State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

90_HB0898enr

      105 ILCS 5/2-3.77a new
          Amends the School Code.  Authorizes the  State  Board  of
      Education to make grants to school districts to pay emergency
      relocation  expenses incurred as a result of the condemnation
      of a school building.  Provides that the grants shall be made
      from  appropriations  made  for  that  purpose  pursuant   to
      eligibility  standards and criteria for expenses that qualify
      as emergency relocation expenses  that  the  State  Board  of
      Education shall by rule prescribe.  Effective immediately.
                                                     LRB9003945THpk
HB0898 Enrolled                                LRB9003945THpk
 1        AN ACT relating to education, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The State Finance Act is  amended  by  adding
 5    Section 5.449 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec.  5.449.  The Temporary Relocation Expenses Revolving
 8    Grant Fund.
 9        Section  10.   The  School  Code  is  amended  by  adding
10    Sections 2-3.77, 3-14.21, and 17-2.2c as follows:
11        (105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
12        Sec. 2-3.77.  Temporary relocation expenses.
13        (a)  The State Board of Education may To distribute  loan
14    or   grant   moneys  appropriated  for  temporary  relocation
15    expenses incurred by school districts as a result  of  fires,
16    earthquakes,  or  tornados,  or  other  natural  or  man-made
17    disasters  which  destroy school buildings, or as a result of
18    the condemnation of a school building under Section  3-14.22.
19    The  State  Board  of Education shall by rule prescribe those
20    expenses which qualify as temporary relocation  expenses  and
21    the  manner  of  determining and reporting the same, provided
22    that  such  expenses  shall  be  deemed  to  include  amounts
23    reasonably required to be expended for the lease, rental, and
24    renovation  of  educational  facilities  and  for  additional
25    transportation and other expenses  directly  associated  with
26    the   temporary   relocation   and   housing  of  the  normal
27    operations, activities, and affairs of a school district as a
28    result of fire, earthquake  or  tornado  which  destroys  any
29    school building of the district.
HB0898 Enrolled            -2-                 LRB9003945THpk
 1        (b)  Except  as  provided  in  subsection  (c), no moneys
 2    appropriated to the State Board of Education for purposes  of
 3    distribution  in  accordance  with  the  provisions  of  this
 4    Section  shall  be  distributed to any school district unless
 5    the school board of such district, as an express condition of
 6    any such distribution, agrees to levy the tax provided for by
 7    Section 17-2.2c at the maximum rate permitted thereunder  and
 8    to  pay to the State of Illinois for deposit in the Temporary
 9    Relocation Expenses Revolving Grant Fund General Revenue Fund
10    (i) all proceeds of such tax attributable to the  first  year
11    and succeeding years for which the tax is levied after moneys
12    appropriated   for   purposes   of  this  Section  have  been
13    distributed to the school district, and  (ii)  all  insurance
14    proceeds  which  become  payable  to the district under those
15    provisions of any  contract  or  policy  of  insurance  which
16    provide reimbursement for or other coverage against loss with
17    respect  to  any  temporary relocation expenses of the school
18    district;  provided,  that  the  aggregate  of  any  tax  and
19    insurance proceeds paid by the school district to  the  State
20    pursuant  to  this  Section  shall  not  exceed in amount the
21    moneys distributed to the school district  pursuant  to  this
22    Section.
23        (c)  The    State    Board   of   Education   may,   from
24    appropriations made  for  this  purpose  from  the  Temporary
25    Relocation Expenses Revolving Grant Fund, make grants that do
26    not  require  repayment  to school districts that qualify for
27    temporary relocation assistance under  this  Section  to  the
28    extent  that  the  amount  of  temporary  relocation expenses
29    incurred by a district exceeds the amount that  the  district
30    is  able to repay to the State through insurance proceeds and
31    the tax levy authorized in Section 17-2.2c.
32        (d)  The Temporary Relocation  Expenses  Revolving  Grant
33    Fund is hereby established as a special fund within the State
34    treasury.   Appropriations  and amounts that school districts
HB0898 Enrolled            -3-                 LRB9003945THpk
 1    repay to the State under subsection (b) of this Section shall
 2    be deposited into that Fund.  If the  balance  in  that  Fund
 3    exceeds  $3,000,000, the excess shall be transferred into the
 4    General Revenue Fund.
 5        (e)  The State Board of Education shall  promulgate  such
 6    rules  and  regulations, not inconsistent with the provisions
 7    of  this  Section,  as  are  necessary  to  provide  for  the
 8    distribution of loan and grant moneys  appropriated  and  for
 9    the  repayment  of  loan  moneys distributed pursuant to this
10    Section.
11    (Source: P.A. 84-1308.)
12        (105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
13        Sec. 3-14.21. Inspection of schools.
14        (a)  The regional superintendent  shall  To  inspect  and
15    survey  all  public  schools under his or her supervision and
16    notify the board of education, or the trustees of schools  in
17    a  district with trustees, in writing before July 30, whether
18    or not the several schools in their district have  been  kept
19    as  required  by law, using forms provided by the State Board
