State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ House Amendment 002 ]
[ House Amendment 003 ][ Senate Amendment 001 ]

91_SB0933eng

 
SB933 Engrossed                                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
 
SB933 Engrossed             -2-                LRB9105846PTpk
 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
 
SB933 Engrossed             -3-                LRB9105846PTpk
 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  required  only  as set forth in this Section.  Not
10    more than 30 days nor less than 10 days before the date of  a
11    regular  election  at  which  a  public  question  is  to  be
12    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 the principal office  of  the
20    election  authority.   The local election official shall also
21    post a copy of the notice at  the  principal  office  of  the
22    political  or  governmental  subdivision,  or  if there is no
23    principal office at the building in which the governing  body
24    of  the  political or governmental subdivision held its first
25    meeting of the calendar year in which the referendum is being
26    held.   The  election  authority   and   the   political   or
27    governmental  subdivision  may, but are not required to, post
28    the notice electronically on their World Wide Web pages.  The
29    notice, which shall appear over the  name  or  title  of  the
30    election  authority,  shall be substantially in the following
31    form:
32             NOTICE IS HEREBY GIVEN that at the  election  to  be
 
SB933 Engrossed             -4-                LRB9105846PTpk
 1        held  on  (insert  day  of  the  week),  (insert  date of
 2        election), the following proposition will be submitted to
 3        the  voters  of  (name  of  political   or   governmental
 4        subdivision):
 5        (insert  the  public  question  as  it will appear on the
 6        ballot)
 7             The polls at the  election  will  be  open  at  6:00
 8        o'clock  A.M.  and  will  continue  to be open until 7:00
 9        o'clock P.M. of that day.
10             Dated (date of notice)
11                        (Name or title of the election authority)
12    The notice shall  also  include  any  additional  information
13    required by the statute authorizing the public question.  The
14    notice  shall  set  forth the precincts and polling places at
15    which the referendum will be conducted only in  the  case  of
16    emergency referenda.
17        Not  more than 30 nor less than 10 days prior to the date
18    of a regular election at which a public  question  is  to  be
19    submitted  to  the  voters of a political subdivision, and at
20    least 20 days prior to an emergency referendum, the  election
21    authority  shall  publish  notice  of  the  referendum.   The
22    publication requirements shall be as provided in Section 12-4
23    for   notice   of  election  of  officers  of  the  political
24    subdivision.  However, notice of a referendum  shall  include
25    the  public  question as it will appear on the ballot and any
26    additional information required by  the  statute  authorizing
27    the   public  question.   Such  notice  shall  enumerate  the
28    precincts and polling places at which the referendum will  be
29    conducted only in the case of emergency referenda.
30    (Source: P.A. 81-963.)

31        Section  15.   The  Local  Government  Debt Reform Act is
32    amended by changing Section 15 as follows:
 
SB933 Engrossed             -5-                LRB9105846PTpk
 1        (30 ILCS 350/15) (from Ch. 17, par. 6915)
 2        Sec. 15.  Double-barrelled bonds.  Whenever revenue bonds
 3    have been authorized to be issued pursuant to applicable  law
 4    or  whenever  there  exists for a governmental unit a revenue
 5    source, the procedures set forth in this Section may be  used
 6    by  a governing body.  General obligation bonds may be issued
 7    in lieu of such revenue  bonds  as  authorized,  and  general
 8    obligation  bonds  may  be  issued  payable  from any revenue
 9    source.  Such general obligation bonds may be referred to  as
10    "alternate bonds".  Alternate bonds may be issued without any
11    referendum  or backdoor referendum except as provided in this
12    Section, upon the terms provided in Section 10  of  this  Act
13    without  reference  to other provisions of law, but only upon
14    the conditions provided in  this  Section.   Alternate  bonds
15    shall  not  be  regarded as or included in any computation of
16    indebtedness for the purpose of any  statutory  provision  or
17    limitation except as expressly provided in this Section.
18        Such conditions are:
19        (a)  Alternate   bonds  shall  be  issued  for  a  lawful
20    corporate purpose.  If  issued  in  lieu  of  revenue  bonds,
21    alternate  bonds  shall  be issued for the purposes for which
22    such revenue bonds shall have  been  authorized.   If  issued
23    payable  from  a  revenue  source  in  the manner hereinafter
24    provided, which revenue source is limited in its purposes  or
25    applications,  then  the alternate bonds shall be issued only
26    for such limited purposes or applications.   Alternate  bonds
27    may  be  issued  payable  from  either enterprise revenues or
28    revenue sources, or both.
29        (b)  Alternate  bonds  shall  be  subject   to   backdoor
30    referendum.   The  provisions  of Section 5 of this Act shall
31    apply  to  such  backdoor  referendum,  together   with   the
32    provisions   hereof.   The  authorizing  ordinance  shall  be
33    published in  a  newspaper  of  general  circulation  in  the
34    governmental  unit.  Along with or as part of the authorizing
 
