Public Act 103-0878
 
SB0464 EnrolledLRB103 02915 RJT 47921 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 
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.
    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 and Resources 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. 
    Notwithstanding any of the foregoing, for Decatur School 
District Number 61, no referendum shall be required if at 
least 50% of the cost of the purchase, construction, or 
building of any such building is paid, or will be paid, with 
funds received or expected to be received as part of, or 
otherwise derived from, any COVID-19 pandemic relief program 
or funding source, including, but not limited to, Elementary 
and Secondary School Emergency Relief Fund grant proceeds. 
    (b) Notwithstanding the provisions of subsection (a), for 
any school district: (i) that is a tier 1 school, (ii) that has 
a population of less than 50,000 inhabitants, (iii) whose 
student population is between 5,800 and 6,300, (iv) in which 
57% to 62% of students are low-income, and (v) whose average 
district spending is between $10,000 to $12,000 per pupil, 
until July 1, 2025, no referendum shall be required if at least 
50% of the cost of the purchase, construction, or building of 
any such building is paid, or will be paid, with funds received 
or expected to be received as part of, or otherwise derived 
from, the federal Consolidated Appropriations Act and the 
federal American Rescue Plan Act of 2021.
    For this subsection (b), the school board must hold at 
least 2 public hearings, the sole purpose of which shall be to 
discuss the decision to construct a school building and to 
receive input from the community. The notice of each public 
hearing that sets forth the time, date, place, and name or 
description of the school building that the school board is 
considering constructing must be provided at least 10 days 
prior to the hearing by publication on the school board's 
Internet website. 
    (c) Notwithstanding the provisions of subsections 
subsection (a) and (b), for Cahokia Community Unit School 
District 187, no referendum shall be required for the lease of 
any building for school or educational purposes if the cost is 
paid or will be paid with funds available at the time of the 
lease in the district's existing fund balances to fund the 
lease of a building during the 2023-2024 or 2024-2025 school 
year. 
    For the purposes of this subsection (c), the school board 
must hold at least 2 public hearings, the sole purpose of which 
shall be to discuss the decision to lease a school building and 
to receive input from the community. The notice of each public 
hearing that sets forth the time, date, place, and name or 
description of the school building that the school board is 
considering leasing must be provided at least 10 days prior to 
the hearing by publication on the school district's website. 
    (d) (c) Notwithstanding the provisions of subsections 
subsection (a) and (b), for Bloomington School District 87, no 
referendum shall be required for the purchase, construction, 
or building of any building for school or education purposes 
if such cost is paid, or will be paid with funds available at 
the time of contract, purchase, construction, or building in 
Bloomington School District Number 87's existing fund balances 
to fund the procurement or requisition of a building or site 
during the 2022-2023, 2023-2024, or 2024-2025 school year 
years. 
    For this subsection (d) (c), the school board must hold at 
least 2 public hearings, the sole purpose of which shall be to 
discuss the decision to construct a school building and to 
receive input from the community. The notice of each public 
hearing that sets forth the time, date, place, and name or 
description of the school building that the school board is 
considering constructing must be provided at least 10 days 
prior to the hearing by publication on the school board's 
website. 
    (e) Notwithstanding the provisions of subsection (a), for 
any school district: (i) that is designated as a Tier 1 or Tier 
2 school district under Section 18-8.15, (ii) with at least 
one school that is located on federal property, (iii) whose 
overall student population is no more than 4,500 students and 
no less than 2,500 students, and (iv) that receives a federal 
Public Schools on Military Installations grant until June 30, 
2030, no referendum shall be required if at least 75% of the 
cost of construction or building of any such building is paid 
or will be paid with funds received or expected to be received 
from the Public Schools on Military Installations grant.
    For this subsection (e), the school board must hold at 
least 2 public hearings, the sole purpose of which shall be to 
discuss the decision to construct a school building and to 
receive input from those community members in attendance. The 
notice of each public hearing that sets forth the time, date, 
place, and description of the school construction project must 
be provided at least 10 days prior to the hearing by 
publication on the school district's website. 
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; 
103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.