Illinois General Assembly - Full Text of SB0447
Illinois General Assembly

Previous General Assemblies

Full Text of SB0447  100th General Assembly

SB0447sam001 100TH GENERAL ASSEMBLY

Sen. Bill Cunningham

Filed: 4/3/2017

 

 


 

 


 
10000SB0447sam001LRB100 04889 MLM 24761 a

1
AMENDMENT TO SENATE BILL 447

2    AMENDMENT NO. ______. Amend Senate Bill 447 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
534-21.1 as follows:
 
6    (105 ILCS 5/34-21.1)  (from Ch. 122, par. 34-21.1)
7    Sec. 34-21.1. Additional powers. In addition to other
8powers and authority now possessed by it, the board shall have
9power:
10        (1) To lease from any public building commission
11    created pursuant to the provisions of the Public Building
12    Commission Act, approved July 5, 1955, as heretofore or
13    hereafter amended or from any individuals, partnerships or
14    corporations, any real or personal property for the purpose
15    of securing space for its school purposes or office or
16    other space for its administrative functions for a period

 

 

10000SB0447sam001- 2 -LRB100 04889 MLM 24761 a

1    of time not exceeding 40 years.
2        (2) To pay for the use of this leased property in
3    accordance with the terms of the lease and with the
4    provisions of the Public Building Commission Act, approved
5    July 5, 1955, as heretofore or hereafter amended.
6        (3) Such lease may be entered into without making a
7    previous appropriation for the expense thereby incurred;
8    provided, however, that if the board undertakes to pay all
9    or any part of the costs of operating and maintaining the
10    property of a public building commission as authorized in
11    subparagraph (4) of this Section, such expenses of
12    operation and maintenance shall be included in the annual
13    budget of such board annually during the term of such
14    undertaking.
15        (4) In addition, the board may undertake, either in the
16    lease with a public building commission or by separate
17    agreement or contract with a public building commission, to
18    pay all or any part of the costs of maintaining and
19    operating the property of a public building commission for
20    any period of time not exceeding 40 years.
21        (5) To enter into agreements, including lease and lease
22    purchase agreements having a term not longer than 40 years
23    from the date on which such agreements are entered into,
24    with private sector individuals, partnerships, or
25    corporations for the construction of school buildings,
26    school administrative offices, site development, and

 

 

10000SB0447sam001- 3 -LRB100 04889 MLM 24761 a

1    school support facilities. The board shall maintain
2    exclusive possession of all schools, school administrative
3    offices, and school facilities which it is occupying or
4    acquiring pursuant to any such lease or lease purchase
5    agreement, and in addition shall have and exercise complete
6    control over the education program conducted at such
7    schools, offices and facilities. The board's contribution
8    under any such agreement shall be limited to the use of the
9    real estate and existing improvements on a rental basis
10    which shall be exempt from any form of leasehold tax or
11    assessment, but the interests of the board may be
12    subordinated to the interests of a mortgage holder or
13    holders acquired as security for additional improvements
14    made on the property.
15        (6) To make payments on a lease or lease purchase
16    agreement entered into pursuant to subparagraph (5) of this
17    Section with an individual, partnership, or a corporation
18    for school buildings, school administrative offices, and
19    school support facilities constructed by such individual,
20    partnership, or corporation.
21        (7) To purchase the interests of an individual,
22    partnership, or corporation pursuant to any lease or lease
23    purchase agreement entered into by the board pursuant to
24    subparagraph (5) of this Section, and to assume or retire
25    any outstanding debt or obligation relating to such lease
26    or lease purchase agreement for any school building, school

 

 

10000SB0447sam001- 4 -LRB100 04889 MLM 24761 a

1    administrative office, or school support facility.
2        (8) Subject to the provisions of subparagraph (9) of
3    this Section, to enter into agreements, including lease and
4    lease purchase agreements, having a term not longer than 40
5    years from the date on which such agreements are entered
6    into for the provision of school buildings and related
7    property and facilities for an agricultural science
8    school. The enrollment in such school shall be limited to
9    720 students, and no less than 50% of the total number of
10    enrollment positions in each incoming class must be
11    reserved for students who live within proximity to the
12    school. "Proximity to the school" means all areas within
13    the existing city limits of Chicago located south of 87th
14    Street (8700 South) and west of Wood Street (1800 West). In
15    addition to the other authorizations in this paragraph (8),
16    a maximum of 80 additional students may be enrolled in the
17    agricultural science school's significantly modified
18    curriculum for diverse learners, commonly known as the
19    special education cluster program. Under such agreements
20    the board shall have exclusive possession of all such
21    school buildings and related property and facilities which
22    it is occupying or acquiring pursuant to any such
23    agreements, and in addition shall have and exercise
24    complete control over the educational program conducted at
25    such school. Under such agreements the board also may lease
26    to another party to such agreement real estate and existing

