2010 Illinois Code
CHAPTER 105 SCHOOLS
105 ILCS 5/ School Code.
Article 19 - Debt Limitation - Bonds - Territory Liable - Refunding Bonds


      (105 ILCS 5/Art. 19 heading)
ARTICLE 19. DEBT LIMITATION ‑ BONDS ‑
TERRITORY LIABLE ‑ REFUNDING BONDS


      (105 ILCS 5/prec. Sec. 19‑1 heading)
DEBT LIMITATION

    (105 ILCS 5/19‑1)(from Ch. 122, par. 19‑1)
    (Text of Section from P.A. 96‑63)
    Sec. 19‑1. Debt limitations of school districts.
    (a) School districts shall not be subject to 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.
    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.
    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 indebtedness.
    No partial elementary unit district, as defined in Article 11E of this Code, shall become indebted in any manner or for any purpose in an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, plus an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes. Moreover, no partial elementary unit district, as defined in Article 11E of this Code, shall become indebted on account of bonds issued by the district for high school purposes in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, nor shall the district become indebted on account of bonds issued by the district for elementary purposes in the aggregate exceeding 6.9% of the value of the taxable property for that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes.
    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).
    (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:
        (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; 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; and
        (3) When the voters in the school district approve a
     proposition for the issuance of bonds for the purpose of 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. 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. 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; 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; 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.
    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 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.
    The indebtedness provided for by this subsection (b) shall be in addition to and in excess of any other debt limitation.
    (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 (now repealed) may issue the total amount of bonds approved at such election for the purpose stated in the question.
    (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) 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 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) 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.
    (e) (Blank).
    (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 statutory limitation as to indebtedness:
        (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.
        (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.
        (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.
    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) 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.
    (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:
        (i) The bonds are issued for the purpose of
     constructing a new high school building to replace two 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.
        (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.
        (iii) The sale of the bonds occurs before July 1,
     1997.
        (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.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $24,000,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after March 19, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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 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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $44,600,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after December 31, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (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;
        (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;
        (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;
        (iv) At least 60% of those voting in an election
     held after December 31, 1996 approve a proposition for the issuance of the bonds; and
        (v) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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):
        (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;
        (2) the additional indebtedness is for the purpose
     of financing a multi‑purpose room addition to the existing high school;
        (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; 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.
    (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 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:
        (i) the district has an equalized assessed valuation
     for calendar year 1996 of less than $10,000,000;
        (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;
        (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; and
        (iv) the bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 or less than $7,700,000;
        (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
        (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.
        (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
        (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.
    (p‑5) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community unit school district maintaining grades K through 12 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) At least 2 school buildings that were
     constructed 40 or more years prior to the issuance of the bonds will be demolished and will be replaced by new buildings or additions to one or more existing buildings.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the new buildings or building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 25% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑10) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community consolidated school district maintaining grades K through 8 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     and farm property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) The bond proceeds are to be used to acquire and
     improve school sites and build and equip a school building.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the school sites and building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 20% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑15) In addition to all other authority to issue bonds, the Oswego Community Unit School District Number 308 may issue bonds with an aggregate principal amount not to exceed $450,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general election held on November 7, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school building, new junior high school buildings, new elementary school buildings, early childhood building, maintenance building, transportation facility, and additions to existing school buildings, the altering, repairing, equipping, and provision of technology improvements to existing school buildings, and the acquisition and improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before November 7, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $450,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑15) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑20) In addition to all other authority to issue bonds, the Lincoln‑Way Community High School District Number 210 may issue bonds with an aggregate principal amount not to exceed $225,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general primary election held on March 21, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school buildings, the altering, repairing, and equipping of existing school buildings, and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before March 21, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $225,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑20) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑25) In addition to all other authority to issue bonds, Rochester Community Unit School District 3A may issue bonds with an aggregate principal amount not to exceed $15,000,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at the general primary election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of a new high school building; the addition of classrooms and support facilities at the high school, middle school, and elementary school; the altering, repairing, and equipping of existing school buildings; and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by a law that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before December 31, 2012, but the aggregate principal amount issued in all such bond issues combined must not exceed $15,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at the primary election held in 2008.
The debt incurred on any bonds issued under this subsection
     (p‑25) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑30) In addition to all other authority to issue bonds, Prairie Grove Consolidated School District 46 may issue bonds with an aggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at an election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the building and equipping of a new school building and additions to existing school buildings are required as a result of a projected increase in the enrollment of students in the district and (B) the altering, repairing, and equipping of existing school buildings are required because of the age of the existing school buildings.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2012; however, the aggregate principal amount issued in all such bond issuances combined must not exceed $30,000,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held in 2008.
The debt incurred on any bonds issued under this subsection (p‑30) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑35) In addition to all other authority to issue bonds, Prairie Hill Community Consolidated School District 133 may issue bonds with an aggregate principal amount not to exceed $13,900,000, but only if all of the following conditions are met:
        (i) The voters of the district approved a proposition
     for the bond issuance at an election held on April 17, 2007.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the improvement of the site of and the building and equipping of a school building are required as a result of a projected increase in the enrollment of students in the district and (B) the repairing and equipping of the Prairie Hill Elementary School building is required because of the age of that school building.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $13,900,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held on April 17, 2007.
The debt incurred on any bonds issued under this subsection (p‑35) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑40) In addition to all other authority to issue bonds, Mascoutah Community Unit District 19 may issue bonds with an aggregate principal amount not to exceed $55,000,000, but only if all of the following conditions are met:
        (1) The voters of the district approve a proposition
     for the bond issuance at a regular election held on or after November 4, 2008.
        (2) At the time of the sale of the bonds, the school
     board determines, by resolution, that (i) the building and equipping of a new high school building is required as a result of a projected increase in the enrollment of students in the district and the age and condition of the existing high school building, (ii) the existing high school building will be demolished, and (iii) the sale of bonds is authorized by statute that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (3) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $55,000,000.
        (4) The bonds are issued in accordance with this
     Article.
        (5) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at a regular election held on or after November 4, 2008.
    The debt incurred on any bonds issued under this
     subsection (p‑40) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑45) In addition to all other authority to issue bonds, Belle Valley School District 119 may issue bonds with an aggregate principal amount not to exceed $47,500,000, but only if all of the following conditions are met:
        (1) The voters of the district approve a proposition
     for the bond issuance at an election held on or after April 7, 2009.
        (2) Prior to the issuance of the bonds, the school
     board determines, by resolution, that (i) the building and equipping of a new school building is required as a result of mine subsidence in an existing school building and because of the age and condition of another existing school building and (ii) the issuance of bonds is authorized by statute that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (3) The bonds are issued, in one or more bond
     issuances, on or before March 31, 2014, but the aggregate principal amount issued in all such bond issuances combined must not exceed $47,500,000.
        (4) The bonds are issued in accordance with this
     Article.
        (5) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held on or after April 7, 2009.
    The debt incurred on any bonds issued under this
     subsection (p‑45) shall not be considered indebtedness for purposes of any statutory debt limitation. Bonds issued under this subsection (p‑45) must mature within not to exceed 30 years from their date, notwithstanding any other law to the contrary.
    (q) A school district must notify the State Board of Education prior to issuing any form of long‑term or short‑term debt that will result in outstanding debt that exceeds 75% of the debt limit specified in this Section or any other provision of law.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑594, eff. 9‑10‑07; 95‑792, eff. 1‑1‑09; 96‑63, eff. 7‑23‑09.)
 
