Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3237 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0960
2	1		SB3237 EnrolledLRB103 37777 RJT 67906 b SB3237 Enrolled LRB103 37777 RJT 67906 b
3	2		SB3237 Enrolled LRB103 37777 RJT 67906 b
4		-	AN ACT concerning education.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The School Construction Law is amended by
8		-	changing Sections 5-5 and 5-15 as follows:
9		-	(105 ILCS 230/5-5)
10		-	Sec. 5-5. Definitions. As used in this Article:
11		-	"Conditional grant award" means the formal notification by
12		-	the Capital Development Board to a school district of its
13		-	conditional intent to award a grant to a school district to pay
14		-	a portion of the recognized project cost for a school
15		-	construction project. The grant award is conditioned upon
16		-	receiving proof from the school district that it has funds
17		-	available to cover the cost of the required local match.
18		-	"Grant award amount" means an amount equal to the
19		-	recognized project cost determined by the Capital Development
20		-	Board for a school construction project multiplied by the
21		-	grant award percentage and then adjusted as may be required
22		-	pursuant to subsection (d) of Section 5-15.
23		-	"Grant award percentage" means a percentage equal to one
24		-	minus the required local match percentage.
25		-	"Grant index" means a figure for each school district
26		-	equal to one minus the ratio of the district's equalized
	3	+	1 AN ACT concerning education.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The School Construction Law is amended by
	7	+	5 changing Sections 5-5 and 5-15 as follows:
	8	+	6 (105 ILCS 230/5-5)
	9	+	7 Sec. 5-5. Definitions. As used in this Article:
	10	+	8 "Conditional grant award" means the formal notification by
	11	+	9 the Capital Development Board to a school district of its
	12	+	10 conditional intent to award a grant to a school district to pay
	13	+	11 a portion of the recognized project cost for a school
	14	+	12 construction project. The grant award is conditioned upon
	15	+	13 receiving proof from the school district that it has funds
	16	+	14 available to cover the cost of the required local match.
	17	+	15 "Grant award amount" means an amount equal to the
	18	+	16 recognized project cost determined by the Capital Development
	19	+	17 Board for a school construction project multiplied by the
	20	+	18 grant award percentage and then adjusted as may be required
	21	+	19 pursuant to subsection (d) of Section 5-15.
	22	+	20 "Grant award percentage" means a percentage equal to one
	23	+	21 minus the required local match percentage.
	24	+	22 "Grant index" means a figure for each school district
	25	+	23 equal to one minus the ratio of the district's equalized
27	26
28	27
29	28
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31	30
32	31
33		-	assessed valuation per pupil in average daily attendance to
34		-	the equalized assessed valuation per pupil in average daily
35		-	attendance of the district located at the 90th percentile for
36		-	all districts of the same category. This definition applies
37		-	only to completed or partially completed, as determined by the
38		-	Capital Development Board, school construction projects for
39		-	which a grant application was filed for the 2004, 2005, or 2006
40		-	application cycle by a school district included on the State
41		-	Board of Education's 2004, 2005, or 2006 School Construction
42		-	Project Application Cycle listing and only for the purpose of
43		-	determining the amount of any adjustment pursuant to
44		-	subsection (d) of Section 5-15 to a grant award amount for a
45		-	project funded during the first application cycle opened after
46		-	June 30, 2022. For the purpose of calculating the grant index,
47		-	school districts are grouped into 2 categories, Category I and
48		-	Category II. Category I consists of elementary and unit school
49		-	districts. The equalized assessed valuation per pupil in
50		-	average daily attendance of each school district in Category I
51		-	shall be computed using its grades kindergarten through 8
52		-	average daily attendance figure. A unit school district's
53		-	Category I grant index shall be used for projects or portions
54		-	of projects constructed for elementary school pupils. Category
55		-	II consists of high school and unit school districts. The
56		-	equalized assessed valuation per pupil in average daily
