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91_SB0933eng
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1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Statute on Statutes is amended by
5 changing Section 8 as follows:
6 (5 ILCS 70/8) (from Ch. 1, par. 1107)
7 Sec. 8. Omnibus Bond Acts.
8 (a) A citation to the Omnibus Bond Acts is a citation to
9 all of the following Acts, collectively, as amended from time
10 to time: the Bond Authorization Act, the Registered Bond
11 Act, the Municipal Bond Reform Act, the Local Government Debt
12 Reform Act, subsection (a) of Section 1-7 of the Property Tax
13 Extension Limitation Act, subsection (a) of Section 18-190 of
14 the Property Tax Code, the Uniform Facsimile Signature of
15 Public Officials Act, the Local Government Bond Validity Act,
16 the Illinois Development Finance Authority Act, the Public
17 Funds Investment Act, the Local Government Credit Enhancement
18 Act, the Local Government Defeasance of Debt Law, the
19 Intergovernmental Cooperation Act, the Local Government
20 Financial Planning and Supervision Act, the Special
21 Assessment Supplemental Bond and Procedure Act, Section 12-5
22 of the Election Code, and any similar Act granting additional
23 omnibus bond powers to governmental entities generally,
24 whether enacted before, on, or after the effective date of
25 this amendatory Act of 1989.
26 (b) The General Assembly recognizes that the
27 proliferation of governmental entities has resulted in the
28 enactment of hundreds of statutory provisions relating to the
29 borrowing and other powers of governmental entities. The
30 General Assembly addresses and has addressed problems common
31 to all such governmental entities so that they have equal
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1 access to the municipal bond market. It has been, and will
2 continue to be, the intention of the General Assembly to
3 enact legislation applicable to governmental entities in an
4 omnibus fashion, as has been done in the provisions of the
5 Omnibus Bond Acts.
6 (c) It is and always has been the intention of the
7 General Assembly that the Omnibus Bond Acts are and always
8 have been supplementary grants of power, cumulative in nature
9 and in addition to any power or authority granted in any
10 other laws of the State. The Omnibus Bond Acts are
11 supplementary grants of power when applied in connection with
12 any similar grant of power or limitation contained in any
13 other law of the State, whether or not the other law is
14 enacted or amended after an Omnibus Bond Act or appears to be
15 more restrictive than an Omnibus Bond Act, unless the General
16 Assembly expressly declares in such other law that a
17 specifically named Omnibus Bond Act does not apply.
18 (d) All instruments providing for the payment of money
19 executed by or on behalf of any governmental entity organized
20 by or under the laws of this State, including without
21 limitation the State, to carry out a public governmental or
22 proprietary function, acting through its corporate
23 authorities, or which any governmental entity has assumed or
24 agreed to pay, which were:
25 (1) issued or authorized to be issued by
26 proceedings adopted by such corporate authorities before
27 the effective date of this amendatory Act of 1989;
28 (2) issued or authorized to be issued in accordance
29 with the procedures set forth in or pursuant to any
30 authorization contained in any of the Omnibus Bond Acts;
31 and
32 (3) issued or authorized to be issued for any
33 purpose authorized by the laws of this State, are valid
34 and legally binding obligations of the governmental
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1 entity issuing such instruments, payable in accordance
2 with their terms.
3 (Source: P.A. 90-480, eff. 8-17-97.)