SB933 Engrossed             -6-                LRB9105846PTpk
 1    ordinance, there shall be  published  a  notice  of  (1)  the
 2    specific  number  of  voters  required  to  sign  a  petition
 3    requesting  that  the  issuance  of  the  alternate  bonds be
 4    submitted to referendum, (2) the time when such petition must
 5    be filed, (3) the date of  the  prospective  referendum,  and
 6    (4),  with  respect  to  authorizing ordinances adopted on or
 7    after January  1,  1991,  a  statement  that  identifies  any
 8    revenue  source that will be used to pay the principal of and
 9    interest on the alternate bonds.  The clerk or  secretary  of
10    the governmental unit shall make a petition form available to
11    anyone  requesting  one.   If  no  petition is filed with the
12    clerk or secretary within  30  days  of  publication  of  the
13    authorizing  ordinance  and notice, the alternate bonds shall
14    be authorized to be issued.   But  if  within  this  30  days
15    period,  a  petition  is  filed  with such clerk or secretary
16    signed by electors numbering the greater of (i) 7.5%  of  the
17    registered  voters  in  the  governmental unit or (ii) 200 of
18    those registered voters or 15% of  those  registered  voters,
19    whichever is less, asking that the issuance of such alternate
20    bonds  be  submitted  to  referendum,  the clerk or secretary
21    shall certify such question for  submission  at  an  election
22    held  in  accordance  with  the  general  election  law.  The
23    question  on  the  ballot  shall  include  a statement of any
24    revenue source that will be used to pay the principal of  and
25    interest on the alternate bonds. The alternate bonds shall be
26    authorized  to  be  issued if a majority of the votes cast on
27    the question at such election are in favor  thereof  provided
28    that   notice  of  the  bond  referendum,  if  heretofore  or
29    hereafter held before July 1, 1999,  has  been  or  shall  be
30    given  in  accordance  with the provisions of Section 12-5 of
31    the  Election  Code  in  effect  at  the  time  of  the  bond
32    referendum, at least 10 and not more than 45 days before  the
33    date   of   the   election,   notwithstanding  the  time  for
34    publication  otherwise  imposed  by  Section  12-5.   Notices
 
SB933 Engrossed             -7-                LRB9105846PTpk
 1    required   in   connection  with  the  submission  of  public
 2    questions on or after July 1, 1999 shall be as set  forth  in
 3    Section  12-5  of  the  Election  Code.  Backdoor  referendum
 4    proceedings  for  bonds  and  alternate bonds to be issued in
 5    lieu of such bonds may be conducted at the same time.
 6        (c)  To the extent payable from enterprise revenues, such
 7    revenues shall have been determined by the governing body  to
 8    be  sufficient  to  provide  for or pay in each year to final
 9    maturity of such alternate bonds all of the  following:   (1)
10    costs   of  operation  and  maintenance  of  the  utility  or
11    enterprise, but not including depreciation, (2) debt  service
12    on all outstanding revenue bonds payable from such enterprise
13    revenues,  (3)  all  amounts  required  to  meet  any fund or
14    account requirements with respect to such outstanding revenue
15    bonds, (4) other contractual or tort  liability  obligations,
16    if  any,  payable  from  such enterprise revenues, and (5) in
17    each year, an amount not less than 1.25 times debt service of
18    all (i) alternate bonds payable from such enterprise revenues
19    previously issued and outstanding and  (ii)  alternate  bonds
20    proposed  to  be  issued.   To the extent payable from one or
21    more revenue sources, such sources shall have been determined
22    by the governing body to provide in each year, an amount  not
23    less  than  1.25  times  debt  service of all alternate bonds
24    payable from  such  revenue  sources  previously  issued  and
25    outstanding  and  alternate bonds proposed to be issued.  The
26    conditions enumerated in this subsection (c) need not be  met
27    for  that  amount of debt service provided for by the setting
28    aside of proceeds of bonds or other moneys at the time of the
29    delivery of such bonds.
30        (d)  The determination of the sufficiency  of  enterprise
31    revenues  or  a  revenue  source,  as  applicable,  shall  be
32    supported  by  reference  to  the  most  recent  audit of the
33    governmental unit, which shall be for a  fiscal  year  ending
34    not  earlier  than 18 months previous to the time of issuance
 
