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91_SB0933sam001
LRB9105846PTpkam01
1 AMENDMENT TO SENATE BILL 933
2 AMENDMENT NO. . Amend Senate Bill 933 by replacing
3 everything after the enacting clause with the following:
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
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1 omnibus bond powers to governmental entities generally,
2 whether enacted before, on, or after the effective date of
3 this amendatory Act of 1989.
4 (b) The General Assembly recognizes that the
5 proliferation of governmental entities has resulted in the
6 enactment of hundreds of statutory provisions relating to the
7 borrowing and other powers of governmental entities. The
8 General Assembly addresses and has addressed problems common
9 to all such governmental entities so that they have equal
10 access to the municipal bond market. It has been, and will
11 continue to be, the intention of the General Assembly to
12 enact legislation applicable to governmental entities in an
13 omnibus fashion, as has been done in the provisions of the
14 Omnibus Bond Acts.
15 (c) It is and always has been the intention of the
16 General Assembly that the Omnibus Bond Acts are and always
17 have been supplementary grants of power, cumulative in nature
18 and in addition to any power or authority granted in any
19 other laws of the State. The Omnibus Bond Acts are
20 supplementary grants of power when applied in connection with
21 any similar grant of power or limitation contained in any
22 other law of the State, whether or not the other law is
23 enacted or amended after an Omnibus Bond Act or appears to be
24 more restrictive than an Omnibus Bond Act, unless the General
25 Assembly expressly declares in such other law that a
26 specifically named Omnibus Bond Act does not apply.
27 (d) All instruments providing for the payment of money
28 executed by or on behalf of any governmental entity organized
29 by or under the laws of this State, including without
30 limitation the State, to carry out a public governmental or
31 proprietary function, acting through its corporate
32 authorities, or which any governmental entity has assumed or
33 agreed to pay, which were:
34 (1) issued or authorized to be issued by
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1 proceedings adopted by such corporate authorities before
2 the effective date of this amendatory Act of 1989;
3 (2) issued or authorized to be issued in accordance
4 with the procedures set forth in or pursuant to any
5 authorization contained in any of the Omnibus Bond Acts;
6 and
7 (3) issued or authorized to be issued for any
8 purpose authorized by the laws of this State, are valid
9 and legally binding obligations of the governmental
10 entity issuing such instruments, payable in accordance
11 with their terms.
12 (Source: P.A. 90-480, eff. 8-17-97.)
13 Section 10. The Election Code is amended by changing
14 Section 12-5 as follows:
15 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
16 Sec. 12-5. Notice for public questions. For all
17 elections held after July 1, 1999, notice of public questions
18 shall be required only as set forth in this Section. Not
19 more than 30 days nor less than 10 days before the date of a
20 regular election at which a public question is to be
21 submitted to the voters of a political or governmental
22 subdivision, and at least 20 days before an emergency
23 referendum, the election authority shall publish notice of
24 the referendum. The notice shall be published once in a
25 local, community newspaper having general circulation in the
26 political or governmental subdivision. The notice shall also
27 be given at least 10 days before the date of the election by
28 posting a copy of the notice at the principal office of the
29 election authority. The local election official shall also
30 post a copy of the notice at the principal office of the
31 political or governmental subdivision, or if there is no
32 principal office at the building in which the governing body
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1 of the political or governmental subdivision held its first
2 meeting of the calendar year in which the referendum is being
3 held. The election authority and the political or
4 governmental subdivision may, but are not required to, post
5 the notice electronically on their World Wide Web pages. The
6 notice, which shall appear over the name or title of the
7 election authority, shall be substantially in the following
8 form:
9 NOTICE IS HEREBY GIVEN that at the election to be
10 held on (insert day of the week), (insert date of
11 election), the following proposition will be submitted to
12 the voters of (name of political or governmental
13 subdivision):
14 (insert the public question as it will appear on the
15 ballot)
16 The polls at the election will be open at 6:00
17 o'clock A.M. and will continue to be open until 7:00
18 o'clock P.M. of that day.
19 Dated (date of notice)
20 (Name or title of the election authority)
21 The notice shall also include any additional information
22 required by the statute authorizing the public question. The
23 notice shall set forth the precincts and polling places at
24 which the referendum will be conducted only in the case of
25 emergency referenda.
