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Public Act 102-0723


 

Public Act 0723 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0723
 
HB3637 EnrolledLRB102 16919 CMG 22331 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The State Finance Act is amended by changing
Section 6z-45 as follows:
 
    (30 ILCS 105/6z-45)
    Sec. 6z-45. The School Infrastructure Fund.
    (a) The School Infrastructure Fund is created as a special
fund in the State Treasury.
    In addition to any other deposits authorized by law,
beginning January 1, 2000, on the first day of each month, or
as soon thereafter as may be practical, the State Treasurer
and State Comptroller shall transfer the sum of $5,000,000
from the General Revenue Fund to the School Infrastructure
Fund, except that, notwithstanding any other provision of law,
and in addition to any other transfers that may be provided for
by law, before June 30, 2012, the Comptroller and the
Treasurer shall transfer $45,000,000 from the General Revenue
Fund into the School Infrastructure Fund, and, for fiscal year
2013 only, the Treasurer and the Comptroller shall transfer
$1,250,000 from the General Revenue Fund to the School
Infrastructure Fund on the first day of each month; provided,
however, that no such transfers shall be made from July 1, 2001
through June 30, 2003.
    (a-5) Money in the School Infrastructure Fund may be used
to pay the expenses of the State Board of Education, the
Governor's Office of Management and Budget, and the Capital
Development Board in administering programs under the School
Construction Law, the total expenses not to exceed $1,315,000
in any fiscal year.
    (b) Subject to the transfer provisions set forth below,
money in the School Infrastructure Fund shall, if and when the
State of Illinois incurs any bonded indebtedness for the
construction of school improvements under subsection (e) of
Section 5 of the General Obligation Bond Act, be set aside and
used for the purpose of paying and discharging annually the
principal and interest on that bonded indebtedness then due
and payable, and for no other purpose.
    In addition to other transfers to the General Obligation
Bond Retirement and Interest Fund made pursuant to Section 15
of the General Obligation Bond Act, upon each delivery of
bonds issued for construction of school improvements under the
School Construction Law, the State Comptroller shall compute
and certify to the State Treasurer the total amount of
principal of, interest on, and premium, if any, on such bonds
during the then current and each succeeding fiscal year. With
respect to the interest payable on variable rate bonds, such
certifications shall be calculated at the maximum rate of
interest that may be payable during the fiscal year, after
taking into account any credits permitted in the related
indenture or other instrument against the amount of such
interest required to be appropriated for that period.
    On or before the last day of each month, the State
Treasurer and State Comptroller shall transfer from the School
Infrastructure Fund to the General Obligation Bond Retirement
and Interest Fund an amount sufficient to pay the aggregate of
the principal of, interest on, and premium, if any, on the
bonds payable on their next payment date, divided by the
number of monthly transfers occurring between the last
previous payment date (or the delivery date if no payment date
has yet occurred) and the next succeeding payment date.
Interest payable on variable rate bonds shall be calculated at
the maximum rate of interest that may be payable for the
relevant period, after taking into account any credits
permitted in the related indenture or other instrument against
the amount of such interest required to be appropriated for
that period. Interest for which moneys have already been
deposited into the capitalized interest account within the
General Obligation Bond Retirement and Interest Fund shall not
be included in the calculation of the amounts to be
transferred under this subsection.
    (b-5) The money deposited into the School Infrastructure
Fund from transfers pursuant to subsections (c-30) and (c-35)
of Section 13 of the Illinois Gambling Act shall be applied,
without further direction, as provided in subsection (b-3) of
Section 5-35 of the School Construction Law.
    (b-7) In fiscal year 2021 only, of the surplus, if any, in
the School Infrastructure Fund after payments made pursuant to
subsections (a-5), (b), and (b-5) of this Section, $20,000,000
shall be transferred to the General Revenue Fund.
    (c) The surplus, if any, in the School Infrastructure Fund
after payments made pursuant to subsections (a-5), (b), (b-5),
and (b-7) of this Section shall, subject to appropriation, be
used as follows:
    First - to make 3 payments to the School Technology
Revolving Loan Fund as follows:
        Transfer of $30,000,000 in fiscal year 1999;
        Transfer of $20,000,000 in fiscal year 2000; and
        Transfer of $10,000,000 in fiscal year 2001.
    Second - to pay any amounts due for grants for school
construction projects and debt service under the School
Construction Law.
    Third - to pay any amounts due for grants for school
maintenance projects under the School Construction Law.
(Source: P.A. 100-23, eff. 7-6-17; 101-31, eff. 6-28-19;
101-636, eff. 6-10-20.)
 
