093_SB0390eng

 
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 1        AN ACT concerning schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The School Construction  Law  is  amended  by
 5    changing Sections 5-5, 5-25, and 5-35 as follows:

 6        (105 ILCS 230/5-5)
 7        Sec. 5-5. Definitions.  As used in this Article:
 8        "Approved school construction bonds" mean bonds that were
 9    approved  by  referendum  after  January 1, 1996 but prior to
10    January 1, 1998 as provided in Sections 19-2 through 19-7  of
11    the  School  Code  to  provide  funds  for  the  acquisition,
12    development,  construction,  reconstruction,  rehabilitation,
13    improvement,  architectural  planning,  and  installation  of
14    capital   facilities  consisting  of  buildings,  structures,
15    durable-equipment, and land for educational purposes.
16        "Grant index" means a figure  for  each  school  district
17    equal  to  one  minus  the  ratio of the district's equalized
18    assessed valuation per pupil in average daily  attendance  to
19    the  equalized  assessed valuation per pupil in average daily
20    attendance of the district located at the 90th percentile for
21    all districts of  the  same  category.  For  the  purpose  of
22    calculating  the  grant  index,  school districts are grouped
23    into 2 categories, Category I and Category  II.   Category  I
24    consists  of  elementary  and  unit  school  districts.   The
25    equalized  assessed  valuation  per  pupil  in  average daily
26    attendance of each school district in  Category  I  shall  be
27    computed  using  its  grades  kindergarten  through 8 average
28    daily attendance figure.  A unit school district's Category I
29    grant index  shall  be  used  for  projects  or  portions  of
30    projects  constructed for elementary school pupils.  Category
31    II consists of high school and unit  school  districts.   The
 
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 1    equalized  assessed  valuation  per  pupil  in  average daily
 2    attendance of each school district in Category  II  shall  be
 3    computed   using  its  grades  9  through  12  average  daily
 4    attendance figure.  A  unit  school  district's  Category  II
 5    grant  index  shall  be  used  for  projects  or  portions of
 6    projects constructed for high school  pupils.    The  changes
 7    made  by  this  amendatory  Act  of the 92nd General Assembly
 8    apply to all grants made on or after the  effective  date  of
 9    this amendatory Act, provided that for grants not yet made on
10    the  effective date of this amendatory Act but made in fiscal
11    year 2001 and for grants made in fiscal  year 2002, the grant
12    index for a school district shall be the greater of  (i)  the
13    grant  index  as  calculated  under  this Law on or after the
14    effective date of this amendatory Act or (ii) the grant index
15    as calculated under this Law before  the  effective  date  of
16    this  amendatory  Act.  The grant index shall be no less than
17    0.35 and no greater than 0.75  for  each  district;  provided
18    that  the  grant index for districts whose equalized assessed
19    valuation per pupil in average daily  attendance  is  at  the
20    99th  percentile and above for all districts of the same type
21    shall be 0.00.
22        "School  construction  project"  means  the  acquisition,
23    development,  construction,  reconstruction,  rehabilitation,
24    improvement,  architectural  planning,  and  installation  of
25    capital  facilities  consisting  of  buildings,   structures,
26    durable equipment, and land for educational purposes.
27        "School  district"  means  any school district or special
28    charter district as defined in Section 1-3 of the School Code
29    or any administrative district,  or  governing  board,  of  a
30    joint  agreement  organized  under  Section  10-22.31  of the
31    School Code.
32        "School maintenance project" means a project, other  than
33    a  school  construction  project, intended to provide for the
34    maintenance  or  upkeep  of  buildings  or   structures   for
 
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 1    educational   purposes,   but   does   not   include  ongoing
 2    operational costs.
 3    (Source: P.A. 91-38, eff. 6-15-99; 92-168, eff. 7-26-01.)

 4        (105 ILCS 230/5-25)
 5        Sec. 5-25.  Eligibility and project standards.
 6        (a)  The  State  Board  of  Education   shall   establish
 7    eligibility  standards for school construction project grants
 8    and debt  service  grants.   These  standards  shall  include
 9    minimum  enrollment  requirements  for eligibility for school
10    construction project grants of 200  students  for  elementary
11    districts,  200  students  for high school districts, and 400
12    students for unit districts.  The State  Board  of  Education
13    shall   approve   a   district's  eligibility  for  a  school
14    construction project grant or a debt service  grant  pursuant
15    to  the  established standards. For purposes of determining a
16    joint  agreement's  eligibility  for  a  school  construction
17    project grant or a debt  service  grant,  a  joint  agreement
18    shall  be  deemed  eligible  if  one  or  more  of its member
19    districts satisfies the grant index  criteria  set  forth  in
20    this Law.
21        (b)  The   Capital   Development  Board  shall  establish
22    project standards for all school construction project  grants
23    provided  pursuant  to  this  Article.  These standards shall
24    include  space  and  capacity  standards  as  well   as   the
25    determination  of  recognized  project  costs  that  shall be
26    eligible for State financial assistance and enrichment  costs
27    that shall not be eligible for State financial assistance.
28        (c)  The   State  Board  of  Education  and  the  Capital
29    Development  Board  shall  not   establish   standards   that
30    disapprove  or  otherwise establish limitations that restrict
31    the eligibility  of  a  school  district  with  a  population
32    exceeding  500,000  for  a  school construction project grant
33    based on the fact that any or all of the school  construction
 
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 1    project  grant  will  be  used to pay debt service or to make
 2    lease payments, as authorized by subsection  (b)  of  Section
 3    5-35 of this Law.
 4    (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

 5        (105 ILCS 230/5-35)
 6        Sec.  5-35.  School  construction  project grant amounts;
 7    permitted use; prohibited use.
 8        (a)  The product of the district's grant  index  and  the
 9    recognized   project  cost,  as  determined  by  the  Capital
10    Development  Board,  for  an  approved  school   construction
11    project  shall  equal  the  amount  of  the grant the Capital
12    Development Board shall provide  to  the  eligible  district.
13    The  grant index shall not be used in cases where the General
14    Assembly and the Governor approve  appropriations  designated
15    for  specifically  identified  school  district  construction
16    projects, nor shall it be used to calculate the amount of the
17    grant  the  Capital Development Board provides to an eligible
18    joint agreement.  In those instances where a joint  agreement
19    is  determined  eligible  for  a  school construction project
20    grant, the amount of the  grant  shall  be  determined  on  a
21    case-by-case basis, based on the needs of the joint agreement
22    in its entirety.
23        (b)  In  each  fiscal  year  in which school construction
24    project grants are awarded, 20% of the total  amount  awarded
25    statewide  shall  be  awarded  to  a  school  district with a
26    population exceeding 500,000, provided such district complies
27    with the provisions of this Article.
28        In addition to the uses otherwise authorized by this Law,
29    any school district with a population  exceeding  500,000  is
30    authorized  to  use  any  or  all  of the school construction
31    project grants (i) to pay debt service,  as  defined  in  the
32    Local Government Debt Reform Act, on bonds, as defined in the
33    Local  Government  Debt  Reform Act, issued to finance one or
 
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 1    more school construction projects and (ii) to the extent that
 2    any such bond is a lease or other  installment  or  financing
 3    contract  between  the  school district and a public building
 4    commission that has issued  bonds  to  finance  one  or  more
 5    qualifying   school  construction  projects,  to  make  lease
 6    payments under the lease.
 7        (c)  No portion of a school  construction  project  grant
 8    awarded  by  the Capital Development Board shall be used by a
 9    school district for any on-going operational costs.
10    (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

11        Section 99.  Effective date.  This Act  takes  effect  on
12    July 1, 2003.