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92_SB0975ham005 LRB9205635REsbam 1 AMENDMENT TO SENATE BILL 975 2 AMENDMENT NO. . Amend Senate Bill 975, AS AMENDED, 3 by replacing everything after the enacting clause with the 4 following: 5 "Section 5. The Election Code is amended by changing 6 Section 12-5 as follows: 7 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5) 8 Sec. 12-5. Notice for public questions. For all 9 elections held after July 1, 1999, notice of public questions 10 shall be required only as set forth in this Section or as set 11 forth in Section 17-3 or 19-3 of the School Code. Not more 12 than 30 days nor less than 10 days before the date of a 13 regular election at which a public question is to be 14 submitted to the voters of a political or governmental 15 subdivision, and at least 20 days before an emergency 16 referendum, the election authority shall publish notice of 17 the referendum. The notice shall be published once in a 18 local, community newspaper having general circulation in the 19 political or governmental subdivision. The notice shall also 20 be given at least 10 days before the date of the election by 21 posting a copy of the notice at the principal office of the 22 election authority. The local election official shall also -2- LRB9205635REsbam 1 post a copy of the notice at the principal office of the 2 political or governmental subdivision, or if there is no 3 principal office at the building in which the governing body 4 of the political or governmental subdivision held its first 5 meeting of the calendar year in which the referendum is being 6 held. The election authority and the political or 7 governmental subdivision may, but are not required to, post 8 the notice electronically on their World Wide Web pages. The 9 notice, which shall appear over the name or title of the 10 election authority, shall be substantially in the following 11 form: 12 NOTICE IS HEREBY GIVEN that at the election to be 13 held on (insert day of the week), (insert date of 14 election), the following proposition will be submitted to 15 the voters of (name of political or governmental 16 subdivision): 17 (insert the public question as it will appear on the 18 ballot) 19 The polls at the election will be open at 6:00 20 o'clock A.M. and will continue to be open until 7:00 21 o'clock P.M. of that day. 22 Dated (date of notice) 23 (Name or title of the election authority) 24 The notice shall also include any additional information 25 required by the statute authorizing the public question. The 26 notice shall set forth the precincts and polling places at 27 which the referendum will be conducted only in the case of 28 emergency referenda. 29 (Source: P.A. 91-57, eff. 6-30-99.) 30 Section 10. The Township Code is amended by changing 31 Sections 115-20 and 115-105 as follows: 32 (60 ILCS 1/115-20) -3- LRB9205635REsbam 1 Sec. 115-20. Referendum on recommended plan; petition. 2 (a) If the board recommends adoption of the open space 3 plan, or if a petition is filed by not less than 5% or 50, 4 whichever is greater, of the registered voters of the 5 township (according to the voting registration records at the 6 time the petition is filed) recommending adoption of the open 7 space plan, then the Board, within 30 days of making of the 8 recommendation or the filing of the petition, shall file a 9 petition with the township clerk, requesting the clerk to 10 submit to the voters of the township the question of whether 11 the township shall adopt the open space plan and enter upon 12 an open space program, with the power to acquire open land by 13 purchase, condemnation (except townships in counties having a 14 population of more than 150,000 but not more than 250,000), 15 or otherwise in the township and with the power to issue 16 bonds for those purposes under this Article. The total amount 17 of bonds to be issued under this Section may not exceed 5% of 18 the valuation of all taxable property in the township and 19 shall be set forth in the question as a dollar amount. The 20 township clerk shall certify that proposition to the proper 21 election officials, who shall submit the proposition to the 22 township voters at the next regular election. The referendum 23 shall be conducted and notice given in accordance with the 24 general election law. 25 (b) The question submitted to the voters at the election 26 shall be in substantially the following form: 27 Shall (name of township) adopt the open space plan 28 considered at the public hearing on (date) and enter upon 29 an open space program, and shall the Township Board have 30 the power (i) to acquire open land by purchase (insert ", 31 condemnation," if the township is in a county having a 32 population of more than 250,000) or otherwise, (ii) to 33 issue bonds for open space purposes in an amount not 34 exceeding $(amount), and (iii) to levy a tax to pay the -4- LRB9205635REsbam 1 principal of and interest on those bonds, as provided in 2 Article 115 of the Township Code? 3 The votes shall be recorded as "Yes" or "No". 