Illinois General Assembly - Full Text of HB3702
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Full Text of HB3702  93rd General Assembly

HB3702 93rd General Assembly


093_HB3702

 
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 1        AN ACT in relation to finance.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Local  Government  Debt  Reform  Act  is
 5    amended by changing Section 5 as follows:

 6        (30 ILCS 350/5) (from Ch. 17, par. 6905)
 7        Sec. 5.  Backdoor referendum procedure.
 8        (a)  Whenever    applicable   law   provides   that   the
 9    authorization or the  issuance  of  bonds,  or  the  becoming
10    effective  of an ordinance providing for the authorization or
11    issuance of bonds, may be subject to a  backdoor  referendum,
12    the  provisions of this Section may be used as an alternative
13    to  the  specific  procedures  as  otherwise  set  forth   by
14    applicable law.
15        (b)  The   governing   body   may  adopt  an  authorizing
16    ordinance describing briefly the authority under which  bonds
17    are  proposed  to  be  issued,  the  nature of the project or
18    purpose to be financed, the  estimated  total  costs  of  the
19    project or purpose, including in such costs all items related
20    to  financing  the project or purpose, and the maximum amount
21    of bonds authorized to be  issued  to  pay  such  costs.   No
22    further  details  or  specifications  are  required  in  such
23    authorizing  ordinance.   Such  authorizing  ordinance, along
24    with  any  other  notice  as  required  by  applicable   law,
25    including  any  notice  as to the right of electors to file a
26    petition and the number of voters required to sign  any  such
27    petition,  shall  be  published  by posting, as authorized by
28    applicable law, or published at least once in a newspaper  of
29    general  circulation in the governmental unit.  The governing
30    body  may,  but  is  not  required  to,   post   the   notice
31    electronically  on  its World Wide Web pages.  A petition may
 
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 1    be filed after such publication or posting during the  period
 2    as provided by applicable law; but upon the expiration of any
 3    such  period  without  the  filing  of a petition meeting the
 4    requirements of the applicable law, the governing body  shall
 5    be authorized to issue such bonds as if they had followed all
 6    necessary procedures set forth in such applicable law.
 7        (c)  If   no   petition   meeting   the  requirements  of
 8    applicable law is filed during the petition period, then  the
 9    governing body may adopt additional ordinances or proceedings
10    supplementing  or  amending the authorizing ordinance so long
11    as  the  maximum  amount  of  bonds  as  set  forth  in   the
12    authorizing  ordinance  is  not  exceeded  and  there  is  no
13    material  change  in  the project or purpose described in the
14    authorizing  ordinance.    Such  additional   ordinances   or
15    proceedings   shall   in   all   instances  become  effective
16    immediately without publication or posting or any further act
17    or requirement.  The  authorizing  ordinance,  together  with
18    such  additional  ordinance  or proceedings, shall constitute
19    complete authority for  the  issuance  of  such  bonds  under
20    applicable law.
21        (d)  If  applicable  law provides that notice alone shall
22    be given to commence a backdoor referendum, the notice  shall
23    be  published  at  least  once  in  a  newspaper  of  general
24    circulation  in  the  governmental  unit.  The governing body
25    may, but is not required to, post the  notice  electronically
26    on its World Wide Web pages.
27    (Source: P.A. 91-868, eff. 6-22-00.)

28        Section  99.  Effective  date.  This  Act takes effect on
29    January 1, 2004.