Full Text of HB2145 101st General Assembly
HB2145ham001 101ST GENERAL ASSEMBLY | Rep. Amy Grant Filed: 3/27/2019
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| 1 | | AMENDMENT TO HOUSE BILL 2145
| 2 | | AMENDMENT NO. ______. Amend House Bill 2145 by replacing | 3 | | everything after the enacting clause with the following:
| 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 or
| 9 | | instructional purposes upon the approval of a majority of the | 10 | | 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 the | 15 | | general election law.
| 16 | | The questions of building one or more new buildings for |
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| 1 | | school
purposes or office facilities, and issuing bonds for the | 2 | | purpose of
borrowing money to purchase one or more buildings or | 3 | | sites for such
buildings or office sites, to build one or more | 4 | | new buildings for school
purposes or office facilities or to | 5 | | make additions and improvements to
existing school buildings, | 6 | | may be combined into one or more propositions
on the ballot.
| 7 | | Before erecting, or purchasing or remodeling such a | 8 | | building the
board shall submit the plans and specifications | 9 | | respecting heating,
ventilating, lighting, seating, water | 10 | | supply, toilets and safety against
fire to the regional | 11 | | superintendent of schools having supervision and
control over | 12 | | the district, for approval in accordance with Section 2-3.12.
| 13 | | (b) Notwithstanding any other provision of law to the | 14 | | contrary, referendum approval is required for all school | 15 | | construction projects involving the construction of a new | 16 | | building for educational purposes begun on or after the | 17 | | effective date of this amendatory Act of the 101st General | 18 | | Assembly, including, but not limited to, (i) projects with | 19 | | funding derived from the school district's bonded indebtedness | 20 | | or tax levy or any other taxes, revenues, or debt instruments, | 21 | | (ii) projects that involve a building being leased by the | 22 | | school district, (iii) projects with funding derived from the | 23 | | sale or disposition of other property, or (iv) projects with | 24 | | funding received from a grant, gift, or lease payment. | 25 | | Referendum language for the school construction project must | 26 | | include a description of the project, the estimated total cost |
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| 1 | | of the project, the source of funding for the project, and any | 2 | | other relevant financial information about the project, as | 3 | | currently required by statute. | 4 | | Notwithstanding any of the foregoing, except for a school | 5 | | construction project involving the construction of a new | 6 | | building for educational purposes begun on or after the | 7 | | effective date of this amendatory Act of the 101st General | 8 | | Assembly, no referendum shall be required
if the purchase, | 9 | | construction, or building of any
such
building (1) occurs while | 10 | | the building is being
leased by the school district or (2) is | 11 | | paid with (A) funds
derived from the sale or disposition of | 12 | | other buildings, land, or
structures of the school district or | 13 | | (B) funds received (i) as a
grant under the
School Construction | 14 | | Law or (ii) as gifts or donations,
provided that no funds to | 15 | | purchase, construct, or build such building, other than lease
| 16 | | payments, are
derived from the district's bonded indebtedness | 17 | | or the tax levy of
the
district. | 18 | | Notwithstanding any of the foregoing, except for a school | 19 | | construction project involving the construction of a new | 20 | | building for educational purposes begun on or after the | 21 | | effective date of this amendatory Act of the 101st General | 22 | | Assembly, no referendum shall be required if the purchase, | 23 | | construction, or building of any such building is paid with | 24 | | funds received from the County School Facility Occupation Tax | 25 | | Law under Section 5-1006.7 of the Counties Code or from the | 26 | | proceeds of bonds or other debt obligations secured by revenues |
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| 1 | | obtained from that Law.
| 2 | | (Source: P.A. 96-517, eff. 8-14-09; 97-542, eff. 8-23-11.)
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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