Illinois 94th Regular Session Status: Passed Senate 2 D cosponsors

SB 853 — EDUCATION-TECH

Last action — Session Sine Die

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    Introduced
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  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the School Code. Makes technical changes in a Section concerning debt limitations of school districts.

Bill Text

What changed in the latest version

136 added · 550 removed

Plain-language change summary

The revised version of SB 853 introduces the "Illinois Dollars for Scholars Program Act," which aims to support local communities in developing scholarship programs to help residents pursue higher education. This shift is significant because it addresses the barriers that some potential students face, such as financial hardship and social circumstances, thus promoting greater access to college and vocational training. The addition of this program reflects a commitment to enhance educational opportunities for Illinois residents, potentially improving their economic prospects and benefit the state as a whole.

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*LRB09404506NHT34535b* SB0853 94TH GENERAL ASSEMBLY State of Illinois and 2006 SB0853 Introduced 2/18/2005, by Sen.
SB0853 Engrossed LRB094 04506 NHT 34535 b AN ACT concerning education.
Kimberly A.
Lightford - Emil Jones, Jr.
SYNOPSIS AS INTRODUCED:
ILCS 5/19-1 from Ch.
122, par.
19-1 Amends the School Code.
Makes technical changes in a Section concerning debt limitations of school districts.
LRB094 04506 NHT 34535 b A BILL FOR SB0853 LRB094 04506 NHT 34535 b AN ACT concerning education.
Section 1.
Short title.
This Act may be cited as the Illinois Dollars for Scholars Program Act.
The School Code is amended by changing Section 19-1 as follows:
Findings and purpose.
(105 ILCS 5/19-1) (from Ch.
The General Assembly finds that making higher education opportunities available to Illinois residents is of great importance to the social and economic well-being of this State.
122, par.
The General Assembly further finds that some potential students, because of family and social circumstances, economic distress of their community, and other reasons, do not pursue a higher education.
19-1) Sec.
It is in the interest of the State to support the development of scholarship programs that help these citizens attend a college, university, or vocational-technical institute in the State.
19-1.
The purpose of this Act is to create an Illinois Dollars for Scholars Program as a pilot project, with the intent of encouraging local communities to develop scholarship programs that assist their residents in obtaining a higher education.
Debt limitations of school districts.
Section 10.
(a) School districts shall not be subject to the the provisions limiting their indebtedness prescribed in "An Act to limit the indebtedness of counties having a population of less than 500,000 and townships, school districts and other municipal corporations having a population of less than 300,000", approved February 15, 1928, as amended.
Definitions.
No school districts maintaining grades K through 8 or 9 through 12 shall become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 6.9% on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on January 1, 1979, previous to the incurring of such indebtedness.
In this Act, unless the context clearly requires otherwise:
No school districts maintaining grades K through 12 shall become indebted in any manner or for any purpose to an amount, including existing indebtedness, in the aggregate exceeding 13.8% on the value of the taxable property therein to be ascertained by the last assessment for State and county taxes or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on January 1, 1979, previous to the incurring of such SB0853 - 2 - LRB094 04506 NHT 34535 b indebtedness.
"Chapter" means an Illinois Dollars for Scholars chapter found to be eligible for State funds under Section 25 of this Act.
Notwithstanding the provisions of any other law to the contrary, in any case in which the voters of a school district have approved a proposition for the issuance of bonds of such school district at an election held prior to January 1, 1979, and all of the bonds approved at such election have not been issued, the debt limitation applicable to such school district during the calendar year 1979 shall be computed by multiplying the value of taxable property therein, including personal property, as ascertained by the last assessment for State and county taxes, previous to the incurring of such indebtedness, by the percentage limitation applicable to such school district under the provisions of this subsection (a).
"Commission" means the Illinois Student Assistance Commission.
(b) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, additional indebtedness may be incurred in an amount not to exceed the estimated cost of acquiring or improving school sites or constructing and equipping additional building facilities under the following conditions:
"Institution of higher education" means a degree-granting college or university or public vocation-technical institute, in this State, that is a member institution of an accrediting association recognized by rule of the Commission for the purposes of this Act.
(1) Whenever the enrollment of students for the next school year is estimated by the board of education to increase over the actual present enrollment by not less than 35% or by not less than 200 students or the actual present enrollment of students has increased over the previous school year by not less than 35% or by not less than 200 students and the board of education determines that additional school sites or building facilities are required as a result of such increase in enrollment;
