Full Text of HB0011 94th General Assembly
HB0011 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0011
Introduced 12/3/2004, by Rep. David E. Miller SYNOPSIS AS INTRODUCED: |
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105 ILCS 230/5-5 |
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105 ILCS 230/5-25 |
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105 ILCS 230/5-35 |
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Amends the School Construction Law. Defines "school district" to
include an administrative district, or governing board, of a special
education joint agreement.
Provides that a joint agreement shall be deemed eligible for a school
construction project grant or debt service grant if one or more of its
member districts satisfies the grant index criteria. Provides that the
grant index shall not be used to calculate the amount of the grant the
Capital Development Board provides to an eligible joint agreement.
Provides that the amount of a school construction project grant for an eligible
joint agreement shall be
determined on a case-by-case basis, based on the needs of the joint
agreement in its entirety.
Effective immediately.
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| FISCAL NOTE ACT MAY APPLY | |
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A BILL FOR
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HB0011 |
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LRB094 03521 RAS 33524 b |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The School Construction Law is amended by | 5 |
| changing
Sections 5-5, 5-25, and 5-35 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 | 17 |
| to one minus the
ratio of the district's equalized assessed | 18 |
| valuation per pupil in average daily
attendance to the | 19 |
| equalized assessed valuation per pupil in average daily
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| 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
into | 23 |
| 2 categories, Category I and Category II. Category I consists | 24 |
| of
elementary and unit school districts. The equalized assessed | 25 |
| valuation
per pupil in average daily attendance of each school | 26 |
| district in Category I
shall be computed using its grades | 27 |
| kindergarten through 8 average daily
attendance figure. A unit | 28 |
| school district's Category I grant index shall be
used
for | 29 |
| projects or portions of projects constructed for elementary | 30 |
| school
pupils. Category II consists of high school and unit | 31 |
| school districts. The
equalized assessed valuation per pupil in | 32 |
| average daily attendance of
each school district in Category II |
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HB0011 |
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LRB094 03521 RAS 33524 b |
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| shall be computed using its grades 9
through 12 average daily | 2 |
| attendance figure. A unit school district's Category
II
grant | 3 |
| index shall be used for projects or portions of projects | 4 |
| constructed
for high school pupils.
The changes made by this | 5 |
| amendatory Act of the 92nd General Assembly apply
to all grants | 6 |
| 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 | 8 |
| this amendatory
Act but made in fiscal year 2001 and for grants | 9 |
| made
in fiscal year 2002, the grant index for a school district | 10 |
| shall be the
greater of (i) the grant index as calculated under | 11 |
| this Law on or after the
effective date of this amendatory
Act | 12 |
| or (ii) the grant index as calculated under this Law before the | 13 |
| effective
date of this
amendatory Act.
The grant index shall be | 14 |
| no less than 0.35 and no greater than
0.75 for each district; | 15 |
| provided that the grant index for districts whose
equalized | 16 |
| assessed valuation per pupil in average daily attendance is at | 17 |
| the
99th percentile and above for all districts of the same | 18 |
| type shall be 0.00.
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| "School construction project" means the acquisition, | 20 |
| development,
construction, reconstruction, rehabilitation, | 21 |
| improvement, architectural
planning, and installation of | 22 |
| capital facilities consisting of buildings,
structures, | 23 |
| durable equipment, and land for educational purposes.
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| "School district" means any school district or special | 25 |
| charter
district as defined in Section 1-3 of the School Code | 26 |
| or any
administrative district, or governing board, of a joint | 27 |
| agreement
organized under Section 10-22.31 of the School Code.
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| "School maintenance project" means a project, other than a | 29 |
| school
construction project, intended to provide for the | 30 |
| maintenance or upkeep
of buildings or structures for | 31 |
| educational purposes, but does not include
ongoing operational | 32 |
| costs.
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| (Source: P.A. 91-38, eff. 6-15-99; 92-168, eff. 7-26-01.)
