Full Text of SB0001 95th General Assembly
SB0001sam002 95TH GENERAL ASSEMBLY
|
Sen. Emil Jones Jr.
Filed: 5/8/2007
|
|
09500SB0001sam002 |
|
LRB095 04777 NHT 36021 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 1
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 1, AS AMENDED, with | 3 |
| reference to page and line numbers of Senate Amendment No. 1, | 4 |
| as follows:
| 5 |
| on page 2, line 5, after "Section 204.", by inserting "For the | 6 |
| purposes of this Act, any person who earns or receives Illinois | 7 |
| gross receipts, as defined in Section 202(c) of this Act, is | 8 |
| deemed to be doing business in this State."; and | 9 |
| on page 4, by replacing lines 10 through 18 with the following: | 10 |
| "(B) The distributive or proportionate shares of any | 11 |
| taxpayer of receipts or income of a partnership, Subchapter | 12 |
| S corporation, or trust and, in the case of a disregarded | 13 |
| entity, the gross receipts or income of the disregarded | 14 |
| entity. Amounts received as dividends or other | 15 |
| distributions from the income, gains, or earnings or | 16 |
| profits of a corporation (including a Subchapter S |
|
|
|
09500SB0001sam002 |
- 2 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| corporation), partnership, limited liability company, | 2 |
| trust, disregarded entity, or other business entity is | 3 |
| excluded from gross receipts in the case of an individual, | 4 |
| but is included in gross receipts in the case of any other | 5 |
| taxpayer;"; and | 6 |
| on page 11, line 5, by changing "section" to "Section"; and | 7 |
| on page 11, line 8, by changing "state" to "State"; and | 8 |
| on page 11, by replacing line 10 with the following: | 9 |
| "location outside this State and the situation in which a | 10 |
| purchaser accepts the property outside this State and then | 11 |
| transports the property directly or by other means to a | 12 |
| location in this State. Direct delivery in this State,"; | 13 |
| and | 14 |
| on page 12, line 11, after "dividends,", by inserting | 15 |
| "distributions from the income, gains, or earnings and profits | 16 |
| of a corporation (including a Subchapter S corporation), | 17 |
| partnership, limited liability company, trust, disregarded | 18 |
| entity, or other business entity,"; and | 19 |
| on page 13, line 18, by changing "0.85%" to "1%"; and | 20 |
| on page 13, line 20, by changing "1.95%" to "2%"; and |
|
|
|
09500SB0001sam002 |
- 3 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| on page 14, line 20, after "(a)", by inserting "Credit for | 2 |
| income tax payable."; and | 3 |
| on page 15, by replacing line 1 with the following: | 4 |
| "(b) Credit for Illinois employment. For each taxable year, | 5 |
| each taxpayer is allowed a credit equal to $2,000 multiplied by | 6 |
| the number of full-time equivalent Illinois employees of the | 7 |
| taxpayer for the taxable year. The credit allowed under this | 8 |
| subsection for a taxable year may not exceed the greater of (i) | 9 |
| $50,000 for all gross receipts that are subject to tax under | 10 |
| Section 203(a) or (ii) $100,000 for all gross receipts that are | 11 |
| subject to tax under Section 203(b). For the purposes of this | 12 |
| subsection, the number of full-time equivalent Illinois | 13 |
| employees of a taxpayer for a taxable year is the lesser of: | 14 |
| (1) the number of persons who were employees of the | 15 |
| taxpayer at any time during the taxable year and whose | 16 |
| compensation was paid in this State within the meaning of | 17 |
| Section 304(a)(2)(B) of the Illinois Income Tax Act; or | 18 |
| (2) the total number of hours worked for the taxpayer | 19 |
| during the taxable year by all employees of the taxpayer | 20 |
| whose compensation was paid in this State, divided by | 21 |
| 1,500, and rounded to the nearest whole number. In the case | 22 |
| of a short taxable year, the denominator must be 1,500 | 23 |
| multiplied by the number of days in the taxable year, | 24 |
| divided by 365. |
|
|
|
09500SB0001sam002 |
- 4 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| (c) The credits allowed under this Section may not reduce"; | 2 |
| and | 3 |
