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Public Act 91-0057
SB933 Enrolled LRB9105846PTpk
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Statute on Statutes is amended by
changing Section 8 as follows:
(5 ILCS 70/8) (from Ch. 1, par. 1107)
Sec. 8. Omnibus Bond Acts.
(a) A citation to the Omnibus Bond Acts is a citation to
all of the following Acts, collectively, as amended from time
to time: the Bond Authorization Act, the Registered Bond
Act, the Municipal Bond Reform Act, the Local Government Debt
Reform Act, subsection (a) of Section 1-7 of the Property Tax
Extension Limitation Act, subsection (a) of Section 18-190 of
the Property Tax Code, the Uniform Facsimile Signature of
Public Officials Act, the Local Government Bond Validity Act,
the Illinois Development Finance Authority Act, the Public
Funds Investment Act, the Local Government Credit Enhancement
Act, the Local Government Defeasance of Debt Law, the
Intergovernmental Cooperation Act, the Local Government
Financial Planning and Supervision Act, the Special
Assessment Supplemental Bond and Procedure Act, Section 12-5
of the Election Code, and any similar Act granting additional
omnibus bond powers to governmental entities generally,
whether enacted before, on, or after the effective date of
this amendatory Act of 1989.
(b) The General Assembly recognizes that the
proliferation of governmental entities has resulted in the
enactment of hundreds of statutory provisions relating to the
borrowing and other powers of governmental entities. The
General Assembly addresses and has addressed problems common
to all such governmental entities so that they have equal
access to the municipal bond market. It has been, and will
continue to be, the intention of the General Assembly to
enact legislation applicable to governmental entities in an
omnibus fashion, as has been done in the provisions of the
Omnibus Bond Acts.
(c) It is and always has been the intention of the
General Assembly that the Omnibus Bond Acts are and always
have been supplementary grants of power, cumulative in nature
and in addition to any power or authority granted in any
other laws of the State. The Omnibus Bond Acts are
supplementary grants of power when applied in connection with
any similar grant of power or limitation contained in any
other law of the State, whether or not the other law is
enacted or amended after an Omnibus Bond Act or appears to be
more restrictive than an Omnibus Bond Act, unless the General
Assembly expressly declares in such other law that a
specifically named Omnibus Bond Act does not apply.
(d) All instruments providing for the payment of money
executed by or on behalf of any governmental entity organized
by or under the laws of this State, including without
limitation the State, to carry out a public governmental or
proprietary function, acting through its corporate
authorities, or which any governmental entity has assumed or
agreed to pay, which were:
(1) issued or authorized to be issued by
proceedings adopted by such corporate authorities before
the effective date of this amendatory Act of 1989;
(2) issued or authorized to be issued in accordance
with the procedures set forth in or pursuant to any
authorization contained in any of the Omnibus Bond Acts;
and
(3) issued or authorized to be issued for any
purpose authorized by the laws of this State, are valid
and legally binding obligations of the governmental
entity issuing such instruments, payable in accordance
with their terms.
(Source: P.A. 90-480, eff. 8-17-97.)
Section 5. The Election Code is amended by changing
Sections 3-1.2, 7-10, 8-8, 10-4, 12-5, and 28-3 as follows:
(10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
Sec. 3-1.2. Eligibility to sign or circulate petition.
For the purpose of determining eligibility to sign or
circulate a nominating petition or a petition proposing a
public question the terms "voter", "registered voter",
"qualified voter", "legal voter", "elector", "qualified
elector", "primary elector" and "qualified primary elector"
as used in this Code or in another Statute shall mean a
person who is registered to vote at the address shown
opposite his signature on the petition or was registered to
vote at such address when he signed the petition. Any person,
otherwise qualified under this Section, who has not moved to
another residence but whose address has changed as a result
of implementation of a 9-1-1 emergency telephone system shall
be considered a "voter", "registered voter", "qualified
voter", "legal voter", "elector", "qualified elector",
"primary elector", and "qualified primary elector".
(Source: P.A. 90-664, eff. 7-30-98.)
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of
no candidate for nomination, or State central committeeman,
or township committeeman, or precinct committeeman, or ward
committeeman or candidate for delegate or alternate delegate
to national nominating conventions, shall be printed upon the
primary ballot unless a petition for nomination has been
filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the ....
party for the nomination for (or in case of committeemen for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date). the .... day of ...., ....
Name Office Address
John Jones Governor Belvidere, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I am a registered voter
and have been a registered voter at all times I have
circulated this petition, that I reside at No. .... street,
in the .... of ...., county of ...., and State of Illinois,
and that the signatures on this sheet were signed in my
presence, and are genuine, and that to the best of my
knowledge and belief the persons so signing were at the time
of signing the petitions qualified voters of the .... party,
and that their respective residences are correctly stated, as
above set forth.
.........................
Subscribed and sworn to before me on (insert date). this
.... day of ...., ....
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place
of residence; and the heading of each sheet shall be the
same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required
to be written or printed opposite each qualified primary
elector's name shall include the street address or rural
route number of the signer, as the case may be, as well as
the signer's county, and city, village or town, and state.
However the county or city, village or town, and state of
residence of the electors may be printed on the petition
forms where all of the electors signing the petition reside
in the same county or city, village or town, and state.
Standard abbreviations may be used in writing the residence
address, including street number, if any. At the bottom of
each sheet of such petition shall be added a statement signed
by a registered voter of the political division, who has been
a registered voter at all times he or she circulated the
petition, for which the candidate is seeking a nomination,
stating the street address or rural route number of the
voter, as the case may be, as well as the voter's county, and
city, village or town, and state; and certifying that the
signatures on that sheet of the petition were signed in his
presence; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last
dates on which the sheet was circulated, or (3) certifying
that none of the signatures on the sheet were signed more
than 90 days preceding the last day for the filing of the
petition, or more than 45 days preceding the last day for
filing of the petition in the case of political party and
independent candidates for single or multi-county regional
superintendents of schools in the 1994 general primary
election; and certifying that the signatures on the sheet are
genuine, and certifying that to the best of his knowledge
and belief the persons so signing were at the time of signing
the petitions qualified voters of the political party for
which a nomination is sought. Such statement shall be sworn
to before some officer authorized to administer oaths in this
State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the
filing of such petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local
election officials, election authorities or the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator thereof, and not
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each
of the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall
state that the candidate is a qualified primary voter of the
party to which the petition relates and is qualified for the
office specified (in the case of a candidate for State's
Attorney it shall state that the candidate is at the time of
filing such statement a licensed attorney-at-law of this
State), shall state that he has filed (or will file before
the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed
upon the official ballot, and shall be subscribed and sworn
to by such candidate before some officer authorized to take
acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at
.... Street in the city (or village) of ...., in the county
of ...., State of Illinois; that I am a qualified voter
therein and am a qualified primary voter of the .... party;
that I am a candidate for nomination (for election in the
case of committeeman and delegates and alternate delegates)
to the office of .... to be voted upon at the primary
election to be held on (insert date); the .... day of ....,
....; that I am legally qualified (including being the holder
of any license that may be an eligibility requirement for the
office I seek the nomination for) to hold such office and
that I have filed (or I will file before the close of the
petition filing period) a statement of economic interests as
required by the Illinois Governmental Ethics Act and I hereby
request that my name be printed upon the official primary
ballot for nomination for (or election to in the case of
committeemen and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of ...., 19...
