Full Text of SB3001 93rd General Assembly
SB3001sam003 93RD GENERAL ASSEMBLY
|
Sen. Patrick Welch
Filed: 5/25/2004
|
|
09300SB3001sam003 |
|
LRB093 14715 NHT 51604 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 3001
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 3001, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
| 5 |
| "Section 5. The General Obligation Bond Act is amended by | 6 |
| changing Sections 2 and 5 as follows:
| 7 |
| (30 ILCS 330/2) (from Ch. 127, par. 652)
| 8 |
| Sec. 2. Authorization for Bonds. The State of Illinois is | 9 |
| authorized to
issue, sell and provide for the retirement of | 10 |
| General Obligation Bonds of
the State of Illinois for the | 11 |
| categories and specific purposes expressed in
Sections 2 | 12 |
| through 8 of this Act, in the total amount of $29,858,149,369
| 13 |
| $27,658,149,369 .
| 14 |
| The bonds authorized in this Section 2 and in Section 16 of | 15 |
| this Act are
herein called "Bonds".
| 16 |
| Of the total amount of Bonds authorized in this Act, up to | 17 |
| $2,200,000,000
in aggregate original principal amount may be | 18 |
| issued and sold in accordance
with the Baccalaureate Savings | 19 |
| Act in the form of General Obligation
College Savings Bonds.
| 20 |
| Of the total amount of Bonds authorized in this Act, up to | 21 |
| $300,000,000 in
aggregate original principal amount may be | 22 |
| issued and sold in accordance
with the Retirement Savings Act | 23 |
| in the form of General Obligation
Retirement Savings Bonds.
| 24 |
| Of the total amount of Bonds authorized in this Act, the |
|
|
|
09300SB3001sam003 |
- 2 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| additional
$10,000,000,000 authorized by this amendatory Act | 2 |
| of the 93rd General
Assembly shall be used solely as provided | 3 |
| in Section 7.2.
| 4 |
| The issuance and sale of Bonds pursuant to the General | 5 |
| Obligation Bond
Act is an economical and efficient method of | 6 |
| financing the capital and
general operating needs of
the State. | 7 |
| This Act will permit the issuance of a multi-purpose General
| 8 |
| Obligation Bond with uniform terms and features. This will not | 9 |
| only lower
the cost of registration but also reduce the overall | 10 |
| cost of issuing debt
by improving the marketability of Illinois | 11 |
| General Obligation Bonds.
| 12 |
| (Source: P.A. 92-13, eff. 6-22-01; 92-596, eff. 6-28-02; | 13 |
| 92-598, eff.
6-28-02; 93-2, eff. 4-7-03.)
| 14 |
| (30 ILCS 330/5) (from Ch. 127, par. 655)
| 15 |
| Sec. 5. School Construction.
| 16 |
| (a) The amount of $58,450,000 is authorized to
make grants | 17 |
| to local school
districts for the acquisition, development, | 18 |
| construction, reconstruction,
rehabilitation, improvement, | 19 |
| financing, architectural planning and
installation of capital | 20 |
| facilities, including but not limited to those
required for | 21 |
| special
education building projects provided for in Article 14 | 22 |
| of The School Code,
consisting of buildings, structures, and | 23 |
| durable equipment, and for the
acquisition and improvement of | 24 |
| real property and interests in real property
required, or | 25 |
| expected to be required, in connection therewith.
| 26 |
| (b) $22,550,000, or so much thereof as may be necessary, | 27 |
| for grants to
school districts for the making of principal and | 28 |
| interest payments, required
to be made, on bonds issued by such | 29 |
| school districts after January 1, 1969,
pursuant to any | 30 |
| indenture, ordinance, resolution, agreement or contract
to | 31 |
| provide funds for the acquisition, development, construction,
| 32 |
| reconstruction, rehabilitation, improvement, architectural | 33 |
| planning and installation of
capital facilities consisting of |
|
|
|
09300SB3001sam003 |
- 3 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| buildings, structures, durable equipment
and land for | 2 |
| educational purposes or for lease payments required to be made
| 3 |
| by a school district for principal and interest payments on | 4 |
| bonds issued
by a Public Building Commission after January 1, | 5 |
| 1969.
