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91_SB0933eng SB933 Engrossed LRB9105846PTpk 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Statute on Statutes is amended by 5 changing Section 8 as follows: 6 (5 ILCS 70/8) (from Ch. 1, par. 1107) 7 Sec. 8. Omnibus Bond Acts. 8 (a) A citation to the Omnibus Bond Acts is a citation to 9 all of the following Acts, collectively, as amended from time 10 to time: the Bond Authorization Act, the Registered Bond 11 Act, the Municipal Bond Reform Act, the Local Government Debt 12 Reform Act, subsection (a) of Section 1-7 of the Property Tax 13 Extension Limitation Act, subsection (a) of Section 18-190 of 14 the Property Tax Code, the Uniform Facsimile Signature of 15 Public Officials Act, the Local Government Bond Validity Act, 16 the Illinois Development Finance Authority Act, the Public 17 Funds Investment Act, the Local Government Credit Enhancement 18 Act, the Local Government Defeasance of Debt Law, the 19 Intergovernmental Cooperation Act, the Local Government 20 Financial Planning and Supervision Act, the Special 21 Assessment Supplemental Bond and Procedure Act, Section 12-5 22 of the Election Code, and any similar Act granting additional 23 omnibus bond powers to governmental entities generally, 24 whether enacted before, on, or after the effective date of 25 this amendatory Act of 1989. 26 (b) The General Assembly recognizes that the 27 proliferation of governmental entities has resulted in the 28 enactment of hundreds of statutory provisions relating to the 29 borrowing and other powers of governmental entities. The 30 General Assembly addresses and has addressed problems common 31 to all such governmental entities so that they have equal SB933 Engrossed -2- LRB9105846PTpk 1 access to the municipal bond market. It has been, and will 2 continue to be, the intention of the General Assembly to 3 enact legislation applicable to governmental entities in an 4 omnibus fashion, as has been done in the provisions of the 5 Omnibus Bond Acts. 6 (c) It is and always has been the intention of the 7 General Assembly that the Omnibus Bond Acts are and always 8 have been supplementary grants of power, cumulative in nature 9 and in addition to any power or authority granted in any 10 other laws of the State. The Omnibus Bond Acts are 11 supplementary grants of power when applied in connection with 12 any similar grant of power or limitation contained in any 13 other law of the State, whether or not the other law is 14 enacted or amended after an Omnibus Bond Act or appears to be 15 more restrictive than an Omnibus Bond Act, unless the General 16 Assembly expressly declares in such other law that a 17 specifically named Omnibus Bond Act does not apply. 18 (d) All instruments providing for the payment of money 19 executed by or on behalf of any governmental entity organized 20 by or under the laws of this State, including without 21 limitation the State, to carry out a public governmental or 22 proprietary function, acting through its corporate 23 authorities, or which any governmental entity has assumed or 24 agreed to pay, which were: 25 (1) issued or authorized to be issued by 26 proceedings adopted by such corporate authorities before 27 the effective date of this amendatory Act of 1989; 28 (2) issued or authorized to be issued in accordance 29 with the procedures set forth in or pursuant to any 30 authorization contained in any of the Omnibus Bond Acts; 31 and 32 (3) issued or authorized to be issued for any 33 purpose authorized by the laws of this State, are valid 34 and legally binding obligations of the governmental SB933 Engrossed -3- LRB9105846PTpk 1 entity issuing such instruments, payable in accordance 2 with their terms. 3 (Source: P.A. 90-480, eff. 8-17-97.) 4 Section 10. The Election Code is amended by changing 5 Section 12-5 as follows: 6 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5) 7 Sec. 12-5. Notice for public questions. For all 8 elections held after July 1, 1999, notice of public questions 9 shall be required only as set forth in this Section. Not 10 more than 30 days nor less than 10 days before the date of a 11 regular election at which a public question is to be 12 submitted to the voters of a political or governmental 13 subdivision, and at least 20 days before an emergency 14 referendum, the election authority shall publish notice of 15 the referendum. The notice shall be published once in a 16 local, community newspaper having general circulation in the 17 political or governmental subdivision. The notice shall also 18 be given