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or
added to, and no signatures shall be revoked except by
revocation filed in writing with the State Board of
Elections, election authority or local election official with
whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer
upon any petition required by this Article is deemed guilty
of a forgery and on conviction thereof shall be punished
accordingly.
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices.
Such petitions for nominations shall be signed:
(a) If for a State office, or for delegate or
alternate delegate to be elected from the State at large
to a National nominating convention by not less than
5,000 nor more than 10,000 primary electors of his party.
(b) If for a congressional officer or for delegate
or alternate delegate to be elected from a congressional
district to a national nominating convention by at least
.5% of the qualified primary electors of his party in his
congressional district, except that for the first primary
following a redistricting of congressional districts such
petitions shall be signed by at least 600 qualified
primary electors of the candidate's party in his
congressional district.
(c) If for a county office (including county board
member and chairman of the county board where elected
from the county at large), by at least .5% of the
qualified electors of his party cast at the last
preceding general election in his county. However, if
for the nomination for county commissioner of Cook
County, then by at least .5% of the qualified primary
electors of his or her party in his or her county in the
district or division in which such person is a candidate
for nomination; and if for county board member from a
county board district, then by at least .5% of the
qualified primary electors of his party in the county
board district. In the case of an election for county
board member to be elected from a district, for the first
primary following a redistricting of county board
districts or the initial establishment of county board
districts, then by at least .5% of the qualified electors
of his party in the entire county at the last preceding
general election, divided by the number of county board
districts, but in any event not less than 25 qualified
primary electors of his party in the district.
(d) If for a municipal or township office by at
least .5% of the qualified primary electors of his party
in the municipality or township; if for alderman, by at
least .5% of the voters of his party of his ward. In the
case of an election for alderman or trustee of a
municipality to be elected from a ward or district, for
the first primary following a redistricting or the
initial establishment of wards or districts, then by .5%
of the total number of votes cast for the candidate of
such political party who received the highest number of
votes in the entire municipality at the last regular
election at which an officer was regularly scheduled to
be elected from the entire municipality, divided by the
number of wards or districts, but in any event not less
than 25 qualified primary electors of his party in the
ward or district.
(e) If for State central committeeman, by at least
100 of the primary electors of his or her party of his or
her congressional district.
(f) If for a candidate for trustee of a sanitary
district in which trustees are not elected from wards, by
at least .5% of the primary electors of his party, from
such sanitary district.
(g) If for a candidate for trustee of a sanitary
district in which the trustees are elected from wards, by
at least .5% of the primary electors of his party in his
ward of such sanitary district, except that for the first
primary following a reapportionment of the district such
petitions shall be signed by at least 150 qualified
primary electors of the candidate's ward of such sanitary
district.
(h) If for a candidate for judicial office, by at
least 500 qualified primary electors of his or her
judicial district, circuit, or subcircuit, as the case
may be.
(i) If for a candidate for precinct committeeman,
by at least 10 primary electors of his or her party of
his or her precinct; if for a candidate for ward
committeeman, by not less than 10% nor more than 16% (or
50 more than the minimum, whichever is greater) of the
primary electors of his party of his ward; if for a
candidate for township committeeman, by not less than 5%
nor more than 8% (or 50 more than the minimum, whichever
is greater) of the primary electors of his party in his
township or part of a township as the case may be.
(j) If for a candidate for State's Attorney or
Regional Superintendent of Schools to serve 2 or more
counties, by at least .5% of the primary electors of his
party in the territory comprising such counties.
(k) If for any other office by at least .5% of the
total number of registered voters of the political
subdivision, district or division for which the
nomination is made or a minimum of 25, whichever is
greater.
For the purposes of this Section the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected. For political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such political subdivision at the
last regular election at which an officer was regularly
scheduled to be elected from that subdivision. For wards or
districts of political subdivisions, the number of primary
electors shall be determined by taking the total vote cast
for the candidate for such political party who received the
highest number of votes in such ward or district at the last
regular election at which an officer was regularly scheduled
to be elected from that ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
(Source: P.A. 87-1052; 88-89; revised 1-26-99.)
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of
no candidate for nomination shall be printed upon the primary
ballot unless a petition for nomination shall have been filed
in his behalf as provided for in this Section. Each such
petition shall include as a part thereof the oath required by
Section 7-10.1 of this Act and a statement of candidacy by
the candidate filing or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall
state that the candidate is a qualified primary voter of the
party to which the petition relates, is qualified for the
office specified and has filed a statement of economic
interests as required by the Illinois Governmental Ethics
Act, shall request that the candidate's name be placed upon
the official ballot and shall be subscribed and sworn by such
candidate before some officer authorized to take
acknowledgment of deeds in this State and may be in
substantially the following form:
State of Illinois)
) ss.
County ..........)
I, ...., being first duly sworn, say that I reside at
.... street in the city (or village of) .... in the county of
.... State of Illinois; that I am a qualified voter therein
and am a qualified primary voter of .... party; that I am a
candidate for nomination to the office of .... to be voted
upon at the primary election to be held on (insert date); the
.... day of ...., 19..; that I am legally qualified to hold
such office and that I have filed a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the
official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date). this ....
day of .... 19...
Signed .... (Official Character)
(Seal if officer has one.)
All petitions for nomination for the office of State
Senator shall be signed by 1% or 600, whichever is greater,
of the qualified primary electors of the candidate's party in
his legislative district, except that for the first primary
following a redistricting of legislative districts, such
petitions shall be signed by at least 600 qualified primary
electors of the candidate's party in his legislative
district.