| 6 |
| (c) $10,000,000 for grants to school districts for the | 7 |
| acquisition,
development, construction, reconstruction, | 8 |
| rehabilitation, improvement,
architectural
planning and | 9 |
| installation of capital facilities consisting of buildings
| 10 |
| structures, durable equipment and land for special education | 11 |
| building projects.
| 12 |
| (d) $9,000,000 for grants to school districts for the | 13 |
| reconstruction,
rehabilitation, improvement, financing and | 14 |
| architectural planning of capital
facilities, including | 15 |
| construction at another location to replace such capital
| 16 |
| facilities, consisting of those public school buildings and | 17 |
| temporary school
facilities which, prior to January 1, 1984, | 18 |
| were condemned by the regional
superintendent under Section | 19 |
| 3-14.22 of The School Code or by any State
official having | 20 |
| jurisdiction over building safety.
| 21 |
| (e) $5,250,000,000
$3,050,000,000 for grants to school | 22 |
| districts for
school improvement
projects authorized by the | 23 |
| School Construction Law. The bonds shall be sold in
amounts not | 24 |
| to exceed the following schedule, except any bonds not sold | 25 |
| during
one year shall be added to the bonds to be sold during | 26 |
| the remainder of the
schedule:
| 27 |
| First year .......................................$200,000,000
| 28 |
| Second year ......................................$450,000,000
| 29 |
| Third year .......................................$500,000,000
| 30 |
| Fourth year ......................................$500,000,000
| 31 |
| Fifth year .......................................$800,000,000
| 32 |
| Sixth year and thereafter ........................$600,000,000
| 33 |
| Seventh year .....................................$550,000,000 | 34 |
| Eighth year ......................................$550,000,000
|
|
|
|
09300SB3001sam003 |
- 4 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| Ninth year .......................................$550,000,000
| 2 |
| Tenth year and thereafter ........................$550,000,000
| 3 |
| (Source: P.A. 91-39, eff. 6-15-99; 92-598, eff. 6-28-02.)
| 4 |
| Section 10. The Illinois Procurement Code is amended by | 5 |
| changing Section 1-10 as follows:
| 6 |
| (30 ILCS 500/1-10)
| 7 |
| Sec. 1-10. Application.
| 8 |
| (a) This Code applies only to procurements for which | 9 |
| contractors were first
solicited on or after July 1, 1998. This | 10 |
| Code shall not be construed to affect
or impair any contract, | 11 |
| or any provision of a contract, entered into based on a
| 12 |
| solicitation prior to the implementation date of this Code as | 13 |
| described in
Article 99, including but not limited to any | 14 |
| covenant entered into with respect
to any revenue bonds or | 15 |
| similar instruments.
All procurements for which contracts are | 16 |
| solicited between the effective date
of Articles 50 and 99 and | 17 |
| July 1, 1998 shall be substantially in accordance
with this | 18 |
| Code and its intent.
| 19 |
| (b) This Code shall apply regardless of the source of the | 20 |
| funds with which
the contracts are paid, including federal | 21 |
| assistance moneys.
This Code shall
not apply to:
| 22 |
| (1) Contracts between the State and its political | 23 |
| subdivisions or other
governments, or between State | 24 |
| governmental bodies except as specifically
provided in | 25 |
| this Code.
| 26 |
| (2) Grants, except for the filing requirements of | 27 |
| Section 20-80.
| 28 |
| (3) Purchase of care.
| 29 |
| (4) Hiring of an individual as employee and not as an | 30 |
| independent
contractor, whether pursuant to an employment | 31 |
| code or policy or by contract
directly with that | 32 |
| individual.
|
|
|
|
09300SB3001sam003 |
- 5 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| (5) Collective bargaining contracts.
| 2 |
| (6) Purchase of real estate.
| 3 |
| (7) Contracts necessary to prepare for anticipated | 4 |
| litigation, enforcement
actions, or investigations, | 5 |
| provided
that the chief legal counsel to the Governor shall | 6 |
| give his or her prior
approval when the procuring agency is | 7 |
| one subject to the jurisdiction of the
Governor, and | 8 |
| provided that the chief legal counsel of any other | 9 |
| procuring
entity
subject to this Code shall give his or her | 10 |
| prior approval when the procuring
entity is not one subject | 11 |
| to the jurisdiction of the Governor.
