Public Act 096-0731
 
SB1926 Enrolled LRB096 11271 NHT 21696 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 Construction Law is amended by
changing Sections 5-5, 5-25, and 5-35 as follows:
 
    (105 ILCS 230/5-5)
    Sec. 5-5. Definitions. As used in this Article:
    "Approved school construction bonds" mean bonds that were
approved by referendum after January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7 of
the School Code to provide funds for the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable-equipment, and land for educational purposes.
    "Grant index" means a figure for each school district equal
to one minus the ratio of the district's equalized assessed
valuation per pupil in average daily attendance to the
equalized assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same category. For the purpose of
calculating the grant index, school districts are grouped into
2 categories, Category I and Category II. Category I consists
of elementary and unit school districts. The equalized assessed
valuation per pupil in average daily attendance of each school
district in Category I shall be computed using its grades
kindergarten through 8 average daily attendance figure. A unit
school district's Category I grant index shall be used for
projects or portions of projects constructed for elementary
school pupils. Category II consists of high school and unit
school districts. The equalized assessed valuation per pupil in
average daily attendance of each school district in Category II
shall be computed using its grades 9 through 12 average daily
attendance figure. A unit school district's Category II grant
index shall be used for projects or portions of projects
constructed for high school pupils. The changes made by this
amendatory Act of the 92nd General Assembly apply to all grants
made on or after the effective date of this amendatory Act,
provided that for grants not yet made on the effective date of
this amendatory Act but made in fiscal year 2001 and for grants
made in fiscal year 2002, the grant index for a school district
shall be the greater of (i) the grant index as calculated under
this Law on or after the effective date of this amendatory Act
or (ii) the grant index as calculated under this Law before the
effective date of this amendatory Act. The grant index shall be
no less than 0.35 and no greater than 0.75 for each district;
provided that the grant index for districts whose equalized
assessed valuation per pupil in average daily attendance is at
the 99th percentile and above for all districts of the same
type shall be 0.00.
    "School construction project" means the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable equipment, and land for educational purposes.
    "School district" means a school district or a Type 40 area
vocational center that is jointly owned if the joint agreement
includes language that specifies how the debt obligation is to
be paid, including in the event that an entity withdraws from
the joint agreement.
    "School district" includes a cooperative high school,
which shall be considered a high school district for the
purpose of calculating its grant index.
    "School maintenance project" means a project, other than a
school construction project, intended to provide for the
maintenance or upkeep of buildings or structures for
educational purposes, but does not include ongoing operational
costs.
(Source: P.A. 92-168, eff. 7-26-01; 93-1094, eff. 3-29-05.)
 
    (105 ILCS 230/5-25)
    Sec. 5-25. Eligibility and project standards.
    (a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include minimum
enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The State Board of Education shall
approve a district's eligibility for a school construction
project grant or a debt service grant pursuant to the
established standards.
    For purposes only of determining a Type 40 area vocational
center's eligibility for an entity included in a school
construction project grant or a school maintenance project
grant, an area vocational center shall be deemed eligible if
one or more of its member school districts satisfy the grant
index criteria set forth in this Law. A Type 40 area vocational
center that makes application for school construction funds
after the effective date of this amendatory Act of the 96th
General Assembly shall be placed on the respective application
cycle list. Type 40 area vocational centers must be placed last
on the priority listing of eligible entities for the applicable
fiscal year.
    (b) The Capital Development Board shall establish project
standards for all school construction project grants provided
pursuant to this Article. These standards shall include space
and capacity standards as well as the determination of
recognized project costs that shall be eligible for State
financial assistance and enrichment costs that shall not be
eligible for State financial assistance.
    (c) The State Board of Education and the Capital
Development Board shall not establish standards that
disapprove or otherwise establish limitations that restrict
the eligibility of a school district with a population
exceeding 500,000 for a school construction project grant based
on the fact that any or all of the school construction project
grant will be used to pay debt service or to make lease
payments, as authorized by subsection (b) of Section 5-35 of
this Law.
(Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
 
    (105 ILCS 230/5-35)
    Sec. 5-35. School construction project grant amounts;
permitted use; prohibited use.
    (a) The product of the district's grant index and the
recognized project cost, as determined by the Capital
Development Board, for an approved school construction project
shall equal the amount of the grant the Capital Development
Board shall provide to the eligible district. The grant index
shall not be used in cases where the General Assembly and the
Governor approve appropriations designated for specifically
identified school district construction projects.
    The average of the grant indexes of the member districts in
a joint agreement shall be used to calculate the amount of a
school construction project grant awarded to an eligible Type
40 area vocational center.
    (b) In each fiscal year in which school construction
project grants are awarded, 20% of the total amount awarded
statewide shall be awarded to a school district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
    In addition to the uses otherwise authorized by this Law,
any school district with a population exceeding 500,000 is
authorized to use any or all of the school construction project
grants (i) to pay debt service, as defined in the Local
Government Debt Reform Act, on bonds, as defined in the Local
Government Debt Reform Act, issued to finance one or more
school construction projects and (ii) to the extent that any
such bond is a lease or other installment or financing contract
between the school district and a public building commission
that has issued bonds to finance one or more qualifying school
construction projects, to make lease payments under the lease.
    (c) No portion of a school construction project grant
awarded by the Capital Development Board shall be used by a
school district for any on-going operational costs.
(Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.