    Section 10. The Local Government Debt Reform Act is
amended by changing Section 16.5 as follows:
 
    (30 ILCS 350/16.5)
    Sec. 16.5. Proposition for bonds. For all elections held
after July 1, 2000, the form of a proposition to authorize the
issuance of bonds pursuant to either a referendum or backdoor
referendum may be as set forth in this Section as an
alternative to the form of proposition as otherwise set forth
by applicable law. The proposition authorized by this Section
shall be in substantially the following form:
        Shall (name of governmental unit) (state purpose for
    the bond issue) and issue its bonds to the amount of $
    (state amount) for the purpose of paying the costs
    thereof?
    If a school district receives a conditional grant award
from the Capital Development Board expects to receive a school
construction grant from the State of Illinois pursuant to
Section 5-15 of the School Construction Law for the a school
construction project to be financed in part with proceeds of
the bonds a bond authorized by referendum, then the form of
proposition may at the option of the school district
additionally contain substantially the following language:
        (Name of school district) expects to receive a school
    construction grant from the State of Illinois in the
    amount of $ (state amount) pursuant to the School
    Construction Law to cover a portion of the total project
    costs for the school construction project to be financed
    in part with the proceeds of the bonds, based on the
    conditional grant award received from the Capital
    Development Board pursuant to the School Construction Law
    (i) a grant entitlement from the State Board of Education
    and (ii) current recognized project costs determined by
    the Capital Development Board.
(Source: P.A. 91-868, eff. 6-22-00; 92-879, eff. 1-13-03.)
 
    Section 15. The School Construction Law is amended by
changing Sections 5-5, 5-10, 5-15, 5-20, 5-25, 5-30, 5-35, and
5-50 as follows:
 