| 12 |
| (8) Contracts for
services to Northern Illinois | 13 |
| University by a person, acting as
an independent | 14 |
| contractor, who is qualified by education, experience, and
| 15 |
| technical ability and is selected by negotiation for the | 16 |
| purpose of providing
non-credit educational service | 17 |
| activities or products by means of specialized
programs | 18 |
| offered by the university.
| 19 |
| (9) Procurement expenditures by the Illinois | 20 |
| Conservation Foundation
when only private funds are used.
| 21 |
| (10) Procurement by the Capital Development Board when | 22 |
| exercising general supervision under the School | 23 |
| Construction Law.
| 24 |
| (Source: P.A. 91-627, eff. 8-19-99; 91-904, eff. 7-6-00; | 25 |
| 92-797, eff.
8-15-02.)
| 26 |
| Section 20. The School Construction Law is amended by | 27 |
| changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-40, | 28 |
| 5-50, 5-60, and 5-100 as follows:
| 29 |
| (105 ILCS 230/5-5)
| 30 |
| Sec. 5-5. Definitions. As used in this Article:
| 31 |
| "Approved school construction bonds" mean bonds that were | 32 |
| approved by
referendum after January 1, 1996 but prior to |
|
|
|
09300SB3001sam003 |
- 6 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| January 1, 1998 as provided in
Sections 19-2 through 19-7 of | 2 |
| the School Code to provide funds for the
acquisition, | 3 |
| development, construction, reconstruction, rehabilitation,
| 4 |
| improvement, architectural planning, and installation of | 5 |
| capital facilities
consisting of buildings, structures, | 6 |
| durable-equipment, and land for
educational purposes.
| 7 |
| "Grant index" means a figure for each school district equal | 8 |
| to one minus the
ratio of the district's equalized assessed | 9 |
| valuation per pupil in average daily
attendance to the | 10 |
| equalized assessed valuation per pupil in average daily
| 11 |
| attendance of the district located at the 90th percentile for | 12 |
| all districts of
the same category.
For the purpose of | 13 |
| calculating the grant index, school districts are
grouped
into | 14 |
| 2 categories, Category I and Category II. Category I consists | 15 |
| of
elementary and unit school districts. The equalized assessed | 16 |
| valuation
per pupil in average daily attendance of each school | 17 |
| district in Category I
shall be computed using its grades | 18 |
| kindergarten through 8 average daily
attendance figure. A unit | 19 |
| school district's Category I grant index shall be
used
for | 20 |
| projects or portions of projects constructed for elementary | 21 |
| school
pupils. Category II consists of high school and unit | 22 |
| school districts. The
equalized assessed valuation per pupil in | 23 |
| average daily attendance of
each school district in Category II | 24 |
| shall be computed using its grades 9
through 12 average daily | 25 |
| attendance figure. A unit school district's Category
II
grant | 26 |
| index shall be used for projects or portions of projects | 27 |
| constructed
for high school pupils.
The changes made by Public
| 28 |
| this amendatory Act 92-168 (effective July 26, 2001)
of the | 29 |
| 92nd General Assembly apply
to all grants made on or after July | 30 |
| 26, 2001
the effective date of this amendatory Act ,
provided | 31 |
| that for grants not yet made on July 26, 2001
the effective | 32 |
| date of this amendatory
Act but made in fiscal year 2001 and | 33 |
| for grants made
in fiscal year 2002, the grant index for a | 34 |
| school district shall be the
greater of (i) the grant index as |
|
|
|
09300SB3001sam003 |
- 7 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| calculated under this Law on or after July 26, 2001
the
| 2 |
| effective date of this amendatory
Act or (ii) the grant index | 3 |
| as calculated under this Law before July 26, 2001
the effective
| 4 |
| date of this
amendatory Act .
