Rep. Thomas M. Bennett
Filed: 2/22/2022
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1 | AMENDMENT TO HOUSE BILL 3637
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2 | AMENDMENT NO. ______. Amend House Bill 3637 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The State Finance Act is amended by changing | ||||||
5 | Section 6z-45 as follows:
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6 | (30 ILCS 105/6z-45)
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7 | Sec. 6z-45. The School Infrastructure Fund.
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8 | (a) The School Infrastructure Fund is created as a special | ||||||
9 | fund
in the State Treasury.
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10 | In addition to any other deposits authorized by law, | ||||||
11 | beginning January
1, 2000, on the first day of each month, or | ||||||
12 | as soon thereafter as may be
practical, the State Treasurer | ||||||
13 | and State Comptroller shall transfer the sum of
$5,000,000 | ||||||
14 | from the General Revenue Fund to the School Infrastructure | ||||||
15 | Fund, except that, notwithstanding any other provision of law, | ||||||
16 | and in addition to any other transfers that may be provided for |
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1 | by law, before June 30, 2012, the Comptroller and the | ||||||
2 | Treasurer shall transfer $45,000,000 from the General Revenue | ||||||
3 | Fund into the School Infrastructure Fund, and, for fiscal year | ||||||
4 | 2013 only, the Treasurer and the Comptroller shall transfer | ||||||
5 | $1,250,000 from the General Revenue Fund to the School | ||||||
6 | Infrastructure Fund on the first day of each month;
provided, | ||||||
7 | however, that no such transfers shall be made from July 1, 2001
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8 | through June 30, 2003.
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9 | (a-5) Money in the School Infrastructure Fund may be used | ||||||
10 | to pay the expenses of the State Board of Education, the | ||||||
11 | Governor's Office of Management and Budget, and the Capital | ||||||
12 | Development Board in administering programs under the School | ||||||
13 | Construction Law, the total expenses not to exceed $1,315,000 | ||||||
14 | in any fiscal year. | ||||||
15 | (b) Subject to the transfer provisions set forth below, | ||||||
16 | money in the
School Infrastructure Fund shall, if and when the | ||||||
17 | State of Illinois incurs
any bonded indebtedness for the | ||||||
18 | construction of school improvements under subsection (e) of | ||||||
19 | Section 5 of the General Obligation Bond Act, be set aside and | ||||||
20 | used for the purpose of
paying and discharging annually the | ||||||
21 | principal and interest on that bonded
indebtedness then due | ||||||
22 | and payable, and for no other purpose.
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23 | In addition to other transfers to the General Obligation | ||||||
24 | Bond Retirement and
Interest Fund made pursuant to Section 15 | ||||||
25 | of the General Obligation Bond Act,
upon each delivery of | ||||||
26 | bonds issued for construction of school improvements
under the |
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1 | School Construction Law, the State Comptroller shall
compute | ||||||
2 | and certify to the State Treasurer the total amount of | ||||||
3 | principal of,
interest on, and premium, if any, on such bonds | ||||||
4 | during the then current and
each succeeding fiscal year.
With | ||||||
5 | respect to the interest payable on variable rate bonds, such
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6 | certifications shall be calculated at the maximum rate of | ||||||
7 | interest that
may be payable during the fiscal year, after | ||||||
8 | taking into account any credits
permitted in the related | ||||||
9 | indenture or other instrument against the amount of
such | ||||||
10 | interest required to be appropriated for that period.
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11 | On or before the last day of each month, the State | ||||||
12 | Treasurer and State
Comptroller shall transfer from the School | ||||||
13 | Infrastructure Fund to the General
Obligation Bond Retirement | ||||||
14 | and Interest Fund an amount sufficient to pay the
aggregate of | ||||||
15 | the principal of, interest on, and premium, if any, on the | ||||||
16 | bonds
payable on their next payment date, divided by the | ||||||
17 | number of monthly transfers
occurring between the last | ||||||
18 | previous payment date (or the delivery date if no
payment date | ||||||
19 | has yet occurred) and the next succeeding payment date.
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20 | Interest payable on variable rate bonds shall be calculated at | ||||||
21 | the maximum
rate of interest that may be payable for the | ||||||
22 | relevant period, after taking into
account any credits | ||||||
23 | permitted in the related indenture or other instrument
against | ||||||
24 | the amount of such interest required to be appropriated for | ||||||
25 | that
period.
Interest for which moneys have already been | ||||||
26 | deposited into the capitalized
interest account within the |
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1 | General Obligation Bond Retirement and Interest
Fund shall not | ||||||
2 | be included in the calculation of the amounts to be | ||||||
3 | transferred
under this subsection.
