101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2898

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 105/6z-45
30 ILCS 350/16.5
105 ILCS 5/19-1
105 ILCS 230/5-5
105 ILCS 230/5-10
105 ILCS 230/5-15
105 ILCS 230/5-20
105 ILCS 230/5-25
105 ILCS 230/5-30
105 ILCS 230/5-35
105 ILCS 230/5-50
105 ILCS 230/5-100
105 ILCS 230/5-450 new
105 ILCS 230/5-37 rep.
105 ILCS 230/5-38 rep.
105 ILCS 230/5-45 rep.
105 ILCS 230/5-57 rep.

    Amends the School Construction Law. Makes changes concerning the definition of "grant index", priority order and calculation of the grant index, grant applications and district facilities plans, eligibility and project standards, the priority of school construction projects, school construction project grant amounts and use, and school maintenance project grants. Removes references relating to grant entitlements. Repeals provisions concerning carry over projects, Fiscal Year 2002 escalation, debt service grants, and changes in the administration of powers. Makes related changes in the State Finance Act and the School Code.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB2898LRB101 10921 AXK 56076 b

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 State Finance Act is amended by changing
5Section 6z-45 as follows:
 
6    (30 ILCS 105/6z-45)
7    Sec. 6z-45. The School Infrastructure Fund.
8    (a) The School Infrastructure Fund is created as a special
9fund in the State Treasury.
10    In addition to any other deposits authorized by law,
11beginning January 1, 2000, on the first day of each month, or
12as soon thereafter as may be practical, the State Treasurer and
13State Comptroller shall transfer the sum of $5,000,000 from the
14General Revenue Fund to the School Infrastructure Fund, except
15that, notwithstanding any other provision of law, and in
16addition to any other transfers that may be provided for by
17law, before June 30, 2012, the Comptroller and the Treasurer
18shall transfer $45,000,000 from the General Revenue Fund into
19the School Infrastructure Fund, and, for fiscal year 2013 only,
20the Treasurer and the Comptroller shall transfer $1,250,000
21from the General Revenue Fund to the School Infrastructure Fund
22on the first day of each month; provided, however, that no such
23transfers shall be made from July 1, 2001 through June 30,

 

 

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12003.
2    (a-5) Money in the School Infrastructure Fund may be used
3to pay the expenses of the State Board of Education, the
4Governor's Office of Management and Budget, and the Capital
5Development Board in administering programs under the School
6Construction Law, the total expenses not to exceed $1,315,000
7in any fiscal year.
8    (b) Subject to the transfer provisions set forth below,
9money in the School Infrastructure Fund shall, if and when the
10State of Illinois incurs any bonded indebtedness for the
11construction of school improvements under subsection (e) of
12Section 5 of the General Obligation Bond Act, be set aside and
13used for the purpose of paying and discharging annually the
14principal and interest on that bonded indebtedness then due and
15payable, and for no other purpose.
16    In addition to other transfers to the General Obligation
17Bond Retirement and Interest Fund made pursuant to Section 15
18of the General Obligation Bond Act, upon each delivery of bonds
19issued for construction of school improvements under the School
20Construction Law, the State Comptroller shall compute and
21certify to the State Treasurer the total amount of principal
22of, interest on, and premium, if any, on such bonds during the
23then current and each succeeding fiscal year. With respect to
24the interest payable on variable rate bonds, such
25certifications shall be calculated at the maximum rate of
26interest that may be payable during the fiscal year, after

 

 

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1taking into account any credits permitted in the related
2indenture or other instrument against the amount of such
3interest required to be appropriated for that period.
4    On or before the last day of each month, the State
5Treasurer and State Comptroller shall transfer from the School
6Infrastructure Fund to the General Obligation Bond Retirement
7and Interest Fund an amount sufficient to pay the aggregate of
8the principal of, interest on, and premium, if any, on the
9bonds payable on their next payment date, divided by the number
10of monthly transfers occurring between the last previous
11payment date (or the delivery date if no payment date has yet
12occurred) and the next succeeding payment date. Interest
13payable on variable rate bonds shall be calculated at the
14maximum rate of interest that may be payable for the relevant
15period, after taking into account any credits permitted in the
16related indenture or other instrument against the amount of
17such interest required to be appropriated for that period.
18Interest for which moneys have already been deposited into the
19capitalized interest account within the General Obligation
20Bond Retirement and Interest Fund shall not be included in the
21calculation of the amounts to be transferred under this
22subsection.
23    (b-5) The money deposited into the School Infrastructure
24Fund from transfers pursuant to subsections (c-30) and (c-35)
25of Section 13 of the Riverboat Gambling Act shall be applied,
26without further direction, as provided in subsection (b-3) of

 

 

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1Section 5-35 of the School Construction Law.
2    (c) The surplus, if any, in the School Infrastructure Fund
3after payments made pursuant to subsections (a-5), (b), and
4(b-5) of this Section shall, subject to appropriation, be used
5as follows:
6    First - to make 3 payments to the School Technology
7Revolving Loan Fund as follows:
8        Transfer of $30,000,000 in fiscal year 1999;
9        Transfer of $20,000,000 in fiscal year 2000; and
10        Transfer of $10,000,000 in fiscal year 2001.
11    Second - to pay any amounts due for grants for school
12construction projects and debt service under the School
13Construction Law.
14    Third - to pay any amounts due for grants for school
15maintenance projects under the School Construction Law.
16(Source: P.A. 100-23, eff. 7-6-17.)
 
17    Section 10. The Local Government Debt Reform Act is amended
18by changing Section 16.5 as follows:
 
19    (30 ILCS 350/16.5)
20    Sec. 16.5. Proposition for bonds. For all elections held
21after July 1, 2000, the form of a proposition to authorize the
22issuance of bonds pursuant to either a referendum or backdoor
23referendum may be as set forth in this Section as an
24alternative to the form of proposition as otherwise set forth

 

 

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1by applicable law. The proposition authorized by this Section
2shall be in substantially the following form:
3        Shall (name of governmental unit) (state purpose for
4    the bond issue) and issue its bonds to the amount of $
5    (state amount) for the purpose of paying the costs thereof?
6    If a school district expects to receive a school
7construction grant from the State of Illinois pursuant to the
8School Construction Law for a school construction project to be
9financed in part with proceeds of a bond authorized by
10referendum, then the form of proposition may at the option of
11the school district additionally contain substantially the
12following language:
13        (Name of school district) expects to receive a school
14    construction grant from the State of Illinois in the amount
15    of $ (state amount) pursuant to the School Construction Law
16    for the school construction project to be financed in part
17    with proceeds of the bonds, based on (i) a grant index
18    entitlement from the State Board of Education and (ii)
19    current recognized project costs determined by the Capital
20    Development Board.
21(Source: P.A. 91-868, eff. 6-22-00; 92-879, eff. 1-13-03.)
 
22    Section 15. The School Code is amended by changing Section
2319-1 as follows:
 
24    (105 ILCS 5/19-1)

 

 

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1    Sec. 19-1. Debt limitations of school districts.
2    (a) School districts shall not be subject to the provisions
3limiting their indebtedness prescribed in the Local Government
4Debt Limitation Act.
5    No school districts maintaining grades K through 8 or 9
6through 12 shall become indebted in any manner or for any
7purpose to an amount, including existing indebtedness, in the
8aggregate exceeding 6.9% on the value of the taxable property
9therein to be ascertained by the last assessment for State and
10county taxes or, until January 1, 1983, if greater, the sum
11that is produced by multiplying the school district's 1978
12equalized assessed valuation by the debt limitation percentage
13in effect on January 1, 1979, previous to the incurring of such
14indebtedness.
15    No school districts maintaining grades K through 12 shall
16become indebted in any manner or for any purpose to an amount,
17including existing indebtedness, in the aggregate exceeding
1813.8% on the value of the taxable property therein to be
19ascertained by the last assessment for State and county taxes
20or, until January 1, 1983, if greater, the sum that is produced
21by multiplying the school district's 1978 equalized assessed
22valuation by the debt limitation percentage in effect on
23January 1, 1979, previous to the incurring of such
24indebtedness.
25    No partial elementary unit district, as defined in Article
2611E of this Code, shall become indebted in any manner or for

 

 

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1any purpose in an amount, including existing indebtedness, in
2the aggregate exceeding 6.9% of the value of the taxable
3property of the entire district, to be ascertained by the last
4assessment for State and county taxes, plus an amount,
5including existing indebtedness, in the aggregate exceeding
66.9% of the value of the taxable property of that portion of
7the district included in the elementary and high school
8classification, to be ascertained by the last assessment for
9State and county taxes. Moreover, no partial elementary unit
10district, as defined in Article 11E of this Code, shall become
11indebted on account of bonds issued by the district for high
12school purposes in the aggregate exceeding 6.9% of the value of
13the taxable property of the entire district, to be ascertained
14by the last assessment for State and county taxes, nor shall
15the district become indebted on account of bonds issued by the
16district for elementary purposes in the aggregate exceeding
176.9% of the value of the taxable property for that portion of
18the district included in the elementary and high school
19classification, to be ascertained by the last assessment for
20State and county taxes.
21    Notwithstanding the provisions of any other law to the
22contrary, in any case in which the voters of a school district
23have approved a proposition for the issuance of bonds of such
24school district at an election held prior to January 1, 1979,
25and all of the bonds approved at such election have not been
26issued, the debt limitation applicable to such school district

 

 

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1during the calendar year 1979 shall be computed by multiplying
2the value of taxable property therein, including personal
3property, as ascertained by the last assessment for State and
4county taxes, previous to the incurring of such indebtedness,
5by the percentage limitation applicable to such school district
6under the provisions of this subsection (a).
7    (a-5) After January 1, 2018, no school district may issue
8bonds under Sections 19-2 through 19-7 of this Code and rely on
9an exception to the debt limitations in this Section unless it
10has complied with the requirements of Section 21 of the Bond
11Issue Notification Act and the bonds have been approved by
12referendum.
13    (b) Notwithstanding the debt limitation prescribed in
14subsection (a) of this Section, additional indebtedness may be
15incurred in an amount not to exceed the estimated cost of
16acquiring or improving school sites or constructing and
17equipping additional building facilities under the following
18conditions:
19        (1) Whenever the enrollment of students for the next
20    school year is estimated by the board of education to
21    increase over the actual present enrollment by not less
22    than 35% or by not less than 200 students or the actual
23    present enrollment of students has increased over the
24    previous school year by not less than 35% or by not less
25    than 200 students and the board of education determines
26    that additional school sites or building facilities are