57		-	attendance of each school district in Category II shall be
58		-	computed using its grades 9 through 12 average daily
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	34	+	1 assessed valuation per pupil in average daily attendance to
	35	+	2 the equalized assessed valuation per pupil in average daily
	36	+	3 attendance of the district located at the 90th percentile for
	37	+	4 all districts of the same category. This definition applies
	38	+	5 only to completed or partially completed, as determined by the
	39	+	6 Capital Development Board, school construction projects for
	40	+	7 which a grant application was filed for the 2004, 2005, or 2006
	41	+	8 application cycle by a school district included on the State
	42	+	9 Board of Education's 2004, 2005, or 2006 School Construction
	43	+	10 Project Application Cycle listing and only for the purpose of
	44	+	11 determining the amount of any adjustment pursuant to
	45	+	12 subsection (d) of Section 5-15 to a grant award amount for a
	46	+	13 project funded during the first application cycle opened after
	47	+	14 June 30, 2022. For the purpose of calculating the grant index,
	48	+	15 school districts are grouped into 2 categories, Category I and
	49	+	16 Category II. Category I consists of elementary and unit school
	50	+	17 districts. The equalized assessed valuation per pupil in
	51	+	18 average daily attendance of each school district in Category I
	52	+	19 shall be computed using its grades kindergarten through 8
	53	+	20 average daily attendance figure. A unit school district's
	54	+	21 Category I grant index shall be used for projects or portions
	55	+	22 of projects constructed for elementary school pupils. Category
	56	+	23 II consists of high school and unit school districts. The
	57	+	24 equalized assessed valuation per pupil in average daily
	58	+	25 attendance of each school district in Category II shall be
	59	+	26 computed using its grades 9 through 12 average daily
59	60
60	61
61		-	attendance figure. A unit school district's Category II grant
62		-	index shall be used for projects or portions of projects
63		-	constructed for high school pupils. The changes made by this
64		-	amendatory Act of the 92nd General Assembly apply to all
65		-	grants made on or after the effective date of this amendatory
66		-	Act, provided that for grants not yet made on the effective
67		-	date of this amendatory Act but made in fiscal year 2001 and
68		-	for grants made in fiscal year 2002, the grant index for a
69		-	school district shall be the greater of (i) the grant index as
70		-	calculated under this Law on or after the effective date of
71		-	this amendatory Act or (ii) the grant index as calculated
72		-	under this Law before the effective date of this amendatory
73		-	Act. The grant index shall be no less than 0.35 and no greater
74		-	than 0.75 for each district; provided that the grant index for
75		-	districts whose equalized assessed valuation per pupil in
76		-	average daily attendance is at the 99th percentile and above
77		-	for all districts of the same type shall be 0.00.
78		-	The grant index shall be calculated for each of those
79		-	school districts forming a reorganized school district or
80		-	cooperative high school if one or more of the following happen
81		-	within the current or prior 2 fiscal years:
82		-	(1) a new school district is created in accordance
83		-	with Article 11E of the School Code;
84		-	(2) an existing school district annexes all of the
85		-	territory of one or more entire other school districts in
86		-	accordance with Article 7 of the School Code; or
87	62
88	63
89		-	(3) a cooperative high school is formed in accordance
90		-	with Section 10-22.22c of the School Code.
91		-	The average grant index of those school districts shall be
92		-	used as the grant index for the newly reorganized district or
93		-	cooperative high school.
94		-	"Recognized project cost" means the total project cost for
95		-	a school construction project determined by the Capital
96		-	Development Board to be taken into account in calculating the
97		-	grant award amount and the required local match for a school
98		-	construction project.
99		-	"Required local match" means an amount equal to the
100		-	product of the recognized project cost determined by the
101		-	Capital Development Board multiplied by a school district's
102		-	required local match percentage, and then adjusted as may be
103		-	required pursuant to Section 5-15.