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4 | (b-5) The money deposited into the School Infrastructure | ||||||
5 | Fund from transfers pursuant to subsections (c-30) and (c-35) | ||||||
6 | of Section 13 of the Illinois Gambling Act shall be applied, | ||||||
7 | without further direction, as provided in subsection (b-3) of | ||||||
8 | Section 5-35 of the School Construction Law. | ||||||
9 | (b-7) In fiscal year 2021 only, of the surplus, if any, in | ||||||
10 | the School Infrastructure Fund after payments made pursuant to | ||||||
11 | subsections (a-5), (b), and (b-5) of this Section, $20,000,000 | ||||||
12 | shall be transferred to the General Revenue Fund. | ||||||
13 | (c) The surplus, if any, in the School Infrastructure Fund | ||||||
14 | after payments made pursuant to subsections (a-5), (b), (b-5), | ||||||
15 | and (b-7) of this Section shall, subject to appropriation, be | ||||||
16 | used as follows:
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17 | First - to make 3 payments to the School Technology | ||||||
18 | Revolving Loan Fund as
follows:
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19 | Transfer of $30,000,000 in fiscal year 1999;
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20 | Transfer of $20,000,000 in fiscal year 2000; and
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21 | Transfer of $10,000,000 in fiscal year 2001.
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22 | Second - to pay any amounts due for grants for school | ||||||
23 | construction projects
and debt service under the School | ||||||
24 | Construction Law.
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25 | Third - to pay any amounts due for grants for school | ||||||
26 | maintenance projects
under the School Construction Law.
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1 | (Source: P.A. 100-23, eff. 7-6-17; 101-31, eff. 6-28-19; | ||||||
2 | 101-636, eff. 6-10-20.)
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3 | Section 10. The Local Government Debt Reform Act is | ||||||
4 | amended by changing Section 16.5 as follows:
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5 | (30 ILCS 350/16.5)
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6 | Sec. 16.5. Proposition for bonds. For all elections held | ||||||
7 | after July 1,
2000, the form of a proposition to authorize the | ||||||
8 | issuance of bonds pursuant to
either a referendum or backdoor | ||||||
9 | referendum may be as set forth in this Section
as an | ||||||
10 | alternative to the form of proposition as otherwise set forth | ||||||
11 | by
applicable law. The proposition authorized by this Section | ||||||
12 | shall be in
substantially the following form:
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13 | Shall (name of governmental unit) (state purpose for | ||||||
14 | the bond issue) and
issue its bonds to the amount of $ | ||||||
15 | (state amount) for the purpose of paying the
costs | ||||||
16 | thereof?
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17 | If a school district receives a conditional grant award | ||||||
18 | from the Capital Development Board expects to receive a school | ||||||
19 | construction grant from
the State of Illinois pursuant to | ||||||
20 | Section 5-15 of the School Construction Law for the a school
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21 | construction project to be financed in part with proceeds of | ||||||
22 | the bonds a bond authorized
by referendum, then the form of | ||||||
23 | proposition may at the option of the school
district | ||||||
24 | additionally contain substantially the following language:
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1 | (Name of school district) expects to receive a school | ||||||
2 | construction grant
from the State of Illinois in the | ||||||
3 | amount
of
$ (state amount) pursuant to the
School | ||||||
4 | Construction Law to cover a portion of the total project | ||||||
5 | costs for the school construction project to be financed | ||||||
6 | in
part with the proceeds of the bonds, based on the | ||||||
7 | conditional grant award received from the Capital | ||||||
8 | Development Board pursuant to the School Construction Law | ||||||
9 | (i) a grant entitlement from the
State Board of Education | ||||||
10 | and (ii) current recognized project costs determined
by | ||||||
11 | the Capital Development Board .
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12 | (Source: P.A. 91-868, eff. 6-22-00; 92-879, eff. 1-13-03.)
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13 | Section 15. The School Construction Law is amended by | ||||||
14 | changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-35, and | ||||||
15 | 5-50 as follows:
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16 | (105 ILCS 230/5-5)
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17 | Sec. 5-5. Definitions. As used in this Article:
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18 | "Conditional grant award" means the formal notification by | ||||||
19 | the Capital Development Board to a school district of its | ||||||
20 | conditional intent to award a grant to a school district to pay | ||||||
21 | a portion of the recognized project cost for a school | ||||||
22 | construction project. The grant award is conditioned upon | ||||||
23 | receiving proof from the school district that it has funds | ||||||
24 | available to cover the cost of the required local match. |
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1 | "Grant award amount" means an amount equal to the | ||||||
2 | recognized project cost determined by the Capital Development | ||||||
3 | Board for a school construction project multiplied by the | ||||||
4 | grant award percentage and then adjusted as may be required | ||||||
5 | pursuant to subsection (d) of Section 5-15. | ||||||
6 | "Grant award percentage" means a percentage equal to one | ||||||
7 | minus the required local match percentage. | ||||||
8 | "Approved school construction bonds" mean bonds that were | ||||||
9 | approved by
referendum after January 1, 1996 but prior to | ||||||
10 | January 1, 1998 as provided in
Sections 19-2 through 19-7 of | ||||||
11 | the School Code to provide funds for the
acquisition, | ||||||
12 | development, construction, reconstruction, rehabilitation,
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13 | improvement, architectural planning, and installation of | ||||||
14 | capital facilities
consisting of buildings, structures, | ||||||
15 | durable-equipment, and land for
educational purposes.