4 Section 10. The Election Code is amended by changing
5 Section 12-5 as follows:
6 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
7 Sec. 12-5. Notice for public questions. For all
8 elections held after July 1, 1999, notice of public questions
9 shall be required only as set forth in this Section. Not
10 more than 30 days nor less than 10 days before the date of a
11 regular election at which a public question is to be
12 submitted to the voters of a political or governmental
13 subdivision, and at least 20 days before an emergency
14 referendum, the election authority shall publish notice of
15 the referendum. The notice shall be published once in a
16 local, community newspaper having general circulation in the
17 political or governmental subdivision. The notice shall also
18 be given at least 10 days before the date of the election by
19 posting a copy of the notice at the principal office of the
20 election authority. The local election official shall also
21 post a copy of the notice at the principal office of the
22 political or governmental subdivision, or if there is no
23 principal office at the building in which the governing body
24 of the political or governmental subdivision held its first
25 meeting of the calendar year in which the referendum is being
26 held. The election authority and the political or
27 governmental subdivision may, but are not required to, post
28 the notice electronically on their World Wide Web pages. The
29 notice, which shall appear over the name or title of the
30 election authority, shall be substantially in the following
31 form:
32 NOTICE IS HEREBY GIVEN that at the election to be
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1 held on (insert day of the week), (insert date of
2 election), the following proposition will be submitted to
3 the voters of (name of political or governmental
4 subdivision):
5 (insert the public question as it will appear on the
6 ballot)
7 The polls at the election will be open at 6:00
8 o'clock A.M. and will continue to be open until 7:00
9 o'clock P.M. of that day.
10 Dated (date of notice)
11 (Name or title of the election authority)
12 The notice shall also include any additional information
13 required by the statute authorizing the public question. The
14 notice shall set forth the precincts and polling places at
15 which the referendum will be conducted only in the case of
16 emergency referenda.
17 Not more than 30 nor less than 10 days prior to the date
18 of a regular election at which a public question is to be
19 submitted to the voters of a political subdivision, and at
20 least 20 days prior to an emergency referendum, the election
21 authority shall publish notice of the referendum. The
22 publication requirements shall be as provided in Section 12-4
23 for notice of election of officers of the political
24 subdivision. However, notice of a referendum shall include
25 the public question as it will appear on the ballot and any
26 additional information required by the statute authorizing
27 the public question. Such notice shall enumerate the
28 precincts and polling places at which the referendum will be
29 conducted only in the case of emergency referenda.
30 (Source: P.A. 81-963.)
31 Section 15. The Local Government Debt Reform Act is
32 amended by changing Section 15 as follows:
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1 (30 ILCS 350/15) (from Ch. 17, par. 6915)
2 Sec. 15. Double-barrelled bonds. Whenever revenue bonds
3 have been authorized to be issued pursuant to applicable law
4 or whenever there exists for a governmental unit a revenue
5 source, the procedures set forth in this Section may be used
6 by a governing body. General obligation bonds may be issued
7 in lieu of such revenue bonds as authorized, and general
8 obligation bonds may be issued payable from any revenue
9 source. Such general obligation bonds may be referred to as
10 "alternate bonds". Alternate bonds may be issued without any
11 referendum or backdoor referendum except as provided in this
12 Section, upon the terms provided in Section 10 of this Act
13 without reference to other provisions of law, but only upon
14 the conditions provided in this Section. Alternate bonds
15 shall not be regarded as or included in any computation of
16 indebtedness for the purpose of any statutory provision or
17 limitation except as expressly provided in this Section.
18 Such conditions are:
19 (a) Alternate bonds shall be issued for a lawful
20 corporate purpose. If issued in lieu of revenue bonds,
21 alternate bonds shall be issued for the purposes for which
22 such revenue bonds shall have been authorized. If issued
23 payable from a revenue source in the manner hereinafter
24 provided, which revenue source is limited in its purposes or
25 applications, then the alternate bonds shall be issued only
26 for such limited purposes or applications. Alternate bonds
27 may be issued payable from either enterprise revenues or
28 revenue sources, or both.