26 Not more than 30 nor less than 10 days prior to the date
27 of a regular election at which a public question is to be
28 submitted to the voters of a political subdivision, and at
29 least 20 days prior to an emergency referendum, the election
30 authority shall publish notice of the referendum. The
31 publication requirements shall be as provided in Section 12-4
32 for notice of election of officers of the political
33 subdivision. However, notice of a referendum shall include
34 the public question as it will appear on the ballot and any
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1 additional information required by the statute authorizing
2 the public question. Such notice shall enumerate the
3 precincts and polling places at which the referendum will be
4 conducted only in the case of emergency referenda.
5 (Source: P.A. 81-963.)
6 Section 15. The Local Government Debt Reform Act is
7 amended by changing Section 15 as follows:
8 (30 ILCS 350/15) (from Ch. 17, par. 6915)
9 Sec. 15. Double-barrelled bonds. Whenever revenue bonds
10 have been authorized to be issued pursuant to applicable law
11 or whenever there exists for a governmental unit a revenue
12 source, the procedures set forth in this Section may be used
13 by a governing body. General obligation bonds may be issued
14 in lieu of such revenue bonds as authorized, and general
15 obligation bonds may be issued payable from any revenue
16 source. Such general obligation bonds may be referred to as
17 "alternate bonds". Alternate bonds may be issued without any
18 referendum or backdoor referendum except as provided in this
19 Section, upon the terms provided in Section 10 of this Act
20 without reference to other provisions of law, but only upon
21 the conditions provided in this Section. Alternate bonds
22 shall not be regarded as or included in any computation of
23 indebtedness for the purpose of any statutory provision or
24 limitation except as expressly provided in this Section.
25 Such conditions are:
26 (a) Alternate bonds shall be issued for a lawful
27 corporate purpose. If issued in lieu of revenue bonds,
28 alternate bonds shall be issued for the purposes for which
29 such revenue bonds shall have been authorized. If issued
30 payable from a revenue source in the manner hereinafter
31 provided, which revenue source is limited in its purposes or
32 applications, then the alternate bonds shall be issued only
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1 for such limited purposes or applications. Alternate bonds
2 may be issued payable from either enterprise revenues or
3 revenue sources, or both.
4 (b) Alternate bonds shall be subject to backdoor
5 referendum. The provisions of Section 5 of this Act shall
6 apply to such backdoor referendum, together with the
7 provisions hereof. The authorizing ordinance shall be
8 published in a newspaper of general circulation in the
9 governmental unit. Along with or as part of the authorizing
10 ordinance, there shall be published a notice of (1) the
11 specific number of voters required to sign a petition
12 requesting that the issuance of the alternate bonds be
13 submitted to referendum, (2) the time when such petition must
14 be filed, (3) the date of the prospective referendum, and
15 (4), with respect to authorizing ordinances adopted on or
16 after January 1, 1991, a statement that identifies any
17 revenue source that will be used to pay the principal of and
18 interest on the alternate bonds. The clerk or secretary of
19 the governmental unit shall make a petition form available to
20 anyone requesting one. If no petition is filed with the
21 clerk or secretary within 30 days of publication of the
22 authorizing ordinance and notice, the alternate bonds shall
23 be authorized to be issued. But if within this 30 days
24 period, a petition is filed with such clerk or secretary
25 signed by electors numbering the greater of (i) 7.5% of the
26 registered voters in the governmental unit or (ii) 200 of
27 those registered voters or 15% of those registered voters,
28 whichever is less, asking that the issuance of such alternate
29 bonds be submitted to referendum, the clerk or secretary
30 shall certify such question for submission at an election
31 held in accordance with the general election law. The
32 question on the ballot shall include a statement of any
33 revenue source that will be used to pay the principal of and
34 interest on the alternate bonds. The alternate bonds shall be
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1 authorized to be issued if a majority of the votes cast on
2 the question at such election are in favor thereof provided
3 that notice of the bond referendum, if heretofore or
4 hereafter held before July 1, 1999, has been or shall be
5 given in accordance with the provisions of Section 12-5 of
6 the Election Code in effect at the time of the bond
7 referendum, at least 10 and not more than 45 days before the
8 date of the election, notwithstanding the time for
9 publication otherwise imposed by Section 12-5. Notices
10 required in connection with the submission of public
11 questions on or after July 1, 1999 shall be as set forth in
12 Section 12-5 of the Election Code. Backdoor referendum
13 proceedings for bonds and alternate bonds to be issued in
14 lieu of such bonds may be conducted at the same time.