104		-	"Required local match percentage" means a percentage equal
105		-	to a school district's Local Capacity Percentage, as defined
106		-	in Section 18-8.15 of the School Code, and as calculated by the
107		-	State Superintendent of Education in the fiscal year in which
108		-	the school district applies for a grant to be awarded pursuant
109		-	to this Article, provided that the required local match
110		-	percentage shall be no less than 10% and no greater than 90%
111		-	for any district. With respect to a Type 40 area vocational
112		-	center cooperative, a special education cooperative, or a
113		-	cooperative high school, the required local match percentage
114		-	is calculated by first multiplying each cooperative member
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115	66
116	67
117		-	district's average student enrollment utilized to calculate
118		-	its latest Evidence-Based Funding, as defined in Section
119		-	18-8.15 of the School Code, by the respective district's
120		-	latest Local Capacity Percentage, as defined in Section
121		-	18-8.15 of the School Code, to obtain a weighted average
122		-	student enrollment. Then, the required local match percentage
123		-	is calculated by taking the sum of all the member districts'
124		-	weighted average student enrollment and dividing that sum by
125		-	the sum of all the member districts' average student
126		-	enrollment utilized to calculate the latest Evidence-Based
127		-	Funding.
128		-	"School construction project" means the acquisition,
129		-	development, construction, reconstruction, rehabilitation,
130		-	improvement, architectural planning, and installation of
131		-	capital facilities consisting of buildings, structures,
132		-	durable equipment, and land for educational purposes.
133		-	"School district" means a school district or a Type 40
134		-	area vocational center or special education cooperative that
135		-	is jointly owned, if the joint agreement includes language
136		-	that specifies how the debt obligation is to be paid,
137		-	including in the event that an entity withdraws from the joint
138		-	agreement.
139		-	"School district" includes a cooperative high school, if
140		-	the cooperative agreement includes language that specifies how
141		-	the debt obligation is to be paid, including if an entity
142		-	withdraws from the cooperative agreement or the cooperative
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	70	+	1 attendance figure. A unit school district's Category II grant
	71	+	2 index shall be used for projects or portions of projects
	72	+	3 constructed for high school pupils. The changes made by this
	73	+	4 amendatory Act of the 92nd General Assembly apply to all
	74	+	5 grants made on or after the effective date of this amendatory
	75	+	6 Act, provided that for grants not yet made on the effective
	76	+	7 date of this amendatory Act but made in fiscal year 2001 and
	77	+	8 for grants made in fiscal year 2002, the grant index for a
	78	+	9 school district shall be the greater of (i) the grant index as
	79	+	10 calculated under this Law on or after the effective date of
	80	+	11 this amendatory Act or (ii) the grant index as calculated
	81	+	12 under this Law before the effective date of this amendatory
	82	+	13 Act. The grant index shall be no less than 0.35 and no greater
	83	+	14 than 0.75 for each district; provided that the grant index for
	84	+	15 districts whose equalized assessed valuation per pupil in
	85	+	16 average daily attendance is at the 99th percentile and above
	86	+	17 for all districts of the same type shall be 0.00.
	87	+	18 The grant index shall be calculated for each of those
	88	+	19 school districts forming a reorganized school district or
	89	+	20 cooperative high school if one or more of the following happen
	90	+	21 within the current or prior 2 fiscal years:
	91	+	22 (1) a new school district is created in accordance
	92	+	23 with Article 11E of the School Code;
	93	+	24 (2) an existing school district annexes all of the
	94	+	25 territory of one or more entire other school districts in
	95	+	26 accordance with Article 7 of the School Code; or
143	96
144	97
145		-	agreement is terminated.
146		-	"School maintenance project" means a project, other than a
147		-	school construction project, intended to provide for the
148		-	maintenance or upkeep of buildings or structures for
149		-	educational purposes, but does not include ongoing operational
150		-	costs.
151		-	(Source: P.A. 102-723, eff. 5-6-22.)
152		-	(105 ILCS 230/5-15)
153		-	Sec. 5-15. Grant award amounts and required local match.
