Full Text of SB0464 103rd General Assembly
SB0464eng 103RD GENERAL ASSEMBLY | | | SB0464 Engrossed | | LRB103 02915 RJT 47921 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-22.36 as follows: | 6 | | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | 7 | | Sec. 10-22.36. Buildings for school purposes. | 8 | | (a) To build or purchase a building for school classroom | 9 | | or instructional purposes upon the approval of a majority of | 10 | | the voters upon the proposition at a referendum held for such | 11 | | purpose or in accordance with Section 17-2.11, 19-3.5, or | 12 | | 19-3.10. The board may initiate such referendum by resolution. | 13 | | The board shall certify the resolution and proposition to the | 14 | | proper election authority for submission in accordance with | 15 | | the general election law. | 16 | | The questions of building one or more new buildings for | 17 | | school purposes or office facilities, and issuing bonds for | 18 | | the purpose of borrowing money to purchase one or more | 19 | | buildings or sites for such buildings or office sites, to | 20 | | build one or more new buildings for school purposes or office | 21 | | facilities or to make additions and improvements to existing | 22 | | school buildings, may be combined into one or more | 23 | | propositions on the ballot. |
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| 1 | | Before erecting, or purchasing or remodeling such a | 2 | | building the board shall submit the plans and specifications | 3 | | respecting heating, ventilating, lighting, seating, water | 4 | | supply, toilets and safety against fire to the regional | 5 | | superintendent of schools having supervision and control over | 6 | | the district, for approval in accordance with Section 2-3.12. | 7 | | Notwithstanding any of the foregoing, no referendum shall | 8 | | be required if the purchase, construction, or building of any | 9 | | such building (1) occurs while the building is being leased by | 10 | | the school district or (2) is paid with (A) funds derived from | 11 | | the sale or disposition of other buildings, land, or | 12 | | structures of the school district or (B) funds received (i) as | 13 | | a grant under the School Construction Law or (ii) as gifts or | 14 | | donations, provided that no funds to purchase, construct, or | 15 | | build such building, other than lease payments, are derived | 16 | | from the district's bonded indebtedness or the tax levy of the | 17 | | district. | 18 | | Notwithstanding any of the foregoing, no referendum shall | 19 | | be required if the purchase, construction, or building of any | 20 | | such building is paid with funds received from the County | 21 | | School Facility and Resources Occupation Tax Law under Section | 22 | | 5-1006.7 of the Counties Code or from the proceeds of bonds or | 23 | | other debt obligations secured by revenues obtained from that | 24 | | Law. | 25 | | Notwithstanding any of the foregoing, for Decatur School | 26 | | District Number 61, no referendum shall be required if at |
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| 1 | | least 50% of the cost of the purchase, construction, or | 2 | | building of any such building is paid, or will be paid, with | 3 | | funds received or expected to be received as part of, or | 4 | | otherwise derived from, any COVID-19 pandemic relief program | 5 | | or funding source, including, but not limited to, Elementary | 6 | | and Secondary School Emergency Relief Fund grant proceeds. | 7 | | (b) Notwithstanding the provisions of subsection (a), for | 8 | | any school district: (i) that is a tier 1 school, (ii) that has | 9 | | a population of less than 50,000 inhabitants, (iii) whose | 10 | | student population is between 5,800 and 6,300, (iv) in which | 11 | | 57% to 62% of students are low-income, and (v) whose average | 12 | | district spending is between $10,000 to $12,000 per pupil, | 13 | | until July 1, 2025, no referendum shall be required if at least | 14 | | 50% of the cost of the purchase, construction, or building of | 15 | | any such building is paid, or will be paid, with funds received | 16 | | or expected to be received as part of, or otherwise derived | 17 | | from, the federal Consolidated Appropriations Act and the | 18 | | federal American Rescue Plan Act of 2021. | 19 | | For this subsection (b), the school board must hold at | 20 | | least 2 public hearings, the sole purpose of which shall be to | 21 | | discuss the decision to construct a school building and to | 22 | | receive input from the community. The notice of each public | 23 | | hearing that sets forth the time, date, place, and name or | 24 | | description of the school building that the school board is | 25 | | considering constructing must be provided at least 10 days | 26 | | prior to the hearing by publication on the school board's |
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| 1 | | Internet website. | 2 | | (c) Notwithstanding the provisions of subsections | 3 | | subsection (a) and (b), for Cahokia Community Unit School | 4 | | District 187, no referendum shall be required for the lease of | 5 | | any building for school or educational purposes if the cost is | 6 | | paid or will be paid with funds available at the time of the | 7 | | lease in the district's existing fund balances to fund the | 8 | | lease of a building during the 2023-2024 or 2024-2025 school | 9 | | year. | 10 | | For the purposes of this subsection (c), the school board | 11 | | must hold at least 2 public hearings, the sole purpose of which | 12 | | shall be to discuss the decision to lease a school building and | 13 | | to receive input from the community. The notice of each public | 14 | | hearing that sets forth the time, date, place, and name or | 15 | | description of the school building that the school board is | 16 | | considering leasing must be provided at least 10 days prior to | 17 | | the hearing by publication on the school district's website. | 18 | | (d) (c) Notwithstanding the provisions of subsections | 19 | | subsection (a) and (b), for Bloomington School District 87, no | 20 | | referendum shall be required for the purchase, construction, | 21 | | or building of any building for school or education purposes | 22 | | if such cost is paid , or will be paid with funds available at | 23 | | the time of contract, purchase, construction, or building in | 24 | | Bloomington School District Number 87's existing fund balances | 25 | | to fund the procurement or requisition of a building or site | 26 | | during the 2022-2023, 2023-2024, or 2024-2025 school year |
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| 1 | | years . | 2 | | For this subsection (d) (c) , the school board must hold at | 3 | | least 2 public hearings, the sole purpose of which shall be to | 4 | | discuss the decision to construct a school building and to | 5 | | receive input from the community. The notice of each public | 6 | | hearing that sets forth the time, date, place, and name or | 7 | | description of the school building that the school board is | 8 | | considering constructing must be provided at least 10 days | 9 | | prior to the hearing by publication on the school board's | 10 | | website. | 11 | | (e) Notwithstanding the provisions of subsection (a), for | 12 | | any school district: (i) that is designated as a Tier 1 or Tier | 13 | | 2 school district under Section 18-8.15, (ii) with at least | 14 | | one school that is located on federal property, (iii) whose | 15 | | overall student population is no more than 4,500 students and | 16 | | no less than 2,500 students, and (iv) that receives a federal | 17 | | Public Schools on Military Installations grant until June 30, | 18 | | 2030, no referendum shall be required if at least 75% of the | 19 | | cost of construction or building of any such building is paid | 20 | | or will be paid with funds received or expected to be received | 21 | | from the Public Schools on Military Installations grant. | 22 | | For this subsection (e), the school board must hold at | 23 | | least 2 public hearings, the sole purpose of which shall be to | 24 | | discuss the decision to construct a school building and to | 25 | | receive input from those community members in attendance. The | 26 | | notice of each public hearing that sets forth the time, date, |
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| 1 | | place, and description of the school construction project must | 2 | | be provided at least 10 days prior to the hearing by | 3 | | publication on the school district's website. | 4 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; | 5 | | 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.) | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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