    (Text of Section from P.A. 96‑273)
    Sec. 19‑1. Debt limitations of school districts.
    (a) School districts shall not be subject to 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.
    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.
    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 indebtedness.
    No partial elementary unit district, as defined in Article 11E of this Code, shall become indebted in any manner or for any purpose in an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, plus an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes. Moreover, no partial elementary unit district, as defined in Article 11E of this Code, shall become indebted on account of bonds issued by the district for high school purposes in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, nor shall the district become indebted on account of bonds issued by the district for elementary purposes in the aggregate exceeding 6.9% of the value of the taxable property for that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes.
    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).
    (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:
        (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; 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; and
        (3) When the voters in the school district approve a
     proposition for the issuance of bonds for the purpose of 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. 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. 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; 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; 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.
    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 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.
    The indebtedness provided for by this subsection (b) shall be in addition to and in excess of any other debt limitation.
    (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 (now repealed) may issue the total amount of bonds approved at such election for the purpose stated in the question.
    (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) 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 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) 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.
    (e) (Blank).
    (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 statutory limitation as to indebtedness:
        (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.
        (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.
        (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.
    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) 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.
    (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:
        (i) The bonds are issued for the purpose of
     constructing a new high school building to replace two 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.
        (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.
        (iii) The sale of the bonds occurs before July 1,
     1997.
        (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.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $24,000,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after March 19, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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 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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $44,600,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after December 31, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (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;
        (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;
        (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;
        (iv) At least 60% of those voting in an election
     held after December 31, 1996 approve a proposition for the issuance of the bonds; and
        (v) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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):
        (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;
        (2) the additional indebtedness is for the purpose
     of financing a multi‑purpose room addition to the existing high school;
        (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; 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.
    (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 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:
        (i) the district has an equalized assessed valuation
     for calendar year 1996 of less than $10,000,000;
        (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;
        (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; and
        (iv) the bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 or less than $7,700,000;
        (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
        (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.
        (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
        (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.
    (p‑5) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community unit school district maintaining grades K through 12 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) At least 2 school buildings that were
     constructed 40 or more years prior to the issuance of the bonds will be demolished and will be replaced by new buildings or additions to one or more existing buildings.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the new buildings or building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 25% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑10) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community consolidated school district maintaining grades K through 8 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     and farm property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) The bond proceeds are to be used to acquire and
     improve school sites and build and equip a school building.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the school sites and building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 20% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑15) In addition to all other authority to issue bonds, the Oswego Community Unit School District Number 308 may issue bonds with an aggregate principal amount not to exceed $450,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general election held on November 7, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school building, new junior high school buildings, new elementary school buildings, early childhood building, maintenance building, transportation facility, and additions to existing school buildings, the altering, repairing, equipping, and provision of technology improvements to existing school buildings, and the acquisition and improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before November 7, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $450,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑15) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑20) In addition to all other authority to issue bonds, the Lincoln‑Way Community High School District Number 210 may issue bonds with an aggregate principal amount not to exceed $225,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general primary election held on March 21, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school buildings, the altering, repairing, and equipping of existing school buildings, and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before March 21, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $225,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑20) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑25) In addition to all other authority to issue bonds, Rochester Community Unit School District 3A may issue bonds with an aggregate principal amount not to exceed $18,500,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at the general primary election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of a new high school building; the addition of classrooms and support facilities at the high school, middle school, and elementary school; the altering, repairing, and equipping of existing school buildings; and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by a law that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before December 31, 2012, but the aggregate principal amount issued in all such bond issues combined must not exceed $18,500,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at the primary election held in 2008.
The debt incurred on any bonds issued under this subsection
     (p‑25) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑30) In addition to all other authority to issue bonds, Prairie Grove Consolidated School District 46 may issue bonds with an aggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at an election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the building and equipping of a new school building and additions to existing school buildings are required as a result of a projected increase in the enrollment of students in the district and (B) the altering, repairing, and equipping of existing school buildings are required because of the age of the existing school buildings.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2012; however, the aggregate principal amount issued in all such bond issuances combined must not exceed $30,000,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held in 2008.
The debt incurred on any bonds issued under this subsection (p‑30) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑35) In addition to all other authority to issue bonds, Prairie Hill Community Consolidated School District 133 may issue bonds with an aggregate principal amount not to exceed $13,900,000, but only if all of the following conditions are met:
        (i) The voters of the district approved a proposition
     for the bond issuance at an election held on April 17, 2007.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the improvement of the site of and the building and equipping of a school building are required as a result of a projected increase in the enrollment of students in the district and (B) the repairing and equipping of the Prairie Hill Elementary School building is required because of the age of that school building.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $13,900,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held on April 17, 2007.
The debt incurred on any bonds issued under this subsection (p‑35) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑40) In addition to all other authority to issue bonds, Mascoutah Community Unit District 19 may issue bonds with an aggregate principal amount not to exceed $55,000,000, but only if all of the following conditions are met:
        (1) The voters of the district approve a proposition
     for the bond issuance at a regular election held on or after November 4, 2008.
        (2) At the time of the sale of the bonds, the school
     board determines, by resolution, that (i) the building and equipping of a new high school building is required as a result of a projected increase in the enrollment of students in the district and the age and condition of the existing high school building, (ii) the existing high school building will be demolished, and (iii) the sale of bonds is authorized by statute that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (3) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $55,000,000.
        (4) The bonds are issued in accordance with this
     Article.
        (5) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at a regular election held on or after November 4, 2008.
    The debt incurred on any bonds issued under this
     subsection (p‑40) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (q) A school district must notify the State Board of Education prior to issuing any form of long‑term or short‑term debt that will result in outstanding debt that exceeds 75% of the debt limit specified in this Section or any other provision of law.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑594, eff. 9‑10‑07; 95‑792, eff. 1‑1‑09; 96‑273, eff. 8‑11‑09.)
 
