Full Text of SB3367 99th General Assembly
SB3367ham002 99TH GENERAL ASSEMBLY | Rep. Linda Chapa LaVia Filed: 5/5/2016
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| 1 | | AMENDMENT TO SENATE BILL 3367
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3367 as follows:
| 3 | | on page 1, lines 4 and 5, by replacing "Section 19-1" with | 4 | | "Sections 19-1 and 19-3"; and | 5 | | on page 42, immediately below line 14, by inserting the | 6 | | following:
| 7 | | "(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
| 8 | | Sec. 19-3. Boards of education. Any school district | 9 | | governed by a board of
education and having a population of not | 10 | | more than 500,000 inhabitants, and
not governed by a special | 11 | | Act may borrow money for the purpose of building,
equipping, | 12 | | altering or repairing school buildings or purchasing or | 13 | | improving
school sites, or acquiring and equipping | 14 | | playgrounds, recreation grounds,
athletic fields, and other | 15 | | buildings or land used or useful for school purposes
or for the |
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| 1 | | purpose of purchasing a site, with or without a building or
| 2 | | buildings thereon, or for the building of a house or houses on | 3 | | such site,
or for the building of a house or houses on the | 4 | | school site of the school
district, for residential purposes of | 5 | | the superintendent, principal, or
teachers of the school | 6 | | district, and issue its negotiable coupon bonds therefor
signed | 7 | | by the president and secretary of the board, in denominations | 8 | | of not
less than $100 nor more than $5,000, payable at such | 9 | | place and at such time or
times, not exceeding 20 years, with | 10 | | the exception of Lockport High School and bonds issued by | 11 | | Aurora East Unit School District 131 as qualified school | 12 | | construction bonds in accordance with applicable federal tax | 13 | | law not exceeding 25 years, from date of issuance, as the board | 14 | | of education
may prescribe, and bearing interest at a rate not | 15 | | to exceed the maximum rate
authorized by the Bond Authorization | 16 | | Act, as amended at the time of the making
of the contract, | 17 | | payable annually, semiannually or quarterly, but no such bonds
| 18 | | shall be issued unless the proposition to issue them is | 19 | | submitted to the voters
of the district at a referendum held at | 20 | | a regularly scheduled election after
the board has certified | 21 | | the proposition to the proper election authorities in
| 22 | | accordance with the general election law, a majority of all the | 23 | | votes cast on
the proposition is in favor of the proposition, | 24 | | and notice of such bond
referendum has been
given either (i) in | 25 | | accordance with the second paragraph of Section 12-1 of the
| 26 | | Election Code irrespective of whether such notice included any |
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| 1 | | reference to the
public question as it appeared on the ballot, | 2 | | or (ii) for an election held on
or after November 1, 1998, in | 3 | | accordance with Section 12-5 of the Election
Code, or (iii) by | 4 | | publication of a true and legible copy of the specimen ballot
| 5 | | label containing the proposition in the form in which it | 6 | | appeared or will
appear on the official ballot label on the day | 7 | | of the election at least 5 days
before the day of the election | 8 | | in at least one newspaper published in and
having a general | 9 | | circulation in the district,
irrespective of any other | 10 | | requirements of Article 12 or Section 24A-18 of
the Election | 11 | | Code, nor shall any residential site be acquired unless such
| 12 | | proposition to acquire a site is submitted to the voters of the | 13 | | district at a
referendum held at a regularly scheduled election | 14 | | after the board has certified
the proposition to the proper | 15 | | election authorities in accordance with the
general election | 16 | | law and a majority of all the votes cast on the proposition is
| 17 | | in favor of the proposition. Nothing in this Act or in any | 18 | | other law shall be
construed to require the notice of the bond | 19 | | referendum to be published over the
name or title of the | 20 | | election authority or the listing of maturity dates of
any | 21 | | bonds either in the notice of bond election or ballot used in | 22 | | the bond
election.
The provisions of this Section concerning | 23 | | notice of the bond referendum
apply only to (i) consolidated | 24 | | primary elections held prior to January 1,
2002 and the | 25 | | consolidated election held on April 17, 2007 at which not less | 26 | | than 60%
of the voters voting on the bond proposition voted in |
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| 1 | | favor of the bond
proposition, and (ii) other elections held | 2 | | before July 1, 1999; otherwise, notices required
in connection | 3 | | with the submission of public questions shall be as set forth | 4 | | in
Section 12-5 of the Election Code.
Such proposition may be | 5 | | initiated by resolution of the school board.
| 6 | | With respect to instruments for the payment of money issued | 7 | | under this
Section either before, on, or after the effective | 8 | | date of this amendatory
Act of 1989, it is and always has been | 9 | | the intention of the General
Assembly (i) that the Omnibus Bond | 10 | | Acts are and always have been
supplementary grants of power to | 11 | | issue instruments in accordance with the
Omnibus Bond Acts, | 12 | | regardless of any provision of this Act that may appear
to be | 13 | | or to have been more restrictive than those Acts, (ii) that the
| 14 | | provisions of this Section are not a limitation on the | 15 | | supplementary
authority granted by the Omnibus Bond Acts, and | 16 | | (iii) that instruments
issued under this Section within the | 17 | | supplementary authority granted
by the Omnibus Bond Acts are | 18 | | not invalid because of any provision of
this Act that may | 19 | | appear to be or to have been more restrictive than
those Acts.
| 20 | | The proceeds of any bonds issued under authority of this | 21 | | Section shall
be deposited and accounted for separately within | 22 | | the Site and
Construction/Capital Improvements Fund.
| 23 | | (Source: P.A. 95-30, eff. 8-7-07; 96-787, eff. 8-28-09.)".
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