SB933 Engrossed             -8-                LRB9105846PTpk
 1    of the alternate bonds.  If such audit  does  not  adequately
 2    show   such   enterprise   revenues  or  revenue  source,  as
 3    applicable, or if such enterprise revenues or revenue source,
 4    as  applicable,  are  shown  to  be  insufficient,  then  the
 5    determination of sufficiency shall be supported by the report
 6    of an independent accountant or feasibility analyst having  a
 7    national   reputation   for   expertise   in   such  matters,
 8    demonstrating  the   sufficiency   of   such   revenues   and
 9    explaining,  if  appropriate, by what means the revenues will
10    be greater  than  as  shown  in  the  audit.   Whenever  such
11    sufficiency  is  demonstrated  by  reference to a schedule of
12    higher rates or charges for enterprise revenues or  a  higher
13    tax  imposition  for  a  revenue  source,  such higher rates,
14    charges or taxes shall  have  been  properly  imposed  by  an
15    ordinance  adopted prior to the time of delivery of alternate
16    bonds.  The reference  to  and  acceptance  of  an  audit  or
17    report,  as  the  case  may  be, and the determination of the
18    governing body as to sufficiency of enterprise revenues or  a
19    revenue   source   shall  be  conclusive  evidence  that  the
20    conditions of  this  Section  have  been  met  and  that  the
21    alternate bonds are valid.
22        (e)  The   enterprise  revenues  or  revenue  source,  as
23    applicable, shall be in fact pledged to the  payment  of  the
24    alternate  bonds;  and  the governing body shall covenant, to
25    the extent it is empowered to do so, to provide for,  collect
26    and  apply  such  enterprise  revenues  or revenue source, as
27    applicable, to the payment of the  alternate  bonds  and  the
28    provision  of  not  less  than  an  additional .25 times debt
29    service.  The pledge and establishment of  rates  or  charges
30    for  enterprise  revenues,  or  the  imposition of taxes in a
31    given rate  or  amount,  as  provided  in  this  Section  for
32    alternate  bonds, shall constitute a continuing obligation of
33    the governmental unit with respect to such  establishment  or
34    imposition  and  a  continuing  appropriation  of the amounts
 