29 (b) Alternate bonds shall be subject to backdoor
30 referendum. The provisions of Section 5 of this Act shall
31 apply to such backdoor referendum, together with the
32 provisions hereof. The authorizing ordinance shall be
33 published in a newspaper of general circulation in the
34 governmental unit. Along with or as part of the authorizing
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1 ordinance, there shall be published a notice of (1) the
2 specific number of voters required to sign a petition
3 requesting that the issuance of the alternate bonds be
4 submitted to referendum, (2) the time when such petition must
5 be filed, (3) the date of the prospective referendum, and
6 (4), with respect to authorizing ordinances adopted on or
7 after January 1, 1991, a statement that identifies any
8 revenue source that will be used to pay the principal of and
9 interest on the alternate bonds. The clerk or secretary of
10 the governmental unit shall make a petition form available to
11 anyone requesting one. If no petition is filed with the
12 clerk or secretary within 30 days of publication of the
13 authorizing ordinance and notice, the alternate bonds shall
14 be authorized to be issued. But if within this 30 days
15 period, a petition is filed with such clerk or secretary
16 signed by electors numbering the greater of (i) 7.5% of the
17 registered voters in the governmental unit or (ii) 200 of
18 those registered voters or 15% of those registered voters,
19 whichever is less, asking that the issuance of such alternate
20 bonds be submitted to referendum, the clerk or secretary
21 shall certify such question for submission at an election
22 held in accordance with the general election law. The
23 question on the ballot shall include a statement of any
24 revenue source that will be used to pay the principal of and
25 interest on the alternate bonds. The alternate bonds shall be
26 authorized to be issued if a majority of the votes cast on
27 the question at such election are in favor thereof provided
28 that notice of the bond referendum, if heretofore or
29 hereafter held before July 1, 1999, has been or shall be
30 given in accordance with the provisions of Section 12-5 of
31 the Election Code in effect at the time of the bond
32 referendum, at least 10 and not more than 45 days before the
33 date of the election, notwithstanding the time for
34 publication otherwise imposed by Section 12-5. Notices
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1 required in connection with the submission of public
2 questions on or after July 1, 1999 shall be as set forth in
3 Section 12-5 of the Election Code. Backdoor referendum
4 proceedings for bonds and alternate bonds to be issued in
5 lieu of such bonds may be conducted at the same time.
6 (c) To the extent payable from enterprise revenues, such
7 revenues shall have been determined by the governing body to
8 be sufficient to provide for or pay in each year to final
9 maturity of such alternate bonds all of the following: (1)
10 costs of operation and maintenance of the utility or
11 enterprise, but not including depreciation, (2) debt service
12 on all outstanding revenue bonds payable from such enterprise
13 revenues, (3) all amounts required to meet any fund or
14 account requirements with respect to such outstanding revenue
15 bonds, (4) other contractual or tort liability obligations,
16 if any, payable from such enterprise revenues, and (5) in
17 each year, an amount not less than 1.25 times debt service of
18 all (i) alternate bonds payable from such enterprise revenues
19 previously issued and outstanding and (ii) alternate bonds
20 proposed to be issued. To the extent payable from one or
21 more revenue sources, such sources shall have been determined
22 by the governing body to provide in each year, an amount not
23 less than 1.25 times debt service of all alternate bonds
24 payable from such revenue sources previously issued and
25 outstanding and alternate bonds proposed to be issued. The
26 conditions enumerated in this subsection (c) need not be met
27 for that amount of debt service provided for by the setting
28 aside of proceeds of bonds or other moneys at the time of the
29 delivery of such bonds.
30 (d) The determination of the sufficiency of enterprise
31 revenues or a revenue source, as applicable, shall be
32 supported by reference to the most recent audit of the
33 governmental unit, which shall be for a fiscal year ending
34 not earlier than 18 months previous to the time of issuance
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1 of the alternate bonds. If such audit does not adequately
2 show such enterprise revenues or revenue source, as
3 applicable, or if such enterprise revenues or revenue source,
4 as applicable, are shown to be insufficient, then the
5 determination of sufficiency shall be supported by the report
6 of an independent accountant or feasibility analyst having a
7 national reputation for expertise in such matters,
8 demonstrating the sufficiency of such revenues and
9 explaining, if appropriate, by what means the revenues will
10 be greater than as shown in the audit. Whenever such
11 sufficiency is demonstrated by reference to a schedule of
12 higher rates or charges for enterprise revenues or a higher
13 tax imposition for a revenue source, such higher rates,
14 charges or taxes shall have been properly imposed by an
15 ordinance adopted prior to the time of delivery of alternate
16 bonds. The reference to and acceptance of an audit or
17 report, as the case may be, and the determination of the
18 governing body as to sufficiency of enterprise revenues or a
19 revenue source shall be conclusive evidence that the
20 conditions of this Section have been met and that the
21 alternate bonds are valid.