SB0853 Engrossed - 2 - LRB094 04506 NHT 34535 b "Program" means the Illinois Dollars for Scholars Program.
and (2) When the Regional Superintendent of Schools having jurisdiction over the school district and the State Superintendent of Education concur in such enrollment projection or increase and approve the need for such additional school sites or building facilities and the estimated cost thereof;
Section 15.
and (3) When the voters in the school district approve a proposition for the issuance of bonds for the purpose of SB0853 - 3 - LRB094 04506 NHT 34535 b acquiring or improving such needed school sites or constructing and equipping such needed additional building facilities at an election called and held for that purpose.
Creation of Program.
Notice of such an election shall state that the amount of indebtedness proposed to be incurred would exceed the debt limitation otherwise applicable to the school district.
(a) The Illinois Dollars for Scholars Program is hereby established.
The ballot for such proposition shall state what percentage of the equalized assessed valuation will be outstanding in bonds if the proposed issuance of bonds is approved by the voters;
Subject to the availability of funds, the Commission shall award a chapter $2,000 upon demonstration to the Commission that the chapter has raised $2,000 for scholarships or the creation of an endowment for scholarships.
or (4) Notwithstanding the provisions of paragraphs (1) through (3) of this subsection (b), if the school board determines that additional facilities are needed to provide a quality educational program and not less than 2/3 of those voting in an election called by the school board on the question approve the issuance of bonds for the construction of such facilities, the school district may issue bonds for this purpose;
(b) Awards made under this Section shall be used for scholarships to community residents who qualify as resident students, as determined by the Commission, to attend institutions of higher education.
or (5) Notwithstanding the provisions of paragraphs (1) through (3) of this subsection (b), if (i) the school district has previously availed itself of the provisions of paragraph (4) of this subsection (b) to enable it to issue bonds, (ii) the voters of the school district have not defeated a proposition for the issuance of bonds since the referendum described in paragraph (4) of this subsection (b) was held, (iii) the school board determines that additional facilities are needed to provide a quality educational program, and (iv) a majority of those voting in an election called by the school board on the question approve the issuance of bonds for the construction of such facilities, the school district may issue bonds for this purpose.
Section 20.
In no event shall the indebtedness incurred pursuant to this subsection (b) and the existing indebtedness of the school district exceed 15% of the value of the taxable property therein to be ascertained by the last assessment for State and SB0853 - 4 - LRB094 04506 NHT 34535 b county taxes, previous to the incurring of such indebtedness or, until January 1, 1983, if greater, the sum that is produced by multiplying the school district’s 1978 equalized assessed valuation by the debt limitation percentage in effect on January 1, 1979.
Goals.
The indebtedness provided for by this subsection (b) shall be in addition to and in excess of any other debt limitation.
(a) The goal of the Program is the development throughout the State of community organizations that raise scholarship funds for local residents.
(c) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, in any case in which a public question for the issuance of bonds of a proposed school district maintaining grades kindergarten through 12 received at least 60% of the valid ballots cast on the question at an election held on or prior to November 8, 1994, and in which the bonds approved at such election have not been issued, the school district pursuant to the requirements of Section 11A-10 may issue the total amount of bonds approved at such election for the purpose stated in the question.
(b) In making awards under Section 15 of this Act, the Commission shall take into consideration, but not be limited to, the following additional goals:
(d) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) and (2) of this subsection (d) may incur an additional indebtedness in an amount not to exceed $4,500,000, even though the amount of the additional indebtedness authorized by this subsection (d), when incurred and added to the aggregate amount of indebtedness of the district existing immediately prior to the district incurring the additional indebtedness authorized by this subsection (d), causes the aggregate indebtedness of the district to exceed the debt limitation otherwise applicable to that district under subsection (a):
(1) increasing higher education participation for residents of economically distressed areas and other areas of the State with low participation rates and enhancing community support for residents of these areas who desire a higher education;
(1) The additional indebtedness authorized by this subsection (d) is incurred by the school district through the issuance of bonds under and in accordance with Section 17-2.11a for the purpose of replacing a school building which, because of mine subsidence damage, has been closed as provided in paragraph (2) of this subsection (d) or through the issuance of bonds under and in accordance with SB0853 - 5 - LRB094 04506 NHT 34535 b Section 19-3 for the purpose of increasing the size of, or providing for additional functions in, such replacement school buildings, or both such purposes.
