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90_HB0898enr
105 ILCS 5/2-3.77a new
Amends the School Code. Authorizes the State Board of
Education to make grants to school districts to pay emergency
relocation expenses incurred as a result of the condemnation
of a school building. Provides that the grants shall be made
from appropriations made for that purpose pursuant to
eligibility standards and criteria for expenses that qualify
as emergency relocation expenses that the State Board of
Education shall by rule prescribe. Effective immediately.
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1 AN ACT relating to education, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Finance Act is amended by adding
5 Section 5.449 as follows:
6 (30 ILCS 105/5.449 new)
7 Sec. 5.449. The Temporary Relocation Expenses Revolving
8 Grant Fund.
9 Section 10. The School Code is amended by adding
10 Sections 2-3.77, 3-14.21, and 17-2.2c as follows:
11 (105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
12 Sec. 2-3.77. Temporary relocation expenses.
13 (a) The State Board of Education may To distribute loan
14 or grant moneys appropriated for temporary relocation
15 expenses incurred by school districts as a result of fires,
16 earthquakes, or tornados, or other natural or man-made
17 disasters which destroy school buildings, or as a result of
18 the condemnation of a school building under Section 3-14.22.
19 The State Board of Education shall by rule prescribe those
20 expenses which qualify as temporary relocation expenses and
21 the manner of determining and reporting the same, provided
22 that such expenses shall be deemed to include amounts
23 reasonably required to be expended for the lease, rental, and
24 renovation of educational facilities and for additional
25 transportation and other expenses directly associated with
26 the temporary relocation and housing of the normal
27 operations, activities, and affairs of a school district as a
28 result of fire, earthquake or tornado which destroys any
29 school building of the district.
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1 (b) Except as provided in subsection (c), no moneys
2 appropriated to the State Board of Education for purposes of
3 distribution in accordance with the provisions of this
4 Section shall be distributed to any school district unless
5 the school board of such district, as an express condition of
6 any such distribution, agrees to levy the tax provided for by
7 Section 17-2.2c at the maximum rate permitted thereunder and
8 to pay to the State of Illinois for deposit in the Temporary
9 Relocation Expenses Revolving Grant Fund General Revenue Fund
10 (i) all proceeds of such tax attributable to the first year
11 and succeeding years for which the tax is levied after moneys
12 appropriated for purposes of this Section have been
13 distributed to the school district, and (ii) all insurance
14 proceeds which become payable to the district under those
15 provisions of any contract or policy of insurance which
16 provide reimbursement for or other coverage against loss with
17 respect to any temporary relocation expenses of the school
18 district; provided, that the aggregate of any tax and
19 insurance proceeds paid by the school district to the State
20 pursuant to this Section shall not exceed in amount the
21 moneys distributed to the school district pursuant to this
22 Section.
23 (c) The State Board of Education may, from
24 appropriations made for this purpose from the Temporary
25 Relocation Expenses Revolving Grant Fund, make grants that do
26 not require repayment to school districts that qualify for
27 temporary relocation assistance under this Section to the
28 extent that the amount of temporary relocation expenses
29 incurred by a district exceeds the amount that the district
30 is able to repay to the State through insurance proceeds and
31 the tax levy authorized in Section 17-2.2c.
32 (d) The Temporary Relocation Expenses Revolving Grant
33 Fund is hereby established as a special fund within the State
34 treasury. Appropriations and amounts that school districts
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1 repay to the State under subsection (b) of this Section shall
2 be deposited into that Fund. If the balance in that Fund
3 exceeds $3,000,000, the excess shall be transferred into the
4 General Revenue Fund.
5 (e) The State Board of Education shall promulgate such
6 rules and regulations, not inconsistent with the provisions
7 of this Section, as are necessary to provide for the
8 distribution of loan and grant moneys appropriated and for
9 the repayment of loan moneys distributed pursuant to this
10 Section.
11 (Source: P.A. 84-1308.)
