093_HB3144

 
                                     LRB093 07402 NHT 07566 b

 1        AN ACT relating to school construction.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The School Construction  Law  is  amended  by
 5    changing Sections 5-5, 5-25, and 5-35  as follows:

 6        (105 ILCS 230/5-5)
 7        Sec. 5-5. Definitions.  As used in this Article:
 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,
13    improvement,  architectural  planning,  and  installation  of
14    capital   facilities  consisting  of  buildings,  structures,
15    durable-equipment, and land for educational purposes.
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
20    attendance of the district located at the 90th percentile for
21    all districts of  the  same  category.  For  the  purpose  of
22    calculating  the  grant  index,  school districts are grouped
23    into 2 categories, Category I and Category  II.   Category  I
24    consists  of  elementary  and  unit  school  districts.   The
25    equalized  assessed  valuation  per  pupil  in  average daily
26    attendance of each school district in  Category  I  shall  be
27    computed  using  its  grades  kindergarten  through 8 average
28    daily attendance figure.  A unit school district's Category I
29    grant index  shall  be  used  for  projects  or  portions  of
30    projects  constructed for elementary school pupils.  Category
31    II consists of high school and unit  school  districts.   The
 
                            -2-      LRB093 07402 NHT 07566 b
 1    equalized  assessed  valuation  per  pupil  in  average daily
 2    attendance of each school district in Category  II  shall  be
 3    computed   using  its  grades  9  through  12  average  daily
 4    attendance figure.  A  unit  school  district's  Category  II
 5    grant  index  shall  be  used  for  projects  or  portions of
 6    projects constructed for high school  pupils.    The  changes
 7    made  by  this  amendatory  Act  of the 92nd General Assembly
 8    apply to all grants made on or after the  effective  date  of
 9    this amendatory Act, provided that for grants not yet made on
10    the  effective date of this amendatory Act but made in fiscal
11    year 2001 and for grants made in fiscal  year 2002, the grant
12    index for a school district shall be the greater of  (i)  the
13    grant  index  as  calculated  under  this Law on or after the
14    effective date of this amendatory Act or (ii) the grant index
15    as calculated under this Law before  the  effective  date  of
16    this  amendatory  Act.  The grant index shall be no less than
17    0.50 0.35  and  no  greater  than  0.75  for  each  district;
18    provided  that  the grant index for districts whose equalized
19    assessed valuation per pupil in average daily  attendance  is
20    at  the  99th  percentile  and above for all districts of the
21    same type shall be 0.00.
22        "School  construction  project"  means  the  acquisition,
23    development,  construction,  reconstruction,  rehabilitation,
24    improvement,  architectural  planning,  and  installation  of
25    capital  facilities  consisting  of  buildings,   structures,
26    durable equipment, and land for educational purposes.
27        "School  maintenance project" means a project, other than
28    a school construction project, intended to  provide  for  the
29    maintenance   or   upkeep  of  buildings  or  structures  for
30    educational  purposes,   but   does   not   include   ongoing
31    operational costs.
32    (Source: P.A. 91-38, eff. 6-15-99; 92-168, eff. 7-26-01.)

33        (105 ILCS 230/5-25)
 
                            -3-      LRB093 07402 NHT 07566 b
 1        Sec. 5-25.  Eligibility and project standards.
 2        (a)  The   State   Board  of  Education  shall  establish
 3    eligibility standards for school construction project  grants
 4    and  debt  service  grants.   These  standards  shall include
 5    minimum enrollment requirements for  eligibility  for  school
 6    construction  project  grants  of 200 students for elementary
 7    districts, 200 students for high school  districts,  and  400
 8    students  for  unit  districts.  The State Board of Education
 9    shall  approve  a  district's  eligibility   for   a   school
10    construction  project  grant or a debt service grant pursuant
11    to the established standards.
12        (b)  The  Capital  Development  Board   shall   establish
13    project  standards for all school construction project grants
14    provided pursuant to this  Article.   These  standards  shall
15    include   space   and  capacity  standards  as  well  as  the
16    determination of  recognized  project  costs  that  shall  be
17    eligible  for State financial assistance and enrichment costs
18    that shall not be eligible for State financial assistance.
19        The recognized project cost initially calculated  by  the
20    Capital Development Board shall establish the acceptable cost
21    of  the  eligible expenditures.  If the bid price received by
22    the district from the various contractors  for  the  eligible
23    expenditures is less than the bid estimate amount included in
24    this  initial  calculation,  then the recognized project cost
25    shall be reduced by the amount of the difference.  If the bid
26    price received by the district from the  various  contractors
27    for  the  eligible  expenditures  is  greater  than  the  bid
28    estimate  amount  included  in this initial calculation, then
29    the recognized project cost shall be increased by the  amount
30    of the difference.
31        (c)  The   State  Board  of  Education  and  the  Capital
32    Development  Board  shall  not   establish   standards   that
33    disapprove  or  otherwise establish limitations that restrict
34    the eligibility  of  a  school  district  with  a  population
 
                            -4-      LRB093 07402 NHT 07566 b
 1    exceeding  500,000  for  a  school construction project grant
 2    based on the fact that any or all of the school  construction
 3    project  grant  will  be  used to pay debt service or to make
 4    lease payments, as authorized by subsection  (b)  of  Section
 5    5-35 of this Law.
 6    (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

 7        (105 ILCS 230/5-35)
 8        Sec.  5-35.  School  construction  project grant amounts;
 9    permitted use; prohibited use.
10        (a)  The product of the district's grant  index  and  the
11    recognized   project  cost,  as  determined  by  the  Capital
12    Development  Board,  for  an  approved  school   construction
13    project  shall  equal  the  amount  of  the grant the Capital
14    Development Board shall provide  to  the  eligible  district.
15    For  those  districts  that have not received grants from the
16    Capital Development Board prior to the effective date of this
17    amendatory Act of the 93rd General Assembly,  the  district's
18    grant index may not be less than 0.50.  The grant index shall
19    not  be  used  in  cases  where  the General Assembly and the
20    Governor approve appropriations designated  for  specifically
21    identified school district construction projects.
22        (b)  In  each  fiscal  year  in which school construction
23    project grants are awarded, 20% of the total  amount  awarded
24    statewide  shall  be  awarded  to  a  school  district with a
25    population exceeding 500,000, provided such district complies
26    with the provisions of this Article.
27        In addition to the uses otherwise authorized by this Law,
28    any school district with a population  exceeding  500,000  is
29    authorized  to  use  any  or  all  of the school construction
30    project grants (i) to pay debt service,  as  defined  in  the
31    Local Government Debt Reform Act, on bonds, as defined in the
32    Local  Government  Debt  Reform Act, issued to finance one or
33    more school construction projects and (ii) to the extent that
 
                            -5-      LRB093 07402 NHT 07566 b
 1    any such bond is a lease or other  installment  or  financing
 2    contract  between  the  school district and a public building
 3    commission that has issued  bonds  to  finance  one  or  more
 4    qualifying   school  construction  projects,  to  make  lease
 5    payments under the lease.
 6        (c)  No portion of a school  construction  project  grant
 7    awarded  by  the Capital Development Board shall be used by a
 8    school district for any on-going operational costs.
 9    (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)

10        Section 99.  Effective date.  This Act  takes  effect  on
11    July 1, 2003.