Full Text of HB1989 95th General Assembly
HB1989 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1989
Introduced 2/26/2007, by Rep. Michael K. Smith SYNOPSIS AS INTRODUCED: |
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105 ILCS 230/5-5 |
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105 ILCS 230/5-25 |
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105 ILCS 230/5-35 |
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Amends the School Construction Law. Defines "school district" to mean a school district, special charter district, or joint agreement. Provides that, for purposes of determining a joint agreement's eligibility for an entity included in a school construction project grant or a school maintenance project grant, a joint agreement shall be deemed eligible if one or more of its member school districts satisfy the grant index criteria. Provides that the amount of a school construction project grant to an eligible joint agreement shall be determined on a case-by-case basis, based on the needs of the joint agreement in its entirety (instead of using the grant index to calculate the amount). Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB1989 |
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LRB095 09185 NHT 29378 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Construction Law is amended by | 5 |
| changing Sections 5-5, 5-25, and 5-35 as follows:
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| (105 ILCS 230/5-5)
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| Sec. 5-5. Definitions. As used in this Article:
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| "Approved school construction bonds" mean bonds that were | 9 |
| approved by
referendum after January 1, 1996 but prior to | 10 |
| January 1, 1998 as provided in
Sections 19-2 through 19-7 of | 11 |
| the School Code to provide funds for the
acquisition, | 12 |
| development, construction, reconstruction, rehabilitation,
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| improvement, architectural planning, and installation of | 14 |
| capital facilities
consisting of buildings, structures, | 15 |
| durable-equipment, and land for
educational purposes.
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| "Grant index" means a figure for each school district equal | 17 |
| to one minus the
ratio of the district's equalized assessed | 18 |
| valuation per pupil in average daily
attendance to the | 19 |
| equalized assessed valuation per pupil in average daily
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| attendance of the district located at the 90th percentile for | 21 |
| all districts of
the same category.
For the purpose of | 22 |
| calculating the grant index, school districts are
grouped
into | 23 |
| 2 categories, Category I and Category II. Category I consists |
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HB1989 |
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LRB095 09185 NHT 29378 b |
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| of
elementary and unit school districts. The equalized assessed | 2 |
| valuation
per pupil in average daily attendance of each school | 3 |
| district in Category I
shall be computed using its grades | 4 |
| kindergarten through 8 average daily
attendance figure. A unit | 5 |
| school district's Category I grant index shall be
used
for | 6 |
| projects or portions of projects constructed for elementary | 7 |
| school
pupils. Category II consists of high school and unit | 8 |
| school districts. The
equalized assessed valuation per pupil in | 9 |
| average daily attendance of
each school district in Category II | 10 |
| shall be computed using its grades 9
through 12 average daily | 11 |
| attendance figure. A unit school district's Category
II
grant | 12 |
| index shall be used for projects or portions of projects | 13 |
| constructed
for high school pupils.
The changes made by this | 14 |
| amendatory Act of the 92nd General Assembly apply
to all grants | 15 |
| made on or after the effective date of this amendatory Act,
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| provided that for grants not yet made on the effective date of | 17 |
| this amendatory
Act but made in fiscal year 2001 and for grants | 18 |
| made
in fiscal year 2002, the grant index for a school district | 19 |
| shall be the
greater of (i) the grant index as calculated under | 20 |
| this Law on or after the
effective date of this amendatory
Act | 21 |
| or (ii) the grant index as calculated under this Law before the | 22 |
| effective
date of this
amendatory Act.
The grant index shall be | 23 |
| no less than 0.35 and no greater than
0.75 for each district; | 24 |
| provided that the grant index for districts whose
equalized | 25 |
| assessed valuation per pupil in average daily attendance is at | 26 |
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99th percentile and above for all districts of the same |
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LRB095 09185 NHT 29378 b |
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| type shall be 0.00.
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| "School construction project" means the acquisition, | 3 |
| development,
construction, reconstruction, rehabilitation, | 4 |
| improvement, architectural
planning, and installation of | 5 |
| capital facilities consisting of buildings,
structures, | 6 |
| durable equipment, and land for educational purposes.
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| "School district" means (i) a school district or special | 8 |
| charter district, as defined in Section 1-3 of the School Code, | 9 |
| or (ii) a joint agreement, including a cooperative, joint | 10 |
| agreement, or vocational education delivery system established | 11 |
| pursuant to Section 10-22.20a of the School Code or an | 12 |
| intergovernmental agreement entered into under Section 10 of | 13 |
| Article VII of the Illinois Constitution and the | 14 |
| Intergovernmental Cooperation Act. | 15 |
| "School district" includes a cooperative high school, | 16 |
| which shall be considered a high school district for the | 17 |
| purpose of calculating its grant index.