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16 | "Grant index" means a figure for each school district | ||||||
17 | equal to one minus the
ratio of the district's equalized | ||||||
18 | assessed valuation per pupil in average daily
attendance to | ||||||
19 | the equalized assessed valuation per pupil in average daily
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20 | attendance of the district located at the 90th percentile for | ||||||
21 | all districts of
the same category. This definition applies | ||||||
22 | only to completed school construction projects for which a | ||||||
23 | grant application was filed for the 2004, 2005, or 2006 | ||||||
24 | application cycle by a school district included on the State | ||||||
25 | Board of Education's 2004, 2005, or 2006 School Construction | ||||||
26 | Project Application Cycle listing and only for the purpose of |
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1 | determining the amount of any adjustment pursuant to | ||||||
2 | subsection (d) of Section 5-15 to a grant award amount for a | ||||||
3 | project funded during the first application cycle opened after | ||||||
4 | June 30, 2022.
For the purpose of calculating the grant index, | ||||||
5 | school districts are
grouped
into 2 categories, Category I and | ||||||
6 | Category II. Category I consists of
elementary and unit school | ||||||
7 | districts. The equalized assessed valuation
per pupil in | ||||||
8 | average daily attendance of each school district in Category I
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9 | shall be computed using its grades kindergarten through 8 | ||||||
10 | average daily
attendance figure. A unit school district's | ||||||
11 | Category I grant index shall be
used
for projects or portions | ||||||
12 | of projects constructed for elementary school
pupils. Category | ||||||
13 | II consists of high school and unit school districts. The
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14 | equalized assessed valuation per pupil in average daily | ||||||
15 | attendance of
each school district in Category II shall be | ||||||
16 | computed using its grades 9
through 12 average daily | ||||||
17 | attendance figure. A unit school district's Category
II
grant | ||||||
18 | index shall be used for projects or portions of projects | ||||||
19 | constructed
for high school pupils.
The changes made by this | ||||||
20 | amendatory Act of the 92nd General Assembly apply
to all | ||||||
21 | grants made on or after the effective date of this amendatory | ||||||
22 | Act,
provided that for grants not yet made on the effective | ||||||
23 | date of this amendatory
Act but made in fiscal year 2001 and | ||||||
24 | for grants made
in fiscal year 2002, the grant index for a | ||||||
25 | school district shall be the
greater of (i) the grant index as | ||||||
26 | calculated under this Law on or after the
effective date of |
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1 | this amendatory
Act or (ii) the grant index as calculated | ||||||
2 | under this Law before the effective
date of this
amendatory | ||||||
3 | Act.
The grant index shall be no less than 0.35 and no greater | ||||||
4 | than
0.75 for each district; provided that the grant index for | ||||||
5 | districts whose
equalized assessed valuation per pupil in | ||||||
6 | average daily attendance is at the
99th percentile and above | ||||||
7 | for all districts of the same type shall be 0.00.
