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92_SB0975enr SB975 Enrolled LRB9205635MWcd 1 AN ACT in relation to elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. 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 or as set 10 forth in Section 17-3 or 19-3 of the School Code. Not more 11 than 30 days nor less than 10 days before the date of a 12 regular election at which a public question is to be 13 submitted to the voters of a political or governmental 14 subdivision, and at least 20 days before an emergency 15 referendum, the election authority shall publish notice of 16 the referendum. The notice shall be published once in a 17 local, community newspaper having general circulation in the 18 political or governmental subdivision. The notice shall also 19 be given at least 10 days before the date of the election by 20 posting a copy of the notice at the principal office of the 21 election authority. The local election official shall also 22 post a copy of the notice at the principal office of the 23 political or governmental subdivision, or if there is no 24 principal office at the building in which the governing body 25 of the political or governmental subdivision held its first 26 meeting of the calendar year in which the referendum is being 27 held. The election authority and the political or 28 governmental subdivision may, but are not required to, post 29 the notice electronically on their World Wide Web pages. The 30 notice, which shall appear over the name or title of the 31 election authority, shall be substantially in the following SB975 Enrolled -2- LRB9205635MWcd 1 form: 2 NOTICE IS HEREBY GIVEN that at the election to be 3 held on (insert day of the week), (insert date of 4 election), the following proposition will be submitted to 5 the voters of (name of political or governmental 6 subdivision): 7 (insert the public question as it will appear on the 8 ballot) 9 The polls at the election will be open at 6:00 10 o'clock A.M. and will continue to be open until 7:00 11 o'clock P.M. of that day. 12 Dated (date of notice) 13 (Name or title of the election authority) 14 The notice shall also include any additional information 15 required by the statute authorizing the public question. The 16 notice shall set forth the precincts and polling places at 17 which the referendum will be conducted only in the case of 18 emergency referenda. 19 (Source: P.A. 91-57, eff. 6-30-99.) 20 Section 10. The Township Code is amended by changing 21 Sections 115-20 and 115-105 as follows: 22 (60 ILCS 1/115-20) 23 Sec. 115-20. Referendum on recommended plan; petition. 24 (a) If the board recommends adoption of the open space 25 plan, or if a petition is filed by not less than 5% or 50, 26 whichever is greater, of the registered voters of the 27 township (according to the voting registration records at the 28 time the petition is filed) recommending adoption of the open 29 space plan, then the Board, within 30 days of making of the 30 recommendation or the filing of the petition, shall file a 31 petition with the township clerk, requesting the clerk to 32 submit to the voters of the township the question of whether SB975 Enrolled -3- LRB9205635MWcd 1 the township shall adopt the open space plan and enter upon 2 an open space program, with the power to acquire open land by 3 purchase, condemnation (except townships in counties having a 4 population of more than 150,000 but not more than 250,000), 5 or otherwise in the township and with the power to issue 6 bonds for those purposes under this Article. The total amount 7 of bonds to be issued under this Section may not exceed 5% of 8 the valuation of all taxable property in the township and 9 shall be set forth in the question as a dollar amount. The 10 township clerk shall certify that proposition to the proper 11 election officials, who shall submit the proposition to the 12 township voters at the next regular election. The referendum 13 shall be conducted and notice given in accordance with the 14 general election law. 15 (b) The question submitted to the voters at the election 16 shall be in substantially the following form: 17 Shall (name of township) adopt the open space plan 18 considered at the public hearing on (date) and enter upon 19 an open space program, and shall the Township Board have 20 the power (i) to acquire open land by purchase (insert ", 21 condemnation," if the township is in a county having a 22 population of more than 250,000) or otherwise, (ii) to 23 issue bonds for open space purposes in an amount not 24 exceeding $(amount), and (iii) to levy a tax to pay the 25 principal of and interest on those bonds, as provided in 26 Article 115 of the Township Code? 27 The votes shall be recorded as "Yes" or "No". 28 (c) If a majority of the voters voting at the election 29 on the question vote in favor of the question, the township 30 shall thereafter adopt the open space plan recommended by the 31 board or by the petition of the registered voters of the 32 township and shall enter upon an open space program under 33 this Article. If the proposition does not receive the 34 approval of a majority of the voters voting at the election SB975 Enrolled -4- LRB9205635MWcd 1 on the question, no proposition may be submitted to the 2 voters under this Section less than 23 months after the date 3 of the election. 