Distributed via Email: May 21, 2009

SENATE APPROVES CONSTRUCTION BILLS

The Illinois State Senate Wednesday approved a package of bills to start a statewide capital projects program, including funds for school construction. In a rare showing of bipartisanship, the bills passed on the Senate floor shortly after receiving overwhelming support from both parties in the Senate Executive Committee. The $26 billion program would use a hodgepodge of revenue sources to build roads, bridges, and schools throughout the State.

The bills were sent to the House of Representatives for consideration. HB 255 creates the revenue streams to pay for the bonds, HB 312 spells out the spending allocations, and HB 2400 contains the state bonding authority.

SCHOOL CONSTRUCTION GRANTS

As described in committee testimony by Senate President John Cullerton, HB 312 would make available $1.5 billion to be distributed through the current School Construction Grant Program operated by the Illinois State Board of Education and the Capital Development Board. The 24 school districts that have been waiting for their promised state construction funding since Fiscal Year 2002 are specifically listed in the bill as recipients of funds. The rest of the school construction funds are supposed to be distributed through the current criteria and procedures used by CDB and ISBE.

Another $100 million is available for school district maintenance grants.

Higher education was also included as $718 million was earmarked for State universities, $353 million was allocated for community colleges, and private colleges are to receive $300 million.

HOW IS IT PAID FOR?

Legislators veered away from the state income tax or the state’s gasoline tax and turned to "user fees", gaming, and "sin taxes". HB 255 contains the following provisions:

SENATE EDUCATION COMMITTEE APPROVES SB 750

On a partisan roll call (Democrats voting "yes" and Republicans voting "no"), the Senate Education Committee Wednesday sent a tax re-write/school funding bill to the Senate floor for consideration. SB 750 (Meeks, D-Chicago), a bill that has been introduced in one form or another for nearly seven years, would raise over $7 billion for the state by increasing individual income tax rates (from 3% to 5%) and expanding the state sales tax to cover 42 specific consumer services. In return, the state would provide property tax relief for homeowners, give additional income tax credits to low-earning taxpayers, and provide increased funding to public schools. There was no indication when the bill might be called for a vote before the full Senate.

There are several changes in this version of SB 750 (i.e. there is no increase in the corporate income tax rate), and Senator Meeks indicated that many more changes were forthcoming. A comprehensive analysis of the bill as currently drafted is available by clicking SB 750 ANALYSIS.

SCHOOL "ACCOUNTABILITY" BILL APPROVED

The House Public Policy and Accountability Committee approved a bill Wednesday to bring more "transparency" to school fiscal matters. Representative Kathy Ryg (D-Vernon Hills) sponsored the amendment to SB 226 containing language that had been part of HB 744. Though most of the provisions of the bill were originally initiated several years ago by the Metropolitan Mayors’ Caucus to be the "accountability piece" for school funding bills, SB 226 is now a stand-alone piece of legislation. Though school board members and administrators may not be enamored after reviewing bill, the Alliance has worked diligently over the past two years to improve the legislation. No longer included in the bill are provisions for outright state takeover of school districts, an Education Inspector General, mandatory school board member training, or several other egregious provisions.

A comprehensive analysis of the bill as currently drafted is available by clicking SB 226 ANALYSIS.

FREEDOM OF INFORMATION ACT SUMMARY

As was reported in the last Alliance Legislation Report, a comprehensive re-write of the Freedom of Information Act is in the works. Though no official action has been taken – and the final version may not have yet been drafted – the Alliance has provided an overview of the legislation. Please review the legislation and contact your state representative and senator to share your concerns.

The draft amendment to HB 4165 (Currie, D-Chicago) would create a Public Access Counselor (PAC) position within the Office of the Attorney General who would be responsible for reviewing FOIA requests that have been denied by public bodies. A comprehensive analysis of the bill as currently drafted is available by clicking HB 4165 ANALYSIS.

The draft amendment to HB 1370 (Currie) contains the total re-write of the Freedom of Information Act. It places the burden of proof on the public body for any FOIA denial as the language states that all records are open to inspection unless specifically exempted.  Public bodies will have 5 working days (instead of 7) to comply with or deny a FOIA request. A comprehensive analysis of the bill as currently drafted is available by clicking HB 1370 ANALYSIS.

STATE BOARD OF EDUCATION MEMBERS TO CHANGE?

Additional unexpected fallout from the impeachment of Governor Rod Blagojevich spilled over in the area of appointments to the Illinois State Board of Education. Current law provides that State Board of Education Board members can only be appointed by the governor after he or she takes office after election. Governor Quinn cannot replace members because he was not elected to the office of governor. House Amendment #1 to SB 1333 (Cullerton, D-Chicago) provides a remedy.

The bill will end the terms of all ISBE board members on the date the bill becomes law and gives sitting state board members no more than 90 days to hold the office. The newly appointed members will serve staggered terms through June of 2014 after appointment by the governor with advice and consent of the Illinois Senate. For future appointments members shall serve for 5 year terms beginning on July 1 after appointment (currently most terms begin in January) and will commence until June 30 of the fifth following year. The bill also allows the governor to make temporary appointments.

The amendment to SB 1333 was adopted by the House Executive Committee and was sent to the House floor for consideration.

This legislative report is written and edited by the lobbyists of the Illinois Association of School Boards to provide information to the members of the organizations that comprise the Illinois Statewide School Management Alliance.

General Assembly Bill Text/Status

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