(2) creating scholarship opportunities for students who do not meet the criteria for traditional scholarships;
(2) The bonds issued by the school district as provided in paragraph (1) above are issued for the purposes of construction by the school district of a new school building pursuant to Section 17-2.11, to replace an existing school building that, because of mine subsidence damage, is closed as of the end of the 1992-93 school year pursuant to action of the regional superintendent of schools of the educational service region in which the district is located under Section 3-14.22 or are issued for the purpose of increasing the size of, or providing for additional functions in, the new school building being constructed to replace a school building closed as the result of mine subsidence damage, or both such purposes.
and (3) creating scholarship opportunities for students who plan to focus their studies in the humanities and arts.
(e) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) through (5) of this subsection (e) may, without referendum, incur an additional indebtedness in an amount not to exceed the lesser of $5,000,000 or 1.5% of the value of the taxable property within the district even though the amount of the additional indebtedness authorized by this subsection (e), when incurred and added to the aggregate amount of indebtedness of the district existing immediately prior to the district incurring that additional indebtedness, causes the aggregate indebtedness of the district to exceed or increases the amount by which the aggregate indebtedness of the district already exceeds the debt limitation otherwise applicable to that district under subsection (a):
Section 25.
(1) The State Board of Education certifies the school district under Section 19-1.5 as a financially distressed district.
Eligibility.
(2) The additional indebtedness authorized by this subsection (e) is incurred by the financially distressed SB0853 - 6 - LRB094 04506 NHT 34535 b district during the school year or school years in which the certification of the district as a financially distressed district continues in effect through the issuance of bonds for the lawful school purposes of the district, pursuant to resolution of the school board and without referendum, as provided in paragraph (5) of this subsection.
To qualify as an Illinois Scholars for Dollars chapter eligible for State money under this Act, an organization must meet the following criteria:
(3) The aggregate amount of bonds issued by the financially distressed district during a fiscal year in which it is authorized to issue bonds under this subsection does not exceed the amount by which the aggregate expenditures of the district for operational purposes during the immediately preceding fiscal year exceeds the amount appropriated for the operational purposes of the district in the annual school budget adopted by the school board of the district for the fiscal year in which the bonds are issued.
(1) have a tax-exempt status under Section 501(c) of the Internal Revenue Code, be a publicly supported SB0853 Engrossed - 3 - LRB094 04506 NHT 34535 b organization under Section 170(b)(1)(A)(vi) of the Internal Revenue Code, and not be a private foundation under Section 509(a) of the Internal Revenue Code;
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(4) Throughout each fiscal year in which certification of the district as a financially distressed district continues in effect, the district maintains in effect a gross salary expense and gross wage expense freeze policy under which the district expenditures for total employee salaries and wages do not exceed such expenditures for the immediately preceding fiscal year.
(2) be organized after the effective date of this Act for the primary purpose of raising and awarding scholarships to community residents who qualify as resident students, as determined by the Commission, to attend institutions of higher education;
Nothing in this paragraph, however, shall be deemed to impair or to require impairment of the contractual obligations, including collective bargaining agreements, of the district or to impair or require the impairment of the vested rights of any employee of the district under the terms of any contract or agreement in effect on the effective date of this amendatory Act of 1994.
(3) solicit broad-based community support in its fundraising activities and be representative of the community in its organization;
(5) Bonds issued by the financially distressed district under this subsection shall bear interest at a rate not to exceed the maximum rate authorized by law at the time of the making of the contract, shall mature within 40 years from their date of issue, and shall be signed by SB0853 - 7 - LRB094 04506 NHT 34535 b the president of the school board and treasurer of the school district.
(4) not be duplicative of other organizations;
In order to issue bonds under this subsection, the school board shall adopt a resolution fixing the amount of the bonds, the date of the bonds, the maturities of the bonds, the rates of interest of the bonds, and their place of payment and denomination, and shall provide for the levy and collection of a direct annual tax upon all the taxable property in the district sufficient to pay the principal and interest on the bonds to maturity.
(5) be organized and operated by volunteers;
Upon the filing in the office of the county clerk of the county in which the financially distressed district is located of a certified copy of the resolution, it is the duty of the county clerk to extend the tax therefor in addition to and in excess of all other taxes at any time authorized to be levied by the district.
(6) grant scholarships without regard to age, sex, marital status, race, creed, color, religion, national origin, or the presence of any mental, sensory, or physical handicap;