| on page 15, line 2, by changing "taxpayers" to "taxpayer's"; | 4 |
| and | 5 |
| on page 17, by replacing lines 7 through 10 with the following: | 6 |
| "(a) Each taxpayer with more than $2,000,000 in Illinois | 7 |
| gross receipts for a taxable year shall make a return under | 8 |
| this Act for that taxable year."; and | 9 |
| on page 57, line 19, by changing "subsection (b)" to | 10 |
| "subsection (c)"; and | 11 |
| on page 61, line 19, by changing "section 908" to "Section | 12 |
| 708"; and | 13 |
| on page 77, by deleting lines 23 through 24; and | 14 |
| on page 81, line 13, by changing " $1,000,000 " to " $2,000,000 "; | 15 |
| and | 16 |
| on page 116, by replacing lines 25 through 26 with the | 17 |
| following: | 18 |
| " total net revenues realized for the fiscal year under | 19 |
| paragraph (8) of Section 201(b) of this Act are less than the |
|
|
|
09500SB0001sam002 |
- 5 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| total net revenues realized for State fiscal year 2007 under | 2 |
| that paragraph, then the net revenues for the last month of the | 3 |
| fiscal year shall be increased by the excess of the net | 4 |
| revenues realized under that paragraph during State fiscal year | 5 |
| 2007 over the net revenues realized under that paragraph during | 6 |
| that fiscal year. "; and | 7 |
| on page 117, by deleting lines 1 through 4; and | 8 |
| on page 135, line 1, by replacing "and 27A-4" with "27A-4, and | 9 |
| 27A-5"; and
| 10 |
| by replacing line 3 on page 249 through line 12 on page 252 | 11 |
| with the following:
| 12 |
| "(105 ILCS 5/27A-4)
| 13 |
| Sec. 27A-4. General Provisions.
| 14 |
| (a) The General Assembly does not intend to alter or amend | 15 |
| the provisions
of any court-ordered desegregation plan in | 16 |
| effect for any school district. A
charter school shall be | 17 |
| subject to all federal and State laws and
constitutional | 18 |
| provisions prohibiting discrimination on the basis of
| 19 |
| disability, race, creed, color, gender, national origin, | 20 |
| religion, ancestry,
marital status, or need for special | 21 |
| education services.
| 22 |
| (b) The total number of charter schools operating under |
|
|
|
09500SB0001sam002 |
- 6 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| this Article at any
one time shall not exceed 105
60 . Not more | 2 |
| than 45
30 charter
schools
shall operate at any one time in any | 3 |
| city having a population exceeding
500,000; not more than 30
15
| 4 |
| charter schools shall operate at any one time in the counties | 5 |
| of DuPage, Kane,
Lake, McHenry, Will, and that portion of Cook | 6 |
| County that is located outside a
city having a population | 7 |
| exceeding 500,000, with not more than one
charter school that | 8 |
| has been initiated by a board of education, or
by an | 9 |
| intergovernmental agreement between or among boards of | 10 |
| education,
operating at any one time in the school district | 11 |
| where the charter school is
located; and not more than 30
15 | 12 |
| charter
schools shall operate at any one time in the remainder | 13 |
| of the State, with not
more than one charter school that
has | 14 |
| been initiated by a board of education, or
by an | 15 |
| intergovernmental agreement between or among boards of | 16 |
| education,
operating at any one
time in the school district | 17 |
| where the charter school is located. At least 3 of the | 18 |
| additional charter schools established in a city having a | 19 |
| population exceeding 500,000 under the authority of this | 20 |
| amendatory Act of the 95th General Assembly shall exclusively | 21 |
| reenroll chronic truants and dropouts.
| 22 |
| For purposes of implementing this Section, the State Board | 23 |
| shall assign a
number to each charter submission it receives | 24 |
| under Section 27A-6 for its
review and certification, based on | 25 |
| the chronological order in which the
submission is received by | 26 |
| it. The State Board shall promptly notify local
school boards |
|
|
|
09500SB0001sam002 |
- 7 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| when the maximum numbers of certified charter schools | 2 |
| authorized
to operate have been reached.