at least 10 days before the date of the election by 19 posting a copy of the notice at the principal office of the 20 election authority. The local election official shall also 21 post a copy of the notice at the principal office of the 22 political or governmental subdivision, or if there is no 23 principal office at the building in which the governing body 24 of the political or governmental subdivision held its first 25 meeting of the calendar year in which the referendum is being 26 held. The election authority and the political or 27 governmental subdivision may, but are not required to, post 28 the notice electronically on their World Wide Web pages. The 29 notice, which shall appear over the name or title of the 30 election authority, shall be substantially in the following 31 form: 32 NOTICE IS HEREBY GIVEN that at the election to be SB933 Engrossed -4- LRB9105846PTpk 1 held on (insert day of the week), (insert date of 2 election), the following proposition will be submitted to 3 the voters of (name of political or governmental 4 subdivision): 5 (insert the public question as it will appear on the 6 ballot) 7 The polls at the election will be open at 6:00 8 o'clock A.M. and will continue to be open until 7:00 9 o'clock P.M. of that day. 10 Dated (date of notice) 11 (Name or title of the election authority) 12 The notice shall also include any additional information 13 required by the statute authorizing the public question. The 14 notice shall set forth the precincts and polling places at 15 which the referendum will be conducted only in the case of 16 emergency referenda. 17Not more than 30 nor less than 10 days prior to the date18of a regular election at which a public question is to be19submitted to the voters of a political subdivision, and at20least 20 days prior to an emergency referendum, the election21authority shall publish notice of the referendum. The22publication requirements shall be as provided in Section 12-423for notice of election of officers of the political24subdivision. However, notice of a referendum shall include25the public question as it will appear on the ballot and any26additional information required by the statute authorizing27the public question. Such notice shall enumerate the28precincts and polling places at which the referendum will be29conducted only in the case of emergency referenda.30 (Source: P.A. 81-963.) 31 Section 15. The Local Government Debt Reform Act is 32 amended by changing Section 15 as follows: SB933 Engrossed -5- LRB9105846PTpk 1 (30 ILCS 350/15) (from Ch. 17, par. 6915) 2 Sec. 15. Double-barrelled bonds. Whenever revenue bonds 3 have been authorized to be issued pursuant to applicable law 4 or whenever there exists for a governmental unit a revenue 5 source, the procedures set forth in this Section may be used 6 by a governing body. General obligation bonds may be issued 7 in lieu of such revenue bonds as authorized, and general 8 obligation bonds may be issued payable from any revenue 9 source. Such general obligation bonds may be referred to as 10 "alternate bonds". Alternate bonds may be issued without any 11 referendum or backdoor referendum except as provided in this 12 Section, upon the terms provided in Section 10 of this Act 13 without reference to other provisions of law, but only upon 14 the conditions provided in this Section. Alternate bonds 15 shall not be regarded as or included in any computation of 16 indebtedness for the purpose of any statutory provision or 17 limitation except as expressly provided in this Section. 18 Such conditions are: 19 (a) Alternate bonds shall be issued for a lawful 20 corporate purpose. If issued in lieu of revenue bonds, 21 alternate bonds shall be issued for the purposes for which 22 such revenue bonds shall have been authorized. If issued 23 payable from a revenue source in the manner hereinafter 24 provided, which revenue source is limited in its purposes or 25 applications, then the alternate bonds shall be issued only 26 for such limited purposes or applications. Alternate bonds 27 may be issued payable from either enterprise revenues or 28 revenue sources, or both. 29 (b) Alternate bonds shall be subject to backdoor 30 referendum. The provisions of Section 5 of this Act shall 31 apply to such backdoor referendum, together with the 32 provisions hereof. The authorizing ordinance shall be 33 published in a newspaper of general circulation in the 34 governmental unit. Along with or as part of the authorizing SB933 Engrossed -6- LRB9105846PTpk 1 ordinance, there shall be published a notice of (1) the 