    (Text of Section from P.A. 96‑517)
    Sec. 19‑1. Debt limitations of school districts.
    (a) School districts shall not be subject to 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.
    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.
    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 indebtedness.
    No partial elementary unit district, as defined in Article 11E of this Code, shall become indebted in any manner or for any purpose in an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, plus an amount, including existing indebtedness, in the aggregate exceeding 6.9% of the value of the taxable property of that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes. Moreover, no partial elementary unit district, as defined in Article 11E of this Code, shall become indebted on account of bonds issued by the district for high school purposes in the aggregate exceeding 6.9% of the value of the taxable property of the entire district, to be ascertained by the last assessment for State and county taxes, nor shall the district become indebted on account of bonds issued by the district for elementary purposes in the aggregate exceeding 6.9% of the value of the taxable property for that portion of the district included in the elementary and high school classification, to be ascertained by the last assessment for State and county taxes.
    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).
    (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:
        (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; 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; and
        (3) When the voters in the school district approve a
     proposition for the issuance of bonds for the purpose of 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. 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. 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; 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; 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.
    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 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.
    The indebtedness provided for by this subsection (b) shall be in addition to and in excess of any other debt limitation.
    (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 (now repealed) may issue the total amount of bonds approved at such election for the purpose stated in the question.
    (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) 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 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) 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.
    (e) (Blank).
    (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 statutory limitation as to indebtedness:
        (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.
        (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.
        (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.
    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) 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.
    (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:
        (i) The bonds are issued for the purpose of
     constructing a new high school building to replace two 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.
        (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.
        (iii) The sale of the bonds occurs before July 1,
     1997.
        (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.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $24,000,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after March 19, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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 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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 of less than $44,600,000;
        (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;
        (iii) The voters of the district approve a
     proposition for the issuance of the bonds at a referendum held after December 31, 1996; and
        (iv) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (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;
        (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;
        (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;
        (iv) At least 60% of those voting in an election
     held after December 31, 1996 approve a proposition for the issuance of the bonds; and
        (v) The bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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):
        (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;
        (2) the additional indebtedness is for the purpose
     of financing a multi‑purpose room addition to the existing high school;
        (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; 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.
    (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 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:
        (i) the district has an equalized assessed valuation
     for calendar year 1996 of less than $10,000,000;
        (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;
        (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; and
        (iv) the bonds are issued pursuant to Sections 19‑2
     through 19‑7 of this Code.
    (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:
        (i) The school district has an equalized assessed
     valuation for calendar year 1995 or less than $7,700,000;
        (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
        (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.
        (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
        (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.
    (p‑5) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community unit school district maintaining grades K through 12 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) At least 2 school buildings that were
     constructed 40 or more years prior to the issuance of the bonds will be demolished and will be replaced by new buildings or additions to one or more existing buildings.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the new buildings or building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 25% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑10) Notwithstanding any other provisions of this Section or the provisions of any other law, bonds issued by a community consolidated school district maintaining grades K through 8 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 statutory limitation as to indebtedness, if all of the following conditions are met:
        (i) For each of the 4 most recent years, residential
     and farm property comprises more than 80% of the equalized assessed valuation of the district.
        (ii) The bond proceeds are to be used to acquire and
     improve school sites and build and equip a school building.
        (iii) Voters of the district approve a proposition
     for the issuance of the bonds at a regularly scheduled election.
        (iv) At the time of the sale of the bonds, the
     school board determines by resolution that the school sites and building additions are needed because of an increase in enrollment projected by the school board.
        (v) The principal amount of the bonds, including
     existing indebtedness, does not exceed 20% of the equalized assessed value of the taxable property in the district.
        (vi) The bonds are issued prior to January 1, 2007,
     pursuant to Sections 19‑2 through 19‑7 of this Code.
    (p‑15) In addition to all other authority to issue bonds, the Oswego Community Unit School District Number 308 may issue bonds with an aggregate principal amount not to exceed $450,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general election held on November 7, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school building, new junior high school buildings, new elementary school buildings, early childhood building, maintenance building, transportation facility, and additions to existing school buildings, the altering, repairing, equipping, and provision of technology improvements to existing school buildings, and the acquisition and improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before November 7, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $450,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the general election held on November 7, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑15) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑20) In addition to all other authority to issue bonds, the Lincoln‑Way Community High School District Number 210 may issue bonds with an aggregate principal amount not to exceed $225,000,000, but only if all of the following conditions are met:
        (i) The voters of the district have approved a
     proposition for the bond issue at the general primary election held on March 21, 2006.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of the new high school buildings, the altering, repairing, and equipping of existing school buildings, and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by legislation that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before March 21, 2011, but the aggregate principal amount issued in all such bond issues combined must not exceed $225,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used only to
     accomplish those projects approved by the voters at the primary election held on March 21, 2006.
The debt incurred on any bonds issued under this subsection
     (p‑20) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑25) In addition to all other authority to issue bonds, Rochester Community Unit School District 3A may issue bonds with an aggregate principal amount not to exceed $15,000,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at the general primary election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that: (A) the building and equipping of a new high school building; the addition of classrooms and support facilities at the high school, middle school, and elementary school; the altering, repairing, and equipping of existing school buildings; and the improvement of school sites, as the case may be, are required as a result of a projected increase in the enrollment of students in the district; and (B) the sale of bonds for these purposes is authorized by a law that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (iii) The bonds are issued, in one or more bond
     issues, on or before December 31, 2012, but the aggregate principal amount issued in all such bond issues combined must not exceed $15,000,000.
        (iv) The bonds are issued in accordance with this
     Article 19.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at the primary election held in 2008.
The debt incurred on any bonds issued under this subsection
     (p‑25) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑30) In addition to all other authority to issue bonds, Prairie Grove Consolidated School District 46 may issue bonds with an aggregate principal amount not to exceed $30,000,000, but only if all of the following conditions are met:
        (i) The voters of the district approve a proposition
     for the bond issuance at an election held in 2008.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the building and equipping of a new school building and additions to existing school buildings are required as a result of a projected increase in the enrollment of students in the district and (B) the altering, repairing, and equipping of existing school buildings are required because of the age of the existing school buildings.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2012; however, the aggregate principal amount issued in all such bond issuances combined must not exceed $30,000,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held in 2008.
The debt incurred on any bonds issued under this subsection (p‑30) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑35) In addition to all other authority to issue bonds, Prairie Hill Community Consolidated School District 133 may issue bonds with an aggregate principal amount not to exceed $13,900,000, but only if all of the following conditions are met:
        (i) The voters of the district approved a proposition
     for the bond issuance at an election held on April 17, 2007.
        (ii) At the time of the sale of the bonds, the school
     board determines, by resolution, that (A) the improvement of the site of and the building and equipping of a school building are required as a result of a projected increase in the enrollment of students in the district and (B) the repairing and equipping of the Prairie Hill Elementary School building is required because of the age of that school building.
        (iii) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $13,900,000.
        (iv) The bonds are issued in accordance with this
     Article.
        (v) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at an election held on April 17, 2007.
The debt incurred on any bonds issued under this subsection (p‑35) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑40) In addition to all other authority to issue bonds, Mascoutah Community Unit District 19 may issue bonds with an aggregate principal amount not to exceed $55,000,000, but only if all of the following conditions are met:
        (1) The voters of the district approve a proposition
     for the bond issuance at a regular election held on or after November 4, 2008.
        (2) At the time of the sale of the bonds, the school
     board determines, by resolution, that (i) the building and equipping of a new high school building is required as a result of a projected increase in the enrollment of students in the district and the age and condition of the existing high school building, (ii) the existing high school building will be demolished, and (iii) the sale of bonds is authorized by statute that exempts the debt incurred on the bonds from the district's statutory debt limitation.
        (3) The bonds are issued, in one or more bond
     issuances, on or before December 31, 2011, but the aggregate principal amount issued in all such bond issuances combined must not exceed $55,000,000.
        (4) The bonds are issued in accordance with this
     Article.
        (5) The proceeds of the bonds are used to accomplish
     only those projects approved by the voters at a regular election held on or after November 4, 2008.
    The debt incurred on any bonds issued under this
     subsection (p‑40) shall not be considered indebtedness for purposes of any statutory debt limitation.
    (p‑45) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds issued pursuant to Section 19‑3.5 of this Code shall not be considered indebtedness for purposes of any statutory limitation if the bonds are issued in an amount or amounts, including existing indebtedness of the school district, not in excess of 18.5% of the value of the taxable property in the district to be ascertained by the last assessment for State and county taxes.
    (p‑50) Notwithstanding the provisions of subsection (a) of this Section or of any other law, bonds issued pursuant to Section 19‑3.10 of this Code shall not be considered indebtedness for purposes of any statutory limitation if the bonds are issued in an amount or amounts, including existing indebtedness of the school district, not in excess of 43% of the value of the taxable property in the district to be ascertained by the last assessment for State and county taxes.
    (q) A school district must notify the State Board of Education prior to issuing any form of long‑term or short‑term debt that will result in outstanding debt that exceeds 75% of the debt limit specified in this Section or any other provision of law.
(Source: P.A. 95‑331, eff. 8‑21‑07; 95‑594, eff. 9‑10‑07; 95‑792, eff. 1‑1‑09; 96‑517, eff. 8‑14‑09.)