All petitions for nomination for the office of
Representative in the General Assembly shall be signed by at
least 1% or 300, whichever is greater, of the qualified
primary electors of the candidate's party in his or her
representative district, except that for the first primary
following a redistricting of representative districts such
petitions shall be signed by at least 300 qualified primary
electors of the candidate's party in his or her
representative district.
Opposite the signature of each qualified primary elector
who signs a petition for nomination for the office of State
Representative or State Senator such elector's residence
address shall be written or printed. The residence address
required to be written or printed opposite each qualified
primary elector's name shall include the street address or
rural route number of the signer, as the case may be, as well
as the signer's county and city, village or town.
For the purposes of this Section, the number of primary
electors shall be determined by taking the total vote cast,
in the applicable district, for the candidate for such
political party who received the highest number of votes,
state-wide, at the last general election in the State at
which electors for President of the United States were
elected.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than
one party.
In the affidavit at the bottom of each sheet, the
petition circulator, who shall have been a registered voter
at all times he or she circulated the petition, shall state
his street address or rural route number, as the case may be,
as well as his county and city, village or town.
In the affidavit at the bottom of each petition sheet,
the petition circulator shall either (1) indicate the dates
on which he or she circulated that sheet, or (2) indicate the
first and last dates on which the sheet was circulated, or
(3) certify that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition. No petition sheet shall be
circulated more than 90 days preceding the last day provided
in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(Source: P.A. 86-867; 86-875; 86-1028; 86-1348; 87-1052;
revised 10-20-98.)
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All
petitions for nomination under this Article 10 for candidates
for public office in this State, shall in addition to other
requirements provided by law, be as follows: Such petitions
shall consist of sheets of uniform size and each sheet shall
contain, above the space for signature, an appropriate
heading, giving the information as to name of candidate or
candidates in whose behalf such petition is signed; the
office; the party; place of residence; and such other
information or wording as required to make same valid, and
the heading of each sheet shall be the same. Such petition
shall be signed by the qualified voters in their own proper
persons only, and opposite the signature of each signer his
residence address shall be written or printed. The residence
address required to be written or printed opposite each
qualified primary elector's name shall include the street
address or rural route number of the signer, as the case may
be, as well as the signer's county, and city, village or
town, and state. However, the county or city, village or
town, and state of residence of such electors may be printed
on the petition forms where all of the such electors signing
the petition reside in the same county or city, village or
town, and state. Standard abbreviations may be used in
writing the residence address, including street number, if
any. No signature shall be valid or be counted in
considering the validity or sufficiency of such petition
unless the requirements of this Section are complied with. At
the bottom of each sheet of such petition shall be added a
statement, signed by a registered voter of the political
division, who has been a registered voter at all times he or
she circulated the petition, for which the candidate or
candidates shall be nominated; stating the street address or
rural route number of the voter, as the case may be, as well
as the voter's county, and city, village or town, and state
certifying that the signatures on that sheet of the petition
were signed in his presence; certifying that the signatures
are genuine; and either (1) indicating the dates on which
that sheet was circulated, or (2) indicating the first and
last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were
signed more than 90 days preceding the last day for the
filing of the petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election; and certifying that to the best of his
knowledge and belief the persons so signing were at the time
of signing the petition duly registered voters under Articles
4, 5 or 6 of the Code of the political subdivision or
district for which the candidate or candidates shall be
nominated, and certifying that their respective residences
are correctly stated therein. Such statement shall be sworn
to before some officer authorized to administer oaths in this
State. No petition sheet shall be circulated more than 90
days preceding the last day provided in Section 10-6 for the
filing of such petition, or more than 45 days preceding the
last day for filing of the petition in the case of political
party and independent candidates for single or multi-county
regional superintendents of schools in the 1994 general
primary election. Such sheets, before being presented to the
electoral board or filed with the proper officer of the
electoral district or division of the state or municipality,
as the case may be, shall be neatly fastened together in book
form, by placing the sheets in a pile and fastening them
together at one edge in a secure and suitable manner, and the
sheets shall then be numbered consecutively. The sheets
shall not be fastened by pasting them together end to end, so
as to form a continuous strip or roll. All petition sheets
which are filed with the proper local election officials,
election authorities or the State Board of Elections shall be
the original sheets which have been signed by the voters and
by the circulator, and not photocopies or duplicates of such
sheets. A petition, when presented or filed, shall not be
withdrawn, altered, or added to, and no signature shall be
revoked except by revocation in writing presented or filed
with the officers or officer with whom the petition is
required to be presented or filed, and before the presentment
or filing of such petition. Whoever forges any name of a
signer upon any petition shall be deemed guilty of a forgery,
and on conviction thereof, shall be punished accordingly.
The word "petition" or "petition for nomination", as used
herein, shall mean what is sometimes known as nomination
papers, in distinction to what is known as a certificate of
nomination. The words "political division for which the
candidate is nominated", or its equivalent, shall mean the
largest political division in which all qualified voters may
vote upon such candidate or candidates, as the state in the
case of state officers; the township in the case of township
officers et cetera. Provided, further, that no person shall
circulate or certify petitions for candidates of more than
one political party, or for an independent candidate or
candidates in addition to one political party, to be voted
upon at the next primary or general election, or for such
candidates and parties with respect to the same political
subdivision at the next consolidated election.
(Source: P.A. 87-1052; 88-89.)
(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
Sec. 12-5. Notice for public questions. For all
elections held after July 1, 1999, notice of public questions
shall be required only as set forth in this Section. Not
more than 30 days nor less than 10 days before the date of a
regular election at which a public question is to be
submitted to the voters of a political or governmental
subdivision, and at least 20 days before an emergency
referendum, the election authority shall publish notice of
the referendum. The notice shall be published once in a
local, community newspaper having general circulation in the
political or governmental subdivision. The notice shall also
be given at least 10 days before the date of the election by
posting a copy of the notice at the principal office of the
election authority. The local election official shall also
post a copy of the notice at the principal office of the
political or governmental subdivision, or if there is no
principal office at the building in which the governing body
of the political or governmental subdivision held its first
meeting of the calendar year in which the referendum is being
held. The election authority and the political or
governmental subdivision may, but are not required to, post
the notice electronically on their World Wide Web pages. The
notice, which shall appear over the name or title of the
election authority, shall be substantially in the following
form:
NOTICE IS HEREBY GIVEN that at the election to be
held on (insert day of the week), (insert date of
election), the following proposition will be submitted to
the voters of (name of political or governmental
subdivision):
(insert the public question as it will appear on the
ballot)
The polls at the election will be open at 6:00
o'clock A.M. and will continue to be open until 7:00
o'clock P.M. of that day.
