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90_HB0898sam001
LRB9003945THpkam
1 AMENDMENT TO HOUSE BILL 898
2 AMENDMENT NO. . Amend House Bill 898 by replacing
3 the title with the following:
4 "AN ACT relating to education, amending named Acts."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The State Finance Act is amended by adding
8 Section 5.449 as follows:
9 (30 ILCS 105/5.449 new)
10 Sec. 5.449. The Temporary Relocation Expenses Revolving
11 Grant Fund.
12 Section 10. The School Code is amended by adding
13 Sections 2-3.77, 3-14.21, and 17-2.2c as follows:
14 (105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
15 Sec. 2-3.77. Temporary relocation expenses.
16 (a) The State Board of Education may To distribute loan
17 or grant moneys appropriated for temporary relocation
18 expenses incurred by school districts as a result of fires,
19 earthquakes, or tornados, or other natural or man-made
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1 disasters which destroy school buildings, or as a result of
2 the condemnation of a school building under Section 3-14.22.
3 The State Board of Education shall by rule prescribe those
4 expenses which qualify as temporary relocation expenses and
5 the manner of determining and reporting the same, provided
6 that such expenses shall be deemed to include amounts
7 reasonably required to be expended for the lease, rental, and
8 renovation of educational facilities and for additional
9 transportation and other expenses directly associated with
10 the temporary relocation and housing of the normal
11 operations, activities, and affairs of a school district as a
12 result of fire, earthquake or tornado which destroys any
13 school building of the district.
14 (b) Except as provided in subsection (c), no moneys
15 appropriated to the State Board of Education for purposes of
16 distribution in accordance with the provisions of this
17 Section shall be distributed to any school district unless
18 the school board of such district, as an express condition of
19 any such distribution, agrees to levy the tax provided for by
20 Section 17-2.2c at the maximum rate permitted thereunder and
21 to pay to the State of Illinois for deposit in the Temporary
22 Relocation Expenses Revolving Grant Fund General Revenue Fund
23 (i) all proceeds of such tax attributable to the first year
24 and succeeding years for which the tax is levied after moneys
25 appropriated for purposes of this Section have been
26 distributed to the school district, and (ii) all insurance
27 proceeds which become payable to the district under those
28 provisions of any contract or policy of insurance which
29 provide reimbursement for or other coverage against loss with
30 respect to any temporary relocation expenses of the school
31 district; provided, that the aggregate of any tax and
32 insurance proceeds paid by the school district to the State
33 pursuant to this Section shall not exceed in amount the
34 moneys distributed to the school district pursuant to this
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1 Section.
2 (c) The State Board of Education may, from
3 appropriations made for this purpose from the Temporary
4 Relocation Expenses Revolving Grant Fund, make grants that do
5 not require repayment to school districts that qualify for
6 temporary relocation assistance under this Section to the
7 extent that the amount of temporary relocation expenses
8 incurred by a district exceeds the amount that the district
9 is able to repay to the State through insurance proceeds and
10 the tax levy authorized in Section 17-2.2c.
11 (d) The Temporary Relocation Expenses Revolving Grant
12 Fund is hereby established as a special fund within the State
13 treasury. Appropriations and amounts that school districts
14 repay to the State under subsection (b) of this Section shall
15 be deposited into that Fund. If the balance in that Fund
16 exceeds $3,000,000, the excess shall be transferred into the
17 General Revenue Fund.
18 (e) The State Board of Education shall promulgate such
19 rules and regulations, not inconsistent with the provisions
20 of this Section, as are necessary to provide for the
21 distribution of loan and grant moneys appropriated and for
22 the repayment of loan moneys distributed pursuant to this
23 Section.
24 (Source: P.A. 84-1308.)
