Bill Text: IL HB2530 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the School Code. In a Section allowing the State Board of Education to distribute loan or grant moneys to school districts for temporary relocation expenses, provides that the moneys may be distributed for temporary relocation expenses incurred by school districts as a result of mine subsidence. Effective July 1, 2009.
Sponsorship: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2009-07-29 - Public Act . . . . . . . . . 96-0102 [HB2530 Detail]
Download: Illinois-2009-HB2530-Enrolled.html
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| 1 | AN ACT concerning education.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The School Code is amended by changing Section | ||||||
| 5 | 2-3.77 as follows:
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| 6 | (105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
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| 7 | Sec. 2-3.77. Temporary relocation expenses.
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| 8 | (a) The State Board of Education may distribute loan or | ||||||
| 9 | grant
moneys
appropriated for temporary relocation expenses | ||||||
| 10 | incurred by school districts
as a result of fires, earthquakes, | ||||||
| 11 | tornados, mine subsidence, or other natural or
man-made | ||||||
| 12 | disasters which destroy school
buildings, or as a result of the | ||||||
| 13 | condemnation of a school building under
Section 3-14.22. The | ||||||
| 14 | State Board of Education shall by rule prescribe those
expenses | ||||||
| 15 | which qualify as temporary relocation expenses and the manner | ||||||
| 16 | of
determining and reporting the same, provided that such | ||||||
| 17 | expenses shall be
deemed to include amounts reasonably required | ||||||
| 18 | to be expended for the lease,
rental, and renovation of | ||||||
| 19 | educational facilities and for additional
transportation and | ||||||
| 20 | other expenses directly associated with the temporary
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| 21 | relocation and housing of the normal operations, activities, | ||||||
| 22 | and affairs of
a school district.
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| 23 | (b) Except as provided in subsection (c), no moneys | ||||||
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| 1 | appropriated to
the State
Board of Education for purposes of | ||||||
| 2 | distribution in accordance with the
provisions of this Section | ||||||
| 3 | shall be distributed to any school district
unless the school | ||||||
| 4 | board of such district, as an express condition of any
such | ||||||
| 5 | distribution, agrees to levy the tax provided for by Section | ||||||
| 6 | 17-2.2c
at the maximum rate permitted thereunder and to pay to | ||||||
| 7 | the State of
Illinois for deposit in the Temporary Relocation | ||||||
| 8 | Expenses Revolving Grant
Fund (i) all proceeds of such
tax | ||||||
| 9 | attributable to the first year and succeeding years for which | ||||||
| 10 | the tax
is levied after moneys
appropriated for purposes of | ||||||
| 11 | this Section have been distributed to the
school district, and | ||||||
| 12 | (ii) all insurance proceeds which become payable to
the | ||||||
| 13 | district under those provisions of any contract or policy of | ||||||
| 14 | insurance
which provide reimbursement for or other coverage | ||||||
| 15 | against loss with respect
to any temporary relocation expenses | ||||||
| 16 | of the school district; provided, that
the aggregate of any tax | ||||||
| 17 | and insurance proceeds paid by the school district
to the State | ||||||
| 18 | pursuant to this Section shall not exceed in amount the moneys
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| 19 | distributed to the school district pursuant to this Section.
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| 20 | (c) The State Board of Education may, from appropriations | ||||||
| 21 | made for this
purpose from the Temporary Relocation Expenses | ||||||
| 22 | Revolving Grant Fund, make
grants that do not require repayment | ||||||
| 23 | to school districts that qualify for
temporary relocation | ||||||
| 24 | assistance under this Section to the extent that the
amount of | ||||||
| 25 | temporary relocation expenses incurred by a district exceeds | ||||||
| 26 | the
amount that the district is able to repay to the State | ||||||
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| 1 | through insurance
proceeds and the tax levy authorized in | ||||||
| 2 | Section 17-2.2c.
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| 3 | (d) The Temporary Relocation Expenses Revolving Grant Fund | ||||||
| 4 | is hereby
established as a special fund within the State | ||||||
| 5 | treasury. Appropriations and
amounts that school districts | ||||||
| 6 | repay to the State under subsection (b) of this
Section shall | ||||||
| 7 | be deposited into that Fund. If the balance in that Fund | ||||||
| 8 | exceeds
$3,000,000, the excess shall be transferred into the | ||||||
| 9 | General Revenue Fund.
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| 10 | (e) The State Board
of Education shall promulgate such | ||||||
| 11 | rules and regulations, not inconsistent
with the provisions of | ||||||
| 12 | this Section, as are necessary to provide for the
distribution | ||||||
| 13 | of loan and grant moneys and for the
repayment of loan moneys
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| 14 | distributed pursuant to this Section.
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| 15 | (Source: P.A. 90-464, eff. 8-17-97.)
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| 16 | Section 10. The School Construction Law is amended by | ||||||
| 17 | changing Section 5-30 as follows:
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| 18 | (105 ILCS 230/5-30)
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| 19 | Sec. 5-30. Priority of school construction projects. The | ||||||
| 20 | State Board of
Education shall develop standards for the | ||||||
| 21 | determination of priority needs
concerning school construction | ||||||
| 22 | projects based upon approved district facilities
plans. Such | ||||||
| 23 | standards shall call for prioritization based on
the degree of | ||||||
| 24 | need and project type in the following order:
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| 1 | (1) Replacement or reconstruction of school buildings | ||||||
| 2 | destroyed or damaged
by flood, tornado, fire, earthquake, | ||||||
| 3 | mine subsidence, or other disasters, either man-made or
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| 4 | produced by nature;
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| 5 | (2) Projects designed to alleviate a shortage of | ||||||
| 6 | classrooms due to
population growth or to replace aging | ||||||
| 7 | school buildings;
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| 8 | (3) Projects resulting from interdistrict | ||||||
| 9 | reorganization
of school districts contingent on local | ||||||
| 10 | referenda;
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| 11 | (4) Replacement or reconstruction of school
facilities | ||||||
| 12 | determined to be severe and continuing health or life | ||||||
| 13 | safety
hazards;
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| 14 | (5) Alterations necessary to provide accessibility for | ||||||
| 15 | qualified individuals
with disabilities; and
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| 16 | (6) Other unique solutions to facility needs.
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| 17 | The State Board of Education may not make any material changes | ||||||
| 18 | to the standards in effect on May 18, 2004, unless the State | ||||||
| 19 | Board of Education is specifically authorized by law.
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| 20 | (Source: P.A. 93-679, eff. 6-30-04.)
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| 21 | Section 99. Effective date. This Act takes effect July 1, | ||||||
| 22 | 2009.
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