The grant index shall be no less | 5 |
| than 0.35 and no greater than
0.75 for each district; provided | 6 |
| that the grant index for districts whose
equalized assessed | 7 |
| valuation per pupil in average daily attendance is at the
99th | 8 |
| percentile and above for all districts of the same type shall | 9 |
| be 0.00. Grant indexes shall be calculated by the Capital | 10 |
| Development Board. In making its calculations, the Capital | 11 |
| Development Board shall receive full cooperation and | 12 |
| assistance from the State Board of Education.
| 13 |
| "School construction project" means the acquisition, | 14 |
| development,
construction, reconstruction, rehabilitation, | 15 |
| improvement, architectural
planning, and installation of | 16 |
| capital facilities consisting of buildings,
structures, | 17 |
| durable equipment, and land for educational purposes.
| 18 |
| "School maintenance project" means a project, other than a | 19 |
| school
construction project, intended to provide for the | 20 |
| maintenance or upkeep
of buildings or structures for | 21 |
| educational purposes, but does not include
ongoing operational | 22 |
| costs.
| 23 |
| (Source: P.A. 91-38, eff. 6-15-99; 92-168, eff. 7-26-01.)
| 24 |
| (105 ILCS 230/5-10)
| 25 |
| Sec. 5-10. Grant awards.
| 26 |
| (a) The Capital Development Board is authorized to
make | 27 |
| grants to school districts for school construction projects | 28 |
| with funds
appropriated by the General
Assembly from the School | 29 |
| Infrastructure Fund pursuant to the provisions of this
Article. | 30 |
| (b) For fiscal year 2005, grant awards shall be made to | 31 |
| school districts including, but not limited to, the following: | 32 |
| (1) Rochester Community Unit School District 3A; | 33 |
| (2) Fairfield Public School District 112; |
|
|
|
09300SB3001sam003 |
- 8 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| (3) Stewardson-Strasburg Community Unit District 5A; | 2 |
| (4) Johnston City Community Unit School District 1; | 3 |
| (5) Winfield School District 34; | 4 |
| (6) East St. Louis School District 189; | 5 |
| (7) Silvis School District 34; | 6 |
| (8) South Pekin Grade School District 137; | 7 |
| (9) Joliet Public Schools 86; | 8 |
| (10) Community Consolidated School District 93; | 9 |
| (11) Hinckley Big Rock Community Unit School District | 10 |
| 429; | 11 |
| (12) West Northfield School District 31; | 12 |
| (13) DuQuoin Community Unit School District 300; | 13 |
| (14) Benton Community Consolidated School District 47; | 14 |
| (15) Villa Park School District 45; | 15 |
| (16) Westchester School District 92 1/2; | 16 |
| (17) Big Hollow School District 38; | 17 |
| (18) Matteson Elementary School District 162; | 18 |
| (19) Central School District 104; | 19 |
| (20) Northbrook School District 27; | 20 |
| (21) Manteno Community Unit School District 5; | 21 |
| (22) Bradley School District 61; | 22 |
| (23) Bethalto Community School District 8; | 23 |
| (24) Westmont Community Unit School District 201; and | 24 |
| (25) Chicago Public Schools 299.
The State Board of | 25 |
| Education is authorized to make grants to school
districts | 26 |
| for debt service with funds appropriated by the General | 27 |
| Assembly from
the School Infrastructure Fund pursuant to | 28 |
| the provisions of
this Article.
| 29 |
| (Source: P.A. 90-548, eff. 1-1-98.)
| 30 |
| (105 ILCS 230/5-15)
| 31 |
| Sec. 5-15. Grant entitlements. The Capital Development
| 32 |
| State Board of Education is authorized
to issue grant | 33 |
| entitlements for school construction projects . The Capital |
|
|
|
09300SB3001sam003 |
- 9 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| Development Board
and debt service
and shall determine the | 2 |
| priority order for school construction project grants
to be | 3 |
| made by the Capital Development Board.
