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91_SB0933
LRB9105846PTpk
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Statute on Statutes is amended by
5 changing Section 8 as follows:
6 (5 ILCS 70/8) (from Ch. 1, par. 1107)
7 Sec. 8. Omnibus Bond Acts.
8 (a) A citation to the Omnibus Bond Acts is a citation to
9 all of the following Acts, collectively, as amended from time
10 to time: the Bond Authorization Act, the Registered Bond
11 Act, the Municipal Bond Reform Act, the Local Government Debt
12 Reform Act, subsection (a) of Section 1-7 of the Property Tax
13 Extension Limitation Act, subsection (a) of Section 18-190 of
14 the Property Tax Code, the Uniform Facsimile Signature of
15 Public Officials Act, the Local Government Bond Validity Act,
16 the Illinois Development Finance Authority Act, the Public
17 Funds Investment Act, the Local Government Credit Enhancement
18 Act, the Local Government Defeasance of Debt Law, the
19 Intergovernmental Cooperation Act, the Local Government
20 Financial Planning and Supervision Act, the Special
21 Assessment Supplemental Bond and Procedure Act, Section 12-5
22 of the Election Code, and any similar Act granting additional
23 omnibus bond powers to governmental entities generally,
24 whether enacted before, on, or after the effective date of
25 this amendatory Act of 1989.
26 (b) The General Assembly recognizes that the
27 proliferation of governmental entities has resulted in the
28 enactment of hundreds of statutory provisions relating to the
29 borrowing and other powers of governmental entities. The
30 General Assembly addresses and has addressed problems common
31 to all such governmental entities so that they have equal
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1 access to the municipal bond market. It has been, and will
2 continue to be, the intention of the General Assembly to
3 enact legislation applicable to governmental entities in an
4 omnibus fashion, as has been done in the provisions of the
5 Omnibus Bond Acts.
6 (c) It is and always has been the intention of the
7 General Assembly that the Omnibus Bond Acts are and always
8 have been supplementary grants of power, cumulative in nature
9 and in addition to any power or authority granted in any
10 other laws of the State. The Omnibus Bond Acts are
11 supplementary grants of power when applied in connection with
12 any similar grant of power or limitation contained in any
13 other law of the State, whether or not the other law is
14 enacted or amended after an Omnibus Bond Act or appears to be
15 more restrictive than an Omnibus Bond Act, unless the General
16 Assembly expressly declares in such other law that a
17 specifically named Omnibus Bond Act does not apply.
18 (d) All instruments providing for the payment of money
19 executed by or on behalf of any governmental entity organized
20 by or under the laws of this State, including without
21 limitation the State, to carry out a public governmental or
22 proprietary function, acting through its corporate
23 authorities, or which any governmental entity has assumed or
24 agreed to pay, which were:
25 (1) issued or authorized to be issued by
26 proceedings adopted by such corporate authorities before
27 the effective date of this amendatory Act of 1989;
28 (2) issued or authorized to be issued in accordance
29 with the procedures set forth in or pursuant to any
30 authorization contained in any of the Omnibus Bond Acts;
31 and
32 (3) issued or authorized to be issued for any
33 purpose authorized by the laws of this State, are valid
34 and legally binding obligations of the governmental
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1 entity issuing such instruments, payable in accordance
2 with their terms.
3 (Source: P.A. 90-480, eff. 8-17-97.)
4 Section 10. The Election Code is amended by changing
5 Section 12-5 as follows:
6 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
7 Sec. 12-5. Notice for public questions. For all
8 elections held after July 1, 1999, notice of public questions
9 shall be given by the election authority as set forth in this
10 Section. Not more than 30 days nor less than 10 days before
11 the date of a regular election at which a public question is
12 to be submitted to the voters of a political or governmental
13 subdivision, and at least 20 days before an emergency
14 referendum, the election authority shall publish notice of
15 the referendum. The notice shall be published once in a
16 local, community newspaper having general circulation in the
17 political or governmental subdivision. The notice shall also
18 be given at least 10 days before the date of the election by
19 posting a copy of the notice at both (i) the principal office
20 of the election authority and (ii) the principal office of
21 the political or governmental subdivision, or if there is no
22 principal office at the building in which the governing body
23 of the political or governmental subdivision held its first
24 meeting of the calendar year in which the referendum is being
25 held. The election authority and the political or
26 governmental subdivision may, but are not required to, post
27 the notice electronically on their World Wide Web pages. The
28 notice, which shall appear over the name or title of the
29 election authority, shall be substantially in the following
30 form:
31 NOTICE IS HEREBY GIVEN that at the election to be
32 held on (insert day of the week), (insert date of
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1 election), the following proposition will be submitted to
2 the voters of (name of political or governmental
3 subdivision):
4 (insert the public question as it will appear on the
5 ballot)
6 The polls at the election will be open at 6:00
7 o'clock A.M. and will continue to be open until 7:00
8 o'clock P.M. of that day.
9 Dated (date of notice)
10 (Name or title of the election authority)
11 The notice shall also include any additional information
12 required by the statute authorizing the public question. The
13 notice shall set forth the precincts and polling places at
14 which the referendum will be conducted only in the case of
15 emergency referenda.
16 Any notice of public questions other than as specifically
17 set forth in this Section, whether authorized or required by
18 any other law, shall be for informational purposes only and
19 shall not be mandatory for any purpose whatsoever.
20 Not more than 30 nor less than 10 days prior to the date
21 of a regular election at which a public question is to be
22 submitted to the voters of a political subdivision, and at
23 least 20 days prior to an emergency referendum, the election
24 authority shall publish notice of the referendum. The
25 publication requirements shall be as provided in Section 12-4
26 for notice of election of officers of the political
27 subdivision. However, notice of a referendum shall include
28 the public question as it will appear on the ballot and any
29 additional information required by the statute authorizing
30 the public question. Such notice shall enumerate the
31 precincts and polling places at which the referendum will be
32 conducted only in the case of emergency referenda.
33 (Source: P.A. 81-963.)
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1 Section 99. Effective date. This Act takes effect upon
2 becoming law.