Bill Text: IL HB1561 | 2019-2020 | 101st General Assembly | Enrolled


Bill Title: Amends the School Safety Drill Act. Requires all school boards of school districts to develop threat assessment protocols and to create threat assessment teams. Provides that the threat assessment team shall include specified personnel and other members. Provides that a threat assessment protocol adopted by the school board shall be a public document and be posted on the school district's website. Provides that a school board shall create the threat assessment team within 30 days after the effective date of the amendatory Act and adopt an initial threat assessment protocol within 90 days after the effective date of the amendatory Act. Provides that a school district may share information concerning a clear and present danger with another school district and creates a conforming exemption in the Illinois School Student Records Act. Creates exemptions for the work of the threat assessment team in the Open Meetings Act and the Freedom of Information Act. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 8-3)

Status: (Enrolled) 2019-05-30 - Added Co-Sponsor Rep. Mark Batinick [HB1561 Detail]

Download: Illinois-2019-HB1561-Enrolled.html



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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
6 (5 ILCS 140/7) (from Ch. 116, par. 207)
7 Sec. 7. Exemptions.
8 (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16 (a) Information specifically prohibited from
17 disclosure by federal or State law or rules and regulations
18 implementing federal or State law.
19 (b) Private information, unless disclosure is required
20 by another provision of this Act, a State or federal law or
21 a court order.
22 (b-5) Files, documents, and other data or databases
23 maintained by one or more law enforcement agencies and

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1 specifically designed to provide information to one or more
2 law enforcement agencies regarding the physical or mental
3 status of one or more individual subjects.
4 (c) Personal information contained within public
5 records, the disclosure of which would constitute a clearly
6 unwarranted invasion of personal privacy, unless the
7 disclosure is consented to in writing by the individual
8 subjects of the information. "Unwarranted invasion of
9 personal privacy" means the disclosure of information that
10 is highly personal or objectionable to a reasonable person
11 and in which the subject's right to privacy outweighs any
12 legitimate public interest in obtaining the information.
13 The disclosure of information that bears on the public
14 duties of public employees and officials shall not be
15 considered an invasion of personal privacy.
16 (d) Records in the possession of any public body
17 created in the course of administrative enforcement
18 proceedings, and any law enforcement or correctional
19 agency for law enforcement purposes, but only to the extent
20 that disclosure would:
21 (i) interfere with pending or actually and
22 reasonably contemplated law enforcement proceedings
23 conducted by any law enforcement or correctional
24 agency that is the recipient of the request;
25 (ii) interfere with active administrative
26 enforcement proceedings conducted by the public body

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1 that is the recipient of the request;
2 (iii) create a substantial likelihood that a
3 person will be deprived of a fair trial or an impartial
4 hearing;
5 (iv) unavoidably disclose the identity of a
6 confidential source, confidential information
7 furnished only by the confidential source, or persons
8 who file complaints with or provide information to
9 administrative, investigative, law enforcement, or
10 penal agencies; except that the identities of
11 witnesses to traffic accidents, traffic accident
12 reports, and rescue reports shall be provided by
13 agencies of local government, except when disclosure
14 would interfere with an active criminal investigation
15 conducted by the agency that is the recipient of the
16 request;
17 (v) disclose unique or specialized investigative
18 techniques other than those generally used and known or
19 disclose internal documents of correctional agencies
20 related to detection, observation or investigation of
21 incidents of crime or misconduct, and disclosure would
22 result in demonstrable harm to the agency or public
23 body that is the recipient of the request;
24 (vi) endanger the life or physical safety of law
25 enforcement personnel or any other person; or
26 (vii) obstruct an ongoing criminal investigation

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1 by the agency that is the recipient of the request.
2 (d-5) A law enforcement record created for law
3 enforcement purposes and contained in a shared electronic
4 record management system if the law enforcement agency that
5 is the recipient of the request did not create the record,
6 did not participate in or have a role in any of the events
7 which are the subject of the record, and only has access to
8 the record through the shared electronic record management
9 system.
10 (e) Records that relate to or affect the security of
11 correctional institutions and detention facilities.
12 (e-5) Records requested by persons committed to the
13 Department of Corrections, Department of Human Services
14 Division of Mental Health, or a county jail if those
15 materials are available in the library of the correctional
16 institution or facility or jail where the inmate is
17 confined.
18 (e-6) Records requested by persons committed to the
19 Department of Corrections, Department of Human Services
20 Division of Mental Health, or a county jail if those
21 materials include records from staff members' personnel
22 files, staff rosters, or other staffing assignment
23 information.
24 (e-7) Records requested by persons committed to the
25 Department of Corrections or Department of Human Services
26 Division of Mental Health if those materials are available

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1 through an administrative request to the Department of
2 Corrections or Department of Human Services Division of
3 Mental Health.
4 (e-8) Records requested by a person committed to the
5 Department of Corrections, Department of Human Services
6 Division of Mental Health, or a county jail, the disclosure
7 of which would result in the risk of harm to any person or
8 the risk of an escape from a jail or correctional
9 institution or facility.
10 (e-9) Records requested by a person in a county jail or
11 committed to the Department of Corrections or Department of
12 Human Services Division of Mental Health, containing
13 personal information pertaining to the person's victim or
14 the victim's family, including, but not limited to, a
15 victim's home address, home telephone number, work or
16 school address, work telephone number, social security
17 number, or any other identifying information, except as may
18 be relevant to a requester's current or potential case or
19 claim.
20 (e-10) Law enforcement records of other persons
21 requested by a person committed to the Department of
22 Corrections, Department of Human Services Division of
23 Mental Health, or a county jail, including, but not limited
24 to, arrest and booking records, mug shots, and crime scene
25 photographs, except as these records may be relevant to the
26 requester's current or potential case or claim.

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1 (f) Preliminary drafts, notes, recommendations,
2 memoranda and other records in which opinions are
3 expressed, or policies or actions are formulated, except
4 that a specific record or relevant portion of a record
5 shall not be exempt when the record is publicly cited and
6 identified by the head of the public body. The exemption
7 provided in this paragraph (f) extends to all those records
8 of officers and agencies of the General Assembly that
9 pertain to the preparation of legislative documents.
10 (g) Trade secrets and commercial or financial
11 information obtained from a person or business where the
12 trade secrets or commercial or financial information are
13 furnished under a claim that they are proprietary,
14 privileged or confidential, and that disclosure of the
15 trade secrets or commercial or financial information would
16 cause competitive harm to the person or business, and only
17 insofar as the claim directly applies to the records
18 requested.
19 The information included under this exemption includes
20 all trade secrets and commercial or financial information
21 obtained by a public body, including a public pension fund,
22 from a private equity fund or a privately held company
23 within the investment portfolio of a private equity fund as
24 a result of either investing or evaluating a potential
25 investment of public funds in a private equity fund. The
26 exemption contained in this item does not apply to the

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1 aggregate financial performance information of a private
2 equity fund, nor to the identity of the fund's managers or
3 general partners. The exemption contained in this item does
4 not apply to the identity of a privately held company
5 within the investment portfolio of a private equity fund,
6 unless the disclosure of the identity of a privately held
7 company may cause competitive harm.
8 Nothing contained in this paragraph (g) shall be
9 construed to prevent a person or business from consenting
10 to disclosure.
11 (h) Proposals and bids for any contract, grant, or
12 agreement, including information which if it were
13 disclosed would frustrate procurement or give an advantage
14 to any person proposing to enter into a contractor
15 agreement with the body, until an award or final selection
16 is made. Information prepared by or for the body in
17 preparation of a bid solicitation shall be exempt until an
18 award or final selection is made.
19 (i) Valuable formulae, computer geographic systems,
20 designs, drawings and research data obtained or produced by
21 any public body when disclosure could reasonably be
22 expected to produce private gain or public loss. The
23 exemption for "computer geographic systems" provided in
24 this paragraph (i) does not extend to requests made by news
25 media as defined in Section 2 of this Act when the
26 requested information is not otherwise exempt and the only

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1 purpose of the request is to access and disseminate
2 information regarding the health, safety, welfare, or
3 legal rights of the general public.
4 (j) The following information pertaining to
5 educational matters:
6 (i) test questions, scoring keys and other
7 examination data used to administer an academic
8 examination;
9 (ii) information received by a primary or
10 secondary school, college, or university under its
11 procedures for the evaluation of faculty members by
12 their academic peers;
13 (iii) information concerning a school or
14 university's adjudication of student disciplinary
15 cases, but only to the extent that disclosure would
16 unavoidably reveal the identity of the student; and
17 (iv) course materials or research materials used
18 by faculty members.
19 (k) Architects' plans, engineers' technical
20 submissions, and other construction related technical
21 documents for projects not constructed or developed in
22 whole or in part with public funds and the same for
23 projects constructed or developed with public funds,
24 including but not limited to power generating and
25 distribution stations and other transmission and
26 distribution facilities, water treatment facilities,

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1 airport facilities, sport stadiums, convention centers,
2 and all government owned, operated, or occupied buildings,
3 but only to the extent that disclosure would compromise
4 security.
5 (l) Minutes of meetings of public bodies closed to the
6 public as provided in the Open Meetings Act until the
7 public body makes the minutes available to the public under
8 Section 2.06 of the Open Meetings Act.
9 (m) Communications between a public body and an
10 attorney or auditor representing the public body that would
11 not be subject to discovery in litigation, and materials
12 prepared or compiled by or for a public body in
13 anticipation of a criminal, civil or administrative
14 proceeding upon the request of an attorney advising the
15 public body, and materials prepared or compiled with
16 respect to internal audits of public bodies.
17 (n) Records relating to a public body's adjudication of
18 employee grievances or disciplinary cases; however, this
19 exemption shall not extend to the final outcome of cases in
20 which discipline is imposed.
21 (o) Administrative or technical information associated
22 with automated data processing operations, including but
23 not limited to software, operating protocols, computer
24 program abstracts, file layouts, source listings, object
25 modules, load modules, user guides, documentation
26 pertaining to all logical and physical design of

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1 computerized systems, employee manuals, and any other
2 information that, if disclosed, would jeopardize the
3 security of the system or its data or the security of
4 materials exempt under this Section.
5 (p) Records relating to collective negotiating matters
6 between public bodies and their employees or
7 representatives, except that any final contract or
8 agreement shall be subject to inspection and copying.
9 (q) Test questions, scoring keys, and other
10 examination data used to determine the qualifications of an
11 applicant for a license or employment.
12 (r) The records, documents, and information relating
13 to real estate purchase negotiations until those
14 negotiations have been completed or otherwise terminated.
15 With regard to a parcel involved in a pending or actually
16 and reasonably contemplated eminent domain proceeding
17 under the Eminent Domain Act, records, documents and
18 information relating to that parcel shall be exempt except
19 as may be allowed under discovery rules adopted by the
20 Illinois Supreme Court. The records, documents and
21 information relating to a real estate sale shall be exempt
22 until a sale is consummated.
23 (s) Any and all proprietary information and records
24 related to the operation of an intergovernmental risk
25 management association or self-insurance pool or jointly
26 self-administered health and accident cooperative or pool.