4 (c) If a majority of the voters voting at the election 5 on the question vote in favor of the question, the township 6 shall thereafter adopt the open space plan recommended by the 7 board or by the petition of the registered voters of the 8 township and shall enter upon an open space program under 9 this Article. If the proposition does not receive the 10 approval of a majority of the voters voting at the election 11 on the question, no proposition may be submitted to the 12 voters under this Section less than 23 months after the date 13 of the election. 14 (d) If a majority of the legal voters voting at 15 referendum in any township approved a proposition at the 16 consolidated election in 2001 in reliance upon and consistent 17 with this Section 115-20 as it existed prior to the effective 18 date of Public Act 91-847, then that referendum and all 19 actions taken in reliance thereon are hereby validated and 20 are legally binding in all respects. 21 (Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00.) 22 (60 ILCS 1/115-105) 23 Sec. 115-105. Borrowing money; bonds. The township 24 board may borrow money and issue bonds, after referendum, for 25 the purpose of acquiring, developing, rehabilitating and 26 renovating open lands for open space purposes, as defined in 27 Section 115-5, pursuant to an open space program adopted as 28 provided in this Article, in and for the township in any 29 amount not to exceed 5% on the valuation of taxable property 30 in the township, to be ascertained by the last assessment for 31 State and county taxes previous to the incurring of such 32 indebtedness or, until January 1, 1983, if greater, the sum 33 that is produced by multiplying the township's 1978 equalized -5- LRB9205635REsbam 1 assessed valuation by the debt limitation percentage on 2 January 1, 1979. 3 Whenever the board desires to issue bonds under this 4 Article, or whenever the board receives a petition from not 5 less than 5% or 50, whichever is greater, of the registered 6 voters of the township, according to the voting registration 7 records at the time the petition is filed, requesting the 8 board to issue bonds under this Article, the board, 9 concurrently with the filing of a petition with the township 10 clerk requesting him to submit to the voters of the township 11 at the next election the question of whether or not to adopt 12 an open space plan and enter upon an open space program, 13 shall certify that proposition to the proper election 14 officials who shall submit to the voters of the township at 15 the next election the question of whether or not the board 16 shall issue bonds to finance an open space program and 17 provide for the levy and collection of a direct annual tax 18 upon all taxable property within the township to meet the 19 principal and interest on the bonds as they mature, which tax 20 shall be in addition to and in excess of any other tax 21 authorized to be levied by the township. The amount of bonds 22 to be issued under this Section shall be set forth in the 23 question as a dollar amount. The election shall be conducted 24 and notice given in accordance with the general election law. 25 The question submitted to the voters at the election shall be 26 in substantially the following form: 27 Shall (name of township) issue bonds to finance the 28 acquisition, maintenance, development, rehabilitation and 29 renovation of open space lands for open space purposes as 30 provided by the Township Open Space Article of the 31 Township Code and levy and collect property taxes, in 32 excess of any other tax authorized to be levied by the 33 township, sufficient to meet the principal and interest 34 on the bonds as they mature, but not in an amount in -6- LRB9205635REsbam 1 excess of $(amount)? 2 The votes shall be recorded as "Yes" or "No". 3 If a majority of the voters voting on the question vote 4 in favor of the question, the board shall issue bonds as 5 provided in this Article provided such bonds are issued 6 within 6 months after the voters vote favorably on such 7 question. If such proposition does not receive the approval 8 of a majority of the voters voting at the election on the 9 question, no proposition may be submitted to such voters 10 pursuant to this Section less than 23 months after the date 11 of such election. 12 The board shall then adopt a resolution authorizing the 13 issuance of such bonds, prescribing all the details thereof, 14 and stating the time or times when the principal thereof and 15 the interest on the bonds become payable, and the place of 16 payment thereof. The bonds must, however, be payable within 17 not less than 3 nor more than 40 years from date thereof, and 18 be issued to bear interest at not to exceed the maximum rate 19 authorized by the Bond Authorization Act, as amended at the 20 time of the making of the contract. Such a resolution shall 21 provide for the levy and collection of a direct annual tax 22 upon all the taxable property within the corporate limits of 23 such township sufficient to meet the principal of and 24 interest on the bonds as they mature, which tax shall be in 25 addition to and in excess of any other tax authorized to be 26 levied by the township. 