Public Act 100-0399
 
SB0447 EnrolledLRB100 04889 MLM 14899 b



    AN ACT concerning education.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    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 
    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 
    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 
    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 
    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 
    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 
    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.)