22 (e) The enterprise revenues or revenue source, as
23 applicable, shall be in fact pledged to the payment of the
24 alternate bonds; and the governing body shall covenant, to
25 the extent it is empowered to do so, to provide for, collect
26 and apply such enterprise revenues or revenue source, as
27 applicable, to the payment of the alternate bonds and the
28 provision of not less than an additional .25 times debt
29 service. The pledge and establishment of rates or charges
30 for enterprise revenues, or the imposition of taxes in a
31 given rate or amount, as provided in this Section for
32 alternate bonds, shall constitute a continuing obligation of
33 the governmental unit with respect to such establishment or
34 imposition and a continuing appropriation of the amounts
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1 received. All covenants relating to alternate bonds and the
2 conditions and obligations imposed by this Section are
3 enforceable by any bondholder of alternate bonds affected,
4 any taxpayer of the governmental unit, and the People of the
5 State of Illinois acting through the Attorney General or any
6 designee, and in the event that any such action results in an
7 order finding that the governmental unit has not properly set
8 rates or charges or imposed taxes to the extent it is
9 empowered to do so or collected and applied enterprise
10 revenues or any revenue source, as applicable, as required by
11 this Act, the plaintiff in any such action shall be awarded
12 reasonable attorney's fees. The intent is that such
13 enterprise revenues or revenue source, as applicable, shall
14 be sufficient and shall be applied to the payment of debt
15 service on such alternate bonds so that taxes need not be
16 levied, or if levied need not be extended, for such payment.
17 Nothing in this Section shall inhibit or restrict the
18 authority of a governing body to determine the lien priority
19 of any bonds, including alternate bonds, which may be issued
20 with respect to any enterprise revenues or revenue source.
21 In the event that alternate bonds shall have been issued
22 and taxes, other than a designated revenue source, shall have
23 been extended pursuant to the general obligation, full faith
24 and credit promise supporting such alternate bonds, then the
25 amount of such alternate bonds then outstanding shall be
26 included in the computation of indebtedness of the
27 governmental unit for purposes of all statutory provisions or
28 limitations until such time as an audit of the governmental
29 unit shall show that the alternate bonds have been paid from
30 the enterprise revenues or revenue source, as applicable,
31 pledged thereto for a complete fiscal year.
32 Alternate bonds may be issued to refund or advance refund
33 alternate bonds without meeting any of the conditions set
34 forth in this Section, except that the term of the refunding
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1 bonds shall not be longer than the term of the refunded bonds
2 and that the debt service payable in any year on the
3 refunding bonds shall not exceed the debt service payable in
4 such year on the refunded bonds.
5 Once issued, alternate bonds shall be and forever remain
6 until paid or defeased the general obligation of the
7 governmental unit, for the payment of which its full faith
8 and credit are pledged, and shall be payable from the levy of
9 taxes as is provided in this Act for general obligation
10 bonds.
11 The changes made by this amendatory Act of 1990 do not
12 affect the validity of bonds authorized before September 1,
13 1990.
14 (Source: P.A. 90-812, eff. 1-26-99.)