2 specific number of voters required to sign a petition 3 requesting that the issuance of the alternate bonds be 4 submitted to referendum, (2) the time when such petition must 5 be filed, (3) the date of the prospective referendum, and 6 (4), with respect to authorizing ordinances adopted on or 7 after January 1, 1991, a statement that identifies any 8 revenue source that will be used to pay the principal of and 9 interest on the alternate bonds. The clerk or secretary of 10 the governmental unit shall make a petition form available to 11 anyone requesting one. If no petition is filed with the 12 clerk or secretary within 30 days of publication of the 13 authorizing ordinance and notice, the alternate bonds shall 14 be authorized to be issued. But if within this 30 days 15 period, a petition is filed with such clerk or secretary 16 signed by electors numbering the greater of (i) 7.5% of the 17 registered voters in the governmental unit or (ii) 200 of 18 those registered voters or 15% of those registered voters, 19 whichever is less, asking that the issuance of such alternate 20 bonds be submitted to referendum, the clerk or secretary 21 shall certify such question for submission at an election 22 held in accordance with the general election law. The 23 question on the ballot shall include a statement of any 24 revenue source that will be used to pay the principal of and 25 interest on the alternate bonds. The alternate bonds shall be 26 authorized to be issued if a majority of the votes cast on 27 the question at such election are in favor thereof provided 28 that notice of the bond referendum, ifheretofore or29hereafterheld before July 1, 1999, has beenor shall be30 given in accordance with the provisions of Section 12-5 of 31 the Election Code in effect at the time of the bond 32 referendum, at least 10 and not more than 45 days before the 33 date of the election, notwithstanding the time for 34 publication otherwise imposed by Section 12-5. Notices SB933 Engrossed -7- LRB9105846PTpk 1 required in connection with the submission of public 2 questions on or after July 1, 1999 shall be as set forth in 3 Section 12-5 of the Election Code. Backdoor referendum 4 proceedings for bonds and alternate bonds to be issued in 5 lieu of such bonds may be conducted at the same time. 6 (c) To the extent payable from enterprise revenues, such 7 revenues shall have been determined by the governing body to 8 be sufficient to provide for or pay in each year to final 9 maturity of such alternate bonds all of the following: (1) 10 costs of operation and maintenance of the utility or 11 enterprise, but not including depreciation, (2) debt service 12 on all outstanding revenue bonds payable from such enterprise 13 revenues, (3) all amounts required to meet any fund or 14 account requirements with respect to such outstanding revenue 15 bonds, (4) other contractual or tort liability obligations, 16 if any, payable from such enterprise revenues, and (5) in 17 each year, an amount not less than 1.25 times debt service of 18 all (i) alternate bonds payable from such enterprise revenues 19 previously issued and outstanding and (ii) alternate bonds 20 proposed to be issued. To the extent payable from one or 21 more revenue sources, such sources shall have been determined 22 by the governing body to provide in each year, an amount not 23 less than 1.25 times debt service of all alternate bonds 24 payable from such revenue sources previously issued and 25 outstanding and alternate bonds proposed to be issued. The 26 conditions enumerated in this subsection (c) need not be met 27 for that amount of debt service provided for by the setting 28 aside of proceeds of bonds or other moneys at the time of the 29 delivery of such bonds. 30 (d) The determination of the sufficiency of enterprise 31 revenues or a revenue source, as applicable, shall be 32 supported by reference to the most recent audit of the 33 governmental unit, which shall be for a fiscal year ending 34 not earlier than 18 months previous to the time of issuance SB933 Engrossed -8- LRB9105846PTpk 1 of the alternate bonds. If such audit does not adequately 2 show such enterprise revenues or revenue source, as 3 applicable, or if such enterprise revenues or revenue source, 4 as applicable, are shown to be insufficient, then the 5 determination of sufficiency shall be supported by the report 6 of an independent accountant or feasibility analyst having a 7 national reputation for expertise in such matters, 8 demonstrating the sufficiency of such revenues and 9 explaining, if appropriate, by