State of Illinois
92nd General Assembly
Legislation

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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  (if
17    heretofore  or  hereafter held at any general or consolidated
18    election) 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  in each county in which the district is
30    located, 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;  otherwise  thereafter,
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.".

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