Bill Text: IL SB2323 | 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 concerning buildings for school purposes, provides that, 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 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 year. 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 the community. Provides that 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. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 3-1)

Status: (Passed) 2024-04-17 - Added as Co-Sponsor Sen. Ram Villivalam [SB2323 Detail]

Download: Illinois-2023-SB2323-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 subsection (a) and
3(b), for Bloomington School District 87, no referendum shall
4be required for the purchase, construction, or building of any
5building for school or education purposes if such cost is
6paid, or will be paid with funds available at the time of
7contract, purchase, construction, or building in Bloomington
8School District Number 87's existing fund balances to fund the
9procurement or requisition of a building or site during the
102022-2023, 2023-2024, or 2024-2025 school years.
11 For this subsection (c), the school board must hold at
12least 2 public hearings, the sole purpose of which shall be to
13discuss the decision to construct a school building and to
14receive input from the community. The notice of each public
15hearing that sets forth the time, date, place, and name or
16description of the school building that the school board is
17considering constructing must be provided at least 10 days
18prior to the hearing by publication on the school board's
19website.
20(Source: P.A. 101-455, eff. 8-23-19; 102-16, eff. 6-17-21;
21102-699, eff. 7-1-22.)
22 Section 99. Effective date. This Act takes effect upon
23becoming law.
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