SB0464sam001 103RD GENERAL ASSEMBLY

Sen. Adriane Johnson

Filed: 4/9/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 464

2    AMENDMENT NO. ______. Amend Senate Bill 464 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
510-22.36 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
9or instructional purposes upon the approval of a majority of
10the voters upon the proposition at a referendum held for such
11purpose or in accordance with Section 17-2.11, 19-3.5, or
1219-3.10. The board may initiate such referendum by resolution.
13The board shall certify the resolution and proposition to the
14proper election authority for submission in accordance with
15the general election law.
16    The questions of building one or more new buildings for

 

 

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1school purposes or office facilities, and issuing bonds for
2the purpose of borrowing money to purchase one or more
3buildings or sites for such buildings or office sites, to
4build one or more new buildings for school purposes or office
5facilities or to make additions and improvements to existing
6school buildings, may be combined into one or more
7propositions on the ballot.
8    Before erecting, or purchasing or remodeling such a
9building the board shall submit the plans and specifications
10respecting heating, ventilating, lighting, seating, water
11supply, toilets and safety against fire to the regional
12superintendent of schools having supervision and control over
13the district, for approval in accordance with Section 2-3.12.
14    Notwithstanding any of the foregoing, no referendum shall
15be required if the purchase, construction, or building of any
16such building (1) occurs while the building is being leased by
17the school district or (2) is paid with (A) funds derived from
18the sale or disposition of other buildings, land, or
19structures of the school district or (B) funds received (i) as
20a grant under the School Construction Law or (ii) as gifts or
21donations, provided that no funds to purchase, construct, or
22build such building, other than lease payments, are derived
23from the district's bonded indebtedness or the tax levy of the
24district.
25    Notwithstanding any of the foregoing, no referendum shall
26be required if the purchase, construction, or building of any

 

 

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1such building is paid with funds received from the County
2School Facility and Resources Occupation Tax Law under Section
35-1006.7 of the Counties Code or from the proceeds of bonds or
4other debt obligations secured by revenues obtained from that
5Law.
6    Notwithstanding any of the foregoing, for Decatur School
7District Number 61, no referendum shall be required if at
8least 50% of the cost of the purchase, construction, or
9building of any such building is paid, or will be paid, with
10funds received or expected to be received as part of, or
11otherwise derived from, any COVID-19 pandemic relief program
12or funding source, including, but not limited to, Elementary
13and Secondary School Emergency Relief Fund grant proceeds.
14    (b) Notwithstanding the provisions of subsection (a), for
15any school district: (i) that is a tier 1 school, (ii) that has
16a population of less than 50,000 inhabitants, (iii) whose
17student population is between 5,800 and 6,300, (iv) in which
1857% to 62% of students are low-income, and (v) whose average
19district spending is between $10,000 to $12,000 per pupil,
20until July 1, 2025, no referendum shall be required if at least
2150% of the cost of the purchase, construction, or building of
22any such building is paid, or will be paid, with funds received
23or expected to be received as part of, or otherwise derived
24from, the federal Consolidated Appropriations Act and the
25federal American Rescue Plan Act of 2021.
26    For this subsection (b), the school board must hold at

 

 

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1least 2 public hearings, the sole purpose of which shall be to
2discuss the decision to construct a school building and to
3receive input from the community. The notice of each public
4hearing that sets forth the time, date, place, and name or
5description of the school building that the school board is
6considering constructing must be provided at least 10 days
7prior to the hearing by publication on the school board's
8Internet website.
9    (c) Notwithstanding the provisions of subsections
10subsection (a) and (b), for Cahokia Community Unit School
11District 187, no referendum shall be required for the lease of
12any building for school or educational purposes if the cost is
13paid or will be paid with funds available at the time of the
14lease in the district's existing fund balances to fund the
15lease of a building during the 2023-2024 or 2024-2025 school
16year.
17    For the purposes of this subsection (c), the school board
18must hold at least 2 public hearings, the sole purpose of which
19shall be to discuss the decision to lease a school building and
20to receive input from the community. The notice of each public
21hearing that sets forth the time, date, place, and name or
22description of the school building that the school board is
23considering leasing must be provided at least 10 days prior to
24the hearing by publication on the school district's website.
25    (d) (c) Notwithstanding the provisions of subsections
26subsection (a) and (b), for Bloomington School District 87, no

 

 

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1referendum shall be required for the purchase, construction,
2or building of any building for school or education purposes
3if such cost is paid, or will be paid with funds available at
4the time of contract, purchase, construction, or building in
5Bloomington School District Number 87's existing fund balances
6to fund the procurement or requisition of a building or site
7during the 2022-2023, 2023-2024, or 2024-2025 school year
8years.
9    For this subsection (d) (c), the school board must hold at
10least 2 public hearings, the sole purpose of which shall be to
11discuss the decision to construct a school building and to
12receive input from the community. The notice of each public
13hearing that sets forth the time, date, place, and name or
14description of the school building that the school board is
15considering constructing must be provided at least 10 days
16prior to the hearing by publication on the school board's
17website.
18    (e) Notwithstanding the provisions of subsection (a), for
19any school district: (i) that is designated as a Tier 1 or Tier
202 school district under Section 18-8.15, (ii) with at least
21one school that is located on federal property, (iii) whose
22overall student population is no more than 4,500 students and
23no less than 2,500 students, and (iv) that receives a federal
24Public Schools on Military Installations grant until June 30,
252030, no referendum shall be required if at least 75% of the
26cost of construction or building of any such building is paid

 

 

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1or will be paid with funds received or expected to be received
2from the Public Schools on Military Installations grant.
3    For this subsection (e), the school board must hold at
4least 2 public hearings, the sole purpose of which shall be to
5discuss the decision to construct a school building and to
6receive input from those community members in attendance. The
7notice of each public hearing that sets forth the time, date,
8place, and description of the school construction project must
9be provided at least 10 days prior to the hearing by
10publication on the school district's website.
11(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
12103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.".