Illinois General Assembly - Full Text of SB3341
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Full Text of SB3341  98th General Assembly




SB3341 EnrolledLRB098 19797 JLK 55013 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Conservation District Act is amended by
5changing Sections 15 and 15.1 as follows:
6    (70 ILCS 410/15)  (from Ch. 96 1/2, par. 7116)
7    Sec. 15. (a) Whenever a district does not have sufficient
8money in its treasury to meet all necessary expenses and
9liabilities thereof, it may issue tax anticipation warrants.
10Such issue of tax anticipation warrants shall be subject to the
11provisions of Section 2 of "An Act to provide for the manner of
12issuing warrants upon the treasurer of the State or of any
13county, township, or other municipal corporation or quasi
14municipal corporation, or of any farm drainage district, river
15district, drainage and levee district, fire protection
16district and jurors' certificates", approved June 27, 1913, as
17now and hereafter amended.
18    (b) For the purpose of acquisition of real property, or
19rights thereto, a district may incur indebtedness and, as
20evidence of the indebtedness thus created, may issue and sell
21bonds without first obtaining the consent of the legal voters
22of the district.
23    (b-5) For the purpose of development of real property, all



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1or a portion of which has been acquired with
2referendum-approved bonds, a district located entirely within
3McHenry County may incur indebtedness and, as evidence of the
4indebtedness thus created, may issue and sell bonds without
5first obtaining the consent of the legal voters of the
6district. Development, for the purposes of this subsection
7(b-5), shall mean the improvement or maintenance of existing
8trails, parking lots, bridges, roads, picnic shelters, and
9other improvements, adding or improving access to conservation
10areas or district facilities to comply with the Americans with
11Disabilities Act, demolition of unnecessary or unsafe
12structures, and the stabilization, revitalization or
13rehabilitation of historic structures.
14    (c) For the purpose of development of real property, a
15district may incur indebtedness and, as evidence of the
16indebtedness thus created, may issue and sell bonds only after
17the proposition to issue bonds has been submitted to the legal
18voters of the district at an election and has been approved by
19a majority of those voting on the proposition. Such election is
20subject to Section 15.1 of this Act.
21    (d) No district shall become indebted in any manner or for
22any purpose, to any amount including existing indebtedness in
23the aggregate exceeding 0.575% of the value, as equalized or
24assessed by the Department of Revenue, of the taxable property
25therein; except that a district entirely within a county of
26under 750,000 inhabitants and contiguous to a county of more



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1than 2,000,000 inhabitants may incur indebtedness, including
2existing indebtedness, in the aggregate not exceeding 1.725% of
3that value if the aggregate indebtedness over 0.575% is
4submitted to the legal voters of the district at an election
5and is approved by a majority of those voting on the
6proposition as provided in Section 15.1.
7    The following do not in any way limit the right of a
8district to issue non-referendum bonds under this Section:
9bonds heretofore or hereafter issued and outstanding that are
10approved by referendum, as described in this subsection (d);
11refunding bonds issued to refund or continue to refund bonds
12approved by referendum; and bonds issued under this Section
13that have been paid in full or for which provisions for payment
14have been made by an irrevocable deposit of funds in an amount
15sufficient to pay the principal and interest on those bonds to
16their respective maturity date.
17    (e) Before or at the time of issuing bonds as described in
18this Section for acquisition or development of real property,
19the district shall provide by ordinance for the collection of
20an annual tax, in addition to all other taxes authorized by
21this act, sufficient to pay such bonds and the interest thereon
22as the same respectively become due. Such bonds shall be
23divided into series, the first of which shall mature not later
24than 5 years after the date of issue and the last of which
25shall mature not later than 25 years after the date of issue;
26shall bear interest at a rate or rates not exceeding the



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1maximum rate permitted in "An Act to authorize public
2corporations to issue bonds, other evidences of indebtedness
3and tax anticipation warrants subject to interest rate
4limitations set forth therein", approved May 26, 1970, as now
5or hereafter amended; shall be in such form as the district
6shall by resolution provide and shall be payable as to both
7principal and interest from the proceeds of the annual levy of
8taxes authorized to be levied by this Section, or so much
9thereof as will be sufficient to pay the principal thereof and
10the interest thereon. Prior to the authorization and issuance
11of such bonds the district may, with or without notice,
12negotiate and enter into an agreement or agreements with any
13bank, investment banker, trust company or insurance company or
14group thereof whereunder the marketing of such bonds may be
15assured and consummated. The proceeds of such bonds shall be
16deposited in a special fund, to be kept separate and apart from
17all other funds of the conservation district.
18(Source: P.A. 96-1178, eff. 7-22-10.)
19    (70 ILCS 410/15.1)  (from Ch. 96 1/2, par. 7117)
20    Sec. 15.1. When the board of a district proposes to incur
21indebtedness and issue bonds, other than tax anticipation
22warrants, for the purpose of development of real property as
23provided in subsection (c) of Section 15 of this Act, or for
24the purpose of incurring indebtedness in the aggregate over
250.575% as provided in subsection (d) of Section 15, it shall



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1order a referendum on the proposition.
2    The district shall adopt an ordinance calling for the
3referendum and setting forth the proposition. The clerk or
4secretary of the district shall certify the ordinance and the
5proposition to the proper election officials who shall submit
6the proposition to the voters of the district at a referendum
7in accordance with the general election law. For a bond
8proposition put forward by a district organized under this Act,
9including a forest preserve district created under Section
1018.5, the ballot must have printed on it, but not as part of
11the proposition submitted, the following language:
12        The approximate impact of the proposed increase on the
13    owner of a single-family home having a market value of
14    (insert value) would be (insert amount) in the first year
15    of the increase if the increase is fully implemented.
16(Source: P.A. 97-364, eff. 8-15-11.)