SB933 Engrossed             -9-                LRB9105846PTpk
 1    received.  All covenants relating to alternate bonds and  the
 2    conditions  and  obligations  imposed  by  this  Section  are
 3    enforceable  by  any  bondholder of alternate bonds affected,
 4    any taxpayer of the governmental unit, and the People of  the
 5    State  of Illinois acting through the Attorney General or any
 6    designee, and in the event that any such action results in an
 7    order finding that the governmental unit has not properly set
 8    rates or charges  or  imposed  taxes  to  the  extent  it  is
 9    empowered  to  do  so  or  collected  and  applied enterprise
10    revenues or any revenue source, as applicable, as required by
11    this Act, the plaintiff in any such action shall  be  awarded
12    reasonable   attorney's   fees.   The  intent  is  that  such
13    enterprise revenues or revenue source, as  applicable,  shall
14    be  sufficient  and  shall  be applied to the payment of debt
15    service on such alternate bonds so that  taxes  need  not  be
16    levied,  or if levied need not be extended, for such payment.
17    Nothing  in  this  Section  shall  inhibit  or  restrict  the
18    authority of a governing body to determine the lien  priority
19    of  any bonds, including alternate bonds, which may be issued
20    with respect to any enterprise revenues or revenue source.
21        In the event that alternate bonds shall have been  issued
22    and taxes, other than a designated revenue source, shall have
23    been  extended pursuant to the general obligation, full faith
24    and credit promise supporting such alternate bonds, then  the
25    amount  of  such  alternate  bonds  then outstanding shall be
26    included  in  the  computation   of   indebtedness   of   the
27    governmental unit for purposes of all statutory provisions or
28    limitations  until  such time as an audit of the governmental
29    unit shall show that the alternate bonds have been paid  from
30    the  enterprise  revenues  or  revenue source, as applicable,
31    pledged thereto for a complete fiscal year.
32        Alternate bonds may be issued to refund or advance refund
33    alternate bonds without meeting any  of  the  conditions  set
34    forth  in this Section, except that the term of the refunding
 
SB933 Engrossed             -10-               LRB9105846PTpk
 1    bonds shall not be longer than the term of the refunded bonds
 2    and that  the  debt  service  payable  in  any  year  on  the
 3    refunding  bonds shall not exceed the debt service payable in
 4    such year on the refunded bonds.
 5        Once issued, alternate bonds shall be and forever  remain
 6    until   paid  or  defeased  the  general  obligation  of  the
 7    governmental unit, for the payment of which  its  full  faith
 8    and credit are pledged, and shall be payable from the levy of
 9    taxes  as  is  provided  in  this  Act for general obligation
10    bonds.
11        The changes made by this amendatory Act of  1990  do  not
12    affect  the  validity of bonds authorized before September 1,
13    1990.
14    (Source: P.A. 90-812, eff. 1-26-99.)

15        Section 20.  The Property Tax Code is amended by changing
16    Sections 18-205 and 18-210 as follows:

17        (35 ILCS 200/18-205)
18        Sec.  18-205.   Referendum  to  increase  the   extension
19    limitation.   A  taxing  district  is limited to an extension
20    increase of 5% or the percentage  increase  in  the  Consumer
21    Price  Index  during the 12-month calendar year preceding the
22    levy year, whichever is less. A taxing district may  increase
23    its  extension  limitation  for  a  current levy year if that
24    taxing district holds a referendum before the  levy  date  at
25    which  a  majority  of  voters  voting  on the issue approves
26    adoption of a higher extension limitation.   Referenda  shall
27    be  conducted at a regularly scheduled election in accordance
28    with  the  Election  Code  provided  that   notice   of   the
29    referendum,  if  heretofore  or hereafter held before July 1,
30    1999, has been or shall  be  given  in  accordance  with  the
31    provisions  of Section 12-5 of the Election Code in effect at
32    the time of the bond referendum, at least  10  and  not  more
 
SB933 Engrossed             -11-               LRB9105846PTpk
 1    than 45 days before the date of the election, notwithstanding
 2    the  time  for publication otherwise imposed by Section 12-5.
 3    Notices required in connection with the submission of  public
 4    questions  on  or after July 1, 1999 shall be as set forth in
 5    Section 12-5 of the Election  Code.  The  question  shall  be
 6    presented in substantially the following manner:
 7    -------------------------------------------------------------
 8        Shall the extension limitation
 9    under the Property Tax Extension
10    Limitation Law for ...                       YES
11    (taxing district name) ... be increased
12    from ... (the lesser of 5% or the          ------------------
13    increase in the Consumer Price Index over
14    the prior levy year) ...% to ... (percentage      NO
15    of proposed increase) ...% for the ...
16    (levy year) ... levy year?
17    -------------------------------------------------------------
18    If  a  majority  of  voters  voting on the issue approves the
19    adoption of the increase, the increase  shall  be  applicable
20    for the levy year specified.
21    (Source: P.A. 90-812, eff. 1-26-99.)