15 (c) To the extent payable from enterprise revenues, such
16 revenues shall have been determined by the governing body to
17 be sufficient to provide for or pay in each year to final
18 maturity of such alternate bonds all of the following: (1)
19 costs of operation and maintenance of the utility or
20 enterprise, but not including depreciation, (2) debt service
21 on all outstanding revenue bonds payable from such enterprise
22 revenues, (3) all amounts required to meet any fund or
23 account requirements with respect to such outstanding revenue
24 bonds, (4) other contractual or tort liability obligations,
25 if any, payable from such enterprise revenues, and (5) in
26 each year, an amount not less than 1.25 times debt service of
27 all (i) alternate bonds payable from such enterprise revenues
28 previously issued and outstanding and (ii) alternate bonds
29 proposed to be issued. To the extent payable from one or
30 more revenue sources, such sources shall have been determined
31 by the governing body to provide in each year, an amount not
32 less than 1.25 times debt service of all alternate bonds
33 payable from such revenue sources previously issued and
34 outstanding and alternate bonds proposed to be issued. The
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1 conditions enumerated in this subsection (c) need not be met
2 for that amount of debt service provided for by the setting
3 aside of proceeds of bonds or other moneys at the time of the
4 delivery of such bonds.
5 (d) The determination of the sufficiency of enterprise
6 revenues or a revenue source, as applicable, shall be
7 supported by reference to the most recent audit of the
8 governmental unit, which shall be for a fiscal year ending
9 not earlier than 18 months previous to the time of issuance
10 of the alternate bonds. If such audit does not adequately
11 show such enterprise revenues or revenue source, as
12 applicable, or if such enterprise revenues or revenue source,
13 as applicable, are shown to be insufficient, then the
14 determination of sufficiency shall be supported by the report
15 of an independent accountant or feasibility analyst having a
16 national reputation for expertise in such matters,
17 demonstrating the sufficiency of such revenues and
18 explaining, if appropriate, by what means the revenues will
19 be greater than as shown in the audit. Whenever such
20 sufficiency is demonstrated by reference to a schedule of
21 higher rates or charges for enterprise revenues or a higher
22 tax imposition for a revenue source, such higher rates,
23 charges or taxes shall have been properly imposed by an
24 ordinance adopted prior to the time of delivery of alternate
25 bonds. The reference to and acceptance of an audit or
26 report, as the case may be, and the determination of the
27 governing body as to sufficiency of enterprise revenues or a
28 revenue source shall be conclusive evidence that the
29 conditions of this Section have been met and that the
30 alternate bonds are valid.
31 (e) The enterprise revenues or revenue source, as
32 applicable, shall be in fact pledged to the payment of the
33 alternate bonds; and the governing body shall covenant, to
34 the extent it is empowered to do so, to provide for, collect
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1 and apply such enterprise revenues or revenue source, as
2 applicable, to the payment of the alternate bonds and the
3 provision of not less than an additional .25 times debt
4 service. The pledge and establishment of rates or charges
5 for enterprise revenues, or the imposition of taxes in a
6 given rate or amount, as provided in this Section for
7 alternate bonds, shall constitute a continuing obligation of
8 the governmental unit with respect to such establishment or
9 imposition and a continuing appropriation of the amounts
10 received. All covenants relating to alternate bonds and the
11 conditions and obligations imposed by this Section are
12 enforceable by any bondholder of alternate bonds affected,
13 any taxpayer of the governmental unit, and the People of the
14 State of Illinois acting through the Attorney General or any
15 designee, and in the event that any such action results in an
16 order finding that the governmental unit has not properly set
17 rates or charges or imposed taxes to the extent it is
18 empowered to do so or collected and applied enterprise
19 revenues or any revenue source, as applicable, as required by
20 this Act, the plaintiff in any such action shall be awarded
21 reasonable attorney's fees. The intent is that such
22 enterprise revenues or revenue source, as applicable, shall
23 be sufficient and shall be applied to the payment of debt
24 service on such alternate bonds so that taxes need not be
25 levied, or if levied need not be extended, for such payment.