15 Section 20. The Property Tax Code is amended by changing
16 Sections 18-205 and 18-210 as follows:
17 (35 ILCS 200/18-205)
18 Sec. 18-205. Referendum to increase the extension
19 limitation. A taxing district is limited to an extension
20 increase of 5% or the percentage increase in the Consumer
21 Price Index during the 12-month calendar year preceding the
22 levy year, whichever is less. A taxing district may increase
23 its extension limitation for a current levy year if that
24 taxing district holds a referendum before the levy date at
25 which a majority of voters voting on the issue approves
26 adoption of a higher extension limitation. Referenda shall
27 be conducted at a regularly scheduled election in accordance
28 with the Election Code provided that notice of the
29 referendum, if heretofore or hereafter held before July 1,
30 1999, has been or shall be given in accordance with the
31 provisions of Section 12-5 of the Election Code in effect at
32 the time of the bond referendum, at least 10 and not more
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1 than 45 days before the date of the election, notwithstanding
2 the time for publication otherwise imposed by Section 12-5.
3 Notices required in connection with the submission of public
4 questions on or after July 1, 1999 shall be as set forth in
5 Section 12-5 of the Election Code. The question shall be
6 presented in substantially the following manner:
7 -------------------------------------------------------------
8 Shall the extension limitation
9 under the Property Tax Extension
10 Limitation Law for ... YES
11 (taxing district name) ... be increased
12 from ... (the lesser of 5% or the ------------------
13 increase in the Consumer Price Index over
14 the prior levy year) ...% to ... (percentage NO
15 of proposed increase) ...% for the ...
16 (levy year) ... levy year?
17 -------------------------------------------------------------
18 If a majority of voters voting on the issue approves the
19 adoption of the increase, the increase shall be applicable
20 for the levy year specified.
21 (Source: P.A. 90-812, eff. 1-26-99.)
22 (35 ILCS 200/18-210)
23 Sec. 18-210. Establishing a new levy. Except as provided
24 in Section 18-215, as it relates to a transfer of a service,
25 before a county clerk may extend taxes for funds subject to
26 the limitations of this Law, a new taxing district or a
27 taxing district with an aggregate extension base of zero
28 shall hold a referendum establishing a maximum aggregate
29 extension for the levy year. The maximum aggregate extension
30 is established for the current levy year if a taxing district
31 has held a referendum before the levy date at which the
32 majority voting on the issue approves its adoption. The
33 referendum under this Section may be held at the same time as
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1 the referendum on creating a new taxing district. The
2 question shall be submitted to the voters at a regularly
3 scheduled election in accordance with the Election Code
4 provided that notice of referendum, if heretofore or
5 hereafter held before July 1, 1999, has been or shall be
6 given in accordance with the provisions of Section 12-5 of
7 the Election Code in effect at the time of the bond
8 referendum, at least 10 and not more than 45 days before the
9 date of the election, notwithstanding the time for
10 publication otherwise imposed by Section 12-5. Notices
11 required in connection with the submission of public
12 questions on or after July 1, 1999 shall be as set forth in
13 Section 12-5 of the Election Code. The question shall be
14 submitted in substantially the following form:
15 -------------------------------------------------------------
16 Under the Property Tax Extension
17 Limitation Law, may an YES
18 aggregate extension not to exceed ...
19 (aggregate extension amount) ... ---------------------
20 be made for the ... (taxing
21 district name) ... for the NO
22 ... (levy year) ... levy year?
23 -------------------------------------------------------------
24 If a majority of voters voting on the increase approves the
25 adoption of the aggregate extension, the extension shall be
26 effective for the levy year specified.
27 (Source: P.A. 90-812, eff. 1-26-99.)
28 Section 25. The Illinois Pension Code is amended by
29 changing Section 3-145 as follows:
30 (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
31 Sec. 3-145. Referendum in municipalities less than
32 5,000. This Article shall not be effective in any
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1 municipality having a population of less than 5,000 unless
2 the proposition to adopt the Article is submitted to and
3 approved by the voters of the municipality in the manner
4 herein provided.
