HB2738 101ST GENERAL ASSEMBLY

LRB101 10441 AXK 55547 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2738

Introduced , by Rep. Thomas Morrison

SYNOPSIS AS INTRODUCED:

105 ILCS 5/10-22.36

from Ch. 122, par. 10-22.36

Amends the School Code. With regard to buildings for school purposes, provides that referendum approval is required for all school construction projects begun on or after the effective date of the amendatory Act, including, but not limited to, (i) projects with funding derived from the school district's bonded indebtedness or tax levy or any other taxes, revenues, or debt instruments, (ii) projects that involve a building being leased by the school district, (iii) projects with funding derived from the sale or disposition of other property, or (iv) projects with funding received from a grant, gift, or lease payment; defines "school construction project". Requires the referendum language to include a description of the project, the estimated total cost of the project, the source of funding for the project, and any other relevant financial information about the project, as currently required by statute. Removes provisions allowing no referendum approval for the certain purchase, construction, or building of a building. Effective immediately.

FISCAL NOTE ACT MAY APPLY

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

A BILL FOR

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 10-22.36 as follows:

(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)

Sec. 10-22.36. Buildings for school purposes.

(a) To build or purchase a building for school classroom or instructional purposes upon the approval of a majority of the voters upon the proposition at a referendum held for such purpose or in accordance with Section 17-2.11, 19-3.5, or 19-3.10. The board may initiate such referendum by resolution. The board shall certify the resolution and proposition to the proper election authority for submission in accordance with the general election law.

The questions of building one or more new buildings for school purposes or office facilities, and issuing bonds for the purpose of borrowing money to purchase one or more buildings or sites for such buildings or office sites, to build one or more new buildings for school purposes or office facilities or to make additions and improvements to existing school buildings, may be combined into one or more propositions on the ballot.

Before erecting, or purchasing or remodeling such a building the board shall submit the plans and specifications respecting heating, ventilating, lighting, seating, water supply, toilets and safety against fire to the regional superintendent of schools having supervision and control over the district, for approval in accordance with Section 2-3.12.

(b) In this subsection, "school construction project" means the acquisition, development, construction, reconstruction, rehabilitation, improvement, architectural planning, or installation of capital facilities consisting of buildings, structures, durable equipment, and land for educational purposes.

Notwithstanding any other provision of law to the contrary, referendum approval is required for all school construction projects begun on or after the effective date of this amendatory Act of the 101st General Assembly, including, but not limited to, (i) projects with funding derived from the school district's bonded indebtedness or tax levy or any other taxes, revenues, or debt instruments, (ii) projects that involve a building being leased by the school district, (iii) projects with funding derived from the sale or disposition of other property, or (iv) projects with funding received from a grant, gift, or lease payment. Referendum language for the school construction project must include a description of the project, the estimated total cost of the project, the source of funding for the project, and any other relevant financial information about the project, as currently required by statute.

Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building (1) occurs while the building is being leased by the school district or (2) is paid with (A) funds derived from the sale or disposition of other buildings, land, or structures of the school district or (B) funds received (i) as a grant under the School Construction Law or (ii) as gifts or donations, provided that no funds to purchase, construct, or build such building, other than lease payments, are derived from the district's bonded indebtedness or the tax levy of the district.

Notwithstanding any of the foregoing, no referendum shall be required if the purchase, construction, or building of any such building is paid with funds received from the County School Facility Occupation Tax Law under Section 5-1006.7 of the Counties Code or from the proceeds of bonds or other debt obligations secured by revenues obtained from that Law.

(Source: P.A. 96-517, eff. 8-14-09; 97-542, eff. 8-23-11.)

Section 99. Effective date. This Act takes effect upon becoming law.