    (105 ILCS 5/19‑1.5)
    Sec. 19‑1.5. (Repealed).
(Source: P.A. 88‑641, eff. 9‑9‑94. Repealed by P.A. 94‑234, eff. 7‑1‑06.)


      (105 ILCS 5/prec. Sec. 19‑2 heading)
BONDS

    (105 ILCS 5/19‑2) (from Ch. 122, par. 19‑2)
    Sec. 19‑2. School directors ‑ Power to borrow money and issue bonds. For the purpose of building or repairing schoolhouses or purchasing or improving school sites, the directors of any school district, when authorized by a majority of the votes cast on such proposition conducted in accordance with the general election law, may borrow money; and, as evidence of such indebtedness, may issue bonds signed by the president and clerk of the board, in denominations of not less than $100, and bearing interest at a rate not exceeding the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
    The proceeds of any bonds issued under authorization of this Section shall be deposited and accounted for separately within the Site and Construction/Capital Improvements Fund.
(Source: P.A. 86‑4; 87‑984.)

    (105 ILCS 5/19‑3)(from Ch. 122, par. 19‑3)
    Sec. 19‑3. Boards of education. Any school district governed by a board of education and having a population of not more than 500,000 inhabitants, and not governed by a special Act may borrow money for the purpose of building, equipping, altering or repairing school buildings or purchasing or improving school sites, or acquiring and equipping playgrounds, recreation grounds, athletic fields, and other buildings or land used or useful for school purposes or for the purpose of purchasing a site, with or without a building or buildings thereon, or for the building of a house or houses on such site, or for the building of a house or houses on the school site of the school district, for residential purposes of the superintendent, principal, or teachers of the school district, and issue its negotiable coupon bonds therefor signed by the president and secretary of the board, in denominations of not less than $100 nor more than $5,000, payable at such place and at such time or times, not exceeding 20 years, with the exception of Lockport High School not exceeding 25 years, from date of issuance, as the board of education may prescribe, and bearing interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, payable annually, semiannually or quarterly, but no such bonds shall be issued unless the proposition to issue them is submitted to the voters of the district at a referendum held at a regularly scheduled election after the board has certified the proposition to the proper election authorities in accordance with the general election law, a majority of all the votes cast on the proposition is in favor of the proposition, and notice of such bond referendum has been given either (i) in accordance with the second paragraph of Section 12‑1 of the Election Code irrespective of whether such notice included any reference to the public question as it appeared on the ballot, or (ii) for an election held on or after November 1, 1998, in accordance with Section 12‑5 of the Election Code, or (iii) by publication of a true and legible copy of the specimen ballot label containing the proposition in the form in which it appeared or will appear on the official ballot label on the day of the election at least 5 days before the day of the election in at least one newspaper published in and having a general circulation in the district, irrespective of any other requirements of Article 12 or Section 24A‑18 of the Election Code, nor shall any residential site be acquired unless such proposition to acquire a site is submitted to the voters of the district at a referendum held at a regularly scheduled election after the board has certified the proposition to the proper election authorities in accordance with the general election law and a majority of all the votes cast on the proposition is in favor of the proposition. Nothing in this Act or in any other law shall be construed to require the notice of the bond referendum to be published over the name or title of the election authority or the listing of maturity dates of any bonds either in the notice of bond election or ballot used in the bond election. The provisions of this Section concerning notice of the bond referendum apply only to (i) consolidated primary elections held prior to January 1, 2002 and the consolidated election held on April 17, 2007 at which not less than 60% of the voters voting on the bond proposition voted in favor of the bond proposition, and (ii) other elections held before July 1, 1999; otherwise, notices required in connection with the submission of public questions shall be as set forth in Section 12‑5 of the Election Code. Such proposition may be initiated by resolution of the school board.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
    The proceeds of any bonds issued under authority of this Section shall be deposited and accounted for separately within the Site and Construction/Capital Improvements Fund.
(Source: P.A. 95‑30, eff. 8‑7‑07; 96‑787, eff. 8‑28‑09.)

    (105 ILCS 5/19‑3.5)
    Sec. 19‑3.5. Flood‑damaged building. Martinsville Community Unit School District 3C is authorized to issue bonds in not to exceed the amount of $4,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3‑14.22 of this Code because of flood damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96‑517, eff. 8‑14‑09.)

    (105 ILCS 5/19‑3.10)
    Sec. 19‑3.10. Mine subsidence damaged building. Gillespie Community Unit School District 7 is authorized to issue bonds in not to exceed the amount of $22,000,000 for the purpose of paying the cost of acquiring and improving a school site and building and equipping a new school building on the site to replace all or a portion of a school building closed by the regional superintendent of schools pursuant to Section 3‑14.22 of this Code because of mine subsidence damage. The replacement building may be larger than the size of and offer more functions than the school building being replaced. Bonds issued pursuant to this Section may be issued without referendum and shall mature not more than 25 years from the date of issuance.
(Source: P.A. 96‑517, eff. 8‑14‑09.)