5 Whenever the electors of the municipality, equal in
6 number to 5% of the number of legal votes cast at the last
7 preceding general municipal election, petition the city,
8 village or town clerk to submit the proposition whether that
9 municipality shall adopt this Article, the officer to whom
10 the petition is addressed shall certify the proposition to
11 the proper election officials who shall submit the
12 proposition in accordance with the general election law at a
13 regular election in the municipality provided that notice of
14 the referendum, if heretofore or hereafter held before July
15 1, 1999, has been or shall be given in accordance with the
16 provisions of Section 12-5 of the Election Code in effect at
17 the time of the bond referendum, at least 10 and not more
18 than 45 days before the date of the election, notwithstanding
19 the time for publication otherwise imposed by Section 12-5.
20 Notices required in connection with the submission of public
21 questions on or after July 1, 1999 shall be as set forth in
22 Section 12-5 of the Election Code. If the proposition is not
23 adopted at that election, it may be submitted in like manner
24 at any regular election thereafter. The proposition shall be
25 substantially in the following form:
26 -------------------------------------------------------------
27 Shall the city (or village or
28 incorporated town) of.... adopt YES
29 Article 3 of the "Illinois Pension -----------------------
30 Code", pertaining to the creation NO
31 of a police pension fund?
32 -------------------------------------------------------------
33 If a majority of the votes cast on the proposition is for the
34 proposition, this Article is adopted in that municipality.
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1 (Source: P.A. 90-812, eff. 1-26-99.)
2 Section 30. The Illinois Municipal Code is amended by
3 changing Section 8-4-1 as follows:
4 (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
5 Sec. 8-4-1. No bonds shall be issued by the corporate
6 authorities of any municipality until the question of
7 authorizing such bonds has been submitted to the electors of
8 that municipality provided that notice of the bond
9 referendum, if heretofore or hereafter held before July 1,
10 1999, has been or shall be given in accordance with the
11 provisions of Section 12-5 of the Election Code in effect at
12 the time of the bond referendum, at least 10 and not more
13 than 45 days before the date of the election, notwithstanding
14 the time for publication otherwise imposed by Section 12-5,
15 and approved by a majority of the electors voting upon that
16 question. Notices required in connection with the submission
17 of public questions on or after July 1, 1999 shall be as set
18 forth in Section 12-5 of the Election Code. The clerk shall
19 certify the proposition of the corporate authorities to the
20 proper election authority who shall submit the question at an
21 election in accordance with the general election law, subject
22 to the notice provisions set forth in this Section.
23 Notice of any such election shall contain the amount of
24 the bond issue, purpose for which issued, and maximum rate of
25 interest.
26 However, without the submission of the question of
27 issuing bonds to the electors, the corporate authorities of
28 any municipality may authorize the issuance of any of the
29 following bonds:
30 (1) Bonds to refund any existing bonded indebtedness;
31 (2) Bonds to fund or refund any existing judgment
32 indebtedness;
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1 (3) In any municipality of less than 500,000 population,
2 bonds to anticipate the collection of installments of special
3 assessments and special taxes against property owned by the
4 municipality and to anticipate the collection of the amount
5 apportioned to the municipality as public benefits under
6 Article 9;
7 (4) Bonds issued by any municipality under Sections
8 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1
9 through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through
10 11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through
11 11-94-7, 11-102-1 through 11-102-10, 11-103-11 through
12 11-103-15, 11-118-1 through 11-118-6, 11-119-1 through
13 11-119-5, 11-129-1 through 11-129-7, 11-133-1 through
