Illinois General Assembly - Full Text of Public Act 098-1168
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Public Act 098-1168


 

Public Act 1168 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-1168
 
SB3341 EnrolledLRB098 19797 JLK 55013 b

    AN ACT concerning local government.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Conservation District Act is amended by
changing Sections 15 and 15.1 as follows:
 
    (70 ILCS 410/15)  (from Ch. 96 1/2, par. 7116)
    Sec. 15. (a) Whenever a district does not have sufficient
money in its treasury to meet all necessary expenses and
liabilities thereof, it may issue tax anticipation warrants.
Such issue of tax anticipation warrants shall be subject to the
provisions of Section 2 of "An Act to provide for the manner of
issuing warrants upon the treasurer of the State or of any
county, township, or other municipal corporation or quasi
municipal corporation, or of any farm drainage district, river
district, drainage and levee district, fire protection
district and jurors' certificates", approved June 27, 1913, as
now and hereafter amended.
    (b) For the purpose of acquisition of real property, or
rights thereto, a district may incur indebtedness and, as
evidence of the indebtedness thus created, may issue and sell
bonds without first obtaining the consent of the legal voters
of the district.
    (b-5) For the purpose of development of real property, all
or a portion of which has been acquired with
referendum-approved bonds, a district located entirely within
McHenry County may incur indebtedness and, as evidence of the
indebtedness thus created, may issue and sell bonds without
first obtaining the consent of the legal voters of the
district. Development, for the purposes of this subsection
(b-5), shall mean the improvement or maintenance of existing
trails, parking lots, bridges, roads, picnic shelters, and
other improvements, adding or improving access to conservation
areas or district facilities to comply with the Americans with
Disabilities Act, demolition of unnecessary or unsafe
structures, and the stabilization, revitalization or
rehabilitation of historic structures.
    (c) For the purpose of development of real property, a
district may incur indebtedness and, as evidence of the
indebtedness thus created, may issue and sell bonds only after
the proposition to issue bonds has been submitted to the legal
voters of the district at an election and has been approved by
a majority of those voting on the proposition. Such election is
subject to Section 15.1 of this Act.
    (d) No district shall become indebted in any manner or for
any purpose, to any amount including existing indebtedness in
the aggregate exceeding 0.575% of the value, as equalized or
assessed by the Department of Revenue, of the taxable property
therein; except that a district entirely within a county of
under 750,000 inhabitants and contiguous to a county of more
than 2,000,000 inhabitants may incur indebtedness, including
existing indebtedness, in the aggregate not exceeding 1.725% of
that value if the aggregate indebtedness over 0.575% is
submitted to the legal voters of the district at an election
and is approved by a majority of those voting on the
proposition as provided in Section 15.1.
    The following do not in any way limit the right of a
district to issue non-referendum bonds under this Section:
bonds heretofore or hereafter issued and outstanding that are
approved by referendum, as described in this subsection (d);
refunding bonds issued to refund or continue to refund bonds
approved by referendum; and bonds issued under this Section
that have been paid in full or for which provisions for payment
have been made by an irrevocable deposit of funds in an amount
sufficient to pay the principal and interest on those bonds to
their respective maturity date.
    (e) Before or at the time of issuing bonds as described in
this Section for acquisition or development of real property,
the district shall provide by ordinance for the collection of
an annual tax, in addition to all other taxes authorized by
this act, sufficient to pay such bonds and the interest thereon
as the same respectively become due. Such bonds shall be
divided into series, the first of which shall mature not later
than 5 years after the date of issue and the last of which
shall mature not later than 25 years after the date of issue;
shall bear interest at a rate or rates not exceeding the
maximum rate permitted in "An Act to authorize public
corporations to issue bonds, other evidences of indebtedness
and tax anticipation warrants subject to interest rate
limitations set forth therein", approved May 26, 1970, as now
or hereafter amended; shall be in such form as the district
shall by resolution provide and shall be payable as to both
principal and interest from the proceeds of the annual levy of
taxes authorized to be levied by this Section, or so much
thereof as will be sufficient to pay the principal thereof and
the interest thereon. Prior to the authorization and issuance
of such bonds the district may, with or without notice,
negotiate and enter into an agreement or agreements with any
bank, investment banker, trust company or insurance company or
group thereof whereunder the marketing of such bonds may be
assured and consummated. The proceeds of such bonds shall be
deposited in a special fund, to be kept separate and apart from
all other funds of the conservation district.
(Source: P.A. 96-1178, eff. 7-22-10.)
 
    (70 ILCS 410/15.1)  (from Ch. 96 1/2, par. 7117)
    Sec. 15.1. When the board of a district proposes to incur
indebtedness and issue bonds, other than tax anticipation
warrants, for the purpose of development of real property as
provided in subsection (c) of Section 15 of this Act, or for
the purpose of incurring indebtedness in the aggregate over
0.575% as provided in subsection (d) of Section 15, it shall
order a referendum on the proposition.
    The district shall adopt an ordinance calling for the
referendum and setting forth the proposition. The clerk or
secretary of the district shall certify the ordinance and the
proposition to the proper election officials who shall submit
the proposition to the voters of the district at a referendum
in accordance with the general election law. For a bond
proposition put forward by a district organized under this Act,
including a forest preserve district created under Section
18.5, the ballot must have printed on it, but not as part of
the proposition submitted, the following language:
        The approximate impact of the proposed increase on the
    owner of a single-family home having a market value of
    (insert value) would be (insert amount) in the first year
    of the increase if the increase is fully implemented.
(Source: P.A. 97-364, eff. 8-15-11.)

Effective Date: 6/1/2015