26 Nothing in this Section shall inhibit or restrict the
27 authority of a governing body to determine the lien priority
28 of any bonds, including alternate bonds, which may be issued
29 with respect to any enterprise revenues or revenue source.
30 In the event that alternate bonds shall have been issued
31 and taxes, other than a designated revenue source, shall have
32 been extended pursuant to the general obligation, full faith
33 and credit promise supporting such alternate bonds, then the
34 amount of such alternate bonds then outstanding shall be
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1 included in the computation of indebtedness of the
2 governmental unit for purposes of all statutory provisions or
3 limitations until such time as an audit of the governmental
4 unit shall show that the alternate bonds have been paid from
5 the enterprise revenues or revenue source, as applicable,
6 pledged thereto for a complete fiscal year.
7 Alternate bonds may be issued to refund or advance refund
8 alternate bonds without meeting any of the conditions set
9 forth in this Section, except that the term of the refunding
10 bonds shall not be longer than the term of the refunded bonds
11 and that the debt service payable in any year on the
12 refunding bonds shall not exceed the debt service payable in
13 such year on the refunded bonds.
14 Once issued, alternate bonds shall be and forever remain
15 until paid or defeased the general obligation of the
16 governmental unit, for the payment of which its full faith
17 and credit are pledged, and shall be payable from the levy of
18 taxes as is provided in this Act for general obligation
19 bonds.
20 The changes made by this amendatory Act of 1990 do not
21 affect the validity of bonds authorized before September 1,
22 1990.
23 (Source: P.A. 90-812, eff. 1-26-99.)
24 Section 20. The Property Tax Code is amended by changing
25 Sections 18-205 and 18-210 as follows:
26 (35 ILCS 200/18-205)
27 Sec. 18-205. Referendum to increase the extension
28 limitation. A taxing district is limited to an extension
29 increase of 5% or the percentage increase in the Consumer
30 Price Index during the 12-month calendar year preceding the
31 levy year, whichever is less. A taxing district may increase
32 its extension limitation for a current levy year if that
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1 taxing district holds a referendum before the levy date at
2 which a majority of voters voting on the issue approves
3 adoption of a higher extension limitation. Referenda shall
4 be conducted at a regularly scheduled election in accordance
5 with the Election Code provided that notice of the
6 referendum, if heretofore or hereafter held before July 1,
7 1999, has been or shall be given in accordance with the
8 provisions of Section 12-5 of the Election Code in effect at
9 the time of the bond referendum, at least 10 and not more
10 than 45 days before the date of the election, notwithstanding
11 the time for publication otherwise imposed by Section 12-5.
12 Notices required in connection with the submission of public
13 questions on or after July 1, 1999 shall be as set forth in
14 Section 12-5 of the Election Code. The question shall be
15 presented in substantially the following manner:
16 -------------------------------------------------------------
17 Shall the extension limitation
18 under the Property Tax Extension
19 Limitation Law for ... YES
20 (taxing district name) ... be increased
21 from ... (the lesser of 5% or the ------------------
22 increase in the Consumer Price Index over
23 the prior levy year) ...% to ... (percentage NO
24 of proposed increase) ...% for the ...
25 (levy year) ... levy year?
26 -------------------------------------------------------------
27 If a majority of voters voting on the issue approves the
28 adoption of the increase, the increase shall be applicable
29 for the levy year specified.
30 (Source: P.A. 90-812, eff. 1-26-99.)
31 (35 ILCS 200/18-210)
32 Sec. 18-210. Establishing a new levy. Except as provided
33 in Section 18-215, as it relates to a transfer of a service,
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1 before a county clerk may extend taxes for funds subject to
2 the limitations of this Law, a new taxing district or a
3 taxing district with an aggregate extension base of zero
4 shall hold a referendum establishing a maximum aggregate
5 extension for the levy year. The maximum aggregate extension
6 is established for the current levy year if a taxing district
7 has held a referendum before the levy date at which the
8 majority voting on the issue approves its adoption. The
9 referendum under this Section may be held at the same time as
10 the referendum on creating a new taxing district. The
11 question shall be submitted to the voters at a regularly
12 scheduled election in accordance with the Election Code
13 provided that notice of referendum, if heretofore or
14 hereafter held before July 1, 1999, has been or shall be
15 given in accordance with the provisions of Section 12-5 of
16 the Election Code in effect at the time of the bond
17 referendum, at least 10 and not more than 45 days before the
18 date of the election, notwithstanding the time for
19 publication otherwise imposed by Section 12-5. Notices
20 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. The question shall be
23 submitted in substantially the following form:
24 -------------------------------------------------------------
25 Under the Property Tax Extension
26 Limitation Law, may an YES
27 aggregate extension not to exceed ...