22        (35 ILCS 200/18-210)
23        Sec. 18-210.  Establishing a new levy. Except as provided
24    in  Section 18-215, as it relates to a transfer of a service,
25    before a county clerk may extend taxes for funds  subject  to
26    the  limitations  of  this  Law,  a  new taxing district or a
27    taxing district with an  aggregate  extension  base  of  zero
28    shall  hold  a  referendum  establishing  a maximum aggregate
29    extension for the levy year. The maximum aggregate  extension
30    is established for the current levy year if a taxing district
31    has  held  a  referendum  before  the  levy date at which the
32    majority voting on  the  issue  approves  its  adoption.  The
33    referendum under this Section may be held at the same time as
 
SB933 Engrossed             -12-               LRB9105846PTpk
 1    the  referendum  on  creating  a  new  taxing  district.  The
 2    question  shall  be  submitted  to  the voters at a regularly
 3    scheduled election  in  accordance  with  the  Election  Code
 4    provided   that   notice  of  referendum,  if  heretofore  or
 5    hereafter held before July 1, 1999,  has  been  or  shall  be
 6    given  in  accordance  with the provisions of Section 12-5 of
 7    the  Election  Code  in  effect  at  the  time  of  the  bond
 8    referendum, at least 10 and not more than 45 days before  the
 9    date   of   the   election,   notwithstanding  the  time  for
10    publication  otherwise  imposed  by  Section  12-5.   Notices
11    required   in   connection  with  the  submission  of  public
12    questions on or after July 1, 1999 shall be as set  forth  in
13    Section  12-5  of  the  Election  Code. The question shall be
14    submitted in substantially the following form:
15    -------------------------------------------------------------
16        Under the Property Tax Extension
17    Limitation Law, may an                      YES
18    aggregate extension not to exceed ...
19    (aggregate extension amount) ...        ---------------------
20    be made for the ... (taxing
21    district name) ... for the                  NO
22    ... (levy year) ... levy year?
23    -------------------------------------------------------------
24    If a majority of voters voting on the increase  approves  the
25    adoption  of  the aggregate extension, the extension shall be
26    effective for the levy year specified.
27    (Source: P.A. 90-812, eff. 1-26-99.)

28        Section 25.  The Illinois  Pension  Code  is  amended  by
29    changing Section 3-145 as follows:

30        (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
31        Sec.  3-145.   Referendum  in  municipalities  less  than
32    5,000.   This   Article   shall   not  be  effective  in  any
 
SB933 Engrossed             -13-               LRB9105846PTpk
 1    municipality having a population of less  than  5,000  unless
 2    the  proposition  to  adopt  the  Article is submitted to and
 3    approved by the voters of  the  municipality  in  the  manner
 4    herein provided.
 5        Whenever  the  electors  of  the  municipality,  equal in
 6    number to 5% of the number of legal votes cast  at  the  last
 7    preceding  general  municipal  election,  petition  the city,
 8    village or town clerk to submit the proposition whether  that
 9    municipality  shall  adopt  this Article, the officer to whom
10    the petition is addressed shall certify  the  proposition  to
11    the   proper   election   officials   who  shall  submit  the
12    proposition in accordance with the general election law at  a
13    regular  election in the municipality provided that notice of
14    the referendum, if heretofore or hereafter held  before  July
15    1,  1999,  has  been or shall be given in accordance with the
16    provisions of Section 12-5 of the Election Code in effect  at
17    the  time  of  the  bond referendum, at least 10 and not more
18    than 45 days before the date of the election, notwithstanding
19    the time for publication otherwise imposed by  Section  12-5.
20    Notices  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. If the proposition is not
23    adopted at that election, it may be submitted in like  manner
24    at  any regular election thereafter. The proposition shall be
25    substantially in the following form:
26    -------------------------------------------------------------
27        Shall the city (or village or
28    incorporated town) of.... adopt           YES
29    Article 3 of the "Illinois Pension    -----------------------
30    Code", pertaining to the creation         NO
31    of a police pension fund?
32    -------------------------------------------------------------
33    If a majority of the votes cast on the proposition is for the
34    proposition, this Article is adopted in that municipality.
 
SB933 Engrossed             -14-               LRB9105846PTpk
 1    (Source: P.A. 90-812, eff. 1-26-99.)

