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| Public Act 095-0030 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
19-3 as follows:
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(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
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Sec. 19-3. Boards of education. Any school district | ||||
governed by a board of
education and having a population of not | ||||
more than 500,000 inhabitants, and
not governed by a special | ||||
Act may borrow money for the purpose of building,
equipping, | ||||
altering or repairing school buildings or purchasing or | ||||
improving
school sites, or acquiring and equipping | ||||
playgrounds, recreation grounds,
athletic fields, and other | ||||
buildings or land used or useful for school purposes
or for the | ||||
purpose of purchasing a site, with or without a building or
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buildings thereon, or for the building of a house or houses on | ||||
such site,
or for the building of a house or houses on the | ||||
school site of the school
district, for residential purposes of | ||||
the superintendent, principal, or
teachers of the school | ||||
district, and issue its negotiable coupon bonds therefor
signed | ||||
by the president and secretary of the board, in denominations | ||||
of not
less than $100 nor more than $5,000, payable at such | ||||
place and at such time or
times, not exceeding 20 years from | ||||
date of issuance, as the board of education
may prescribe, and | ||
bearing interest at a rate not to exceed the maximum rate
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authorized by the Bond Authorization Act, as amended at the | ||
time of the making
of the contract, payable annually, | ||
semiannually or quarterly, but no such bonds
shall be issued | ||
unless the proposition to issue them is submitted to the voters
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of the district at a referendum held at a regularly scheduled | ||
election after
the board has certified the proposition to the | ||
proper election authorities in
accordance with the general | ||
election law, a majority of all the votes cast on
the | ||
proposition is in favor of the proposition, and notice of such | ||
bond
referendum has been
given either (i) in accordance with | ||
the second paragraph of Section 12-1 of the
Election Code | ||
irrespective of whether such notice included any reference to | ||
the
public question as it appeared on the ballot, or (ii) for | ||
an election held on
or after November 1, 1998, in accordance | ||
with Section 12-5 of the Election
Code, or (iii) by publication | ||
of a true and legible copy of the specimen ballot
label | ||
containing the proposition in the form in which it appeared or | ||
will
appear on the official ballot label on the day of the | ||
election at least 5 days
before the day of the election in at | ||
least one newspaper published in and
having a general | ||
circulation in the district,
irrespective of any other | ||
requirements of Article 12 or Section 24A-18 of
the Election | ||
Code, nor shall any residential site be acquired unless such
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proposition to acquire a site is submitted to the voters of the | ||
district at a
referendum held at a regularly scheduled election | ||
after the board has certified
the proposition to the proper | ||
election authorities in accordance with the
general election | ||
law and a majority of all the votes cast on the proposition is
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in favor of the proposition. Nothing in this Act or in any | ||
other law shall be
construed to require the notice of the bond | ||
referendum to be published over the
name or title of the | ||
election authority or the listing of maturity dates of
any | ||
bonds either in the notice of bond election or ballot used in | ||
the bond
election.
The provisions of this Section concerning | ||
notice of the bond referendum
apply only to (i) consolidated | ||
primary elections held prior to January 1,
2002 and the | ||
consolidated election held on April 17, 2007 at which not less | ||
than 60%
of the voters voting on the bond proposition voted in | ||
favor of the bond
proposition, and (ii) other elections held | ||
before July 1, 1999; otherwise, notices required
in connection | ||
with the submission of public questions shall be as set forth | ||
in
Section 12-5 of the Election Code.
Such proposition may be | ||
initiated by resolution of the school board.
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With respect to instruments for the payment of money issued | ||
under this
Section either before, on, or after the effective | ||
date of this amendatory
Act of 1989, it is and always has been | ||
the intention of the General
Assembly (i) that the Omnibus Bond | ||
Acts are and always have been
supplementary grants of power to | ||
issue instruments in accordance with the
Omnibus Bond Acts, | ||
regardless of any provision of this Act that may appear
to be | ||
or to have been more restrictive than those Acts, (ii) that the
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provisions of this Section are not a limitation on the | ||
supplementary
authority granted by the Omnibus Bond Acts, and | ||
(iii) that instruments
issued under this Section within the | ||
supplementary authority granted
by the Omnibus Bond Acts are | ||
not invalid because of any provision of
this Act that may | ||
appear to be or to have been more restrictive than
those Acts.
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The proceeds of any bonds issued under authority of this | ||
Section shall
be deposited and accounted for separately within | ||
the Site and
Construction/Capital Improvements Fund.
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(Source: P.A. 91-57, eff. 6-30-99; 92-6, eff. 6-7-01.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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