Bill Text: IL SB0447 | 2017-2018 | 100th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Forensic Psychiatry Fellowship Training Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0399 [SB0447 Detail]
Download: Illinois-2017-SB0447-Engrossed.html
Bill Title: Amends the Forensic Psychiatry Fellowship Training Act. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 10-3)
Status: (Passed) 2017-08-25 - Public Act . . . . . . . . . 100-0399 [SB0447 Detail]
Download: Illinois-2017-SB0447-Engrossed.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 | 34-21.1 as follows:
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6 | (105 ILCS 5/34-21.1) (from Ch. 122, par. 34-21.1)
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7 | Sec. 34-21.1. Additional powers. In addition to other | ||||||
8 | powers and
authority now possessed by it, the board shall have | ||||||
9 | power:
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10 | (1) To lease from any public building commission | ||||||
11 | created pursuant to the
provisions of the Public Building | ||||||
12 | Commission Act, approved July 5, 1955, as
heretofore or | ||||||
13 | hereafter amended or from any individuals, partnerships or
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14 | corporations, any real or personal property for the purpose | ||||||
15 | of securing
space for its school purposes or office or | ||||||
16 | other space for its
administrative functions for a period | ||||||
17 | of time not exceeding 40 years.
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18 | (2) To pay for the use of this leased property in | ||||||
19 | accordance with the
terms of the lease and with the | ||||||
20 | provisions of the Public Building
Commission Act, approved | ||||||
21 | July 5, 1955, as heretofore or hereafter amended.
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22 | (3) Such lease may be entered into without making a | ||||||
23 | previous
appropriation for the expense thereby incurred; |
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1 | provided, however, that if
the board undertakes to pay all | ||||||
2 | or any part of the costs of operating and
maintaining the | ||||||
3 | property of a public building commission as authorized in
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4 | subparagraph (4) of this Section, such expenses of | ||||||
5 | operation and
maintenance shall be included in the annual | ||||||
6 | budget of such board annually
during the term of such | ||||||
7 | undertaking.
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8 | (4) In addition, the board may undertake, either in the | ||||||
9 | lease with a
public building commission or by separate | ||||||
10 | agreement or contract with a
public building commission, to | ||||||
11 | pay all or any part of the costs of
maintaining and | ||||||
12 | operating the property of a public building commission for
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13 | any period of time not exceeding 40 years.
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14 | (5) To enter into agreements, including lease and lease | ||||||
15 | purchase
agreements having a term not longer than 40 years | ||||||
16 | from the date on which
such agreements are entered into, | ||||||
17 | with private sector individuals,
partnerships, or | ||||||
18 | corporations for the construction of school buildings,
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19 | school administrative offices, site development, and | ||||||
20 | school support
facilities. The board shall maintain | ||||||
21 | exclusive possession of all schools,
school administrative | ||||||
22 | offices, and school facilities which it is occupying
or | ||||||
23 | acquiring pursuant to any such lease or lease purchase | ||||||
24 | agreement, and in
addition shall have and exercise complete | ||||||
25 | control over the education
program conducted at such | ||||||
26 | schools, offices and facilities. The board's
contribution |
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1 | under any such agreement shall be limited to the use of the
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2 | real estate and existing improvements on a rental basis | ||||||
3 | which shall be
exempt from any form of leasehold tax or | ||||||
4 | assessment, but the interests of
the board may be | ||||||
5 | subordinated to the interests of a mortgage holder or
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6 | holders acquired as security for additional improvements | ||||||
7 | made on the property.
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8 | (6) To make payments on a lease or lease purchase | ||||||
9 | agreement entered into
pursuant to subparagraph (5) of this | ||||||
10 | Section with an individual,
partnership, or a corporation | ||||||
11 | for school buildings, school administrative
offices, and | ||||||
12 | school support facilities constructed by such individual,
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13 | partnership, or corporation.
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14 | (7) To purchase the interests of an individual, | ||||||
15 | partnership, or
corporation pursuant to any lease or lease | ||||||
16 | purchase agreement entered into
by the board pursuant to | ||||||
17 | subparagraph (5) of this Section, and to assume or
retire | ||||||
18 | any outstanding debt or obligation relating to such lease | ||||||
19 | or lease
purchase agreement for any school building, school | ||||||
20 | administrative office,
or school support facility.
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21 | (8) Subject to the provisions of subparagraph (9) of | ||||||
22 | this Section,
to enter into agreements, including lease and | ||||||
23 | lease purchase
agreements, having a term not longer than 40 | ||||||
24 | years from the date on which
such agreements are entered | ||||||
25 | into for the provision of school buildings and
related | ||||||
26 | property and facilities for an agricultural science |
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1 | school.
