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Public Act 100-0399


 

Public Act 0399 100TH GENERAL ASSEMBLY



 


 
Public Act 100-0399
 
SB0447 EnrolledLRB100 04889 MLM 14899 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
34-21.1 as follows:
 
    (105 ILCS 5/34-21.1)  (from Ch. 122, par. 34-21.1)
    Sec. 34-21.1. Additional powers. In addition to other
powers and authority now possessed by it, the board shall have
power:
        (1) To lease from any public building commission
    created pursuant to the provisions of the Public Building
    Commission Act, approved July 5, 1955, as heretofore or
    hereafter amended or from any individuals, partnerships or
    corporations, any real or personal property for the purpose
    of securing space for its school purposes or office or
    other space for its administrative functions for a period
    of time not exceeding 40 years.
        (2) To pay for the use of this leased property in
    accordance with the terms of the lease and with the
    provisions of the Public Building Commission Act, approved
    July 5, 1955, as heretofore or hereafter amended.
        (3) Such lease may be entered into without making a
    previous appropriation for the expense thereby incurred;
    provided, however, that if the board undertakes to pay all
    or any part of the costs of operating and maintaining the
    property of a public building commission as authorized in
    subparagraph (4) of this Section, such expenses of
    operation and maintenance shall be included in the annual
    budget of such board annually during the term of such
    undertaking.
        (4) In addition, the board may undertake, either in the
    lease with a public building commission or by separate
    agreement or contract with a public building commission, to
    pay all or any part of the costs of maintaining and
    operating the property of a public building commission for
    any period of time not exceeding 40 years.
        (5) To enter into agreements, including lease and lease
    purchase agreements having a term not longer than 40 years
    from the date on which such agreements are entered into,
    with private sector individuals, partnerships, or
    corporations for the construction of school buildings,
    school administrative offices, site development, and
    school support facilities. The board shall maintain
    exclusive possession of all schools, school administrative
    offices, and school facilities which it is occupying or
    acquiring pursuant to any such lease or lease purchase
    agreement, and in addition shall have and exercise complete
    control over the education program conducted at such
    schools, offices and facilities. The board's contribution
    under any such agreement shall be limited to the use of the
    real estate and existing improvements on a rental basis
    which shall be exempt from any form of leasehold tax or
    assessment, but the interests of the board may be
    subordinated to the interests of a mortgage holder or
    holders acquired as security for additional improvements
    made on the property.
        (6) To make payments on a lease or lease purchase
    agreement entered into pursuant to subparagraph (5) of this
    Section with an individual, partnership, or a corporation
    for school buildings, school administrative offices, and
    school support facilities constructed by such individual,
    partnership, or corporation.
        (7) To purchase the interests of an individual,
    partnership, or corporation pursuant to any lease or lease
    purchase agreement entered into by the board pursuant to
    subparagraph (5) of this Section, and to assume or retire
    any outstanding debt or obligation relating to such lease
    or lease purchase agreement for any school building, school
    administrative office, or school support facility.
        (8) Subject to the provisions of subparagraph (9) of
    this Section, to enter into agreements, including lease and
    lease purchase agreements, having a term not longer than 40
    years from the date on which such agreements are entered
    into for the provision of school buildings and related
    property and facilities for an agricultural science
    school. The enrollment in such school shall be limited to
    720 students, and no less than 50% of the total number of
    enrollment positions in each incoming class must be
    reserved for students who live within proximity to the
    school. "Proximity to the school" means all areas within
    the existing city limits of Chicago located south of 87th
    Street (8700 South) and west of Wood Street (1800 West). In
    addition to the other authorizations in this paragraph (8),
    a maximum of 80 additional students may be enrolled in the
    agricultural science school's significantly modified
    curriculum for diverse learners, commonly known as the
    special education cluster program. Under such agreements
    the board shall have exclusive possession of all such
    school buildings and related property and facilities which
    it is occupying or acquiring pursuant to any such
    agreements, and in addition shall have and exercise
    complete control over the educational program conducted at
    such school. Under such agreements the board also may lease
    to another party to such agreement real estate and existing
    improvements which are appropriate and available for use as
    part of the necessary school buildings and related property
    and facilities for an agricultural science school. Any
    interest created by such a lease shall be exempt from any
    form of leasehold tax or assessment, and the interests of
    the board as owner or lessor of property covered by such a
    lease may be subordinated to the interests of a mortgage
    holder or holders acquired as security for additional
    improvements made on the property. In addition, but subject
    to the provisions of subparagraph (9) of this Section, the
    board is authorized: (i) to pay for the use of school
    buildings and related property and facilities for an
    agricultural science school as provided for in an agreement
    entered into pursuant to this subparagraph (8) and to enter
    into any such agreement without making a previous
    appropriation for the expense thereby incurred; and (ii) to
    enter into agreements to purchase any ownership interests
    in any school buildings and related property and facilities
    subject to any agreement entered into by the board pursuant
    to this subparagraph (8) and to assume or retire any
    outstanding debt or obligation relating to such school
    buildings and related property and facilities.
        (9) Notwithstanding the provisions of subparagraph (8)
    of this Section or any other law, the board shall not at
    any time on or after the effective date of this amendatory
    Act of 1991 enter into any new lease or lease purchase
    agreement, or amend or modify any existing lease, lease
    purchase or other agreement entered into pursuant to
    subparagraph (8), covering all or any part of the property
    or facilities, consisting of 78.85 acres more or less,
    heretofore purchased or otherwise acquired by the board for
    an agricultural science school; nor shall the board enter
    into any agreement on or after the effective date of this
    amendatory Act of 1991 to sell, lease, transfer or
    otherwise convey all or any part of the property so
    purchased or acquired, nor any of the school buildings or
    related facilities thereon, but the same shall be held,
    used, occupied and maintained by the board solely for the
    purpose of conducting and operating an agricultural
    science school. The board shall not, on or after the
    effective date of this amendatory Act of 1991, enter into
    any contracts or agreements for the construction,
    alteration or modification of any new or existing school
    buildings or related facilities or structural improvements
    on any part of the 78.85 acres purchased or otherwise
    acquired by the board for agricultural science school
    purposes, excepting only those contracts or agreements
    that are entered into by the board for the construction,
    alteration or modification of such school buildings,
    related facilities or structural improvements that on the
    effective date of this amendatory Act of 1991 are either
    located upon, under construction upon or scheduled under
    existing plans and specifications to be constructed upon a
    parcel of land, consisting of 17.45 acres more or less and
    measuring approximately 880 feet along its northerly and
    southerly boundaries and 864 feet along its easterly and
    westerly boundaries, located in the northeast part of the
    78.85 acres. Nothing in this subparagraph (9) shall be
    deemed or construed to alter, modify, impair or otherwise
    affect the terms and provisions of, nor the rights and
    obligations of the parties under any agreement or contract
    made and entered into by the board prior to the effective
    date of this amendatory Act (i) for the acquisition, lease
    or lease purchase of, or for the construction, alteration
    or modification of any school buildings, related
    facilities or structural improvements upon all or any part
    of the 78.85 acres purchased or acquired by the board for
    agricultural science school purposes, or (ii) for the lease
    by the board of an irregularly shaped parcel, consisting of
    23.19 acres more or less, of that 78.85 acres for park
    board purposes.
(Source: P.A. 97-648, eff. 12-30-11.)

Effective Date: 1/1/2018