If bond proceeds from the sale of bonds include a premium or if the proceeds of the bonds are invested as authorized by law, the school board shall determine by resolution whether the interest earned on the investment of bond proceeds or the premium realized on the sale of the bonds is to be used for any of the lawful school purposes for which the bonds were issued or for the payment of the principal indebtedness and interest on the bonds.
and (7) meet other criteria established by the Commission to meet the goals of the Program specified in Section 20 of this Act.
The proceeds of the bond sale shall be deposited in the educational purposes fund of the district and shall be used to pay operational expenses of the district.
Section 30.
This subsection is cumulative and constitutes complete authority for the issuance of bonds as provided in this subsection, notwithstanding any other law to the contrary.
Chapter limits.
(f) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds in not to exceed the aggregate amount of $5,500,000 and issued by a school district meeting the following criteria shall not be considered indebtedness for purposes of any statutory limitation and may be issued in an amount or amounts, including existing indebtedness, in excess of any heretofore or hereafter imposed SB0853 - 8 - LRB094 04506 NHT 34535 b statutory limitation as to indebtedness:
The total number of chapters operating under this Act at any one time shall not exceed 28.
(1) At the time of the sale of such bonds, the board of education of the district shall have determined by resolution that the enrollment of students in the district is projected to increase by not less than 7% during each of the next succeeding 2 school years.
Not more than 7 chapters shall operate at any one time in any city having a population exceeding 500,000;
(2) The board of education shall also determine by resolution that the improvements to be financed with the proceeds of the bonds are needed because of the projected enrollment increases.
not more than 7 chapters shall operate at any one time in the counties of DuPage, Kane, Lake, McHenry, Will, and that portion of Cook County that is located outside a city having a population exceeding 500,000;
(3) The board of education shall also determine by resolution that the projected increases in enrollment are the result of improvements made or expected to be made to passenger rail facilities located in the school district.
and not more than 14 chapters shall operate at any one time in the remainder of the State.
Notwithstanding the provisions of subsection (a) of this Section or of any other law, a school district that has availed itself of the provisions of this subsection (f) prior to July 22, 2004 (the effective date of Public Act 93-799) this amendatory Act of the 93rd General Assembly may also issue bonds approved by referendum up to an amount, including existing indebtedness, not exceeding 25% of the equalized assessed value of the taxable property in the district if all of the conditions set forth in items (1), (2), and (3) of this subsection (f) are met.
For the purposes of implementing this Section, the Commission shall assign a number to each chapter submission that it receives under this Act for its review and certification, based on the chronological order in which the submission is received.
(g) Notwithstanding the provisions of subsection (a) of this Section or any other law, bonds in not to exceed an aggregate amount of 25% of the equalized assessed value of the taxable property of a school district and issued by a school district meeting the criteria in paragraphs (i) through (iv) of this subsection shall not be considered indebtedness for purposes of any statutory limitation and may be issued pursuant to resolution of the school board in an amount or amounts, including existing indebtedness, in excess of any statutory limitation of indebtedness heretofore or hereafter imposed:
The Commission shall promptly notify the public when the maximum number of chapters authorized to SB0853 Engrossed - 4 - LRB094 04506 NHT 34535 b operate has been reached.
(i) The bonds are issued for the purpose of constructing a new high school building to replace two SB0853 - 9 - LRB094 04506 NHT 34535 b adjacent existing buildings which together house a single high school, each of which is more than 65 years old, and which together are located on more than 10 acres and less than 11 acres of property.
Section 35.
(ii) At the time the resolution authorizing the issuance of the bonds is adopted, the cost of constructing a new school building to replace the existing school building is less than 60% of the cost of repairing the existing school building.
Administration;
(iii) The sale of the bonds occurs before July 1, 1997.
rules;
(iv) The school district issuing the bonds is a unit school district located in a county of less than 70,000 and more than 50,000 inhabitants, which has an average daily attendance of less than 1,500 and an equalized assessed valuation of less than $29,000,000.
assistance.
(h) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27.6% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
The Commission shall administer the Program.
(i) The school district has an equalized assessed valuation for calendar year 1995 of less than $24,000,000;
The Commission shall adopt rules as appropriate to implement the Program and shall solicit assistance from public and private sources to publicize the Program.
(ii) The bonds are issued for the capital improvement, renovation, rehabilitation, or replacement of existing school buildings of the district, all of which buildings were originally constructed not less than 40 years ago;
