Public Act 103-0509
 
SB2323 EnrolledLRB103 27620 RJT 53996 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 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.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law. 
  


Effective Date:  8/4/2023