4 (d) If a majority of the legal voters voting at 5 referendum in any township approved a proposition at the 6 consolidated election in 2001 in reliance upon and consistent 7 with this Section 115-20 as it existed prior to the effective 8 date of Public Act 91-847, then that referendum and all 9 actions taken in reliance thereon are hereby validated and 10 are legally binding in all respects. 11 (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00.) 12 (60 ILCS 1/115-105) 13 Sec. 115-105. Borrowing money; bonds. The township 14 board may borrow money and issue bonds, after referendum, for 15 the purpose of acquiring, developing, rehabilitating and 16 renovating open lands for open space purposes, as defined in 17 Section 115-5, pursuant to an open space program adopted as 18 provided in this Article, in and for the township in any 19 amount not to exceed 5% on the valuation of taxable property 20 in the township, to be ascertained by the last assessment for 21 State and county taxes previous to the incurring of such 22 indebtedness or, until January 1, 1983, if greater, the sum 23 that is produced by multiplying the township's 1978 equalized 24 assessed valuation by the debt limitation percentage on 25 January 1, 1979. 26 Whenever the board desires to issue bonds under this 27 Article, or whenever the board receives a petition from not 28 less than 5% or 50, whichever is greater, of the registered 29 voters of the township, according to the voting registration 30 records at the time the petition is filed, requesting the 31 board to issue bonds under this Article, the board, 32 concurrently with the filing of a petition with the township 33 clerk requesting him to submit to the voters of the township SB975 Enrolled -5- LRB9205635MWcd 1 at the next election the question of whether or not to adopt 2 an open space plan and enter upon an open space program, 3 shall certify that proposition to the proper election 4 officials who shall submit to the voters of the township at 5 the next election the question of whether or not the board 6 shall issue bonds to finance an open space program and 7 provide for the levy and collection of a direct annual tax 8 upon all taxable property within the township to meet the 9 principal and interest on the bonds as they mature, which tax 10 shall be in addition to and in excess of any other tax 11 authorized to be levied by the township. The amount of bonds 12 to be issued under this Section shall be set forth in the 13 question as a dollar amount. The election shall be conducted 14 and notice given in accordance with the general election law. 15 The question submitted to the voters at the election shall be 16 in substantially the following form: 17 Shall (name of township) issue bonds to finance the 18 acquisition, maintenance, development, rehabilitation and 19 renovation of open space lands for open space purposes as 20 provided by the Township Open Space Article of the 21 Township Code and levy and collect property taxes, in 22 excess of any other tax authorized to be levied by the 23 township, sufficient to meet the principal and interest 24 on the bonds as they mature, but not in an amount in 25 excess of $(amount)? 26 The votes shall be recorded as "Yes" or "No". 27 If a majority of the voters voting on the question vote 28 in favor of the question, the board shall issue bonds as 29 provided in this Article provided such bonds are issued 30 within 6 months after the voters vote favorably on such 31 question. If such proposition does not receive the approval 32 of a majority of the voters voting at the election on the 33 question, no proposition may be submitted to such voters 34 pursuant to this Section less than 23 months after the date SB975 Enrolled -6- LRB9205635MWcd 1 of such election. 2 The board shall then adopt a resolution authorizing the 3 issuance of such bonds, prescribing all the details thereof, 4 and stating the time or times when the principal thereof and 5 the interest on the bonds become payable, and the place of 6 payment thereof. The bonds must, however, be payable within 7 not less than 3 nor more than 40 years from date thereof, and 8 be issued to bear interest at not to exceed the maximum rate 9 authorized by the Bond Authorization Act, as amended at the 10 time of the making of the contract. Such a resolution shall 11 provide for the levy and collection of a direct annual tax 12 upon all the taxable property within the corporate limits of 13 such township sufficient to meet the principal of and 14 interest on the bonds as they mature, which tax shall be in 15 addition to and in excess of any other tax authorized to be 16 levied by the township. 17 A certified copy of the resolution providing for the 18 issuance of any such bonds shall be filed with the county 19 clerk of the county in which the township is located and 20 constitutes the basis and authority of the county clerk for 21 the extension and collection of the tax necessary to pay the 22 principal of and interest upon the bonds issued under the 23 resolution. 