105 ILCS 5/1F-62
2021 Illinois Compiled Statutes|Chapter 105 - SCHOOLS|105 ILCS 5/ - School Code.|Article 1F - Downstate School Finance Authority for Elementary Districts

         (This Section scheduled to be repealed in accordance with 105 ILCS 5/1F-165)Sec. 1F-62. School District Emergency Financial Assistance Fund;  grants and loans.(a) Moneys in the School District Emergency Financial Assistance Fund  established under Section 1B-8 of this Code may be allocated and  expended by the State Board as grants to provide technical and consulting services to school districts to assess their financial condition and by the Illinois Finance Authority for emergency financial assistance loans to a School Finance    Authority that petitions for  emergency financial  assistance.  An emergency financial assistance loan to a School Finance Authority or borrowing from  sources other than the State shall not be  considered as part of the calculation of a district's debt for purposes of  the limitation specified in Section 19-1 of this Code. From the amount allocated to each School Finance Authority, the State Board shall identify a sum sufficient to cover all approved costs of the School Finance Authority.  If the State Board and State Superintendent have not approved emergency financial assistance in conjunction with the appointment of a School Finance Authority, the Authority's approved costs shall be paid from deductions from the district's general State aid or evidence-based funding.The School Finance Authority may prepare and file with the State  Superintendent a proposal for emergency financial assistance for the school district and for its operations budget.  No expenditures shall be  authorized by the State Superintendent until he or she has approved  the proposal of the School Finance Authority, either as submitted or in such lesser amount determined by the State Superintendent.(b) The amount of an emergency financial assistance  loan that may be allocated to a School Finance Authority under this Article,  including moneys necessary for the operations of the School Finance Authority, and borrowing  from sources other than the State shall not  exceed, in the aggregate, $4,000 times the number of pupils enrolled in the  district  during the school year ending June 30 prior to the date of approval by  the State Board of the petition for emergency financial assistance, as  certified to the school board and the School Finance Authority by the State  Superintendent.  However, this limitation does not apply to borrowing by the district secured  by  amounts levied by the district prior to establishment of the School Finance  Authority. An emergency financial assistance grant shall not exceed $1,000 times the number of such pupils.  A district may receive both a loan and a grant.(c) The payment of a State emergency financial assistance grant or loan  shall be subject to appropriation by the General Assembly. State  emergency financial assistance allocated and paid to a School Finance Authority  under this Article may be applied to any fund or funds from which the  School Finance  Authority is authorized to make expenditures by  law.(d) Any State emergency financial assistance proposed by the  School Finance Authority and approved by the State Superintendent may be paid in its  entirety during the initial year of the School Finance Authority's existence or spread in  equal or declining amounts over a period of years not to exceed the  period of the School Finance  Authority's existence. The State Superintendent shall not  approve any loan to the School Finance Authority unless the School Finance Authority has been  unable to borrow sufficient funds to operate the district.All loan payments made from the School District Emergency  Financial Assistance Fund to a School Finance Authority shall be required to be  repaid not later than the date the School Finance Authority ceases to exist, with simple  interest over the term of the loan at a rate equal to  50% of the one-year Constant Maturity Treasury (CMT) yield as last published  by the Board of Governors of the Federal Reserve System  before the  date on which the School Finance Authority's loan is approved by the State  Board.The School Finance Authority shall establish and the Illinois Finance Authority shall  approve the terms and conditions of the loan, including the schedule of  repayments.  The schedule shall provide for repayments commencing July 1 of each  year or upon each fiscal year's receipt of moneys from a tax levy for emergency financial assistance. Repayment shall be incorporated into the annual budget of the  district and may be made from any fund or funds of the district in  which there are moneys available. Default on repayment is subject to the Illinois Grant Funds Recovery Act.  When moneys are repaid as provided  in this Section, they shall not be made available to the School Finance Authority for  further use as emergency financial assistance under this Article at any  time thereafter. All repayments required to be made by a School Finance Authority  shall be received by the State Board and deposited in the School District  Emergency Financial Assistance Fund.In establishing the terms and conditions for the repayment  obligation of the School Finance Authority, the School Finance  Authority shall annually determine  whether a separate local property tax levy is required to meet that obligation.  The School Finance Authority  shall provide for a separate tax  levy for emergency financial assistance repayment purposes. This tax  levy shall not be subject to referendum approval. The amount of the levy  shall not exceed the amount necessary to meet the annual  emergency financial repayment  obligations of the district, including principal and interest, as established  by the School Finance Authority.  (Source: P.A. 100-465, eff. 8-31-17.)