Bill Text: IL SB0464 | 2023-2024 | 103rd General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the School Boards Article of the School Code. In provisions requiring referendum approval to build or purchase a school building, provides that for any school district: (i) that is designated as a Tier 1 or Tier 2 school district under the evidence-based funding provisions of the Code, (ii) with at least one school that is located on federal property, (iii) whose overall student population is no more than 4,500 students and no less than 2,500 students, and (iv) that receives a federal Public Schools on Military Installations grant until June 30, 2030, no referendum shall be required if at least 75% of the cost of construction or building of any such building is paid or will be paid with funds received or expected to be received from the Public Schools on Military Installations grant. Provides that 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 those community members in attendance. Provides that the notice of each public hearing that sets forth the time, date, place, and description of the school construction project must be provided at least 10 days prior to the hearing by publication on the school district's website. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 12-4)

Status: (Passed) 2024-08-09 - Public Act . . . . . . . . . 103-0878 [SB0464 Detail]

Download: Illinois-2023-SB0464-Enrolled.html

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1 AN ACT concerning education.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17school purposes or office facilities, and issuing bonds for
18the purpose of borrowing money to purchase one or more
19buildings or sites for such buildings or office sites, to
20build one or more new buildings for school purposes or office
21facilities or to make additions and improvements to existing
22school buildings, may be combined into one or more
23propositions on the ballot.

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1 Before erecting, or purchasing or remodeling such a
2building the board shall submit the plans and specifications
3respecting heating, ventilating, lighting, seating, water
4supply, toilets and safety against fire to the regional
5superintendent of schools having supervision and control over
6the district, for approval in accordance with Section 2-3.12.
7 Notwithstanding any of the foregoing, no referendum shall
8be required if the purchase, construction, or building of any
9such building (1) occurs while the building is being leased by
10the school district or (2) is paid with (A) funds derived from
11the sale or disposition of other buildings, land, or
12structures of the school district or (B) funds received (i) as
13a grant under the School Construction Law or (ii) as gifts or
14donations, provided that no funds to purchase, construct, or
15build such building, other than lease payments, are derived
16from the district's bonded indebtedness or the tax levy of the
17district.
18 Notwithstanding any of the foregoing, no referendum shall
19be required if the purchase, construction, or building of any
20such building is paid with funds received from the County
21School Facility and Resources Occupation Tax Law under Section
225-1006.7 of the Counties Code or from the proceeds of bonds or
23other debt obligations secured by revenues obtained from that
24Law.
25 Notwithstanding any of the foregoing, for Decatur School
26District Number 61, no referendum shall be required if at

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1least 50% of the cost of the purchase, construction, or
2building of any such building is paid, or will be paid, with
3funds received or expected to be received as part of, or
4otherwise derived from, any COVID-19 pandemic relief program
5or funding source, including, but not limited to, Elementary
6and Secondary School Emergency Relief Fund grant proceeds.
7 (b) Notwithstanding the provisions of subsection (a), for
8any school district: (i) that is a tier 1 school, (ii) that has
9a population of less than 50,000 inhabitants, (iii) whose
10student population is between 5,800 and 6,300, (iv) in which
1157% to 62% of students are low-income, and (v) whose average
12district spending is between $10,000 to $12,000 per pupil,
13until July 1, 2025, no referendum shall be required if at least
1450% of the cost of the purchase, construction, or building of
15any such building is paid, or will be paid, with funds received
16or expected to be received as part of, or otherwise derived
17from, the federal Consolidated Appropriations Act and the
18federal American Rescue Plan Act of 2021.
19 For this subsection (b), the school board must hold at
20least 2 public hearings, the sole purpose of which shall be to
21discuss the decision to construct a school building and to
22receive input from the community. The notice of each public
23hearing that sets forth the time, date, place, and name or
24description of the school building that the school board is
25considering constructing must be provided at least 10 days
26prior to the hearing by publication on the school board's

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1Internet website.
2 (c) Notwithstanding the provisions of subsections
3subsection (a) and (b), for Cahokia Community Unit School
4District 187, no referendum shall be required for the lease of
5any building for school or educational purposes if the cost is
6paid or will be paid with funds available at the time of the
7lease in the district's existing fund balances to fund the
8lease of a building during the 2023-2024 or 2024-2025 school
9year.
10 For the purposes of this subsection (c), the school board
11must hold at least 2 public hearings, the sole purpose of which
12shall be to discuss the decision to lease a school building and
13to receive input from the community. The notice of each public
14hearing that sets forth the time, date, place, and name or
15description of the school building that the school board is
16considering leasing must be provided at least 10 days prior to
17the hearing by publication on the school district's website.
18 (d) (c) Notwithstanding the provisions of subsections
19subsection (a) and (b), for Bloomington School District 87, no
20referendum shall be required for the purchase, construction,
21or building of any building for school or education purposes
22if such cost is paid, or will be paid with funds available at
23the time of contract, purchase, construction, or building in
24Bloomington School District Number 87's existing fund balances
25to fund the procurement or requisition of a building or site
26during the 2022-2023, 2023-2024, or 2024-2025 school year

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1years.
2 For this subsection (d) (c), the school board must hold at
3least 2 public hearings, the sole purpose of which shall be to
4discuss the decision to construct a school building and to
5receive input from the community. The notice of each public
6hearing that sets forth the time, date, place, and name or
7description of the school building that the school board is
8considering constructing must be provided at least 10 days
9prior to the hearing by publication on the school board's
10website.
11 (e) Notwithstanding the provisions of subsection (a), for
12any school district: (i) that is designated as a Tier 1 or Tier
132 school district under Section 18-8.15, (ii) with at least
14one school that is located on federal property, (iii) whose
15overall student population is no more than 4,500 students and
16no less than 2,500 students, and (iv) that receives a federal
17Public Schools on Military Installations grant until June 30,
182030, no referendum shall be required if at least 75% of the
19cost of construction or building of any such building is paid
20or will be paid with funds received or expected to be received
21from the Public Schools on Military Installations grant.
22 For this subsection (e), the school board must hold at
23least 2 public hearings, the sole purpose of which shall be to
24discuss the decision to construct a school building and to
25receive input from those community members in attendance. The
26notice of each public hearing that sets forth the time, date,

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1place, and description of the school construction project must
2be provided at least 10 days prior to the hearing by
3publication on the school district's website.
4(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22;
5103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.)
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