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1 Insurance or self insurance (including any
2 intergovernmental risk management association or self
3 insurance pool) claims, loss or risk management
4 information, records, data, advice or communications.
5 (t) Information contained in or related to
6 examination, operating, or condition reports prepared by,
7 on behalf of, or for the use of a public body responsible
8 for the regulation or supervision of financial
9 institutions or insurance companies, unless disclosure is
10 otherwise required by State law.
11 (u) Information that would disclose or might lead to
12 the disclosure of secret or confidential information,
13 codes, algorithms, programs, or private keys intended to be
14 used to create electronic or digital signatures under the
15 Electronic Commerce Security Act.
16 (v) Vulnerability assessments, security measures, and
17 response policies or plans that are designed to identify,
18 prevent, or respond to potential attacks upon a community's
19 population or systems, facilities, or installations, the
20 destruction or contamination of which would constitute a
21 clear and present danger to the health or safety of the
22 community, but only to the extent that disclosure could
23 reasonably be expected to jeopardize the effectiveness of
24 the measures or the safety of the personnel who implement
25 them or the public. Information exempt under this item may
26 include such things as details pertaining to the

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1 mobilization or deployment of personnel or equipment, to
2 the operation of communication systems or protocols, or to
3 tactical operations.
4 (w) (Blank).
5 (x) Maps and other records regarding the location or
6 security of generation, transmission, distribution,
7 storage, gathering, treatment, or switching facilities
8 owned by a utility, by a power generator, or by the
9 Illinois Power Agency.
10 (y) Information contained in or related to proposals,
11 bids, or negotiations related to electric power
12 procurement under Section 1-75 of the Illinois Power Agency
13 Act and Section 16-111.5 of the Public Utilities Act that
14 is determined to be confidential and proprietary by the
15 Illinois Power Agency or by the Illinois Commerce
16 Commission.
17 (z) Information about students exempted from
18 disclosure under Sections 10-20.38 or 34-18.29 of the
19 School Code, and information about undergraduate students
20 enrolled at an institution of higher education exempted
21 from disclosure under Section 25 of the Illinois Credit
22 Card Marketing Act of 2009.
23 (aa) Information the disclosure of which is exempted
24 under the Viatical Settlements Act of 2009.
25 (bb) Records and information provided to a mortality
26 review team and records maintained by a mortality review

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1 team appointed under the Department of Juvenile Justice
2 Mortality Review Team Act.
3 (cc) Information regarding interments, entombments, or
4 inurnments of human remains that are submitted to the
5 Cemetery Oversight Database under the Cemetery Care Act or
6 the Cemetery Oversight Act, whichever is applicable.
7 (dd) Correspondence and records (i) that may not be
8 disclosed under Section 11-9 of the Illinois Public Aid
9 Code or (ii) that pertain to appeals under Section 11-8 of
10 the Illinois Public Aid Code.
11 (ee) The names, addresses, or other personal
12 information of persons who are minors and are also
13 participants and registrants in programs of park
14 districts, forest preserve districts, conservation
15 districts, recreation agencies, and special recreation
16 associations.
17 (ff) The names, addresses, or other personal
18 information of participants and registrants in programs of
19 park districts, forest preserve districts, conservation
20 districts, recreation agencies, and special recreation
21 associations where such programs are targeted primarily to
22 minors.
23 (gg) Confidential information described in Section
24 1-100 of the Illinois Independent Tax Tribunal Act of 2012.
25 (hh) The report submitted to the State Board of
26 Education by the School Security and Standards Task Force

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1 under item (8) of subsection (d) of Section 2-3.160 of the
2 School Code and any information contained in that report.
3 (ii) Records requested by persons committed to or
4 detained by the Department of Human Services under the
5 Sexually Violent Persons Commitment Act or committed to the
6 Department of Corrections under the Sexually Dangerous
7 Persons Act if those materials: (i) are available in the
8 library of the facility where the individual is confined;
9 (ii) include records from staff members' personnel files,
10 staff rosters, or other staffing assignment information;
11 or (iii) are available through an administrative request to
12 the Department of Human Services or the Department of
13 Corrections.
14 (jj) Confidential information described in Section
15 5-535 of the Civil Administrative Code of Illinois.
16 (kk) Records concerning the work of the threat
17 assessment team of a school district.
18 (1.5) Any information exempt from disclosure under the
19Judicial Privacy Act shall be redacted from public records
20prior to disclosure under this Act.
21 (2) A public record that is not in the possession of a
22public body but is in the possession of a party with whom the
23agency has contracted to perform a governmental function on
24behalf of the public body, and that directly relates to the
25governmental function and is not otherwise exempt under this
26Act, shall be considered a public record of the public body,

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1for purposes of this Act.
2 (3) This Section does not authorize withholding of
3information or limit the availability of records to the public,
4except as stated in this Section or otherwise provided in this
5Act.
6(Source: P.A. 99-298, eff. 8-6-15; 99-346, eff. 1-1-16; 99-642,
7eff. 7-28-16; 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
8100-732, eff. 8-3-18.)
9 Section 10. The Innovation Development and Economy Act is
10amended by changing Section 10 as follows:
11 (50 ILCS 470/10)
12 Sec. 10. Definitions. As used in this Act, the following
13words and phrases shall have the following meanings unless a
14different meaning clearly appears from the context:
15 "Base year" means the calendar year immediately prior to
16the calendar year in which the STAR bond district is
17established.
18 "Commence work" means the manifest commencement of actual
19operations on the development site, such as, erecting a
20building, general on-site and off-site grading and utility
21installations, commencing design and construction
22documentation, ordering lead-time materials, excavating the
23ground to lay a foundation or a basement, or work of like
24description which a reasonable person would recognize as being

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1done with the intention and purpose to continue work until the
2project is completed.
3 "County" means the county in which a proposed STAR bond
4district is located.
5 "De minimis" means an amount less than 15% of the land area
6within a STAR bond district.
7 "Department of Revenue" means the Department of Revenue of
8the State of Illinois.
9 "Destination user" means an owner, operator, licensee,
10co-developer, subdeveloper, or tenant (i) that operates a
11business within a STAR bond district that is a retail store
12having at least 150,000 square feet of sales floor area; (ii)
13that at the time of opening does not have another Illinois
14location within a 70 mile radius; (iii) that has an annual
15average of not less than 30% of customers who travel from at
16least 75 miles away or from out-of-state, as demonstrated by
17data from a comparable existing store or stores, or, if there
18is no comparable existing store, as demonstrated by an economic
19analysis that shows that the proposed retailer will have an
20annual average of not less than 30% of customers who travel
21from at least 75 miles away or from out-of-state; and (iv) that
22makes an initial capital investment, including project costs
23and other direct costs, of not less than $30,000,000 for such
24retail store.
25 "Destination hotel" means a hotel (as that term is defined
26in Section 2 of the Hotel Operators' Occupation Tax Act)

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1complex having at least 150 guest rooms and which also includes
2a venue for entertainment attractions, rides, or other
3activities oriented toward the entertainment and amusement of
4its guests and other patrons.
5 "Developer" means any individual, corporation, trust,
6estate, partnership, limited liability partnership, limited
7liability company, or other entity. The term does not include a
8not-for-profit entity, political subdivision, or other agency
9or instrumentality of the State.
10 "Director" means the Director of Revenue, who shall consult
11with the Director of Commerce and Economic Opportunity in any
12approvals or decisions required by the Director under this Act.
13 "Economic impact study" means a study conducted by an
14independent economist to project the financial benefit of the
15proposed STAR bond project to the local, regional, and State
16economies, consider the proposed adverse impacts on similar
17projects and businesses, as well as municipalities within the
18projected market area, and draw conclusions about the net
19effect of the proposed STAR bond project on the local,
20regional, and State economies. A copy of the economic impact
21study shall be provided to the Director for review.
22 "Eligible area" means any improved or vacant area that (i)
23is contiguous and is not, in the aggregate, less than 250 acres
24nor more than 500 acres which must include only parcels of real
25property directly and substantially benefited by the proposed
26STAR bond district plan, (ii) is adjacent to a federal

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1interstate highway, (iii) is within one mile of 2 State
2highways, (iv) is within one mile of an entertainment user, or
3a major or minor league sports stadium or other similar
4entertainment venue that had an initial capital investment of
5at least $20,000,000, and (v) includes land that was previously
6surface or strip mined. The area may be bisected by streets,
7highways, roads, alleys, railways, bike paths, streams,
8rivers, and other waterways and still be deemed contiguous. In
9addition, in order to constitute an eligible area one of the
10following requirements must be satisfied and all of which are
11subject to the review and approval of the Director as provided
12in subsection (d) of Section 15:
13 (a) the governing body of the political subdivision
14 shall have determined that the area meets the requirements
15 of a "blighted area" as defined under the Tax Increment
16 Allocation Redevelopment Act; or
17 (b) the governing body of the political subdivision
18 shall have determined that the area is a blighted area as
19 determined under the provisions of Section 11-74.3-5 of the
20 Illinois Municipal Code; or
21 (c) the governing body of the political subdivision
22 shall make the following findings:
23 (i) that the vacant portions of the area have
24 remained vacant for at least one year, or that any
25 building located on a vacant portion of the property
26 was demolished within the last year and that the

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1 building would have qualified under item (ii) of this
2 subsection;
3 (ii) if portions of the area are currently
4 developed, that the use, condition, and character of
5 the buildings on the property are not consistent with
6 the purposes set forth in Section 5;
7 (iii) that the STAR bond district is expected to
8 create or retain job opportunities within the
9 political subdivision;
10 (iv) that the STAR bond district will serve to
11 further the development of adjacent areas;
12 (v) that without the availability of STAR bonds,
13 the projects described in the STAR bond district plan
14 would not be possible;
15 (vi) that the master developer meets high
16 standards of creditworthiness and financial strength
17 as demonstrated by one or more of the following: (i)
18 corporate debenture ratings of BBB or higher by
19 Standard & Poor's Corporation or Baa or higher by
20 Moody's Investors Service, Inc.; (ii) a letter from a
21 financial institution with assets of $10,000,000 or
22 more attesting to the financial strength of the master
23 developer; or (iii) specific evidence of equity
24 financing for not less than 10% of the estimated total
25 STAR bond project costs;
26 (vii) that the STAR bond district will strengthen