    (105 ILCS 5/19‑4) (from Ch. 122, par. 19‑4)
    Sec. 19‑4. Bonds issued ‑ Boundaries changed. Where bonds are issued by any school district under the provisions of Section 19‑2 through Section 19‑6, and before any contract is let for the construction of buildings or improvements in accordance therewith the district boundaries are changed by the formation of a new district including all or a part of said district, or by the annexation of a district in its entirety to another district, then upon the adoption of a resolution by the board of education of the new district or the district to which the territory has been annexed, that the building or improvements are no longer feasible, the board shall by resolution order submitted to the electors the proposition of authorizing the board to use the proceeds of said bonds or the portion thereof allotted to the new district or district to which said territory is annexed for a specific new building or improvement in some locality of the district other than the one specified at the previous election, or for a different improvement, or for a part of the original improvements. In case a new district has been formed, no such referendum shall be held unless the new district embraces territory having as much or more assessed valuation as the territory embraced in the district at the first election. The board shall certify the resolution and the proposition to the proper election authorities for submission in accordance with the general election law.
    Where bonds are issued by any school district under the provisions of Section 19‑2 through Section 19‑6, and it is determined by the board of education by resolution that it is in the interests of the school district that part or all of the proceeds of said bonds be used for different purposes than authorized but for purposes for which bonds may be issued under the provisions of Section 19‑2 through Section 19‑6, the board shall by resolution order submitted to the electors the proposition of authorizing the board to use the proceeds of said bonds or a part thereof for the purposes set forth in said resolution and if a majority of all the votes cast on said proposition is in favor thereof the board shall have such authority. The board shall certify the resolution and the proposition to the proper election authorities for submission in accordance with the general election law.
(Source: P.A. 84‑1334.)

    (105 ILCS 5/19‑5) (from Ch. 122, par. 19‑5)
    Sec. 19‑5. Registration, numbering and countersigning.
    All bonds issued under this Act, except bonds issued by school districts having a population of more than 500,000 inhabitants, before being issued, negotiated and sold, shall be registered, numbered and countersigned by the treasurer who receives the taxes of the district. The registration shall be made in a book in which shall be entered the record of the election authorizing the directors or the board of education to borrow money and a description of the bonds issued, including the number, date, to whom issued, amount, rate of interest and when due.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑6) (from Ch. 122, par. 19‑6)
    Sec. 19‑6. Bond money to school treasurer ‑ Delivery of bonds ‑ Record ‑ Payment. All moneys borrowed under the authority of this Act, except money borrowed by school districts having a population of more than 500,000 inhabitants, shall be paid to the school treasurer of the district. The treasurer shall, before receiving any of the money, execute a bond with two or more persons having an interest in real estate, who shall not be trustees, or a surety company authorized to do business in this State, as surety, payable to the school board of the district in Class I county school units or township trustees in Class II county school units and conditioned upon the faithful discharge of his duties, except that the bond required of the school treasurer of a school district which is located in a Class II county school unit but which no longer is subject to the jurisdiction and authority of a township treasurer or trustees of schools of a township because the district has withdrawn from the jurisdiction and authority of the township treasurer and trustees of schools of the township or because those offices have been abolished as provided in subsection (b) or (c) of Section 5‑1 shall be payable to the school board of such district and conditioned upon the faithful discharge of his duties. The bond shall be submitted for approval or rejection to the school board of the district or to the township trustees to which such bond is payable. The penalty of the bond or bonds shall be 25% of the amount of such bond issue, whether individuals act as surety or whether the surety is given by a surety company authorized to transact business in this State. The bond shall be in substantially the same form as that required by Section 8‑2 of this Act and when so given shall fully describe the bond issue which it specifically covers and shall remain in force until the funds of the bond issue are fully disbursed in accordance with the law. Upon receiving such moneys the treasurer shall deliver the bonds issued therefor to the persons entitled to receive them, and shall credit the funds received to the district issuing the bonds. The treasurer shall record the amount received for each bond issued. When any bonds are paid the treasurer shall cancel them and shall enter, against the record of the bonds, the words, "paid and cancelled the .... day of ...., 1 ....," filling the blanks with the day, month, and year corresponding to the date of payment.
(Source: P.A. 89‑212, eff. 8‑4‑95.)

    (105 ILCS 5/19‑7) (from Ch. 122, par. 19‑7)
    Sec. 19‑7. Certified copy of resolution filed with county clerk‑Registry of bonds‑ Extension of tax.
    Whenever any school district having a population of less than 500,000 inhabitants is authorized to issue bonds, the recording officer thereof shall file in the office of the county clerk of each county in which any portion of the district is situated a certified copy of the resolution providing for their issuance and levying a tax to pay them. The county clerk shall prepare and keep in his office a registry of all such bonds which shall show the name of the issuing body and the date, amount, purpose, rate of interest and maturity of the bonds to be issued, and the county clerk, subject to the provisions of Section 7‑‑14 of this Act, annually shall extend taxes against all the taxable property situated in the county and contained in the district in amounts sufficient to pay maturing principal and interest, and such taxes shall be computed, extended and collected in the same manner as is now or may hereafter be provided for the computation, extension and collection of taxes for general corporate purposes for the issuing district. If no such certified copy of resolution has been filed with reference to any bonds heretofore authorized one shall promptly be filed.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑8) (from Ch. 122, par. 19‑8)
    Sec. 19‑8. Bonds to pay claims.
    Any school district or non‑high district operating under general law or special charter having a population of 500,000 or less is authorized to issue bonds for the purpose of paying orders issued for the wages of teachers, or for the payment of claims against any such district.
    Such bonds may be issued in an amount, including existing indebtedness, in excess of any statutory limitation as to debt.
(Source: P.A. 94‑234, eff. 7‑1‑06.)

    (105 ILCS 5/19‑9) (from Ch. 122, par. 19‑9)
    Sec. 19‑9. Resolution to issue bonds ‑ Submission to voters. Before any district as described in Section 19‑8 shall avail itself of the provisions of that section the governing body thereof shall examine and consider the several teachers' orders or claims, or both, proposed to be paid and if it appears that they were authorized and allowed for proper school purposes it shall adopt a resolution so declaring and set forth and describe in detail such teachers' orders and claims and the adoption of the resolution shall establish the validity thereof, notwithstanding the amount of such orders and claims may exceed in whole or in part any applicable statutory debt limit in force at the time the indebtedness evidenced by such orders and claims was incurred. The resolution shall also declare the intention of the district to issue bonds for the purpose of paying such teachers' orders or claims, or both, and direct that notice of such intention be published at least once in a newspaper published within the district and if there be no newspaper published within the district then notice shall be published in a newspaper having general circulation within the district. The notice shall set forth (1) the time within which a petition may be filed requesting the submission of the proposition to issue the bonds as hereinafter in this Section provided; (2) the specific number of voters required to sign the petition; and the date of the prospective referendum. The recording officer of the district shall provide a petition form to any individual requesting one. If within 30 days after such publication of such notice a petition is filed with the recording officer of the district, signed by the voters of the district equal to 10% or more of the registered voters of the district requesting that the proposition to issue bonds as authorized by Section 19‑8 be submitted to the voters thereof, then the district shall not be authorized to issue bonds as provided by Section 19‑8 until the proposition has been submitted to and approved by a majority of the voters voting on the proposition at a regular scheduled election. The board shall certify the proposition to the proper election authorities for submission in accordance with the general election law. If no such petition with the requisite number of signatures is filed within said 30 days, or if any and all petitions filed are invalid, then the district shall thereafter be authorized to issue bonds for the purposes and as provided in Section 19‑8.
(Source: P.A. 87‑767.)