Dated (date of notice)
(Name or title of the election authority)
The notice shall also include any additional information
required by the statute authorizing the public question. The
notice shall set forth the precincts and polling places at
which the referendum will be conducted only in the case of
emergency referenda.
Not more than 30 nor less than 10 days prior to the date
of a regular election at which a public question is to be
submitted to the voters of a political subdivision, and at
least 20 days prior to an emergency referendum, the election
authority shall publish notice of the referendum. The
publication requirements shall be as provided in Section 12-4
for notice of election of officers of the political
subdivision. However, notice of a referendum shall include
the public question as it will appear on the ballot and any
additional information required by the statute authorizing
the public question. Such notice shall enumerate the
precincts and polling places at which the referendum will be
conducted only in the case of emergency referenda.
(Source: P.A. 81-963.)
(10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
Sec. 28-3. Form of petition for public question.
Petitions for the submission of public questions shall
consist of sheets of uniform size and each sheet shall
contain, above the space for signature, an appropriate
heading, giving the information as to the question of public
policy to be submitted, and specifying the state at large or
the political subdivision or district or precinct or
combination of precincts or other territory in which it is to
be submitted and, where by law the public question must be
submitted at a particular election, the election at which it
is to be submitted. In the case of a petition for the
submission of a public question described in subsection (b)
of Section 28-6, the heading shall also specify the regular
election at which the question is to be submitted and include
the precincts included in the territory concerning which the
public question is to be submitted, as well as a common
description of such territory in plain and nonlegal language,
such description to describe the territory by reference to
streets, natural or artificial landmarks, addresses or any
other method which would enable a voter signing the petition
to be informed of the territory concerning which the question
is to be submitted. The heading of each sheet shall be the
same. Such petition shall be signed by the registered voters
of the political subdivision or district or precinct or
combination of precincts in which the question of public
policy is to be submitted in their own proper persons only,
and opposite the signature of each signer his residence
address shall be written or printed, which residence address
shall include the street address or rural route number of the
signer, as the case may be, as well as the signer's county,
and city, village or town, and state; provided that the
county or city, village or town, and state of residence of
such electors may be printed on the petition forms where all
of the such electors signing the petition reside in the same
county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. No signature shall be valid
or be counted in considering the validity or sufficiency of
such petition unless the requirements of this Section are
complied with.
At the bottom of each sheet of such petition shall be
added a statement, signed by a registered voter, who has been
a registered voter at all times he or she circulated the
petition, of the political subdivision or district or
precinct or combination of precincts in which the question of
public policy is to be submitted, stating the street address
or rural route number of the voter, as the case may be, as
well as the voter's county, and city, village or town, and
state certifying that the signatures on that sheet of the
petition were signed in his presence and are genuine, and
that to the best of his knowledge and belief the persons so
signing were at the time of signing the petition registered
voters of the political subdivision or district or precinct
or combination of precincts in which the question of public
policy is to be submitted and that their respective
residences are correctly stated therein. Such statement shall
be sworn to before some officer authorized to administer
oaths in this State.
Such sheets, before being filed with the proper officer
or board shall be bound securely and numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local
election officials, election authorities or the State Board
of Elections shall be the original sheets which have been
signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets. A petition, when
presented or filed, shall not be withdrawn, altered, or added
to, and no signature shall be revoked except by revocation in
writing presented or filed with the board or officer with
whom the petition is required to be presented or filed, and
before the presentment or filing of such petition, except as
may otherwise be provided in another statute which authorize
the public question. Whoever forges any name of a signer upon
any petition shall be deemed guilty of a forgery, and on
conviction thereof, shall be punished accordingly.
In addition to the foregoing requirements, a petition
proposing an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution or a
petition proposing a question of public policy to be
submitted to the voters of the entire State shall be in
conformity with the requirements of Section 28-9 of this
Article.
If multiple sets of petitions for submission of the same
public questions are filed, the State Board of Elections,
appropriate election authority or local election official
where the petitions are filed shall within 2 business days
notify the proponent of his or her multiple petition filings
and that proponent has 3 business days after receipt of the
notice to notify the State Board of Elections, appropriate
election authority or local election official that he or she
may cancel prior sets of petitions. If the proponent
notifies the State Board of Elections, appropriate election
authority or local election official, the last set of
petitions filed shall be the only petitions to be considered
valid by the State Board of Elections, appropriate election
authority or local election official. If the proponent fails
to notify the State Board of Elections, appropriate election
authority or local election official then only the first set
of petitions filed shall be valid and all subsequent
petitions shall be void.
(Source: P.A. 86-867; 87-1052.)
Section 15. The Local Government Debt Reform Act is
amended by changing Section 15 as follows:
(30 ILCS 350/15) (from Ch. 17, par. 6915)
Sec. 15. Double-barrelled bonds. Whenever revenue bonds
have been authorized to be issued pursuant to applicable law
or whenever there exists for a governmental unit a revenue
source, the procedures set forth in this Section may be used
by a governing body. General obligation bonds may be issued
in lieu of such revenue bonds as authorized, and general
obligation bonds may be issued payable from any revenue
source. Such general obligation bonds may be referred to as
"alternate bonds". Alternate bonds may be issued without any
referendum or backdoor referendum except as provided in this
Section, upon the terms provided in Section 10 of this Act
without reference to other provisions of law, but only upon
the conditions provided in this Section. Alternate bonds
shall not be regarded as or included in any computation of
indebtedness for the purpose of any statutory provision or
limitation except as expressly provided in this Section.
Such conditions are:
(a) Alternate bonds shall be issued for a lawful
corporate purpose. If issued in lieu of revenue bonds,
alternate bonds shall be issued for the purposes for which
such revenue bonds shall have been authorized. If issued
payable from a revenue source in the manner hereinafter
provided, which revenue source is limited in its purposes or
applications, then the alternate bonds shall be issued only
for such limited purposes or applications. Alternate bonds
may be issued payable from either enterprise revenues or
revenue sources, or both.