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1 the commercial sector of the political subdivision;
2 (viii) that the STAR bond district will enhance the
3 tax base of the political subdivision; and
4 (ix) that the formation of a STAR bond district is
5 in the best interest of the political subdivision.
6 "Entertainment user" means an owner, operator, licensee,
7co-developer, subdeveloper, or tenant that operates a business
8within a STAR bond district that has a primary use of providing
9a venue for entertainment attractions, rides, or other
10activities oriented toward the entertainment and amusement of
11its patrons, occupies at least 20 acres of land in the STAR
12bond district, and makes an initial capital investment,
13including project costs and other direct and indirect costs, of
14not less than $25,000,000 for that venue.
15 "Feasibility study" means a feasibility study as defined in
16subsection (b) of Section 20.
17 "Infrastructure" means the public improvements and private
18improvements that serve the public purposes set forth in
19Section 5 of this Act and that benefit the STAR bond district
20or any STAR bond projects, including, but not limited to,
21streets, drives and driveways, traffic and directional signs
22and signals, parking lots and parking facilities,
23interchanges, highways, sidewalks, bridges, underpasses and
24overpasses, bike and walking trails, sanitary storm sewers and
25lift stations, drainage conduits, channels, levees, canals,
26storm water detention and retention facilities, utilities and

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1utility connections, water mains and extensions, and street and
2parking lot lighting and connections.
3 "Local sales taxes" means any locally imposed taxes
4received by a municipality, county, or other local governmental
5entity arising from sales by retailers and servicemen within a
6STAR bond district, including business district sales taxes and
7STAR bond occupation taxes, and that portion of the net revenue
8realized under the Retailers' Occupation Tax Act, the Use Tax
9Act, the Service Use Tax Act, and the Service Occupation Tax
10Act from transactions at places of business located within a
11STAR bond district that is deposited into the Local Government
12Tax Fund and the County and Mass Transit District Fund. For the
13purpose of this Act, "local sales taxes" does not include (i)
14any taxes authorized pursuant to the Local Mass Transit
15District Act or the Metro-East Park and Recreation District Act
16for so long as the applicable taxing district does not impose a
17tax on real property, (ii) county school facility and resources
18occupation taxes imposed pursuant to Section 5-1006.7 of the
19Counties Code, or (iii) any taxes authorized under the Flood
20Prevention District Act.
21 "Local sales tax increment" means, with respect to local
22sales taxes administered by the Illinois Department of Revenue,
23(i) all of the local sales tax paid by destination users,
24destination hotels, and entertainment users that is in excess
25of the local sales tax paid by destination users, destination
26hotels, and entertainment users for the same month in the base

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1year, as determined by the Illinois Department of Revenue, (ii)
2in the case of a municipality forming a STAR bond district that
3is wholly within the corporate boundaries of the municipality
4and in the case of a municipality and county forming a STAR
5bond district that is only partially within such municipality,
6that portion of the local sales tax paid by taxpayers that are
7not destination users, destination hotels, or entertainment
8users that is in excess of the local sales tax paid by
9taxpayers that are not destination users, destination hotels,
10or entertainment users for the same month in the base year, as
11determined by the Illinois Department of Revenue, and (iii) in
12the case of a county in which a STAR bond district is formed
13that is wholly within a municipality, that portion of the local
14sales tax paid by taxpayers that are not destination users,
15destination hotels, or entertainment users that is in excess of
16the local sales tax paid by taxpayers that are not destination
17users, destination hotels, or entertainment users for the same
18month in the base year, as determined by the Illinois
19Department of Revenue, but only if the corporate authorities of
20the county adopts an ordinance, and files a copy with the
21Department within the same time frames as required for STAR
22bond occupation taxes under Section 31, that designates the
23taxes referenced in this clause (iii) as part of the local
24sales tax increment under this Act. "Local sales tax increment"
25means, with respect to local sales taxes administered by a
26municipality, county, or other unit of local government, that

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1portion of the local sales tax that is in excess of the local
2sales tax for the same month in the base year, as determined by
3the respective municipality, county, or other unit of local
4government. If any portion of local sales taxes are, at the
5time of formation of a STAR bond district, already subject to
6tax increment financing under the Tax Increment Allocation
7Redevelopment Act, then the local sales tax increment for such
8portion shall be frozen at the base year established in
9accordance with this Act, and all future incremental increases
10shall be included in the "local sales tax increment" under this
11Act. Any party otherwise entitled to receipt of incremental
12local sales tax revenues through an existing tax increment
13financing district shall be entitled to continue to receive
14such revenues up to the amount frozen in the base year. Nothing
15in this Act shall affect the prior qualification of existing
16redevelopment project costs incurred that are eligible for
17reimbursement under the Tax Increment Allocation Redevelopment
18Act. In such event, prior to approving a STAR bond district,
19the political subdivision forming the STAR bond district shall
20take such action as is necessary, including amending the
21existing tax increment financing district redevelopment plan,
22to carry out the provisions of this Act. The Illinois
23Department of Revenue shall allocate the local sales tax
24increment only if the local sales tax is administered by the
25Department.
26 "Market study" means a study to determine the ability of

HB1561 Enrolled- 24 -LRB101 07257 AXK 52296 b
1the proposed STAR bond project to gain market share locally and
2regionally and to remain profitable past the term of repayment
3of STAR bonds.
4 "Master developer" means a developer cooperating with a
5political subdivision to plan, develop, and implement a STAR
6bond project plan for a STAR bond district. Subject to the
7limitations of Section 25, the master developer may work with
8and transfer certain development rights to other developers for
9the purpose of implementing STAR bond project plans and
10achieving the purposes of this Act. A master developer for a
11STAR bond district shall be appointed by a political
12subdivision in the resolution establishing the STAR bond
13district, and the master developer must, at the time of
14appointment, own or have control of, through purchase
15agreements, option contracts, or other means, not less than 50%
16of the acreage within the STAR bond district and the master
17developer or its affiliate must have ownership or control on
18June 1, 2010.
19 "Master development agreement" means an agreement between
20the master developer and the political subdivision to govern a
21STAR bond district and any STAR bond projects.
22 "Municipality" means the city, village, or incorporated
23town in which a proposed STAR bond district is located.
24 "Pledged STAR revenues" means those sales tax and revenues
25and other sources of funds pledged to pay debt service on STAR
26bonds or to pay project costs pursuant to Section 30.

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1Notwithstanding any provision to the contrary, the following
2revenues shall not constitute pledged STAR revenues or be
3available to pay principal and interest on STAR bonds: any
4State sales tax increment or local sales tax increment from a
5retail entity initiating operations in a STAR bond district
6while terminating operations at another Illinois location
7within 25 miles of the STAR bond district. For purposes of this
8paragraph, "terminating operations" means a closing of a retail
9operation that is directly related to the opening of the same
10operation or like retail entity owned or operated by more than
1150% of the original ownership in a STAR bond district within
12one year before or after initiating operations in the STAR bond
13district, but it does not mean closing an operation for reasons
14beyond the control of the retail entity, as documented by the
15retail entity, subject to a reasonable finding by the
16municipality (or county if such retail operation is not located
17within a municipality) in which the terminated operations were
18located that the closed location contained inadequate space,
19had become economically obsolete, or was no longer a viable
20location for the retailer or serviceman.
21 "Political subdivision" means a municipality or county
22which undertakes to establish a STAR bond district pursuant to
23the provisions of this Act.
24 "Project costs" means and includes the sum total of all
25costs incurred or estimated to be incurred on or following the
26date of establishment of a STAR bond district that are

HB1561 Enrolled- 26 -LRB101 07257 AXK 52296 b
1reasonable or necessary to implement a STAR bond district plan
2or any STAR bond project plans, or both, including costs
3incurred for public improvements and private improvements that
4serve the public purposes set forth in Section 5 of this Act.
5Such costs include without limitation the following:
6 (a) costs of studies, surveys, development of plans and
7 specifications, formation, implementation, and
8 administration of a STAR bond district, STAR bond district
9 plan, any STAR bond projects, or any STAR bond project
10 plans, including, but not limited to, staff and
11 professional service costs for architectural, engineering,
12 legal, financial, planning, or other services, provided
13 however that no charges for professional services may be
14 based on a percentage of the tax increment collected and no
15 contracts for professional services, excluding
16 architectural and engineering services, may be entered
17 into if the terms of the contract extend beyond a period of
18 3 years;
19 (b) property assembly costs, including, but not
20 limited to, acquisition of land and other real property or
21 rights or interests therein, located within the boundaries
22 of a STAR bond district, demolition of buildings, site
23 preparation, site improvements that serve as an engineered
24 barrier addressing ground level or below ground
25 environmental contamination, including, but not limited
26 to, parking lots and other concrete or asphalt barriers,

HB1561 Enrolled- 27 -LRB101 07257 AXK 52296 b
1 the clearing and grading of land, and importing additional
2 soil and fill materials, or removal of soil and fill
3 materials from the site;
4 (c) subject to paragraph (d), costs of buildings and
5 other vertical improvements that are located within the
6 boundaries of a STAR bond district and owned by a political
7 subdivision or other public entity, including without
8 limitation police and fire stations, educational
9 facilities, and public restrooms and rest areas;
10 (c-1) costs of buildings and other vertical
11 improvements that are located within the boundaries of a
12 STAR bond district and owned by a destination user or
13 destination hotel; except that only 2 destination users in
14 a STAR bond district and one destination hotel are eligible
15 to include the cost of those vertical improvements as
16 project costs;
17 (c-5) costs of buildings; rides and attractions, which
18 include carousels, slides, roller coasters, displays,
19 models, towers, works of art, and similar theme and
20 amusement park improvements; and other vertical
21 improvements that are located within the boundaries of a
22 STAR bond district and owned by an entertainment user;
23 except that only one entertainment user in a STAR bond
24 district is eligible to include the cost of those vertical
25 improvements as project costs;
26 (d) costs of the design and construction of

HB1561 Enrolled- 28 -LRB101 07257 AXK 52296 b
1 infrastructure and public works located within the
2 boundaries of a STAR bond district that are reasonable or
3 necessary to implement a STAR bond district plan or any
4 STAR bond project plans, or both, except that project costs
5 shall not include the cost of constructing a new municipal
6 public building principally used to provide offices,
7 storage space, or conference facilities or vehicle
8 storage, maintenance, or repair for administrative, public
9 safety, or public works personnel and that is not intended
10 to replace an existing public building unless the political
11 subdivision makes a reasonable determination in a STAR bond
12 district plan or any STAR bond project plans, supported by
13 information that provides the basis for that
14 determination, that the new municipal building is required
15 to meet an increase in the need for public safety purposes
16 anticipated to result from the implementation of the STAR
17 bond district plan or any STAR bond project plans;
18 (e) costs of the design and construction of the
19 following improvements located outside the boundaries of a
20 STAR bond district, provided that the costs are essential
21 to further the purpose and development of a STAR bond
22 district plan and either (i) part of and connected to
23 sewer, water, or utility service lines that physically
24 connect to the STAR bond district or (ii) significant
25 improvements for adjacent offsite highways, streets,
26 roadways, and interchanges that are approved by the

