Public Act 096-0102
 
HB2530 Enrolled LRB096 09711 NHT 19874 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
2-3.77 as follows:
 
    (105 ILCS 5/2-3.77)  (from Ch. 122, par. 2-3.77)
    Sec. 2-3.77. Temporary relocation expenses.
    (a) The State Board of Education may distribute loan or
grant moneys appropriated for temporary relocation expenses
incurred by school districts as a result of fires, earthquakes,
tornados, mine subsidence, or other natural or man-made
disasters which destroy school buildings, or as a result of the
condemnation of a school building under Section 3-14.22. The
State Board of Education shall by rule prescribe those expenses
which qualify as temporary relocation expenses and the manner
of determining and reporting the same, provided that such
expenses shall be deemed to include amounts reasonably required
to be expended for the lease, rental, and renovation of
educational facilities and for additional transportation and
other expenses directly associated with the temporary
relocation and housing of the normal operations, activities,
and affairs of a school district.
    (b) Except as provided in subsection (c), no moneys
appropriated to the State Board of Education for purposes of
distribution in accordance with the provisions of this Section
shall be distributed to any school district unless the school
board of such district, as an express condition of any such
distribution, agrees to levy the tax provided for by Section
17-2.2c at the maximum rate permitted thereunder and to pay to
the State of Illinois for deposit in the Temporary Relocation
Expenses Revolving Grant Fund (i) all proceeds of such tax
attributable to the first year and succeeding years for which
the tax is levied after moneys appropriated for purposes of
this Section have been distributed to the school district, and
(ii) all insurance proceeds which become payable to the
district under those provisions of any contract or policy of
insurance which provide reimbursement for or other coverage
against loss with respect to any temporary relocation expenses
of the school district; provided, that the aggregate of any tax
and insurance proceeds paid by the school district to the State
pursuant to this Section shall not exceed in amount the moneys
distributed to the school district pursuant to this Section.
    (c) The State Board of Education may, from appropriations
made for this purpose from the Temporary Relocation Expenses
Revolving Grant Fund, make grants that do not require repayment
to school districts that qualify for temporary relocation
assistance under this Section to the extent that the amount of
temporary relocation expenses incurred by a district exceeds
the amount that the district is able to repay to the State
through insurance proceeds and the tax levy authorized in
Section 17-2.2c.
    (d) The Temporary Relocation Expenses Revolving Grant Fund
is hereby established as a special fund within the State
treasury. Appropriations and amounts that school districts
repay to the State under subsection (b) of this Section shall
be deposited into that Fund. If the balance in that Fund
exceeds $3,000,000, the excess shall be transferred into the
General Revenue Fund.
    (e) The State Board of Education shall promulgate such
rules and regulations, not inconsistent with the provisions of
this Section, as are necessary to provide for the distribution
of loan and grant moneys and for the repayment of loan moneys
distributed pursuant to this Section.
(Source: P.A. 90-464, eff. 8-17-97.)
 
    Section 10. The School Construction Law is amended by
changing Section 5-30 as follows:
 
    (105 ILCS 230/5-30)
    Sec. 5-30. Priority of school construction projects. The
State Board of Education shall develop standards for the
determination of priority needs concerning school construction
projects based upon approved district facilities plans. Such
standards shall call for prioritization based on the degree of
need and project type in the following order:
        (1) Replacement or reconstruction of school buildings
    destroyed or damaged by flood, tornado, fire, earthquake,
    mine subsidence, or other disasters, either man-made or
    produced by nature;
        (2) Projects designed to alleviate a shortage of
    classrooms due to population growth or to replace aging
    school buildings;
        (3) Projects resulting from interdistrict
    reorganization of school districts contingent on local
    referenda;
        (4) Replacement or reconstruction of school facilities
    determined to be severe and continuing health or life
    safety hazards;
        (5) Alterations necessary to provide accessibility for
    qualified individuals with disabilities; and
        (6) Other unique solutions to facility needs.
The State Board of Education may not make any material changes
to the standards in effect on May 18, 2004, unless the State
Board of Education is specifically authorized by law.
(Source: P.A. 93-679, eff. 6-30-04.)
 
    Section 99. Effective date. This Act takes effect July 1,
2009.

Effective Date: 7/29/2009