154		-	(a) After June 30, 2022, any time there is an
155		-	appropriation of funds by the General Assembly from the School
156		-	Infrastructure Fund or School Construction Fund and a release
157		-	of the appropriated funds to the Capital Development Board for
158		-	expenditure on grant awards pursuant to the provisions of this
159		-	Article, the State Board of Education is authorized to open an
160		-	application cycle to receive grant applications from school
161		-	districts for school construction projects. No grant
162		-	application filed before the start of the first application
163		-	cycle after June 30, 2022 may be considered. After the close of
164		-	each application cycle, the State Board of Education shall
165		-	determine the approval of applications, the required local
166		-	match percentage for each approved application, and the
167		-	priority order for school construction project grants to be
168		-	made by the Capital Development Board and shall then notify
169		-	all applicants regarding their eligibility for a grant. Such
170	98
171	99
172		-	notification shall include an estimate of the required local
173		-	match. The State Board of Education shall publish a list of
174		-	applicants eligible for grants and forward it to the Capital
175		-	Development Board.
176		-	(b) The Capital Development Board, to the extent that
177		-	appropriated funds have been released and proceeding through
178		-	the list of eligible applicants in the order of priority
179		-	determined by the State Board of Education, shall issue
180		-	conditional grant awards to eligible school districts. An
181		-	applicant that does not receive a conditional grant award
182		-	notification must submit a new application during another
183		-	application cycle in order to receive future consideration for
184		-	a grant award.
185		-	(c) The conditional grant award certifies to a school
186		-	district the recognized project costs for its school
187		-	construction project determined by the Capital Development
188		-	Board, the applicable required local match percentage and
189		-	grant award percentage, the required local match and grant
190		-	award amount calculated by multiplying the required local
191		-	match percentage and the grant award percentage by the
192		-	recognized project cost, and the required local match and
193		-	grant award amount as those amounts may be adjusted as
194		-	required in subsection (d).
195		-	(d) The required local match and grant award amount are
196		-	calculated by multiplying the required local match percentage
197		-	and the grant award percentage by the recognized project cost,
	100	+
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198	102
199	103
200		-	provided that, for the first application in which an applicant
201		-	is funded only during the first application cycle after June
202		-	30, 2022, these amounts may be adjusted if the applicant had
203		-	previously expended funds on a school construction project on
204		-	the 2004, 2005, or 2006 School Construction Grant List. In
205		-	that case, the required local match shall be reduced (but not
206		-	below zero) and the grant award amount shall be increased (to
207		-	an amount no greater than the recognized project cost) by an
208		-	amount determined by the Capital Development Board to be equal
209		-	to the amount of the grant the applicant would have received
210		-	pursuant to Section 5-35 had it been awarded a grant in 2004,
211		-	2005, or 2006 based on the 2004, 2005, or 2006 School
212		-	Construction Grant List and the year in which the school
213		-	district applied for the grant. To receive an adjustment under
214		-	this subsection (d), a school district on the 2004, 2005, or
215		-	2006 School Construction Grant List must initially apply and
216		-	be approved during the first 3 application cycles after June
217		-	30, 2024.
218		-	(e) A school district shall have 2 years from the date the
219		-	school district was issued a conditional grant award from the
220		-	Capital Development Board to obtain the school district's
221		-	required local match and receive a final grant award from the
222		-	Capital Development Board. If the required local match is not
223		-	obtained within the 2-year time frame, the school district
224		-	shall be required to reapply in another application cycle,
225		-	after the 2-year time frame, to be considered for a grant
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	106	+	1 (3) a cooperative high school is formed in accordance
	107	+	2 with Section 10-22.22c of the School Code.
	108	+	3 The average grant index of those school districts shall be
	109	+	4 used as the grant index for the newly reorganized district or
	110	+	5 cooperative high school.
	111	+	6 "Recognized project cost" means the total project cost for
	112	+	7 a school construction project determined by the Capital
	113	+	8 Development Board to be taken into account in calculating the
	114	+	9 grant award amount and the required local match for a school
	115	+	10 construction project.
	116	+	11 "Required local match" means an amount equal to the
	117	+	12 product of the recognized project cost determined by the
	118	+	13 Capital Development Board multiplied by a school district's
	119	+	14 required local match percentage, and then adjusted as may be
	120	+	15 required pursuant to Section 5-15.