14 11-133-4, 11-139-1 through 11-139-12, 11-141-1 through
15 11-141-18 of this Code or 10-801 through 10-808 of the
16 Illinois Highway Code, as amended;
17 (5) Bonds issued by the board of education of any school
18 district under the provisions of Sections 34-30 through 34-36
19 of The School Code, as amended;
20 (6) Bonds issued by any municipality under the
21 provisions of Division 6 of this Article 8; and by any
22 municipality under the provisions of Division 7 of this
23 Article 8; or under the provisions of Sections 11-121-4 and
24 11-121-5;
25 (7) Bonds to pay for the purchase of voting machines by
26 any municipality that has adopted Article 24 of The Election
27 Code, approved May 11, 1943, as amended;
28 (8) Bonds issued by any municipality under Sections 15
29 and 46 of the "Environmental Protection Act", approved June
30 29, 1970;
31 (9) Bonds issued by the corporate authorities of any
32 municipality under the provisions of Section 8-4-25 of this
33 Article 8;
34 (10) Bonds issued under Section 8-4-26 of this Article 8
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1 by any municipality having a board of election commissioners;
2 (11) Bonds issued under the provisions of "An Act to
3 provide the manner of levying or imposing taxes for the
4 provision of special services to areas within the boundaries
5 of home rule units and nonhome rule municipalities and
6 counties", approved September 21, 1973;
7 (12) Bonds issued under Section 8-5-16 of this Code;
8 (13) Bonds to finance the cost of the acquisition,
9 construction or improvement of water or wastewater treatment
10 facilities mandated by an enforceable compliance schedule
11 developed in connection with the federal Clean Water Act or a
12 compliance order issued by the United States Environmental
13 Protection Agency or the Illinois Pollution Control Board;
14 provided that such bonds are authorized by an ordinance
15 adopted by a three-fifths majority of the corporate
16 authorities of the municipality issuing the bonds which
17 ordinance shall specify that the construction or improvement
18 of such facilities is necessary to alleviate an emergency
19 condition in such municipality;
20 (14) Bonds issued by any municipality pursuant to
21 Section 11-113.1-1;
22 (15) Bonds issued under Sections 11-74.6-1 through
23 11-74.6-45, the Industrial Jobs Recovery Law of this Code.
24 (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)
25 Section 35. The Public Library District Act of 1991 is
26 amended by changing Section 40-15 as follows:
27 (75 ILCS 16/40-15)
28 Sec. 40-15. Voter approval of bonds.
29 (a) Bonds shall not be issued, nor the special tax
30 imposed, until the proposition to issue the bonds has been
31 submitted to and approved by a majority of the voters of the
32 district voting upon the proposition at a regular election
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1 provided that notice of the bond referendum, if heretofore or
2 hereafter held before July 1, 1999, has been or shall be
3 given in accordance with the provisions of Section 12-5 of
4 the Election Code in effect at the time of the bond
5 referendum, at least 10 and not more than 45 days before the
6 date of the election, notwithstanding the time for
7 publication otherwise imposed by Section 12-5. Notices
8 required in connection with the submission of public
9 questions on or after July 1, 1999 shall be as set forth in
10 Section 12-5 of the Election Code. The board shall by
11 ordinance designate the election at which the proposition is
12 to be submitted and the amount of the bonds and their
13 purpose. The board shall certify the proposition to the
14 proper election authority, who shall submit the proposition
15 in accordance with the Election Code, subject to the notice
16 provisions set forth in this Section.
17 (b) The proposition to issue bonds shall be in
18 substantially the following form:
19 Shall the bonds of (name of public library
20 district), (location), Illinois, in the amount of
21 $(amount) be issued for the purpose of (state one or more
22 purposes authorized in Section 40-5)?
23 (c) When so authorized, the bonds shall be issued in the
24 name of the district, signed by the president and secretary,
25 and countersigned by the treasurer, with the seal of the
26 district affixed.
27 (Source: P.A. 90-812, eff. 1-26-99.)
