State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ House Amendment 004 ][ House Amendment 005 ]

90_SB0200enr

      10 ILCS 5/1-3             from Ch. 46, par. 1-3
      10 ILCS 5/2A-1.1          from Ch. 46, par. 2A-1.1
      10 ILCS 5/2A-1.2          from Ch. 46, par. 2A-1.2
      10 ILCS 5/2A-36           from Ch. 46, par. 2A-36
      10 ILCS 5/2A-43           from Ch. 46, par. 2A-43
      10 ILCS 5/2A-48           from Ch. 46, par. 2A-48
      10 ILCS 5/2A-49           from Ch. 46, par. 2A-49
      10 ILCS 5/2A-50           from Ch. 46, par. 2A-50
      10 ILCS 5/2A-51           from Ch. 46, par. 2A-51
      10 ILCS 5/2A-52           from Ch. 46, par. 2A-52
      10 ILCS 5/4-11            from Ch. 46, par. 4-11
      10 ILCS 5/10-6            from Ch. 46, par. 10-6
      10 ILCS 5/11-7            from Ch. 46, par. 11-7
      10 ILCS 5/12-1            from Ch. 46, par. 12-1
      10 ILCS 5/16-4.1          from Ch. 46, par. 16-4.1
      10 ILCS 5/24-1.2          from Ch. 46, par. 24-1.2
      70 ILCS 705/4.02          from Ch. 127 1/2, par. 24.02
      110 ILCS 805/2-12.1       from Ch. 122, par. 102-12.1
      110 ILCS 805/3-7          from Ch. 122, par. 103-7
          Amends the Election Code, the  Public  Community  College
      Act  and  the  Fire  Protection  District  Act to abolish the
      nonpartisan election held on  the  first  Tuesday  after  the
      first  Monday  in  November of odd-numbered years.  Transfers
      elections of officers held at the nonpartisan election to the
      consolidated election held on the first Tuesday in  April  of
      odd-numbered years.   Effective immediately.
                                                     LRB9001780MWcd
SB200 Enrolled                                 LRB9001780MWcd
 1        AN  ACT  concerning notice of bond issues, amending named
 2    Acts.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Local  Government  Debt  Reform  Act is
 6    amended by changing Section 15 as follows:
 7        (30 ILCS 350/15) (from Ch. 17, par. 6915)
 8        Sec. 15.  Double-barrelled bonds.  Whenever revenue bonds
 9    have been authorized to be issued pursuant to applicable  law
10    or  whenever  there  exists for a governmental unit a revenue
11    source, the procedures set forth in this Section may be  used
12    by  a governing body.  General obligation bonds may be issued
13    in lieu of such revenue  bonds  as  authorized,  and  general
14    obligation  bonds  may  be  issued  payable  from any revenue
15    source.  Such general obligation bonds may be referred to  as
16    "alternate bonds".  Alternate bonds may be issued without any
17    referendum  or backdoor referendum except as provided in this
18    Section, upon the terms provided in Section 10  of  this  Act
19    without  reference  to other provisions of law, but only upon
20    the conditions provided in  this  Section.   Alternate  bonds
21    shall  not  be  regarded as or included in any computation of
22    indebtedness for the purpose of any  statutory  provision  or
23    limitation except as expressly provided in this Section.
24        Such conditions are:  (a) Alternate bonds shall be issued
25    for a lawful corporate purpose.  If issued in lieu of revenue
26    bonds,  alternate  bonds shall be issued for the purposes for
27    which such revenue bonds  shall  have  been  authorized.   If
28    issued   payable   from   a  revenue  source  in  the  manner
29    hereinafter provided, which revenue source is limited in  its
30    purposes  or  applications, then the alternate bonds shall be
31    issued  only  for  such  limited  purposes  or  applications.
SB200 Enrolled             -2-                 LRB9001780MWcd
 1    Alternate bonds may be issued payable from either  enterprise
 2    revenues or revenue sources, or both.