    (105 ILCS 5/19‑10) (from Ch. 122, par. 19‑10)
    Sec. 19‑10. Payment of liabilities resulting from division of assets.
    Any school district having a population of 500,000 or less is authorized to issue bonds for the purpose of the payment of any liabilities or obligations imposed on such district resulting from the division of assets as provided by Article 7 of this Act or Article 5 of this Act as it existed prior to July 1, 1952.
    Within 90 days after the final order of the county board of school trustees dividing assets as a result of creating a new district the school board of such newly created district or the school board of a district a portion of whose territory is included within the newly created district shall pay any amounts due.
    The school board of a district obligated or liable under the provisions of this Section shall issue bonds to the extent necessary to enable the district to discharge its obligations unless funds can otherwise be made available for such purpose, and such bonds may be issued in an amount, including existing indebtedness, in excess of any statutory limitation as to debt but subject to the 5% constitutional limit.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑11) (from Ch. 122, par. 19‑11)
    Sec. 19‑11. Amount of indebtedness ‑ Interest and maturity. Any district which has complied with Section 19‑9 and which is authorized to issue bonds under Sections 19‑8, 19‑9 and 19‑10 shall adopt a resolution specifying the amount of indebtedness to be funded, whether for the purpose of paying claims, or for paying teachers' orders, or for paying liabilities or obligations imposed on any district resulting from the division of assets as provided by Article 7 of this Act or Article 5 of this Act as it existed prior to July 1, 1952. The resolution shall set forth the date, denomination, rate of interest and maturities of the bonds, fix all details with respect to the issue and execution thereof, and provide for the levy of a tax sufficient to pay both principal and interest of the bonds as they mature. The bonds shall bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, payable annually or semi‑annually, as the governing body may determine, and mature in not more than 20 years from date thereof.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86‑4.)

    (105 ILCS 5/19‑12) (from Ch. 122, par. 19‑12)
    Sec. 19‑12. Filing copy of resolution‑Extension of taxes.
    A certified copy of the resolution authorizing the issue of bonds under Sections 19‑‑8 through 19‑‑11 shall be filed with the county clerk of each county in which any portion of any such district is situated and the county clerk shall annually extend taxes against all of the taxable property situated in the county and contained in such district in amounts sufficient to pay maturing principal and interest of such bonds without limitation as to rate or amount and in addition to and in excess of any taxes that may now or hereafter be authorized to be levied by Sections 12‑‑11 and 12‑‑11.1 or 17‑‑2 through 17‑‑9.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑13) (from Ch. 122, par. 19‑13)
    Sec. 19‑13. Sale or exchange of bonds.
    Any bonds issued under Sections 19‑‑8 to 19‑‑11, inclusive, may be exchanged par for par for claims or unpaid orders for wages of teachers, or both, or may be sold and the proceeds received used to pay such claims or orders.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑14) (from Ch. 122, par. 19‑14)
    Sec. 19‑14. Validity of indebtedness‑Validity of bonds.
    Purchasers of such bonds shall not be obligated to inquire into the validity of the indebtedness funded, and bonds issued under sections 19‑‑8 through 19‑‑11 shall be the valid and binding obligations of the school district, notwithstanding the fact that the bonds, together with existing indebtedness, either in whole or in part, exceed any statutory debt limitation in force at the time the bonds are issued.
(Source: Laws 1961, p. 31.)


      (105 ILCS 5/prec. Sec. 19‑15 heading)
REFUNDING BONDS

    (105 ILCS 5/19‑15) (from Ch. 122, par. 19‑15)
    Sec. 19‑15. Authority to refund bonds.
    When a school district has issued bonds or other evidence of indebtedness for any purposes which are binding and subsisting legal obligations and remaining outstanding, the school board of the district may, upon the surrender of the bonds or other evidences of indebtedness, issue in lieu thereof to the holders or owners thereof or to other persons for money with which to pay them, new bonds or other evidences of indebtedness, according to the subsequent provisions of this Article.
    For the purposes of Sections 19‑‑15 through 19‑‑26 "school district" includes any non‑high school district.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑16) (from Ch. 122, par. 19‑16)
    Sec. 19‑16. Resolution for issuance.
    The corporate authorities of any school district, without submitting the question to the electors thereof for approval, may authorize by resolution the issuance of refunding bonds (1) to refund its bonds prior to their maturity; (2) to refund its unpaid matured bonds; (3) to refund matured coupons evidencing interest upon its unpaid bonds; (4) to refund interest at the coupon rate upon its unpaid matured bonds that has accrued since the maturity of those bonds; (5) to refund its bonds which by their terms are subject to redemption before maturity; and (6) to refund other valid and subsisting evidences of indebtedness that are due and payable. The refunding bonds and the procedure for issuing them shall comply with Sections 19‑‑5 through 19‑‑7.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑17) (from Ch. 122, par. 19‑17)
    Sec. 19‑17. Registrability ‑ Interest ‑ Time and place of payment. The refunding bonds may be made registerable as to principal and may bear interest at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, if issued before January 1, 1972 and not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, if issued after January 1, 1972, payable at such time and place as may be provided in the bond resolution. They shall remain valid even though one or more of the officers executing the bonds ceases to hold his or their offices before the bonds are delivered.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86‑4.)

    (105 ILCS 5/19‑18) (from Ch. 122, par. 19‑18)
    Sec. 19‑18. Details prescribed‑Levy and collection of tax.
    The resolution authorizing refunding bonds shall prescribe all details thereof and shall provide for the levy and collection of a direct annual tax upon all the taxable property within the school district sufficient to pay the principal thereof and interest thereon as it matures. The tax shall be levied and collected in like manner as the general taxes for the school district and shall not be included within any limitation of rate for general purposes as now or hereafter provided by law but shall be excluded therefrom and be in addition thereto and in excess thereof.
    A certified copy of the bond resolution shall be filed with the county clerk of the county in which the school district or any portion thereof is situated, and shall constitute the authority for the extension and collection of refunding bond and interest taxes as required by the constitution.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑19) (from Ch. 122, par. 19‑19)
    Sec. 19‑19. Sale or exchange‑Use of proceeds‑Cancellation.
    The refunding bonds may be exchanged for the bonds to be refunded on the basis of dollar for dollar for the par value of the bonds, interest coupons, and interest not represented by coupons, if any, or they may be sold at not less than their par value and accrued interest. The proceeds received from their sale shall be used to pay the bonds, interest coupons, and interest not represented by coupons, if any, without any prior appropriation therefor under any budget law.
    Bonds and interest coupons which have been received in exchange or paid shall be cancelled and the obligation for interest, not represented by coupons, which has been discharged, shall be evidenced by a written acknowledgment of the exchange or payment thereof.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑20) (from Ch. 122, par. 19‑20)
    Sec. 19‑20. Execution‑Maturity‑Callable.
    The refunding bonds shall be of such form and denomination, payable at such place, bear such date, and be executed by such officials as may be provided by the corporate authorities of the school district in the bond resolution. They shall mature within not to exceed 20 years from their date, and may be made callable on any interest payment date at par and accrued interest after notice has been given at the time and in the manner provided in the bond resolution.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑21) (from Ch. 122, par. 19‑21)
    Sec. 19‑21. Redemption of bonds.
    If there is no default in payment of the principal of or interest upon the refunding bonds, and a sum of money equal to the amount of interest that will accrue on the refunding bonds and a sum of money equal to the amount of principal that will become due thereon within the next 6 months period has been set aside, the treasurer of the school district shall use the money available from the proceeds of taxes levied for the payment of the refunding bonds in calling them for payment, if, by their terms, they are subject to redemption. However, a school district may provide in the bond resolution that whenever the school district is not in default in payment of the principal of or interest upon the refunding bonds and has set aside the sums of money provided in this section for interest accruing and principal maturing within the next 6 months period, the money available from the proceeds of taxes levied for the payment of refunding bonds shall be used, first, in the purchase of the refunding bonds at the lowest price obtainable, but not to exceed their par value and accrued interest, after sealed tenders for their purchase have been advertised for as may be directed by the corporate authorities thereof.
    Refunding bonds called for payment and paid or purchased under this section shall be marked paid and cancelled.
(Source: Laws 1963, p. 3062.)