    (105 ILCS 230/5-5)
    Sec. 5-5. Definitions. As used in this Article:
    "Conditional grant award" means the formal notification by
the Capital Development Board to a school district of its
conditional intent to award a grant to a school district to pay
a portion of the recognized project cost for a school
construction project. The grant award is conditioned upon
receiving proof from the school district that it has funds
available to cover the cost of the required local match.
    "Grant award amount" means an amount equal to the
recognized project cost determined by the Capital Development
Board for a school construction project multiplied by the
grant award percentage and then adjusted as may be required
pursuant to subsection (d) of Section 5-15.
    "Grant award percentage" means a percentage equal to one
minus the required local match percentage.
    "Approved school construction bonds" mean bonds that were
approved by referendum after January 1, 1996 but prior to
January 1, 1998 as provided in Sections 19-2 through 19-7 of
the School Code to provide funds for the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable-equipment, and land for educational purposes.
    "Grant index" means a figure for each school district
equal to one minus the ratio of the district's equalized
assessed valuation per pupil in average daily attendance to
the equalized assessed valuation per pupil in average daily
attendance of the district located at the 90th percentile for
all districts of the same category. This definition applies
only to completed or partially completed, as determined by the
Capital Development Board, school construction projects for
which a grant application was filed for the 2004, 2005, or 2006
application cycle by a school district included on the State
Board of Education's 2004, 2005, or 2006 School Construction
Project Application Cycle listing and only for the purpose of
determining the amount of any adjustment pursuant to
subsection (d) of Section 5-15 to a grant award amount for a
project funded during the first application cycle opened after
June 30, 2022. For the purpose of calculating the grant index,
school districts are grouped into 2 categories, Category I and
Category II. Category I consists of elementary and unit school
districts. The equalized assessed valuation per pupil in
average daily attendance of each school district in Category I
shall be computed using its grades kindergarten through 8
average daily attendance figure. A unit school district's
Category I grant index shall be used for projects or portions
of projects constructed for elementary school pupils. Category
II consists of high school and unit school districts. The
equalized assessed valuation per pupil in average daily
attendance of each school district in Category II shall be
computed using its grades 9 through 12 average daily
attendance figure. A unit school district's Category II grant
index shall be used for projects or portions of projects
constructed for high school pupils. The changes made by this
amendatory Act of the 92nd General Assembly apply to all
grants made on or after the effective date of this amendatory
Act, provided that for grants not yet made on the effective
date of this amendatory Act but made in fiscal year 2001 and
for grants made in fiscal year 2002, the grant index for a
school district shall be the greater of (i) the grant index as
calculated under this Law on or after the effective date of
this amendatory Act or (ii) the grant index as calculated
under this Law before the effective date of this amendatory
Act. The grant index shall be no less than 0.35 and no greater
than 0.75 for each district; provided that the grant index for
districts whose equalized assessed valuation per pupil in
average daily attendance is at the 99th percentile and above
for all districts of the same type shall be 0.00.
    The grant index shall be calculated for each of those
school districts forming a reorganized school district or
cooperative high school if one or more of the following happen
within the current or prior 2 fiscal years:
        (1) a new school district is created in accordance
    with Article 11E of the School Code;
        (2) an existing school district annexes all of the
    territory of one or more entire other school districts in
    accordance with Article 7 of the School Code; or
        (3) a cooperative high school is formed in accordance
    with Section 10-22.22c of the School Code.
The average grant index of those school districts shall be
used as the grant index for the newly reorganized district or
cooperative high school.
    "Recognized project cost" means the total project cost for
a school construction project determined by the Capital
Development Board to be taken into account in calculating the
grant award amount and the required local match for a school
construction project.
    "Required local match" means an amount equal to the
product of the recognized project cost determined by the
Capital Development Board multiplied by a school district's
required local match percentage, and then adjusted as may be
required pursuant to Section 5-15.
    "Required local match percentage" means a percentage equal
to a school district's Local Capacity Percentage, as defined
in Section 18-8.15 of the School Code, and as calculated by the
State Superintendent of Education in the fiscal year in which
the school district applies for a grant to be awarded pursuant
to this Article, provided that the required local match
percentage shall be no less than 10% and no greater than 90%
for any district. With respect to a Type 40 area vocational
center cooperative, a special education cooperative, or a
cooperative high school, the required local match percentage
is calculated by first multiplying each cooperative member
district's average student enrollment utilized to calculate
its latest Evidence-Based Funding, as defined in Section
18-8.15 of the School Code, by the respective district's
latest Local Capacity Percentage, as defined in Section
18-8.15 of the School Code, to obtain a weighted average
student enrollment. Then, the required local match percentage
is calculated by taking the sum of all the member districts'
weighted average student enrollment and dividing that sum by
the sum of all the member districts' average student
enrollment utilized to calculate the latest Evidence-Based
Funding.
    "School construction project" means the acquisition,
development, construction, reconstruction, rehabilitation,
improvement, architectural planning, and installation of
capital facilities consisting of buildings, structures,
durable equipment, and land for educational purposes.
    "School district" means a school district or a Type 40
area vocational center or special education cooperative that
is jointly owned, if the joint agreement includes language
that specifies how the debt obligation is to be paid,
including in the event that an entity withdraws from the joint
agreement.
    "School district" includes a cooperative high school, if
the cooperative agreement includes language that specifies how
the debt obligation is to be paid, including if an entity
withdraws from the cooperative agreement or the cooperative
agreement is terminated which shall be considered a high
school district for the purpose of calculating its grant
index.
    "School maintenance project" means a project, other than a
school construction project, intended to provide for the
maintenance or upkeep of buildings or structures for
educational purposes, but does not include ongoing operational
costs.
(Source: P.A. 96-731, eff. 8-25-09; 96-1381, eff. 1-1-11.)
 
    (105 ILCS 230/5-10)
    Sec. 5-10. Grant awards. The Capital Development Board is
authorized to make grants to school districts for school
construction projects with funds appropriated by the General
Assembly from the School Infrastructure Fund and the School
Construction Fund pursuant to the provisions of this Article.
The State Board of Education is authorized to make grants to
school districts for debt service with funds appropriated by
the General Assembly from the School Infrastructure Fund
pursuant to the provisions of this Article.
(Source: P.A. 90-548, eff. 1-1-98.)
 