25 (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
26 Sec. 3-14.21. Inspection of schools.
27 (a) The regional superintendent shall To inspect and
28 survey all public schools under his or her supervision and
29 notify the board of education, or the trustees of schools in
30 a district with trustees, in writing before July 30, whether
31 or not the several schools in their district have been kept
32 as required by law, using forms provided by the State Board
33 of Education which are based on the Health/Life Safety Code
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1 for Public Schools adopted under Section 2-3.12 documents
2 known as "Efficient and Adequate Standards for the
3 Construction of Schools" and "Building Specifications for
4 Health and Safety in Public Schools" or the code authorized
5 by this amendatory Act of 1992. The regional superintendent
6 shall report his or her findings to the State Board of
7 Education on forms provided by the State Board of Education.
8 (b) If the regional superintendent determines that a
9 school board has failed in a timely manner to correct urgent
10 items identified in a previous life-safety report completed
11 under Section 2-3.12 or as otherwise previously ordered by
12 the regional superintendent, the regional superintendent
13 shall order the school board to adopt and submit to the
14 regional superintendent a plan for the immediate correction
15 of the building violations. This plan shall be adopted
16 following a public hearing that is conducted by the school
17 board on the violations and the plan and that is preceded by
18 at least 7 days' prior notice of the hearing published in a
19 newspaper of general circulation within the school district.
20 If the regional superintendent determines in the next annual
21 inspection that the plan has not been completed and that the
22 violations have not been corrected, the regional
23 superintendent shall submit a report to the State Board of
24 Education with a recommendation that the State Board withhold
25 from payments of general State aid due to the district an
26 amount necessary to correct the outstanding violations. The
27 State Board, upon notice to the school board and to the
28 regional superintendent, shall consider the report at a
29 meeting of the State Board, and may order that a sufficient
30 amount of general State aid be withheld from payments due to
31 the district to correct the violations. This amount shall be
32 paid to the regional superintendent who shall contract on
33 behalf of the school board for the correction of the
34 outstanding violations.
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1 (Source: P.A. 86-507; 86-1257; 87-196; 87-984.)
2 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
3 Sec. 17-2.2c. Tax for leasing educational facilities,
4 and for temporary relocation expense purposes. The school
5 board of any district, except for school boards of districts
6 in municipalities of 500,000 or more, may, by proper
7 resolution levy an annual tax, in addition to any other taxes
8 and not subject to the limitations specified elsewhere in
9 this Article, not to exceed .05% upon the value of the
10 taxable property as equalized or assessed by the Department
11 of Revenue, for the purpose of leasing educational
12 facilities, and, in order until the school district has
13 repaid to repay the State all moneys distributed to it for
14 temporary relocation expenses of the district, may levy an
15 annual tax not to exceed .05% upon the value of the taxable
16 property as equalized or assessed by the Department of
17 Revenue for a period not to exceed 7 years for the purpose of
18 providing for the repayment of moneys distributed for
19 temporary relocation expenses of the school district pursuant
20 to Section 2-3.77.
21 The tax rate limit specified by this Section with respect
22 to an annual tax levied for the purpose of leasing
23 educational facilities may be increased to .10% upon the
24 approval of a proposition to effect such increase by a
25 majority of the electors voting on that proposition at a
26 regular scheduled election. Such proposition may be
27 initiated by resolution of the school board and shall be
28 certified by the secretary to the proper election authorities
29 for submission in accordance with the general election law.
30 For the purposes of this Section, "educational
31 facilities" includes any buildings, rooms, grounds, and
32 appurtenances to be used by the district for the use of
33 schools or for school administration purposes.
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1 Any school district may abolish or abate its fund for
2 leasing educational facilities and for temporary relocation
3 expense purposes upon the adoption of a resolution so
4 providing and upon a determination by the school board that
5 the moneys in the fund are no longer needed for leasing
6 educational facilities or for temporary relocation expense
7 purposes. The resolution shall direct the transfer of any
8 balance in the fund to another school district fund or funds
9 immediately upon the resolution taking effect. Thereafter,
10 any outstanding taxes of the school district levied pursuant
11 to this Section shall be collected and paid into the fund or
12 funds as directed by the school board. Nothing in this
13 Section shall prevent a school district that has abolished or
14 abated the fund from again creating a fund for leasing
15 educational facilities and for temporary relocation expense
16 purposes in the manner provided in this Section.
17 (Source: P.A. 89-106, eff. 7-7-95.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.".