The enrollment in such school shall be limited to | ||||||
2 | 720 students, and no less than 50% of the total number of | ||||||
3 | enrollment positions in each incoming class must be | ||||||
4 | reserved for students who live within proximity to the | ||||||
5 | school. "Proximity to the school" means all areas within | ||||||
6 | the existing city limits of Chicago located south of 87th | ||||||
7 | Street (8700 South) and west of Wood Street (1800 West). In | ||||||
8 | addition to the other authorizations in this paragraph (8), | ||||||
9 | a maximum of 80 additional students may be enrolled in the | ||||||
10 | agricultural science school's significantly modified | ||||||
11 | curriculum for diverse learners, commonly known as the | ||||||
12 | special education cluster program. Under
such agreements | ||||||
13 | the board shall have exclusive possession of all such
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14 | school buildings and related property and facilities which | ||||||
15 | it is occupying
or acquiring pursuant to any such | ||||||
16 | agreements, and in addition shall have
and exercise | ||||||
17 | complete control over the educational program conducted at
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18 | such school. Under such agreements the board also may lease | ||||||
19 | to another
party to such agreement real estate and existing | ||||||
20 | improvements which are
appropriate and available for use as | ||||||
21 | part of the necessary school buildings
and related property | ||||||
22 | and facilities for an agricultural science school.
Any | ||||||
23 | interest created by such a lease shall be exempt from any | ||||||
24 | form of
leasehold tax or assessment, and the interests of | ||||||
25 | the board as owner or
lessor of property covered by such a | ||||||
26 | lease may be subordinated to the
interests of a mortgage |
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1 | holder or holders acquired as security for
additional | ||||||
2 | improvements made on the property. In addition, but subject | ||||||
3 | to
the provisions of subparagraph (9) of this Section, the | ||||||
4 | board is
authorized: (i) to pay for the use of school | ||||||
5 | buildings and related
property and facilities for an | ||||||
6 | agricultural science school as provided for
in an agreement | ||||||
7 | entered into pursuant to this subparagraph (8) and to enter
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8 | into any such agreement without making a previous | ||||||
9 | appropriation for the
expense thereby incurred; and (ii) to | ||||||
10 | enter into agreements to purchase any
ownership interests | ||||||
11 | in any school buildings and related property and
facilities | ||||||
12 | subject to any agreement entered into by the board pursuant | ||||||
13 | to
this subparagraph (8) and to assume or retire any | ||||||
14 | outstanding debt or
obligation relating to such school | ||||||
15 | buildings and related property and
facilities.
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16 | (9) Notwithstanding the provisions of subparagraph (8) | ||||||
17 | of this Section
or any other law, the board shall not at | ||||||
18 | any time on or after the effective
date of this amendatory | ||||||
19 | Act of 1991 enter into any new lease or lease
purchase | ||||||
20 | agreement, or amend or modify any existing lease, lease | ||||||
21 | purchase
or other agreement entered into pursuant to | ||||||
22 | subparagraph
(8), covering all or any part of the property | ||||||
23 | or facilities, consisting of
78.85 acres more or less, | ||||||
24 | heretofore purchased or otherwise acquired by the
board for | ||||||
25 | an agricultural science school; nor shall the board enter | ||||||
26 | into any
agreement on or after the effective date of this |
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1 | amendatory Act of 1991 to
sell, lease, transfer or | ||||||
2 | otherwise convey all or any part of the property so
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3 | purchased or acquired, nor any of the school buildings or | ||||||
4 | related facilities
thereon, but the same shall be held, | ||||||
5 | used, occupied and maintained by the board
solely for the | ||||||
6 | purpose of conducting and operating
an agricultural | ||||||
7 | science school. The board shall not, on or after the
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8 | effective date of this amendatory Act of 1991, enter into | ||||||
9 | any contracts or
agreements for the construction, | ||||||
10 | alteration or modification of any new or
existing school | ||||||
11 | buildings or related facilities or structural improvements
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12 | on any part of the 78.85 acres purchased or otherwise | ||||||
13 | acquired by the board
for agricultural science school | ||||||
14 | purposes,
excepting only those contracts or agreements | ||||||
15 | that are entered into by the
board for the construction, | ||||||
16 | alteration or modification of such school
buildings, | ||||||
17 | related facilities or structural improvements that on the
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18 | effective date of this amendatory Act of 1991 are either | ||||||
19 | located upon,
under construction upon or scheduled under | ||||||
20 | existing plans and specifications
to be constructed upon a | ||||||
21 | parcel of land, consisting of 17.45 acres more or
less and | ||||||
22 | measuring approximately 880 feet along its northerly and | ||||||
23 | southerly
boundaries and 864 feet along its easterly and | ||||||
24 | westerly boundaries, located
in the northeast part of the | ||||||
25 | 78.85 acres. Nothing in this subparagraph (9)
shall be | ||||||
26 | deemed or construed to alter, modify, impair or otherwise |
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1 | affect
the terms and provisions of, nor the rights and | ||||||
2 | obligations of the parties
under any agreement or contract | ||||||
3 | made and entered into by the board prior to
the effective | ||||||
4 | date of this amendatory Act (i) for the acquisition, lease | ||||||
5 | or
lease purchase of, or for the construction, alteration | ||||||
6 | or modification of
any school buildings, related | ||||||
7 | facilities or structural improvements upon
all or any part | ||||||
8 | of the 78.85 acres purchased or acquired by the board for
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9 | agricultural science school purposes, or (ii) for the lease | ||||||
10 | by the board of
an irregularly shaped parcel, consisting of | ||||||
11 | 23.19 acres more or less, of
that 78.85 acres for park | ||||||
12 | board purposes.
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13 | (Source: P.A. 97-648, eff. 12-30-11.)
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