what means the revenues will 10 be greater than as shown in the audit. Whenever such 11 sufficiency is demonstrated by reference to a schedule of 12 higher rates or charges for enterprise revenues or a higher 13 tax imposition for a revenue source, such higher rates, 14 charges or taxes shall have been properly imposed by an 15 ordinance adopted prior to the time of delivery of alternate 16 bonds. The reference to and acceptance of an audit or 17 report, as the case may be, and the determination of the 18 governing body as to sufficiency of enterprise revenues or a 19 revenue source shall be conclusive evidence that the 20 conditions of this Section have been met and that the 21 alternate bonds are valid. 22 (e) The enterprise revenues or revenue source, as 23 applicable, shall be in fact pledged to the payment of the 24 alternate bonds; and the governing body shall covenant, to 25 the extent it is empowered to do so, to provide for, collect 26 and apply such enterprise revenues or revenue source, as 27 applicable, to the payment of the alternate bonds and the 28 provision of not less than an additional .25 times debt 29 service. The pledge and establishment of rates or charges 30 for enterprise revenues, or the imposition of taxes in a 31 given rate or amount, as provided in this Section for 32 alternate bonds, shall constitute a continuing obligation of 33 the governmental unit with respect to such establishment or 34 imposition and a continuing appropriation of the amounts SB933 Engrossed -9- LRB9105846PTpk 1 received. All covenants relating to alternate bonds and the 2 conditions and obligations imposed by this Section are 3 enforceable by any bondholder of alternate bonds affected, 4 any taxpayer of the governmental unit, and the People of the 5 State of Illinois acting through the Attorney General or any 6 designee, and in the event that any such action results in an 7 order finding that the governmental unit has not properly set 8 rates or charges or imposed taxes to the extent it is 9 empowered to do so or collected and applied enterprise 10 revenues or any revenue source, as applicable, as required by 11 this Act, the plaintiff in any such action shall be awarded 12 reasonable attorney's fees. The intent is that such 13 enterprise revenues or revenue source, as applicable, shall 14 be sufficient and shall be applied to the payment of debt 15 service on such alternate bonds so that taxes need not be 16 levied, or if levied need not be extended, for such payment. 17 Nothing in this Section shall inhibit or restrict the 18 authority of a governing body to determine the lien priority 19 of any bonds, including alternate bonds, which may be issued 20 with respect to any enterprise revenues or revenue source. 21 In the event that alternate bonds shall have been issued 22 and taxes, other than a designated revenue source, shall have 23 been extended pursuant to the general obligation, full faith 24 and credit promise supporting such alternate bonds, then the 25 amount of such alternate bonds then outstanding shall be 26 included in the computation of indebtedness of the 27 governmental unit for purposes of all statutory provisions or 28 limitations until such time as an audit of the governmental 29 unit shall show that the alternate bonds have been paid from 30 the enterprise revenues or revenue source, as applicable, 31 pledged thereto for a complete fiscal year. 32 Alternate bonds may be issued to refund or advance refund 33 alternate bonds without meeting any of the conditions set 34 forth in this Section, except that the term of the refunding SB933 Engrossed -10- LRB9105846PTpk 1 bonds shall not be longer than the term of the refunded bonds 2 and that the debt service payable in any year on the 3 refunding bonds shall not exceed the debt service payable in 4 such year on the refunded bonds. 5 Once issued, alternate bonds shall be and forever remain 6 until paid or defeased the general obligation of the 7 governmental unit, for the payment of which its full faith 8 and credit are pledged, and shall be payable from the levy of 9 taxes as is provided in this Act for general obligation 10 bonds. 11 The changes made by this amendatory Act of 1990 do not 12 affect the validity of bonds authorized before September 1, 13 1990. 14 (Source: P.A. 90-812, eff. 1-26-99.) 