28 (aggregate extension amount) ... ---------------------
29 be made for the ... (taxing
30 district name) ... for the NO
31 ... (levy year) ... levy year?
32 -------------------------------------------------------------
33 If a majority of voters voting on the increase approves the
34 adoption of the aggregate extension, the extension shall be
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1 effective for the levy year specified.
2 (Source: P.A. 90-812, eff. 1-26-99.)
3 Section 25. The Illinois Pension Code is amended by
4 changing Section 3-145 as follows:
5 (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
6 Sec. 3-145. Referendum in municipalities less than
7 5,000. This Article shall not be effective in any
8 municipality having a population of less than 5,000 unless
9 the proposition to adopt the Article is submitted to and
10 approved by the voters of the municipality in the manner
11 herein provided.
12 Whenever the electors of the municipality, equal in
13 number to 5% of the number of legal votes cast at the last
14 preceding general municipal election, petition the city,
15 village or town clerk to submit the proposition whether that
16 municipality shall adopt this Article, the officer to whom
17 the petition is addressed shall certify the proposition to
18 the proper election officials who shall submit the
19 proposition in accordance with the general election law at a
20 regular election in the municipality provided that notice of
21 the referendum, if heretofore or hereafter held before July
22 1, 1999, has been or shall be given in accordance with the
23 provisions of Section 12-5 of the Election Code in effect at
24 the time of the bond referendum, at least 10 and not more
25 than 45 days before the date of the election, notwithstanding
26 the time for publication otherwise imposed by Section 12-5.
27 Notices required in connection with the submission of public
28 questions on or after July 1, 1999 shall be as set forth in
29 Section 12-5 of the Election Code. If the proposition is not
30 adopted at that election, it may be submitted in like manner
31 at any regular election thereafter. The proposition shall be
32 substantially in the following form:
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1 -------------------------------------------------------------
2 Shall the city (or village or
3 incorporated town) of.... adopt YES
4 Article 3 of the "Illinois Pension -----------------------
5 Code", pertaining to the creation NO
6 of a police pension fund?
7 -------------------------------------------------------------
8 If a majority of the votes cast on the proposition is for the
9 proposition, this Article is adopted in that municipality.
10 (Source: P.A. 90-812, eff. 1-26-99.)
11 Section 30. The Illinois Municipal Code is amended by
12 changing Section 8-4-1 as follows:
13 (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
14 Sec. 8-4-1. No bonds shall be issued by the corporate
15 authorities of any municipality until the question of
16 authorizing such bonds has been submitted to the electors of
17 that municipality provided that notice of the bond
18 referendum, if heretofore or hereafter held before July 1,
19 1999, has been or shall be given in accordance with the
20 provisions of Section 12-5 of the Election Code in effect at
21 the time of the bond referendum, at least 10 and not more
22 than 45 days before the date of the election, notwithstanding
23 the time for publication otherwise imposed by Section 12-5,
24 and approved by a majority of the electors voting upon that
25 question. Notices required in connection with the submission
26 of public questions on or after July 1, 1999 shall be as set
27 forth in Section 12-5 of the Election Code. The clerk shall
28 certify the proposition of the corporate authorities to the
29 proper election authority who shall submit the question at an
30 election in accordance with the general election law, subject
31 to the notice provisions set forth in this Section.
32 Notice of any such election shall contain the amount of
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1 the bond issue, purpose for which issued, and maximum rate of
2 interest.