HB1561 Enrolled- 29 -LRB101 07257 AXK 52296 b
1 Illinois Department of Transportation. No other cost of
2 infrastructure and public works improvements located
3 outside the boundaries of a STAR bond district may be
4 deemed project costs;
5 (f) costs of job training and retraining projects,
6 including the cost of "welfare to work" programs
7 implemented by businesses located within a STAR bond
8 district;
9 (g) financing costs, including, but not limited to, all
10 necessary and incidental expenses related to the issuance
11 of obligations and which may include payment of interest on
12 any obligations issued hereunder including interest
13 accruing during the estimated period of construction of any
14 improvements in a STAR bond district or any STAR bond
15 projects for which such obligations are issued and for not
16 exceeding 36 months thereafter and including reasonable
17 reserves related thereto;
18 (h) to the extent the political subdivision by written
19 agreement accepts and approves the same, all or a portion
20 of a taxing district's capital costs resulting from a STAR
21 bond district or STAR bond projects necessarily incurred or
22 to be incurred within a taxing district in furtherance of
23 the objectives of a STAR bond district plan or STAR bond
24 project plans;
25 (i) interest cost incurred by a developer for project
26 costs related to the acquisition, formation,

HB1561 Enrolled- 30 -LRB101 07257 AXK 52296 b
1 implementation, development, construction, and
2 administration of a STAR bond district, STAR bond district
3 plan, STAR bond projects, or any STAR bond project plans
4 provided that:
5 (i) payment of such costs in any one year may not
6 exceed 30% of the annual interest costs incurred by the
7 developer with regard to the STAR bond district or any
8 STAR bond projects during that year; and
9 (ii) the total of such interest payments paid
10 pursuant to this Act may not exceed 30% of the total
11 cost paid or incurred by the developer for a STAR bond
12 district or STAR bond projects, plus project costs,
13 excluding any property assembly costs incurred by a
14 political subdivision pursuant to this Act;
15 (j) costs of common areas located within the boundaries
16 of a STAR bond district;
17 (k) costs of landscaping and plantings, retaining
18 walls and fences, man-made lakes and ponds, shelters,
19 benches, lighting, and similar amenities located within
20 the boundaries of a STAR bond district;
21 (l) costs of mounted building signs, site monument, and
22 pylon signs located within the boundaries of a STAR bond
23 district; or
24 (m) if included in the STAR bond district plan and
25 approved in writing by the Director, salaries or a portion
26 of salaries for local government employees to the extent

HB1561 Enrolled- 31 -LRB101 07257 AXK 52296 b
1 the same are directly attributable to the work of such
2 employees on the establishment and management of a STAR
3 bond district or any STAR bond projects.
4 Except as specified in items (a) through (m), "project
5costs" shall not include:
6 (i) the cost of construction of buildings that are
7 privately owned or owned by a municipality and leased to a
8 developer or retail user for non-entertainment retail
9 uses;
10 (ii) moving expenses for employees of the businesses
11 locating within the STAR bond district;
12 (iii) property taxes for property located in the STAR
13 bond district;
14 (iv) lobbying costs; and
15 (v) general overhead or administrative costs of the
16 political subdivision that would still have been incurred
17 by the political subdivision if the political subdivision
18 had not established a STAR bond district.
19 "Project development agreement" means any one or more
20agreements, including any amendments thereto, between a master
21developer and any co-developer or subdeveloper in connection
22with a STAR bond project, which project development agreement
23may include the political subdivision as a party.
24 "Projected market area" means any area within the State in
25which a STAR bond district or STAR bond project is projected to
26have a significant fiscal or market impact as determined by the

HB1561 Enrolled- 32 -LRB101 07257 AXK 52296 b
1Director.
2 "Resolution" means a resolution, order, ordinance, or
3other appropriate form of legislative action of a political
4subdivision or other applicable public entity approved by a
5vote of a majority of a quorum at a meeting of the governing
6body of the political subdivision or applicable public entity.
7 "STAR bond" means a sales tax and revenue bond, note, or
8other obligation payable from pledged STAR revenues and issued
9by a political subdivision, the proceeds of which shall be used
10only to pay project costs as defined in this Act.
11 "STAR bond district" means the specific area declared to be
12an eligible area as determined by the political subdivision,
13and approved by the Director, in which the political
14subdivision may develop one or more STAR bond projects.
15 "STAR bond district plan" means the preliminary or
16conceptual plan that generally identifies the proposed STAR
17bond project areas and identifies in a general manner the
18buildings, facilities, and improvements to be constructed or
19improved in each STAR bond project area.
20 "STAR bond project" means a project within a STAR bond
21district which is approved pursuant to Section 20.
22 "STAR bond project area" means the geographic area within a
23STAR bond district in which there may be one or more STAR bond
24projects.
25 "STAR bond project plan" means the written plan adopted by
26a political subdivision for the development of a STAR bond

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1project in a STAR bond district; the plan may include, but is
2not limited to, (i) project costs incurred prior to the date of
3the STAR bond project plan and estimated future STAR bond
4project costs, (ii) proposed sources of funds to pay those
5costs, (iii) the nature and estimated term of any obligations
6to be issued by the political subdivision to pay those costs,
7(iv) the most recent equalized assessed valuation of the STAR
8bond project area, (v) an estimate of the equalized assessed
9valuation of the STAR bond district or applicable project area
10after completion of a STAR bond project, (vi) a general
11description of the types of any known or proposed developers,
12users, or tenants of the STAR bond project or projects included
13in the plan, (vii) a general description of the type,
14structure, and character of the property or facilities to be
15developed or improved, (viii) a description of the general land
16uses to apply to the STAR bond project, and (ix) a general
17description or an estimate of the type, class, and number of
18employees to be employed in the operation of the STAR bond
19project.
20 "State sales tax" means all of the net revenue realized
21under the Retailers' Occupation Tax Act, the Use Tax Act, the
22Service Use Tax Act, and the Service Occupation Tax Act from
23transactions at places of business located within a STAR bond
24district, excluding that portion of the net revenue realized
25under the Retailers' Occupation Tax Act, the Use Tax Act, the
26Service Use Tax Act, and the Service Occupation Tax Act from

HB1561 Enrolled- 34 -LRB101 07257 AXK 52296 b
1transactions at places of business located within a STAR bond
2district that is deposited into the Local Government Tax Fund
3and the County and Mass Transit District Fund.
4 "State sales tax increment" means (i) 100% of that portion
5of the State sales tax that is in excess of the State sales tax
6for the same month in the base year, as determined by the
7Department of Revenue, from transactions at up to 2 destination
8users, one destination hotel, and one entertainment user
9located within a STAR bond district, which destination users,
10destination hotel, and entertainment user shall be designated
11by the master developer and approved by the political
12subdivision and the Director in conjunction with the applicable
13STAR bond project approval, and (ii) 25% of that portion of the
14State sales tax that is in excess of the State sales tax for
15the same month in the base year, as determined by the
16Department of Revenue, from all other transactions within a
17STAR bond district. If any portion of State sales taxes are, at
18the time of formation of a STAR bond district, already subject
19to tax increment financing under the Tax Increment Allocation
20Redevelopment Act, then the State sales tax increment for such
21portion shall be frozen at the base year established in
22accordance with this Act, and all future incremental increases
23shall be included in the State sales tax increment under this
24Act. Any party otherwise entitled to receipt of incremental
25State sales tax revenues through an existing tax increment
26financing district shall be entitled to continue to receive

HB1561 Enrolled- 35 -LRB101 07257 AXK 52296 b
1such revenues up to the amount frozen in the base year. Nothing
2in this Act shall affect the prior qualification of existing
3redevelopment project costs incurred that are eligible for
4reimbursement under the Tax Increment Allocation Redevelopment
5Act. In such event, prior to approving a STAR bond district,
6the political subdivision forming the STAR bond district shall
7take such action as is necessary, including amending the
8existing tax increment financing district redevelopment plan,
9to carry out the provisions of this Act.
10 "Substantial change" means a change wherein the proposed
11STAR bond project plan differs substantially in size, scope, or
12use from the approved STAR bond district plan or STAR bond
13project plan.
14 "Taxpayer" means an individual, partnership, corporation,
15limited liability company, trust, estate, or other entity that
16is subject to the Illinois Income Tax Act.
17 "Total development costs" means the aggregate public and
18private investment in a STAR bond district, including project
19costs and other direct and indirect costs related to the
20development of the STAR bond district.
21 "Traditional retail use" means the operation of a business
22that derives at least 90% of its annual gross revenue from
23sales at retail, as that phrase is defined by Section 1 of the
24Retailers' Occupation Tax Act, but does not include the
25operations of destination users, entertainment users,
26restaurants, hotels, retail uses within hotels, or any other

HB1561 Enrolled- 36 -LRB101 07257 AXK 52296 b
1non-retail uses.
2 "Vacant" means that portion of the land in a proposed STAR
3bond district that is not occupied by a building, facility, or
4other vertical improvement.
5(Source: P.A. 99-642, eff. 7-28-16.)
6 Section 15. The Counties Code is amended by changing
7Section 5-1006.7 as follows:
8 (55 ILCS 5/5-1006.7)
9 Sec. 5-1006.7. School facility and resources occupation
10taxes.
11 (a) In any county, a tax shall be imposed upon all persons
12engaged in the business of selling tangible personal property,
13other than personal property titled or registered with an
14agency of this State's government, at retail in the county on
15the gross receipts from the sales made in the course of
16business to provide revenue to be used exclusively (i) for
17school facility purposes, (ii) school resource officers and
18mental health professionals, or (iii) school facility
19purposes, school resource officers, and mental health
20professionals if a proposition for the tax has been submitted
21to the electors of that county and approved by a majority of
22those voting on the question as provided in subsection (c). The
23tax under this Section shall be imposed only in one-quarter
24percent increments and may not exceed 1%.