 

 

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1    required as a result of such increase in enrollment; and
2        (2) When the Regional Superintendent of Schools having
3    jurisdiction over the school district and the State
4    Superintendent of Education concur in such enrollment
5    projection or increase and approve the need for such
6    additional school sites or building facilities and the
7    estimated cost thereof; and
8        (3) When the voters in the school district approve a
9    proposition for the issuance of bonds for the purpose of
10    acquiring or improving such needed school sites or
11    constructing and equipping such needed additional building
12    facilities at an election called and held for that purpose.
13    Notice of such an election shall state that the amount of
14    indebtedness proposed to be incurred would exceed the debt
15    limitation otherwise applicable to the school district.
16    The ballot for such proposition shall state what percentage
17    of the equalized assessed valuation will be outstanding in
18    bonds if the proposed issuance of bonds is approved by the
19    voters; or
20        (4) Notwithstanding the provisions of paragraphs (1)
21    through (3) of this subsection (b), if the school board
22    determines that additional facilities are needed to
23    provide a quality educational program and not less than 2/3
24    of those voting in an election called by the school board
25    on the question approve the issuance of bonds for the
26    construction of such facilities, the school district may

 

 

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1    issue bonds for this purpose; or
2        (5) Notwithstanding the provisions of paragraphs (1)
3    through (3) of this subsection (b), if (i) the school
4    district has previously availed itself of the provisions of
5    paragraph (4) of this subsection (b) to enable it to issue
6    bonds, (ii) the voters of the school district have not
7    defeated a proposition for the issuance of bonds since the
8    referendum described in paragraph (4) of this subsection
9    (b) was held, (iii) the school board determines that
10    additional facilities are needed to provide a quality
11    educational program, and (iv) a majority of those voting in
12    an election called by the school board on the question
13    approve the issuance of bonds for the construction of such
14    facilities, the school district may issue bonds for this
15    purpose.
16    In no event shall the indebtedness incurred pursuant to
17this subsection (b) and the existing indebtedness of the school
18district exceed 15% of the value of the taxable property
19therein to be ascertained by the last assessment for State and
20county taxes, previous to the incurring of such indebtedness
21or, until January 1, 1983, if greater, the sum that is produced
22by multiplying the school district's 1978 equalized assessed
23valuation by the debt limitation percentage in effect on
24January 1, 1979.
25    The indebtedness provided for by this subsection (b) shall
26be in addition to and in excess of any other debt limitation.

 

 

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1    (c) Notwithstanding the debt limitation prescribed in
2subsection (a) of this Section, in any case in which a public
3question for the issuance of bonds of a proposed school
4district maintaining grades kindergarten through 12 received
5at least 60% of the valid ballots cast on the question at an
6election held on or prior to November 8, 1994, and in which the
7bonds approved at such election have not been issued, the
8school district pursuant to the requirements of Section 11A-10
9(now repealed) may issue the total amount of bonds approved at
10such election for the purpose stated in the question.
11    (d) Notwithstanding the debt limitation prescribed in
12subsection (a) of this Section, a school district that meets
13all the criteria set forth in paragraphs (1) and (2) of this
14subsection (d) may incur an additional indebtedness in an
15amount not to exceed $4,500,000, even though the amount of the
16additional indebtedness authorized by this subsection (d),
17when incurred and added to the aggregate amount of indebtedness
18of the district existing immediately prior to the district
19incurring the additional indebtedness authorized by this
20subsection (d), causes the aggregate indebtedness of the
21district to exceed the debt limitation otherwise applicable to
22that district under subsection (a):
23        (1) The additional indebtedness authorized by this
24    subsection (d) is incurred by the school district through
25    the issuance of bonds under and in accordance with Section
26    17-2.11a for the purpose of replacing a school building

 

 

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1    which, because of mine subsidence damage, has been closed
2    as provided in paragraph (2) of this subsection (d) or
3    through the issuance of bonds under and in accordance with
4    Section 19-3 for the purpose of increasing the size of, or
5    providing for additional functions in, such replacement
6    school buildings, or both such purposes.
7        (2) The bonds issued by the school district as provided
8    in paragraph (1) above are issued for the purposes of
9    construction by the school district of a new school
10    building pursuant to Section 17-2.11, to replace an
11    existing school building that, because of mine subsidence
12    damage, is closed as of the end of the 1992-93 school year
13    pursuant to action of the regional superintendent of
14    schools of the educational service region in which the
15    district is located under Section 3-14.22 or are issued for
16    the purpose of increasing the size of, or providing for
17    additional functions in, the new school building being
18    constructed to replace a school building closed as the
19    result of mine subsidence damage, or both such purposes.
20    (e) (Blank).
21    (f) Notwithstanding the provisions of subsection (a) of
22this Section or of any other law, bonds in not to exceed the
23aggregate amount of $5,500,000 and issued by a school district
24meeting the following criteria shall not be considered
25indebtedness for purposes of any statutory limitation and may
26be issued in an amount or amounts, including existing

 

 

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1indebtedness, in excess of any heretofore or hereafter imposed
2statutory limitation as to indebtedness:
3        (1) At the time of the sale of such bonds, the board of
4    education of the district shall have determined by
5    resolution that the enrollment of students in the district
6    is projected to increase by not less than 7% during each of
7    the next succeeding 2 school years.
8        (2) The board of education shall also determine by
9    resolution that the improvements to be financed with the
10    proceeds of the bonds are needed because of the projected
11    enrollment increases.
12        (3) The board of education shall also determine by
13    resolution that the projected increases in enrollment are
14    the result of improvements made or expected to be made to
15    passenger rail facilities located in the school district.
16    Notwithstanding the provisions of subsection (a) of this
17Section or of any other law, a school district that has availed
18itself of the provisions of this subsection (f) prior to July
1922, 2004 (the effective date of Public Act 93-799) may also
20issue bonds approved by referendum up to an amount, including
21existing indebtedness, not exceeding 25% of the equalized
22assessed value of the taxable property in the district if all
23of the conditions set forth in items (1), (2), and (3) of this
24subsection (f) are met.
25    (g) Notwithstanding the provisions of subsection (a) of
26this Section or any other law, bonds in not to exceed an

 

 

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1aggregate amount of 25% of the equalized assessed value of the
2taxable property of a school district and issued by a school
3district meeting the criteria in paragraphs (i) through (iv) of
4this subsection shall not be considered indebtedness for
5purposes of any statutory limitation and may be issued pursuant
6to resolution of the school board in an amount or amounts,
7including existing indebtedness, in excess of any statutory
8limitation of indebtedness heretofore or hereafter imposed:
9        (i) The bonds are issued for the purpose of
10    constructing a new high school building to replace two
11    adjacent existing buildings which together house a single
12    high school, each of which is more than 65 years old, and
13    which together are located on more than 10 acres and less
14    than 11 acres of property.
15        (ii) At the time the resolution authorizing the
16    issuance of the bonds is adopted, the cost of constructing
17    a new school building to replace the existing school
18    building is less than 60% of the cost of repairing the
19    existing school building.
20        (iii) The sale of the bonds occurs before July 1, 1997.
21        (iv) The school district issuing the bonds is a unit
22    school district located in a county of less than 70,000 and
23    more than 50,000 inhabitants, which has an average daily
24    attendance of less than 1,500 and an equalized assessed
25    valuation of less than $29,000,000.
26    (h) Notwithstanding any other provisions of this Section or

 

 

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1the provisions of any other law, until January 1, 1998, a
2community unit school district maintaining grades K through 12
3may issue bonds up to an amount, including existing
4indebtedness, not exceeding 27.6% of the equalized assessed
5value of the taxable property in the district, if all of the
6following conditions are met:
7        (i) The school district has an equalized assessed
8    valuation for calendar year 1995 of less than $24,000,000;
9        (ii) The bonds are issued for the capital improvement,
10    renovation, rehabilitation, or replacement of existing
11    school buildings of the district, all of which buildings
12    were originally constructed not less than 40 years ago;
13        (iii) The voters of the district approve a proposition
14    for the issuance of the bonds at a referendum held after
15    March 19, 1996; and
16        (iv) The bonds are issued pursuant to Sections 19-2
17    through 19-7 of this Code.
18    (i) Notwithstanding any other provisions of this Section or
19the provisions of any other law, until January 1, 1998, a
20community unit school district maintaining grades K through 12
21may issue bonds up to an amount, including existing
22indebtedness, not exceeding 27% of the equalized assessed value
23of the taxable property in the district, if all of the
24following conditions are met:
25        (i) The school district has an equalized assessed
26    valuation for calendar year 1995 of less than $44,600,000;

 

 

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1        (ii) The bonds are issued for the capital improvement,
2    renovation, rehabilitation, or replacement of existing
3    school buildings of the district, all of which existing
4    buildings were originally constructed not less than 80
5    years ago;
6        (iii) The voters of the district approve a proposition
7    for the issuance of the bonds at a referendum held after
8    December 31, 1996; and
9        (iv) The bonds are issued pursuant to Sections 19-2
10    through 19-7 of this Code.
11    (j) Notwithstanding any other provisions of this Section or
12the provisions of any other law, until January 1, 1999, a
13community unit school district maintaining grades K through 12
14may issue bonds up to an amount, including existing
15indebtedness, not exceeding 27% of the equalized assessed value
16of the taxable property in the district if all of the following
17conditions are met:
18        (i) The school district has an equalized assessed
19    valuation for calendar year 1995 of less than $140,000,000
20    and a best 3 months average daily attendance for the
21    1995-96 school year of at least 2,800;
22        (ii) The bonds are issued to purchase a site and build
23    and equip a new high school, and the school district's
24    existing high school was originally constructed not less
25    than 35 years prior to the sale of the bonds;
26        (iii) At the time of the sale of the bonds, the board

 

 

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1    of education determines by resolution that a new high
2    school is needed because of projected enrollment
3    increases;
4        (iv) At least 60% of those voting in an election held
5    after December 31, 1996 approve a proposition for the
6    issuance of the bonds; and
7        (v) The bonds are issued pursuant to Sections 19-2
8    through 19-7 of this Code.
9    (k) Notwithstanding the debt limitation prescribed in
10subsection (a) of this Section, a school district that meets
11all the criteria set forth in paragraphs (1) through (4) of
12this subsection (k) may issue bonds to incur an additional
13indebtedness in an amount not to exceed $4,000,000 even though
14the amount of the additional indebtedness authorized by this
15subsection (k), when incurred and added to the aggregate amount
16of indebtedness of the school district existing immediately
17prior to the school district incurring such additional
18indebtedness, causes the aggregate indebtedness of the school
19district to exceed or increases the amount by which the
20aggregate indebtedness of the district already exceeds the debt
21limitation otherwise applicable to that school district under
22subsection (a):
23        (1) the school district is located in 2 counties, and a
24    referendum to authorize the additional indebtedness was
25    approved by a majority of the voters of the school district
26    voting on the proposition to authorize that indebtedness;