| 3 |
| (c) No charter shall be granted under this Article that | 4 |
| would convert any
existing private, parochial, or non-public | 5 |
| school to a charter school.
| 6 |
| (d) Enrollment in a charter school shall be open to any | 7 |
| pupil who resides
within the geographic boundaries of the area | 8 |
| served by the local school board, provided that the board of | 9 |
| education in a city having a population exceeding 500,000 may | 10 |
| designate attendance boundaries for no more than one-third of | 11 |
| the charter schools permitted in the city if the board of | 12 |
| education determines that attendance boundaries are needed to | 13 |
| relieve overcrowding or to better serve low-income and at-risk | 14 |
| students. Students residing within an attendance boundary may | 15 |
| be given priority for enrollment, but must not be required to | 16 |
| attend the charter school.
| 17 |
| (e) Nothing in this Article shall prevent 2 or more local | 18 |
| school boards from
jointly
issuing a charter to a single shared | 19 |
| charter school, provided that all of the
provisions of this | 20 |
| Article are met as to those local school boards.
| 21 |
| (f) No local school board shall require any employee of the | 22 |
| school district
to be employed in a charter school.
| 23 |
| (g) No local school board shall require any pupil residing | 24 |
| within the
geographic boundary of its district to enroll in a | 25 |
| charter school.
| 26 |
| (h) If there are more eligible applicants for enrollment in |
|
|
|
09500SB0001sam002 |
- 8 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| a charter school
than there are spaces available, successful | 2 |
| applicants shall be selected by
lottery. However, priority | 3 |
| shall be given to siblings of pupils enrolled in
the charter | 4 |
| school and to pupils who were enrolled in the charter school | 5 |
| the
previous school year, unless expelled for cause, and | 6 |
| priority may be given to pupils residing within the charter | 7 |
| school's attendance boundary, if a boundary has been designated | 8 |
| by the board of education in a city having a population | 9 |
| exceeding 500,000. Dual enrollment at both a
charter school and | 10 |
| a public school or non-public school shall not be allowed.
A | 11 |
| pupil who is suspended or expelled from a charter school shall | 12 |
| be deemed to
be suspended or expelled from the public schools | 13 |
| of the school district in
which the pupil resides.
| 14 |
| (i) (Blank).
| 15 |
| (j) Notwithstanding any other provision of law to the | 16 |
| contrary, a
school district in a city having a population | 17 |
| exceeding 500,000 shall not
have a duty to collectively bargain | 18 |
| with an exclusive representative of its
employees over | 19 |
| decisions to grant or deny a charter school proposal
under | 20 |
| Section 27A-8 of this Code, decisions to renew or revoke a | 21 |
| charter
under Section 27A-9 of this Code, and the impact of | 22 |
| these decisions,
provided that nothing in this Section shall | 23 |
| have the effect of negating,
abrogating, replacing, reducing, | 24 |
| diminishing, or limiting in any way
employee rights, | 25 |
| guarantees, or privileges granted in Sections 2, 3, 7, 8,
10, | 26 |
| 14, and 15 of the Illinois Educational Labor Relations Act.
|
|
|
|
09500SB0001sam002 |
- 9 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| (Source: P.A. 92-16, eff. 6-28-01; 93-3, eff. 4-16-03; 93-861, | 2 |
| eff. 1-1-05.)
| 3 |
| (105 ILCS 5/27A-5)
| 4 |
| Sec. 27A-5. Charter school; legal entity; requirements.
| 5 |
| (a) A charter school shall be a public, nonsectarian, | 6 |
| nonreligious, non-home
based, and non-profit school. A charter | 7 |
| school shall be organized and operated
as a nonprofit | 8 |
| corporation or other discrete, legal, nonprofit entity
| 9 |
| authorized under the laws of the State of Illinois.
| 10 |
| (b) A charter school may be established under this Article | 11 |
| by creating a new
school or by converting an existing public | 12 |
| school or attendance center to
charter
school status.