HB1561 Enrolled- 37 -LRB101 07257 AXK 52296 b
1 This additional tax may not be imposed on tangible personal
2property taxed at the 1% rate under the Retailers' Occupation
3Tax Act. The Department of Revenue has full power to administer
4and enforce this subsection, to collect all taxes and penalties
5due under this subsection, to dispose of taxes and penalties so
6collected in the manner provided in this subsection, and to
7determine all rights to credit memoranda arising on account of
8the erroneous payment of a tax or penalty under this
9subsection. The Department shall deposit all taxes and
10penalties collected under this subsection into a special fund
11created for that purpose.
12 In the administration of and compliance with this
13subsection, the Department and persons who are subject to this
14subsection (i) have the same rights, remedies, privileges,
15immunities, powers, and duties, (ii) are subject to the same
16conditions, restrictions, limitations, penalties, and
17definitions of terms, and (iii) shall employ the same modes of
18procedure as are set forth in Sections 1 through 1o, 2 through
192-70 (in respect to all provisions contained in those Sections
20other than the State rate of tax), 2a through 2h, 3 (except as
21to the disposition of taxes and penalties collected), 4, 5, 5a,
225b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 6d,
237, 8, 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation
24Tax Act and all provisions of the Uniform Penalty and Interest
25Act as if those provisions were set forth in this subsection.
26 The certificate of registration that is issued by the

HB1561 Enrolled- 38 -LRB101 07257 AXK 52296 b
1Department to a retailer under the Retailers' Occupation Tax
2Act permits the retailer to engage in a business that is
3taxable without registering separately with the Department
4under an ordinance or resolution under this subsection.
5 Persons subject to any tax imposed under the authority
6granted in this subsection may reimburse themselves for their
7seller's tax liability by separately stating that tax as an
8additional charge, which may be stated in combination, in a
9single amount, with State tax that sellers are required to
10collect under the Use Tax Act, pursuant to any bracketed
11schedules set forth by the Department.
12 (b) If a tax has been imposed under subsection (a), then a
13service occupation tax must also be imposed at the same rate
14upon all persons engaged, in the county, in the business of
15making sales of service, who, as an incident to making those
16sales of service, transfer tangible personal property within
17the county as an incident to a sale of service.
18 This tax may not be imposed on tangible personal property
19taxed at the 1% rate under the Service Occupation Tax Act.
20 The tax imposed under this subsection and all civil
21penalties that may be assessed as an incident thereof shall be
22collected and enforced by the Department and deposited into a
23special fund created for that purpose. The Department has full
24power to administer and enforce this subsection, to collect all
25taxes and penalties due under this subsection, to dispose of
26taxes and penalties so collected in the manner provided in this

HB1561 Enrolled- 39 -LRB101 07257 AXK 52296 b
1subsection, and to determine all rights to credit memoranda
2arising on account of the erroneous payment of a tax or penalty
3under this subsection.
4 In the administration of and compliance with this
5subsection, the Department and persons who are subject to this
6subsection shall (i) have the same rights, remedies,
7privileges, immunities, powers and duties, (ii) be subject to
8the same conditions, restrictions, limitations, penalties and
9definition of terms, and (iii) employ the same modes of
10procedure as are set forth in Sections 2 (except that that
11reference to State in the definition of supplier maintaining a
12place of business in this State means the county), 2a through
132d, 3 through 3-50 (in respect to all provisions contained in
14those Sections other than the State rate of tax), 4 (except
15that the reference to the State shall be to the county), 5, 7,
168 (except that the jurisdiction to which the tax is a debt to
17the extent indicated in that Section 8 is the county), 9
18(except as to the disposition of taxes and penalties
19collected), 10, 11, 12 (except the reference therein to Section
202b of the Retailers' Occupation Tax Act), 13 (except that any
21reference to the State means the county), Section 15, 16, 17,
2218, 19, and 20 of the Service Occupation Tax Act and all
23provisions of the Uniform Penalty and Interest Act, as fully as
24if those provisions were set forth herein.
25 Persons subject to any tax imposed under the authority
26granted in this subsection may reimburse themselves for their

HB1561 Enrolled- 40 -LRB101 07257 AXK 52296 b
1serviceman's tax liability by separately stating the tax as an
2additional charge, which may be stated in combination, in a
3single amount, with State tax that servicemen are authorized to
4collect under the Service Use Tax Act, pursuant to any
5bracketed schedules set forth by the Department.
6 (c) The tax under this Section may not be imposed until the
7question of imposing the tax has been submitted to the electors
8of the county at a regular election and approved by a majority
9of the electors voting on the question. For all regular
10elections held prior to August 23, 2011 (the effective date of
11Public Act 97-542), upon a resolution by the county board or a
12resolution by school district boards that represent at least
1351% of the student enrollment within the county, the county
14board must certify the question to the proper election
15authority in accordance with the Election Code.
16 For all regular elections held prior to August 23, 2011
17(the effective date of Public Act 97-542), the election
18authority must submit the question in substantially the
19following form:
20 Shall (name of county) be authorized to impose a
21 retailers' occupation tax and a service occupation tax
22 (commonly referred to as a "sales tax") at a rate of
23 (insert rate) to be used exclusively for school facility
24 purposes?
25The election authority must record the votes as "Yes" or "No".
26 If a majority of the electors voting on the question vote

HB1561 Enrolled- 41 -LRB101 07257 AXK 52296 b
1in the affirmative, then the county may, thereafter, impose the
2tax.
3 For all regular elections held on or after August 23, 2011
4(the effective date of Public Act 97-542), the regional
5superintendent of schools for the county must, upon receipt of
6a resolution or resolutions of school district boards that
7represent more than 50% of the student enrollment within the
8county, certify the question to the proper election authority
9for submission to the electors of the county at the next
10regular election at which the question lawfully may be
11submitted to the electors, all in accordance with the Election
12Code.
13 For all regular elections held on or after August 23, 2011
14(the effective date of Public Act 97-542) and before the
15effective date of this amendatory Act of the 101st General
16Assembly, the election authority must submit the question in
17substantially the following form:
18 Shall a retailers' occupation tax and a service
19 occupation tax (commonly referred to as a "sales tax") be
20 imposed in (name of county) at a rate of (insert rate) to
21 be used exclusively for school facility purposes?
22The election authority must record the votes as "Yes" or "No".
23 If a majority of the electors voting on the question vote
24in the affirmative, then the tax shall be imposed at the rate
25set forth in the question.
26 For all regular elections held on or after the effective

HB1561 Enrolled- 42 -LRB101 07257 AXK 52296 b
1date of this amendatory Act of the 101st General Assembly, the
2election authority must submit the question as follows:
3 (1) If the referendum is to expand the use of revenues
4 from a currently imposed tax exclusively for school
5 facility purposes to include school resource officers and
6 mental health professionals, the question shall be in
7 substantially the following form:
8 In addition to school facility purposes, shall
9 (name of county) school districts be authorized to use
10 revenues from the tax commonly referred to as the
11 school facility sales tax that is currently imposed in
12 (name of county) at a rate of (insert rate) for school
13 resource officers and mental health professionals?
14 (2) If the referendum is to increase the rate of a tax
15 currently imposed exclusively for school facility purposes
16 at less than 1% and dedicate the additional revenues for
17 school resource officers and mental health professionals,
18 the question shall be in substantially the following form:
19 Shall the tax commonly referred to as the school
20 facility sales tax that is currently imposed in (name
21 of county) at the rate of (insert rate) be increased to
22 a rate of (insert rate) with the additional revenues
23 used exclusively for school resource officers and
24 mental health professionals?
25 (3) If the referendum is to impose a tax in a county
26 that has not previously imposed a tax under this Section

HB1561 Enrolled- 43 -LRB101 07257 AXK 52296 b
1 exclusively for school facility purposes, the question
2 shall be in substantially the following form:
3 Shall a retailers' occupation tax and a service
4 occupation tax (commonly referred to as a sales tax) be
5 imposed in (name of county) at a rate of (insert rate)
6 to be used exclusively for school facility purposes?
7 (4) If the referendum is to impose a tax in a county
8 that has not previously imposed a tax under this Section
9 exclusively for school resource officers and mental health
10 professionals, the question shall be in substantially the
11 following form:
12 Shall a retailers' occupation tax and a service
13 occupation tax (commonly referred to as a sales tax) be
14 imposed in (name of county) at a rate of (insert rate)
15 to be used exclusively for school resource officers and
16 mental health professionals?
17 (5) If the referendum is to impose a tax in a county
18 that has not previously imposed a tax under this Section
19 exclusively for school facility purposes, school resource
20 officers, and mental health professionals, the question
21 shall be in substantially the following form:
22 Shall a retailers' occupation tax and a service
23 occupation tax (commonly referred to as a sales tax) be
24 imposed in (name of county) at a rate of (insert rate)
25 to be used exclusively for school facility purposes,
26 school resource officers, and mental health

HB1561 Enrolled- 44 -LRB101 07257 AXK 52296 b
1 professionals?
2 The election authority must record the votes as "Yes" or
3"No".
4 If a majority of the electors voting on the question vote
5in the affirmative, then the tax shall be imposed at the rate
6set forth in the question.
7 For the purposes of this subsection (c), "enrollment" means
8the head count of the students residing in the county on the
9last school day of September of each year, which must be
10reported on the Illinois State Board of Education Public School
11Fall Enrollment/Housing Report.
12 (d) The Department shall immediately pay over to the State
13Treasurer, ex officio, as trustee, all taxes and penalties
14collected under this Section to be deposited into the School
15Facility Occupation Tax Fund, which shall be an unappropriated
16trust fund held outside the State treasury.
17 On or before the 25th day of each calendar month, the
18Department shall prepare and certify to the Comptroller the
19disbursement of stated sums of money to the regional
20superintendents of schools in counties from which retailers or
21servicemen have paid taxes or penalties to the Department
22during the second preceding calendar month. The amount to be
23paid to each regional superintendent of schools and disbursed
24to him or her in accordance with Section 3-14.31 of the School
25Code, is equal to the amount (not including credit memoranda)
26collected from the county under this Section during the second

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1preceding calendar month by the Department, (i) less 2% of that
2amount, which shall be deposited into the Tax Compliance and
3Administration Fund and shall be used by the Department,
4subject to appropriation, to cover the costs of the Department
5in administering and enforcing the provisions of this Section,
6on behalf of the county, (ii) plus an amount that the
7Department determines is necessary to offset any amounts that
8were erroneously paid to a different taxing body; (iii) less an
9amount equal to the amount of refunds made during the second
10preceding calendar month by the Department on behalf of the
11county; and (iv) less any amount that the Department determines
12is necessary to offset any amounts that were payable to a
13different taxing body but were erroneously paid to the county.
14When certifying the amount of a monthly disbursement to a
15regional superintendent of schools under this Section, the
16Department shall increase or decrease the amounts by an amount
17necessary to offset any miscalculation of previous
18disbursements within the previous 6 months from the time a
19miscalculation is discovered.
20 Within 10 days after receipt by the Comptroller from the
21Department of the disbursement certification to the regional
22superintendents of the schools provided for in this Section,
23the Comptroller shall cause the orders to be drawn for the
24respective amounts in accordance with directions contained in
25the certification.
26 If the Department determines that a refund should be made