 

 

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1        (2) the additional indebtedness is for the purpose of
2    financing a multi-purpose room addition to the existing
3    high school;
4        (3) the additional indebtedness, together with the
5    existing indebtedness of the school district, shall not
6    exceed 17.4% of the value of the taxable property in the
7    school district, to be ascertained by the last assessment
8    for State and county taxes; and
9        (4) the bonds evidencing the additional indebtedness
10    are issued, if at all, within 120 days of August 14, 1998
11    (the effective date of Public Act 90-757).
12    (l) Notwithstanding any other provisions of this Section or
13the provisions of any other law, until January 1, 2000, a
14school district maintaining grades kindergarten through 8 may
15issue bonds up to an amount, including existing indebtedness,
16not exceeding 15% of the equalized assessed value of the
17taxable property in the district if all of the following
18conditions are met:
19        (i) the district has an equalized assessed valuation
20    for calendar year 1996 of less than $10,000,000;
21        (ii) the bonds are issued for capital improvement,
22    renovation, rehabilitation, or replacement of one or more
23    school buildings of the district, which buildings were
24    originally constructed not less than 70 years ago;
25        (iii) the voters of the district approve a proposition
26    for the issuance of the bonds at a referendum held on or

 

 

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1    after March 17, 1998; and
2        (iv) the bonds are issued pursuant to Sections 19-2
3    through 19-7 of this Code.
4    (m) Notwithstanding any other provisions of this Section or
5the provisions of any other law, until January 1, 1999, an
6elementary school district maintaining grades K through 8 may
7issue bonds up to an amount, excluding existing indebtedness,
8not exceeding 18% of the equalized assessed value of the
9taxable property in the district, if all of the following
10conditions are met:
11        (i) The school district has an equalized assessed
12    valuation for calendar year 1995 or less than $7,700,000;
13        (ii) The school district operates 2 elementary
14    attendance centers that until 1976 were operated as the
15    attendance centers of 2 separate and distinct school
16    districts;
17        (iii) The bonds are issued for the construction of a
18    new elementary school building to replace an existing
19    multi-level elementary school building of the school
20    district that is not accessible at all levels and parts of
21    which were constructed more than 75 years ago;
22        (iv) The voters of the school district approve a
23    proposition for the issuance of the bonds at a referendum
24    held after July 1, 1998; and
25        (v) The bonds are issued pursuant to Sections 19-2
26    through 19-7 of this Code.

 

 

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1    (n) Notwithstanding the debt limitation prescribed in
2subsection (a) of this Section or any other provisions of this
3Section or of any other law, a school district that meets all
4of the criteria set forth in paragraphs (i) through (vi) of
5this subsection (n) may incur additional indebtedness by the
6issuance of bonds in an amount not exceeding the amount
7certified by the Capital Development Board to the school
8district as provided in paragraph (iii) of this subsection (n),
9even though the amount of the additional indebtedness so
10authorized, when incurred and added to the aggregate amount of
11indebtedness of the district existing immediately prior to the
12district incurring the additional indebtedness authorized by
13this subsection (n), causes the aggregate indebtedness of the
14district to exceed the debt limitation otherwise applicable by
15law to that district:
16        (i) The school district applies to the State Board of
17    Education for a school construction project grant and
18    submits a district facilities plan in support of its
19    application pursuant to Section 5-20 of the School
20    Construction Law.
21        (ii) The school district's application and facilities
22    plan are approved by, and the district receives a grant
23    index entitlement for a school construction project issued
24    by, the State Board of Education under the School
25    Construction Law.
26        (iii) The school district has exhausted its bonding

 

 

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1    capacity or the unused bonding capacity of the district is
2    less than the amount certified by the Capital Development
3    Board to the district under Section 5-15 of the School
4    Construction Law as the dollar amount of the school
5    construction project's cost that the district will be
6    required to finance with non-grant funds in order to
7    receive a school construction project grant under the
8    School Construction Law.
9        (iv) The bonds are issued for a "school construction
10    project", as that term is defined in Section 5-5 of the
11    School Construction Law, in an amount that does not exceed
12    the dollar amount certified, as provided in paragraph (iii)
13    of this subsection (n), by the Capital Development Board to
14    the school district under Section 5-15 of the School
15    Construction Law.
16        (v) The voters of the district approve a proposition
17    for the issuance of the bonds at a referendum held after
18    the criteria specified in paragraphs (i) and (iii) of this
19    subsection (n) are met.
20        (vi) The bonds are issued pursuant to Sections 19-2
21    through 19-7 of the School Code.
22    (o) Notwithstanding any other provisions of this Section or
23the provisions of any other law, until November 1, 2007, a
24community unit school district maintaining grades K through 12
25may issue bonds up to an amount, including existing
26indebtedness, not exceeding 20% of the equalized assessed value

 

 

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1of the taxable property in the district if all of the following
2conditions are met:
3        (i) the school district has an equalized assessed
4    valuation for calendar year 2001 of at least $737,000,000
5    and an enrollment for the 2002-2003 school year of at least
6    8,500;
7        (ii) the bonds are issued to purchase school sites,
8    build and equip a new high school, build and equip a new
9    junior high school, build and equip 5 new elementary
10    schools, and make technology and other improvements and
11    additions to existing schools;
12        (iii) at the time of the sale of the bonds, the board
13    of education determines by resolution that the sites and
14    new or improved facilities are needed because of projected
15    enrollment increases;
16        (iv) at least 57% of those voting in a general election
17    held prior to January 1, 2003 approved a proposition for
18    the issuance of the bonds; and
19        (v) the bonds are issued pursuant to Sections 19-2
20    through 19-7 of this Code.
21    (p) Notwithstanding any other provisions of this Section or
22the provisions of any other law, a community unit school
23district maintaining grades K through 12 may issue bonds up to
24an amount, including indebtedness, not exceeding 27% of the
25equalized assessed value of the taxable property in the
26district if all of the following conditions are met:

 

 

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1        (i) The school district has an equalized assessed
2    valuation for calendar year 2001 of at least $295,741,187
3    and a best 3 months' average daily attendance for the
4    2002-2003 school year of at least 2,394.
5        (ii) The bonds are issued to build and equip 3
6    elementary school buildings; build and equip one middle
7    school building; and alter, repair, improve, and equip all
8    existing school buildings in the district.
9        (iii) At the time of the sale of the bonds, the board
10    of education determines by resolution that the project is
11    needed because of expanding growth in the school district
12    and a projected enrollment increase.
13        (iv) The bonds are issued pursuant to Sections 19-2
14    through 19-7 of this Code.
15    (p-5) Notwithstanding any other provisions of this Section
16or the provisions of any other law, bonds issued by a community
17unit school district maintaining grades K through 12 shall not
18be considered indebtedness for purposes of any statutory
19limitation and may be issued in an amount or amounts, including
20existing indebtedness, in excess of any heretofore or hereafter
21imposed statutory limitation as to indebtedness, if all of the
22following conditions are met:
23        (i) For each of the 4 most recent years, residential
24    property comprises more than 80% of the equalized assessed
25    valuation of the district.
26        (ii) At least 2 school buildings that were constructed

 

 

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1    40 or more years prior to the issuance of the bonds will be
2    demolished and will be replaced by new buildings or
3    additions to one or more existing buildings.
4        (iii) Voters of the district approve a proposition for
5    the issuance of the bonds at a regularly scheduled
6    election.
7        (iv) At the time of the sale of the bonds, the school
8    board determines by resolution that the new buildings or
9    building additions are needed because of an increase in
10    enrollment projected by the school board.
11        (v) The principal amount of the bonds, including
12    existing indebtedness, does not exceed 25% of the equalized
13    assessed value of the taxable property in the district.
14        (vi) The bonds are issued prior to January 1, 2007,
15    pursuant to Sections 19-2 through 19-7 of this Code.
16    (p-10) Notwithstanding any other provisions of this
17Section or the provisions of any other law, bonds issued by a
18community consolidated school district maintaining grades K
19through 8 shall not be considered indebtedness for purposes of
20any statutory limitation and may be issued in an amount or
21amounts, including existing indebtedness, in excess of any
22heretofore or hereafter imposed statutory limitation as to
23indebtedness, if all of the following conditions are met:
24        (i) For each of the 4 most recent years, residential
25    and farm property comprises more than 80% of the equalized
26    assessed valuation of the district.

 

 

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1        (ii) The bond proceeds are to be used to acquire and
2    improve school sites and build and equip a school building.
3        (iii) Voters of the district approve a proposition for
4    the issuance of the bonds at a regularly scheduled
5    election.
6        (iv) At the time of the sale of the bonds, the school
7    board determines by resolution that the school sites and
8    building additions are needed because of an increase in
9    enrollment projected by the school board.
10        (v) The principal amount of the bonds, including
11    existing indebtedness, does not exceed 20% of the equalized
12    assessed value of the taxable property in the district.
13        (vi) The bonds are issued prior to January 1, 2007,
14    pursuant to Sections 19-2 through 19-7 of this Code.
15    (p-15) In addition to all other authority to issue bonds,
16the Oswego Community Unit School District Number 308 may issue
17bonds with an aggregate principal amount not to exceed
18$450,000,000, but only if all of the following conditions are
19met:
20        (i) The voters of the district have approved a
21    proposition for the bond issue at the general election held
22    on November 7, 2006.
23        (ii) At the time of the sale of the bonds, the school
24    board determines, by resolution, that: (A) the building and
25    equipping of the new high school building, new junior high
26    school buildings, new elementary school buildings, early

 

 

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1    childhood building, maintenance building, transportation
2    facility, and additions to existing school buildings, the
3    altering, repairing, equipping, and provision of
4    technology improvements to existing school buildings, and
5    the acquisition and improvement of school sites, as the
6    case may be, are required as a result of a projected
7    increase in the enrollment of students in the district; and
8    (B) the sale of bonds for these purposes is authorized by
9    legislation that exempts the debt incurred on the bonds
10    from the district's statutory debt limitation.
11        (iii) The bonds are issued, in one or more bond issues,
12    on or before November 7, 2011, but the aggregate principal
13    amount issued in all such bond issues combined must not
14    exceed $450,000,000.
15        (iv) The bonds are issued in accordance with this
16    Article 19.
17        (v) The proceeds of the bonds are used only to
18    accomplish those projects approved by the voters at the
19    general election held on November 7, 2006.
20The debt incurred on any bonds issued under this subsection
21(p-15) shall not be considered indebtedness for purposes of any
22statutory debt limitation.
23    (p-20) In addition to all other authority to issue bonds,
24the Lincoln-Way Community High School District Number 210 may
25issue bonds with an aggregate principal amount not to exceed
26$225,000,000, but only if all of the following conditions are