Beginning | 13 |
| on April 16, 2003 ( the effective date of Public Act 93-3)
this | 14 |
| amendatory Act of the 93rd General
Assembly , in all new
| 15 |
| applications submitted to the State Board or a local school | 16 |
| board to establish
a charter
school in a city having a | 17 |
| population exceeding 500,000, operation of the
charter
school | 18 |
| shall be limited to one campus. The changes made to this | 19 |
| Section by Public Act 93-3
this
amendatory Act
of the 93rd | 20 |
| General
Assembly do not apply to charter schools existing or | 21 |
| approved on or before April 16, 2003 ( the
effective date of | 22 |
| Public Act 93-3)
this
amendatory Act . With respect to charter | 23 |
| schools operating in a city having a population exceeding | 24 |
| 500,000 on the effective date of this amendatory Act of the | 25 |
| 95th General Assembly, the total number of campuses as of |
|
|
|
09500SB0001sam002 |
- 10 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| January 1, 2007 is the maximum number of campuses permitted | 2 |
| under this Law.
| 3 |
| (c) A charter school shall be administered and governed by | 4 |
| its board of
directors or other governing body
in the manner | 5 |
| provided in its charter. The governing body of a charter school
| 6 |
| shall be subject to the Freedom of Information Act and the Open | 7 |
| Meetings Act.
| 8 |
| (d) A charter school shall comply with all applicable | 9 |
| health and safety
requirements applicable to public schools | 10 |
| under the laws of the State of
Illinois.
| 11 |
| (e) Except as otherwise provided in the School Code, a | 12 |
| charter school shall
not charge tuition; provided that a | 13 |
| charter school may charge reasonable fees
for textbooks, | 14 |
| instructional materials, and student activities.
| 15 |
| (f) A charter school shall be responsible for the | 16 |
| management and operation
of its fiscal affairs including,
but | 17 |
| not limited to, the preparation of its budget. An audit of each | 18 |
| charter
school's finances shall be conducted annually by an | 19 |
| outside, independent
contractor retained by the charter | 20 |
| school.
| 21 |
| (g) A charter school shall comply with all provisions of | 22 |
| this Article and
its charter. A charter
school is exempt from | 23 |
| all other State laws and regulations in the School Code
| 24 |
| governing public
schools and local school board policies, | 25 |
| except the following:
| 26 |
| (1) Sections 10-21.9 and 34-18.5 of the School Code |
|
|
|
09500SB0001sam002 |
- 11 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| regarding criminal
history records checks and checks of the | 2 |
| Statewide Sex Offender Database of applicants for | 3 |
| employment;
| 4 |
| (2) Sections 24-24 and 34-84A of the School Code | 5 |
| regarding discipline of
students;
| 6 |
| (3) The Local Governmental and Governmental Employees | 7 |
| Tort Immunity Act;
| 8 |
| (4) Section 108.75 of the General Not For Profit | 9 |
| Corporation Act of 1986
regarding indemnification of | 10 |
| officers, directors, employees, and agents;
| 11 |
| (5) The Abused and Neglected Child Reporting Act;
| 12 |
| (6) The Illinois School Student Records Act; and
| 13 |
| (7) Section 10-17a of the School Code regarding school | 14 |
| report cards.
| 15 |
| (h) A charter school may negotiate and contract with a | 16 |
| school district, the
governing body of a State college or | 17 |
| university or public community college, or
any other public or | 18 |
| for-profit or nonprofit private entity for: (i) the use
of a | 19 |
| school building and grounds or any other real property or | 20 |
| facilities that
the charter school desires to use or convert | 21 |
| for use as a charter school site,
(ii) the operation and | 22 |
| maintenance thereof, and
(iii) the provision of any service, | 23 |
| activity, or undertaking that the charter
school is required to | 24 |
| perform in order to carry out the terms of its charter.
| 25 |
| However, a charter school
that is established on
or
after the | 26 |
| effective date of this amendatory Act of the 93rd General
|
|
|
|
09500SB0001sam002 |
- 12 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| Assembly and that operates
in a city having a population | 2 |
| exceeding
500,000 may not contract with a for-profit entity to
| 3 |
| manage or operate the school during the period that commences | 4 |
| on the
effective date of this amendatory Act of the 93rd | 5 |
| General Assembly and
concludes at the end of the 2004-2005 | 6 |
| school year.