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1under this Section to a claimant instead of issuing a credit
2memorandum, then the Department shall notify the Comptroller,
3who shall cause the order to be drawn for the amount specified
4and to the person named in the notification from the
5Department. The refund shall be paid by the Treasurer out of
6the School Facility Occupation Tax Fund.
7 (e) For the purposes of determining the local governmental
8unit whose tax is applicable, a retail sale by a producer of
9coal or another mineral mined in Illinois is a sale at retail
10at the place where the coal or other mineral mined in Illinois
11is extracted from the earth. This subsection does not apply to
12coal or another mineral when it is delivered or shipped by the
13seller to the purchaser at a point outside Illinois so that the
14sale is exempt under the United States Constitution as a sale
15in interstate or foreign commerce.
16 (f) Nothing in this Section may be construed to authorize a
17tax to be imposed upon the privilege of engaging in any
18business that under the Constitution of the United States may
19not be made the subject of taxation by this State.
20 (g) If a county board imposes a tax under this Section
21pursuant to a referendum held before August 23, 2011 (the
22effective date of Public Act 97-542) at a rate below the rate
23set forth in the question approved by a majority of electors of
24that county voting on the question as provided in subsection
25(c), then the county board may, by ordinance, increase the rate
26of the tax up to the rate set forth in the question approved by

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1a majority of electors of that county voting on the question as
2provided in subsection (c). If a county board imposes a tax
3under this Section pursuant to a referendum held before August
423, 2011 (the effective date of Public Act 97-542), then the
5board may, by ordinance, discontinue or reduce the rate of the
6tax. If a tax is imposed under this Section pursuant to a
7referendum held on or after August 23, 2011 (the effective date
8of Public Act 97-542) and before the effective date of this
9amendatory Act of the 101st General Assembly, then the county
10board may reduce or discontinue the tax, but only in accordance
11with subsection (h-5) of this Section. If a tax is imposed
12under this Section pursuant to a referendum held on or after
13the effective date of this amendatory Act of the 101st General
14Assembly, then the county board may reduce or discontinue the
15tax, but only in accordance with subsection (h-10). If,
16however, a school board issues bonds that are secured by the
17proceeds of the tax under this Section, then the county board
18may not reduce the tax rate or discontinue the tax if that rate
19reduction or discontinuance would adversely affect the school
20board's ability to pay the principal and interest on those
21bonds as they become due or necessitate the extension of
22additional property taxes to pay the principal and interest on
23those bonds. If the county board reduces the tax rate or
24discontinues the tax, then a referendum must be held in
25accordance with subsection (c) of this Section in order to
26increase the rate of the tax or to reimpose the discontinued

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1tax.
2 Until January 1, 2014, the results of any election that
3imposes, reduces, or discontinues a tax under this Section must
4be certified by the election authority, and any ordinance that
5increases or lowers the rate or discontinues the tax must be
6certified by the county clerk and, in each case, filed with the
7Illinois Department of Revenue either (i) on or before the
8first day of April, whereupon the Department shall proceed to
9administer and enforce the tax or change in the rate as of the
10first day of July next following the filing; or (ii) on or
11before the first day of October, whereupon the Department shall
12proceed to administer and enforce the tax or change in the rate
13as of the first day of January next following the filing.
14 Beginning January 1, 2014, the results of any election that
15imposes, reduces, or discontinues a tax under this Section must
16be certified by the election authority, and any ordinance that
17increases or lowers the rate or discontinues the tax must be
18certified by the county clerk and, in each case, filed with the
19Illinois Department of Revenue either (i) on or before the
20first day of May, whereupon the Department shall proceed to
21administer and enforce the tax or change in the rate as of the
22first day of July next following the filing; or (ii) on or
23before the first day of October, whereupon the Department shall
24proceed to administer and enforce the tax or change in the rate
25as of the first day of January next following the filing.
26 (h) For purposes of this Section, "school facility

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1purposes" means (i) the acquisition, development,
2construction, reconstruction, rehabilitation, improvement,
3financing, architectural planning, and installation of capital
4facilities consisting of buildings, structures, and durable
5equipment and for the acquisition and improvement of real
6property and interest in real property required, or expected to
7be required, in connection with the capital facilities and (ii)
8the payment of bonds or other obligations heretofore or
9hereafter issued, including bonds or other obligations
10heretofore or hereafter issued to refund or to continue to
11refund bonds or other obligations issued, for school facility
12purposes, provided that the taxes levied to pay those bonds are
13abated by the amount of the taxes imposed under this Section
14that are used to pay those bonds. "School-facility purposes"
15also includes fire prevention, safety, energy conservation,
16accessibility, school security, and specified repair purposes
17set forth under Section 17-2.11 of the School Code.
18 (h-5) A county board in a county where a tax has been
19imposed under this Section pursuant to a referendum held on or
20after August 23, 2011 (the effective date of Public Act 97-542)
21and before the effective date of this amendatory Act of the
22101st General Assembly may, by ordinance or resolution, submit
23to the voters of the county the question of reducing or
24discontinuing the tax. In the ordinance or resolution, the
25county board shall certify the question to the proper election
26authority in accordance with the Election Code. The election

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1authority must submit the question in substantially the
2following form:
3 Shall the school facility retailers' occupation tax
4 and service occupation tax (commonly referred to as the
5 "school facility sales tax") currently imposed in (name of
6 county) at a rate of (insert rate) be (reduced to (insert
7 rate))(discontinued)?
8If a majority of the electors voting on the question vote in
9the affirmative, then, subject to the provisions of subsection
10(g) of this Section, the tax shall be reduced or discontinued
11as set forth in the question.
12 (h-10) A county board in a county where a tax has been
13imposed under this Section pursuant to a referendum held on or
14after the effective date of this amendatory Act of the 101st
15General Assembly may, by ordinance or resolution, submit to the
16voters of the county the question of reducing or discontinuing
17the tax. In the ordinance or resolution, the county board shall
18certify the question to the proper election authority in
19accordance with the Election Code. The election authority must
20submit the question in substantially the following form:
21 Shall the school facility and resources retailers'
22 occupation tax and service occupation tax (commonly
23 referred to as the school facility and resources sales tax)
24 currently imposed in (name of county) at a rate of (insert
25 rate) be (reduced to (insert rate)) (discontinued)?
26 The election authority must record the votes as "Yes" or

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1"No".
2 If a majority of the electors voting on the question vote
3in the affirmative, then, subject to the provisions of
4subsection (g) of this Section, the tax shall be reduced or
5discontinued as set forth in the question.
6 (i) This Section does not apply to Cook County.
7 (j) This Section may be cited as the County School Facility
8and Resources Occupation Tax Law.
9(Source: P.A. 99-143, eff. 7-27-15; 99-217, eff. 7-31-15;
1099-642, eff. 7-28-16; 100-1171, eff. 1-4-19.)
11 Section 20. The School Code is amended by changing Sections
123-14.31, 10-20.43, 10-22.36, and 17-2.11 as follows:
13 (105 ILCS 5/3-14.31)
14 Sec. 3-14.31. School facility and resources occupation tax
15proceeds.
16 (a) Within 30 days after receiving any proceeds of a school
17facility and resources occupation tax under Section 5-1006.7 of
18the Counties Code, each regional superintendent must disburse
19those proceeds to each school district that is located in the
20county in which the tax was collected.
21 (b) The proceeds must be disbursed on an enrollment basis
22and allocated based upon the number of each school district's
23resident pupils that reside within the county collecting the
24tax divided by the total number of resident students within the

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1county.
2(Source: P.A. 95-675, eff. 10-11-07; 95-850, eff. 1-1-09.)
3 (105 ILCS 5/10-20.43)
4 Sec. 10-20.43. School facility and resources occupation
5tax fund. All proceeds received by a school district from a
6distribution under Section 3-14.31 must be maintained in a
7special fund known as the school facility and resources
8occupation tax fund. The district may use moneys in that fund
9only for school facility purposes, as that term is defined
10under Section 5-1006.7 of the Counties Code.
11(Source: P.A. 97-813, eff. 7-13-12.)
12 (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
13 Sec. 10-22.36. Buildings for school purposes. To build or
14purchase a building for school classroom or instructional
15purposes upon the approval of a majority of the voters upon the
16proposition at a referendum held for such purpose or in
17accordance with Section 17-2.11, 19-3.5, or 19-3.10. The board
18may initiate such referendum by resolution. The board shall
19certify the resolution and proposition to the proper election
20authority for submission in accordance with the general
21election law.
22 The questions of building one or more new buildings for
23school purposes or office facilities, and issuing bonds for the
24purpose of borrowing money to purchase one or more buildings or

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1sites for such buildings or office sites, to build one or more
2new buildings for school purposes or office facilities or to
3make additions and improvements to existing school buildings,
4may be combined into one or more propositions on the ballot.
5 Before erecting, or purchasing or remodeling such a
6building the board shall submit the plans and specifications
7respecting heating, ventilating, lighting, seating, water
8supply, toilets and safety against fire to the regional
9superintendent of schools having supervision and control over
10the district, for approval in accordance with Section 2-3.12.
11 Notwithstanding any of the foregoing, no referendum shall
12be required if the purchase, construction, or building of any
13such building (1) occurs while the building is being leased by
14the school district or (2) is paid with (A) funds derived from
15the sale or disposition of other buildings, land, or structures
16of the school district or (B) funds received (i) as a grant
17under the School Construction Law or (ii) as gifts or
18donations, provided that no funds to purchase, construct, or
19build such building, other than lease payments, are derived
20from the district's bonded indebtedness or the tax levy of the
21district.
22 Notwithstanding any of the foregoing, no referendum shall
23be required if the purchase, construction, or building of any
24such building is paid with funds received from the County
25School Facility and Resources Occupation Tax Law under Section
265-1006.7 of the Counties Code or from the proceeds of bonds or

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1other debt obligations secured by revenues obtained from that
2Law.
3(Source: P.A. 96-517, eff. 8-14-09; 97-542, eff. 8-23-11.)
4 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
5 Sec. 17-2.11. School board power to levy a tax or to borrow
6money and issue bonds for fire prevention, safety, energy
7conservation, accessibility, school security, and specified
8repair purposes.
9 (a) Whenever, as a result of any lawful order of any
10agency, other than a school board, having authority to enforce
11any school building code applicable to any facility that houses
12students, or any law or regulation for the protection and
13safety of the environment, pursuant to the Environmental
14Protection Act, any school district having a population of less
15than 500,000 inhabitants is required to alter or reconstruct
16any school building or permanent, fixed equipment; the district
17may, by proper resolution, levy a tax for the purpose of making
18such alteration or reconstruction, based on a survey report by
19an architect or engineer licensed in this State, upon all of
20the taxable property of the district at the value as assessed
21by the Department of Revenue and at a rate not to exceed 0.05%
22per year for a period sufficient to finance such alteration or
23reconstruction, upon the following conditions:
24 (1) When there are not sufficient funds available in
25 the operations and maintenance fund of the school district,