 

 

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1met:
2        (i) The voters of the district have approved a
3    proposition for the bond issue at the general primary
4    election held on March 21, 2006.
5        (ii) At the time of the sale of the bonds, the school
6    board determines, by resolution, that: (A) the building and
7    equipping of the new high school buildings, the altering,
8    repairing, and equipping of existing school buildings, and
9    the improvement of school sites, as the case may be, are
10    required as a result of a projected increase in the
11    enrollment of students in the district; and (B) the sale of
12    bonds for these purposes is authorized by legislation that
13    exempts the debt incurred on the bonds from the district's
14    statutory debt limitation.
15        (iii) The bonds are issued, in one or more bond issues,
16    on or before March 21, 2011, but the aggregate principal
17    amount issued in all such bond issues combined must not
18    exceed $225,000,000.
19        (iv) The bonds are issued in accordance with this
20    Article 19.
21        (v) The proceeds of the bonds are used only to
22    accomplish those projects approved by the voters at the
23    primary election held on March 21, 2006.
24The debt incurred on any bonds issued under this subsection
25(p-20) shall not be considered indebtedness for purposes of any
26statutory debt limitation.

 

 

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1    (p-25) In addition to all other authority to issue bonds,
2Rochester Community Unit School District 3A may issue bonds
3with an aggregate principal amount not to exceed $18,500,000,
4but only if all of the following conditions are met:
5        (i) The voters of the district approve a proposition
6    for the bond issuance at the general primary election held
7    in 2008.
8        (ii) At the time of the sale of the bonds, the school
9    board determines, by resolution, that: (A) the building and
10    equipping of a new high school building; the addition of
11    classrooms and support facilities at the high school,
12    middle school, and elementary school; the altering,
13    repairing, and equipping of existing school buildings; and
14    the improvement of school sites, as the case may be, are
15    required as a result of a projected increase in the
16    enrollment of students in the district; and (B) the sale of
17    bonds for these purposes is authorized by a law that
18    exempts the debt incurred on the bonds from the district's
19    statutory debt limitation.
20        (iii) The bonds are issued, in one or more bond issues,
21    on or before December 31, 2012, but the aggregate principal
22    amount issued in all such bond issues combined must not
23    exceed $18,500,000.
24        (iv) The bonds are issued in accordance with this
25    Article 19.
26        (v) The proceeds of the bonds are used to accomplish

 

 

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1    only those projects approved by the voters at the primary
2    election held in 2008.
3The debt incurred on any bonds issued under this subsection
4(p-25) shall not be considered indebtedness for purposes of any
5statutory debt limitation.
6    (p-30) In addition to all other authority to issue bonds,
7Prairie Grove Consolidated School District 46 may issue bonds
8with an aggregate principal amount not to exceed $30,000,000,
9but only if all of the following conditions are met:
10        (i) The voters of the district approve a proposition
11    for the bond issuance at an election held in 2008.
12        (ii) At the time of the sale of the bonds, the school
13    board determines, by resolution, that (A) the building and
14    equipping of a new school building and additions to
15    existing school buildings are required as a result of a
16    projected increase in the enrollment of students in the
17    district and (B) the altering, repairing, and equipping of
18    existing school buildings are required because of the age
19    of the existing school buildings.
20        (iii) The bonds are issued, in one or more bond
21    issuances, on or before December 31, 2012; however, the
22    aggregate principal amount issued in all such bond
23    issuances combined must not exceed $30,000,000.
24        (iv) The bonds are issued in accordance with this
25    Article.
26        (v) The proceeds of the bonds are used to accomplish

 

 

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1    only those projects approved by the voters at an election
2    held in 2008.
3The debt incurred on any bonds issued under this subsection
4(p-30) shall not be considered indebtedness for purposes of any
5statutory debt limitation.
6    (p-35) In addition to all other authority to issue bonds,
7Prairie Hill Community Consolidated School District 133 may
8issue bonds with an aggregate principal amount not to exceed
9$13,900,000, but only if all of the following conditions are
10met:
11        (i) The voters of the district approved a proposition
12    for the bond issuance at an election held on April 17,
13    2007.
14        (ii) At the time of the sale of the bonds, the school
15    board determines, by resolution, that (A) the improvement
16    of the site of and the building and equipping of a school
17    building are required as a result of a projected increase
18    in the enrollment of students in the district and (B) the
19    repairing and equipping of the Prairie Hill Elementary
20    School building is required because of the age of that
21    school building.
22        (iii) The bonds are issued, in one or more bond
23    issuances, on or before December 31, 2011, but the
24    aggregate principal amount issued in all such bond
25    issuances combined must not exceed $13,900,000.
26        (iv) The bonds are issued in accordance with this

 

 

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1    Article.
2        (v) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held on April 17, 2007.
5The debt incurred on any bonds issued under this subsection
6(p-35) shall not be considered indebtedness for purposes of any
7statutory debt limitation.
8    (p-40) In addition to all other authority to issue bonds,
9Mascoutah Community Unit District 19 may issue bonds with an
10aggregate principal amount not to exceed $55,000,000, but only
11if all of the following conditions are met:
12        (1) The voters of the district approve a proposition
13    for the bond issuance at a regular election held on or
14    after November 4, 2008.
15        (2) At the time of the sale of the bonds, the school
16    board determines, by resolution, that (i) the building and
17    equipping of a new high school building is required as a
18    result of a projected increase in the enrollment of
19    students in the district and the age and condition of the
20    existing high school building, (ii) the existing high
21    school building will be demolished, and (iii) the sale of
22    bonds is authorized by statute that exempts the debt
23    incurred on the bonds from the district's statutory debt
24    limitation.
25        (3) The bonds are issued, in one or more bond
26    issuances, on or before December 31, 2011, but the

 

 

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1    aggregate principal amount issued in all such bond
2    issuances combined must not exceed $55,000,000.
3        (4) The bonds are issued in accordance with this
4    Article.
5        (5) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at a regular
7    election held on or after November 4, 2008.
8    The debt incurred on any bonds issued under this subsection
9(p-40) shall not be considered indebtedness for purposes of any
10statutory debt limitation.
11    (p-45) Notwithstanding the provisions of subsection (a) of
12this Section or of any other law, bonds issued pursuant to
13Section 19-3.5 of this Code shall not be considered
14indebtedness for purposes of any statutory limitation if the
15bonds are issued in an amount or amounts, including existing
16indebtedness of the school district, not in excess of 18.5% of
17the value of the taxable property in the district to be
18ascertained by the last assessment for State and county taxes.
19    (p-50) Notwithstanding the provisions of subsection (a) of
20this Section or of any other law, bonds issued pursuant to
21Section 19-3.10 of this Code shall not be considered
22indebtedness for purposes of any statutory limitation if the
23bonds are issued in an amount or amounts, including existing
24indebtedness of the school district, not in excess of 43% of
25the value of the taxable property in the district to be
26ascertained by the last assessment for State and county taxes.

 

 

HB2898- 33 -LRB101 10921 AXK 56076 b

1    (p-55) In addition to all other authority to issue bonds,
2Belle Valley School District 119 may issue bonds with an
3aggregate principal amount not to exceed $47,500,000, but only
4if all of the following conditions are met:
5        (1) The voters of the district approve a proposition
6    for the bond issuance at an election held on or after April
7    7, 2009.
8        (2) Prior to the issuance of the bonds, the school
9    board determines, by resolution, that (i) the building and
10    equipping of a new school building is required as a result
11    of mine subsidence in an existing school building and
12    because of the age and condition of another existing school
13    building and (ii) the issuance of bonds is authorized by
14    statute that exempts the debt incurred on the bonds from
15    the district's statutory debt limitation.
16        (3) The bonds are issued, in one or more bond
17    issuances, on or before March 31, 2014, but the aggregate
18    principal amount issued in all such bond issuances combined
19    must not exceed $47,500,000.
20        (4) The bonds are issued in accordance with this
21    Article.
22        (5) The proceeds of the bonds are used to accomplish
23    only those projects approved by the voters at an election
24    held on or after April 7, 2009.
25    The debt incurred on any bonds issued under this subsection
26(p-55) shall not be considered indebtedness for purposes of any

 

 

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1statutory debt limitation. Bonds issued under this subsection
2(p-55) must mature within not to exceed 30 years from their
3date, notwithstanding any other law to the contrary.
4    (p-60) In addition to all other authority to issue bonds,
5Wilmington Community Unit School District Number 209-U may
6issue bonds with an aggregate principal amount not to exceed
7$2,285,000, but only if all of the following conditions are
8met:
9        (1) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at the general
11    primary election held on March 21, 2006.
12        (2) Prior to the issuance of the bonds, the school
13    board determines, by resolution, that (i) the projects
14    approved by the voters were and are required because of the
15    age and condition of the school district's prior and
16    existing school buildings and (ii) the issuance of the
17    bonds is authorized by legislation that exempts the debt
18    incurred on the bonds from the district's statutory debt
19    limitation.
20        (3) The bonds are issued in one or more bond issuances
21    on or before March 1, 2011, but the aggregate principal
22    amount issued in all those bond issuances combined must not
23    exceed $2,285,000.
24        (4) The bonds are issued in accordance with this
25    Article.
26    The debt incurred on any bonds issued under this subsection

 

 

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1(p-60) shall not be considered indebtedness for purposes of any
2statutory debt limitation.
3    (p-65) In addition to all other authority to issue bonds,
4West Washington County Community Unit School District 10 may
5issue bonds with an aggregate principal amount not to exceed
6$32,200,000 and maturing over a period not exceeding 25 years,
7but only if all of the following conditions are met:
8        (1) The voters of the district approve a proposition
9    for the bond issuance at an election held on or after
10    February 2, 2010.
11        (2) Prior to the issuance of the bonds, the school
12    board determines, by resolution, that (A) all or a portion
13    of the existing Okawville Junior/Senior High School
14    Building will be demolished; (B) the building and equipping
15    of a new school building to be attached to and the
16    alteration, repair, and equipping of the remaining portion
17    of the Okawville Junior/Senior High School Building is
18    required because of the age and current condition of that
19    school building; and (C) the issuance of bonds is
20    authorized by a statute that exempts the debt incurred on
21    the bonds from the district's statutory debt limitation.
22        (3) The bonds are issued, in one or more bond
23    issuances, on or before March 31, 2014, but the aggregate
24    principal amount issued in all such bond issuances combined
25    must not exceed $32,200,000.
26        (4) The bonds are issued in accordance with this