27 A certified copy of the resolution providing for the 28 issuance of any such bonds shall be filed with the county 29 clerk of the county in which the township is located and 30 constitutes the basis and authority of the county clerk for 31 the extension and collection of the tax necessary to pay the 32 principal of and interest upon the bonds issued under the 33 resolution. 34 With respect to instruments for the payment of money -7- LRB9205635REsbam 1 issued under this Section either before, on, or after the 2 effective date of Public Act 86-004, it is and always has 3 been the intention of the General Assembly (i) that the 4 Omnibus Bond Acts are and always have been supplementary 5 grants of power to issue instruments in accordance with the 6 Omnibus Bond Acts, regardless of any provision of this 7 Article that may appear to be or to have been more 8 restrictive than those Acts, (ii) that the provisions of this 9 Section are not a limitation on the supplementary authority 10 granted by the Omnibus Bonds Acts, and (iii) that instruments 11 issued under this Section within the supplementary authority 12 granted by the Omnibus Bond Acts are not invalid because of 13 any provision of this Article that may appear to be or to 14 have been more restrictive than those Acts. 15 If a majority of the legal voters voting at referendum in 16 any township approved a proposition at the consolidated 17 election in 2001 in reliance upon and consistent with this 18 Section 115-105 as it existed prior to the effective date of 19 Public Act 91-847, then that referendum and all actions taken 20 in reliance thereon are hereby validated and are legally 21 binding in all respects. 22 (Source: P.A. 91-847, eff. 6-22-00.) 23 Section 15. The School Code is amended by changing 24 Sections 17-3 and 19-3 as follows: 25 (105 ILCS 5/17-3) (from Ch. 122, par. 17-3) 26 Sec. 17-3. Additional levies-Submission to voters. The 27 school board in any district having a population of less than 28 500,000 inhabitants may, by proper resolution, cause a 29 proposition to increase, for a limited period of not less 30 than 3 nor more than 10 years or for an unlimited period, the 31 annual tax rate for educational purposes to be submitted to 32 the voters of such district at a regular scheduled election -8- LRB9205635REsbam 1 as follows: 2 (1) in districts maintaining grades 1 through 8, or 3 grades 9 through 12, the maximum rate for educational 4 purposes shall not exceed 3.5% of the value as equalized 5 or assessed by the Department of Revenue; 6 (2) in districts maintaining grades 1 through 12 7 the maximum rate for educational purposes shall not 8 exceed 4.00%, except that if a single elementary district 9 and a secondary district having boundaries that are 10 coterminous on the effective date of this amendatory Act 11 form a community unit district under Section 11-6, then 12 the maximum rate for education purposes for such district 13 shall not exceed 6.00% of the value as equalized or 14 assessed by the Department of Revenue. 15 If the resolution of the school board seeks to increase 16 the annual tax rate for educational purposes for a limited 17 period of not less than 3 nor more than 10 years, the 18 proposition shall so state and shall identify the years for 19 which the tax increase is sought. 20 If a majority of the votes cast on the proposition is in 21 favor thereof at an election for which the election 22 authorities have given notice either (i) in accordance with 23 Section 12-5 of the Election Code or (ii) by publication of a 24 true and legible copy of the specimen ballot label containing 25 the proposition in the form in which it appeared or will 26 appear on the official ballot label on the day of the 27 election at least 5 days before the day of the election in at 28 least one newspaper published in and having a general 29 circulation in the district, the school board may thereafter, 30 until such authority is revoked in like manner, levy annually 31 the tax so authorized; provided that if the proposition as 32 approved limits the increase in the annual tax rate of the 33 district for educational purposes to a period of not less 34 than 3 nor more than 10 years, the district may, unless such -9- LRB9205635REsbam 1 authority is sooner revoked in like manner, levy annually the 2 tax so authorized for the limited number of years approved by 3 a majority of the votes cast on the proposition. Upon 4 expiration of that limited period, the rate at which the 5 district may annually levy its tax for educational purposes 6 shall be the rate provided under Section 17-2, or the rate at 7 which the district last levied its tax for educational 8 purposes prior to approval of the proposition authorizing the 9 levy of that tax at an increased rate, whichever is greater. 10 The school board shall certify the proposition to the 11 proper election authorities in accordance with the general 12 election law. 13 The provisions of this Section concerning notice of the 14 tax rate increase referendum apply only to consolidated 15 primary elections held prior to January 1, 2002 at which not 16 less than 55% of the voters voting on the tax rate increase 17 proposition voted in favor of the tax rate increase 18 proposition. 19 (Source: P.A. 88-376.) 