24 With respect to instruments for the payment of money 25 issued under this Section either before, on, or after the 26 effective date of Public Act 86-004, it is and always has 27 been the intention of the General Assembly (i) that the 28 Omnibus Bond Acts are and always have been supplementary 29 grants of power to issue instruments in accordance with the 30 Omnibus Bond Acts, regardless of any provision of this 31 Article that may appear to be or to have been more 32 restrictive than those Acts, (ii) that the provisions of this 33 Section are not a limitation on the supplementary authority 34 granted by the Omnibus Bonds Acts, and (iii) that instruments SB975 Enrolled -7- LRB9205635MWcd 1 issued under this Section within the supplementary authority 2 granted by the Omnibus Bond Acts are not invalid because of 3 any provision of this Article that may appear to be or to 4 have been more restrictive than those Acts. 5 If a majority of the legal voters voting at referendum in 6 any township approved a proposition at the consolidated 7 election in 2001 in reliance upon and consistent with this 8 Section 115-105 as it existed prior to the effective date of 9 Public Act 91-847, then that referendum and all actions taken 10 in reliance thereon are hereby validated and are legally 11 binding in all respects. 12 (Source: P.A. 91-847, eff. 6-22-00.) 13 Section 15. The School Code is amended by changing 14 Sections 17-3 and 19-3 as follows: 15 (105 ILCS 5/17-3) (from Ch. 122, par. 17-3) 16 Sec. 17-3. Additional levies-Submission to voters. The 17 school board in any district having a population of less than 18 500,000 inhabitants may, by proper resolution, cause a 19 proposition to increase, for a limited period of not less 20 than 3 nor more than 10 years or for an unlimited period, the 21 annual tax rate for educational purposes to be submitted to 22 the voters of such district at a regular scheduled election 23 as follows: 24 (1) in districts maintaining grades 1 through 8, or 25 grades 9 through 12, the maximum rate for educational 26 purposes shall not exceed 3.5% of the value as equalized 27 or assessed by the Department of Revenue; 28 (2) in districts maintaining grades 1 through 12 29 the maximum rate for educational purposes shall not 30 exceed 4.00%, except that if a single elementary district 31 and a secondary district having boundaries that are 32 coterminous on the effective date of this amendatory Act SB975 Enrolled -8- LRB9205635MWcd 1 form a community unit district under Section 11-6, then 2 the maximum rate for education purposes for such district 3 shall not exceed 6.00% of the value as equalized or 4 assessed by the Department of Revenue. 5 If the resolution of the school board seeks to increase 6 the annual tax rate for educational purposes for a limited 7 period of not less than 3 nor more than 10 years, the 8 proposition shall so state and shall identify the years for 9 which the tax increase is sought. 10 If a majority of the votes cast on the proposition is in 11 favor thereof at an election for which the election 12 authorities have given notice either (i) in accordance with 13 Section 12-5 of the Election Code or (ii) by publication of a 14 true and legible copy of the specimen ballot label containing 15 the proposition in the form in which it appeared or will 16 appear on the official ballot label on the day of the 17 election at least 5 days before the day of the election in at 18 least one newspaper published in and having a general 19 circulation in the district, the school board may thereafter, 20 until such authority is revoked in like manner, levy annually 21 the tax so authorized; provided that if the proposition as 22 approved limits the increase in the annual tax rate of the 23 district for educational purposes to a period of not less 24 than 3 nor more than 10 years, the district may, unless such 25 authority is sooner revoked in like manner, levy annually the 26 tax so authorized for the limited number of years approved by 27 a majority of the votes cast on the proposition. Upon 28 expiration of that limited period, the rate at which the 29 district may annually levy its tax for educational purposes 30 shall be the rate provided under Section 17-2, or the rate at 31 which the district last levied its tax for educational 32 purposes prior to approval of the proposition authorizing the 33 levy of that tax at an increased rate, whichever is greater. 34 The school board shall certify the proposition to the SB975 Enrolled -9- LRB9205635MWcd 1 proper election authorities in accordance with the general 2 election law. 3 The provisions of this Section concerning notice of the 4 tax rate increase referendum apply only to consolidated 5 primary elections held prior to January 1, 2002 at which not 6 less than 55% of the voters voting on the tax rate increase 7 proposition voted in favor of the tax rate increase 8 proposition. 9 (Source: P.A. 88-376.) 