 3        (b)  Alternate   bonds   shall  be  subject  to  backdoor
 4    referendum.  The provisions of Section 5 of  this  Act  shall
 5    apply   to   such  backdoor  referendum,  together  with  the
 6    provisions  hereof.   The  authorizing  ordinance  shall   be
 7    published  in  a  newspaper  of  general  circulation  in the
 8    governmental unit.  Along with or as part of the  authorizing
 9    ordinance,  there  shall  be  published  a  notice of (1) the
10    specific  number  of  voters  required  to  sign  a  petition
11    requesting that  the  issuance  of  the  alternate  bonds  be
12    submitted to referendum, (2) the time when such petition must
13    be  filed,  (3)  the  date of the prospective referendum, and
14    (4), with respect to authorizing  ordinances  adopted  on  or
15    after  January  1,  1991,  a  statement  that  identifies any
16    revenue source that will be used to pay the principal of  and
17    interest  on  the alternate bonds.  The clerk or secretary of
18    the governmental unit shall make a petition form available to
19    anyone requesting one.  If no  petition  is  filed  with  the
20    clerk  or  secretary  within  30  days  of publication of the
21    authorizing ordinance and notice, the alternate  bonds  shall
22    be  authorized  to  be  issued.   But  if within this 30 days
23    period, a petition is filed  with  such  clerk  or  secretary
24    signed  by  electors numbering the greater of (i) 7.5% of the
25    registered voters in the governmental unit  or  (ii)  200  of
26    those  registered  voters  or 15% of those registered voters,
27    whichever is less, asking that the issuance of such alternate
28    bonds be submitted to  referendum,  the  clerk  or  secretary
29    shall  certify  such  question  for submission at an election
30    held  in  accordance  with  the  general  election  law.  The
31    question on the ballot  shall  include  a  statement  of  any
32    revenue  source that will be used to pay the principal of and
33    interest on the alternate bonds. The alternate bonds shall be
34    authorized to be issued if a majority of the  votes  cast  on
SB200 Enrolled             -3-                 LRB9001780MWcd
 1    the  question  at such election are in favor thereof provided
 2    that  notice  of  the  bond  referendum,  if  heretofore   or
 3    hereafter held, has been or shall be given in accordance with
 4    the provisions of Section 12-5 of the Election Code, at least
 5    10 and not more than 45 days before the date of the election,
 6    notwithstanding the time for publication otherwise imposed by
 7    Section  12-5.  Backdoor referendum proceedings for bonds and
 8    alternate bonds to be issued in lieu of  such  bonds  may  be
 9    conducted at the same time.
10        (c)  To the extent payable from enterprise revenues, such
11    revenues  shall have been determined by the governing body to
12    be sufficient to provide for or pay in  each  year  to  final
13    maturity  of  such alternate bonds all of the following:  (1)
14    costs  of  operation  and  maintenance  of  the  utility   or
15    enterprise,  but not including depreciation, (2) debt service
16    on all outstanding revenue bonds payable from such enterprise
17    revenues, (3) all  amounts  required  to  meet  any  fund  or
18    account requirements with respect to such outstanding revenue
19    bonds,  (4)  other contractual or tort liability obligations,
20    if any, payable from such enterprise  revenues,  and  (5)  in
21    each year, an amount not less than 1.25 times debt service of
22    all (i) alternate bonds payable from such enterprise revenues
23    previously  issued  and  outstanding and (ii) alternate bonds
24    proposed to be issued.  To the extent  payable  from  one  or
25    more revenue sources, such sources shall have been determined
26    by  the governing body to provide in each year, an amount not
27    less than 1.25 times debt  service  of  all  alternate  bonds
28    payable  from  such  revenue  sources  previously  issued and
29    outstanding and alternate bonds proposed to be  issued.   The
30    conditions  enumerated in this subsection (c) need not be met
31    for that amount of debt service provided for by  the  setting
32    aside of proceeds of bonds or other moneys at the time of the
33    delivery of such bonds.