 

 

HB2898- 36 -LRB101 10921 AXK 56076 b

1    Article.
2        (5) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held on or after February 2, 2010.
5    The debt incurred on any bonds issued under this subsection
6(p-65) shall not be considered indebtedness for purposes of any
7statutory debt limitation.
8    (p-70) In addition to all other authority to issue bonds,
9Cahokia Community Unit School District 187 may issue bonds with
10an aggregate principal amount not to exceed $50,000,000, but
11only if all the following conditions are met:
12        (1) The voters of the district approve a proposition
13    for the bond issuance at an election held on or after
14    November 2, 2010.
15        (2) Prior to the issuance of the bonds, the school
16    board determines, by resolution, that (i) the building and
17    equipping of a new school building is required as a result
18    of the age and condition of an existing school building and
19    (ii) the issuance of bonds is authorized by a statute that
20    exempts the debt incurred on the bonds from the district's
21    statutory debt limitation.
22        (3) The bonds are issued, in one or more issuances, on
23    or before July 1, 2016, but the aggregate principal amount
24    issued in all such bond issuances combined must not exceed
25    $50,000,000.
26        (4) The bonds are issued in accordance with this

 

 

HB2898- 37 -LRB101 10921 AXK 56076 b

1    Article.
2        (5) The proceeds of the bonds are used to accomplish
3    only those projects approved by the voters at an election
4    held on or after November 2, 2010.
5    The debt incurred on any bonds issued under this subsection
6(p-70) shall not be considered indebtedness for purposes of any
7statutory debt limitation. Bonds issued under this subsection
8(p-70) must mature within not to exceed 25 years from their
9date, notwithstanding any other law, including Section 19-3 of
10this Code, to the contrary.
11    (p-75) Notwithstanding the debt limitation prescribed in
12subsection (a) of this Section or any other provisions of this
13Section or of any other law, the execution of leases on or
14after January 1, 2007 and before July 1, 2011 by the Board of
15Education of Peoria School District 150 with a public building
16commission for leases entered into pursuant to the Public
17Building Commission Act shall not be considered indebtedness
18for purposes of any statutory debt limitation.
19    This subsection (p-75) applies only if the State Board of
20Education or the Capital Development Board makes one or more
21grants to Peoria School District 150 pursuant to the School
22Construction Law. The amount exempted from the debt limitation
23as prescribed in this subsection (p-75) shall be no greater
24than the amount of one or more grants awarded to Peoria School
25District 150 by the State Board of Education or the Capital
26Development Board.

 

 

HB2898- 38 -LRB101 10921 AXK 56076 b

1    (p-80) In addition to all other authority to issue bonds,
2Ridgeland School District 122 may issue bonds with an aggregate
3principal amount not to exceed $50,000,000 for the purpose of
4refunding or continuing to refund bonds originally issued
5pursuant to voter approval at the general election held on
6November 7, 2000, and the debt incurred on any bonds issued
7under this subsection (p-80) shall not be considered
8indebtedness for purposes of any statutory debt limitation.
9Bonds issued under this subsection (p-80) may be issued in one
10or more issuances and must mature within not to exceed 25 years
11from their date, notwithstanding any other law, including
12Section 19-3 of this Code, to the contrary.
13    (p-85) In addition to all other authority to issue bonds,
14Hall High School District 502 may issue bonds with an aggregate
15principal amount not to exceed $32,000,000, but only if all the
16following conditions are met:
17        (1) The voters of the district approve a proposition
18    for the bond issuance at an election held on or after April
19    9, 2013.
20        (2) Prior to the issuance of the bonds, the school
21    board determines, by resolution, that (i) the building and
22    equipping of a new school building is required as a result
23    of the age and condition of an existing school building,
24    (ii) the existing school building should be demolished in
25    its entirety or the existing school building should be
26    demolished except for the 1914 west wing of the building,

 

 

HB2898- 39 -LRB101 10921 AXK 56076 b

1    and (iii) the issuance of bonds is authorized by a statute
2    that exempts the debt incurred on the bonds from the
3    district's statutory debt limitation.
4        (3) The bonds are issued, in one or more issuances, not
5    later than 5 years after the date of the referendum
6    approving the issuance of the bonds, but the aggregate
7    principal amount issued in all such bond issuances combined
8    must not exceed $32,000,000.
9        (4) The bonds are issued in accordance with this
10    Article.
11        (5) The proceeds of the bonds are used to accomplish
12    only those projects approved by the voters at an election
13    held on or after April 9, 2013.
14    The debt incurred on any bonds issued under this subsection
15(p-85) shall not be considered indebtedness for purposes of any
16statutory debt limitation. Bonds issued under this subsection
17(p-85) must mature within not to exceed 30 years from their
18date, notwithstanding any other law, including Section 19-3 of
19this Code, to the contrary.
20    (p-90) In addition to all other authority to issue bonds,
21Lebanon Community Unit School District 9 may issue bonds with
22an aggregate principal amount not to exceed $7,500,000, but
23only if all of the following conditions are met:
24        (1) The voters of the district approved a proposition
25    for the bond issuance at the general primary election on
26    February 2, 2010.

 

 

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1        (2) At or prior to the time of the sale of the bonds,
2    the school board determines, by resolution, that (i) the
3    building and equipping of a new elementary school building
4    is required as a result of a projected increase in the
5    enrollment of students in the district and the age and
6    condition of the existing Lebanon Elementary School
7    building, (ii) a portion of the existing Lebanon Elementary
8    School building will be demolished and the remaining
9    portion will be altered, repaired, and equipped, and (iii)
10    the sale of bonds is authorized by a statute that exempts
11    the debt incurred on the bonds from the district's
12    statutory debt limitation.
13        (3) The bonds are issued, in one or more bond
14    issuances, on or before April 1, 2014, but the aggregate
15    principal amount issued in all such bond issuances combined
16    must not exceed $7,500,000.
17        (4) The bonds are issued in accordance with this
18    Article.
19        (5) The proceeds of the bonds are used to accomplish
20    only those projects approved by the voters at the general
21    primary election held on February 2, 2010.
22    The debt incurred on any bonds issued under this subsection
23(p-90) shall not be considered indebtedness for purposes of any
24statutory debt limitation.
25    (p-95) In addition to all other authority to issue bonds,
26Monticello Community Unit School District 25 may issue bonds

 

 

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1with an aggregate principal amount not to exceed $35,000,000,
2but only if all of the following conditions are met:
3        (1) The voters of the district approve a proposition
4    for the bond issuance at an election held on or after
5    November 4, 2014.
6        (2) Prior to the issuance of the bonds, the school
7    board determines, by resolution, that (i) the building and
8    equipping of a new school building is required as a result
9    of the age and condition of an existing school building and
10    (ii) the issuance of bonds is authorized by a statute that
11    exempts the debt incurred on the bonds from the district's
12    statutory debt limitation.
13        (3) The bonds are issued, in one or more issuances, on
14    or before July 1, 2020, but the aggregate principal amount
15    issued in all such bond issuances combined must not exceed
16    $35,000,000.
17        (4) The bonds are issued in accordance with this
18    Article.
19        (5) The proceeds of the bonds are used to accomplish
20    only those projects approved by the voters at an election
21    held on or after November 4, 2014.
22    The debt incurred on any bonds issued under this subsection
23(p-95) shall not be considered indebtedness for purposes of any
24statutory debt limitation. Bonds issued under this subsection
25(p-95) must mature within not to exceed 25 years from their
26date, notwithstanding any other law, including Section 19-3 of

 

 

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1this Code, to the contrary.
2    (p-100) In addition to all other authority to issue bonds,
3the community unit school district created in the territory
4comprising Milford Community Consolidated School District 280
5and Milford Township High School District 233, as approved at
6the general primary election held on March 18, 2014, may issue
7bonds with an aggregate principal amount not to exceed
8$17,500,000, but only if all the following conditions are met:
9        (1) The voters of the district approve a proposition
10    for the bond issuance at an election held on or after
11    November 4, 2014.
12        (2) Prior to the issuance of the bonds, the school
13    board determines, by resolution, that (i) the building and
14    equipping of a new school building is required as a result
15    of the age and condition of an existing school building and
16    (ii) the issuance of bonds is authorized by a statute that
17    exempts the debt incurred on the bonds from the district's
18    statutory debt limitation.
19        (3) The bonds are issued, in one or more issuances, on
20    or before July 1, 2020, but the aggregate principal amount
21    issued in all such bond issuances combined must not exceed
22    $17,500,000.
23        (4) The bonds are issued in accordance with this
24    Article.
25        (5) The proceeds of the bonds are used to accomplish
26    only those projects approved by the voters at an election

 

 

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1    held on or after November 4, 2014.
2    The debt incurred on any bonds issued under this subsection
3(p-100) shall not be considered indebtedness for purposes of
4any statutory debt limitation. Bonds issued under this
5subsection (p-100) must mature within not to exceed 25 years
6from their date, notwithstanding any other law, including
7Section 19-3 of this Code, to the contrary.
8    (p-105) In addition to all other authority to issue bonds,
9North Shore School District 112 may issue bonds with an
10aggregate principal amount not to exceed $150,000,000, but only
11if all of the following conditions are met:
12        (1) The voters of the district approve a proposition
13    for the bond issuance at an election held on or after March
14    15, 2016.
15        (2) Prior to the issuance of the bonds, the school
16    board determines, by resolution, that (i) the building and
17    equipping of new buildings and improving the sites thereof
18    and the building and equipping of additions to, altering,
19    repairing, equipping, and renovating existing buildings
20    and improving the sites thereof are required as a result of
21    the age and condition of the district's existing buildings
22    and (ii) the issuance of bonds is authorized by a statute
23    that exempts the debt incurred on the bonds from the
24    district's statutory debt limitation.
25        (3) The bonds are issued, in one or more issuances, not
26    later than 5 years after the date of the referendum

 

 