 2        Section 30.  The Illinois Municipal Code  is  amended  by
 3    changing Section 8-4-1 as follows:

 4        (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
 5        Sec.  8-4-1.   No  bonds shall be issued by the corporate
 6    authorities  of  any  municipality  until  the  question   of
 7    authorizing  such bonds has been submitted to the electors of
 8    that  municipality  provided  that   notice   of   the   bond
 9    referendum,  if  heretofore  or hereafter held before July 1,
10    1999, has been or shall  be  given  in  accordance  with  the
11    provisions  of Section 12-5 of the Election Code in effect at
12    the time of the bond referendum, at least  10  and  not  more
13    than 45 days before the date of the election, notwithstanding
14    the  time  for publication otherwise imposed by Section 12-5,
15    and approved by a majority of the electors voting  upon  that
16    question.  Notices required in connection with the submission
17    of public questions on or after July 1, 1999 shall be as  set
18    forth  in Section 12-5 of the Election Code.  The clerk shall
19    certify the proposition of the corporate authorities  to  the
20    proper election authority who shall submit the question at an
21    election in accordance with the general election law, subject
22    to the notice provisions set forth in this Section.
23        Notice  of  any such election shall contain the amount of
24    the bond issue, purpose for which issued, and maximum rate of
25    interest.
26        However,  without  the  submission  of  the  question  of
27    issuing bonds to the electors, the corporate  authorities  of
28    any  municipality  may  authorize  the issuance of any of the
29    following bonds:
30        (1)  Bonds to refund any existing bonded indebtedness;
31        (2)  Bonds  to  fund  or  refund  any  existing  judgment
32    indebtedness;
 
SB933 Engrossed             -15-               LRB9105846PTpk
 1        (3)  In any municipality of less than 500,000 population,
 2    bonds to anticipate the collection of installments of special
 3    assessments and special taxes against property owned  by  the
 4    municipality  and  to anticipate the collection of the amount
 5    apportioned to the  municipality  as  public  benefits  under
 6    Article 9;
 7        (4)  Bonds  issued  by  any  municipality  under Sections
 8    8-4-15 through  8-4-23,  11-23-1  through  11-23-12,  11-25-1
 9    through  11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through
10    11-74.4-11, 11-74.5-1  through  11-74.5-15,  11-94-1  through
11    11-94-7,   11-102-1   through  11-102-10,  11-103-11  through
12    11-103-15,  11-118-1  through  11-118-6,   11-119-1   through
13    11-119-5,   11-129-1   through   11-129-7,  11-133-1  through
14    11-133-4,  11-139-1  through  11-139-12,   11-141-1   through
15    11-141-18  of  this  Code  or  10-801  through  10-808 of the
16    Illinois Highway Code, as amended;
17        (5)  Bonds issued by the board of education of any school
18    district under the provisions of Sections 34-30 through 34-36
19    of The School Code, as amended;
20        (6)  Bonds  issued  by   any   municipality   under   the
21    provisions  of  Division  6  of  this  Article  8; and by any
22    municipality under the  provisions  of  Division  7  of  this
23    Article  8;  or under the provisions of Sections 11-121-4 and
24    11-121-5;
25        (7)  Bonds to pay for the purchase of voting machines  by
26    any  municipality that has adopted Article 24 of The Election
27    Code, approved May 11, 1943, as amended;
28        (8)  Bonds issued by any municipality under  Sections  15
29    and  46  of the "Environmental Protection Act", approved June
30    29, 1970;
31        (9)  Bonds issued by the  corporate  authorities  of  any
32    municipality  under  the provisions of Section 8-4-25 of this
33    Article 8;
34        (10)  Bonds issued under Section 8-4-26 of this Article 8
 