34        (d)  The  determination  of the sufficiency of enterprise
SB200 Enrolled             -4-                 LRB9001780MWcd
 1    revenues  or  a  revenue  source,  as  applicable,  shall  be
 2    supported by reference  to  the  most  recent  audit  of  the
 3    governmental  unit,  which  shall be for a fiscal year ending
 4    not earlier than 18 months previous to the time  of  issuance
 5    of  the  alternate  bonds.  If such audit does not adequately
 6    show  such  enterprise  revenues  or   revenue   source,   as
 7    applicable, or if such enterprise revenues or revenue source,
 8    as  applicable,  are  shown  to  be  insufficient,  then  the
 9    determination of sufficiency shall be supported by the report
10    of  an independent accountant or feasibility analyst having a
11    national  reputation   for   expertise   in   such   matters,
12    demonstrating   the   sufficiency   of   such   revenues  and
13    explaining, if appropriate, by what means the  revenues  will
14    be  greater  than  as  shown  in  the  audit.   Whenever such
15    sufficiency is demonstrated by reference  to  a  schedule  of
16    higher  rates  or charges for enterprise revenues or a higher
17    tax imposition for  a  revenue  source,  such  higher  rates,
18    charges  or  taxes  shall  have  been  properly imposed by an
19    ordinance adopted prior to the time of delivery of  alternate
20    bonds.   The  reference  to  and  acceptance  of  an audit or
21    report, as the case may be,  and  the  determination  of  the
22    governing  body as to sufficiency of enterprise revenues or a
23    revenue  source  shall  be  conclusive  evidence   that   the
24    conditions  of  this  Section  have  been  met  and  that the
25    alternate bonds are valid.
26        (e)  The  enterprise  revenues  or  revenue  source,   as
27    applicable,  shall  be  in fact pledged to the payment of the
28    alternate bonds; and the governing body  shall  covenant,  to
29    the  extent it is empowered to do so, to provide for, collect
30    and apply such enterprise  revenues  or  revenue  source,  as
31    applicable,  to  the  payment  of the alternate bonds and the
32    provision of not less  than  an  additional  .25  times  debt
33    service.   The  pledge  and establishment of rates or charges
34    for enterprise revenues, or the  imposition  of  taxes  in  a
SB200 Enrolled             -5-                 LRB9001780MWcd
 1    given  rate  or  amount,  as  provided  in  this  Section for
 2    alternate bonds, shall constitute a continuing obligation  of
 3    the  governmental  unit with respect to such establishment or
 4    imposition and a  continuing  appropriation  of  the  amounts
 5    received.   All covenants relating to alternate bonds and the
 6    conditions  and  obligations  imposed  by  this  Section  are
 7    enforceable by any bondholder of  alternate  bonds  affected,
 8    any  taxpayer of the governmental unit, and the People of the
 9    State of Illinois acting through the Attorney General or  any
10    designee, and in the event that any such action results in an
11    order finding that the governmental unit has not properly set
12    rates  or  charges  or  imposed  taxes  to  the  extent it is
13    empowered to  do  so  or  collected  and  applied  enterprise
14    revenues or any revenue source, as applicable, as required by
15    this  Act,  the plaintiff in any such action shall be awarded
16    reasonable  attorney's  fees.   The  intent  is   that   such
17    enterprise  revenues  or revenue source, as applicable, shall
18    be sufficient and shall be applied to  the  payment  of  debt
19    service  on  such  alternate  bonds so that taxes need not be
20    levied, or if levied need not be extended, for such  payment.
21    Nothing  in  this  Section  shall  inhibit  or  restrict  the
22    authority  of a governing body to determine the lien priority
23    of any bonds, including alternate bonds, which may be  issued
24    with respect to any enterprise revenues or revenue source.
25        In  the event that alternate bonds shall have been issued
26    and taxes, other than a designated revenue source, shall have
27    been extended pursuant to the general obligation, full  faith
28    and  credit promise supporting such alternate bonds, then the
29    amount of such alternate  bonds  then  outstanding  shall  be
30    included   in   the   computation   of  indebtedness  of  the
31    governmental unit for purposes of all statutory provisions or
32    limitations until such time as an audit of  the  governmental
33    unit  shall show that the alternate bonds have been paid from
34    the enterprise revenues or  revenue  source,  as  applicable,
SB200 Enrolled             -6-                 LRB9001780MWcd
 1    pledged thereto for a complete fiscal year.
 2        Alternate bonds may be issued to refund or advance refund
 3    alternate  bonds  without  meeting  any of the conditions set
 4    forth in this Section, except that the term of the  refunding
 5    bonds shall not be longer than the term of the refunded bonds
 6    and  that  the  debt  service  payable  in  any  year  on the
 7    refunding bonds shall not exceed the debt service payable  in
 8    such year on the refunded bonds.
 9        Once  issued, alternate bonds shall be and forever remain
10    until  paid  or  defeased  the  general  obligation  of   the
11    governmental  unit,  for  the payment of which its full faith
12    and credit are pledged, and shall be payable from the levy of
13    taxes as is provided  in  this  Act  for  general  obligation
14    bonds.
15        The  changes  made  by this amendatory Act of 1990 do not
16    affect the validity of bonds authorized before  September  1,
17    1990.