(b) Alternate bonds shall be subject to backdoor
referendum. The provisions of Section 5 of this Act shall
apply to such backdoor referendum, together with the
provisions hereof. The authorizing ordinance shall be
published in a newspaper of general circulation in the
governmental unit. Along with or as part of the authorizing
ordinance, there shall be published a notice of (1) the
specific number of voters required to sign a petition
requesting that the issuance of the alternate bonds be
submitted to referendum, (2) the time when such petition must
be filed, (3) the date of the prospective referendum, and
(4), with respect to authorizing ordinances adopted on or
after January 1, 1991, a statement that identifies any
revenue source that will be used to pay the principal of and
interest on the alternate bonds. The clerk or secretary of
the governmental unit shall make a petition form available to
anyone requesting one. If no petition is filed with the
clerk or secretary within 30 days of publication of the
authorizing ordinance and notice, the alternate bonds shall
be authorized to be issued. But if within this 30 days
period, a petition is filed with such clerk or secretary
signed by electors numbering the greater of (i) 7.5% of the
registered voters in the governmental unit or (ii) 200 of
those registered voters or 15% of those registered voters,
whichever is less, asking that the issuance of such alternate
bonds be submitted to referendum, the clerk or secretary
shall certify such question for submission at an election
held in accordance with the general election law. The
question on the ballot shall include a statement of any
revenue source that will be used to pay the principal of and
interest on the alternate bonds. The alternate bonds shall be
authorized to be issued if a majority of the votes cast on
the question at such election are in favor thereof provided
that notice of the bond referendum, if heretofore or
hereafter held before July 1, 1999, has been or shall be
given in accordance with the provisions of Section 12-5 of
the Election Code in effect at the time of the bond
referendum, at least 10 and not more than 45 days before the
date of the election, notwithstanding the time for
publication otherwise imposed by Section 12-5. Notices
required in connection with the submission of public
questions on or after July 1, 1999 shall be as set forth in
Section 12-5 of the Election Code. Backdoor referendum
proceedings for bonds and alternate bonds to be issued in
lieu of such bonds may be conducted at the same time.
(c) To the extent payable from enterprise revenues, such
revenues shall have been determined by the governing body to
be sufficient to provide for or pay in each year to final
maturity of such alternate bonds all of the following: (1)
costs of operation and maintenance of the utility or
enterprise, but not including depreciation, (2) debt service
on all outstanding revenue bonds payable from such enterprise
revenues, (3) all amounts required to meet any fund or
account requirements with respect to such outstanding revenue
bonds, (4) other contractual or tort liability obligations,
if any, payable from such enterprise revenues, and (5) in
each year, an amount not less than 1.25 times debt service of
all (i) alternate bonds payable from such enterprise revenues
previously issued and outstanding and (ii) alternate bonds
proposed to be issued. To the extent payable from one or
more revenue sources, such sources shall have been determined
by the governing body to provide in each year, an amount not
less than 1.25 times debt service of all alternate bonds
payable from such revenue sources previously issued and
outstanding and alternate bonds proposed to be issued. The
conditions enumerated in this subsection (c) need not be met
for that amount of debt service provided for by the setting
aside of proceeds of bonds or other moneys at the time of the
delivery of such bonds.
(d) The determination of the sufficiency of enterprise
revenues or a revenue source, as applicable, shall be
supported by reference to the most recent audit of the
governmental unit, which shall be for a fiscal year ending
not earlier than 18 months previous to the time of issuance
of the alternate bonds. If such audit does not adequately
show such enterprise revenues or revenue source, as
applicable, or if such enterprise revenues or revenue source,
as applicable, are shown to be insufficient, then the
determination of sufficiency shall be supported by the report
of an independent accountant or feasibility analyst having a
national reputation for expertise in such matters,
demonstrating the sufficiency of such revenues and
explaining, if appropriate, by what means the revenues will
be greater than as shown in the audit. Whenever such
sufficiency is demonstrated by reference to a schedule of
higher rates or charges for enterprise revenues or a higher
tax imposition for a revenue source, such higher rates,
charges or taxes shall have been properly imposed by an
ordinance adopted prior to the time of delivery of alternate
bonds. The reference to and acceptance of an audit or
report, as the case may be, and the determination of the
governing body as to sufficiency of enterprise revenues or a
revenue source shall be conclusive evidence that the
conditions of this Section have been met and that the
alternate bonds are valid.
(e) The enterprise revenues or revenue source, as
applicable, shall be in fact pledged to the payment of the
alternate bonds; and the governing body shall covenant, to
the extent it is empowered to do so, to provide for, collect
and apply such enterprise revenues or revenue source, as
applicable, to the payment of the alternate bonds and the
provision of not less than an additional .25 times debt
service. The pledge and establishment of rates or charges
for enterprise revenues, or the imposition of taxes in a
given rate or amount, as provided in this Section for
alternate bonds, shall constitute a continuing obligation of
the governmental unit with respect to such establishment or
imposition and a continuing appropriation of the amounts
received. All covenants relating to alternate bonds and the
conditions and obligations imposed by this Section are
enforceable by any bondholder of alternate bonds affected,
any taxpayer of the governmental unit, and the People of the
State of Illinois acting through the Attorney General or any
designee, and in the event that any such action results in an
order finding that the governmental unit has not properly set
rates or charges or imposed taxes to the extent it is
empowered to do so or collected and applied enterprise
revenues or any revenue source, as applicable, as required by
this Act, the plaintiff in any such action shall be awarded
reasonable attorney's fees. The intent is that such
enterprise revenues or revenue source, as applicable, shall
be sufficient and shall be applied to the payment of debt
service on such alternate bonds so that taxes need not be
levied, or if levied need not be extended, for such payment.
Nothing in this Section shall inhibit or restrict the
authority of a governing body to determine the lien priority
of any bonds, including alternate bonds, which may be issued
with respect to any enterprise revenues or revenue source.
In the event that alternate bonds shall have been issued
and taxes, other than a designated revenue source, shall have
been extended pursuant to the general obligation, full faith
and credit promise supporting such alternate bonds, then the
amount of such alternate bonds then outstanding shall be
included in the computation of indebtedness of the
governmental unit for purposes of all statutory provisions or
limitations until such time as an audit of the governmental
unit shall show that the alternate bonds have been paid from
the enterprise revenues or revenue source, as applicable,
pledged thereto for a complete fiscal year.
Alternate bonds may be issued to refund or advance refund
alternate bonds without meeting any of the conditions set
forth in this Section, except that the term of the refunding
bonds shall not be longer than the term of the refunded bonds
and that the debt service payable in any year on the
refunding bonds shall not exceed the debt service payable in
such year on the refunded bonds.
Once issued, alternate bonds shall be and forever remain
until paid or defeased the general obligation of the
governmental unit, for the payment of which its full faith
and credit are pledged, and shall be payable from the levy of
taxes as is provided in this Act for general obligation
bonds.
The changes made by this amendatory Act of 1990 do not
affect the validity of bonds authorized before September 1,
1990.
(Source: P.A. 90-812, eff. 1-26-99.)