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8 | The grant index shall be calculated for each of those | ||||||
9 | school districts forming a reorganized school district or | ||||||
10 | cooperative high school if one or more of the following happen | ||||||
11 | within the current or prior 2 fiscal years: | ||||||
12 | (1) a new school district is created in accordance | ||||||
13 | with Article 11E of the School Code; | ||||||
14 | (2) an existing school district annexes all of the | ||||||
15 | territory of one or more entire other school districts in | ||||||
16 | accordance with Article 7 of the School Code; or | ||||||
17 | (3) a cooperative high school is formed in accordance | ||||||
18 | with Section 10-22.22c of the School Code. | ||||||
19 | The average grant index of those school districts shall be | ||||||
20 | used as the grant index for the newly reorganized district or | ||||||
21 | cooperative high school. | ||||||
22 | "Recognized project cost" means the total project cost for | ||||||
23 | a school construction project determined by the Capital | ||||||
24 | Development Board to be taken into account in calculating the | ||||||
25 | grant award amount and the required local match for a school | ||||||
26 | construction project. |
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1 | "Required local match" means an amount equal to the | ||||||
2 | product of the recognized project cost determined by the | ||||||
3 | Capital Development Board multiplied by a school district's | ||||||
4 | required local match percentage, and then adjusted as may be | ||||||
5 | required pursuant to Section 5-15. | ||||||
6 | "Required local match percentage" means a percentage equal | ||||||
7 | to a school district's Local Capacity Percentage, as defined | ||||||
8 | in Section 18-8.15 of the School Code, and as calculated by the | ||||||
9 | State Superintendent of Education in the fiscal year in which | ||||||
10 | the school district applies for a grant to be awarded pursuant | ||||||
11 | to this Article, provided that the required local match | ||||||
12 | percentage shall be no less than 10% and no greater than 90% | ||||||
13 | for any district. With respect to a Type 40 area vocational | ||||||
14 | center cooperative, a special education cooperative, or a | ||||||
15 | cooperative high school, the required local match percentage | ||||||
16 | is calculated by first multiplying each cooperative member | ||||||
17 | district's average student enrollment utilized to calculate | ||||||
18 | its latest Evidence-Based Funding, as defined in Section | ||||||
19 | 18-8.15 of the School Code, by the respective district's | ||||||
20 | latest Local Capacity Percentage, as defined in Section | ||||||
21 | 18-8.15 of the School Code, to obtain a weighted average | ||||||
22 | student enrollment. Then, the required local match percentage | ||||||
23 | is calculated by taking the sum of all the member districts' | ||||||
24 | weighted average student enrollment and dividing that sum by | ||||||
25 | the sum of all the member districts' average student | ||||||
26 | enrollment utilized to calculate the latest Evidence-Based |
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1 | Funding. | ||||||
2 | "School construction project" means the acquisition, | ||||||
3 | development,
construction, reconstruction, rehabilitation, | ||||||
4 | improvement, architectural
planning, and installation of | ||||||
5 | capital facilities consisting of buildings,
structures, | ||||||
6 | durable equipment, and land for educational purposes.
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7 | "School district" means a school district or a Type 40 | ||||||
8 | area vocational center or special education cooperative that | ||||||
9 | is jointly owned , if the joint agreement includes language | ||||||
10 | that specifies how the debt obligation is to be paid, | ||||||
11 | including in the event that an entity withdraws from the joint | ||||||
12 | agreement. | ||||||
13 | "School district" includes a cooperative high school, if | ||||||
14 | the cooperative agreement includes language that specifies how | ||||||
15 | the debt obligation is to be paid, including if an entity | ||||||
16 | withdraws from the cooperative agreement or the cooperative | ||||||
17 | agreement is terminated which shall be considered a high | ||||||
18 | school district for the purpose of calculating its grant | ||||||
19 | index .
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20 | "School maintenance project" means a project, other than a | ||||||
21 | school
construction project, intended to provide for the | ||||||
22 | maintenance or upkeep
of buildings or structures for | ||||||
23 | educational purposes, but does not include
ongoing operational | ||||||
24 | costs.
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25 | (Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
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1 | (105 ILCS 230/5-10)
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2 | Sec. 5-10. Grant awards. The Capital Development Board is | ||||||
3 | authorized to
make grants to school districts for school | ||||||
4 | construction projects with funds
appropriated by the General
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5 | Assembly from the School Infrastructure Fund and the School | ||||||
6 | Construction Fund pursuant to the provisions of this
Article. | ||||||
7 | The State Board of Education is authorized to make grants to | ||||||
8 | school
districts for debt service with funds appropriated by | ||||||
9 | the General Assembly from
the School Infrastructure Fund | ||||||
10 | pursuant to the provisions of
this Article.
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11 | (Source: P.A. 90-548, eff. 1-1-98.)
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12 | (105 ILCS 230/5-15)
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13 | Sec. 5-15. Grant award amounts and required local match | ||||||
14 | entitlements . | ||||||
15 | (a) After June 30, 2022, any time there is an | ||||||
16 | appropriation of funds by the General Assembly from the School | ||||||
17 | Infrastructure Fund or School Construction Fund and a release | ||||||
18 | of the appropriated funds to the Capital Development Board for | ||||||
19 | expenditure on grant awards pursuant to the provisions of this | ||||||
20 | Article, the The State Board of Education is authorized
to | ||||||
21 | open an application cycle to receive grant applications from | ||||||
22 | school districts issue grant entitlements for school | ||||||
23 | construction projects . No grant application filed before the | ||||||
24 | start of the first application cycle after June 30, 2022 may be | ||||||
25 | considered. After the close of each application cycle, the |
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1 | State Board of Education and debt service
and shall determine | ||||||
2 | the approval of applications, the required local match | ||||||
3 | percentage for each approved application, and the priority | ||||||
4 | order for school construction project grants
to be made by the | ||||||
5 | Capital Development Board and shall then notify all applicants | ||||||
6 | regarding their eligibility for a grant. Such notification | ||||||
7 | shall include an estimate of the required local match. The | ||||||
8 | State Board of Education shall publish a list of applicants | ||||||
9 | eligible for grants and forward it to the Capital Development | ||||||
10 | Board .