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| (105 ILCS 230/5-25)
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| Sec. 5-25. Eligibility and project standards.
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HB0011 |
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LRB094 03521 RAS 33524 b |
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| (a) The State Board of Education shall establish | 2 |
| eligibility standards for
school construction project grants | 3 |
| and debt service grants. These standards
shall include minimum | 4 |
| enrollment requirements for eligibility for school
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| construction project grants of 200 students for elementary | 6 |
| districts, 200
students for high school districts, and 400 | 7 |
| students for unit districts. The
State Board of Education shall | 8 |
| approve a district's eligibility for a school
construction | 9 |
| project grant or a debt service grant pursuant to the | 10 |
| established
standards.
For purposes of determining a joint | 11 |
| agreement's eligibility for a school
construction project | 12 |
| grant or a debt service grant, a joint agreement shall be
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| deemed eligible if one or more of its member districts | 14 |
| satisfies the grant
index criteria set forth in this Law.
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| (b) The Capital Development Board shall establish
project | 16 |
| standards for all school construction project grants provided | 17 |
| pursuant
to this Article. These standards shall include space | 18 |
| and capacity standards as
well as the determination of | 19 |
| recognized project costs that shall be eligible
for State | 20 |
| financial assistance and enrichment costs that shall not be | 21 |
| eligible
for State financial assistance.
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| (c) The State Board of Education and the Capital | 23 |
| Development Board shall
not establish standards that | 24 |
| disapprove or otherwise establish limitations
that restrict | 25 |
| the eligibility of a school district with a population | 26 |
| exceeding
500,000 for a school construction project grant based | 27 |
| on the fact that any or
all of the school construction project | 28 |
| grant will be used to pay debt service
or to make lease | 29 |
| payments, as authorized by subsection (b) of Section 5-35 of
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| this Law.
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| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
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| (105 ILCS 230/5-35)
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| Sec. 5-35. School construction project grant amounts; | 34 |
| permitted
use; prohibited use.
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| (a) The product of the district's grant index and the
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HB0011 |
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LRB094 03521 RAS 33524 b |
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| recognized project cost, as determined by the Capital | 2 |
| Development Board, for an
approved school construction project | 3 |
| shall equal the amount of the grant the
Capital Development | 4 |
| Board shall provide to the eligible district. The grant
index | 5 |
| shall not be used in cases where the General Assembly and the | 6 |
| Governor
approve appropriations designated for specifically | 7 |
| identified school district
construction projects , nor shall it | 8 |
| be used to calculate the amount of the
grant the Capital | 9 |
| Development Board provides to an eligible joint agreement.
In | 10 |
| those instances where a joint agreement is determined eligible | 11 |
| for a school
construction project grant, the amount of the | 12 |
| grant shall be determined on a
case-by-case basis, based on the | 13 |
| needs of the joint agreement in its
entirety .
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| (b) In each fiscal year in which school construction | 15 |
| project grants are
awarded, 20% of the total amount awarded | 16 |
| statewide shall be awarded to a school
district with a | 17 |
| population exceeding 500,000, provided such district complies
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| with the provisions of this Article.
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| In addition to the uses otherwise authorized by this Law, | 20 |
| any school
district with a population exceeding 500,000 is | 21 |
| authorized to use any or all
of the school construction project | 22 |
| grants (i) to pay debt service, as defined
in the Local | 23 |
| Government Debt Reform Act, on bonds, as defined in the Local
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| Government Debt Reform Act, issued to finance one or more | 25 |
| school construction
projects and (ii) to the extent that any | 26 |
| such bond is a lease or other
installment or financing contract | 27 |
| between the school district and a public
building commission | 28 |
| that has issued bonds to finance one or more qualifying
school | 29 |
| construction projects, to make lease payments under the lease.
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| (c) No portion of a school construction project grant | 31 |
| awarded by the
Capital Development Board shall be used by a | 32 |
| school district for any
on-going operational costs.
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| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
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| Section 99. Effective date. This Act takes effect upon | 35 |
| becoming law.
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