Full Text of HB4604 97th General Assembly
HB4604 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4604 Introduced 2/1/2012, by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/8-4.1-4 | from Ch. 24, par. 8-4.1-4 |
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Amends the Illinois Municipal Code. Provides that in municipalities with a population of less than 2,000,000 inhabitants, bonds shall not be
issued until
the proposition to issue the bonds has been submitted to and approved
by a majority of the voters of the municipality voting upon the proposition
at a regular election. Sets forth requirements concerning the notice and form of the proposition.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | | HB4604 | | LRB097 19444 KMW 64697 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 8-4.1-4 as follows:
| 6 | | (65 ILCS 5/8-4.1-4) (from Ch. 24, par. 8-4.1-4)
| 7 | | Sec. 8-4.1-4.
Whenever Applicable Law provides that the | 8 | | authorization
or the issuance of Bonds, or the becoming | 9 | | effective of an ordinance or
resolution providing for the | 10 | | authorization or issuance of Bonds, may be
subject to a | 11 | | backdoor referendum, the provisions of this Section may be
used | 12 | | as an alternative to the specific procedures as otherwise set | 13 | | forth by
Applicable Law.
| 14 | | A. The corporate authorities may adopt an authorizing | 15 | | ordinance
describing briefly the authority under which Bonds | 16 | | are proposed to be
issued, the nature of the project or purpose | 17 | | to be financed, the estimated
total costs of the project or | 18 | | purpose, including in such costs
all items related to financing | 19 | | the project or purpose, and the maximum
amount of Bonds | 20 | | authorized to be issued to pay such costs. No further
details | 21 | | or specifications are required in such authorizing ordinance. | 22 | | Such
authorizing ordinance, along with any other notice as | 23 | | required by
Applicable Law, including any notice as to the |
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| 1 | | right of electors to file a
petition and the number of voters | 2 | | required to sign any such
petition, shall be published or | 3 | | posted as required by Applicable Law. A
petition may be filed | 4 | | after such publication or posting during the period
as provided | 5 | | by Applicable Law; but upon the expiration of any such period,
| 6 | | the corporate authorities shall be authorized to issue such | 7 | | Bonds as if
they had followed all necessary procedures set | 8 | | forth in such Applicable Law.
| 9 | | B. If no petition meeting the requirements of the | 10 | | Applicable Law is
filed during the petition period hereinabove | 11 | | referred to, then the
corporate authorities may adopt | 12 | | additional ordinances or proceedings
supplementing or amending | 13 | | the authorizing ordinance so long as the maximum
amount of | 14 | | Bonds as set forth in the authorizing ordinance hereinabove
| 15 | | provided for is not exceeded, and there is no material change | 16 | | in the
project or purpose described in the authorizing | 17 | | ordinance. Such additional
ordinances or proceedings shall in | 18 | | all instances become effective
immediately without publication | 19 | | or posting or any further act or
requirement. The authorizing | 20 | | ordinance, together with such additional
ordinances or | 21 | | proceedings, shall constitute complete authority for the
| 22 | | issuance of such Bonds under the Applicable Law.
| 23 | | C. In municipalities with a population of less than | 24 | | 2,000,000 inhabitants, bonds shall not be
issued until
the | 25 | | proposition to issue the bonds has been submitted to and | 26 | | approved
by a majority of the voters of the municipality voting |
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| 1 | | upon the proposition
at a regular election.
Notice of the bond | 2 | | referendum shall be given pursuant to Section 12-5 of the | 3 | | Election
Code. The corporate authorities shall by ordinance
| 4 | | designate the election at which the proposition
is to be | 5 | | submitted, the amount of the bonds, and their purpose.
The | 6 | | corporate authorities shall certify the proposition to the | 7 | | proper election
authority,
who shall submit the proposition in | 8 | | accordance with the Election Code,
subject to the notice | 9 | | provisions set forth in this Section. | 10 | | The proposition to issue bonds shall be in substantially | 11 | | the following
form: | 12 | | Shall the bonds of (name of municipality) in the amount | 13 | | of $(amount) be issued for the purpose of (state one
or | 14 | | more purposes)? | 15 | | When so authorized, the bonds shall be issued in the name | 16 | | of the
municipality with the seal of the municipality affixed. | 17 | | (Source: P.A. 85-158.)
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