3 However, without the submission of the question of
4 issuing bonds to the electors, the corporate authorities of
5 any municipality may authorize the issuance of any of the
6 following bonds:
7 (1) Bonds to refund any existing bonded indebtedness;
8 (2) Bonds to fund or refund any existing judgment
9 indebtedness;
10 (3) In any municipality of less than 500,000 population,
11 bonds to anticipate the collection of installments of special
12 assessments and special taxes against property owned by the
13 municipality and to anticipate the collection of the amount
14 apportioned to the municipality as public benefits under
15 Article 9;
16 (4) Bonds issued by any municipality under Sections
17 8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1
18 through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through
19 11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through
20 11-94-7, 11-102-1 through 11-102-10, 11-103-11 through
21 11-103-15, 11-118-1 through 11-118-6, 11-119-1 through
22 11-119-5, 11-129-1 through 11-129-7, 11-133-1 through
23 11-133-4, 11-139-1 through 11-139-12, 11-141-1 through
24 11-141-18 of this Code or 10-801 through 10-808 of the
25 Illinois Highway Code, as amended;
26 (5) Bonds issued by the board of education of any school
27 district under the provisions of Sections 34-30 through 34-36
28 of The School Code, as amended;
29 (6) Bonds issued by any municipality under the
30 provisions of Division 6 of this Article 8; and by any
31 municipality under the provisions of Division 7 of this
32 Article 8; or under the provisions of Sections 11-121-4 and
33 11-121-5;
34 (7) Bonds to pay for the purchase of voting machines by
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1 any municipality that has adopted Article 24 of The Election
2 Code, approved May 11, 1943, as amended;
3 (8) Bonds issued by any municipality under Sections 15
4 and 46 of the "Environmental Protection Act", approved June
5 29, 1970;
6 (9) Bonds issued by the corporate authorities of any
7 municipality under the provisions of Section 8-4-25 of this
8 Article 8;
9 (10) Bonds issued under Section 8-4-26 of this Article 8
10 by any municipality having a board of election commissioners;
11 (11) Bonds issued under the provisions of "An Act to
12 provide the manner of levying or imposing taxes for the
13 provision of special services to areas within the boundaries
14 of home rule units and nonhome rule municipalities and
15 counties", approved September 21, 1973;
16 (12) Bonds issued under Section 8-5-16 of this Code;
17 (13) Bonds to finance the cost of the acquisition,
18 construction or improvement of water or wastewater treatment
19 facilities mandated by an enforceable compliance schedule
20 developed in connection with the federal Clean Water Act or a
21 compliance order issued by the United States Environmental
22 Protection Agency or the Illinois Pollution Control Board;
23 provided that such bonds are authorized by an ordinance
24 adopted by a three-fifths majority of the corporate
25 authorities of the municipality issuing the bonds which
26 ordinance shall specify that the construction or improvement
27 of such facilities is necessary to alleviate an emergency
28 condition in such municipality;
29 (14) Bonds issued by any municipality pursuant to
30 Section 11-113.1-1;
31 (15) Bonds issued under Sections 11-74.6-1 through
32 11-74.6-45, the Industrial Jobs Recovery Law of this Code.
33 (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)
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1 Section 35. The Public Library District Act of 1991 is
2 amended by changing Section 40-15 as follows:
3 (75 ILCS 16/40-15)
4 Sec. 40-15. Voter approval of bonds.
5 (a) Bonds shall not be issued, nor the special tax
6 imposed, until the proposition to issue the bonds has been
7 submitted to and approved by a majority of the voters of the
8 district voting upon the proposition at a regular election
9 provided that notice of the bond referendum, if heretofore or
10 hereafter held before July 1, 1999, has been or shall be
11 given in accordance with the provisions of Section 12-5 of
12 the Election Code in effect at the time of the bond
13 referendum, at least 10 and not more than 45 days before the
14 date of the election, notwithstanding the time for
15 publication otherwise imposed by Section 12-5. Notices
16 required in connection with the submission of public
17 questions on or after July 1, 1999 shall be as set forth in
18 Section 12-5 of the Election Code. The board shall by
19 ordinance designate the election at which the proposition is
20 to be submitted and the amount of the bonds and their
21 purpose. The board shall certify the proposition to the
22 proper election authority, who shall submit the proposition
23 in accordance with the Election Code, subject to the notice
24 provisions set forth in this Section.
25 (b) The proposition to issue bonds shall be in
26 substantially the following form:
27 Shall the bonds of (name of public library
28 district), (location), Illinois, in the amount of
29 $(amount) be issued for the purpose of (state one or more
30 purposes authorized in Section 40-5)?
31 (c) When so authorized, the bonds shall be issued in the
32 name of the district, signed by the president and secretary,
33 and countersigned by the treasurer, with the seal of the
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1 district affixed.