10 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) 11 Sec. 19-3. Boards of education. Any school district 12 governed by a board of education and having a population of 13 not more than 500,000 inhabitants, and not governed by a 14 special Act may borrow money for the purpose of building, 15 equipping, altering or repairing school buildings or 16 purchasing or improving school sites, or acquiring and 17 equipping playgrounds, recreation grounds, athletic fields, 18 and other buildings or land used or useful for school 19 purposes or for the purpose of purchasing a site, with or 20 without a building or buildings thereon, or for the building 21 of a house or houses on such site, or for the building of a 22 house or houses on the school site of the school district, 23 for residential purposes of the superintendent, principal, or 24 teachers of the school district, and issue its negotiable 25 coupon bonds therefor signed by the president and secretary 26 of the board, in denominations of not less than $100 nor more 27 than $5,000, payable at such place and at such time or times, 28 not exceeding 20 years from date of issuance, as the board of 29 education may prescribe, and bearing interest at a rate not 30 to exceed the maximum rate authorized by the Bond 31 Authorization Act, as amended at the time of the making of 32 the contract, payable annually, semiannually or quarterly, 33 but no such bonds shall be issued unless the proposition to SB975 Enrolled -10- LRB9205635MWcd 1 issue them is submitted to the voters of the district at a 2 referendum held at a regularly scheduled election after the 3 board has certified the proposition to the proper election 4 authorities in accordance with the general election law, a 5 majority of all the votes cast on the proposition is in favor 6 of the proposition, and notice of such bond referendum(if7heretofore or hereafter held at any general or consolidated8election)has been given either (i) in accordance with the 9 second paragraph of Section 12-1 of the Election Code 10 irrespective of whether such notice included any reference to 11 the public question as it appeared on the ballot, or (ii) for 12 an election held on or after November 1, 1998, in accordance 13 with Section 12-5 of the Election Code, or (iii) by 14 publication of a true and legible copy of the specimen ballot 15 label containing the proposition in the form in which it 16 appeared or will appear on the official ballot label on the 17 day of the election at least 5 days before the day of the 18 election in at least one newspaper published in and having a 19 general circulation ineach county in whichthe districtis20located, irrespective of any other requirements of Article 12 21 or Section 24A-18 of the Election Code, nor shall any 22 residential site be acquired unless such proposition to 23 acquire a site is submitted to the voters of the district at 24 a referendum held at a regularly scheduled election after the 25 board has certified the proposition to the proper election 26 authorities in accordance with the general election law and a 27 majority of all the votes cast on the proposition is in favor 28 of the proposition. Nothing in this Act or in any other law 29 shall be construed to require the notice of the bond 30 referendum to be published over the name or title of the 31 election authority or the listing of maturity dates of any 32 bonds either in the notice of bond election or ballot used in 33 the bond election. The provisions of this Section concerning 34 notice of the bond referendum apply only to (i) consolidated SB975 Enrolled -11- LRB9205635MWcd 1 primary elections held prior to January 1, 2002 at which not 2 less than 60% of the voters voting on the bond proposition 3 voted in favor of the bond proposition, and (ii) other 4 elections held before July 1, 1999; otherwisethereafter, 5 notices required in connection with the submission of public 6 questions shall be as set forth in Section 12-5 of the 7 Election Code. Such proposition may be initiated by 8 resolution of the school board. 9 With respect to instruments for the payment of money 10 issued under this Section either before, on, or after the 11 effective date of this amendatory Act of 1989, it is and 12 always has been the intention of the General Assembly (i) 13 that the Omnibus Bond Acts are and always have been 14 supplementary grants of power to issue instruments in 15 accordance with the Omnibus Bond Acts, regardless of any 16 provision of this Act that may appear to be or to have been 17 more restrictive than those Acts, (ii) that the provisions of 18 this Section are not a limitation on the supplementary 19 authority granted by the Omnibus Bond Acts, and (iii) that 20 instruments issued under this Section within the 21 supplementary authority granted by the Omnibus Bond Acts are 22 not invalid because of any provision of this Act that may 23 appear to be or to have been more restrictive than those 24 Acts. 25 The proceeds of any bonds issued under authority of this 26 Section shall be deposited and accounted for separately 27 within the Site and Construction/Capital Improvements Fund. 28 (Source: P.A. 90-811, eff. 1-26-99; 90-812, eff. 1-26-99; 29 91-57, eff. 6-30-99.) 30 Section 99. Effective date. This Act takes effect upon SB975 Enrolled -12- LRB9205635MWcd 1 becoming law.