Section 20. The Property Tax Code is amended by changing
Sections 18-205 and 18-210 as follows:
(35 ILCS 200/18-205)
Sec. 18-205. Referendum to increase the extension
limitation. A taxing district is limited to an extension
increase of 5% or the percentage increase in the Consumer
Price Index during the 12-month calendar year preceding the
levy year, whichever is less. A taxing district may increase
its extension limitation for a current levy year if that
taxing district holds a referendum before the levy date at
which a majority of voters voting on the issue approves
adoption of a higher extension limitation. Referenda shall
be conducted at a regularly scheduled election in accordance
with the Election Code provided that notice of the
referendum, if heretofore or hereafter held before July 1,
1999, has been or shall be given in accordance with the
provisions of Section 12-5 of the Election Code in effect at
the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5.
Notices required in connection with the submission of public
questions on or after July 1, 1999 shall be as set forth in
Section 12-5 of the Election Code. The question shall be
presented in substantially the following manner:
-------------------------------------------------------------
Shall the extension limitation
under the Property Tax Extension
Limitation Law for ... YES
(taxing district name) ... be increased
from ... (the lesser of 5% or the ------------------
increase in the Consumer Price Index over
the prior levy year) ...% to ... (percentage NO
of proposed increase) ...% for the ...
(levy year) ... levy year?
-------------------------------------------------------------
If a majority of voters voting on the issue approves the
adoption of the increase, the increase shall be applicable
for the levy year specified.
(Source: P.A. 90-812, eff. 1-26-99.)
(35 ILCS 200/18-210)
Sec. 18-210. Establishing a new levy. Except as provided
in Section 18-215, as it relates to a transfer of a service,
before a county clerk may extend taxes for funds subject to
the limitations of this Law, a new taxing district or a
taxing district with an aggregate extension base of zero
shall hold a referendum establishing a maximum aggregate
extension for the levy year. The maximum aggregate extension
is established for the current levy year if a taxing district
has held a referendum before the levy date at which the
majority voting on the issue approves its adoption. The
referendum under this Section may be held at the same time as
the referendum on creating a new taxing district. The
question shall be submitted to the voters at a regularly
scheduled election in accordance with the Election Code
provided that notice of referendum, if heretofore or
hereafter held before July 1, 1999, has been or shall be
given in accordance with the provisions of Section 12-5 of
the Election Code in effect at the time of the bond
referendum, at least 10 and not more than 45 days before the
date of the election, notwithstanding the time for
publication otherwise imposed by Section 12-5. Notices
required in connection with the submission of public
questions on or after July 1, 1999 shall be as set forth in
Section 12-5 of the Election Code. The question shall be
submitted in substantially the following form:
-------------------------------------------------------------
Under the Property Tax Extension
Limitation Law, may an YES
aggregate extension not to exceed ...
(aggregate extension amount) ... ---------------------
be made for the ... (taxing
district name) ... for the NO
... (levy year) ... levy year?
-------------------------------------------------------------
If a majority of voters voting on the increase approves the
adoption of the aggregate extension, the extension shall be
effective for the levy year specified.
(Source: P.A. 90-812, eff. 1-26-99.)
Section 25. The Illinois Pension Code is amended by
changing Section 3-145 as follows:
(40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
Sec. 3-145. Referendum in municipalities less than
5,000. This Article shall not be effective in any
municipality having a population of less than 5,000 unless
the proposition to adopt the Article is submitted to and
approved by the voters of the municipality in the manner
herein provided.
Whenever the electors of the municipality, equal in
number to 5% of the number of legal votes cast at the last
preceding general municipal election, petition the city,
village or town clerk to submit the proposition whether that
municipality shall adopt this Article, the officer to whom
the petition is addressed shall certify the proposition to
the proper election officials who shall submit the
proposition in accordance with the general election law at a
regular election in the municipality provided that notice of
the referendum, if heretofore or hereafter held before July
1, 1999, has been or shall be given in accordance with the
provisions of Section 12-5 of the Election Code in effect at
the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5.
Notices required in connection with the submission of public
questions on or after July 1, 1999 shall be as set forth in
Section 12-5 of the Election Code. If the proposition is not
adopted at that election, it may be submitted in like manner
at any regular election thereafter. The proposition shall be
substantially in the following form:
-------------------------------------------------------------
Shall the city (or village or
incorporated town) of.... adopt YES
Article 3 of the "Illinois Pension -----------------------
Code", pertaining to the creation NO
of a police pension fund?
-------------------------------------------------------------
If a majority of the votes cast on the proposition is for the
proposition, this Article is adopted in that municipality.
(Source: P.A. 90-812, eff. 1-26-99.)
Section 5. The Illinois Municipal Code is amended by
changing Sections 3.1-25-20, 4-3-5, and 8-4-1 and adding
Section 3.1-20-45 as follows:
(65 ILCS 5/3.1-20-45 new)
Sec. 3.1-20-45. Nonpartisan primary elections;
uncontested office. A city incorporated under this Code that
elects municipal officers at nonpartisan primary and general
elections shall conduct the elections as provided in the
Election Code, except that no office for which nomination is
uncontested shall be included on the primary ballot and no
primary shall be held for that office. For the purposes of
this Section, an office is uncontested when not more than two
persons to be nominated for each office have timely filed
valid nominating papers seeking nomination for the election
to that office.
Notwithstanding the preceding paragraph, when a person
(i) who has not timely filed valid nomination papers and (ii)
who intends to become a write-in candidate for nomination for
any office for which nomination is uncontested files a
written statement or notice of that intent with the proper
election official with whom the nomination papers for that
office are filed, a primary ballot must be prepared and a
primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the
consolidated primary election. The statement must contain (i)
the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends
to become a write-in candidate, and (iii) the office the
person is seeking as a write-in candidate. An election
authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the
requirements of this paragraph is filed in a timely manner.