18    (Source: P.A. 85-1419; 86-1179.)
19        Section 10.  The Property Tax Code is amended by changing
20    Sections 18-205 and 18-210 as follows:
21        (35 ILCS 200/18-205)
22        Sec.   18-205.   Referendum  to  increase  the  extension
23    limitation.  A taxing district is  limited  to  an  extension
24    increase  of  5%  or  the percentage increase in the Consumer
25    Price Index during the 12-month calendar year  preceding  the
26    levy  year, whichever is less. A taxing district may increase
27    its extension limitation for a  current  levy  year  if  that
28    taxing  district  holds  a referendum before the levy date at
29    which a majority of  voters  voting  on  the  issue  approves
30    adoption  of  a higher extension limitation.  Referenda shall
31    be conducted at a regularly scheduled election in  accordance
32    with   the   Election   Code  provided  that  notice  of  the
SB200 Enrolled             -7-                 LRB9001780MWcd
 1    referendum, if heretofore or  hereafter  held,  has  been  or
 2    shall  be  given in accordance with the provisions of Section
 3    12-5 of the Election Code, at least 10 and not more  than  45
 4    days  before  the  date  of the election, notwithstanding the
 5    time for publication otherwise imposed by Section  12-5.  The
 6    question  shall  be  presented in substantially the following
 7    manner:
 8    -------------------------------------------------------------
 9        Shall the extension limitation
10    under the Property Tax Extension
11    Limitation Law for ...                       YES
12    (taxing district name) ... be increased
13    from ... (the lesser of 5% or the          ------------------
14    increase in the Consumer Price Index over
15    the prior levy year) ...% to ... (percentage      NO
16    of proposed increase) ...% for the ...
17    (levy year) ... levy year?
18    -------------------------------------------------------------
19    If a majority of voters voting  on  the  issue  approves  the
20    adoption  of  the  increase, the increase shall be applicable
21    for the levy year specified.
22    (Source: P.A. 87-17; 88-455.)
23        (35 ILCS 200/18-210)
24        Sec. 18-210.  Establishing a new levy. Except as provided
25    in Section 18-215, as it relates to a transfer of a  service,
26    before  a  county clerk may extend taxes for funds subject to
27    the limitations of this Law,  a  new  taxing  district  or  a
28    taxing  district  with  an  aggregate  extension base of zero
29    shall hold a  referendum  establishing  a  maximum  aggregate
30    extension  for the levy year. The maximum aggregate extension
31    is established for the current levy year if a taxing district
32    has held a referendum before  the  levy  date  at  which  the
33    majority  voting  on  the  issue  approves  its adoption. The
SB200 Enrolled             -8-                 LRB9001780MWcd
 1    referendum under this Section may be held at the same time as
 2    the  referendum  on  creating  a  new  taxing  district.  The
 3    question shall be submitted to  the  voters  at  a  regularly
 4    scheduled  election  in  accordance  with  the  Election Code
 5    provided  that  notice  of  referendum,  if   heretofore   or
 6    hereafter held, has been or shall be given in accordance with
 7    the provisions of Section 12-5 of the Election Code, at least
 8    10 and not more than 45 days before the date of the election,
 9    notwithstanding the time for publication otherwise imposed by
10    Section   12-5.    The   question   shall   be  submitted  in
11    substantially the following form manner:
12    -------------------------------------------------------------
13        Under the Property Tax Extension
14    Limitation Law, may an                      YES
15    aggregate extension not to exceed ...
16    (aggregate extension amount) ...        ---------------------
17    be made for the ... (taxing
18    district name) ... for the                  NO
19    ... (levy year) ... levy year?
20    -------------------------------------------------------------
21    If a majority of voters voting on the increase  approves  the
22    adoption  of  the aggregate extension, the extension shall be
23    effective for the levy year specified.
24    (Source: P.A. 87-17; 88-455.)
25        Section 15.  The Illinois  Pension  Code  is  amended  by
26    changing Section 3-145 as follows:
27        (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
28        Sec.  3-145.   Referendum  in  municipalities  less  than
29    5,000.   This   Article   shall   not  be  effective  in  any
30    municipality having a population of less  than  5,000  unless
31    the  proposition  to  adopt  the  Article is submitted to and
32    approved by the voters of  the  municipality  in  the  manner
SB200 Enrolled             -9-                 LRB9001780MWcd
 1    herein provided.
