Public Act 90-0464 of the 90th General Assembly
Public Act 90-0464
HB0898 Enrolled LRB9003945THpk
AN ACT relating to education, amending named Acts.
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 adding
Section 5.449 as follows:
(30 ILCS 105/5.449 new)
Sec. 5.449. The Temporary Relocation Expenses Revolving
Grant Fund.
Section 10. The School Code is amended by adding
Sections 2-3.77, 3-14.21, and 17-2.2c as follows:
(105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
Sec. 2-3.77. Temporary relocation expenses.
(a) The State Board of Education may To distribute loan
or grant moneys appropriated for temporary relocation
expenses incurred by school districts as a result of fires,
earthquakes, or tornados, or other natural or man-made
disasters which destroy school buildings, or as a result of
the condemnation of a school building under Section 3-14.22.
The State Board of Education shall by rule prescribe those
expenses which qualify as temporary relocation expenses and
the manner of determining and reporting the same, provided
that such expenses shall be deemed to include amounts
reasonably required to be expended for the lease, rental, and
renovation of educational facilities and for additional
transportation and other expenses directly associated with
the temporary relocation and housing of the normal
operations, activities, and affairs of a school district as a
result of fire, earthquake or tornado which destroys any
school building of the district.
(b) Except as provided in subsection (c), no moneys
appropriated to the State Board of Education for purposes of
distribution in accordance with the provisions of this
Section shall be distributed to any school district unless
the school board of such district, as an express condition of
any such distribution, agrees to levy the tax provided for by
Section 17-2.2c at the maximum rate permitted thereunder and
to pay to the State of Illinois for deposit in the Temporary
Relocation Expenses Revolving Grant Fund General Revenue Fund
(i) all proceeds of such tax attributable to the first year
and succeeding years for which the tax is levied after moneys
appropriated for purposes of this Section have been
distributed to the school district, and (ii) all insurance
proceeds which become payable to the district under those
provisions of any contract or policy of insurance which
provide reimbursement for or other coverage against loss with
respect to any temporary relocation expenses of the school
district; provided, that the aggregate of any tax and
insurance proceeds paid by the school district to the State
pursuant to this Section shall not exceed in amount the
moneys distributed to the school district pursuant to this
Section.
(c) The State Board of Education may, from
appropriations made for this purpose from the Temporary
Relocation Expenses Revolving Grant Fund, make grants that do
not require repayment to school districts that qualify for
temporary relocation assistance under this Section to the
extent that the amount of temporary relocation expenses
incurred by a district exceeds the amount that the district
is able to repay to the State through insurance proceeds and
the tax levy authorized in Section 17-2.2c.
(d) The Temporary Relocation Expenses Revolving Grant
Fund is hereby established as a special fund within the State
treasury. Appropriations and amounts that school districts
repay to the State under subsection (b) of this Section shall
be deposited into that Fund. If the balance in that Fund
exceeds $3,000,000, the excess shall be transferred into the
General Revenue Fund.
(e) The State Board of Education shall promulgate such
rules and regulations, not inconsistent with the provisions
of this Section, as are necessary to provide for the
distribution of loan and grant moneys appropriated and for
the repayment of loan moneys distributed pursuant to this
Section.
(Source: P.A. 84-1308.)
(105 ILCS 5/3-14.21) (from Ch. 122, par. 3-14.21)
Sec. 3-14.21. Inspection of schools.
(a) The regional superintendent shall To inspect and
survey all public schools under his or her supervision and
notify the board of education, or the trustees of schools in
a district with trustees, in writing before July 30, whether
or not the several schools in their district have been kept
as required by law, using forms provided by the State Board
of Education which are based on the Health/Life Safety Code
for Public Schools adopted under Section 2-3.12 documents
known as "Efficient and Adequate Standards for the
Construction of Schools" and "Building Specifications for
Health and Safety in Public Schools" or the code authorized
by this amendatory Act of 1992. The regional superintendent
shall report his or her findings to the State Board of
Education on forms provided by the State Board of Education.
(b) If the regional superintendent determines that a
school board has failed in a timely manner to correct urgent
items identified in a previous life-safety report completed
under Section 2-3.12 or as otherwise previously ordered by
the regional superintendent, the regional superintendent
shall order the school board to adopt and submit to the
regional superintendent a plan for the immediate correction
of the building violations. This plan shall be adopted
following a public hearing that is conducted by the school
board on the violations and the plan and that is preceded by
at least 7 days' prior notice of the hearing published in a
newspaper of general circulation within the school district.
If the regional superintendent determines in the next annual
inspection that the plan has not been completed and that the
violations have not been corrected, the regional
superintendent shall submit a report to the State Board of
Education with a recommendation that the State Board withhold
from payments of general State aid due to the district an
amount necessary to correct the outstanding violations. The
State Board, upon notice to the school board and to the
regional superintendent, shall consider the report at a
meeting of the State Board, and may order that a sufficient
amount of general State aid be withheld from payments due to
the district to correct the violations. This amount shall be
paid to the regional superintendent who shall contract on
behalf of the school board for the correction of the
outstanding violations.
(Source: P.A. 86-507; 86-1257; 87-196; 87-984.)
(105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
Sec. 17-2.2c. Tax for leasing educational facilities,
and for temporary relocation expense purposes. The school
board of any district, except for school boards of districts
in municipalities of 500,000 or more, may, by proper
resolution levy an annual tax, in addition to any other taxes
and not subject to the limitations specified elsewhere in
this Article, not to exceed .05% upon the value of the
taxable property as equalized or assessed by the Department
of Revenue, for the purpose of leasing educational
facilities, and, in order until the school district has
repaid to repay the State all moneys distributed to it for
temporary relocation expenses of the district, may levy an
annual tax not to exceed .05% upon the value of the taxable
property as equalized or assessed by the Department of
Revenue for a period not to exceed 7 years for the purpose of
providing for the repayment of moneys distributed for
temporary relocation expenses of the school district pursuant
to Section 2-3.77.
The tax rate limit specified by this Section with respect
to an annual tax levied for the purpose of leasing
educational facilities may be increased to .10% upon the
approval of a proposition to effect such increase by a
majority of the electors voting on that proposition at a
regular scheduled election. Such proposition may be
initiated by resolution of the school board and shall be
certified by the secretary to the proper election authorities
for submission in accordance with the general election law.
For the purposes of this Section, "educational
facilities" includes any buildings, rooms, grounds, and
appurtenances to be used by the district for the use of
schools or for school administration purposes.
Any school district may abolish or abate its fund for
leasing educational facilities and for temporary relocation
expense purposes upon the adoption of a resolution so
providing and upon a determination by the school board that
the moneys in the fund are no longer needed for leasing
educational facilities or for temporary relocation expense
purposes. The resolution shall direct the transfer of any
balance in the fund to another school district fund or funds
immediately upon the resolution taking effect. Thereafter,
any outstanding taxes of the school district levied pursuant
to this Section shall be collected and paid into the fund or
funds as directed by the school board. Nothing in this
Section shall prevent a school district that has abolished or
abated the fund from again creating a fund for leasing
educational facilities and for temporary relocation expense
purposes in the manner provided in this Section.
(Source: P.A. 89-106, eff. 7-7-95.)
Section 99. Effective date. This Act takes effect upon
becoming law.