20    of Education which are based on the Health/Life  Safety  Code
21    for  Public  Schools  adopted  under Section 2-3.12 documents
22    known  as  "Efficient  and   Adequate   Standards   for   the
23    Construction  of  Schools"  and  "Building Specifications for
24    Health and Safety in Public Schools" or the  code  authorized
25    by  this amendatory Act of 1992.  The regional superintendent
26    shall report his or  her  findings  to  the  State  Board  of
27    Education on forms provided by the State Board of Education.
28        (b)  If  the  regional  superintendent  determines that a
29    school board has failed in a timely manner to correct  urgent
30    items  identified  in a previous life-safety report completed
31    under Section 2-3.12 or as otherwise  previously  ordered  by
32    the  regional  superintendent,  the  regional  superintendent
33    shall  order  the  school  board  to  adopt and submit to the
HB0898 Enrolled            -4-                 LRB9003945THpk
 1    regional superintendent a plan for the  immediate  correction
 2    of  the  building  violations.   This  plan  shall be adopted
 3    following a public hearing that is conducted  by  the  school
 4    board  on the violations and the plan and that is preceded by
 5    at least 7 days' prior notice of the hearing published  in  a
 6    newspaper  of general circulation within the school district.
 7    If the regional superintendent determines in the next  annual
 8    inspection  that the plan has not been completed and that the
 9    violations   have   not   been   corrected,   the    regional
10    superintendent  shall  submit  a report to the State Board of
11    Education with a recommendation that the State Board withhold
12    from payments of general State aid due  to  the  district  an
13    amount  necessary to correct the outstanding violations.  The
14    State Board, upon notice to  the  school  board  and  to  the
15    regional  superintendent,  shall  consider  the  report  at a
16    meeting of the State Board, and may order that  a  sufficient
17    amount  of general State aid be withheld from payments due to
18    the district to correct the violations.  This amount shall be
19    paid to the regional superintendent  who  shall  contract  on
20    behalf  of  the  school  board  for  the  correction  of  the
21    outstanding violations.
22    (Source: P.A. 86-507; 86-1257; 87-196; 87-984.)
23        (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
24        Sec.  17-2.2c.  Tax  for  leasing educational facilities,
25    and for temporary relocation  expense  purposes.  The  school
26    board  of any district, except for school boards of districts
27    in  municipalities  of  500,000  or  more,  may,  by   proper
28    resolution levy an annual tax, in addition to any other taxes
29    and  not  subject  to  the limitations specified elsewhere in
30    this Article, not to  exceed  .05%  upon  the  value  of  the
31    taxable  property  as equalized or assessed by the Department
32    of  Revenue,  for  the   purpose   of   leasing   educational
33    facilities,  and,  in  order  until  the  school district has
HB0898 Enrolled            -5-                 LRB9003945THpk
 1    repaid to repay the State all moneys distributed  to  it  for
 2    temporary  relocation  expenses  of the district, may levy an
 3    annual tax not to exceed .05% upon the value of  the  taxable
 4    property  as  equalized  or  assessed  by  the  Department of
 5    Revenue for a period not to exceed 7 years for the purpose of
 6    providing  for  the  repayment  of  moneys  distributed   for
 7    temporary relocation expenses of the school district pursuant
 8    to Section 2-3.77.
 9        The tax rate limit specified by this Section with respect
10    to   an   annual  tax  levied  for  the  purpose  of  leasing
11    educational facilities may be  increased  to  .10%  upon  the
12    approval  of  a  proposition  to  effect  such  increase by a
13    majority of the electors voting  on  that  proposition  at  a
14    regular   scheduled   election.    Such  proposition  may  be
15    initiated by resolution of the  school  board  and  shall  be
16    certified by the secretary to the proper election authorities
17    for submission in accordance with the general election law.
18        For   the   purposes   of   this   Section,  "educational
19    facilities"  includes  any  buildings,  rooms,  grounds,  and
20    appurtenances to be used by  the  district  for  the  use  of
21    schools or for school administration purposes.
22        Any  school  district  may  abolish or abate its fund for
23    leasing educational facilities and for  temporary  relocation
24    expense  purposes  upon  the  adoption  of  a  resolution  so
25    providing  and  upon a determination by the school board that
26    the moneys in the fund  are  no  longer  needed  for  leasing
27    educational  facilities  or  for temporary relocation expense
28    purposes.  The resolution shall direct the  transfer  of  any
29    balance  in the fund to another school district fund or funds
30    immediately upon the resolution taking  effect.   Thereafter,
31    any  outstanding taxes of the school district levied pursuant
32    to this Section shall be collected and paid into the fund  or
33    funds  as  directed  by  the  school  board.  Nothing in this
34    Section shall prevent a school district that has abolished or
HB0898 Enrolled            -6-                 LRB9003945THpk
 1    abated the fund  from  again  creating  a  fund  for  leasing
 2    educational  facilities  and for temporary relocation expense
 3    purposes in the manner provided in this Section.
 4    (Source: P.A. 89-106, eff. 7-7-95.)
 5        Section 99.  Effective date.  This Act takes effect  upon
 6    becoming law.

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