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1 the school facility occupation tax fund of the district, or
2 the fire prevention and safety fund of the district, as
3 determined by the district on the basis of rules adopted by
4 the State Board of Education, to make such alteration or
5 reconstruction or to purchase and install such permanent,
6 fixed equipment so ordered or determined as necessary.
7 Appropriate school district records must be made available
8 to the State Superintendent of Education, upon request, to
9 confirm this insufficiency.
10 (2) When a certified estimate of an architect or
11 engineer licensed in this State stating the estimated
12 amount necessary to make the alteration or reconstruction
13 or to purchase and install the equipment so ordered has
14 been secured by the school district, and the estimate has
15 been approved by the regional superintendent of schools
16 having jurisdiction over the district and the State
17 Superintendent of Education. Approval must not be granted
18 for any work that has already started without the prior
19 express authorization of the State Superintendent of
20 Education. If the estimate is not approved or is denied
21 approval by the regional superintendent of schools within 3
22 months after the date on which it is submitted to him or
23 her, the school board of the district may submit the
24 estimate directly to the State Superintendent of Education
25 for approval or denial.
26 In the case of an emergency situation, where the estimated

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1cost to effectuate emergency repairs is less than the amount
2specified in Section 10-20.21 of this Code, the school district
3may proceed with such repairs prior to approval by the State
4Superintendent of Education, but shall comply with the
5provisions of subdivision (2) of this subsection (a) as soon
6thereafter as may be as well as Section 10-20.21 of this Code.
7If the estimated cost to effectuate emergency repairs is
8greater than the amount specified in Section 10-20.21 of this
9Code, then the school district shall proceed in conformity with
10Section 10-20.21 of this Code and with rules established by the
11State Board of Education to address such situations. The rules
12adopted by the State Board of Education to deal with these
13situations shall stipulate that emergency situations must be
14expedited and given priority consideration. For purposes of
15this paragraph, an emergency is a situation that presents an
16imminent and continuing threat to the health and safety of
17students or other occupants of a facility, requires complete or
18partial evacuation of a building or part of a building, or
19consumes one or more of the 5 emergency days built into the
20adopted calendar of the school or schools or would otherwise be
21expected to cause such school or schools to fall short of the
22minimum school calendar requirements.
23 (b) Whenever any such district determines that it is
24necessary for energy conservation purposes that any school
25building or permanent, fixed equipment should be altered or
26reconstructed and that such alterations or reconstruction will

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1be made with funds not necessary for the completion of approved
2and recommended projects contained in any safety survey report
3or amendments thereto authorized by Section 2-3.12 of this Act;
4the district may levy a tax or issue bonds as provided in
5subsection (a) of this Section.
6 (c) Whenever any such district determines that it is
7necessary for accessibility purposes and to comply with the
8school building code that any school building or equipment
9should be altered or reconstructed and that such alterations or
10reconstruction will be made with funds not necessary for the
11completion of approved and recommended projects contained in
12any safety survey report or amendments thereto authorized under
13Section 2-3.12 of this Act, the district may levy a tax or
14issue bonds as provided in subsection (a) of this Section.
15 (d) Whenever any such district determines that it is
16necessary for school security purposes and the related
17protection and safety of pupils and school personnel that any
18school building or property should be altered or reconstructed
19or that security systems and equipment (including but not
20limited to intercom, early detection and warning, access
21control and television monitoring systems) should be purchased
22and installed, and that such alterations, reconstruction or
23purchase and installation of equipment will be made with funds
24not necessary for the completion of approved and recommended
25projects contained in any safety survey report or amendment
26thereto authorized by Section 2-3.12 of this Act and will deter

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1and prevent unauthorized entry or activities upon school
2property by unknown or dangerous persons, assure early
3detection and advance warning of any such actual or attempted
4unauthorized entry or activities and help assure the continued
5safety of pupils and school staff if any such unauthorized
6entry or activity is attempted or occurs; the district may levy
7a tax or issue bonds as provided in subsection (a) of this
8Section.
9 If such a school district determines that it is necessary
10for school security purposes and the related protection and
11safety of pupils and school staff to hire a school resource
12officer or that personnel costs for school counselors, mental
13health experts, or school resource officers are necessary and
14the district determines that it does not need funds for any of
15the other purposes set forth in this Section, then the district
16may levy a tax or issue bonds as provided in subsection (a).
17 (e) If a school district does not need funds for other fire
18prevention and safety projects, including the completion of
19approved and recommended projects contained in any safety
20survey report or amendments thereto authorized by Section
212-3.12 of this Act, and it is determined after a public hearing
22(which is preceded by at least one published notice (i)
23occurring at least 7 days prior to the hearing in a newspaper
24of general circulation within the school district and (ii)
25setting forth the time, date, place, and general subject matter
26of the hearing) that there is a substantial, immediate, and

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1otherwise unavoidable threat to the health, safety, or welfare
2of pupils due to disrepair of school sidewalks, playgrounds,
3parking lots, or school bus turnarounds and repairs must be
4made; then the district may levy a tax or issue bonds as
5provided in subsection (a) of this Section.
6 (f) For purposes of this Section a school district may
7replace a school building or build additions to replace
8portions of a building when it is determined that the
9effectuation of the recommendations for the existing building
10will cost more than the replacement costs. Such determination
11shall be based on a comparison of estimated costs made by an
12architect or engineer licensed in the State of Illinois. The
13new building or addition shall be equivalent in area (square
14feet) and comparable in purpose and grades served and may be on
15the same site or another site. Such replacement may only be
16done upon order of the regional superintendent of schools and
17the approval of the State Superintendent of Education.
18 (g) The filing of a certified copy of the resolution
19levying the tax when accompanied by the certificates of the
20regional superintendent of schools and State Superintendent of
21Education shall be the authority of the county clerk to extend
22such tax.
23 (h) The county clerk of the county in which any school
24district levying a tax under the authority of this Section is
25located, in reducing raised levies, shall not consider any such
26tax as a part of the general levy for school purposes and shall

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1not include the same in the limitation of any other tax rate
2which may be extended.
3 Such tax shall be levied and collected in like manner as
4all other taxes of school districts, subject to the provisions
5contained in this Section.
6 (i) The tax rate limit specified in this Section may be
7increased to .10% upon the approval of a proposition to effect
8such increase by a majority of the electors voting on that
9proposition at a regular scheduled election. Such proposition
10may be initiated by resolution of the school board and shall be
11certified by the secretary to the proper election authorities
12for submission in accordance with the general election law.
13 (j) When taxes are levied by any school district for fire
14prevention, safety, energy conservation, and school security
15purposes as specified in this Section, and the purposes for
16which the taxes have been levied are accomplished and paid in
17full, and there remain funds on hand in the Fire Prevention and
18Safety Fund from the proceeds of the taxes levied, including
19interest earnings thereon, the school board by resolution shall
20use such excess and other board restricted funds, excluding
21bond proceeds and earnings from such proceeds, as follows:
22 (1) for other authorized fire prevention, safety,
23 energy conservation, required safety inspections, school
24 security purposes, sampling for lead in drinking water in
25 schools, and for repair and mitigation due to lead levels
26 in the drinking water supply; or

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1 (2) for transfer to the Operations and Maintenance Fund
2 for the purpose of abating an equal amount of operations
3 and maintenance purposes taxes.
4Notwithstanding subdivision (2) of this subsection (j) and
5subsection (k) of this Section, through June 30, 2020, the
6school board may, by proper resolution following a public
7hearing set by the school board or the president of the school
8board (that is preceded (i) by at least one published notice
9over the name of the clerk or secretary of the board, occurring
10at least 7 days and not more than 30 days prior to the hearing,
11in a newspaper of general circulation within the school
12district and (ii) by posted notice over the name of the clerk
13or secretary of the board, at least 48 hours before the
14hearing, at the principal office of the school board or at the
15building where the hearing is to be held if a principal office
16does not exist, with both notices setting forth the time, date,
17place, and subject matter of the hearing), transfer surplus
18life safety taxes and interest earnings thereon to the
19Operations and Maintenance Fund for building repair work.
20 (k) If any transfer is made to the Operation and
21Maintenance Fund, the secretary of the school board shall
22within 30 days notify the county clerk of the amount of that
23transfer and direct the clerk to abate the taxes to be extended
24for the purposes of operations and maintenance authorized under
25Section 17-2 of this Act by an amount equal to such transfer.
26 (l) If the proceeds from the tax levy authorized by this

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1Section are insufficient to complete the work approved under
2this Section, the school board is authorized to sell bonds
3without referendum under the provisions of this Section in an
4amount that, when added to the proceeds of the tax levy
5authorized by this Section, will allow completion of the
6approved work.
7 (m) Any bonds issued pursuant to this Section shall bear
8interest at a rate not to exceed the maximum rate authorized by
9law at the time of the making of the contract, shall mature
10within 20 years from date, and shall be signed by the president
11of the school board and the treasurer of the school district.
12 (n) In order to authorize and issue such bonds, the school
13board shall adopt a resolution fixing the amount of bonds, the
14date thereof, the maturities thereof, rates of interest
15thereof, place of payment and denomination, which shall be in
16denominations of not less than $100 and not more than $5,000,
17and provide for the levy and collection of a direct annual tax
18upon all the taxable property in the school district sufficient
19to pay the principal and interest on such bonds to maturity.
20Upon the filing in the office of the county clerk of the county
21in which the school district is located of a certified copy of
22the resolution, it is the duty of the county clerk to extend
23the tax therefor in addition to and in excess of all other
24taxes heretofore or hereafter authorized to be levied by such
25school district.
26 (o) After the time such bonds are issued as provided for by

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1this Section, if additional alterations or reconstructions are
2required to be made because of surveys conducted by an
3architect or engineer licensed in the State of Illinois, the
4district may levy a tax at a rate not to exceed .05% per year
5upon all the taxable property of the district or issue
6additional bonds, whichever action shall be the most feasible.
7 (p) This Section is cumulative and constitutes complete
8authority for the issuance of bonds as provided in this Section
9notwithstanding any other statute or law to the contrary.
10 (q) With respect to instruments for the payment of money
11issued under this Section either before, on, or after the
12effective date of Public Act 86-004 (June 6, 1989), it is, and
13always has been, the intention of the General Assembly (i) that
14the Omnibus Bond Acts are, and always have been, supplementary
15grants of power to issue instruments in accordance with the
16Omnibus Bond Acts, regardless of any provision of this Act that
17may appear to be or to have been more restrictive than those
18Acts, (ii) that the provisions of this Section are not a
19limitation on the supplementary authority granted by the
20Omnibus Bond Acts, and (iii) that instruments issued under this
21Section within the supplementary authority granted by the
22Omnibus Bond Acts are not invalid because of any provision of
23this Act that may appear to be or to have been more restrictive
24than those Acts.
25 (r) When the purposes for which the bonds are issued have
26been accomplished and paid for in full and there remain funds

