Bill Amendment: IL SB0447 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: SCH CD-CHICAGO-AGRICULTURAL

Status: 2017-08-25 - Public Act . . . . . . . . . 100-0399 [SB0447 Detail]

Download: Illinois-2017-SB0447-Senate_Amendment_001.html

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Sen. Bill Cunningham

Filed: 4/3/2017

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AMENDMENT TO SENATE BILL 447
AMENDMENT NO. ______. Amend Senate Bill 447 by replacing
everything after the enacting clause with the following:
"Section 5. The School Code is amended by changing Section
34-21.1 as follows:
(105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
Sec. 34-21.1. Additional powers. In addition to other
powers and authority now possessed by it, the board shall have
power:
(1) To lease from any public building commission
created pursuant to the provisions of the Public Building
Commission Act, approved July 5, 1955, as heretofore or
hereafter amended or from any individuals, partnerships or
corporations, any real or personal property for the purpose
of securing space for its school purposes or office or
other space for its administrative functions for a period

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of time not exceeding 40 years.
(2) To pay for the use of this leased property in
accordance with the terms of the lease and with the
provisions of the Public Building Commission Act, approved
July 5, 1955, as heretofore or hereafter amended.
(3) Such lease may be entered into without making a
previous appropriation for the expense thereby incurred;
provided, however, that if the board undertakes to pay all
or any part of the costs of operating and maintaining the
property of a public building commission as authorized in
subparagraph (4) of this Section, such expenses of
operation and maintenance shall be included in the annual
budget of such board annually during the term of such
undertaking.
(4) In addition, the board may undertake, either in the
lease with a public building commission or by separate
agreement or contract with a public building commission, to
pay all or any part of the costs of maintaining and
operating the property of a public building commission for
any period of time not exceeding 40 years.
(5) To enter into agreements, including lease and lease
purchase agreements having a term not longer than 40 years
from the date on which such agreements are entered into,
with private sector individuals, partnerships, or
corporations for the construction of school buildings,
school administrative offices, site development, and

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school support facilities. The board shall maintain
exclusive possession of all schools, school administrative
offices, and school facilities which it is occupying or
acquiring pursuant to any such lease or lease purchase
agreement, and in addition shall have and exercise complete
control over the education program conducted at such
schools, offices and facilities. The board's contribution
under any such agreement shall be limited to the use of the
real estate and existing improvements on a rental basis
which shall be exempt from any form of leasehold tax or
assessment, but the interests of the board may be
subordinated to the interests of a mortgage holder or
holders acquired as security for additional improvements
made on the property.
(6) To make payments on a lease or lease purchase
agreement entered into pursuant to subparagraph (5) of this
Section with an individual, partnership, or a corporation
for school buildings, school administrative offices, and
school support facilities constructed by such individual,
partnership, or corporation.
(7) To purchase the interests of an individual,
partnership, or corporation pursuant to any lease or lease
purchase agreement entered into by the board pursuant to
subparagraph (5) of this Section, and to assume or retire
any outstanding debt or obligation relating to such lease
or lease purchase agreement for any school building, school

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administrative office, or school support facility.
(8) Subject to the provisions of subparagraph (9) of
this Section, to enter into agreements, including lease and
lease purchase agreements, having a term not longer than 40
years from the date on which such agreements are entered
into for the provision of school buildings and related
property and facilities for an agricultural science
school. The enrollment in such school shall be limited to
720 students, and no less than 50% of the total number of
enrollment positions in each incoming class must be
reserved for students who live within proximity to the
school. "Proximity to the school" means all areas within
the existing city limits of Chicago located south of 87th
Street (8700 South) and west of Wood Street (1800 West). In
addition to the other authorizations in this paragraph (8),
a maximum of 80 additional students may be enrolled in the
agricultural science school's significantly modified
curriculum for diverse learners, commonly known as the
special education cluster program. Under such agreements
the board shall have exclusive possession of all such
school buildings and related property and facilities which
it is occupying or acquiring pursuant to any such
agreements, and in addition shall have and exercise
complete control over the educational program conducted at
such school. Under such agreements the board also may lease
to another party to such agreement real estate and existing

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improvements which are appropriate and available for use as
part of the necessary school buildings and related property
and facilities for an agricultural science school. Any
interest created by such a lease shall be exempt from any
form of leasehold tax or assessment, and the interests of
the board as owner or lessor of property covered by such a
lease may be subordinated to the interests of a mortgage
holder or holders acquired as security for additional
improvements made on the property. In addition, but subject
to the provisions of subparagraph (9) of this Section, the
board is authorized: (i) to pay for the use of school
buildings and related property and facilities for an
agricultural science school as provided for in an agreement
entered into pursuant to this subparagraph (8) and to enter
into any such agreement without making a previous
appropriation for the expense thereby incurred; and (ii) to
enter into agreements to purchase any ownership interests
in any school buildings and related property and facilities
subject to any agreement entered into by the board pursuant
to this subparagraph (8) and to assume or retire any
outstanding debt or obligation relating to such school
buildings and related property and facilities.
(9) Notwithstanding the provisions of subparagraph (8)
of this Section or any other law, the board shall not at
any time on or after the effective date of this amendatory
Act of 1991 enter into any new lease or lease purchase

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agreement, or amend or modify any existing lease, lease
purchase or other agreement entered into pursuant to
subparagraph (8), covering all or any part of the property
or facilities, consisting of 78.85 acres more or less,
heretofore purchased or otherwise acquired by the board for
an agricultural science school; nor shall the board enter
into any agreement on or after the effective date of this
amendatory Act of 1991 to sell, lease, transfer or
otherwise convey all or any part of the property so
purchased or acquired, nor any of the school buildings or
related facilities thereon, but the same shall be held,
used, occupied and maintained by the board solely for the
purpose of conducting and operating an agricultural
science school. The board shall not, on or after the
effective date of this amendatory Act of 1991, enter into
any contracts or agreements for the construction,
alteration or modification of any new or existing school
buildings or related facilities or structural improvements
on any part of the 78.85 acres purchased or otherwise
acquired by the board for agricultural science school
purposes, excepting only those contracts or agreements
that are entered into by the board for the construction,
alteration or modification of such school buildings,
related facilities or structural improvements that on the
effective date of this amendatory Act of 1991 are either
located upon, under construction upon or scheduled under

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existing plans and specifications to be constructed upon a
parcel of land, consisting of 17.45 acres more or less and
measuring approximately 880 feet along its northerly and
southerly boundaries and 864 feet along its easterly and
westerly boundaries, located in the northeast part of the
78.85 acres. Nothing in this subparagraph (9) shall be
deemed or construed to alter, modify, impair or otherwise
affect the terms and provisions of, nor the rights and
obligations of the parties under any agreement or contract
made and entered into by the board prior to the effective
date of this amendatory Act (i) for the acquisition, lease
or lease purchase of, or for the construction, alteration
or modification of any school buildings, related
facilities or structural improvements upon all or any part
of the 78.85 acres purchased or acquired by the board for
agricultural science school purposes, or (ii) for the lease
by the board of an irregularly shaped parcel, consisting of
23.19 acres more or less, of that 78.85 acres for park
board purposes.
(Source: P.A. 97-648, eff. 12-30-11.)".