 2        Whenever  the  electors  of  the  municipality,  equal in
 3    number to 5% of the number of legal votes cast  at  the  last
 4    preceding  general  municipal  election,  petition  the city,
 5    village or town clerk to submit the proposition whether  that
 6    municipality  shall  adopt  this Article, the officer to whom
 7    the petition is addressed shall certify  the  proposition  to
 8    the   proper   election   officials   who  shall  submit  the
 9    proposition in accordance with the general election law at  a
10    regular  election in the municipality provided that notice of
11    the referendum, if heretofore or hereafter held, has been  or
12    shall  be  given in accordance with the provisions of Section
13    12-5 of the Election Code, at least 10 and not more  than  45
14    days  before  the  date  of the election, notwithstanding the
15    time for publication otherwise imposed by  Section  12-5.  If
16    the  proposition  is  not adopted at that election, it may be
17    submitted in like manner at any regular election  thereafter.
18    The proposition shall be substantially in the following form:
19    -------------------------------------------------------------
20        Shall the city (or village or
21    incorporated town) of.... adopt           YES
22    Article 3 of the "Illinois Pension    -----------------------
23    Code", pertaining to the creation         NO
24    of a police pension fund?
25    -------------------------------------------------------------
26    If a majority of the votes cast on the proposition is for the
27    proposition, this Article is adopted in that municipality.
28    (Source: P.A. 83-1440.)
29        Section  20.  The  Illinois  Municipal Code is amended by
30    changing Section 8-4-1 as follows:
31        (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
32        Sec. 8-4-1.  No bonds shall be issued  by  the  corporate
SB200 Enrolled             -10-                LRB9001780MWcd
 1    authorities   of  any  municipality  until  the  question  of
 2    authorizing such bonds has been submitted to the electors  of
 3    that   municipality   provided   that   notice  of  the  bond
 4    referendum, if heretofore or  hereafter  held,  has  been  or
 5    shall  be  given in accordance with the provisions of Section
 6    12-5 of the Election Code, at least 10 and not more  than  45
 7    days  before  the  date  of the election, notwithstanding the
 8    time for publication otherwise imposed by Section  12-5,  and
 9    approved  by  a  majority  of  the  electors voting upon that
10    question. The clerk shall  certify  the  proposition  of  the
11    corporate  authorities  to  the proper election authority who
12    shall submit the question at an election in  accordance  with
13    the  general  election  law, subject to the notice provisions
14    set forth in this Section.
15        Notice of any such election shall contain the  amount  of
16    the bond issue, purpose for which issued, and maximum rate of
17    interest.
18        However,  without  the  submission  of  the  question  of
19    issuing  bonds  to the electors, the corporate authorities of
20    any municipality may authorize the issuance  of  any  of  the
21    following bonds:
22        (1)  Bonds to refund any existing bonded indebtedness;
23        (2)  Bonds  to  fund  or  refund  any  existing  judgment
24    indebtedness;
25        (3)  In any municipality of less than 500,000 population,
26    bonds to anticipate the collection of installments of special
27    assessments  and  special taxes against property owned by the
28    municipality and to anticipate the collection of  the  amount
29    apportioned  to  the  municipality  as  public benefits under
30    Article 9;
31        (4)  Bonds issued  by  any  municipality  under  Sections
32    8-4-15  through  8-4-23,  11-23-1  through  11-23-12, 11-25-1
33    through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1  through
34    11-74.4-11,  11-74.5-1  through  11-74.5-15,  11-94-1 through
SB200 Enrolled             -11-                LRB9001780MWcd
 1    11-94-7,  11-102-1  through  11-102-10,   11-103-11   through
 2    11-103-15,   11-118-1   through  11-118-6,  11-119-1  through
 3    11-119-5,  11-129-1  through   11-129-7,   11-133-1   through
 4    11-133-4,   11-139-1   through  11-139-12,  11-141-1  through
 5    11-141-18 of this  Code  or  10-801  through  10-808  of  the