12 (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
13 Sec. 3-14.21. Inspection of schools.
14 (a) The regional superintendent shall To inspect and
15 survey all public schools under his or her supervision and
16 notify the board of education, or the trustees of schools in
17 a district with trustees, in writing before July 30, whether
18 or not the several schools in their district have been kept
19 as required by law, using forms provided by the State Board
20 of Education which are based on the Health/Life Safety Code
21 for Public Schools adopted under Section 2-3.12 documents
22 known as "Efficient and Adequate Standards for the
23 Construction of Schools" and "Building Specifications for
24 Health and Safety in Public Schools" or the code authorized
25 by this amendatory Act of 1992. The regional superintendent
26 shall report his or her findings to the State Board of
27 Education on forms provided by the State Board of Education.
28 (b) If the regional superintendent determines that a
29 school board has failed in a timely manner to correct urgent
30 items identified in a previous life-safety report completed
31 under Section 2-3.12 or as otherwise previously ordered by
32 the regional superintendent, the regional superintendent
33 shall order the school board to adopt and submit to the
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1 regional superintendent a plan for the immediate correction
2 of the building violations. This plan shall be adopted
3 following a public hearing that is conducted by the school
4 board on the violations and the plan and that is preceded by
5 at least 7 days' prior notice of the hearing published in a
6 newspaper of general circulation within the school district.
7 If the regional superintendent determines in the next annual
8 inspection that the plan has not been completed and that the
9 violations have not been corrected, the regional
10 superintendent shall submit a report to the State Board of
11 Education with a recommendation that the State Board withhold
12 from payments of general State aid due to the district an
13 amount necessary to correct the outstanding violations. The
14 State Board, upon notice to the school board and to the
15 regional superintendent, shall consider the report at a
16 meeting of the State Board, and may order that a sufficient
17 amount of general State aid be withheld from payments due to
18 the district to correct the violations. This amount shall be
19 paid to the regional superintendent who shall contract on
20 behalf of the school board for the correction of the
21 outstanding violations.
22 (Source: P.A. 86-507; 86-1257; 87-196; 87-984.)
23 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
24 Sec. 17-2.2c. Tax for leasing educational facilities,
25 and for temporary relocation expense purposes. The school
26 board of any district, except for school boards of districts
27 in municipalities of 500,000 or more, may, by proper
28 resolution levy an annual tax, in addition to any other taxes
29 and not subject to the limitations specified elsewhere in
30 this Article, not to exceed .05% upon the value of the
31 taxable property as equalized or assessed by the Department
32 of Revenue, for the purpose of leasing educational
33 facilities, and, in order until the school district has
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1 repaid to repay the State all moneys distributed to it for
2 temporary relocation expenses of the district, may levy an
3 annual tax not to exceed .05% upon the value of the taxable
4 property as equalized or assessed by the Department of
5 Revenue for a period not to exceed 7 years for the purpose of
6 providing for the repayment of moneys distributed for
7 temporary relocation expenses of the school district pursuant
8 to Section 2-3.77.
9 The tax rate limit specified by this Section with respect
10 to an annual tax levied for the purpose of leasing
11 educational facilities may be increased to .10% upon the
12 approval of a proposition to effect such increase by a
13 majority of the electors voting on that proposition at a
14 regular scheduled election. Such proposition may be
15 initiated by resolution of the school board and shall be
16 certified by the secretary to the proper election authorities
17 for submission in accordance with the general election law.
18 For the purposes of this Section, "educational
19 facilities" includes any buildings, rooms, grounds, and
20 appurtenances to be used by the district for the use of
21 schools or for school administration purposes.
22 Any school district may abolish or abate its fund for
23 leasing educational facilities and for temporary relocation
24 expense purposes upon the adoption of a resolution so
25 providing and upon a determination by the school board that
26 the moneys in the fund are no longer needed for leasing
27 educational facilities or for temporary relocation expense
28 purposes. The resolution shall direct the transfer of any
29 balance in the fund to another school district fund or funds
30 immediately upon the resolution taking effect. Thereafter,
31 any outstanding taxes of the school district levied pursuant
32 to this Section shall be collected and paid into the fund or
33 funds as directed by the school board. Nothing in this
34 Section shall prevent a school district that has abolished or
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1 abated the fund from again creating a fund for leasing
2 educational facilities and for temporary relocation expense
3 purposes in the manner provided in this Section.
4 (Source: P.A. 89-106, eff. 7-7-95.)
5 Section 99. Effective date. This Act takes effect upon
6 becoming law.