	121	+	16 "Required local match percentage" means a percentage equal
	122	+	17 to a school district's Local Capacity Percentage, as defined
	123	+	18 in Section 18-8.15 of the School Code, and as calculated by the
	124	+	19 State Superintendent of Education in the fiscal year in which
	125	+	20 the school district applies for a grant to be awarded pursuant
	126	+	21 to this Article, provided that the required local match
	127	+	22 percentage shall be no less than 10% and no greater than 90%
	128	+	23 for any district. With respect to a Type 40 area vocational
	129	+	24 center cooperative, a special education cooperative, or a
	130	+	25 cooperative high school, the required local match percentage
	131	+	26 is calculated by first multiplying each cooperative member
226	132
227	133
228		-	award. The State share of the grant amount in a conditional
229		-	grant award that is not claimed by a school district within the
230		-	2-year time frame shall be reallocated to future application
231		-	cycles after the 2-year time frame expires.
232		-	(Source: P.A. 102-723, eff. 5-6-22; 103-154, eff. 6-30-23.)
	134	+
	135	+
	136	+
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	139	+
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	142	+	1 district's average student enrollment utilized to calculate
	143	+	2 its latest Evidence-Based Funding, as defined in Section
	144	+	3 18-8.15 of the School Code, by the respective district's
	145	+	4 latest Local Capacity Percentage, as defined in Section
	146	+	5 18-8.15 of the School Code, to obtain a weighted average
	147	+	6 student enrollment. Then, the required local match percentage
	148	+	7 is calculated by taking the sum of all the member districts'
	149	+	8 weighted average student enrollment and dividing that sum by
	150	+	9 the sum of all the member districts' average student
	151	+	10 enrollment utilized to calculate the latest Evidence-Based
	152	+	11 Funding.
	153	+	12 "School construction project" means the acquisition,
	154	+	13 development, construction, reconstruction, rehabilitation,
	155	+	14 improvement, architectural planning, and installation of
	156	+	15 capital facilities consisting of buildings, structures,
	157	+	16 durable equipment, and land for educational purposes.
	158	+	17 "School district" means a school district or a Type 40
	159	+	18 area vocational center or special education cooperative that
	160	+	19 is jointly owned, if the joint agreement includes language
	161	+	20 that specifies how the debt obligation is to be paid,
	162	+	21 including in the event that an entity withdraws from the joint
	163	+	22 agreement.
	164	+	23 "School district" includes a cooperative high school, if
	165	+	24 the cooperative agreement includes language that specifies how
	166	+	25 the debt obligation is to be paid, including if an entity
	167	+	26 withdraws from the cooperative agreement or the cooperative
	168	+
	169	+
	170	+
	171	+
	172	+
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	178	+	1 agreement is terminated.
	179	+	2 "School maintenance project" means a project, other than a
	180	+	3 school construction project, intended to provide for the
	181	+	4 maintenance or upkeep of buildings or structures for
	182	+	5 educational purposes, but does not include ongoing operational
	183	+	6 costs.
	184	+	7 (Source: P.A. 102-723, eff. 5-6-22.)
	185	+	8 (105 ILCS 230/5-15)
	186	+	9 Sec. 5-15. Grant award amounts and required local match.
	187	+	10 (a) After June 30, 2022, any time there is an
	188	+	11 appropriation of funds by the General Assembly from the School
	189	+	12 Infrastructure Fund or School Construction Fund and a release
	190	+	13 of the appropriated funds to the Capital Development Board for
	191	+	14 expenditure on grant awards pursuant to the provisions of this
	192	+	15 Article, the State Board of Education is authorized to open an
	193	+	16 application cycle to receive grant applications from school
	194	+	17 districts for school construction projects. No grant
	195	+	18 application filed before the start of the first application
	196	+	19 cycle after June 30, 2022 may be considered. After the close of
	197	+	20 each application cycle, the State Board of Education shall
	198	+	21 determine the approval of applications, the required local
	199	+	22 match percentage for each approved application, and the
	200	+	23 priority order for school construction project grants to be
	201	+	24 made by the Capital Development Board and shall then notify
	202	+	25 all applicants regarding their eligibility for a grant. Such
	203	+
	204	+
	205	+
	206	+
	207	+
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	213	+	1 notification shall include an estimate of the required local
	214	+	2 match. The State Board of Education shall publish a list of
	215	+	3 applicants eligible for grants and forward it to the Capital
	216	+	4 Development Board.