    (105 ILCS 5/19‑22) (from Ch. 122, par. 19‑22)
    Sec. 19‑22. Reduction of tax levy‑Bonds purchased and cancelled.
    Whenever refunding bonds are purchased and cancelled as provided in Section 19‑‑21, the taxes thereafter to be extended for payment of the principal of and the interest on the remainder of the issue shall be reduced in an amount equal to the principal of and the interest that would have thereafter accrued upon the refunding bonds so cancelled. A resolution shall be adopted by the corporate authorities of the school district finding these facts. A certified copy of this resolution shall be filed with the county clerk specified in Section 19‑‑18, whereupon he shall reduce and extend such tax levies in accordance therewith.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑23) (from Ch. 122, par. 19‑23)
    Sec. 19‑23. Reduction of tax for payment of bonds refunded‑Use of tax receipts.
    Whenever refunding bonds are issued, proper reduction of taxes theretofore levied for the payment of the bonds refunded and next to be extended for collection shall be made by the county clerk upon receipt of a certificate signed by the treasurer of the school district, or by the president and clerk or other corresponding officers of the school district, showing the bonds refunded and the tax to be abated.
    Money which becomes available from taxes that were levied for prior years for payment of bonds or interest coupons that were paid or refunded before those taxes were collected, after payment of all warrants that may have been issued in anticipation of these taxes, shall be placed in the sinking fund account provided in Section 19‑‑24. It shall be used to purchase, call for payment, or to pay at maturity refunding bonds and interest thereon as herein provided.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑24) (from Ch. 122, par. 19‑24)
    Sec. 19‑24. Proceeds of taxes‑Special fund‑Use‑Investment.
    Money received from the proceeds of taxes levied for payment of the principal of and interest upon refunding bonds shall be deposited in a special fund of the school district, designated as the "Refunding Bond and Interest Sinking Fund Account of ....". This fund shall be applied to the purchase or payment of refunding bonds and the interest thereon as provided in Sections 19‑‑16 through 19‑‑26.
    If the money in this fund is not immediately necessary for the payment of refunding bonds or if refunding bonds can not be purchased before maturity, then, under the direction of the corporate authorities of the school district, the money may be invested by the treasurer of the school district in bonds or other interest bearing obligations of the United States or in bonds of the State of Illinois.
    The maturity date of the securities in which this money is invested shall be prior to the due date of any issue of refunding bonds of the investing school district. The corporate authorities may sell these securities whenever necessary to obtain cash to meet bond and interest payments.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑25) (from Ch. 122, par. 19‑25)
    Sec. 19‑25. Information to owners of bonds‑Refunding agreements.
    The corporate authorities of a school district may take any action that may be necessary to inform the owners of unpaid bonds regarding the financial condition of the school district, the necessity of refunding its unpaid bonds and readjusting the maturities thereof in order that sufficient taxes may be collected to take care of these bonds, and thus re‑establish the credit of the school district. The corporate authorities may enter into any agreement required to prepare and carry out any refunding plan and, without any previous appropriation therefor under any budget law, may incur and pay expenditures that may be necessary in order to accomplish the refunding of the bonds of the school district.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑26) (from Ch. 122, par. 19‑26)
    Sec. 19‑26. Construction and application of provisions. Sections 19‑16 through 19‑25 apply to any school district, regardless of the population of said school district and of the law under which it is organized and operating, and constitute complete authority for issuing refunding bonds as therein provided without reference to other laws. Those sections shall be construed as conferring powers in addition to, but not as limiting powers granted under, other laws or other provisions of this Act.
(Source: Laws 1961, p. 31.)


      (105 ILCS 5/prec. Sec. 19‑27 heading)
REFUNDING SURPLUS AFTER BONDS PAID

    (105 ILCS 5/19‑27) (from Ch. 122, par. 19‑27)
    Sec. 19‑27. Payment to treasurer.
    Whenever all the bonds of any school district have been paid and cancelled upon the records of the school treasurer and there remains in the hands of the county collector or any ex‑county collector, the county treasurer, or ex‑county treasurer, any balance to the credit of the bond fund of the school township, the county collector or ex‑county collector, county treasurer or ex‑county treasurer shall pay to the school treasurer the balance of such funds in his hands and the school treasurer shall give his receipt therefor.
(Source: Laws 1961, p. 31.)

    (105 ILCS 5/19‑28) (from Ch. 122, par. 19‑28)
    Sec. 19‑28. Distribution and apportionment.
    At the first regular semi‑annual meeting of the trustees of the township after the receipt of the funds mentioned in Section 19‑‑27, they shall distribute and apportion the funds among the districts or fractions of districts of the township whose treasurer is the township treasurer, and among the school boards or board of incorporated cities, towns or school districts in such township having a treasurer other than the township treasurer, in proportion to the number of children under 21 years of age in each. The funds thus apportioned shall be placed on the books of the treasurer to the credit of the respective districts and the same shall be paid out by the treasurer on the legal orders of the school boards of the proper districts, except such part of the fund as may be payable to the boards of education of incorporated cities, towns or school districts having a treasurer other than the township treasurer, which portion of the fund shall be paid by the township treasurer to the treasurer of the board of education.
(Source: P.A. 86‑1441.)

    (105 ILCS 5/19‑29) (from Ch. 122, par. 19‑29)
    Sec. 19‑29. Computation of debt incurring power. In computing the debt incurring power of any school district where there has been included in any such school district only a part of any former school district which at the time of such inclusion has outstanding bonded indebtedness, a proportionate amount of such bonded indebtedness shall be chargeable to such school district based upon the ratio that the assessed valuation of taxable property as equalized and determined by the Department of Revenue in that part of the territory of such former school district that has been included in any such school district bears to the total assessed valuation of the former school district as equalized and determined by the Department of Revenue for the year in which the change occurred, and the proportionate amount of such bonded indebtedness shall be chargeable against such school district in determining its debt incurring power.
(Source: P.A. 81‑1509.)