When issuing a grant entitlement for a school | ||||||
11 | construction project, the
Capital Development Board, as a part | ||||||
12 | of that entitlement, shall certify to the
district receiving | ||||||
13 | the entitlement the dollar amount of the school construction
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14 | project's cost that the district will be required to finance | ||||||
15 | with non-grant
funds in order to qualify to receive a school | ||||||
16 | construction project grant under
this Article from the Capital | ||||||
17 | Development Board .
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18 | (b) The Capital Development Board, to the extent that | ||||||
19 | appropriated funds have been released and proceeding through | ||||||
20 | the list of eligible applicants in the order of priority | ||||||
21 | determined by the State Board of Education, shall issue | ||||||
22 | conditional grant awards to eligible school districts. An | ||||||
23 | applicant that does not receive a conditional grant award | ||||||
24 | notification must submit a new application during another | ||||||
25 | application cycle in order to receive future consideration for | ||||||
26 | a grant award. |
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1 | (c) The conditional grant award certifies to a school | ||||||
2 | district the recognized project costs for its school | ||||||
3 | construction project determined by the Capital Development | ||||||
4 | Board, the applicable required local match percentage and | ||||||
5 | grant award percentage, the required local match and grant | ||||||
6 | award amount calculated by multiplying the required local | ||||||
7 | match percentage and the grant award percentage by the | ||||||
8 | recognized project cost, and the required local match and | ||||||
9 | grant award amount as those amounts may be adjusted as | ||||||
10 | required in subsection (d). | ||||||
11 | (d) The required local match and grant award amount are | ||||||
12 | calculated by multiplying the required local match percentage | ||||||
13 | and the grant award percentage by the recognized project cost, | ||||||
14 | provided that, only during the first application cycle after | ||||||
15 | June 30, 2022, these amounts may be adjusted if the applicant | ||||||
16 | had previously expended funds on a school construction project | ||||||
17 | on the 2004, 2005, or 2006 School Construction Grant List. In | ||||||
18 | that case, the required local match shall be reduced (but not | ||||||
19 | below zero) and the grant award amount shall be increased (to | ||||||
20 | an amount no greater than the recognized project cost) by an | ||||||
21 | amount determined by the Capital Development Board to be equal | ||||||
22 | to the amount of the grant the applicant would have received | ||||||
23 | pursuant to Section 5-35 had it been awarded a grant in 2004, | ||||||
24 | 2005, or 2006 based on the 2004, 2005, or 2006 School | ||||||
25 | Construction Grant List and the year in which the school | ||||||
26 | district applied for the grant. |
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1 | (e) A school district shall have 2 years from the date the | ||||||
2 | school district was issued a conditional grant award from the | ||||||
3 | Capital Development Board to obtain the school district's | ||||||
4 | required local match and receive a final grant award from the | ||||||
5 | Capital Development Board. If the required local match is not | ||||||
6 | obtained within the 2-year time frame, the school district | ||||||
7 | shall be required to reapply in another application cycle, | ||||||
8 | after the 2-year time frame, to be considered for a grant | ||||||
9 | award. The State share of the grant amount in a conditional | ||||||
10 | grant award that is not claimed by a school district within the | ||||||
11 | 2-year time frame shall be reallocated to future application | ||||||
12 | cycles after the 2-year time frame expires. | ||||||
13 | (Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
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14 | (105 ILCS 230/5-20)
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15 | Sec. 5-20. Grant application; district facilities plan. | ||||||
16 | School districts
shall apply to the State Board of Education | ||||||
17 | for school construction project
grants and debt service | ||||||
18 | grants . Districts filing grant applications shall
submit to | ||||||
19 | the State Board a district facilities plan that shall include,
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20 | but not be limited to, an assessment of present and future | ||||||
21 | district facility
needs as required by present and anticipated | ||||||
22 | educational programming, the
availability of local financial | ||||||
23 | resources
including current revenues, fund balances, and | ||||||
24 | unused bonding capacity, a
fiscal plan for meeting present and | ||||||
25 | anticipated debt service obligations, and a
maintenance plan |
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1 | and schedule that contain necessary assurances that new,
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2 | renovated, and existing facilities are being or will be | ||||||
3 | properly maintained.
If a district that applies for a school | ||||||
4 | construction project grant has no
unused bonding capacity or | ||||||
5 | if its unused bonding capacity may be less than the
portion of | ||||||
6 | the cost of the proposed school construction project that the
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7 | district would be required to finance with non-grant funds, | ||||||
8 | the amount certified by the Capital Development Board under | ||||||
9 | Section 5-15 application and
facilities plan submitted by the | ||||||
10 | district shall set forth the estimated amount
of the project's | ||||||
11 | cost that the district proposes to finance by the issuance of
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12 | bonds under subsection (n) of Section 19-1 of the School Code.