SB933 Engrossed             -16-               LRB9105846PTpk
 1    by any municipality having a board of election commissioners;
 2        (11)  Bonds issued under the provisions  of  "An  Act  to
 3    provide  the  manner  of  levying  or  imposing taxes for the
 4    provision of special services to areas within the  boundaries
 5    of  home  rule  units  and  nonhome  rule  municipalities and
 6    counties", approved September 21, 1973;
 7        (12)  Bonds issued under Section 8-5-16 of this Code;
 8        (13)  Bonds to  finance  the  cost  of  the  acquisition,
 9    construction  or improvement of water or wastewater treatment
10    facilities mandated by  an  enforceable  compliance  schedule
11    developed in connection with the federal Clean Water Act or a
12    compliance  order  issued  by the United States Environmental
13    Protection Agency or the Illinois  Pollution  Control  Board;
14    provided  that  such  bonds  are  authorized  by an ordinance
15    adopted  by  a  three-fifths  majority   of   the   corporate
16    authorities  of  the  municipality  issuing  the  bonds which
17    ordinance shall specify that the construction or  improvement
18    of  such  facilities  is  necessary to alleviate an emergency
19    condition in such municipality;
20        (14)  Bonds  issued  by  any  municipality  pursuant   to
21    Section 11-113.1-1;
22        (15)  Bonds   issued  under  Sections  11-74.6-1  through
23    11-74.6-45, the Industrial Jobs Recovery Law of this Code.
24    (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)

25        Section 35.  The Public Library District Act of  1991  is
26    amended by changing Section 40-15 as follows:

27        (75 ILCS 16/40-15)
28        Sec. 40-15. Voter approval of bonds.
29        (a)  Bonds  shall  not  be  issued,  nor  the special tax
30    imposed, until the proposition to issue the  bonds  has  been
31    submitted  to and approved by a majority of the voters of the
32    district voting upon the proposition at  a  regular  election
 
SB933 Engrossed             -17-               LRB9105846PTpk
 1    provided that notice of the bond referendum, if heretofore or
 2    hereafter  held  before  July  1,  1999, has been or shall be
 3    given in accordance with the provisions of  Section  12-5  of
 4    the  Election  Code  in  effect  at  the  time  of  the  bond
 5    referendum,  at least 10 and not more than 45 days before the
 6    date  of  the  election,   notwithstanding   the   time   for
 7    publication   otherwise  imposed  by  Section  12-5.  Notices
 8    required  in  connection  with  the  submission   of   public
 9    questions  on  or after July 1, 1999 shall be as set forth in
10    Section 12-5 of the  Election  Code.    The  board  shall  by
11    ordinance  designate the election at which the proposition is
12    to be submitted  and  the  amount  of  the  bonds  and  their
13    purpose.  The  board  shall  certify  the  proposition to the
14    proper election authority, who shall submit  the  proposition
15    in  accordance  with the Election Code, subject to the notice
16    provisions set forth in this Section.
17        (b)  The  proposition  to  issue  bonds   shall   be   in
18    substantially the following form:
19             Shall   the   bonds   of  (name  of  public  library
20        district),  (location),  Illinois,  in  the   amount   of
21        $(amount) be issued for the purpose of (state one or more
22        purposes authorized in Section 40-5)?
23        (c)  When so authorized, the bonds shall be issued in the
24    name  of the district, signed by the president and secretary,
25    and countersigned by the treasurer,  with  the  seal  of  the
26    district affixed.
27    (Source: P.A. 90-812, eff. 1-26-99.)

28        Section  40.   The  School  Code  is  amended by changing
29    Section 19-3 as follows:

30        (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
31        Sec. 19-3. Boards  of  education.   Any  school  district
32    governed  by  a board of education and having a population of
 
