State of Illinois
91st General Assembly
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91_SB0933enr

 
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 1        AN ACT concerning elections.

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

 4        Section  5.   The  Statute  on  Statutes  is  amended  by
 5    changing Section 8 as follows:

 6        (5 ILCS 70/8) (from Ch. 1, par. 1107)
 7        Sec. 8.  Omnibus Bond Acts.
 8        (a)  A citation to the Omnibus Bond Acts is a citation to
 9    all of the following Acts, collectively, as amended from time
10    to  time:   the  Bond  Authorization Act, the Registered Bond
11    Act, the Municipal Bond Reform Act, the Local Government Debt
12    Reform Act, subsection (a) of Section 1-7 of the Property Tax
13    Extension Limitation Act, subsection (a) of Section 18-190 of
14    the Property Tax Code, the  Uniform  Facsimile  Signature  of
15    Public Officials Act, the Local Government Bond Validity Act,
16    the  Illinois  Development  Finance Authority Act, the Public
17    Funds Investment Act, the Local Government Credit Enhancement
18    Act,  the  Local  Government  Defeasance  of  Debt  Law,  the
19    Intergovernmental  Cooperation  Act,  the  Local   Government
20    Financial   Planning   and   Supervision   Act,  the  Special
21    Assessment Supplemental Bond and Procedure Act, Section  12-5
22    of the Election Code, and any similar Act granting additional
23    omnibus  bond  powers  to  governmental  entities  generally,
24    whether  enacted  before,  on, or after the effective date of
25    this amendatory Act of 1989.
26        (b)  The   General   Assembly   recognizes    that    the
27    proliferation  of  governmental  entities has resulted in the
28    enactment of hundreds of statutory provisions relating to the
29    borrowing and other  powers  of  governmental  entities.  The
30    General  Assembly addresses and has addressed problems common
31    to all such governmental entities so  that  they  have  equal
 
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 1    access  to  the  municipal bond market. It has been, and will
 2    continue to be, the intention  of  the  General  Assembly  to
 3    enact  legislation  applicable to governmental entities in an
 4    omnibus fashion, as has been done in the  provisions  of  the
 5    Omnibus Bond Acts.
 6        (c)  It  is  and  always  has  been  the intention of the
 7    General Assembly that the Omnibus Bond Acts  are  and  always
 8    have been supplementary grants of power, cumulative in nature
 9    and  in  addition  to  any  power or authority granted in any
10    other  laws  of  the  State.    The  Omnibus  Bond  Acts  are
11    supplementary grants of power when applied in connection with
12    any similar grant of power or  limitation  contained  in  any
13    other  law  of  the  State,  whether  or not the other law is
14    enacted or amended after an Omnibus Bond Act or appears to be
15    more restrictive than an Omnibus Bond Act, unless the General
16    Assembly  expressly  declares  in  such  other  law  that   a
17    specifically named Omnibus Bond Act does not apply.
18        (d)  All  instruments  providing for the payment of money
19    executed by or on behalf of any governmental entity organized
20    by or  under  the  laws  of  this  State,  including  without
21    limitation  the  State, to carry out a public governmental or
22    proprietary   function,   acting   through   its    corporate
23    authorities,  or which any governmental entity has assumed or
24    agreed to pay, which were:
25             (1)  issued  or   authorized   to   be   issued   by
26        proceedings  adopted by such corporate authorities before
27        the effective date of this amendatory Act of 1989;
28             (2)  issued or authorized to be issued in accordance
29        with the procedures set  forth  in  or  pursuant  to  any
30        authorization  contained in any of the Omnibus Bond Acts;
31        and
32             (3)  issued or  authorized  to  be  issued  for  any
33        purpose  authorized  by the laws of this State, are valid
34        and  legally  binding  obligations  of  the  governmental
 
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 1        entity issuing such instruments,  payable  in  accordance
 2        with their terms.
 3    (Source: P.A. 90-480, eff. 8-17-97.)