20 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) 21 Sec. 19-3. Boards of education. Any school district 22 governed by a board of education and having a population of 23 not more than 500,000 inhabitants, and not governed by a 24 special Act may borrow money for the purpose of building, 25 equipping, altering or repairing school buildings or 26 purchasing or improving school sites, or acquiring and 27 equipping playgrounds, recreation grounds, athletic fields, 28 and other buildings or land used or useful for school 29 purposes or for the purpose of purchasing a site, with or 30 without a building or buildings thereon, or for the building 31 of a house or houses on such site, or for the building of a 32 house or houses on the school site of the school district, 33 for residential purposes of the superintendent, principal, or -10- LRB9205635REsbam 1 teachers of the school district, and issue its negotiable 2 coupon bonds therefor signed by the president and secretary 3 of the board, in denominations of not less than $100 nor more 4 than $5,000, payable at such place and at such time or times, 5 not exceeding 20 years from date of issuance, as the board of 6 education may prescribe, and bearing interest at a rate not 7 to exceed the maximum rate authorized by the Bond 8 Authorization Act, as amended at the time of the making of 9 the contract, payable annually, semiannually or quarterly, 10 but no such bonds shall be issued unless the proposition to 11 issue them is submitted to the voters of the district at a 12 referendum held at a regularly scheduled election after the 13 board has certified the proposition to the proper election 14 authorities in accordance with the general election law, a 15 majority of all the votes cast on the proposition is in favor 16 of the proposition, and notice of such bond referendum(if17heretofore or hereafter held at any general or consolidated18election)has been given either (i) in accordance with the 19 second paragraph of Section 12-1 of the Election Code 20 irrespective of whether such notice included any reference to 21 the public question as it appeared on the ballot, or (ii) for 22 an election held on or after November 1, 1998, in accordance 23 with Section 12-5 of the Election Code, or (iii) by 24 publication of a true and legible copy of the specimen ballot 25 label containing the proposition in the form in which it 26 appeared or will appear on the official ballot label on the 27 day of the election at least 5 days before the day of the 28 election in at least one newspaper published in and having a 29 general circulation ineach county in whichthe districtis30located, irrespective of any other requirements of Article 12 31 or Section 24A-18 of the Election Code, nor shall any 32 residential site be acquired unless such proposition to 33 acquire a site is submitted to the voters of the district at 34 a referendum held at a regularly scheduled election after the -11- LRB9205635REsbam 1 board has certified the proposition to the proper election 2 authorities in accordance with the general election law and a 3 majority of all the votes cast on the proposition is in favor 4 of the proposition. Nothing in this Act or in any other law 5 shall be construed to require the notice of the bond 6 referendum to be published over the name or title of the 7 election authority or the listing of maturity dates of any 8 bonds either in the notice of bond election or ballot used in 9 the bond election. The provisions of this Section concerning 10 notice of the bond referendum apply only to (i) consolidated 11 primary elections held prior to January 1, 2002 at which not 12 less than 60% of the voters voting on the bond proposition 13 voted in favor of the bond proposition, and (ii) other 14 elections held before July 1, 1999; otherwisethereafter, 15 notices required in connection with the submission of public 16 questions shall be as set forth in Section 12-5 of the 17 Election Code. Such proposition may be initiated by 18 resolution of the school board. 19 With respect to instruments for the payment of money 20 issued under this Section either before, on, or after the 21 effective date of this amendatory Act of 1989, it is and 22 always has been the intention of the General Assembly (i) 23 that the Omnibus Bond Acts are and always have been 24 supplementary grants of power to issue instruments in 25 accordance with the Omnibus Bond Acts, regardless of any 26 provision of this Act that may appear to be or to have been 27 more restrictive than those Acts, (ii) that the provisions of 28 this Section are not a limitation on the supplementary 29 authority granted by the Omnibus Bond Acts, and (iii) that 30 instruments issued under this Section within the 31 supplementary authority granted by the Omnibus Bond Acts are 32 not invalid because of any provision of this Act that may 33 appear to be or to have been more restrictive than those 34 Acts. -12- LRB9205635REsbam 1 The proceeds of any bonds issued under authority of this 2 Section shall be deposited and accounted for separately 3 within the Site and Construction/Capital Improvements Fund. 4 (Source: P.A. 90-811, eff. 1-26-99; 90-812, eff. 1-26-99; 5 91-57, eff. 6-30-99.) 6 Section 99. Effective date. This Act takes effect upon 7 becoming law.".