	217	+	5 (b) The Capital Development Board, to the extent that
	218	+	6 appropriated funds have been released and proceeding through
	219	+	7 the list of eligible applicants in the order of priority
	220	+	8 determined by the State Board of Education, shall issue
	221	+	9 conditional grant awards to eligible school districts. An
	222	+	10 applicant that does not receive a conditional grant award
	223	+	11 notification must submit a new application during another
	224	+	12 application cycle in order to receive future consideration for
	225	+	13 a grant award.
	226	+	14 (c) The conditional grant award certifies to a school
	227	+	15 district the recognized project costs for its school
	228	+	16 construction project determined by the Capital Development
	229	+	17 Board, the applicable required local match percentage and
	230	+	18 grant award percentage, the required local match and grant
	231	+	19 award amount calculated by multiplying the required local
	232	+	20 match percentage and the grant award percentage by the
	233	+	21 recognized project cost, and the required local match and
	234	+	22 grant award amount as those amounts may be adjusted as
	235	+	23 required in subsection (d).
	236	+	24 (d) The required local match and grant award amount are
	237	+	25 calculated by multiplying the required local match percentage
	238	+	26 and the grant award percentage by the recognized project cost,
	239	+
	240	+
	241	+
	242	+
	243	+
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	249	+	1 provided that, for the first application in which an applicant
	250	+	2 is funded only during the first application cycle after June
	251	+	3 30, 2022, these amounts may be adjusted if the applicant had
	252	+	4 previously expended funds on a school construction project on
	253	+	5 the 2004, 2005, or 2006 School Construction Grant List. In
	254	+	6 that case, the required local match shall be reduced (but not
	255	+	7 below zero) and the grant award amount shall be increased (to
	256	+	8 an amount no greater than the recognized project cost) by an
	257	+	9 amount determined by the Capital Development Board to be equal
	258	+	10 to the amount of the grant the applicant would have received
	259	+	11 pursuant to Section 5-35 had it been awarded a grant in 2004,
	260	+	12 2005, or 2006 based on the 2004, 2005, or 2006 School
	261	+	13 Construction Grant List and the year in which the school
	262	+	14 district applied for the grant. To receive an adjustment under
	263	+	15 this subsection (d), a school district on the 2004, 2005, or
	264	+	16 2006 School Construction Grant List must initially apply and
	265	+	17 be approved during the first 3 application cycles after June
	266	+	18 30, 2024.
	267	+	19 (e) A school district shall have 2 years from the date the
	268	+	20 school district was issued a conditional grant award from the
	269	+	21 Capital Development Board to obtain the school district's
	270	+	22 required local match and receive a final grant award from the
	271	+	23 Capital Development Board. If the required local match is not
	272	+	24 obtained within the 2-year time frame, the school district
	273	+	25 shall be required to reapply in another application cycle,
	274	+	26 after the 2-year time frame, to be considered for a grant
	275	+
	276	+
	277	+
	278	+
	279	+
	280	+	SB3237 Enrolled - 8 - LRB103 37777 RJT 67906 b
	281	+
	282	+
	283	+	SB3237 Enrolled- 9 -LRB103 37777 RJT 67906 b SB3237 Enrolled - 9 - LRB103 37777 RJT 67906 b
	284	+	SB3237 Enrolled - 9 - LRB103 37777 RJT 67906 b
	285	+	1 award. The State share of the grant amount in a conditional
	286	+	2 grant award that is not claimed by a school district within the
	287	+	3 2-year time frame shall be reallocated to future application
	288	+	4 cycles after the 2-year time frame expires.
	289	+	5 (Source: P.A. 102-723, eff. 5-6-22; 103-154, eff. 6-30-23.)
	290	+
	291	+
	292	+
	293	+
	294	+
	295	+	SB3237 Enrolled - 9 - LRB103 37777 RJT 67906 b