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13 | The State Board of Education shall review and approve district | ||||||
14 | facilities plans
prior to prioritizing the applications | ||||||
15 | issuing grant entitlements. Each district that receives a | ||||||
16 | grant
entitlement shall annually update its district | ||||||
17 | facilities plan and submit the
revised plan to the
State Board | ||||||
18 | for approval .
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19 | (Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
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20 | (105 ILCS 230/5-25)
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21 | Sec. 5-25. Eligibility and project standards.
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22 | (a) The State Board of Education shall establish | ||||||
23 | eligibility standards for
school construction project grants | ||||||
24 | and debt service grants . These standards
shall include minimum | ||||||
25 | enrollment requirements for eligibility for school
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1 | construction project grants of 200 students for elementary | ||||||
2 | districts, 200
students for high school districts, and 400 | ||||||
3 | students for unit districts. The total enrollment of member | ||||||
4 | districts forming a cooperative high school in accordance with | ||||||
5 | subsection (c) of Section 10-22.22 of the School Code shall | ||||||
6 | meet the minimum enrollment requirements specified in this | ||||||
7 | subsection (a). The
State Board of Education shall approve a | ||||||
8 | district's eligibility for a school
construction project grant | ||||||
9 | or a debt service grant pursuant to the established
standards.
| ||||||
10 | For purposes only of determining a Type 40 area vocational | ||||||
11 | center's eligibility for an entity included in a school | ||||||
12 | construction project grant or a school maintenance project | ||||||
13 | grant, an area vocational center shall be deemed eligible if | ||||||
14 | one or more of its member school districts satisfy the grant | ||||||
15 | index criteria set forth in this Law. A Type 40 area vocational | ||||||
16 | center that makes application for school construction funds | ||||||
17 | after August 25, 2009 (the effective date of Public Act | ||||||
18 | 96-731) shall be placed on the respective application cycle | ||||||
19 | list. Type 40 area vocational centers must be placed last on | ||||||
20 | the priority listing of eligible entities for the applicable | ||||||
21 | fiscal year.
| ||||||
22 | (b) The Capital Development Board shall establish
project | ||||||
23 | standards for all school construction project grants provided | ||||||
24 | pursuant
to this Article. These standards shall include space | ||||||
25 | and capacity standards as
well as the determination of | ||||||
26 | recognized project costs that shall be eligible
for State |
| |||||||
| |||||||
1 | financial assistance and enrichment costs that shall not be | ||||||
2 | eligible
for State financial assistance.
| ||||||
3 | (c) The State Board of Education and the Capital | ||||||
4 | Development Board shall
not establish standards that | ||||||
5 | disapprove or otherwise establish limitations
that restrict | ||||||
6 | the eligibility of (i) a school district with a population | ||||||
7 | exceeding
500,000 for a school construction project grant | ||||||
8 | based on the fact that any or
all of the school construction | ||||||
9 | project grant will be used to pay debt service
or to make lease | ||||||
10 | payments, as authorized by subsection (b) of Section 5-35 of
| ||||||
11 | this Law, (ii) a school district located in whole or in part in | ||||||
12 | a county that imposes a tax for school facility or resources | ||||||
13 | purposes pursuant to Section 5-1006.7 of the Counties Code, or | ||||||
14 | (iii) a school district that (1) was organized prior to 1860 | ||||||
15 | and (2) is located in part in a city originally incorporated | ||||||
16 | prior to 1840, based on the fact that all or a part of the | ||||||
17 | school construction project is owned by a public building | ||||||
18 | commission and leased to the school district or the fact that | ||||||
19 | any or all of the school construction project grant will be | ||||||
20 | used to pay debt service or to make lease payments.
| ||||||
21 | (d) (Blank). A reorganized school district or cooperative | ||||||
22 | high school may use a school construction application that was | ||||||
23 | submitted by a school district that formed the reorganized | ||||||
24 | school district or cooperative high school if that application | ||||||
25 | has not been entitled for a project by the State Board of | ||||||
26 | Education and any one or more of the following happen within |
| |||||||
| |||||||
1 | the current or prior 4 fiscal years: | ||||||
2 | (1) a new school district is created in accordance | ||||||
3 | with Article 11E of the School Code; | ||||||
4 | (2) an existing school district annexes all of the | ||||||
5 | territory of one or more other school districts in | ||||||
6 | accordance with Article 7 of the School Code; or | ||||||
7 | (3) a cooperative high school is formed in accordance | ||||||
8 | with subsection (c) of Section 10-22.22 of the School | ||||||
9 | Code.