 6    Illinois Highway Code, as amended;
 7        (5)  Bonds issued by the board of education of any school
 8    district under the provisions of Sections 34-30 through 34-36
 9    of The School Code, as amended;
10        (6)  Bonds   issued   by   any   municipality  under  the
11    provisions of Division 6  of  this  Article  8;  and  by  any
12    municipality  under  the  provisions  of  Division  7 of this
13    Article 8; or under the provisions of Sections  11-121-4  and
14    11-121-5;
15        (7)  Bonds  to pay for the purchase of voting machines by
16    any municipality that has adopted Article 24 of The  Election
17    Code, approved May 11, 1943, as amended;
18        (8)  Bonds  issued  by any municipality under Sections 15
19    and 46 of the "Environmental Protection Act",  approved  June
20    29, 1970;
21        (9)  Bonds  issued  by  the  corporate authorities of any
22    municipality under the provisions of Section 8-4-25  of  this
23    Article 8;
24        (10)  Bonds issued under Section 8-4-26 of this Article 8
25    by any municipality having a board of election commissioners;
26        (11)  Bonds  issued  under  the  provisions of "An Act to
27    provide the manner of  levying  or  imposing  taxes  for  the
28    provision  of special services to areas within the boundaries
29    of home  rule  units  and  nonhome  rule  municipalities  and
30    counties", approved September 21, 1973;
31        (12)  Bonds issued under Section 8-5-16 of this Code;
32        (13)  Bonds  to  finance  the  cost  of  the acquisition,
33    construction or improvement of water or wastewater  treatment
34    facilities  mandated  by  an  enforceable compliance schedule
SB200 Enrolled             -12-                LRB9001780MWcd
 1    developed in connection with the federal Clean Water Act or a
 2    compliance order issued by the  United  States  Environmental
 3    Protection  Agency  or  the Illinois Pollution Control Board;
 4    provided that such  bonds  are  authorized  by  an  ordinance
 5    adopted   by   a   three-fifths  majority  of  the  corporate
 6    authorities of  the  municipality  issuing  the  bonds  which
 7    ordinance  shall specify that the construction or improvement
 8    of such facilities is necessary  to  alleviate  an  emergency
 9    condition in such municipality;
10        (14)  Bonds   issued  by  any  municipality  pursuant  to
11    Section 11-113.1-1;
12        (15)  Bonds  issued  under  Sections  11-74.6-1   through
13    11-74.6-45, the Industrial Jobs Recovery Law of this Code.
14    (Source: P.A. 90-706, eff. 8-7-98.)
15        Section  25.  The  Public Library District Act of 1991 is
16    amended by changing Section 40-15 as follows:
17        (75 ILCS 16/40-15)
18        Sec. 40-15. Voter approval of bonds.
19        (a)  Bonds shall not  be  issued,  nor  the  special  tax
20    imposed,  until  the  proposition to issue the bonds has been
21    submitted to and approved by a majority of the voters of  the
22    district  voting  upon  the proposition at a regular election
23    provided that notice of the bond referendum, if heretofore or
24    hereafter held, has been or shall be given in accordance with
25    the provisions of Section 12-5 of the Election Code, at least
26    10 and not more than 45 days before the date of the election,
27    notwithstanding the time for publication otherwise imposed by
28    Section 12-5. The board  shall  by  ordinance  designate  the
29    election  at which the proposition is to be submitted and the
30    amount of the  bonds  and  their  purpose.  The  board  shall
31    certify the proposition to the proper election authority, who
32    shall  submit the proposition in accordance with the Election
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 1    Code, subject to the notice  provisions  set  forth  in  this
 2    Section.
 3        (b)  The   proposition   to   issue  bonds  shall  be  in
 4    substantially the following form:
 5             Shall  the  bonds  of  (name   of   public   library
 6        district),   (location),   Illinois,  in  the  amount  of
 7        $(amount) be issued for the purpose of (state one or more
 8        purposes authorized in Section 40-5)?
 9        (c)  When so authorized, the bonds shall be issued in the
10    name of the district, signed by the president and  secretary,
11    and  countersigned  by  the  treasurer,  with the seal of the
12    district affixed.
13    (Source: P.A. 87-1277.)
