Full Text of HB1322 97th General Assembly
HB1322 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1322 Introduced 2/9/2011, by Rep. Al Riley SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/8-4-1 | from Ch. 24, par. 8-4-1 |
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Amends the Illinois Municipal Code. Provides that the corporate authorities of a non-home rule municipality, without submitting the question of authorization to the electors, may authorize the issuance of bonds.
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| | A BILL FOR |
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| | | HB1322 | | LRB097 07672 PJG 47783 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 8-4-1 as follows:
| 6 | | (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
| 7 | | Sec. 8-4-1.
No bonds shall be issued by the corporate | 8 | | authorities
of any municipality until the question of | 9 | | authorizing such bonds has
been submitted to the electors of | 10 | | that municipality
provided that notice of the bond referendum, | 11 | | if
held before July 1, 1999,
has been given in accordance with | 12 | | the provisions of Section
12-5
of the Election Code in effect | 13 | | at the time of the bond referendum, at least
10 and not more | 14 | | than 45 days before the date of
the election, notwithstanding | 15 | | the time for publication otherwise imposed by
Section 12-5,
and | 16 | | approved by a
majority of the electors voting upon that | 17 | | question.
Notices required in connection with the submission of | 18 | | public questions
on or after July 1, 1999 shall be as set forth | 19 | | in Section 12-5 of the Election
Code.
The clerk shall certify
| 20 | | the proposition of the corporate authorities to the proper | 21 | | election
authority who shall submit the question at an election | 22 | | in accordance with
the general election law, subject to the | 23 | | notice provisions set forth in this
Section. However, on and |
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| 1 | | after the effective date of this amendatory Act of the 97th | 2 | | General Assembly, the corporate authorities of a non-home rule | 3 | | municipality may authorize the issuance of bonds without | 4 | | submitting the question of authorizing those bonds to the | 5 | | electors of that municipality.
| 6 | | Notice of any such election shall contain the amount of the | 7 | | bond
issue, purpose for which issued, and maximum rate of | 8 | | interest.
| 9 | | However, without the submission of the question of issuing | 10 | | bonds to the
electors, the corporate authorities of any | 11 | | municipality may authorize the
issuance of any of the following | 12 | | bonds:
| 13 | | (1) Bonds to refund any existing bonded indebtedness;
| 14 | | (2) Bonds to fund or refund any existing judgment | 15 | | indebtedness;
| 16 | | (3) In any municipality of less than 500,000 population, | 17 | | bonds to
anticipate the collection of installments of special | 18 | | assessments and
special taxes against property owned by the | 19 | | municipality and to
anticipate the collection of the amount | 20 | | apportioned to the municipality
as public benefits under | 21 | | Article 9;
| 22 | | (4) Bonds issued by any municipality under Sections 8-4-15 | 23 | | through
8-4-23, 11-23-1 through 11-23-12, 11-25-1 through | 24 | | 11-26-6, 11-71-1
through 11-71-10, 11-74.3-1 through | 25 | | 11-74.3-7, 11-74.4-1 through 11-74.4-11, 11-74.5-1 through
| 26 | | 11-74.5-15,
11-94-1 through 11-94-7, 11-102-1 through |
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| 1 | | 11-102-10,
11-103-11 through 11-103-15, 11-118-1 through | 2 | | 11-118-6, 11-119-1 through
11-119-5, 11-129-1 through | 3 | | 11-129-7, 11-133-1 through 11-133-4, 11-139-1
through | 4 | | 11-139-12, 11-141-1 through 11-141-18 of this Code or 10-801
| 5 | | through 10-808 of the Illinois Highway Code, as amended;
| 6 | | (5) Bonds issued by the board of education of any school | 7 | | district
under the provisions of Sections 34-30 through 34-36 | 8 | | of The School Code,
as amended;
| 9 | | (6) Bonds issued by any municipality under the provisions | 10 | | of
Division 6 of this Article 8; and by any municipality under | 11 | | the
provisions of Division 7 of this Article 8; or under the | 12 | | provisions of
Sections 11-121-4 and 11-121-5;
| 13 | | (7) Bonds to pay for the purchase of voting machines by any
| 14 | | municipality that has adopted Article 24 of The Election Code, | 15 | | approved
May 11, 1943, as amended;
| 16 | | (8) Bonds issued by any municipality under Sections 15 and | 17 | | 46 of the
"Environmental Protection Act", approved June 29, | 18 | | 1970;
| 19 | | (9) Bonds issued by the corporate authorities of any | 20 | | municipality
under the provisions of Section 8-4-25 of this | 21 | | Article 8;
| 22 | | (10) Bonds issued under Section 8-4-26 of this Article 8 by | 23 | | any
municipality having a board of election commissioners;
| 24 | | (11) Bonds issued under the provisions of "An Act to | 25 | | provide the
manner of levying or imposing taxes for the | 26 | | provision of special
services to areas within the boundaries of |
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| 1 | | home rule units and nonhome
rule municipalities and counties", | 2 | | approved September 21, 1973;
| 3 | | (12) Bonds issued under Section 8-5-16 of this Code;
| 4 | | (13) Bonds to finance the cost of the acquisition, | 5 | | construction or
improvement of water or wastewater treatment | 6 | | facilities mandated by an
enforceable compliance schedule | 7 | | developed in connection with the federal
Clean Water Act or a | 8 | | compliance order issued by the United States
Environmental | 9 | | Protection Agency or the Illinois Pollution Control Board;
| 10 | | provided that such bonds are authorized by an ordinance adopted | 11 | | by a
three-fifths majority of the corporate authorities of the | 12 | | municipality
issuing the bonds which ordinance shall specify | 13 | | that the construction or
improvement of such facilities is | 14 | | necessary to alleviate an emergency
condition in such | 15 | | municipality;
| 16 | | (14) Bonds issued by any municipality pursuant to Section
| 17 | | 11-113.1-1;
| 18 | | (15) Bonds issued under Sections 11-74.6-1 through | 19 | | 11-74.6-45, the
Industrial Jobs Recovery Law of this Code ; .
| 20 | | (16) Bonds issued under the Innovation Development and | 21 | | Economy Act, except as may be required by Section 35 of that | 22 | | Act. | 23 | | (Source: P.A. 96-939, eff. 6-24-10; 96-1394, eff. 7-29-10; | 24 | | revised 9-2-10.)
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