    (105 ILCS 230/5-15)
    Sec. 5-15. Grant award amounts and required local match
entitlements.
    (a) After June 30, 2022, any time there is an
appropriation of funds by the General Assembly from the School
Infrastructure Fund or School Construction Fund and a release
of the appropriated funds to the Capital Development Board for
expenditure on grant awards pursuant to the provisions of this
Article, the The State Board of Education is authorized to
open an application cycle to receive grant applications from
school districts issue grant entitlements for school
construction projects. No grant application filed before the
start of the first application cycle after June 30, 2022 may be
considered. After the close of each application cycle, the
State Board of Education and debt service and shall determine
the approval of applications, the required local match
percentage for each approved application, and the priority
order for school construction project grants to be made by the
Capital Development Board and shall then notify all applicants
regarding their eligibility for a grant. Such notification
shall include an estimate of the required local match. The
State Board of Education shall publish a list of applicants
eligible for grants and forward it to the Capital Development
Board. When issuing a grant entitlement for a school
construction project, the Capital Development Board, as a part
of that entitlement, shall certify to the district receiving
the entitlement the dollar amount of the school construction
project's cost that the district will be required to finance
with non-grant funds in order to qualify to receive a school
construction project grant under this Article from the Capital
Development Board.
    (b) The Capital Development Board, to the extent that
appropriated funds have been released and proceeding through
the list of eligible applicants in the order of priority
determined by the State Board of Education, shall issue
conditional grant awards to eligible school districts. An
applicant that does not receive a conditional grant award
notification must submit a new application during another
application cycle in order to receive future consideration for
a grant award.
    (c) The conditional grant award certifies to a school
district the recognized project costs for its school
construction project determined by the Capital Development
Board, the applicable required local match percentage and
grant award percentage, the required local match and grant
award amount calculated by multiplying the required local
match percentage and the grant award percentage by the
recognized project cost, and the required local match and
grant award amount as those amounts may be adjusted as
required in subsection (d).
    (d) The required local match and grant award amount are
calculated by multiplying the required local match percentage
and the grant award percentage by the recognized project cost,
provided that, only during the first application cycle after
June 30, 2022, these amounts may be adjusted if the applicant
had previously expended funds on a school construction project
on the 2004, 2005, or 2006 School Construction Grant List. In
that case, the required local match shall be reduced (but not
below zero) and the grant award amount shall be increased (to
an amount no greater than the recognized project cost) by an
amount determined by the Capital Development Board to be equal
to the amount of the grant the applicant would have received
pursuant to Section 5-35 had it been awarded a grant in 2004,
2005, or 2006 based on the 2004, 2005, or 2006 School
Construction Grant List and the year in which the school
district applied for the grant.
    (e) A school district shall have 2 years from the date the
school district was issued a conditional grant award from the
Capital Development Board to obtain the school district's
required local match and receive a final grant award from the
Capital Development Board. If the required local match is not
obtained within the 2-year time frame, the school district
shall be required to reapply in another application cycle,
after the 2-year time frame, to be considered for a grant
award. The State share of the grant amount in a conditional
grant award that is not claimed by a school district within the
2-year time frame shall be reallocated to future application
cycles after the 2-year time frame expires.
(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 
    (105 ILCS 230/5-20)
    Sec. 5-20. Grant application; district facilities plan.
School districts shall apply to the State Board of Education
for school construction project grants and debt service
grants. Districts filing grant applications shall submit to
the State Board a district facilities plan that shall include,
but not be limited to, an assessment of present and future
district facility needs as required by present and anticipated
educational programming, the availability of local financial
resources including current revenues, fund balances, and
unused bonding capacity, a fiscal plan for meeting present and
anticipated debt service obligations, and a maintenance plan
and schedule that contain necessary assurances that new,
renovated, and existing facilities are being or will be
properly maintained. If a district that applies for a school
construction project grant has no unused bonding capacity or
if its unused bonding capacity may be less than the portion of
the cost of the proposed school construction project that the
district would be required to finance with non-grant funds,
the amount certified by the Capital Development Board under
Section 5-15 application and facilities plan submitted by the
district shall set forth the estimated amount of the project's
cost that the district proposes to finance by the issuance of
bonds under subsection (n) of Section 19-1 of the School Code.
The State Board of Education shall review and approve district
facilities plans prior to prioritizing the applications
issuing grant entitlements. Each district that receives a
grant entitlement shall annually update its district
facilities plan and submit the revised plan to the State Board
for approval.
(Source: P.A. 90-548, eff. 1-1-98; 91-55, eff. 6-30-99.)
 