15 Section 20. The Property Tax Code is amended by changing 16 Sections 18-205 and 18-210 as follows: 17 (35 ILCS 200/18-205) 18 Sec. 18-205. Referendum to increase the extension 19 limitation. A taxing district is limited to an extension 20 increase of 5% or the percentage increase in the Consumer 21 Price Index during the 12-month calendar year preceding the 22 levy year, whichever is less. A taxing district may increase 23 its extension limitation for a current levy year if that 24 taxing district holds a referendum before the levy date at 25 which a majority of voters voting on the issue approves 26 adoption of a higher extension limitation. Referenda shall 27 be conducted at a regularly scheduled election in accordance 28 with the Election Code provided that notice of the 29 referendum, ifheretofore or hereafterheld before July 1, 30 1999, has beenor shall begiven in accordance with the 31 provisions of Section 12-5 of the Election Code in effect at 32 the time of the bond referendum, at least 10 and not more SB933 Engrossed -11- LRB9105846PTpk 1 than 45 days before the date of the election, notwithstanding 2 the time for publication otherwise imposed by Section 12-5. 3 Notices required in connection with the submission of public 4 questions on or after July 1, 1999 shall be as set forth in 5 Section 12-5 of the Election Code. The question shall be 6 presented in substantially the following manner: 7 ------------------------------------------------------------- 8 Shall the extension limitation 9 under the Property Tax Extension 10 Limitation Law for ... YES 11 (taxing district name) ... be increased 12 from ... (the lesser of 5% or the ------------------ 13 increase in the Consumer Price Index over 14 the prior levy year) ...% to ... (percentage NO 15 of proposed increase) ...% for the ... 16 (levy year) ... levy year? 17 ------------------------------------------------------------- 18 If a majority of voters voting on the issue approves the 19 adoption of the increase, the increase shall be applicable 20 for the levy year specified. 21 (Source: P.A. 90-812, eff. 1-26-99.) 22 (35 ILCS 200/18-210) 23 Sec. 18-210. Establishing a new levy. Except as provided 24 in Section 18-215, as it relates to a transfer of a service, 25 before a county clerk may extend taxes for funds subject to 26 the limitations of this Law, a new taxing district or a 27 taxing district with an aggregate extension base of zero 28 shall hold a referendum establishing a maximum aggregate 29 extension for the levy year. The maximum aggregate extension 30 is established for the current levy year if a taxing district 31 has held a referendum before the levy date at which the 32 majority voting on the issue approves its adoption. The 33 referendum under this Section may be held at the same time as SB933 Engrossed -12- LRB9105846PTpk 1 the referendum on creating a new taxing district. The 2 question shall be submitted to the voters at a regularly 3 scheduled election in accordance with the Election Code 4 provided that notice of referendum, ifheretofore or5hereafterheld before July 1, 1999, has beenor shall be6 given in accordance with the provisions of Section 12-5 of 7 the Election Code in effect at the time of the bond 8 referendum, at least 10 and not more than 45 days before the 9 date of the election, notwithstanding the time for 10 publication otherwise imposed by Section 12-5. Notices 11 required in connection with the submission of public 12 questions on or after July 1, 1999 shall be as set forth in 13 Section 12-5 of the Election Code. The question shall be 14 submitted in substantially the following form: 15 ------------------------------------------------------------- 16 Under the Property Tax Extension 17 Limitation Law, may an YES 18 aggregate extension not to exceed ... 19 (aggregate extension amount) ... --------------------- 20 be made for the ... (taxing 21 district name) ... for the NO 22 ... (levy year) ... levy year? 23 ------------------------------------------------------------- 24 If a majority of voters voting on the increase approves the 25 adoption of the aggregate extension, the extension shall be 26 effective for the levy year specified. 27 (Source: P.A. 90-812, eff. 1-26-99.) 28 Section 25. The Illinois Pension Code is amended by 29 changing Section 3-145 as follows: 30 (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145) 31 Sec. 3-145. Referendum in municipalities less than 32 5,000. This Article shall not be effective in any SB933 Engrossed -13- LRB9105846PTpk 1 municipality having a population of less than 5,000 unless 2 the proposition to adopt the Article is submitted to and 3 approved by the voters of the municipality in the manner 4 herein provided. 