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| Public Act 103-0509 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
10-22.36 as follows:
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(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
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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.
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The board shall certify the resolution and proposition to the | ||||
proper
election authority for submission in accordance with | ||||
the general election law.
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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.
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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.
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Notwithstanding any of the foregoing, no referendum shall | ||
be required
if the purchase, construction, or building of any
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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
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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
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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.
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(c) Notwithstanding the provisions of 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 years. | ||
For 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 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. | ||
(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21; | ||
102-699, eff. 7-1-22.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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