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1    approving the issuance of the bonds, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $150,000,000.
4        (4) The bonds are issued in accordance with this
5    Article.
6        (5) The proceeds of the bonds are used to accomplish
7    only those projects approved by the voters at an election
8    held on or after March 15, 2016.
9    The debt incurred on any bonds issued under this subsection
10(p-105) and on any bonds issued to refund or continue to refund
11such bonds shall not be considered indebtedness for purposes of
12any statutory debt limitation. Bonds issued under this
13subsection (p-105) and any bonds issued to refund or continue
14to refund such bonds must mature within not to exceed 30 years
15from their date, notwithstanding any other law, including
16Section 19-3 of this Code, to the contrary.
17    (p-110) In addition to all other authority to issue bonds,
18Sandoval Community Unit School District 501 may issue bonds
19with an aggregate principal amount not to exceed $2,000,000,
20but only if all of the following conditions are met:
21        (1) The voters of the district approved a proposition
22    for the bond issuance at an election held on March 20,
23    2012.
24        (2) Prior to the issuance of the bonds, the school
25    board determines, by resolution, that (i) the building and
26    equipping of a new school building is required because of

 

 

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1    the age and current condition of the Sandoval Elementary
2    School building and (ii) the issuance of bonds is
3    authorized by a statute that exempts the debt incurred on
4    the bonds from the district's statutory debt limitation.
5        (3) The bonds are issued, in one or more bond
6    issuances, on or before March 19, 2022, but the aggregate
7    principal amount issued in all such bond issuances combined
8    must not exceed $2,000,000.
9        (4) The bonds are issued in accordance with this
10    Article.
11        (5) The proceeds of the bonds are used to accomplish
12    only those projects approved by the voters at the election
13    held on March 20, 2012.
14    The debt incurred on any bonds issued under this subsection
15(p-110) and on any bonds issued to refund or continue to refund
16the bonds shall not be considered indebtedness for purposes of
17any statutory debt limitation.
18    (p-115) In addition to all other authority to issue bonds,
19Bureau Valley Community Unit School District 340 may issue
20bonds with an aggregate principal amount not to exceed
21$25,000,000, but only if all of the following conditions are
22met:
23        (1) The voters of the district approve a proposition
24    for the bond issuance at an election held on or after March
25    15, 2016.
26        (2) Prior to the issuances of the bonds, the school

 

 

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1    board determines, by resolution, that (i) the renovating
2    and equipping of some existing school buildings, the
3    building and equipping of new school buildings, and the
4    demolishing of some existing school buildings are required
5    as a result of the age and condition of existing school
6    buildings and (ii) the issuance of bonds is authorized by a
7    statute that exempts the debt incurred on the bonds from
8    the district's statutory debt limitation.
9        (3) The bonds are issued, in one or more issuances, on
10    or before July 1, 2021, but the aggregate principal amount
11    issued in all such bond issuances combined must not exceed
12    $25,000,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after March 15, 2016.
18    The debt incurred on any bonds issued under this subsection
19(p-115) shall not be considered indebtedness for purposes of
20any statutory debt limitation. Bonds issued under this
21subsection (p-115) must mature within not to exceed 30 years
22from their date, notwithstanding any other law, including
23Section 19-3 of this Code, to the contrary.
24    (p-120) In addition to all other authority to issue bonds,
25Paxton-Buckley-Loda Community Unit School District 10 may
26issue bonds with an aggregate principal amount not to exceed

 

 

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1$28,500,000, but only if all the following conditions are met:
2        (1) The voters of the district approve a proposition
3    for the bond issuance at an election held on or after
4    November 8, 2016.
5        (2) Prior to the issuance of the bonds, the school
6    board determines, by resolution, that (i) the projects as
7    described in said proposition, relating to the building and
8    equipping of one or more school buildings or additions to
9    existing school buildings, are required as a result of the
10    age and condition of the District's existing buildings and
11    (ii) the issuance of bonds is authorized by a statute that
12    exempts the debt incurred on the bonds from the district's
13    statutory debt limitation.
14        (3) The bonds are issued, in one or more issuances, not
15    later than 5 years after the date of the referendum
16    approving the issuance of the bonds, but the aggregate
17    principal amount issued in all such bond issuances combined
18    must not exceed $28,500,000.
19        (4) The bonds are issued in accordance with this
20    Article.
21        (5) The proceeds of the bonds are used to accomplish
22    only those projects approved by the voters at an election
23    held on or after November 8, 2016.
24    The debt incurred on any bonds issued under this subsection
25(p-120) and on any bonds issued to refund or continue to refund
26such bonds shall not be considered indebtedness for purposes of

 

 

HB2898- 48 -LRB101 10921 AXK 56076 b

1any statutory debt limitation. Bonds issued under this
2subsection (p-120) and any bonds issued to refund or continue
3to refund such bonds must mature within not to exceed 25 years
4from their date, notwithstanding any other law, including
5Section 19-3 of this Code, to the contrary.
6    (p-125) In addition to all other authority to issue bonds,
7Hillsboro Community Unit School District 3 may issue bonds with
8an aggregate principal amount not to exceed $34,500,000, but
9only if all the following conditions are met:
10        (1) The voters of the district approve a proposition
11    for the bond issuance at an election held on or after March
12    15, 2016.
13        (2) Prior to the issuance of the bonds, the school
14    board determines, by resolution, that (i) altering,
15    repairing, and equipping the high school
16    agricultural/vocational building, demolishing the high
17    school main, cafeteria, and gym buildings, building and
18    equipping a school building, and improving sites are
19    required as a result of the age and condition of the
20    district's existing buildings and (ii) the issuance of
21    bonds is authorized by a statute that exempts the debt
22    incurred on the bonds from the district's statutory debt
23    limitation.
24        (3) The bonds are issued, in one or more issuances, not
25    later than 5 years after the date of the referendum
26    approving the issuance of the bonds, but the aggregate

 

 

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1    principal amount issued in all such bond issuances combined
2    must not exceed $34,500,000.
3        (4) The bonds are issued in accordance with this
4    Article.
5        (5) The proceeds of the bonds are used to accomplish
6    only those projects approved by the voters at an election
7    held on or after March 15, 2016.
8    The debt incurred on any bonds issued under this subsection
9(p-125) and on any bonds issued to refund or continue to refund
10such bonds shall not be considered indebtedness for purposes of
11any statutory debt limitation. Bonds issued under this
12subsection (p-125) and any bonds issued to refund or continue
13to refund such bonds must mature within not to exceed 25 years
14from their date, notwithstanding any other law, including
15Section 19-3 of this Code, to the contrary.
16    (p-130) In addition to all other authority to issue bonds,
17Waltham Community Consolidated School District 185 may incur
18indebtedness in an aggregate principal amount not to exceed
19$9,500,000 to build and equip a new school building and improve
20the site thereof, but only if all the following conditions are
21met:
22        (1) A majority of the voters of the district voting on
23    an advisory question voted in favor of the question
24    regarding the use of funding sources to build a new school
25    building without increasing property tax rates at the
26    general election held on November 8, 2016.

 

 

HB2898- 50 -LRB101 10921 AXK 56076 b

1        (2) Prior to incurring the debt, the school board
2    enters into intergovernmental agreements with the City of
3    LaSalle to pledge moneys in a special tax allocation fund
4    associated with tax increment financing districts LaSalle
5    I and LaSalle III and with the Village of Utica to pledge
6    moneys in a special tax allocation fund associated with tax
7    increment financing district Utica I for the purposes of
8    repaying the debt issued pursuant to this subsection
9    (p-130). Notwithstanding any other provision of law to the
10    contrary, the intergovernmental agreement may extend these
11    tax increment financing districts as necessary to ensure
12    repayment of the debt.
13        (3) Prior to incurring the debt, the school board
14    determines, by resolution, that (i) the building and
15    equipping of a new school building is required as a result
16    of the age and condition of the district's existing
17    buildings and (ii) the debt is authorized by a statute that
18    exempts the debt from the district's statutory debt
19    limitation.
20        (4) The debt is incurred, in one or more issuances, not
21    later than January 1, 2021, and the aggregate principal
22    amount of debt issued in all such issuances combined must
23    not exceed $9,500,000.
24    The debt incurred under this subsection (p-130) and on any
25bonds issued to pay, refund, or continue to refund such debt
26shall not be considered indebtedness for purposes of any

 

 

HB2898- 51 -LRB101 10921 AXK 56076 b

1statutory debt limitation. Debt issued under this subsection
2(p-130) and any bonds issued to pay, refund, or continue to
3refund such debt must mature within not to exceed 25 years from
4their date, notwithstanding any other law, including Section
519-11 of this Code and subsection (b) of Section 17 of the
6Local Government Debt Reform Act, to the contrary.
7    (p-133) Notwithstanding the provisions of subsection (a)
8of this Section or of any other law, bonds heretofore or
9hereafter issued by East Prairie School District 73 with an
10aggregate principal amount not to exceed $47,353,147 and
11approved by the voters of the district at the general election
12held on November 8, 2016, and any bonds issued to refund or
13continue to refund the bonds, shall not be considered
14indebtedness for the purposes of any statutory debt limitation
15and may mature within not to exceed 25 years from their date,
16notwithstanding any other law, including Section 19-3 of this
17Code, to the contrary.
18    (p-135) In addition to all other authority to issue bonds,
19Brookfield LaGrange Park School District Number 95 may issue
20bonds with an aggregate principal amount not to exceed
21$20,000,000, but only if all the following conditions are met:
22        (1) The voters of the district approve a proposition
23    for the bond issuance at an election held on or after April
24    4, 2017.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the additions and

 

 

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1    renovations to the Brook Park Elementary and S. E. Gross
2    Middle School buildings are required to accommodate
3    enrollment growth, replace outdated facilities, and create
4    spaces consistent with 21st century learning and (ii) the
5    issuance of the bonds is authorized by a statute that
6    exempts the debt incurred on the bonds from the district's
7    statutory debt limitation.
8        (3) The bonds are issued, in one or more issuances, not
9    later than 5 years after the date of the referendum
10    approving the issuance of the bonds, but the aggregate
11    principal amount issued in all such bond issuances combined
12    must not exceed $20,000,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after April 4, 2017.
18        The debt incurred on any bonds issued under this
19    subsection (p-135) and on any bonds issued to refund or
20    continue to refund such bonds shall not be considered
21    indebtedness for purposes of any statutory debt
22    limitation.
23    (p-140) The debt incurred on any bonds issued by Wolf
24Branch School District 113 under Section 17-2.11 of this Code
25for the purpose of repairing or replacing all or a portion of a
26school building that has been damaged by mine subsidence in an

 

 

HB2898- 53 -LRB101 10921 AXK 56076 b

1aggregate principal amount not to exceed $17,500,000 and on any
2bonds issued to refund or continue to refund those bonds shall
3not be considered indebtedness for purposes of any statutory
4debt limitation and must mature no later than 25 years from the
5date of issuance, notwithstanding any other provision of law to
6the contrary, including Section 19-3 of this Code. The maximum
7allowable amount of debt exempt from statutory debt limitations
8under this subsection (p-140) shall be reduced by an amount
9equal to any grants awarded by the State Board of Education or
10Capital Development Board for the explicit purpose of repairing
11or reconstructing a school building damaged by mine subsidence.
12    (q) A school district must notify the State Board of
13Education prior to issuing any form of long-term or short-term
14debt that will result in outstanding debt that exceeds 75% of
15the debt limit specified in this Section or any other provision
16of law.
17(Source: P.A. 99-78, eff. 7-20-15; 99-143, eff. 7-27-15;
1899-390, eff. 8-18-15; 99-642, eff. 7-28-16; 99-735, eff.
198-5-16; 99-926, eff. 1-20-17, 100-503, eff. 6-1-18; 100-531,
20eff. 9-22-17; 100-650, eff. 7-31-18; 100-863, eff. 8-14-18.)
 
