Full Text of HB5633 96th General Assembly
HB5633sam001 96TH GENERAL ASSEMBLY
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Sen. Dale A. Righter
Filed: 4/20/2010
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| AMENDMENT TO HOUSE BILL 5633
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| AMENDMENT NO. ______. Amend House Bill 5633 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Construction Law is amended by | 5 |
| changing Sections 5-5 and 5-25 as follows:
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| (105 ILCS 230/5-5)
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| Sec. 5-5. Definitions. As used in this Article:
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| "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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| 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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| "Grant index" means a figure for each school district equal |
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| to one minus the
ratio of the district's equalized assessed | 2 |
| valuation per pupil in average daily
attendance to the | 3 |
| equalized assessed valuation per pupil in average daily
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| attendance of the district located at the 90th percentile for | 5 |
| all districts of
the same category.
For the purpose of | 6 |
| calculating the grant index, school districts are
grouped
into | 7 |
| 2 categories, Category I and Category II. Category I consists | 8 |
| of
elementary and unit school districts. The equalized assessed | 9 |
| valuation
per pupil in average daily attendance of each school | 10 |
| district in Category I
shall be computed using its grades | 11 |
| kindergarten through 8 average daily
attendance figure. A unit | 12 |
| school district's Category I grant index shall be
used
for | 13 |
| projects or portions of projects constructed for elementary | 14 |
| school
pupils. Category II consists of high school and unit | 15 |
| school districts. The
equalized assessed valuation per pupil in | 16 |
| average daily attendance of
each school district in Category II | 17 |
| shall be computed using its grades 9
through 12 average daily | 18 |
| attendance figure. A unit school district's Category
II
grant | 19 |
| index shall be used for projects or portions of projects | 20 |
| constructed
for high school pupils.
The changes made by this | 21 |
| amendatory Act of the 92nd General Assembly apply
to all grants | 22 |
| made on or after the effective date of this amendatory Act,
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| provided that for grants not yet made on the effective date of | 24 |
| this amendatory
Act but made in fiscal year 2001 and for grants | 25 |
| made
in fiscal year 2002, the grant index for a school district | 26 |
| shall be the
greater of (i) the grant index as calculated under |
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| this Law on or after the
effective date of this amendatory
Act | 2 |
| or (ii) the grant index as calculated under this Law before the | 3 |
| effective
date of this
amendatory Act.
The grant index shall be | 4 |
| no less than 0.35 and no greater than
0.75 for each district; | 5 |
| provided that the grant index for districts whose
equalized | 6 |
| assessed valuation per pupil in average daily attendance is at | 7 |
| the
99th percentile and above for all districts of the same | 8 |
| type shall be 0.00.
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| The grant index shall be calculated for each of those | 10 |
| school districts forming a reorganized school district or | 11 |
| cooperative high school if one or more of the following happen | 12 |
| within the current or prior 2 fiscal years: | 13 |
| (1) a new school district is created in accordance with | 14 |
| Article 11E of the School Code; | 15 |
| (2) an existing school district annexes all of the | 16 |
| territory of one or more entire other school districts in | 17 |
| accordance with Article 7 of the School Code; or | 18 |
| (3) a cooperative high school is formed in accordance | 19 |
| with Section 10-22.22c of the School Code. | 20 |
| The average grant index of those school districts shall be used | 21 |
| as the grant index for the newly reorganized district or | 22 |
| cooperative high school. | 23 |
| "School construction project" means the acquisition, | 24 |
| development,
construction, reconstruction, rehabilitation, | 25 |
| improvement, architectural
planning, and installation of | 26 |
| capital facilities consisting of buildings,
structures, |
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| durable equipment, and land for educational purposes.
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| "School district" means a school district or a Type 40 area | 3 |
| vocational center that is jointly owned if the joint agreement | 4 |
| includes language that specifies how the debt obligation is to | 5 |
| be paid, including in the event that an entity withdraws from | 6 |
| the joint agreement. | 7 |
| "School district" includes a cooperative high school, | 8 |
| which shall be considered a high school district for the | 9 |
| purpose of calculating its grant index.
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| "School maintenance project" means a project, other than a | 11 |
| school
construction project, intended to provide for the | 12 |
| maintenance or upkeep
of buildings or structures for | 13 |
| educational purposes, but does not include
ongoing operational | 14 |
| costs.