| ||||||
10 | A new elementary district formed from a school district | ||||||
11 | conversion, as defined in Section 11E-15 of the School Code, | ||||||
12 | may use only the application of the dissolved district whose | ||||||
13 | territory is now included in the new elementary district and | ||||||
14 | must obtain the written approval of the local school board of | ||||||
15 | any other school district that includes territory from that | ||||||
16 | dissolved district. A new high school district formed from a | ||||||
17 | school district conversion, as defined in Section 11E-15 of | ||||||
18 | the School Code, may use only the application of any dissolved | ||||||
19 | district whose territory is now included in the new high | ||||||
20 | school district, but only after obtaining the written approval | ||||||
21 | of the local school board of any other school district that | ||||||
22 | includes territory from that dissolved district. A cooperative | ||||||
23 | high school using this Section must obtain the written | ||||||
24 | approval of the local school board of the member school | ||||||
25 | district whose application it is using. All other eligibility | ||||||
26 | and project standards apply to this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 101-455, eff. 8-23-19.)
| ||||||
2 | (105 ILCS 230/5-30)
| ||||||
3 | Sec. 5-30. Priority of school construction projects. The | ||||||
4 | State Board of
Education shall develop standards for the | ||||||
5 | determination of priority needs
concerning school construction | ||||||
6 | projects based upon approved district facilities
plans. Such | ||||||
7 | standards shall call for prioritization based on
the degree of | ||||||
8 | need and project type in the following order:
| ||||||
9 | (1) Replacement or reconstruction of school buildings | ||||||
10 | destroyed or damaged
by flood, tornado, fire, earthquake, | ||||||
11 | mine subsidence, or other disasters, either man-made or
| ||||||
12 | produced by nature;
| ||||||
13 | (2) Projects designed to alleviate a shortage of | ||||||
14 | classrooms due to
population growth or to replace or | ||||||
15 | rehabilitate aging school buildings;
| ||||||
16 | (3) Projects resulting from interdistrict | ||||||
17 | reorganization
of school districts contingent on local | ||||||
18 | referenda;
| ||||||
19 | (4) Replacement, rehabilitation, or reconstruction of | ||||||
20 | school
facilities determined to be severe and continuing | ||||||
21 | health or life safety
hazards;
| ||||||
22 | (5) Alterations necessary to provide accessibility for | ||||||
23 | qualified individuals
with disabilities; and
| ||||||
24 | (6) Other unique solutions to facility needs.
| ||||||
25 | Except for those changes absolutely necessary to comply with |
| |||||||
| |||||||
1 | the changes made to subsection (c) of Section 5-25 of this Law | ||||||
2 | by Public Act 96-37, the State Board of Education may not make | ||||||
3 | any material changes to the standards in effect on May 18, | ||||||
4 | 2004, unless the State Board of Education is specifically | ||||||
5 | authorized by law.
| ||||||
6 | (Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09; | ||||||
7 | 96-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
| ||||||
8 | (105 ILCS 230/5-35)
| ||||||
9 | Sec. 5-35. School construction project grant award | ||||||
10 | amounts; permitted
use; prohibited use. | ||||||
11 | (a) The grant award percentage is equal to one minus the | ||||||
12 | required local match percentage. The grant award amount is | ||||||
13 | equal to the grant award percentage multiplied by The product | ||||||
14 | of the district's grant index and the
recognized project cost , | ||||||
15 | as determined by the Capital Development Board , for an
| ||||||
16 | approved school construction project , which amount may be | ||||||
17 | adjusted as required in Section 5-15. The grant award amount | ||||||
18 | shall equal the amount of the grant the
Capital Development | ||||||
19 | Board shall provide to the eligible district. The grant
index | ||||||
20 | shall not be used in cases where the General Assembly and the | ||||||
21 | Governor
approve appropriations designated for specifically | ||||||
22 | identified school district
construction projects.
| ||||||
23 | The average of the grant indexes of the member districts | ||||||
24 | in a joint agreement shall be used to calculate the amount of a | ||||||
25 | school construction project grant awarded to an eligible Type |
| |||||||
| |||||||
1 | 40 area vocational center.
| ||||||
2 | (b) In each fiscal year in which school construction | ||||||
3 | project grants are
awarded, 20% of the total amount awarded | ||||||
4 | statewide shall be awarded to a school
district with a | ||||||
5 | population exceeding 500,000, provided such district complies
| ||||||
6 | with the provisions of this Article.