When issuing a grant | 4 |
| entitlement for a school construction project, the
Capital | 5 |
| Development Board, as a part of that entitlement, shall certify | 6 |
| to the
district receiving the entitlement the dollar amount of | 7 |
| the school construction
project's cost that the district will | 8 |
| be required to finance with non-grant
funds in order to qualify | 9 |
| to receive a school construction project grant under
this | 10 |
| Article from the Capital Development Board.
| 11 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
| 12 |
| (105 ILCS 230/5-20)
| 13 |
| Sec. 5-20. Grant application; district facilities plan. | 14 |
| School districts
shall apply to the Capital Development
State
| 15 |
| Board of Education for school construction project
grants and | 16 |
| debt service grants . Districts filing grant applications shall
| 17 |
| submit to the Capital Development
State Board a district | 18 |
| facilities plan that shall include,
but not be limited to, an | 19 |
| assessment of present and future district facility
needs as | 20 |
| required by present and anticipated educational programming, | 21 |
| the
availability of local financial resources
including | 22 |
| current revenues, fund balances, and unused bonding capacity, | 23 |
| the impact on the educational fund such as additional teachers | 24 |
| or other staff, a
fiscal plan for meeting present and | 25 |
| anticipated debt service obligations, and a
maintenance plan | 26 |
| and schedule that contain necessary assurances that new,
| 27 |
| renovated, and existing facilities are being or will be | 28 |
| properly maintained.
If a district that applies for a school | 29 |
| construction project grant has no
unused bonding capacity or if | 30 |
| its unused bonding capacity may be less than the
portion of the | 31 |
| cost of the proposed school construction project that the
| 32 |
| district would be required to finance with non-grant funds, the | 33 |
| application and
facilities plan submitted by the district shall |
|
|
|
09300SB3001sam003 |
- 10 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| set forth the estimated amount
of the project's cost that the | 2 |
| district proposes to finance by the issuance of
bonds under | 3 |
| subsection (n) of Section 19-1 of the School Code.
The Capital | 4 |
| Development
State Board of Education shall review and approve | 5 |
| district facilities plans
prior to issuing grant entitlements. | 6 |
| Each district that receives a grant
entitlement shall annually | 7 |
| update its district facilities plan and submit the
revised plan | 8 |
| to the
Capital Development
State Board for approval.
| 9 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
| 10 |
| (105 ILCS 230/5-25)
| 11 |
| Sec. 5-25. Eligibility and project standards.
| 12 |
| (a) The Capital Development
State Board of Education shall | 13 |
| establish eligibility standards for
school construction | 14 |
| project grants and debt service grants . These standards
shall | 15 |
| include minimum enrollment requirements for eligibility for | 16 |
| school
construction project grants of 200 students for | 17 |
| elementary districts, 200
students for high school districts, | 18 |
| and 400 students for unit districts. The
Capital Development
| 19 |
| State Board of Education shall approve a district's eligibility | 20 |
| for a school
construction project grant or a debt service grant
| 21 |
| pursuant to the established
standards.
| 22 |
| (b) The Capital Development Board shall establish
project | 23 |
| standards for all school construction project grants provided | 24 |
| pursuant
to this Article. These standards shall include space | 25 |
| and capacity standards as
well as the determination of | 26 |
| recognized project costs that shall be eligible
for State | 27 |
| financial assistance and enrichment costs that shall not be | 28 |
| eligible
for State financial assistance.
| 29 |
| The Capital Development Board shall require one project | 30 |
| over $5 million during fiscal year 2005 only to meet LEED basic | 31 |
| certification, as set forth in the Leadership in Energy and | 32 |
| Environmental Design Green Building Rating System version 2.1. | 33 |
| The Capital Development Board shall monitor and report to the |
|
|
|
09300SB3001sam003 |
- 11 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| General Assembly and the Governor on the benefits and costs of | 2 |
| LEED construction. | 3 |
| The Capital Development Board shall: (i) establish | 4 |
| guidelines for energy conservation and cost-effective | 5 |
| sustainable design; (ii) establish Illinois Standards for | 6 |
| energy efficient design of schools, which shall include, but | 7 |
| not be limited to, mechanical, electrical, and water use | 8 |
| systems; and (iii) adopt, as minimum Code requirements applying | 9 |
| to the construction of, renovations to, and additions to all | 10 |
| buildings under this Act, the International Energy | 11 |
| Conservation Code.