21    Section 20. The School Construction Law is amended by
22changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-35,
235-50, and 5-100 and by adding Section 5-450 as follows:
 
24    (105 ILCS 230/5-5)

 

 

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1    Sec. 5-5. Definitions. As used in this Article:
2    "Approved school construction bonds" mean bonds that were
3approved by referendum after January 1, 1996 but prior to
4January 1, 1998 as provided in Sections 19-2 through 19-7 of
5the School Code to provide funds for the acquisition,
6development, construction, reconstruction, rehabilitation,
7improvement, architectural planning, and installation of
8capital facilities consisting of buildings, structures,
9durable-equipment, and land for educational purposes.
10    "Grant index" means a figure for each school district equal
11to one minus the ratio of the district's equalized assessed
12valuation per pupil in average daily attendance to the
13equalized assessed valuation per pupil in average daily
14attendance of the district located at the 90th percentile for
15all districts of the same category. For the purpose of
16calculating the grant index, school districts are grouped into
173 2 categories, Category I, and Category II, and Category III.
18Category I consists of elementary and unit school districts.
19The equalized assessed valuation per pupil in average daily
20attendance of each school district in Category I shall be
21computed using its grades kindergarten through 8 average daily
22attendance figure. A unit school district's Category I grant
23index shall be used for projects or portions of projects
24constructed for elementary school pupils. Category II consists
25of high school and unit school districts. The equalized
26assessed valuation per pupil in average daily attendance of

 

 

HB2898- 55 -LRB101 10921 AXK 56076 b

1each school district in Category II shall be computed using its
2grades 9 through 12 average daily attendance figure. Category
3III consists of unit school districts. The equalized assessed
4valuation per pupil in average daily attendance of each school
5district in Category III shall be computed using its grades
6kindergarten through 12 average daily attendance figure. A unit
7school district's Category II grant index shall be used for
8projects or portions of projects constructed for high school
9pupils. The changes made by this amendatory Act of the 92nd
10General Assembly apply to all grants made on or after the
11effective date of this amendatory Act, provided that for grants
12not yet made on the effective date of this amendatory Act but
13made in fiscal year 2001 and for grants made in fiscal year
142002, the grant index for a school district shall be the
15greater of (i) the grant index as calculated under this Law on
16or after the effective date of this amendatory Act or (ii) the
17grant index as calculated under this Law before the effective
18date of this amendatory Act. The grant index shall be no less
19than 0.35 and no greater than 0.75 for each district; provided
20that the grant index for districts whose equalized assessed
21valuation per pupil in average daily attendance is at the 99th
22percentile and above for all districts of the same type shall
23be 0.00.
24    The grant index shall be calculated for each of those
25school districts forming a reorganized school district or
26cooperative high school if one or more of the following happen

 

 

HB2898- 56 -LRB101 10921 AXK 56076 b

1within the current or prior 2 fiscal years:
2        (1) a new school district is created in accordance with
3    Article 11E of the School Code;
4        (2) an existing school district annexes all of the
5    territory of one or more entire other school districts in
6    accordance with Article 7 of the School Code; or
7        (3) a cooperative high school is formed in accordance
8    with Section 10-22.22c of the School Code.
9The average grant index of those school districts shall be used
10as the grant index for the newly reorganized district or
11cooperative high school.
12    "School construction project" means the acquisition,
13development, construction, reconstruction, rehabilitation,
14improvement, architectural planning, and installation of
15capital facilities consisting of buildings, structures,
16durable equipment, and land for educational purposes.
17    "School district" means a school district or a Type 40 area
18vocational center that is jointly owned if the joint agreement
19includes language that specifies how the debt obligation is to
20be paid, including in the event that an entity withdraws from
21the joint agreement.
22    "School district" includes a cooperative high school,
23which shall be considered a high school district for the
24purpose of calculating its grant index.
25    "School maintenance project" means a project, other than a
26school construction project, intended to provide for the

 

 

HB2898- 57 -LRB101 10921 AXK 56076 b

1maintenance or upkeep of buildings or structures for
2educational purposes, but does not include ongoing operational
3costs.
4(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
 
5    (105 ILCS 230/5-10)
6    Sec. 5-10. Grant awards. The Capital Development Board is
7authorized to make grants to school districts for school
8construction projects with funds appropriated by the General
9Assembly from the School Infrastructure Fund or the School
10Construction Fund pursuant to the provisions of this Article.
11The State Board of Education is authorized to make grants to
12school districts for debt service with funds appropriated by
13the General Assembly from the School Infrastructure Fund
14pursuant to the provisions of this Article.
15(Source: P.A. 90-548, eff. 1-1-98.)
 
16    (105 ILCS 230/5-15)
17    Sec. 5-15. Grant priority order and calculation of grant
18index entitlements. Upon the appropriation of funds by the
19General Assembly from the School Infrastructure Fund or School
20Construction Fund and approval of a bond issuance for school
21construction project grants and upon the release of the
22appropriated funds to the Capital Development Board pursuant to
23the provisions of this Law, the The State Board of Education is
24authorized to open a school construction application cycle

 

 

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1issue grant entitlements for school construction projects and
2debt service and shall determine the priority order and
3calculate the grant index for school construction project
4grants to be made by the Capital Development Board. For
5construction projects that have not been started before the
6effective date of this amendatory Act of the 101st General
7Assembly, the approval of the application, priority order, and
8grant indexes shall be determined, within the opened
9application cycle, as established by the State Board of
10Education. A school district that has an application for a
11school construction project grant on file with the State Board
12of Education on the effective date of this amendatory Act of
13the 101st General Assembly must reapply when an application
14cycle is opened by the State Board of Education under this
15amendatory Act of the 101st General Assembly to be considered
16for a school construction project grant.
17    The When issuing a grant entitlement for a school
18construction project, the Capital Development Board, as a part
19of that entitlement, shall certify to a school the district
20receiving the entitlement the dollar amount of the school
21construction project's cost that the district will be required
22to finance with non-grant funds in order to qualify to receive
23a school construction project grant under this Article from the
24Capital Development Board.
25    A grant award may be issued only to the extent that the
26appropriation and release of funds have been exhausted. A

 

 

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1school district that does not receive a grant award must submit
2a new application during the next application period to be
3considered for another grant award.
4(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 
5    (105 ILCS 230/5-20)
6    Sec. 5-20. Grant application; district facilities plan.
7School districts shall apply to the State Board of Education
8for school construction project grants and debt service grants.
9Districts filing grant applications shall submit to the State
10Board a district facilities plan that shall include, but not be
11limited to, an assessment of present and future district
12facility needs as required by present and anticipated
13educational programming, the availability of local financial
14resources including current revenues, fund balances, and
15unused bonding capacity, a fiscal plan for meeting present and
16anticipated debt service obligations, and a maintenance plan
17and schedule that contain necessary assurances that new,
18renovated, and existing facilities are being or will be
19properly maintained. If a district that applies for a school
20construction project grant has no unused bonding capacity or if
21its unused bonding capacity may be less than the portion of the
22cost of the proposed school construction project that the
23district would be required to finance with non-grant funds, the
24amount certified by the Capital Development Board under Section
255-15 of this Law application and facilities plan submitted by

 

 

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1the district shall set forth the estimated amount of the
2project's cost that the district proposes to finance by the
3issuance of bonds under subsection (n) of Section 19-1 of the
4School Code. The State Board of Education shall review and
5approve district facilities plans prior to prioritizing the
6applications issuing grant entitlements. Each district that
7receives a grant entitlement shall annually update its district
8facilities plan and submit the revised plan to the State Board
9for approval.
10(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 
11    (105 ILCS 230/5-25)
12    Sec. 5-25. Eligibility and project standards.
13    (a) The State Board of Education shall establish
14eligibility standards for school construction project grants
15and debt service grants. With the exception of school
16construction project grants awarded under item (1) of Section
175-30, these These standards shall include minimum enrollment
18requirements for eligibility for school construction project
19grants of 450 200 students for elementary districts, 200
20students for high school districts, and 650 400 students for
21unit districts. The total enrollment of member districts
22forming a cooperative high school in accordance with subsection
23(c) of Section 10-22.22 of the School Code shall meet the
24minimum enrollment requirements specified in this subsection
25(a). The State Board of Education shall approve a district's

 

 

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1eligibility for a school construction project grant or a debt
2service grant pursuant to the established standards.
3    For purposes only of determining a Type 40 area vocational
4center's eligibility for an entity included in a school
5construction project grant or a school maintenance project
6grant, an area vocational center shall be deemed eligible if
7one or more of its member school districts satisfy the grant
8index criteria set forth in this Law. A Type 40 area vocational
9center that makes application for school construction funds
10after August 25, 2009 (the effective date of Public Act 96-731)
11shall be placed on the respective application cycle list. Type
1240 area vocational centers must be placed last on the priority
13listing of eligible entities for the applicable fiscal year.
14    (b) The Capital Development Board shall establish project
15standards for all school construction project grants provided
16pursuant to this Article. These standards shall include space
17and capacity standards as well as the determination of
18recognized project costs that shall be eligible for State
19financial assistance and enrichment costs that shall not be
20eligible for State financial assistance.
21    (c) The State Board of Education and the Capital
22Development Board shall not establish standards that
23disapprove or otherwise establish limitations that restrict
24the eligibility of (i) a school district with a population
25exceeding 500,000 for a school construction project grant based
26on the fact that any or all of the school construction project

 

 

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1grant will be used to pay debt service or to make lease
2payments, as authorized by subsection (b) of Section 5-35 of
3this Law, (ii) a school district located in whole or in part in
4a county that imposes a tax for school facility purposes
5pursuant to Section 5-1006.7 of the Counties Code, or (iii) a
6school district that (1) was organized prior to 1860 and (2) is
7located in part in a city originally incorporated prior to
81840, based on the fact that all or a part of the school
9construction project is owned by a public building commission
10and leased to the school district or the fact that any or all
11of the school construction project grant will be used to pay
12debt service or to make lease payments.
13    (d) (Blank). A reorganized school district or cooperative
14high school may use a school construction application that was
15submitted by a school district that formed the reorganized
16school district or cooperative high school if that application
17has not been entitled for a project by the State Board of
18Education and any one or more of the following happen within
19the current or prior 4 fiscal years:
20        (1) a new school district is created in accordance with
21    Article 11E of the School Code;
22        (2) an existing school district annexes all of the
23    territory of one or more other school districts in
24    accordance with Article 7 of the School Code; or
25        (3) a cooperative high school is formed in accordance
26    with subsection (c) of Section 10-22.22 of the School Code.