2 (Source: P.A. 90-812, eff. 1-26-99.)
3 Section 40. The School Code is amended by changing
4 Section 19-3 as follows:
5 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
6 Sec. 19-3. Boards of education. Any school district
7 governed by a board of education and having a population of
8 not more than 500,000 inhabitants, and not governed by a
9 special Act may borrow money for the purpose of building,
10 equipping, altering or repairing school buildings or
11 purchasing or improving school sites, or acquiring and
12 equipping playgrounds, recreation grounds, athletic fields,
13 and other buildings or land used or useful for school
14 purposes or for the purpose of purchasing a site, with or
15 without a building or buildings thereon, or for the building
16 of a house or houses on such site, or for the building of a
17 house or houses on the school site of the school district,
18 for residential purposes of the superintendent, principal, or
19 teachers of the school district, and issue its negotiable
20 coupon bonds therefor signed by the president and secretary
21 of the board, in denominations of not less than $100 nor more
22 than $5,000, payable at such place and at such time or times,
23 not exceeding 20 years from date of issuance, as the board of
24 education may prescribe, and bearing interest at a rate not
25 to exceed the maximum rate authorized by the Bond
26 Authorization Act, as amended at the time of the making of
27 the contract, payable annually, semiannually or quarterly,
28 but no such bonds shall be issued unless the proposition to
29 issue them is submitted to the voters of the district at a
30 referendum held at a regularly scheduled election after the
31 board has certified the proposition to the proper election
32 authorities in accordance with the general election law, a
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1 majority of all the votes cast on the proposition is in favor
2 of the proposition, and notice of such bond referendum (if
3 heretofore or hereafter held at any general election) has
4 been given either (i) in accordance with the second paragraph
5 of Section 12-1 of the Election Code irrespective of whether
6 such notice included any reference to the public question as
7 it appeared on the ballot, or (ii) for an election held on or
8 after November 1, 1998, in accordance with Section 12-5 of
9 the Election Code, or (iii) by publication of a true and
10 legible copy of the specimen ballot label containing the
11 proposition in the form in which it appeared or will appear
12 on the official ballot label on the day of the election at
13 least 5 days before the day of the election in at least one
14 newspaper published in and having a general circulation in
15 each county in which the district is located, irrespective of
16 any other requirements of Article 12 or Section 24A-18 of the
17 Election Code, nor shall any residential site be acquired
18 unless such proposition to acquire a site is submitted to the
19 voters of the district at a referendum held at a regularly
20 scheduled election after the board has certified the
21 proposition to the proper election authorities in accordance
22 with the general election law and a majority of all the votes
23 cast on the proposition is in favor of the proposition.
24 Nothing in this Act or in any other law shall be construed to
25 require the notice of the bond referendum to be published
26 over the name or title of the election authority or the
27 listing of maturity dates of any bonds either in the notice
28 of bond election or ballot used in the bond election. The
29 provisions of this Section concerning notice of the bond
30 referendum apply only to elections held before July 1, 1999;
31 thereafter, notices required in connection with the
32 submission of public questions shall be as set forth in
33 Section 12-5 of the Election Code. Such proposition may be
34 initiated by resolution of the school board.
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1 With respect to instruments for the payment of money
2 issued under this Section either before, on, or after the
3 effective date of this amendatory Act of 1989, it is and
4 always has been the intention of the General Assembly (i)
5 that the Omnibus Bond Acts are and always have been
6 supplementary grants of power to issue instruments in
7 accordance with the Omnibus Bond Acts, regardless of any
8 provision of this Act that may appear to be or to have been
9 more restrictive than those Acts, (ii) that the provisions of
10 this Section are not a limitation on the supplementary
11 authority granted by the Omnibus Bond Acts, and (iii) that
12 instruments issued under this Section within the
13 supplementary authority granted by the Omnibus Bond Acts are
14 not invalid because of any provision of this Act that may
15 appear to be or to have been more restrictive than those
16 Acts.
17 The proceeds of any bonds issued under authority of this
18 Section shall be deposited and accounted for separately
19 within the Site and Construction/Capital Improvements Fund.
20 (Source: P.A. 89-698, eff. 1-14-97; 90-811, eff. 1-26-99;
21 90-812, eff. 1-26-99.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.".