28 Section 40. The School Code is amended by changing
29 Section 19-3 as follows:
30 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
31 Sec. 19-3. Boards of education. Any school district
32 governed by a board of education and having a population of
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1 not more than 500,000 inhabitants, and not governed by a
2 special Act may borrow money for the purpose of building,
3 equipping, altering or repairing school buildings or
4 purchasing or improving school sites, or acquiring and
5 equipping playgrounds, recreation grounds, athletic fields,
6 and other buildings or land used or useful for school
7 purposes or for the purpose of purchasing a site, with or
8 without a building or buildings thereon, or for the building
9 of a house or houses on such site, or for the building of a
10 house or houses on the school site of the school district,
11 for residential purposes of the superintendent, principal, or
12 teachers of the school district, and issue its negotiable
13 coupon bonds therefor signed by the president and secretary
14 of the board, in denominations of not less than $100 nor more
15 than $5,000, payable at such place and at such time or times,
16 not exceeding 20 years from date of issuance, as the board of
17 education may prescribe, and bearing interest at a rate not
18 to exceed the maximum rate authorized by the Bond
19 Authorization Act, as amended at the time of the making of
20 the contract, payable annually, semiannually or quarterly,
21 but no such bonds shall be issued unless the proposition to
22 issue them is submitted to the voters of the district at a
23 referendum held at a regularly scheduled election after the
24 board has certified the proposition to the proper election
25 authorities in accordance with the general election law, a
26 majority of all the votes cast on the proposition is in favor
27 of the proposition, and notice of such bond referendum (if
28 heretofore or hereafter held at any general election) has
29 been given either (i) in accordance with the second paragraph
30 of Section 12-1 of the Election Code irrespective of whether
31 such notice included any reference to the public question as
32 it appeared on the ballot, or (ii) for an election held on or
33 after November 1, 1998, in accordance with Section 12-5 of
34 the Election Code, or (iii) by publication of a true and
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1 legible copy of the specimen ballot label containing the
2 proposition in the form in which it appeared or will appear
3 on the official ballot label on the day of the election at
4 least 5 days before the day of the election in at least one
5 newspaper published in and having a general circulation in
6 each county in which the district is located, irrespective of
7 any other requirements of Article 12 or Section 24A-18 of the
8 Election Code, nor shall any residential site be acquired
9 unless such proposition to acquire a site is submitted to the
10 voters of the district at a referendum held at a regularly
11 scheduled election after the board has certified the
12 proposition to the proper election authorities in accordance
13 with the general election law and a majority of all the votes
14 cast on the proposition is in favor of the proposition.
15 Nothing in this Act or in any other law shall be construed to
16 require the notice of the bond referendum to be published
17 over the name or title of the election authority or the
18 listing of maturity dates of any bonds either in the notice
19 of bond election or ballot used in the bond election. The
20 provisions of this Section concerning notice of the bond
21 referendum apply only to elections held before July 1, 1999;
22 thereafter, notices required in connection with the
23 submission of public questions shall be as set forth in
24 Section 12-5 of the Election Code. Such proposition may be
25 initiated by resolution of the school board.
26 With respect to instruments for the payment of money
27 issued under this Section either before, on, or after the
28 effective date of this amendatory Act of 1989, it is and
29 always has been the intention of the General Assembly (i)
30 that the Omnibus Bond Acts are and always have been
31 supplementary grants of power to issue instruments in
32 accordance with the Omnibus Bond Acts, regardless of any
33 provision of this Act that may appear to be or to have been
34 more restrictive than those Acts, (ii) that the provisions of
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1 this Section are not a limitation on the supplementary
2 authority granted by the Omnibus Bond Acts, and (iii) that
3 instruments issued under this Section within the
4 supplementary authority granted by the Omnibus Bond Acts are
5 not invalid because of any provision of this Act that may
6 appear to be or to have been more restrictive than those
7 Acts.
8 The proceeds of any bonds issued under authority of this
9 Section shall be deposited and accounted for separately
10 within the Site and Construction/Capital Improvements Fund.
11 (Source: P.A. 89-698, eff. 1-14-97; 90-811, eff. 1-26-99;
12 90-812, eff. 1-26-99.)
13 Section 99. Effective date. This Act takes effect upon
14 becoming law.
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