Sen. Pamela J. Althoff

Filed: 3/17/2014





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2    AMENDMENT NO. ______. Amend Senate Bill 3341 by replacing
3everything after the enacting clause with the following:
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



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1now and hereafter amended.
2    (b) For the purpose of acquisition of real property, or
3rights thereto, a district may incur indebtedness and, as
4evidence of the indebtedness thus created, may issue and sell
5bonds without first obtaining the consent of the legal voters
6of the district.
7    (b-5) For the purpose of development of real property, all
8or a portion of which has been acquired with
9referendum-approved bonds, a district located entirely within
10McHenry County may incur indebtedness and, as evidence of the
11indebtedness thus created, may issue and sell bonds without
12first obtaining the consent of the legal voters of the
13district. Development, for the purposes of this subsection
14(b-5), shall mean the improvement or maintenance of existing
15trails, parking lots, bridges, roads, picnic shelters, and
16other improvements, adding or improving access to conservation
17areas or district facilities to comply with the Americans with
18Disabilities Act, demolition of unnecessary or unsafe
19structures, and the stabilization, revitalization or
20rehabilitation of historic structures.
21    (c) For the purpose of development of real property, a
22district may incur indebtedness and, as evidence of the
23indebtedness thus created, may issue and sell bonds only after
24the proposition to issue bonds has been submitted to the legal
25voters of the district at an election and has been approved by
26a majority of those voting on the proposition. Such election is



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1subject to Section 15.1 of this Act.
2    (d) No district shall become indebted in any manner or for
3any purpose, to any amount including existing indebtedness in
4the aggregate exceeding 0.575% of the value, as equalized or
5assessed by the Department of Revenue, of the taxable property
6therein; except that a district entirely within a county of
7under 750,000 inhabitants and contiguous to a county of more
8than 2,000,000 inhabitants may incur indebtedness, including
9existing indebtedness, in the aggregate not exceeding 1.725% of
10that value if the aggregate indebtedness over 0.575% is
11submitted to the legal voters of the district at an election
12and is approved by a majority of those voting on the
13proposition as provided in Section 15.1.
14    The following do not in any way limit the right of a
15district to issue non-referendum bonds under this Section:
16bonds heretofore or hereafter issued and outstanding that are
17approved by referendum, as described in this subsection (d);
18refunding bonds issued to refund or continue to refund bonds
19approved by referendum; and bonds issued under this Section
20that have been paid in full or for which provisions for payment
21have been made by an irrevocable deposit of funds in an amount
22sufficient to pay the principal and interest on those bonds to
23their respective maturity date.
24    (e) Before or at the time of issuing bonds as described in
25this Section for acquisition or development of real property,
26the district shall provide by ordinance for the collection of



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1an annual tax, in addition to all other taxes authorized by
2this act, sufficient to pay such bonds and the interest thereon
3as the same respectively become due. Such bonds shall be
4divided into series, the first of which shall mature not later
5than 5 years after the date of issue and the last of which
6shall mature not later than 25 years after the date of issue;
7shall bear interest at a rate or rates not exceeding the
8maximum rate permitted in "An Act to authorize public
9corporations to issue bonds, other evidences of indebtedness
10and tax anticipation warrants subject to interest rate
11limitations set forth therein", approved May 26, 1970, as now
12or hereafter amended; shall be in such form as the district
13shall by resolution provide and shall be payable as to both
14principal and interest from the proceeds of the annual levy of
15taxes authorized to be levied by this Section, or so much
16thereof as will be sufficient to pay the principal thereof and
17the interest thereon. Prior to the authorization and issuance
18of such bonds the district may, with or without notice,
19negotiate and enter into an agreement or agreements with any
20bank, investment banker, trust company or insurance company or
21group thereof whereunder the marketing of such bonds may be
22assured and consummated. The proceeds of such bonds shall be
23deposited in a special fund, to be kept separate and apart from
24all other funds of the conservation district.
25(Source: P.A. 96-1178, eff. 7-22-10.)



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1    (70 ILCS 410/15.1)  (from Ch. 96 1/2, par. 7117)
2    Sec. 15.1. When the board of a district proposes to incur
3indebtedness and issue bonds, other than tax anticipation
4warrants, for the purpose of development of real property as
5provided in subsection (c) of Section 15 of this Act, or for
6the purpose of incurring indebtedness in the aggregate over
70.575% as provided in subsection (d) of Section 15, it shall
8order a referendum on the proposition.
9    The district shall adopt an ordinance calling for the
10referendum and setting forth the proposition. The clerk or
11secretary of the district shall certify the ordinance and the
12proposition to the proper election officials who shall submit
13the proposition to the voters of the district at a referendum
14in accordance with the general election law. For a bond
15proposition put forward by a district organized under this Act,
16including a forest preserve district created under Section
1718.5, the ballot must have printed on it, but not as part of
18the proposition submitted, the following language:
19        The approximate impact of the proposed increase on the
20    owner of a single-family home having a market value of
21    (insert value) would be (insert amount) in the first year
22    of the increase if the increase is fully implemented.
23(Source: P.A. 97-364, eff. 8-15-11.)".