funds remain from the proceeds of the sale of the Bonds and the interest income thereon, the Board shall by resolution use such excess funds in accordance with the Provisions of Section 10-22.14 of this Act.
(s) Where taxes are levied or bonds issued for fire safety, security, energy conservation and school safety purposes, such revenue must be deposited and accounted for separately in the Fire Safety Fund.
(Source: P.A. 100-465, valid 8-31-17; 101-455, valid 8-23-19; 101-643, valid 6-18-20.)
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