Full Text of HB4428 96th General Assembly
HB4428 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4428
Introduced 3/24/2009, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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105 ILCS 230/5-25 |
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105 ILCS 230/5-30 |
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105 ILCS 230/5-57 |
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Amends the School Construction Law. Prohibits the State Board of Education and the Capital Development Board from establishing standards that disapprove or otherwise establish limitations that restrict the eligibility a school district located in a county that imposes a tax for school facility purposes pursuant to provisions of the Counties Code concerning school facility occupation taxes. With respect to this amendatory change, provides for an exception to the prohibition on the State Board of Education making any material changes to the priority standards in effect on May 18, 2004 and the prohibition on the Capital Development Board making any material changes in the administration of its powers from how it administered those powers on May 18, 2004.
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A BILL FOR
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HB4428 |
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LRB096 12126 NHT 24288 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Construction Law is amended by | 5 |
| changing Sections 5-25, 5-30, and 5-57 as follows:
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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 | 9 |
| eligibility standards for
school construction project grants | 10 |
| and debt service grants. These standards
shall include minimum | 11 |
| enrollment requirements for eligibility for school
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| construction project grants of 200 students for elementary | 13 |
| districts, 200
students for high school districts, and 400 | 14 |
| students for unit districts. The
State Board of Education shall | 15 |
| approve a district's eligibility for a school
construction | 16 |
| project grant or a debt service grant pursuant to the | 17 |
| established
standards.
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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 |
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HB4428 |
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LRB096 12126 NHT 24288 b |
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| eligible
for State financial assistance.
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| (c) The State Board of Education and the Capital | 3 |
| Development Board shall
not establish standards that | 4 |
| disapprove or otherwise establish limitations
that restrict | 5 |
| the eligibility of (i) a school district with a population | 6 |
| exceeding
500,000 for a school construction project grant based | 7 |
| on the fact that any or
all of the school construction project | 8 |
| grant will be used to pay debt service
or to make lease | 9 |
| 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 | 11 |
| in a county that imposes a tax for school facility purposes | 12 |
| pursuant to Section 5-1006.7 of the Counties Code .
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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 230/5-30)
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| Sec. 5-30. Priority of school construction projects. The | 16 |
| State Board of
Education shall develop standards for the | 17 |
| determination of priority needs
concerning school construction | 18 |
| projects based upon approved district facilities
plans. Such | 19 |
| standards shall call for prioritization based on
the degree of | 20 |
| need and project type in the following order:
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| (1) Replacement or reconstruction of school buildings | 22 |
| destroyed or damaged
by flood, tornado, fire, earthquake, | 23 |
| or other disasters, either man-made or
produced by nature;
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| (2) Projects designed to alleviate a shortage of | 25 |
| classrooms due to
population growth or to replace aging |
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HB4428 |
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LRB096 12126 NHT 24288 b |
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| school buildings;
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| (3) Projects resulting from interdistrict | 3 |
| reorganization
of school districts contingent on local | 4 |
| referenda;
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| (4) Replacement or reconstruction of school
facilities | 6 |
| determined to be severe and continuing health or life | 7 |
| safety
hazards;
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| (5) Alterations necessary to provide accessibility for | 9 |
| qualified individuals
with disabilities; and
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| (6) Other unique solutions to facility needs.
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| Except for those changes absolutely necessary to comply with | 12 |
| the changes made to subsection (c) of Section 5-25 of this Law | 13 |
| by this amendatory Act of the 96th General Assembly, the The | 14 |
| State Board of Education may not make any material changes to | 15 |
| the standards in effect on May 18, 2004, unless the State Board | 16 |
| of Education is specifically authorized by law.
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| (Source: P.A. 93-679, eff. 6-30-04.)
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| (105 ILCS 230/5-57) | 19 |
| Sec. 5-57. Administration of powers; no changes. | 20 |
| Notwithstanding any other law to the contrary and except for | 21 |
| those changes absolutely necessary to comply with the changes | 22 |
| made to subsection (c) of Section 5-25 of this Law by this | 23 |
| amendatory Act of the 96th General Assembly , the Capital | 24 |
| Development Board may not make any material changes in the | 25 |
| administration of its powers granted under this Law from how it |
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| administered those powers on May 18, 2004, unless specifically | 2 |
| authorized by law.
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| (Source: P.A. 93-679, eff. 6-30-04.)
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