(65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
Sec. 3.1-25-20. Primary election. A village incorporated
under this Code shall nominate and elect candidates for
president and trustees in nonpartisan primary and general
elections as provided in Sections 3.1-25-20 through 3.1-25-55
until the electors of the village vote to require the
partisan election of the president and trustees at a
referendum in the manner provided in Section 3.1-25-65 after
January 1, 1992. The provisions of Sections 3.1-25-20 through
3.1-25-55 shall apply to all villages incorporated under this
Code that have operated under those Sections without the
adoption of those provisions by the referendum provided in
Section 3.1-25-60 as well as those villages that have adopted
those provisions by the referendum provided in Section
3.1-25-60 until the electors of those villages vote to
require the partisan election of the president and trustees
in the manner provided in Section 3.1-25-65. Villages that
have nominated and elected candidates for president and
trustees in partisan elections prior to January 1, 1992, may
continue to hold partisan elections without conducting a
referendum in the manner provided in Section 3.1-25-65. All
candidates for nomination to be voted for at all general
municipal elections at which a president or trustees, or
both, are to be elected under this Article shall be nominated
from the village at large by a primary election, except that
no primary shall be held where the names of not more than 2
persons are entitled to be printed on the primary ballot as
candidates for the nomination for each office to be filled at
an election at which no other offices are to be filled and
those persons, having filed the statement of candidacy and
petition required by the general election law, shall be the
candidates for office at the general municipal election.
Notwithstanding any other provision of law, no primary
shall be held in any village when the nomination for every
office to be voted upon by the electors of the village is
uncontested. If the nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of the village, then a primary must be
held in the village, provided that the primary ballot shall
not include those offices in the village for which the
nomination is uncontested. For the purposes of this Section,
an office is uncontested when not more than the number of
persons to be nominated to the office have timely filed valid
nominating papers seeking nomination for election to that
office.
Notwithstanding the preceding paragraph, when a person
(i) who has not timely filed valid nomination papers and (ii)
who intends to become a write-in candidate for nomination for
any office for which nomination is uncontested files a
written statement or notice of that intent with the proper
election official with whom the nomination papers for that
office are filed, a primary ballot must be prepared and a
primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the
consolidated primary election. The statement must contain
(i) the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends
to become a write-in candidate, and (iii) the office the
person is seeking as a write-in candidate. An election
authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the
requirements of this paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner
prescribed in Sections 3.1-25-20 through 3.1-25-65 shall be
placed on the ballot at the general municipal election. The
village clerk shall certify the offices to be filled and the
candidates for those offices to the proper election authority
as provided in the general election law. A primary for those
offices, if required, shall be held in accordance with the
general election law.
(Source: P.A. 87-1119.)
(65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
Sec. 4-3-5. All candidates for nomination to be voted for
at all general municipal elections at which a mayor and 4
commissioners are to be elected under this article shall be
nominated from the municipality at large by a primary
election, except that no primary shall be held where the
names of not more than 2 persons are entitled to be printed
on the primary ballot as a candidate for the nomination for
each office to be filled at an election at which no other
offices are to be voted on and such persons, having filed the
statement of candidacy and petition required by the general
election law shall be the candidates for office at the
general municipal election.
Notwithstanding any other provision of law, no primary
shall be held in any municipality when the nomination for
every office to be voted upon by the electors of the
municipality is uncontested. If the nomination of candidates
is uncontested as to one or more, but not all, of the offices
to be voted upon by the electors of the municipality, then a
primary must be held in the municipality, provided that the
primary ballot shall not include those offices in the
municipality for which the nomination is uncontested. For
the purposes of this Section, an office is uncontested when
not more than the number of persons to be nominated to the
office have timely filed valid nominating papers seeking
nomination for election to that office.
Notwithstanding the preceding paragraph, when a person
(i) who has not timely filed valid nomination papers and (ii)
who intends to become a write-in candidate for nomination for
any office for which nomination is uncontested files a
written statement or notice of that intent with the proper
election official with whom the nomination papers for that
office are filed, a primary ballot must be prepared and a
primary must be held for the office. The statement or notice
must be filed on or before the 61st day before the
consolidated primary election. The statement must contain
(i) the name and address of the person intending to become a
write-in candidate, (ii) a statement that the person intends
to become a write-in candidate, and (iii) the office the
person is seeking as a write-in candidate. An election
authority has no duty to conduct a primary election or
prepare a primary ballot unless a statement meeting the
requirements of this paragraph is filed in a timely manner.
Only the names of those persons nominated in the manner
prescribed in this article shall be placed upon the ballot at
the general municipal election. The municipal clerk shall
certify the offices to be filled and the candidates therefor
to the proper election authority as provided in the general
election law.
A primary for such offices, if required, shall be held in
accordance with the provisions of the general election law.
(Source: P.A. 81-1490.)
(65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
Sec. 8-4-1. No bonds shall be issued by the corporate
authorities of any municipality until the question of
authorizing such bonds has been submitted to the electors of
that municipality provided that notice of the bond
referendum, if heretofore or hereafter held before July 1,
1999, has been or shall be given in accordance with the
provisions of Section 12-5 of the Election Code in effect at
the time of the bond referendum, at least 10 and not more
than 45 days before the date of the election, notwithstanding
the time for publication otherwise imposed by Section 12-5,
and approved by a majority of the electors voting upon that
question. Notices required in connection with the submission
of public questions on or after July 1, 1999 shall be as set
forth in Section 12-5 of the Election Code. The clerk shall
certify the proposition of the corporate authorities to the
proper election authority who shall submit the question at an
election in accordance with the general election law, subject
to the notice provisions set forth in this Section.
Notice of any such election shall contain the amount of
the bond issue, purpose for which issued, and maximum rate of
interest.