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| (Source: P.A. 96-731, eff. 8-25-09.)
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| (105 ILCS 230/5-25)
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| Sec. 5-25. Eligibility and project standards.
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| (a) The State Board of Education shall establish | 19 |
| eligibility standards for
school construction project grants | 20 |
| and debt service grants. These standards
shall include minimum | 21 |
| enrollment requirements for eligibility for school
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| construction project grants of 200 students for elementary | 23 |
| districts, 200
students for high school districts, and 400 | 24 |
| students for unit districts. The total enrollment of member | 25 |
| districts forming a cooperative high school in accordance with |
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| subsection (c) of Section 10-22.22 of the School Code shall | 2 |
| meet the minimum enrollment requirements specified in this | 3 |
| subsection (a). The
State Board of Education shall approve a | 4 |
| district's eligibility for a school
construction project grant | 5 |
| or a debt service grant pursuant to the established
standards.
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| For purposes only of determining a Type 40 area vocational | 7 |
| center's eligibility for an entity included in a school | 8 |
| construction project grant or a school maintenance project | 9 |
| grant, an area vocational center shall be deemed eligible if | 10 |
| one or more of its member school districts satisfy the grant | 11 |
| index criteria set forth in this Law. A Type 40 area vocational | 12 |
| center that makes application for school construction funds | 13 |
| after August 25, 2009 ( the effective date of Public Act 96-731) | 14 |
| this amendatory Act of the 96th General Assembly shall be | 15 |
| placed on the respective application cycle list. Type 40 area | 16 |
| vocational centers must be placed last on the priority listing | 17 |
| of eligible entities for the applicable fiscal year.
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| (b) The Capital Development Board shall establish
project | 19 |
| standards for all school construction project grants provided | 20 |
| pursuant
to this Article. These standards shall include space | 21 |
| and capacity standards as
well as the determination of | 22 |
| recognized project costs that shall be eligible
for State | 23 |
| financial assistance and enrichment costs that shall not be | 24 |
| eligible
for State financial assistance.
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| (c) The State Board of Education and the Capital | 26 |
| Development Board shall
not establish standards that |
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| disapprove or otherwise establish limitations
that restrict | 2 |
| the eligibility of (i) a school district with a population | 3 |
| exceeding
500,000 for a school construction project grant based | 4 |
| on the fact that any or
all of the school construction project | 5 |
| grant will be used to pay debt service
or to make lease | 6 |
| payments, as authorized by subsection (b) of Section 5-35 of
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| this Law, or (ii) a school district located in whole or in part | 8 |
| in a county that imposes a tax for school facility purposes | 9 |
| pursuant to Section 5-1006.7 of the Counties Code.
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| (d) A reorganized school district or cooperative high | 11 |
| school may use a school construction application that was | 12 |
| submitted by a school district that formed the reorganized | 13 |
| school district or cooperative high school if that application | 14 |
| has not been entitled for a project by the State Board of | 15 |
| Education and any one or more of the following happen within | 16 |
| the current or prior 2 fiscal years: | 17 |
| (1) a new school district is created in accordance with | 18 |
| Article 11E of the School Code; | 19 |
| (2) an existing school district annexes all of the | 20 |
| territory of one or more other school districts in | 21 |
| accordance with Article 7 of the School Code; or | 22 |
| (3) a cooperative high school is formed in accordance | 23 |
| with subsection (c) of Section 10-22.22 of the School Code.
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| A new elementary district formed from a school district | 25 |
| conversion, as defined in Section 11E-15 of the School Code, | 26 |
| may use only the application of the dissolved district whose |
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| territory is now included in the new elementary district and | 2 |
| must obtain the written approval of the local school board of | 3 |
| any other school district that includes territory from that | 4 |
| dissolved district. A new high school district formed from a | 5 |
| school district conversion, as defined in Section 11E-15 of the | 6 |
| School Code, may use only the application of any dissolved | 7 |
| district whose territory is now included in the new high school | 8 |
| district, but only after obtaining the written approval of the | 9 |
| local school board of any other school district that includes | 10 |
| territory from that dissolved district. A cooperative high | 11 |
| school using this Section must obtain the written approval of | 12 |
| the local school board of the member school district whose | 13 |
| application it is using. All other eligibility and project | 14 |
| standards apply to this Section. | 15 |
| (Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09; | 16 |
| revised 9-15-09.)".
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