    (105 ILCS 230/5-25)
    Sec. 5-25. Eligibility and project standards.
    (a) The State Board of Education shall establish
eligibility standards for school construction project grants
and debt service grants. These standards shall include minimum
enrollment requirements for eligibility for school
construction project grants of 200 students for elementary
districts, 200 students for high school districts, and 400
students for unit districts. The total enrollment of member
districts forming a cooperative high school in accordance with
subsection (c) of Section 10-22.22 of the School Code shall
meet the minimum enrollment requirements specified in this
subsection (a). The State Board of Education shall approve a
district's eligibility for a school construction project grant
or a debt service grant pursuant to the established standards.
    For purposes only of determining a Type 40 area vocational
center's eligibility for an entity included in a school
construction project grant or a school maintenance project
grant, an area vocational center shall be deemed eligible if
one or more of its member school districts satisfy the grant
index criteria set forth in this Law. A Type 40 area vocational
center that makes application for school construction funds
after August 25, 2009 (the effective date of Public Act
96-731) shall be placed on the respective application cycle
list. Type 40 area vocational centers must be placed last on
the priority listing of eligible entities for the applicable
fiscal year.
    (b) The Capital Development Board shall establish project
standards for all school construction project grants provided
pursuant to this Article. These standards shall include space
and capacity standards as well as the determination of
recognized project costs that shall be eligible for State
financial assistance and enrichment costs that shall not be
eligible for State financial assistance.
    (c) The State Board of Education and the Capital
Development Board shall not establish standards that
disapprove or otherwise establish limitations that restrict
the eligibility of (i) a school district with a population
exceeding 500,000 for a school construction project grant
based on the fact that any or all of the school construction
project grant will be used to pay debt service or to make lease
payments, as authorized by subsection (b) of Section 5-35 of
this Law, (ii) a school district located in whole or in part in
a county that imposes a tax for school facility or resources
purposes pursuant to Section 5-1006.7 of the Counties Code, or
(iii) a school district that (1) was organized prior to 1860
and (2) is located in part in a city originally incorporated
prior to 1840, based on the fact that all or a part of the
school construction project is owned by a public building
commission and leased to the school district or the fact that
any or all of the school construction project grant will be
used to pay debt service or to make lease payments.
    (d) (Blank). A reorganized school district or cooperative
high school may use a school construction application that was
submitted by a school district that formed the reorganized
school district or cooperative high school if that application
has not been entitled for a project by the State Board of
Education and any one or more of the following happen within
the current or prior 4 fiscal years:
        (1) a new school district is created in accordance
    with Article 11E of the School Code;
        (2) an existing school district annexes all of the
    territory of one or more other school districts in
    accordance with Article 7 of the School Code; or
        (3) a cooperative high school is formed in accordance
    with subsection (c) of Section 10-22.22 of the School
    Code.
A new elementary district formed from a school district
conversion, as defined in Section 11E-15 of the School Code,
may use only the application of the dissolved district whose
territory is now included in the new elementary district and
must obtain the written approval of the local school board of
any other school district that includes territory from that
dissolved district. A new high school district formed from a
school district conversion, as defined in Section 11E-15 of
the School Code, may use only the application of any dissolved
district whose territory is now included in the new high
school district, but only after obtaining the written approval
of the local school board of any other school district that
includes territory from that dissolved district. A cooperative
high school using this Section must obtain the written
approval of the local school board of the member school
district whose application it is using. All other eligibility
and project standards apply to this Section.
(Source: P.A. 101-455, eff. 8-23-19.)
 
    (105 ILCS 230/5-30)
    Sec. 5-30. Priority of school construction projects. The
State Board of Education shall develop standards for the
determination of priority needs concerning school construction
projects based upon approved district facilities plans. Such
standards shall call for prioritization based on the degree of
need and project type in the following order:
        (1) Replacement or reconstruction of school buildings
    destroyed or damaged by flood, tornado, fire, earthquake,
    mine subsidence, or other disasters, either man-made or
    produced by nature;
        (2) Projects designed to alleviate a shortage of
    classrooms due to population growth or to replace or
    rehabilitate aging school buildings;
        (3) Projects resulting from interdistrict
    reorganization of school districts contingent on local
    referenda;
        (4) Replacement, rehabilitation, or reconstruction of
    school facilities determined to be severe and continuing
    health or life safety hazards;
        (5) Alterations necessary to provide accessibility for
    qualified individuals with disabilities; and
        (6) Other unique solutions to facility needs.
Except for those changes absolutely necessary to comply with
the changes made to subsection (c) of Section 5-25 of this Law
by Public Act 96-37, the State Board of Education may not make
any material changes to the standards in effect on May 18,
2004, unless the State Board of Education is specifically
authorized by law.
(Source: P.A. 96-37, eff. 7-13-09; 96-102, eff. 7-29-09;
96-1000, eff. 7-2-10; 97-880, eff. 8-2-12.)
 