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1on hand from the proceeds of the bond sale and interest
2earnings therefrom, the board shall, by resolution, use such
3excess funds in accordance with the provisions of Section
410-22.14 of this Act.
5 (s) Whenever any tax is levied or bonds issued for fire
6prevention, safety, energy conservation, and school security
7purposes, such proceeds shall be deposited and accounted for
8separately within the Fire Prevention and Safety Fund.
9(Source: P.A. 99-143, eff. 7-27-15; 99-713, eff. 8-5-16;
1099-922, eff. 1-17-17; 100-465, eff. 8-31-17.)
11 Section 25. The School Safety Drill Act is amended by
12changing Section 25 and adding Section 45 as follows:
13 (105 ILCS 128/25)
14 Sec. 25. Annual review.
15 (a) Each public school district, through its school board
16or the board's designee, shall conduct a minimum of one annual
17meeting at which it will review each school building's
18emergency and crisis response plans, protocols, and
19procedures, including procedures regarding the school
20district's threat assessment team, and each building's
21compliance with the school safety drill programs. The purpose
22of this annual review shall be to review and update the
23emergency and crisis response plans, protocols, and procedures
24and the school safety drill programs of the district and each

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1of its school buildings. This review must be at no cost to the
2school district. In updating a school building's emergency and
3crisis response plans, consideration may be given to making the
4emergency and crisis response plans available to first
5responders, administrators, and teachers for implementation
6and utilization through the use of electronic applications on
7electronic devices, including, but not limited to,
8smartphones, tablets, and laptop computers.
9 (b) Each school board or the board's designee is required
10to participate in the annual review and to invite each of the
11following parties to the annual review and provide each party
12with a minimum of 30 days' notice before the date of the annual
13review:
14 (1) The principal of each school within the school
15 district or his or her official designee.
16 (2) Representatives from any other education-related
17 organization or association deemed appropriate by the
18 school district.
19 (3) Representatives from all local first responder
20 organizations to participate, advise, and consult in the
21 review process, including, but not limited to:
22 (A) the appropriate local fire department or
23 district;
24 (B) the appropriate local law enforcement agency;
25 (C) the appropriate local emergency medical
26 services agency if the agency is a separate, local

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1 first responder unit; and
2 (D) any other member of the first responder or
3 emergency management community that has contacted the
4 district superintendent or his or her designee during
5 the past year to request involvement in a school's
6 emergency planning or drill process.
7 (4) The school board or its designee may also choose to
8 invite to the annual review any other persons whom it
9 believes will aid in the review process, including, but not
10 limited to, any members of any other education-related
11 organization or the first responder or emergency
12 management community.
13 (c) Upon the conclusion of the annual review, the school
14board or the board's designee shall sign a one page report,
15which may be in either a check-off format or a narrative
16format, that does the following:
17 (1) summarizes the review's recommended changes to the
18 existing school safety plans and drill plans;
19 (2) lists the parties that participated in the annual
20 review, and includes the annual review's attendance
21 record;
22 (3) certifies that an effective review of the emergency
23 and crisis response plans, protocols, and procedures and
24 the school safety drill programs of the district and each
25 of its school buildings has occurred;
26 (4) states that the school district will implement

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1 those plans, protocols, procedures, and programs, during
2 the academic year; and
3 (5) includes the authorization of the school board or
4 the board's designee.
5 (d) The school board or its designee shall send a copy of
6the report to each party that participates in the annual review
7process and to the appropriate regional superintendent of
8schools. If any of the participating parties have comments on
9the certification document, those parties shall submit their
10comments in writing to the appropriate regional
11superintendent. The regional superintendent shall maintain a
12record of these comments. The certification document may be in
13a check-off format or narrative format, at the discretion of
14the district superintendent.
15 (e) The review must occur at least once during the fiscal
16year, at a specific time chosen at the school district
17superintendent's discretion.
18 (f) A private school shall conduct a minimum of one annual
19meeting at which the school must review each school building's
20emergency and crisis response plans, protocols, and procedures
21and each building's compliance with the school safety drill
22programs of the school. The purpose of this annual review shall
23be to review and update the emergency and crisis response
24plans, protocols, and procedures and the school safety drill
25programs of the school. This review must be at no cost to the
26private school.

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1 The private school shall invite representatives from all
2local first responder organizations to participate, advise,
3and consult in the review process, including, but not limited
4to, the following:
5 (1) the appropriate local fire department or fire
6 protection district;
7 (2) the appropriate local law enforcement agency;
8 (3) the appropriate local emergency medical services
9 agency if the agency is a separate, local first responder
10 unit; and
11 (4) any other member of the first responder or
12 emergency management community that has contacted the
13 school's chief administrative officer or his or her
14 designee during the past year to request involvement in the
15 school's emergency planning or drill process.
16(Source: P.A. 98-661, eff. 1-1-15; 98-663, eff. 6-23-14; 99-78,
17eff. 7-20-15.)
18 (105 ILCS 128/45 new)
19 Sec. 45. Threat assessment procedure.
20 (a) Each school district must implement a threat assessment
21procedure that may be part of a school board policy on targeted
22school violence prevention. The procedure must include the
23creation of a threat assessment team. The team must include all
24of the following members:
25 (1) An administrator employed by the school district or

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1 a special education cooperative that serves the school
2 district and is available to serve.
3 (2) A teacher employed by the school district or a
4 special education cooperative that serves the school
5 district and is available to serve.
6 (3) A school counselor employed by the school district
7 or a special education cooperative that serves the school
8 district and is available to serve.
9 (4) A school psychologist employed by the school
10 district or a special education cooperative that serves the
11 school district and is available to serve.
12 (5) A school social worker employed by the school
13 district or a special education cooperative that serves the
14 school district and is available to serve.
15 (6) At least one law enforcement official.
16 If a school district is unable to establish a threat
17assessment team with school district staff and resources, it
18may utilize a regional behavioral threat assessment and
19intervention team that includes mental health professionals
20and representatives from the State, county, and local law
21enforcement agencies.
22 (b) A school district shall establish the threat assessment
23team under this Section no later than 180 days after the
24effective date of this amendatory Act of the 101st General
25Assembly and must implement an initial threat assessment
26procedure no later than 120 days after the effective date of

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1this amendatory Act of the 101st General Assembly.
2 (c) Any sharing of student information under this Section
3must comply with the federal Family Educational Rights and
4Privacy Act of 1974 and the Illinois School Student Records
5Act.
6 Section 35. The School Construction Law is amended by
7changing Section 5-25 as follows:
8 (105 ILCS 230/5-25)
9 Sec. 5-25. Eligibility and project standards.
10 (a) The State Board of Education shall establish
11eligibility standards for school construction project grants
12and debt service grants. These standards shall include minimum
13enrollment requirements for eligibility for school
14construction project grants of 200 students for elementary
15districts, 200 students for high school districts, and 400
16students for unit districts. The total enrollment of member
17districts forming a cooperative high school in accordance with
18subsection (c) of Section 10-22.22 of the School Code shall
19meet the minimum enrollment requirements specified in this
20subsection (a). The State Board of Education shall approve a
21district's eligibility for a school construction project grant
22or a debt service grant pursuant to the established standards.
23 For purposes only of determining a Type 40 area vocational
24center's eligibility for an entity included in a school

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1construction project grant or a school maintenance project
2grant, an area vocational center shall be deemed eligible if
3one or more of its member school districts satisfy the grant
4index criteria set forth in this Law. A Type 40 area vocational
5center that makes application for school construction funds
6after August 25, 2009 (the effective date of Public Act 96-731)
7shall be placed on the respective application cycle list. Type
840 area vocational centers must be placed last on the priority
9listing of eligible entities for the applicable fiscal year.
10 (b) The Capital Development Board shall establish project
11standards for all school construction project grants provided
12pursuant to this Article. These standards shall include space
13and capacity standards as well as the determination of
14recognized project costs that shall be eligible for State
15financial assistance and enrichment costs that shall not be
16eligible for State financial assistance.
17 (c) The State Board of Education and the Capital
18Development Board shall not establish standards that
19disapprove or otherwise establish limitations that restrict
20the eligibility of (i) a school district with a population
21exceeding 500,000 for a school construction project grant based
22on the fact that any or all of the school construction project
23grant will be used to pay debt service or to make lease
24payments, as authorized by subsection (b) of Section 5-35 of
25this Law, (ii) a school district located in whole or in part in
26a county that imposes a tax for school facility or resources

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1purposes pursuant to Section 5-1006.7 of the Counties Code, or
2(iii) a school district that (1) was organized prior to 1860
3and (2) is located in part in a city originally incorporated
4prior to 1840, based on the fact that all or a part of the
5school construction project is owned by a public building
6commission and leased to the school district or the fact that
7any or all of the school construction project grant will be
8used to pay debt service or to make lease payments.
9 (d) A reorganized school district or cooperative high
10school may use a school construction application that was
11submitted by a school district that formed the reorganized
12school district or cooperative high school if that application
13has not been entitled for a project by the State Board of
14Education and any one or more of the following happen within
15the current or prior 4 fiscal years:
16 (1) a new school district is created in accordance with
17 Article 11E of the School Code;
18 (2) an existing school district annexes all of the
19 territory of one or more other school districts in
20 accordance with Article 7 of the School Code; or
21 (3) a cooperative high school is formed in accordance
22 with subsection (c) of Section 10-22.22 of the School Code.
23A new elementary district formed from a school district
24conversion, as defined in Section 11E-15 of the School Code,
25may use only the application of the dissolved district whose
26territory is now included in the new elementary district and

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1must obtain the written approval of the local school board of
2any other school district that includes territory from that
3dissolved district. A new high school district formed from a
4school district conversion, as defined in Section 11E-15 of the
5School Code, may use only the application of any dissolved
6district whose territory is now included in the new high school
7district, but only after obtaining the written approval of the
8local school board of any other school district that includes
9territory from that dissolved district. A cooperative high
10school using this Section must obtain the written approval of
11the local school board of the member school district whose
12application it is using. All other eligibility and project
13standards apply to this Section.
14(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
1596-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
168-20-10; 97-232, eff. 7-28-11; 97-333, eff. 8-12-11.)
17 Section 99. Effective date. This Act takes effect upon
18becoming law.
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