5 Whenever the electors of the municipality, equal in 6 number to 5% of the number of legal votes cast at the last 7 preceding general municipal election, petition the city, 8 village or town clerk to submit the proposition whether that 9 municipality shall adopt this Article, the officer to whom 10 the petition is addressed shall certify the proposition to 11 the proper election officials who shall submit the 12 proposition in accordance with the general election law at a 13 regular election in the municipality provided that notice of 14 the referendum, ifheretofore or hereafterheld before July 15 1, 1999, has beenor shall begiven in accordance with the 16 provisions of Section 12-5 of the Election Code in effect at 17 the time of the bond referendum, at least 10 and not more 18 than 45 days before the date of the election, notwithstanding 19 the time for publication otherwise imposed by Section 12-5. 20 Notices required in connection with the submission of public 21 questions on or after July 1, 1999 shall be as set forth in 22 Section 12-5 of the Election Code. If the proposition is not 23 adopted at that election, it may be submitted in like manner 24 at any regular election thereafter. The proposition shall be 25 substantially in the following form: 26 ------------------------------------------------------------- 27 Shall the city (or village or 28 incorporated town) of.... adopt YES 29 Article 3 of the "Illinois Pension ----------------------- 30 Code", pertaining to the creation NO 31 of a police pension fund? 32 ------------------------------------------------------------- 33 If a majority of the votes cast on the proposition is for the 34 proposition, this Article is adopted in that municipality. SB933 Engrossed -14- LRB9105846PTpk 1 (Source: P.A. 90-812, eff. 1-26-99.) 2 Section 30. The Illinois Municipal Code is amended by 3 changing Section 8-4-1 as follows: 4 (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1) 5 Sec. 8-4-1. No bonds shall be issued by the corporate 6 authorities of any municipality until the question of 7 authorizing such bonds has been submitted to the electors of 8 that municipality provided that notice of the bond 9 referendum, ifheretofore or hereafterheld before July 1, 10 1999, has beenor shall begiven in accordance with the 11 provisions of Section 12-5 of the Election Code in effect at 12 the time of the bond referendum, at least 10 and not more 13 than 45 days before the date of the election, notwithstanding 14 the time for publication otherwise imposed by Section 12-5, 15 and approved by a majority of the electors voting upon that 16 question. Notices required in connection with the submission 17 of public questions on or after July 1, 1999 shall be as set 18 forth in Section 12-5 of the Election Code. The clerk shall 19 certify the proposition of the corporate authorities to the 20 proper election authority who shall submit the question at an 21 election in accordance with the general election law, subject 22 to the notice provisions set forth in this Section. 23 Notice of any such election shall contain the amount of 24 the bond issue, purpose for which issued, and maximum rate of 25 interest. 26 However, without the submission of the question of 27 issuing bonds to the electors, the corporate authorities of 28 any municipality may authorize the issuance of any of the 29 following bonds: 30 (1) Bonds to refund any existing bonded indebtedness; 31 (2) Bonds to fund or refund any existing judgment 32 indebtedness; SB933 Engrossed -15- LRB9105846PTpk 1 (3) In any municipality of less than 500,000 population, 2 bonds to anticipate the collection of installments of special 3 assessments and special taxes against property owned by the 4 municipality and to anticipate the collection of the amount 5 apportioned to the municipality as public benefits under 6 Article 9; 7 (4) Bonds issued by any municipality under Sections 8 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1 9 through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through 10 11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through 11 11-94-7, 11-102-1 through 11-102-10, 11-103-11 through 12 11-103-15, 11-118-1 through 11-118-6, 11-119-1 through 13 11-119-5, 11-129-1 through 11-129-7, 11-133-1 through 14 11-133-4, 11-139-1 through 11-139-12, 11-141-1 through 15 11-141-18 of this Code or 10-801 through 10-808 of the 16 Illinois Highway Code, as amended; 17 (5) Bonds issued by the board of education of any school 18 district under the provisions of Sections 34-30 through 34-36 19 of The School Code, as amended; 20 (6) Bonds issued by any municipality under the 21 provisions