| 12 |
| (c) The State Board of Education and the Capital | 13 |
| Development Board shall
not establish standards that | 14 |
| disapprove or otherwise establish limitations
that restrict | 15 |
| the eligibility of a school district with a population | 16 |
| exceeding
500,000 for a school construction project grant based | 17 |
| on the fact that any or
all of the school construction project | 18 |
| grant will be used to pay debt service
or to make lease | 19 |
| payments, as authorized by subsection (b) of Section 5-35 of
| 20 |
| this Law.
| 21 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
| 22 |
| (105 ILCS 230/5-30)
| 23 |
| Sec. 5-30. Priority of school construction projects. | 24 |
| (a) The Capital Development Board
State Board of
Education
| 25 |
| shall develop standards for the determination of priority needs
| 26 |
| concerning school construction projects based upon approved | 27 |
| district facilities
plans. Such standards shall call for | 28 |
| prioritization based on
the degree of need
and Project
type in | 29 |
| the following order:
| 30 |
| (1) Replacement or reconstruction of school buildings | 31 |
| destroyed or damaged
by flood, tornado, fire, earthquake, or | 32 |
| other disasters, either man-made or
produced by nature;
| 33 |
|
(2) Projects designed to construct school and preschool |
|
|
|
09300SB3001sam003 |
- 12 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| buildings to alleviate a shortage of classrooms due to
| 2 |
| population growth or to replace aging preschool and school | 3 |
| buildings upon review by the Illinois Historic Preservation | 4 |
| Agency ;
| 5 |
|
(3) Projects resulting from interdistrict reorganization
| 6 |
| of school districts contingent on local referenda;
| 7 |
|
(4) Replacement , rehabilitation, or reconstruction of | 8 |
| school
facilities determined to be severe and continuing health | 9 |
| or life safety
hazards or modernizing or upgrading educational | 10 |
| facilities and alterations necessary to provide accessibility | 11 |
| for qualified individuals
with disabilities. ;
| 12 |
|
(5) Alterations necessary to provide accessibility for | 13 |
| qualified individuals
with disabilities; and
| 14 |
| (6) Other unique solutions to facility needs.
| 15 |
| (b) In developing standards for the determination of | 16 |
| priority needs for projects under items (1), (2), and (4) of | 17 |
| subsection (a), the Capital Development Board may adopt | 18 |
| standards that encourage reorganization under appropriate | 19 |
| circumstances.
| 20 |
| (Source: P.A. 90-548, eff. 1-1-98.)
| 21 |
| (105 ILCS 230/5-40)
| 22 |
| Sec. 5-40. Supervision
of school construction projects. | 23 |
| (a) The Capital
Development Board shall exercise general | 24 |
| supervision over school construction
projects financed | 25 |
| pursuant to this Article. In exercising general supervision, | 26 |
| the Capital Development Board may, upon approval by the school | 27 |
| district, (i) review design and construction documents prior to | 28 |
| any competitive bidding, (ii) participate in negotiations for | 29 |
| design and construction administration contracts, (iii) review | 30 |
| all change orders prior to approval, and (iv) participate in | 31 |
| negotiations for modifications to the original contract. | 32 |
| Nothing in this subsection shall be construed as a limitation | 33 |
| on the supervisory power of the Capital Development Board or |
|
|
|
09300SB3001sam003 |
- 13 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| any other power granted to the Capital Development Board under | 2 |
| this or any other Act. | 3 |
| (b) In anticipation of an award of a grant under this | 4 |
| Article, the Capital Development Board may provide advice and | 5 |
| assistance to a school district within the limits of the | 6 |
| Board's functions of general supervision. The purpose of | 7 |
| providing advice and assistance is to ensure that the project | 8 |
| will qualify for a grant should grant amounts become available, | 9 |
| particularly if the school district is providing its own | 10 |
| funding to commence or complete the project. | 11 |
| (c) Upon approval by the school district, the Board may (i) | 12 |
| use alternative delivery methods as provided by law and (ii) | 13 |
| may exercise all powers relating to construction that are | 14 |
| granted to school districts under the School Code. The design | 15 |
| contract and workforce hiring goals adopted by the Board under | 16 |
| the Business Enterprise for Minorities, Females, and Persons | 17 |
| with Disabilities Act apply to the Board when acting under this | 18 |
| Section. | 19 |
| (d) The Capital Development Board may charge a grant or | 20 |
| contract administration fee that does not exceed 1% of the | 21 |
| contract amount and that shall not diminish the matching grant | 22 |
| awarded to the school district.