Except as provided in subsection (i) of this | 7 |
| Section, a school district may
charge a charter school | 8 |
| reasonable rent for the use of the district's
buildings, | 9 |
| grounds, and facilities. Any services for which a charter | 10 |
| school
contracts
with a school district shall be provided by | 11 |
| the district at cost. Any services
for which a charter school | 12 |
| contracts with a local school board or with the
governing body | 13 |
| of a State college or university or public community college
| 14 |
| shall be provided by the public entity at cost.
| 15 |
| (i) In no event shall a charter school that is established | 16 |
| by converting an
existing school or attendance center to | 17 |
| charter school status be required to
pay rent for space
that is | 18 |
| deemed available, as negotiated and provided in the charter | 19 |
| agreement,
in school district
facilities. However, all other | 20 |
| costs for the operation and maintenance of
school district | 21 |
| facilities that are used by the charter school shall be subject
| 22 |
| to negotiation between
the charter school and the local school | 23 |
| board and shall be set forth in the
charter.
| 24 |
| (j) A charter school may limit student enrollment by age or | 25 |
| grade level.
| 26 |
| (Source: P.A. 93-3, eff. 4-16-03; 93-909, eff. 8-12-04; 94-219, |
|
|
|
09500SB0001sam002 |
- 13 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| eff. 7-14-05.)"; and
| 2 |
| on page 256, line 4, after " grants, " by inserting " directly "; | 3 |
| and | 4 |
| on page 256, by replacing line 5 with the following: | 5 |
| " childhood providers, including programs serving children from | 6 |
| birth through age 3. Grantees may include school districts and | 7 |
| other educational entities, units of local government, | 8 |
| non-profit "; and | 9 |
| on page 256, line 8, by replacing " money " with " moneys "; and | 10 |
| on page 256, line 8, by replacing " that " with " this "; and | 11 |
| on page 256, by replacing lines 9 through 12 with the | 12 |
| following: | 13 |
| " Infrastructure Fund. Grants shall be subject to the ability to | 14 |
| secure a local match as determined through Board rule. "; and | 15 |
| on page 256, line 13, after " Board ", by inserting " , in | 16 |
| consultation with the State Board of Education, "; and | 17 |
| on page 256, line 19, by replacing " moneys " with " money "; and | 18 |
| on page 256, line 22, by replacing " Early " with the following: |
|
|
|
09500SB0001sam002 |
- 14 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| " (c) The Capital Development Board, in consultation with the | 2 |
| State Board of Education, shall utilize census tract and other | 3 |
| reliable demographic data and local early childhood program | 4 |
| data to identify the communities with the greatest underserved | 5 |
| population of young children and shall prioritize projects | 6 |
| located in such underserved communities. Subject to this | 7 |
| requirement, early "; and | 8 |
| on page 257, lines 4 and 5, by deleting " , or projects that | 9 |
| implement a birth to age 3 program "; and | 10 |
| on page 257, line 6, by replacing " (c) " with " (d) "; and | 11 |
| on page 269, by replacing lines 3 through 7 with the following: | 12 |
| " "Average Daily Attendance" means the count of pupil | 13 |
| attendance in school, averaged as provided for in Section | 14 |
| 18-8.05 of this Code. Notwithstanding anything to the contrary | 15 |
| in this Section or in Section 18-8.05(C)(2) of this Code, | 16 |
| however, for the purposes of this Section and Section 37-10, | 17 |
| the Average Daily Attendance figures may be only the requisite | 18 |
| attendance data for the school year immediately preceding the | 19 |
| school year for which general State aid is being calculated and | 20 |
| not the average of the attendance data for the 3 preceding | 21 |
| school years. "; and | 22 |
| on page 270, by replacing lines 4 through 9 with the following: |
|
|
|
09500SB0001sam002 |
- 15 - |
LRB095 04777 NHT 36021 a |
|
| 1 |
| " "Relevant Total Amount Available" means the product of (A) | 2 |
| the total Operating Tax Levy, as calculated by the Agency, for | 3 |
| a District Type divided by the total Operating Tax Levy, as | 4 |
| calculated by the Agency, for all ".
|
|