of Division 6 of this Article 8; and by any 22 municipality under the provisions of Division 7 of this 23 Article 8; or under the provisions of Sections 11-121-4 and 24 11-121-5; 25 (7) Bonds to pay for the purchase of voting machines by 26 any municipality that has adopted Article 24 of The Election 27 Code, approved May 11, 1943, as amended; 28 (8) Bonds issued by any municipality under Sections 15 29 and 46 of the "Environmental Protection Act", approved June 30 29, 1970; 31 (9) Bonds issued by the corporate authorities of any 32 municipality under the provisions of Section 8-4-25 of this 33 Article 8; 34 (10) Bonds issued under Section 8-4-26 of this Article 8 SB933 Engrossed -16- LRB9105846PTpk 1 by any municipality having a board of election commissioners; 2 (11) Bonds issued under the provisions of "An Act to 3 provide the manner of levying or imposing taxes for the 4 provision of special services to areas within the boundaries 5 of home rule units and nonhome rule municipalities and 6 counties", approved September 21, 1973; 7 (12) Bonds issued under Section 8-5-16 of this Code; 8 (13) Bonds to finance the cost of the acquisition, 9 construction or improvement of water or wastewater treatment 10 facilities mandated by an enforceable compliance schedule 11 developed in connection with the federal Clean Water Act or a 12 compliance order issued by the United States Environmental 13 Protection Agency or the Illinois Pollution Control Board; 14 provided that such bonds are authorized by an ordinance 15 adopted by a three-fifths majority of the corporate 16 authorities of the municipality issuing the bonds which 17 ordinance shall specify that the construction or improvement 18 of such facilities is necessary to alleviate an emergency 19 condition in such municipality; 20 (14) Bonds issued by any municipality pursuant to 21 Section 11-113.1-1; 22 (15) Bonds issued under Sections 11-74.6-1 through 23 11-74.6-45, the Industrial Jobs Recovery Law of this Code. 24 (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.) 25 Section 35. The Public Library District Act of 1991 is 26 amended by changing Section 40-15 as follows: 27 (75 ILCS 16/40-15) 28 Sec. 40-15. Voter approval of bonds. 29 (a) Bonds shall not be issued, nor the special tax 30 imposed, until the proposition to issue the bonds has been 31 submitted to and approved by a majority of the voters of the 32 district voting upon the proposition at a regular election SB933 Engrossed -17- LRB9105846PTpk 1 provided that notice of the bond referendum, ifheretofore or2hereafterheld before July 1, 1999, has beenor shall be3 given in accordance with the provisions of Section 12-5 of 4 the Election Code in effect at the time of the bond 5 referendum, at least 10 and not more than 45 days before the 6 date of the election, notwithstanding the time for 7 publication otherwise imposed by Section 12-5. Notices 8 required in connection with the submission of public 9 questions on or after July 1, 1999 shall be as set forth in 10 Section 12-5 of the Election Code. The board shall by 11 ordinance designate the election at which the proposition is 12 to be submitted and the amount of the bonds and their 13 purpose. The board shall certify the proposition to the 14 proper election authority, who shall submit the proposition 15 in accordance with the Election Code, subject to the notice 16 provisions set forth in this Section. 17 (b) The proposition to issue bonds shall be in 18 substantially the following form: 19 Shall the bonds of (name of public library 20 district), (location), Illinois, in the amount of 21 $(amount) be issued for the purpose of (state one or more 22 purposes authorized in Section 40-5)? 23 (c) When so authorized, the bonds shall be issued in the 24 name of the district, signed by the president and secretary, 25 and countersigned by the treasurer, with the seal of the 26 district affixed. 27 (Source: P.A. 90-812, eff. 1-26-99.) 