    (105 ILCS 5/19‑30) (from Ch. 122, par. 19‑30)
    Sec. 19‑30. Any school district which, pursuant to Section 10‑22.31b of this Act, has entered into a joint agreement with one or more school districts to acquire, build, establish and maintain sites and buildings for area vocational purposes may by proper resolution borrow money for the purpose of acquiring sites and buildings and building, equipping, improving and remodeling buildings and sites for vocational education purposes and as evidence of such indebtedness issue bonds without referendum, provided that the project which is the subject of such joint agreement has been designated by the State Board of Vocational Education and Rehabilitation as an Area Secondary Vocational Center, and further provided (a) that such district has been authorized by referendum to impose the tax under Section 17‑2.4 of this Act, or (b) that such district, not having been so authorized by such referendum, by resolution has authorized the payment of its proportionate share of the cost of the area vocational center under such agreement from funds raised by building tax levies. The proceeds of the sale of such bonds may, in the discretion of the school board of the district issuing such bonds, be transferred to the Capital Development Board, any other school district which is a party to such joint agreement or the State or any of its agencies provided, however, that such board first determines that such transfer is necessary in order to accomplish the purposes for which such bonds are issued. The amount of the bonds issued by any such participating school district shall not exceed the district's estimated proportionate share of the cost of the area vocational center as budgeted under such agreement and as certified by the State Board of Vocational Education and Rehabilitation, and provided that (a) any such participating district which has been authorized by referendum to impose the tax under Section 17‑2.4 of this Act, shall thereafter reduce the maximum statutory amount which may be raised by such levy under Section 17‑2.4 to the extent of the total amount to be yielded by the imposition of the tax authorized by this Section, and (b) any such participating district, not having been so authorized by such referendum, but having by resolution authorized the payment of its proportionate share of the cost of the area vocational center under such joint agreement from funds raised by building tax levies, shall thereafter, annually reduce the maximum statutory amount which may be raised by such building tax levies to the extent of the amount to be yielded annually by the imposition of the tax authorized by this Section. Such bonds shall bear interest at a rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, and shall mature within 20 years from date.
    The failure on the part of a school district to abate or reduce such taxes as described in (a) and (b) shall not constitute a forfeiture by the district of its right to levy the direct annual tax authorized by this Section.
    In order to authorize and issue such bonds, the school board shall adopt a resolution fixing the amount of the bonds, the date thereof, maturities thereof, rates of interest thereof, place of payment and denomination, which shall be in denominations of not less than $100 and not more than $5,000 and provide for the levy and collection of a direct annual tax upon all the taxable property in the school district sufficient to pay the principal of and interest on such bonds to maturity. Upon the filing in the office of the County Clerk or Clerks of the County or Counties in which the school district is located of a certified copy of such resolution it shall be the duty of such County Clerk or Clerks to extend the tax therefor, in addition to and in excess of all other taxes heretofore or hereafter authorized to be levied by such school district.
    This Section shall be cumulative and it shall constitute complete authority for site acquisitions and building programs and for the issuance of bonds as provided for hereunder, notwithstanding any other statute or law to the contrary.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 86‑4.)

    (105 ILCS 5/19‑31) (from Ch. 122, par. 19‑31)
    Sec. 19‑31. Any school district which, pursuant to Section 10‑22.31b of this Act, or under the provisions of the "Intergovernmental Cooperation Act", has entered into a joint agreement or contract with one or more school districts to acquire, build, establish and maintain sites and buildings for the education of one or more of the types of children with disabilities as defined in Sections 14‑1.02 through 14‑1.07 of this Act, may by proper resolution of the board borrow money for the purpose of acquiring sites and buildings and building, equipping, improving and remodeling buildings and sites for such special education purposes, and as evidence of such indebtedness issue bonds, provided that the project which is the subject of such joint agreement has been approved by the State Board of Education. The proceeds of the sale of such bonds may, in the discretion of the school board of the district issuing such bonds, be transferred to the Capital Development Board, any other school district which is a party to such joint agreement, or the State or any of its agencies provided, however, that such board first determines that such transfer is necessary in order to accomplish the purposes for which such bonds are issued. The amount of the bonds issued by any such participating school district shall not exceed the district's estimated proportionate share of the cost of such special education purposes as budgeted under such joint agreement or contract, and shall be amortized over a period not exceeding the number of years of levy remaining available to such participating school district under Section 17‑2.2a of this Act, and provided further that any such participating district shall thereafter reduce the maximum statutory amount which may be raised by the tax levy authorized under Section 17‑2.2a of this Act to the extent of the total amount to be yielded by the imposition of the tax authorized by this Section. The failure on the part of a school district to abate or reduce such taxes shall not however constitute a forfeiture by the district of its right to levy the direct annual tax authorized by this Section.
    Such bonds shall bear interest at a rate of not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, and shall mature within 8 years from the date of issuance. In order to authorize and issue such bonds, the school board shall adopt a resolution fixing the amount of the bonds, the date thereof, maturities thereof, rates of interest thereof, place of payment and denomination, which shall be in denominations of not less than $100 and not more than $5,000 and provide for the levy and collection of a direct annual tax upon all the taxable property in the school district sufficient to pay the principal of and interest on such bonds to maturity, but not to exceed the levy authorized under Section 17‑2.2a. Upon the filing in the office of the County Clerk or Clerks of the County or Counties in which the school district is located of a certified copy of such resolution it shall be the duty of such County Clerk or Clerks to extend the tax therefor, in addition to and in excess of all other taxes heretofore or hereafter authorized to be levied by such school district.
    This Section shall be cumulative and it shall constitute complete authority for site acquisitions and building programs and for the issuance of bonds as provided for hereunder, notwithstanding any other statute or law to the contrary.
    Notwithstanding the other provisions of this Section, any school district qualifying for a special education construction grant pursuant to the Capital Development Board Act may finance the construction project by levying the tax authorized by Section 17‑2.2a and issuing bonds in the manner provided for in this Section at a rate not to exceed the maximum rate authorized by the Bond Authorization Act, as amended at the time of the making of the contract, with a maturity date not more than 20 years from the date of issuance.
    With respect to instruments for the payment of money issued under this Section either before, on, or after the effective date of this amendatory Act of 1989, it is and always has been the intention of the General Assembly (i) that the Omnibus Bond Acts are and always have been supplementary grants of power to issue instruments in accordance with the Omnibus Bond Acts, regardless of any provision of this Act that may appear to be or to have been more restrictive than those Acts, (ii) that the provisions of this Section are not a limitation on the supplementary authority granted by the Omnibus Bond Acts, and (iii) that instruments issued under this Section within the supplementary authority granted by the Omnibus Bond Acts are not invalid because of any provision of this Act that may appear to be or to have been more restrictive than those Acts.
(Source: P.A. 89‑397, eff. 8‑20‑95.)

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