The Commission may create an advisory committee to assist in making determinations under this Act.
(iii) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after March 19, 1996;
Section 40.
and (iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
Illinois Dollars for Scholars Fund.
(i) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1998, a community unit school district maintaining grades K through 12 SB0853 - 10 - LRB094 04506 NHT 34535 b may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
The Illinois Dollars for Scholars Fund is created as a special fund in the State treasury.
(i) The school district has an equalized assessed valuation for calendar year 1995 of less than $44,600,000;
All money appropriated for the Program and all money otherwise received for this purpose shall be deposited in this Fund.
(ii) The bonds are issued for the capital improvement, renovation, rehabilitation, or replacement of existing school buildings of the district, all of which existing buildings were originally constructed not less than 80 years ago;
All money in this Fund shall be used, subject to appropriation, by the Commission for awards and administration of the Program.
(iii) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after December 31, 1996;
Section 45.
and (iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
Gifts;
(j) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
grants;
(i) The school district has an equalized assessed valuation for calendar year 1995 of less than $140,000,000 and a best 3 months average daily attendance for the 1995-96 school year of at least 2,800;
endowments.
(ii) The bonds are issued to purchase a site and build and equip a new high school, and the school district’s existing high school was originally constructed not less than 35 years prior to the sale of the bonds;
The Commission may solicit and receive such gifts, grants, and endowments from public or private sources as may be made from time to time, in trust or otherwise, for the use and benefit of the purposes of the Program and may expend the same or any income therefrom according to the terms of the gifts, grants, or endowments.
(iii) At the time of the sale of the bonds, the board of education determines by resolution that a new high school is needed because of projected enrollment increases;
Section 50.
(iv) At least 60% of those voting in an election held SB0853 - 11 - LRB094 04506 NHT 34535 b after December 31, 1996 approve a proposition for the issuance of the bonds;
Report.
and (v) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
By December 1, 2006, the Commission shall submit a report to the Governor, the House of Representatives Higher Education Committee, and the Senate Education Committee.
(k) Notwithstanding the debt limitation prescribed in subsection (a) of this Section, a school district that meets all the criteria set forth in paragraphs (1) through (4) of this subsection (k) may issue bonds to incur an additional indebtedness in an amount not to exceed $4,000,000 even though the amount of the additional indebtedness authorized by this subsection (k), when incurred and added to the aggregate amount of indebtedness of the school district existing immediately prior to the school district incurring such additional indebtedness, causes the aggregate indebtedness of the school district to exceed or increases the amount by which the aggregate indebtedness of the district already exceeds the debt limitation otherwise applicable to that school district under subsection (a):
The report shall examine the results and effectiveness of the Program and shall recommend whether the Program should be continued and any modifications to the Program.
(1) the school district is located in 2 counties, and a referendum to authorize the additional indebtedness was approved by a majority of the voters of the school district voting on the proposition to authorize that indebtedness;
Section 905.
(2) the additional indebtedness is for the purpose of financing a multi-purpose room addition to the existing high school;
The State Finance Act is amended by adding Section 5.640 as follows:
(3) the additional indebtedness, together with the existing indebtedness of the school district, shall not exceed 17.4% of the value of the taxable property in the school district, to be ascertained by the last assessment for State and county taxes;
(30 ILCS 105/5.640 new) SB0853 Engrossed - 5 - LRB094 04506 NHT 34535 b Sec.
and (4) the bonds evidencing the additional indebtedness are issued, if at all, within 120 days of the effective date of this amendatory Act of 1998.
5.640.
(l) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 2000, a school district maintaining grades kindergarten through 8 may SB0853 - 12 - LRB094 04506 NHT 34535 b issue bonds up to an amount, including existing indebtedness, not exceeding 15% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
The Illinois Dollars for Scholars Fund.
(i) the district has an equalized assessed valuation for calendar year 1996 of less than $10,000,000;
Section 990.
(ii) the bonds are issued for capital improvement, renovation, rehabilitation, or replacement of one or more school buildings of the district, which buildings were originally constructed not less than 70 years ago;
Repealer.
(iii) the voters of the district approve a proposition for the issuance of the bonds at a referendum held on or after March 17, 1998;
This Act is repealed on June 30, 2008.
and (iv) the bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
Section 999.
(m) Notwithstanding any other provisions of this Section or the provisions of any other law, until January 1, 1999, an elementary school district maintaining grades K through 8 may issue bonds up to an amount, excluding existing indebtedness, not exceeding 18% of the equalized assessed value of the taxable property in the district, if all of the following conditions are met:
Effective date.
(i) The school district has an equalized assessed valuation for calendar year 1995 or less than $7,700,000;
This Act takes effect upon becoming law.
(ii) The school district operates 2 elementary attendance centers that until 1976 were operated as the attendance centers of 2 separate and distinct school districts;
(iii) The bonds are issued for the construction of a new elementary school building to replace an existing multi-level elementary school building of the school district that is not handicapped accessible at all levels and parts of which were constructed more than 75 years ago;
(iv) The voters of the school district approve a proposition for the issuance of the bonds at a referendum held after July 1, 1998;
and SB0853 - 13 - LRB094 04506 NHT 34535 b (v) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
(n) Notwithstanding the debt limitation prescribed in subsection (a) of this Section or any other provisions of this Section or of any other law, a school district that meets all of the criteria set forth in paragraphs (i) through (vi) of this subsection (n) may incur additional indebtedness by the issuance of bonds in an amount not exceeding the amount certified by the Capital Development Board to the school district as provided in paragraph (iii) of this subsection (n), even though the amount of the additional indebtedness so authorized, when incurred and added to the aggregate amount of indebtedness of the district existing immediately prior to the district incurring the additional indebtedness authorized by this subsection (n), causes the aggregate indebtedness of the district to exceed the debt limitation otherwise applicable by law to that district:
(i) The school district applies to the State Board of Education for a school construction project grant and submits a district facilities plan in support of its application pursuant to Section 5-20 of the School Construction Law.
(ii) The school district’s application and facilities plan are approved by, and the district receives a grant entitlement for a school construction project issued by, the State Board of Education under the School Construction Law.
(iii) The school district has exhausted its bonding capacity or the unused bonding capacity of the district is less than the amount certified by the Capital Development Board to the district under Section 5-15 of the School Construction Law as the dollar amount of the school construction project’s cost that the district will be required to finance with non-grant funds in order to receive a school construction project grant under the School Construction Law.
SB0853 - 14 - LRB094 04506 NHT 34535 b (iv) The bonds are issued for a "school construction project", as that term is defined in Section 5-5 of the School Construction Law, in an amount that does not exceed the dollar amount certified, as provided in paragraph (iii) of this subsection (n), by the Capital Development Board to the school district under Section 5-15 of the School Construction Law.
(v) The voters of the district approve a proposition for the issuance of the bonds at a referendum held after the criteria specified in paragraphs (i) and (iii) of this subsection (n) are met.
(vi) The bonds are issued pursuant to Sections 19-2 through 19-7 of the School Code.
(o) Notwithstanding any other provisions of this Section or the provisions of any other law, until November 1, 2007, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including existing indebtedness, not exceeding 20% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
(i) the school district has an equalized assessed valuation for calendar year 2001 of at least $737,000,000 and an enrollment for the 2002-2003 school year of at least 8,500;
(ii) the bonds are issued to purchase school sites, build and equip a new high school, build and equip a new junior high school, build and equip 5 new elementary schools, and make technology and other improvements and additions to existing schools;
(iii) at the time of the sale of the bonds, the board of education determines by resolution that the sites and new or improved facilities are needed because of projected enrollment increases;
(iv) at least 57% of those voting in a general election held prior to January 1, 2003 approved a proposition for the issuance of the bonds;
and SB0853 - 15 - LRB094 04506 NHT 34535 b (v) the bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
(p) Notwithstanding any other provisions of this Section or the provisions of any other law, a community unit school district maintaining grades K through 12 may issue bonds up to an amount, including indebtedness, not exceeding 27% of the equalized assessed value of the taxable property in the district if all of the following conditions are met:
(i) The school district has an equalized assessed valuation for calendar year 2001 of at least $295,741,187 and a best 3 months’ average daily attendance for the 2002-2003 school year of at least 2,394.
(ii) The bonds are issued to build and equip 3 elementary school buildings;
build and equip one middle school building;
and alter, repair, improve, and equip all existing school buildings in the district.
(iii) At the time of the sale of the bonds, the board of education determines by resolution that the project is needed because of expanding growth in the school district and a projected enrollment increase.
(iv) The bonds are issued pursuant to Sections 19-2 through 19-7 of this Code.
(Source:
P.A.
93-13, eff.
6-9-03;
93-799, eff.
7-22-04;
93-1045, eff.
10-15-04;
revised 10-22-04.)
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Action History