| 23 |
| (e) This Section does not apply with respect to any school | 24 |
| district with a population exceeding 500,000.
| 25 |
| (Source: P.A. 90-548, eff. 1-1-98.)
| 26 |
| (105 ILCS 230/5-50)
| 27 |
| Sec. 5-50. Referendum requirements. After the Capital | 28 |
| Development
State Board of Education
has approved all or part | 29 |
| of a district's application and issued a grant
entitlement for | 30 |
| a school construction project grant, the district shall submit
| 31 |
| the project or the financing of the project to a referendum | 32 |
| when such
referendum is required by law.
| 33 |
| (Source: P.A. 90-548, eff. 1-1-98.)
|
|
|
|
09300SB3001sam003 |
- 14 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| (105 ILCS 230/5-60)
| 2 |
| Sec. 5-60. School capital needs assessment. The State Board | 3 |
| of
Education and the Capital Development Board shall file with | 4 |
| the General
Assembly a comprehensive assessment report of the | 5 |
| capital needs of all
school districts in this State before | 6 |
| January 1, 2005
and every 2 years thereafter. This assessment | 7 |
| shall include without
limitation an analysis of the 6
| 8 |
| categories of capital needs prioritized in
Section 5-30 of this | 9 |
| Law.
| 10 |
| (Source: P.A. 93-489, eff. 8-8-03.)
| 11 |
| (105 ILCS 230/5-100)
| 12 |
| Sec. 5-100. School maintenance project grants.
| 13 |
| (a) The Capital Development
State Board of Education is | 14 |
| authorized to make grants to school
districts, without regard | 15 |
| to enrollment, for school maintenance projects.
These grants | 16 |
| shall be paid out of moneys appropriated for that purpose
from | 17 |
| the School Infrastructure Fund. No grant under this Section for
| 18 |
| one fiscal year shall exceed $50,000, but a school district may | 19 |
| receive grants
for more than one project during one fiscal | 20 |
| year. A school district must
provide local
matching funds in an | 21 |
| amount equal to the amount of the grant under this
Section. A | 22 |
| school district has no entitlement to a grant under this | 23 |
| Section.
| 24 |
| (b) The Capital Development
State Board of Education shall | 25 |
| adopt rules to implement this
Section. These rules need not be | 26 |
| the same as the rules for school construction
project grants or | 27 |
| debt service grants.
| 28 |
| The rules may specify: (1) the manner of applying for | 29 |
| grants;
(2) project eligibility requirements; (3) restrictions | 30 |
| on the use of grant
moneys; (4) the manner in which school | 31 |
| districts must account for the use of
grant moneys; and (5) any | 32 |
| other provision that the Capital Development
State Board |
|
|
|
09300SB3001sam003 |
- 15 - |
LRB093 14715 NHT 51604 a |
|
| 1 |
| determines
to be necessary or useful for the administration of | 2 |
| this Section.
| 3 |
| The rules shall specify the methods and standards to be | 4 |
| used by the Capital Development
State
Board to prioritize | 5 |
| applications. School maintenance projects shall be
prioritized | 6 |
| in the following order:
| 7 |
| (i) emergency projects;
| 8 |
| (ii) health/life safety projects;
| 9 |
| (iii) State Program priority projects;
| 10 |
| (iv) permanent improvement projects; and
| 11 |
| (v) other projects.
| 12 |
| (c) In each school year in which school maintenance project | 13 |
| grants are
awarded, 20% of the total amount awarded shall be | 14 |
| awarded to a school district
with a population of more than | 15 |
| 500,000, provided that the school district
complies with the | 16 |
| requirements of this Section and the rules adopted under
this | 17 |
| Section.
| 18 |
| (Source: P.A. 91-38, eff. 6-15-99.)
| 19 |
| (105 ILCS 230/5-45 rep.)
| 20 |
| Section 30. The School Construction Law is amended by | 21 |
| repealing Section 5-45.
| 22 |
| Section 99. Effective date. This Act takes effect July 1, | 23 |
| 2004.".
|
|