28 Section 40. The School Code is amended by changing 29 Section 19-3 as follows: 30 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) 31 Sec. 19-3. Boards of education. Any school district 32 governed by a board of education and having a population of SB933 Engrossed -18- LRB9105846PTpk 1 not more than 500,000 inhabitants, and not governed by a 2 special Act may borrow money for the purpose of building, 3 equipping, altering or repairing school buildings or 4 purchasing or improving school sites, or acquiring and 5 equipping playgrounds, recreation grounds, athletic fields, 6 and other buildings or land used or useful for school 7 purposes or for the purpose of purchasing a site, with or 8 without a building or buildings thereon, or for the building 9 of a house or houses on such site, or for the building of a 10 house or houses on the school site of the school district, 11 for residential purposes of the superintendent, principal, or 12 teachers of the school district, and issue its negotiable 13 coupon bonds therefor signed by the president and secretary 14 of the board, in denominations of not less than $100 nor more 15 than $5,000, payable at such place and at such time or times, 16 not exceeding 20 years from date of issuance, as the board of 17 education may prescribe, and bearing interest at a rate not 18 to exceed the maximum rate authorized by the Bond 19 Authorization Act, as amended at the time of the making of 20 the contract, payable annually, semiannually or quarterly, 21 but no such bonds shall be issued unless the proposition to 22 issue them is submitted to the voters of the district at a 23 referendum held at a regularly scheduled election after the 24 board has certified the proposition to the proper election 25 authorities in accordance with the general election law, a 26 majority of all the votes cast on the proposition is in favor 27 of the proposition, and notice of such bond referendum (if 28 heretofore or hereafter held at any general election) has 29 been given either (i) in accordance with the second paragraph 30 of Section 12-1 of the Election Code irrespective of whether 31 such notice included any reference to the public question as 32 it appeared on the ballot, or (ii) for an election held on or 33 after November 1, 1998, in accordance with Section 12-5 of 34 the Election Code, or (iii) by publication of a true and SB933 Engrossed -19- LRB9105846PTpk 1 legible copy of the specimen ballot label containing the 2 proposition in the form in which it appeared or will appear 3 on the official ballot label on the day of the election at 4 least 5 days before the day of the election in at least one 5 newspaper published in and having a general circulation in 6 each county in which the district is located, irrespective of 7 any other requirements of Article 12 or Section 24A-18 of the 8 Election Code, nor shall any residential site be acquired 9 unless such proposition to acquire a site is submitted to the 10 voters of the district at a referendum held at a regularly 11 scheduled election after the board has certified the 12 proposition to the proper election authorities in accordance 13 with the general election law and a majority of all the votes 14 cast on the proposition is in favor of the proposition. 15 Nothing in this Act or in any other law shall be construed to 16 require the notice of the bond referendum to be published 17 over the name or title of the election authority or the 18 listing of maturity dates of any bonds either in the notice 19 of bond election or ballot used in the bond election. The 20 provisions of this Section concerning notice of the bond 21 referendum apply only to elections held before July 1, 1999; 22 thereafter, notices required in connection with the 23 submission of public questions shall be as set forth in 24 Section 12-5 of the Election Code. Such proposition may be 25 initiated by resolution of the school board. 26 With respect to instruments for the payment of money 27 issued under this Section either before, on, or after the 28 effective date of this amendatory Act of 1989, it is and 29 always has been the intention of the General Assembly (i) 30 that the Omnibus Bond Acts are and always have been 31 supplementary grants of power to issue instruments in 32 accordance with the Omnibus Bond Acts, regardless of any 33 provision of this Act that may appear to be or to have been 34 more restrictive than those Acts, (ii) that the provisions of SB933 Engrossed -20- LRB9105846PTpk 1 this Section are not a limitation on the supplementary 2 authority granted by the Omnibus Bond Acts, and (iii) that 3 instruments issued under this Section within the 4 supplementary authority granted by the Omnibus Bond Acts are 5 not invalid because of any provision of this Act that may 6 appear to be or to have been more restrictive than those 7 Acts. 8 The proceeds of any bonds issued under authority of this 9 Section shall be deposited and accounted for separately 10 within the Site and Construction/Capital Improvements Fund. 11 (Source: P.A. 89-698, eff. 1-14-97; 90-811, eff. 1-26-99; 12 90-812, eff. 1-26-99.) 13 Section 99. Effective date. This Act takes effect upon 14 becoming law.