HB2145ham001 101ST GENERAL ASSEMBLY

Rep. Amy Grant

Filed: 3/27/2019

10100HB2145ham001 LRB101 09714 AXK 57814 a

AMENDMENT TO HOUSE BILL 2145

AMENDMENT NO. ______. Amend House Bill 2145 by replacing everything after the enacting clause with the following:

"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.

(b) Notwithstanding any other provision of law to the contrary, referendum approval is required for all school construction projects involving the construction of a new building for educational purposes begun on or after the effective date of this amendatory Act of the 101st General Assembly, including, but not limited to, (i) projects with funding derived from the school district's bonded indebtedness or tax levy or any other taxes, revenues, or debt instruments, (ii) projects that involve a building being leased by the school district, (iii) projects with funding derived from the sale or disposition of other property, or (iv) projects with funding received from a grant, gift, or lease payment. Referendum language for the school construction project must include a description of the project, the estimated total cost of the project, the source of funding for the project, and any other relevant financial information about the project, as currently required by statute.

Notwithstanding any of the foregoing, except for a school construction project involving the construction of a new building for educational purposes begun on or after the effective date of this amendatory Act of the 101st General Assembly, 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, except for a school construction project involving the construction of a new building for educational purposes begun on or after the effective date of this amendatory Act of the 101st General Assembly, 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 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.

(Source: P.A. 96-517, eff. 8-14-09; 97-542, eff. 8-23-11.)

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