 

 

10000SB0447sam001- 5 -LRB100 04889 MLM 24761 a

1    improvements which are appropriate and available for use as
2    part of the necessary school buildings and related property
3    and facilities for an agricultural science school. Any
4    interest created by such a lease shall be exempt from any
5    form of leasehold tax or assessment, and the interests of
6    the board as owner or lessor of property covered by such a
7    lease may be subordinated to the interests of a mortgage
8    holder or holders acquired as security for additional
9    improvements made on the property. In addition, but subject
10    to the provisions of subparagraph (9) of this Section, the
11    board is authorized: (i) to pay for the use of school
12    buildings and related property and facilities for an
13    agricultural science school as provided for in an agreement
14    entered into pursuant to this subparagraph (8) and to enter
15    into any such agreement without making a previous
16    appropriation for the expense thereby incurred; and (ii) to
17    enter into agreements to purchase any ownership interests
18    in any school buildings and related property and facilities
19    subject to any agreement entered into by the board pursuant
20    to this subparagraph (8) and to assume or retire any
21    outstanding debt or obligation relating to such school
22    buildings and related property and facilities.
23        (9) Notwithstanding the provisions of subparagraph (8)
24    of this Section or any other law, the board shall not at
25    any time on or after the effective date of this amendatory
26    Act of 1991 enter into any new lease or lease purchase

 

 

10000SB0447sam001- 6 -LRB100 04889 MLM 24761 a

1    agreement, or amend or modify any existing lease, lease
2    purchase or other agreement entered into pursuant to
3    subparagraph (8), covering all or any part of the property
4    or facilities, consisting of 78.85 acres more or less,
5    heretofore purchased or otherwise acquired by the board for
6    an agricultural science school; nor shall the board enter
7    into any agreement on or after the effective date of this
8    amendatory Act of 1991 to sell, lease, transfer or
9    otherwise convey all or any part of the property so
10    purchased or acquired, nor any of the school buildings or
11    related facilities thereon, but the same shall be held,
12    used, occupied and maintained by the board solely for the
13    purpose of conducting and operating an agricultural
14    science school. The board shall not, on or after the
15    effective date of this amendatory Act of 1991, enter into
16    any contracts or agreements for the construction,
17    alteration or modification of any new or existing school
18    buildings or related facilities or structural improvements
19    on any part of the 78.85 acres purchased or otherwise
20    acquired by the board for agricultural science school
21    purposes, excepting only those contracts or agreements
22    that are entered into by the board for the construction,
23    alteration or modification of such school buildings,
24    related facilities or structural improvements that on the
25    effective date of this amendatory Act of 1991 are either
26    located upon, under construction upon or scheduled under

 

 

10000SB0447sam001- 7 -LRB100 04889 MLM 24761 a

1    existing plans and specifications to be constructed upon a
2    parcel of land, consisting of 17.45 acres more or less and
3    measuring approximately 880 feet along its northerly and
4    southerly boundaries and 864 feet along its easterly and
5    westerly boundaries, located in the northeast part of the
6    78.85 acres. Nothing in this subparagraph (9) shall be
7    deemed or construed to alter, modify, impair or otherwise
8    affect the terms and provisions of, nor the rights and
9    obligations of the parties under any agreement or contract
10    made and entered into by the board prior to the effective
11    date of this amendatory Act (i) for the acquisition, lease
12    or lease purchase of, or for the construction, alteration
13    or modification of any school buildings, related
14    facilities or structural improvements upon all or any part
15    of the 78.85 acres purchased or acquired by the board for
16    agricultural science school purposes, or (ii) for the lease
17    by the board of an irregularly shaped parcel, consisting of
18    23.19 acres more or less, of that 78.85 acres for park
19    board purposes.
20(Source: P.A. 97-648, eff. 12-30-11.)".