 

 

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1A new elementary district formed from a school district
2conversion, as defined in Section 11E-15 of the School Code,
3may use only the application of the dissolved district whose
4territory is now included in the new elementary district and
5must obtain the written approval of the local school board of
6any other school district that includes territory from that
7dissolved district. A new high school district formed from a
8school district conversion, as defined in Section 11E-15 of the
9School Code, may use only the application of any dissolved
10district whose territory is now included in the new high school
11district, but only after obtaining the written approval of the
12local school board of any other school district that includes
13territory from that dissolved district. A cooperative high
14school using this Section must obtain the written approval of
15the local school board of the member school district whose
16application it is using. All other eligibility and project
17standards apply to this Section.
18(Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09;
1996-1000, eff. 7-2-10; 96-1381, eff. 1-1-11; 96-1467, eff.
208-20-10; 97-232, eff. 7-28-11; 97-333, eff. 8-12-11.)
 
21    (105 ILCS 230/5-30)
22    Sec. 5-30. Priority of school construction projects. The
23State Board of Education shall develop standards for the
24determination of priority needs concerning school construction
25projects based upon approved district facilities plans. Such

 

 

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1standards shall call for prioritization based on the degree of
2need and project type in the following order:
3        (1) Replacement or reconstruction of school buildings
4    destroyed or damaged by flood, tornado, fire, earthquake,
5    mine subsidence, or other disasters, either man-made or
6    produced by nature;
7        (2) Projects designed to alleviate a shortage of
8    classrooms due to population growth; replacement,
9    rehabilitation, or reconstruction of school facilities
10    determined to be severe and continuing health or life
11    safety hazards; or projects designed to replace or
12    rehabilitate aging school buildings;
13        (3) Projects resulting from interdistrict
14    reorganization of school districts contingent on local
15    referenda;
16        (4) Replacement, rehabilitation, or reconstruction of
17    school facilities determined to be severe and continuing
18    health or life safety hazards;
19        (4) (5) Alterations necessary to provide accessibility
20    for qualified individuals with disabilities; and
21        (5) (6) Other unique solutions to facility needs.
22Except for those changes absolutely necessary to comply with
23the changes made to subsection (c) of Section 5-25 of this Law
24by Public Act 96-37, the State Board of Education may not make
25any material changes to the standards in effect on May 18,
262004, unless the State Board of Education is specifically

 

 

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1authorized by law.
2(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
396-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
 
4    (105 ILCS 230/5-35)
5    Sec. 5-35. School construction project grant amounts;
6permitted use; prohibited use.
7    (a) The product of the district's grant index and the
8recognized project cost, as determined by the Capital
9Development Board, for an approved school construction project
10shall equal the amount of the grant the Capital Development
11Board shall provide to the eligible district. The grant index
12shall not be used in cases where the General Assembly and the
13Governor approve appropriations designated for specifically
14identified school district construction projects.
15    The average of the grant indexes of the member districts in
16a joint agreement shall be used to calculate the amount of a
17school construction project grant awarded to an eligible Type
1840 area vocational center.
19    (b) In each fiscal year in which school construction
20project grants are awarded, 20% of the total amount awarded
21statewide shall be awarded to a school district with a
22population exceeding 500,000, provided such district complies
23with the provisions of this Article.
24    In addition to the uses otherwise authorized by this Law,
25any school district with a population exceeding 500,000 is

 

 

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1authorized to use any or all of the school construction project
2grants (i) to pay debt service, as defined in the Local
3Government Debt Reform Act, on bonds, as defined in the Local
4Government Debt Reform Act, issued to finance one or more
5school construction projects and (ii) to the extent that any
6such bond is a lease or other installment or financing contract
7between the school district and a public building commission
8that has issued bonds to finance one or more qualifying school
9construction projects, to make lease payments under the lease.
10    (b-3) The State Board of Education Capital Development
11Board shall make payment in an amount equal to 20% of each
12amount deposited into the School Infrastructure Fund pursuant
13to subsection (b-5) of Section 6z-45 of the State Finance Act
14to the Board of Education of the City of Chicago within 10 days
15after such deposit. The Board of Education of the City of
16Chicago shall use such moneys received (i) for application to
17the costs of a school construction project, (ii) to pay debt
18service on bonds, as those terms are defined in the Local
19Government Debt Reform Act, that are issued to finance one or
20more school construction projects, and (iii) to the extent that
21any such bond is a lease or other installment or financing
22contract between the school district and a public building
23commission that has issued bonds to finance one or more
24qualifying school construction projects, to make lease
25payments under the lease. The Board of Education of the City of
26Chicago shall submit quarterly to the State Capital Development

 

 

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1Board documentation sufficient to establish that this money is
2being used as authorized by this Section. The State Capital
3Development Board may withhold payments if the documentation is
4not provided. Upon appropriation of funds by the General
5Assembly, the The remaining 80% of each such deposit shall be
6applied and the State Board shall make payments in accordance
7with the provisions of Section 5-100 subsection (a) of this
8Section; however, no portion of this remaining 80% shall be
9awarded to a school district with a population of more than
10500,000.
11    (b-5) In addition to the uses otherwise authorized by this
12Law, any school district that (1) was organized prior to 1860
13and (2) is located in part in a city originally incorporated
14prior to 1840 is authorized to use any or all of the school
15construction project grants (i) to pay debt service on bonds,
16as those terms are defined in the Local Government Debt Reform
17Act, that are issued to finance one or more school construction
18projects and (ii) to the extent that any such bond is a lease
19or other installment or financing contract between the school
20district and a public building commission that has issued bonds
21to finance one or more qualifying school construction projects,
22to make lease payments under the lease.
23    (c) No portion of a school construction project grant
24awarded by the Capital Development Board shall be used by a
25school district for any on-going operational costs.
26(Source: P.A. 98-18, eff. 6-7-13.)
 

 

 

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1    (105 ILCS 230/5-50)
2    Sec. 5-50. Referendum requirements. After the State Board
3of Education has approved all or part of a district's
4application and issued a grant index entitlement for a school
5construction project grant, the district shall submit the
6project or the financing of the project to a referendum when
7such referendum is required by law, except for a project
8financed by bonds issued pursuant to subsection (p-70) of
9Section 19-1 of the School Code.
10(Source: P.A. 96-1438, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
11    (105 ILCS 230/5-100)
12    Sec. 5-100. School maintenance project grants.
13    (a) The State Board of Education is authorized to make
14grants to school districts and special education cooperatives
15established by school districts, without regard to enrollment,
16for school maintenance projects. These grants shall be paid out
17of moneys transferred, pursuant to subsection (b-5) of Section
186z-45 of the State Finance Act, appropriated for that purpose
19from the School Infrastructure Fund. No grant under this
20Section for one fiscal year shall exceed $150,000 $50,000, but
21a school district or special education cooperative may receive
22grants for more than one project during one fiscal year. A
23school district or special education cooperative must provide
24local matching funds in an amount equal to the amount of the

 

 

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1grant under this Section. A school district or special
2education cooperative has no entitlement to a grant under this
3Section.
4    (b) The State Board of Education shall adopt rules to
5implement this Section. These rules need not be the same as the
6rules for school construction project grants or debt service
7grants.
8    The rules may specify: (1) the manner of applying for
9grants; (2) project eligibility requirements; (3) restrictions
10on the use of grant moneys; (4) the manner in which school
11districts and special education cooperatives must account for
12the use of grant moneys; and (5) any other provision that the
13State Board determines to be necessary or useful for the
14administration of this Section.
15    The rules shall specify the methods and standards to be
16used by the State Board to prioritize applications. School
17maintenance projects shall be prioritized in the following
18order:
19        (i) emergency projects;
20        (ii) health/life safety projects;
21        (iii) non-health/life safety and facility maintenance
22    projects, energy efficiency projects, facility security
23    projects, remodeling projects, accessibility projects, or
24    technology needs; and State Program priority projects;
25        (iv) other projects related to facilities. permanent
26    improvement projects; and

 

 

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1        (v) other projects.
2    (c) In each school year in which school maintenance project
3grants are awarded, no portion of the funds transferred to the
4School Infrastructure Fund for purposes used under this Section
5may be 20% of the total amount awarded shall be awarded to a
6school district with a population of more than 500,000,
7provided that the school district complies with the
8requirements of this Section and the rules adopted under this
9Section.
10(Source: P.A. 98-710, eff. 7-16-14.)
 
11    (105 ILCS 230/5-450 new)
12    Sec. 5-450. Exemption from the Grant Accountability and
13Transparency Act. Projects that receive grants under this Law
14are exempt from the Grant Accountability and Transparency Act
15based on the longstanding integrity of this Law's programs, the
16unique nature of multi-year projects under this Law, required
17quarterly reports, this Law's statutory and regulatory
18framework regarding the selection and prioritization of
19grantees, the formulas involved in the determination of grant
20amounts, the expenditure of grant funds, and the lack of
21federal oversight.
 
22    (105 ILCS 230/5-37 rep.)
23    (105 ILCS 230/5-38 rep.)
24    (105 ILCS 230/5-45 rep.)

 

 

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1    (105 ILCS 230/5-57 rep.)
2    Section 25. The School Construction Law is amended by
3repealing Sections 5-37, 5-38, 5-45, and 5-57.