Bill Text: IL HB3012 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the School Code. Allows a specified school district to make a one-time transfer of certain excess funds to the Operations and Maintenance Fund of the district by proper resolution and following a public hearing. Effective immediately.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Enrolled) 2017-05-10 - Passed Both Houses [HB3012 Detail]

Download: Illinois-2017-HB3012-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 School Code is amended by changing Section
517-2A as follows:
6 (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
7 Sec. 17-2A. Interfund transfers.
8 (a) The school board of any district having a population of
9less than 500,000 inhabitants may, by proper resolution
10following a public hearing set by the school board or the
11president of the school board (that is preceded (i) by at least
12one published notice over the name of the clerk or secretary of
13the board, occurring at least 7 days and not more than 30 days
14prior to the hearing, in a newspaper of general circulation
15within the school district and (ii) by posted notice over the
16name of the clerk or secretary of the board, at least 48 hours
17before the hearing, at the principal office of the school board
18or at the building where the hearing is to be held if a
19principal office does not exist, with both notices setting
20forth the time, date, place, and subject matter of the
21hearing), transfer money from (1) the Educational Fund to the
22Operations and Maintenance Fund or the Transportation Fund, (2)
23the Operations and Maintenance Fund to the Educational Fund or

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1the Transportation Fund, (3) the Transportation Fund to the
2Educational Fund or the Operations and Maintenance Fund, or (4)
3the Tort Immunity Fund to the Operations and Maintenance Fund
4of said district, provided that, except during the period from
5July 1, 2003 through June 30, 2019, such transfer is made
6solely for the purpose of meeting one-time, non-recurring
7expenses. Except during the period from July 1, 2003 through
8June 30, 2019 and except as otherwise provided in subsection
9(b) of this Section, any other permanent interfund transfers
10authorized by any provision or judicial interpretation of this
11Code for which the transferee fund is not precisely and
12specifically set forth in the provision of this Code
13authorizing such transfer shall be made to the fund of the
14school district most in need of the funds being transferred, as
15determined by resolution of the school board.
16 (b) (Blank).
17 (c) Notwithstanding subsection (a) of this Section or any
18other provision of this Code to the contrary, the school board
19of any school district (i) that is subject to the Property Tax
20Extension Limitation Law, (ii) that is an elementary district
21servicing students in grades K through 8, (iii) whose territory
22is in one county, (iv) that is eligible for Section 7002
23Federal Impact Aid, and (v) that has no more than $81,000 in
24funds remaining from refinancing bonds that were refinanced a
25minimum of 5 years prior to January 20, 2017 (the effective
26date of Public Act 99-926) this amendatory Act of the 99th

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1General Assembly may make a one-time transfer of the funds
2remaining from the refinancing bonds to the Operations and
3Maintenance Fund of the district by proper resolution following
4a public hearing set by the school board or the president of
5the school board, with notice as provided in subsection (a) of
6this Section, so long as the district meets the qualifications
7set forth in this subsection (c) on January 20, 2017 (the
8effective date of Public Act 99-926) this amendatory Act of the
999th General Assembly.
10 (d) Notwithstanding subsection (a) of this Section or any
11other provision of this Code to the contrary, the school board
12of any school district (i) that is subject to the Property Tax
13Extension Limitation Law, (ii) that is a community unit school
14district servicing students in grades K through 12, (iii) whose
15territory is in one county, (iv) that owns property designated
16by the United States as a Superfund site pursuant to the
17federal Comprehensive Environmental Response, Compensation and
18Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) has an
19excess accumulation of funds in its bond fund, including funds
20accumulated prior to July 1, 2000, may make a one-time transfer
21of those excess funds accumulated prior to July 1, 2000 to the
22Operations and Maintenance Fund of the district by proper
23resolution following a public hearing set by the school board
24or the president of the school board, with notice as provided
25in subsection (a) of this Section, so long as the district
26meets the qualifications set forth in this subsection (d) on

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1the effective date of this amendatory Act of the 100th General
2Assembly.
3(Source: P.A. 98-26, eff. 6-21-13; 98-131, eff. 1-1-14; 99-713,
4eff. 8-5-16; 99-922, eff. 1-17-17; 99-926, eff. 1-20-17;
5revised 1-23-17.)
6 Section 99. Effective date. This Act takes effect upon
7becoming law.
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