Full Text of SB2323 103rd General Assembly
SB2323enr 103RD GENERAL ASSEMBLY |
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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 subsection (a) and | 3 | | (b), for Bloomington School District 87, no referendum shall | 4 | | be required for the purchase, construction, or building of any | 5 | | building for school or education purposes if such cost is | 6 | | paid, or will be paid with funds available at the time of | 7 | | contract, purchase, construction, or building in Bloomington | 8 | | School District Number 87's existing fund balances to fund the | 9 | | procurement or requisition of a building or site during the | 10 | | 2022-2023, 2023-2024, or 2024-2025 school years. | 11 | | For this subsection (c), the school board must hold at | 12 | | least 2 public hearings, the sole purpose of which shall be to | 13 | | discuss the decision to construct a school building and to | 14 | | receive input from the community. The notice of each public | 15 | | hearing that sets forth the time, date, place, and name or | 16 | | description of the school building that the school board is | 17 | | considering constructing must be provided at least 10 days | 18 | | prior to the hearing by publication on the school board's | 19 | | website. | 20 | | (Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; | 21 | | 102-699, eff. 7-1-22.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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