However, without the submission of the question of
issuing bonds to the electors, the corporate authorities of
any municipality may authorize the issuance of any of the
following bonds:
(1) Bonds to refund any existing bonded indebtedness;
(2) Bonds to fund or refund any existing judgment
indebtedness;
(3) In any municipality of less than 500,000 population,
bonds to anticipate the collection of installments of special
assessments and special taxes against property owned by the
municipality and to anticipate the collection of the amount
apportioned to the municipality as public benefits under
Article 9;
(4) Bonds issued by any municipality under Sections
8-4-15 through 8-4-23, 11-23-1 through 11-23-12, 11-25-1
through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1 through
11-74.4-11, 11-74.5-1 through 11-74.5-15, 11-94-1 through
11-94-7, 11-102-1 through 11-102-10, 11-103-11 through
11-103-15, 11-118-1 through 11-118-6, 11-119-1 through
11-119-5, 11-129-1 through 11-129-7, 11-133-1 through
11-133-4, 11-139-1 through 11-139-12, 11-141-1 through
11-141-18 of this Code or 10-801 through 10-808 of the
Illinois Highway Code, as amended;
(5) Bonds issued by the board of education of any school
district under the provisions of Sections 34-30 through 34-36
of The School Code, as amended;
(6) Bonds issued by any municipality under the
provisions of Division 6 of this Article 8; and by any
municipality under the provisions of Division 7 of this
Article 8; or under the provisions of Sections 11-121-4 and
11-121-5;
(7) Bonds to pay for the purchase of voting machines by
any municipality that has adopted Article 24 of The Election
Code, approved May 11, 1943, as amended;
(8) Bonds issued by any municipality under Sections 15
and 46 of the "Environmental Protection Act", approved June
29, 1970;
(9) Bonds issued by the corporate authorities of any
municipality under the provisions of Section 8-4-25 of this
Article 8;
(10) Bonds issued under Section 8-4-26 of this Article 8
by any municipality having a board of election commissioners;
(11) Bonds issued under the provisions of "An Act to
provide the manner of levying or imposing taxes for the
provision of special services to areas within the boundaries
of home rule units and nonhome rule municipalities and
counties", approved September 21, 1973;
(12) Bonds issued under Section 8-5-16 of this Code;
(13) Bonds to finance the cost of the acquisition,
construction or improvement of water or wastewater treatment
facilities mandated by an enforceable compliance schedule
developed in connection with the federal Clean Water Act or a
compliance order issued by the United States Environmental
Protection Agency or the Illinois Pollution Control Board;
provided that such bonds are authorized by an ordinance
adopted by a three-fifths majority of the corporate
authorities of the municipality issuing the bonds which
ordinance shall specify that the construction or improvement
of such facilities is necessary to alleviate an emergency
condition in such municipality;
(14) Bonds issued by any municipality pursuant to
Section 11-113.1-1;
(15) Bonds issued under Sections 11-74.6-1 through
11-74.6-45, the Industrial Jobs Recovery Law of this Code.
(Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)
Section 35. The Public Library District Act of 1991 is
amended by changing Section 40-15 as follows:
(75 ILCS 16/40-15)
Sec. 40-15. Voter approval of bonds.
(a) Bonds shall not be issued, nor the special tax
imposed, until the proposition to issue the bonds has been
submitted to and approved by a majority of the voters of the
district voting upon the proposition at a regular election
provided that notice of the bond referendum, if heretofore or
hereafter held before July 1, 1999, has been or shall be
given in accordance with the provisions of Section 12-5 of
the Election Code in effect at the time of the bond
referendum, at least 10 and not more than 45 days before the
date of the election, notwithstanding the time for
publication otherwise imposed by Section 12-5. Notices
required in connection with the submission of public
questions on or after July 1, 1999 shall be as set forth in
Section 12-5 of the Election Code. The board shall by
ordinance designate the election at which the proposition is
to be submitted and the amount of the bonds and their
purpose. The board shall certify the proposition to the
proper election authority, who shall submit the proposition
in accordance with the Election Code, subject to the notice
provisions set forth in this Section.
(b) The proposition to issue bonds shall be in
substantially the following form:
Shall the bonds of (name of public library
district), (location), Illinois, in the amount of
$(amount) be issued for the purpose of (state one or more
purposes authorized in Section 40-5)?
(c) When so authorized, the bonds shall be issued in the
name of the district, signed by the president and secretary,
and countersigned by the treasurer, with the seal of the
district affixed.
(Source: P.A. 90-812, eff. 1-26-99.)
Section 40. The School Code is amended by changing
Section 19-3 as follows:
(105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
Sec. 19-3. Boards of education. Any school district
governed by a board of education and having a population of
not more than 500,000 inhabitants, and not governed by a
special Act may borrow money for the purpose of building,
equipping, altering or repairing school buildings or
purchasing or improving school sites, or acquiring and
equipping playgrounds, recreation grounds, athletic fields,
and other buildings or land used or useful for school
purposes or for the purpose of purchasing a site, with or
without a building or buildings thereon, or for the building
of a house or houses on such site, or for the building of a
house or houses on the school site of the school district,
for residential purposes of the superintendent, principal, or
teachers of the school district, and issue its negotiable
coupon bonds therefor signed by the president and secretary
of the board, in denominations of not less than $100 nor more
than $5,000, payable at such place and at such time or times,
not exceeding 20 years from date of issuance, as the board of
education may prescribe, and bearing interest at a rate not
to exceed the maximum rate authorized by the Bond
Authorization Act, as amended at the time of the making of
the contract, payable annually, semiannually or quarterly,
but no such bonds shall be issued unless the proposition to
issue them is submitted to the voters of the district at a
referendum held at a regularly scheduled election after the
board has certified the proposition to the proper election
authorities in accordance with the general election law, a
majority of all the votes cast on the proposition is in favor
of the proposition, and notice of such bond referendum (if
heretofore or hereafter held at any general or consolidated
election) has been given either (i) in accordance with the
second paragraph of Section 12-1 of the Election Code
irrespective of whether such notice included any reference to
the public question as it appeared on the ballot, or (ii) for
an election held on or after November 1, 1998, in accordance
with Section 12-5 of the Election Code, or (iii) by
publication of a true and legible copy of the specimen ballot
label containing the proposition in the form in which it
appeared or will appear on the official ballot label on the
day of the election at least 5 days before the day of the
election in at least one newspaper published in and having a
general circulation in each county in which the district is
located, irrespective of any other requirements of Article 12
or Section 24A-18 of the Election Code, nor shall any
residential site be acquired unless such proposition to
acquire a site is submitted to the voters of the district at
a referendum held at a regularly scheduled election after the
board has certified the proposition to the proper election
authorities in accordance with the general election law and a
majority of all the votes cast on the proposition is in favor
of the proposition. Nothing in this Act or in any other law
shall be construed to require the notice of the bond
referendum to be published over the name or title of the
election authority or the listing of maturity dates of any
bonds either in the notice of bond election or ballot used in
the bond election. The provisions of this Section concerning
notice of the bond referendum apply only to elections held
before July 1, 1999; thereafter, notices required in
connection with the submission of public questions shall be
as set forth in Section 12-5 of the Election Code. Such
proposition may be initiated by resolution of the school
board.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of this amendatory Act of 1989, it is and
always has been the intention of the General Assembly (i)
that the Omnibus Bond Acts are and always have been
supplementary grants of power to issue instruments in
accordance with the Omnibus Bond Acts, regardless of any
provision of this Act that may appear to be or to have been
more restrictive than those Acts, (ii) that the provisions of
this Section are not a limitation on the supplementary
authority granted by the Omnibus Bond Acts, and (iii) that
instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those
Acts.
The proceeds of any bonds issued under authority of this
Section shall be deposited and accounted for separately
within the Site and Construction/Capital Improvements Fund.
(Source: P.A. 89-698, eff. 1-14-97; 90-811, eff. 1-26-99;
90-812, eff. 1-26-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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