SB933 Engrossed             -18-               LRB9105846PTpk
 1    not more than 500,000 inhabitants,  and  not  governed  by  a
 2    special  Act  may  borrow  money for the purpose of building,
 3    equipping,  altering  or  repairing   school   buildings   or
 4    purchasing  or  improving  school  sites,  or  acquiring  and
 5    equipping  playgrounds,  recreation grounds, athletic fields,
 6    and other  buildings  or  land  used  or  useful  for  school
 7    purposes  or  for  the  purpose of purchasing a site, with or
 8    without a building or buildings thereon, or for the  building
 9    of  a  house or houses on such site, or for the building of a
10    house or houses on the school site of  the  school  district,
11    for residential purposes of the superintendent, principal, or
12    teachers  of  the  school  district, and issue its negotiable
13    coupon bonds therefor signed by the president  and  secretary
14    of the board, in denominations of not less than $100 nor more
15    than $5,000, payable at such place and at such time or times,
16    not exceeding 20 years from date of issuance, as the board of
17    education  may  prescribe, and bearing interest at a rate not
18    to  exceed  the  maximum  rate   authorized   by   the   Bond
19    Authorization  Act,  as  amended at the time of the making of
20    the contract, payable annually,  semiannually  or  quarterly,
21    but  no  such bonds shall be issued unless the proposition to
22    issue them is submitted to the voters of the  district  at  a
23    referendum  held  at a regularly scheduled election after the
24    board has certified the proposition to  the  proper  election
25    authorities  in  accordance  with the general election law, a
26    majority of all the votes cast on the proposition is in favor
27    of the proposition, and notice of such  bond  referendum  (if
28    heretofore  or  hereafter  held  at any general election) has
29    been given either (i) in accordance with the second paragraph
30    of Section 12-1 of the Election Code irrespective of  whether
31    such  notice included any reference to the public question as
32    it appeared on the ballot, or (ii) for an election held on or
33    after November 1, 1998, in accordance with  Section  12-5  of
34    the  Election  Code,  or  (iii)  by publication of a true and
 
SB933 Engrossed             -19-               LRB9105846PTpk
 1    legible copy of the  specimen  ballot  label  containing  the
 2    proposition  in  the form in which it appeared or will appear
 3    on the official ballot label on the day of the  election   at
 4    least  5  days before the day of the election in at least one
 5    newspaper published in and having a  general  circulation  in
 6    each county in which the district is located, irrespective of
 7    any other requirements of Article 12 or Section 24A-18 of the
 8    Election  Code,  nor  shall  any residential site be acquired
 9    unless such proposition to acquire a site is submitted to the
10    voters of the district at a referendum held  at  a  regularly
11    scheduled   election   after  the  board  has  certified  the
12    proposition to the proper election authorities in  accordance
13    with the general election law and a majority of all the votes
14    cast  on  the  proposition  is  in  favor of the proposition.
15    Nothing in this Act or in any other law shall be construed to
16    require the notice of the bond  referendum  to  be  published
17    over  the  name  or  title  of  the election authority or the
18    listing of maturity dates of any bonds either in  the  notice
19    of  bond  election  or  ballot used in the bond election. The
20    provisions of this Section  concerning  notice  of  the  bond
21    referendum  apply only to elections held before July 1, 1999;
22    thereafter,  notices  required   in   connection   with   the
23    submission  of  public  questions  shall  be  as set forth in
24    Section 12-5 of the Election Code.  Such proposition  may  be
25    initiated by resolution of the school board.
26        With  respect  to  instruments  for  the payment of money
27    issued under this Section either before,  on,  or  after  the
28    effective  date  of  this  amendatory  Act of 1989, it is and
29    always has been the intention of  the  General  Assembly  (i)
30    that   the  Omnibus  Bond  Acts  are  and  always  have  been
31    supplementary  grants  of  power  to  issue  instruments   in
32    accordance  with  the  Omnibus  Bond  Acts, regardless of any
33    provision of this Act that may appear to be or to  have  been
34    more restrictive than those Acts, (ii) that the provisions of
 
SB933 Engrossed             -20-               LRB9105846PTpk
 1    this  Section  are  not  a  limitation  on  the supplementary
 2    authority granted by the Omnibus Bond Acts,  and  (iii)  that
 3    instruments    issued   under   this   Section   within   the
 4    supplementary authority granted by the Omnibus Bond Acts  are
 5    not  invalid  because  of  any provision of this Act that may
 6    appear to be or to have  been  more  restrictive  than  those
 7    Acts.
 8        The  proceeds of any bonds issued under authority of this
 9    Section shall  be  deposited  and  accounted  for  separately
10    within the Site and Construction/Capital Improvements Fund.
11    (Source: P.A.  89-698,  eff.  1-14-97;  90-811, eff. 1-26-99;
12    90-812, eff. 1-26-99.)

13        Section 99.  Effective date.  This Act takes effect  upon
14    becoming law.

[ Top ]