  1. Session Sine Die

  2. Added Alternate Co-Sponsor Rep. Jay C. Hoffman

  3. Rule 19(a) / Re-referred to Rules Committee

  4. Added Alternate Chief Co-Sponsor Rep. Renee Kosel

  5. Assigned to Executive Committee

  6. Referred to Rules Committee

  7. First Reading

  8. Chief House Sponsor Rep. Kevin Joyce

  9. Placed on Calendar Order of First Reading

  10. Arrived in House

  11. Third Reading - Passed; 056-000-000

  12. Placed on Calendar Order of 3rd Reading

  13. Senate Floor Amendment No. 1 Adopted; Lightford

  14. Recalled to Second Reading

  15. Added as Co-Sponsor Sen. Martin A. Sandoval

  16. Added as Co-Sponsor Sen. Kwame Raoul

  17. Added as Chief Co-Sponsor Sen. Miguel del Valle

  18. Added as Chief Co-Sponsor Sen. M. Maggie Crotty

  19. Added as Chief Co-Sponsor Sen. Frank C. Watson

  20. Senate Floor Amendment No. 1 Be Adopted Education; 008-000-000

  21. Senate Floor Amendment No. 1 Rules Refers to Education

  22. Senate Floor Amendment No. 1 Referred to Rules

  23. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Kimberly A. Lightford

  24. Placed on Calendar Order of 3rd Reading April 7, 2005

  25. Second Reading

  26. Placed on Calendar Order of 2nd Reading April 6, 2005

  27. Do Pass Education; 007-004-000

  28. Assigned to Education

  29. Referred to Rules

  30. First Reading

  31. Chief Co-Sponsor Sen. Emil Jones, Jr.

  32. Filed with Secretary by Sen. Kimberly A. Lightford

Sponsors

Sponsorship breakdown

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0 sponsors · 2 co-sponsors · 181 not signed on

Sponsors (0)

None.

Co-sponsors (2)

Not signed on (181)

181 members have not signed on to this bill.

Show all 181 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 56 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 50003
Democrat 5000
Republican 1000
Total 56003
% of votes cast 95%0%0%5%
How each member voted (59)
Member Party Vote
Sandoval — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bomke — Yea
Burzynski — Yea
Dahl — Yea
Haine — Yea
Halvorson — Yea
Link — Yea
Lauzen — Yea
Meeks — Yea
Munoz — Yea
Schoenberg — Yea
Brady — Yea
Shadid — Yea
Sieben — Yea
Sullivan, D. — Yea
Silverstein — Yea
Sullivan, J. — Yea
Trotter — Yea
Viverito — Yea
Jacobs — Yea
Jones, J. — Yea
Cullerton — Yea
Watson — Yea
Jones, W. — Yea
Wilhelmi — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
DeLeo — Yea
Garrett — Yea
Geo-Karis — Yea
Hendon — Yea
Winkel — Yea
Wojcik — Yea
Demuzio — Yea
Petka — Not Voting
Luechtefeld — Yea
Dillard — Yea
Forby — Yea
Pankau — Yea
Peterson — Yea
Radogno — Yea
Raoul — Yea
Rauschenberger — Not Voting
Righter — Yea
Risinger — Yea
Ronen — Yea
Roskam — Not Voting
Rutherford — Yea
del Valle — Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does SB 853 do?
Amends the School Code. Makes technical changes in a Section concerning debt limitations of school districts.
Who sponsors SB 853?
SB 853 is sponsored by Kimberly A. Lightford (Democrat) and Jay Hoffman (Democrat).
What is the current status of SB 853?
This bill died with 94th Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 853?
Track SB 853 free on One Click Politics — get push/email alerts when it moves.

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