14        Section 30.  The  School  Code  is  amended  by  changing
15    Section 19-3 as follows:
16        (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
17        Sec.  19-3.  Boards  of  education.  Any  school district
18    governed by a board of education and having a  population  of
19    not  more  than  500,000  inhabitants,  and not governed by a
20    special Act may borrow money for  the  purpose  of  building,
21    equipping,   altering   or   repairing  school  buildings  or
22    purchasing  or  improving  school  sites,  or  acquiring  and
23    equipping playgrounds, recreation grounds,  athletic  fields,
24    and  other  buildings  or  land  used  or  useful  for school
25    purposes or for the purpose of purchasing  a  site,  with  or
26    without  a building or buildings thereon, or for the building
27    of a house or houses on such site, or for the building  of  a
28    house  or  houses  on the school site of the school district,
29    for residential purposes of the superintendent, principal, or
30    teachers of the school district,  and  issue  its  negotiable
31    coupon  bonds  therefor signed by the president and secretary
32    of the board, in denominations of not less than $100 nor more
SB200 Enrolled             -14-                LRB9001780MWcd
 1    than $5,000, payable at such place and at such time or times,
 2    not exceeding 20 years from date of issuance, as the board of
 3    education may  prescribe, and bearing interest at a rate  not
 4    to   exceed   the   maximum   rate  authorized  by  the  Bond
 5    Authorization Act, as amended at the time of  the  making  of
 6    the  contract,  payable  annually, semiannually or quarterly,
 7    but no such bonds shall be issued unless the  proposition  to
 8    issue  them  is  submitted to the voters of the district at a
 9    referendum held at a regularly scheduled election  after  the
10    board  has  certified  the proposition to the proper election
11    authorities in accordance with the general  election  law,  a
12    majority of all the votes cast on the proposition is in favor
13    of  the  proposition,  and notice of such bond referendum (if
14    heretofore or hereafter held at  any  general  election)  has
15    been given either (i) in accordance with the second paragraph
16    of  Section  12-1  of  the  Election Code irrespective of any
17    other requirements of the Election Code and  irrespective  of
18    whether  such  notice  included  any  reference to the public
19    question as it  appeared  on  the  ballot,  or  (ii)  for  an
20    election  held  on  or  after November 1, 1998, in accordance
21    with  Section  12-5  of  the  Election  Code,  or  (iii)   by
22    publication  of  and  a true and legible copy of the specimen
23    ballot label containing the  proposition  (if  heretofore  or
24    hereafter  submitted  to  the  voters  of the district at any
25    general election) in the form in which it  appeared  or  will
26    appear  on  the  official  ballot  label  on  the  day of the
27    election has been published  at least 5 days before  the  day
28    of  the  election  in at least one newspaper published in and
29    having a general circulation in  each  county  in  which  the
30    district  is  located, irrespective of any other requirements
31    of Article 12 or Section 24A-18 of  the  Election  Code,  nor
32    shall   any   residential   site   be  acquired  unless  such
33    proposition to acquire a site is submitted to the  voters  of
34    the  district  at  a referendum held at a regularly scheduled
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 1    election after the board has certified the proposition to the
 2    proper election authorities in accordance  with  the  general
 3    election  law  and  a  majority  of all the votes cast on the
 4    proposition is in favor of the proposition. Nothing  in  this
 5    Act  or in any other law shall be construed as to require the
 6    notice of the bond referendum to be published over  the  name
 7    or title of the election authority or the listing of maturity
 8    dates  of  any bonds either in the notice of bond election or
 9    ballot used in the bond election.  Such  proposition  may  be
10    initiated by resolution of the school board.
11        With  respect  to  instruments  for  the payment of money
12    issued under this Section either before,  on,  or  after  the
13    effective  date  of  this  amendatory  Act of 1989, it is and
14    always has been the intention of  the  General  Assembly  (i)
15    that   the  Omnibus  Bond  Acts  are  and  always  have  been
16    supplementary  grants  of  power  to  issue  instruments   in
17    accordance  with  the  Omnibus  Bond  Acts, regardless of any
18    provision of this Act that may appear to be or to  have  been
19    more restrictive than those Acts, (ii) that the provisions of
20    this  Section  are  not  a  limitation  on  the supplementary
21    authority granted by the Omnibus Bond Acts,  and  (iii)  that
22    instruments    issued   under   this   Section   within   the
23    supplementary authority granted by the Omnibus Bond Acts  are
24    not  invalid  because  of  any provision of this Act that may
25    appear to be or to have  been  more  restrictive  than  those
26    Acts.
27        The  proceeds of any bonds issued under authority of this
28    Section shall  be  deposited  and  accounted  for  separately
29    within the Site and Construction/Capital Improvements Fund.
30    (Source: P.A. 89-698, eff. 1-14-97.)
31        Section 99.  Effective date.  This Act takes effect upon
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 1    becoming law.

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