| ||||||
7 | In addition to the uses otherwise authorized by this Law, | ||||||
8 | any school
district with a population exceeding 500,000 is | ||||||
9 | authorized to use any or all
of the school construction | ||||||
10 | project grants (i) to pay debt service, as defined
in the Local | ||||||
11 | Government Debt Reform Act, on bonds, as defined in the Local
| ||||||
12 | Government Debt Reform Act, issued to finance one or more | ||||||
13 | school construction
projects and (ii) to the extent that any | ||||||
14 | such bond is a lease or other
installment or financing | ||||||
15 | contract between the school district and a public
building | ||||||
16 | commission that has issued bonds to finance one or more | ||||||
17 | qualifying
school construction projects, to make lease | ||||||
18 | payments under the lease.
| ||||||
19 | (b-3)
The Capital Development Board shall make payment in | ||||||
20 | an amount equal to 20% of each amount deposited into the School | ||||||
21 | Infrastructure Fund pursuant to subsection (b-5) of Section | ||||||
22 | 6z-45 of the State Finance Act to the Board of Education of the | ||||||
23 | City of Chicago within 10 days after such deposit. The Board of | ||||||
24 | Education of the City of Chicago shall use such moneys | ||||||
25 | received (i) for application to the costs of a school | ||||||
26 | construction project, (ii) to pay debt service on bonds, as |
| |||||||
| |||||||
1 | those terms are defined in the Local Government Debt Reform | ||||||
2 | Act, that are issued to finance one or more school | ||||||
3 | construction projects, and (iii) to the extent that any such | ||||||
4 | bond is a lease or other installment or financing contract | ||||||
5 | between the school district and a public building commission | ||||||
6 | that has issued bonds to finance one or more qualifying school | ||||||
7 | construction projects, to make lease payments under the lease. | ||||||
8 | The Board of Education of the City of Chicago shall submit | ||||||
9 | quarterly to the Capital Development Board documentation | ||||||
10 | sufficient to establish that this money is being used as | ||||||
11 | authorized by this Section. The Capital Development Board may | ||||||
12 | withhold payments if the documentation is not provided. The | ||||||
13 | remaining 80% of each such deposit shall be applied in | ||||||
14 | accordance with the provisions of subsection (a) of this | ||||||
15 | Section; however, no portion of this remaining 80% shall be | ||||||
16 | awarded to a school district with a population of more than | ||||||
17 | 500,000. | ||||||
18 | (b-5) In addition to the uses otherwise authorized by this | ||||||
19 | Law, any school district that (1) was organized prior to 1860 | ||||||
20 | and (2) is located in part in a city originally incorporated | ||||||
21 | prior to 1840 is authorized to use any or all of the school | ||||||
22 | construction project grants (i) to pay debt service on bonds, | ||||||
23 | as those terms are defined in the Local Government Debt Reform | ||||||
24 | Act, that are issued to finance one or more school | ||||||
25 | construction projects and (ii) to the extent that any such | ||||||
26 | bond is a lease or other installment or financing contract |
| |||||||
| |||||||
1 | between the school district and a public building commission | ||||||
2 | that has issued bonds to finance one or more qualifying school | ||||||
3 | construction projects, to make lease payments under the lease. | ||||||
4 | (c) No portion of a school construction project grant | ||||||
5 | awarded by the
Capital Development Board shall be used by a | ||||||
6 | school district for any
on-going operational costs.
| ||||||
7 | (Source: P.A. 98-18, eff. 6-7-13.)
| ||||||
8 | (105 ILCS 230/5-50) | ||||||
9 | Sec. 5-50. Referendum requirements. A school district may | ||||||
10 | submit a school construction project or the financing of a | ||||||
11 | school construction project to referendum at any time. | ||||||
12 | However, the proposition may include a reference to the school | ||||||
13 | district's expectation of receiving a school construction | ||||||
14 | grant from the State of Illinois only if the school district | ||||||
15 | has received a conditional grant award for the project from | ||||||
16 | the Capital Development Board. After the State Board of | ||||||
17 | Education
has approved all or part of a district's application | ||||||
18 | and issued a grant
entitlement for a school construction | ||||||
19 | project grant, the district shall submit
the project or the | ||||||
20 | financing of the project to a referendum when such
referendum | ||||||
21 | is required by law, except for a project financed by bonds | ||||||
22 | issued pursuant to subsection (p-70) of Section 19-1 of the | ||||||
23 | School Code. | ||||||
24 | (Source: P.A. 96-1438, eff. 8-20-10; 97-333, eff. 8-12-11.)
|
| |||||||
| |||||||
1 | (105 ILCS 230/5-37 rep.)
| ||||||
2 | (105 ILCS 230/5-38 rep.)
| ||||||
3 | (105 ILCS 230/5-45 rep.)
| ||||||
4 | (105 ILCS 230/5-57 rep.) | ||||||
5 | Section 20. The School Construction Law is amended by | ||||||
6 | repealing Sections 5-37, 5-38, 5-45, and 5-57.
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law.".
|