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92_HB1455ham001
LRB9202661NTsbam
1 AMENDMENT TO HOUSE BILL 1455
2 AMENDMENT NO. . Amend House Bill 1455 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Construction Law is amended by
5 changing Sections 5-5, 5-25, and 5-35 as follows:
6 (105 ILCS 230/5-5)
7 Sec. 5-5. Definitions. As used in this Article:
8 "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,
13 improvement, architectural planning, and installation of
14 capital facilities consisting of buildings, structures,
15 durable-equipment, and land for educational purposes.
16 "Grant index" means a figure for each school district
17 equal to one minus the ratio of the district's equalized
18 assessed valuation per pupil in average daily attendance to
19 the equalized assessed valuation per pupil in average daily
20 attendance of the district located at the 90th percentile for
21 all districts of the same type. The grant index shall be no
22 less than 0.50 0.35 and no greater than 0.75 for each
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1 district; provided that the grant index for districts whose
2 equalized assessed valuation per pupil in average daily
3 attendance is at the 99th percentile and above for all
4 districts of the same type shall be 0.00.
5 "School construction project" means the acquisition,
6 development, construction, reconstruction, rehabilitation,
7 improvement, architectural planning, and installation of
8 capital facilities consisting of buildings, structures,
9 durable equipment, and land for educational purposes.
10 "School maintenance project" means a project, other than
11 a school construction project, intended to provide for the
12 maintenance or upkeep of buildings or structures for
13 educational purposes, but does not include ongoing
14 operational costs.
15 (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
16 (105 ILCS 230/5-25)
17 Sec. 5-25. Eligibility and project standards.
18 (a) The State Board of Education shall establish
19 eligibility standards for school construction project grants
20 and debt service grants. These standards shall include
21 minimum enrollment requirements for eligibility for school
22 construction project grants of 200 students for elementary
23 districts, 200 students for high school districts, and 400
24 students for unit districts. The State Board of Education
25 shall approve a district's eligibility for a school
26 construction project grant or a debt service grant pursuant
27 to the established standards.
28 (b) The Capital Development Board shall establish
29 project standards for all school construction project grants
30 provided pursuant to this Article. These standards shall
31 include space and capacity standards as well as the
32 determination of recognized project costs that shall be
33 eligible for State financial assistance and enrichment costs
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1 that shall not be eligible for State financial assistance.
2 The recognized project cost initially calculated by the
3 Capital Development Board shall establish the acceptable cost
4 of the eligible expenditures. If the bid price received by
5 the district from the various contractors for the eligible
6 expenditures is less than the bid estimate amount included in
7 this initial calculation, then the recognized project cost
8 shall be reduced by the amount of the difference. If the bid
9 price received by the district from the various contractors
10 for the eligible expenditures is greater than the bid
11 estimate amount included in this initial calculation, then
12 the recognized project cost shall be increased by the amount
13 of the difference.
14 (c) The State Board of Education and the Capital
15 Development Board shall not establish standards that
16 disapprove or otherwise establish limitations that restrict
17 the eligibility of a school district with a population
18 exceeding 500,000 for a school construction project grant
19 based on the fact that any or all of the school construction
20 project grant will be used to pay debt service or to make
21 lease payments, as authorized by subsection (b) of Section
22 5-35 of this Law.
23 (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
24 (105 ILCS 230/5-35)
25 Sec. 5-35. School construction project grant amounts;
26 permitted use; prohibited use.
27 (a) The product of the district's grant index and the
28 recognized project cost, as determined by the Capital
29 Development Board, for an approved school construction
30 project shall equal the amount of the grant the Capital
31 Development Board shall provide to the eligible district.
32 For those districts that have not received grants from the
33 Capital Development Board prior to the effective date of this
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1 amendatory Act of the 92nd General Assembly, the district's
2 grant index may not be less than 0.50. The grant index shall
3 not be used in cases where the General Assembly and the
4 Governor approve appropriations designated for specifically
5 identified school district construction projects.
6 (b) In each fiscal year in which school construction
7 project grants are awarded, 20% of the total amount awarded
8 statewide shall be awarded to a school district with a
9 population exceeding 500,000, provided such district complies
10 with the provisions of this Article.
11 In addition to the uses otherwise authorized by this Law,
12 any school district with a population exceeding 500,000 is
13 authorized to use any or all of the school construction
14 project grants (i) to pay debt service, as defined in the
15 Local Government Debt Reform Act, on bonds, as defined in the
16 Local Government Debt Reform Act, issued to finance one or
17 more school construction projects and (ii) to the extent that
18 any such bond is a lease or other installment or financing
19 contract between the school district and a public building
20 commission that has issued bonds to finance one or more
21 qualifying school construction projects, to make lease
22 payments under the lease.
23 (c) No portion of a school construction project grant
24 awarded by the Capital Development Board shall be used by a
25 school district for any on-going operational costs.
26 (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
27 Section 99. Effective date. This Act takes effect on
28 July 1, 2001.".