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| "School maintenance project" means a project, other than a | 19 |
| school
construction project, intended to provide for the | 20 |
| maintenance or upkeep
of buildings or structures for | 21 |
| educational purposes, but does not include
ongoing operational | 22 |
| costs.
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| (Source: P.A. 92-168, eff. 7-26-01; 93-1094, eff. 3-29-05.)
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| (105 ILCS 230/5-25)
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| Sec. 5-25. Eligibility and project standards.
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LRB095 09185 NHT 29378 b |
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| (a) The State Board of Education shall establish | 2 |
| eligibility standards for
school construction project grants | 3 |
| and debt service grants. These standards
shall include minimum | 4 |
| enrollment requirements for eligibility for school
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| construction project grants of 200 students for elementary | 6 |
| districts, 200
students for high school districts, and 400 | 7 |
| students for unit districts. The
State Board of Education shall | 8 |
| approve a district's eligibility for a school
construction | 9 |
| project grant or a debt service grant pursuant to the | 10 |
| established
standards.
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| For purposes of determining a joint agreement's | 12 |
| eligibility for an entity included in a school construction | 13 |
| project grant or a school maintenance project grant, a joint | 14 |
| agreement shall be deemed eligible if one or more of its member | 15 |
| school districts satisfy the grant index criteria set forth in | 16 |
| this Law.
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| (b) The Capital Development Board shall establish
project | 18 |
| standards for all school construction project grants provided | 19 |
| pursuant
to this Article. These standards shall include space | 20 |
| and capacity standards as
well as the determination of | 21 |
| recognized project costs that shall be eligible
for State | 22 |
| financial assistance and enrichment costs that shall not be | 23 |
| eligible
for State financial assistance.
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| (c) The State Board of Education and the Capital | 25 |
| Development Board shall
not establish standards that | 26 |
| disapprove or otherwise establish limitations
that restrict |
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LRB095 09185 NHT 29378 b |
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| the eligibility of a school district with a population | 2 |
| exceeding
500,000 for a school construction project grant based | 3 |
| on the fact that any or
all of the school construction project | 4 |
| grant will be used to pay debt service
or to make lease | 5 |
| payments, as authorized by subsection (b) of Section 5-35 of
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| this Law.
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| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
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| (105 ILCS 230/5-35)
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| Sec. 5-35. School construction project grant amounts; | 10 |
| permitted
use; prohibited use.
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| (a) The product of the district's grant index and the
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| recognized project cost, as determined by the Capital | 13 |
| Development Board, for an
approved school construction project | 14 |
| shall equal the amount of the grant the
Capital Development | 15 |
| Board shall provide to the eligible district. The grant
index | 16 |
| shall not be used in cases where the General Assembly and the | 17 |
| Governor
approve appropriations designated for specifically | 18 |
| identified school district
construction projects.
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| The grant index shall not be used to calculate the amount | 20 |
| of a school construction project grant awarded to an eligible | 21 |
| joint agreement. The amount of a school construction project | 22 |
| grant to an eligible joint agreement shall be determined on a | 23 |
| case-by-case basis, based on the needs of the joint agreement | 24 |
| in its entirety.
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| (b) In each fiscal year in which school construction |
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LRB095 09185 NHT 29378 b |
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| project grants are
awarded, 20% of the total amount awarded | 2 |
| statewide shall be awarded to a school
district with a | 3 |
| population exceeding 500,000, provided such district complies
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| with the provisions of this Article.
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| In addition to the uses otherwise authorized by this Law, | 6 |
| any school
district with a population exceeding 500,000 is | 7 |
| authorized to use any or all
of the school construction project | 8 |
| grants (i) to pay debt service, as defined
in the Local | 9 |
| Government Debt Reform Act, on bonds, as defined in the Local
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| Government Debt Reform Act, issued to finance one or more | 11 |
| school construction
projects and (ii) to the extent that any | 12 |
| such bond is a lease or other
installment or financing contract | 13 |
| between the school district and a public
building commission | 14 |
| that has issued bonds to finance one or more qualifying
school | 15 |
| construction projects, to make lease payments under the lease.
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| (c) No portion of a school construction project grant | 17 |
| awarded by the
Capital Development Board shall be used by a | 18 |
| school district for any
on-going operational costs.
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| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.
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