    (105 ILCS 230/5-35)
    Sec. 5-35. School construction project grant award
amounts; permitted use; prohibited use.
    (a) The grant award percentage is equal to one minus the
required local match percentage. The grant award amount is
equal to the grant award percentage multiplied by The product
of the district's grant index and the recognized project cost,
as determined by the Capital Development Board, for an
approved school construction project, which amount may be
adjusted as required in Section 5-15. The grant award amount
shall equal the amount of the grant the Capital Development
Board shall provide to the eligible district. The grant index
shall not be used in cases where the General Assembly and the
Governor approve appropriations designated for specifically
identified school district construction projects.
    The average of the grant indexes of the member districts
in a joint agreement shall be used to calculate the amount of a
school construction project grant awarded to an eligible Type
40 area vocational center.
    (b) In each fiscal year in which school construction
project grants are awarded, 20% of the total amount awarded
statewide shall be awarded to a school district with a
population exceeding 500,000, provided such district complies
with the provisions of this Article.
    In addition to the uses otherwise authorized by this Law,
any school district with a population exceeding 500,000 is
authorized to use any or all of the school construction
project grants (i) to pay debt service, as defined in the Local
Government Debt Reform Act, on bonds, as defined in the Local
Government Debt Reform Act, issued to finance one or more
school construction projects and (ii) to the extent that any
such bond is a lease or other installment or financing
contract between the school district and a public building
commission that has issued bonds to finance one or more
qualifying school construction projects, to make lease
payments under the lease.
    (b-3) The Capital Development Board shall make payment in
an amount equal to 20% of each amount deposited into the School
Infrastructure Fund pursuant to subsection (b-5) of Section
6z-45 of the State Finance Act to the Board of Education of the
City of Chicago within 10 days after such deposit. The Board of
Education of the City of Chicago shall use such moneys
received (i) for application to the costs of a school
construction project, (ii) to pay debt service on bonds, as
those terms are defined in the Local Government Debt Reform
Act, that are issued to finance one or more school
construction projects, and (iii) to the extent that any such
bond is a lease or other installment or financing contract
between the school district and a public building commission
that has issued bonds to finance one or more qualifying school
construction projects, to make lease payments under the lease.
The Board of Education of the City of Chicago shall submit
quarterly to the Capital Development Board documentation
sufficient to establish that this money is being used as
authorized by this Section. The Capital Development Board may
withhold payments if the documentation is not provided. The
remaining 80% of each such deposit shall be applied in
accordance with the provisions of subsection (a) of this
Section; however, no portion of this remaining 80% shall be
awarded to a school district with a population of more than
500,000.
    (b-5) In addition to the uses otherwise authorized by this
Law, any school district that (1) was organized prior to 1860
and (2) is located in part in a city originally incorporated
prior to 1840 is authorized to use any or all of the school
construction project grants (i) to pay debt service on bonds,
as those terms are defined in the Local Government Debt Reform
Act, that are issued to finance one or more school
construction projects and (ii) to the extent that any such
bond is a lease or other installment or financing contract
between the school district and a public building commission
that has issued bonds to finance one or more qualifying school
construction projects, to make lease payments under the lease.
    (c) No portion of a school construction project grant
awarded by the Capital Development Board shall be used by a
school district for any on-going operational costs.
(Source: P.A. 98-18, eff. 6-7-13.)
 
    (105 ILCS 230/5-50)
    Sec. 5-50. Referendum requirements. A school district may
submit a school construction project or the financing of a
school construction project to referendum at any time.
However, the proposition may include a reference to the school
district's expectation of receiving a school construction
grant from the State of Illinois only if the school district
has received a conditional grant award for the project from
the Capital Development Board. After the State Board of
Education has approved all or part of a district's application
and issued a grant entitlement for a school construction
project grant, the district shall submit the project or the
financing of the project to a referendum when such referendum
is required by law, except for a project financed by bonds
issued pursuant to subsection (p-70) of Section 19-1 of the
School Code.
(Source: P.A. 96-1438, eff. 8-20-10; 97-333, eff. 8-12-11.)
 
    (105 ILCS 230/5-37 rep.)
    (105 ILCS 230/5-38 rep.)
    (105 ILCS 230/5-45 rep.)
    (105 ILCS 230/5-57 rep.)
    Section 20. The School Construction Law is amended by
repealing Sections 5-37, 5-38, 5-45, and 5-57.
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 5/6/2022