 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 3-1.2, 7-10, 8-8, 10-4, 12-5, and 28-3 as follows:

 6        (10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
 7        Sec. 3-1.2.  Eligibility to sign or  circulate  petition.
 8    For  the  purpose  of  determining  eligibility  to  sign  or
 9    circulate  a  nominating  petition  or a petition proposing a
10    public  question  the  terms  "voter",  "registered   voter",
11    "qualified   voter",  "legal  voter",  "elector",  "qualified
12    elector", "primary elector" and "qualified  primary  elector"
13    as  used  in  this  Code  or  in another Statute shall mean a
14    person who  is  registered  to  vote  at  the  address  shown
15    opposite  his  signature on the petition or was registered to
16    vote at such address when he signed the petition. Any person,
17    otherwise qualified under this Section, who has not moved  to
18    another  residence  but whose address has changed as a result
19    of implementation of a 9-1-1 emergency telephone system shall
20    be  considered  a  "voter",  "registered  voter",  "qualified
21    voter",  "legal  voter",  "elector",   "qualified   elector",
22    "primary elector", and "qualified primary elector".
23    (Source: P.A. 90-664, eff. 7-30-98.)

24        (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
25        Sec.  7-10.  Form of petition for nomination. The name of
26    no candidate for nomination, or State  central  committeeman,
27    or  township  committeeman, or precinct committeeman, or ward
28    committeeman or candidate for delegate or alternate  delegate
29    to national nominating conventions, shall be printed upon the
30    primary  ballot  unless  a  petition  for nomination has been
 
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 1    filed  in  his  behalf  as  provided  in  this   Article   in
 2    substantially the following form:
 3        We,  the  undersigned, members of and affiliated with the
 4    .... party and qualified primary electors of the ....  party,
 5    in  the  ....  of  ....,  in  the county of .... and State of
 6    Illinois, do hereby petition that the following named  person
 7    or  persons  shall  be  a candidate or candidates of the ....
 8    party for the nomination for (or in case of committeemen  for
 9    election  to) the office or offices hereinafter specified, to
10    be voted for at the primary election to be  held  on  (insert
11    date). the .... day of ...., ....
12             Name             Office                Address
13        John Jones           Governor           Belvidere, Ill.
14       Thomas Smith      Attorney General        Oakland, Ill.
15    Name..................         Address.......................
16    State of Illinois)
17                     ) ss.
18    County of........)
19        I,  ....,  do hereby certify that I am a registered voter
20    and have  been  a  registered  voter  at  all  times  I  have
21    circulated  this  petition, that I reside at No. .... street,
22    in the .... of ...., county of ...., and State  of  Illinois,
23    and  that  the  signatures  on  this  sheet were signed in my
24    presence, and are  genuine,  and  that  to  the  best  of  my
25    knowledge  and belief the persons so signing were at the time
26    of signing the petitions qualified voters of the ....  party,
27    and that their respective residences are correctly stated, as
28    above set forth.
29                                        .........................
30        Subscribed  and sworn to before me on (insert date). this
31    .... day of ...., ....
32                                        .........................

33        Each sheet of the petition other than  the  statement  of
34    candidacy  and candidate's statement shall be of uniform size
 
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 1    and  shall  contain  above  the  space  for   signatures   an
 2    appropriate  heading  giving  the  information  as to name of
 3    candidate or candidates, in whose  behalf  such  petition  is
 4    signed; the office, the political party represented and place
 5    of  residence;  and  the  heading  of each sheet shall be the
 6    same.
 7        Such  petition  shall  be  signed  by  qualified  primary
 8    electors residing in the political  division  for  which  the
 9    nomination  is  sought  in  their own proper persons only and
10    opposite the signature of each signer, his residence  address
11    shall  be written or printed.  The residence address required
12    to be written or  printed  opposite  each  qualified  primary
13    elector's  name  shall  include  the  street address or rural
14    route number of the signer, as the case may be,  as  well  as
15    the  signer's  county,  and city, village or town, and state.
16    However the county or city, village or  town,  and  state  of
17    residence  of  the  electors  may  be printed on the petition
18    forms where all of the electors signing the  petition  reside
19    in  the  same  county  or  city,  village or town, and state.
20    Standard abbreviations may be used in writing  the  residence
21    address,  including  street number, if any.  At the bottom of
22    each sheet of such petition shall be added a statement signed
23    by a registered voter of the political division, who has been
24    a registered voter at all times  he  or  she  circulated  the
25    petition,  for  which  the candidate is seeking a nomination,
26    stating the street address  or  rural  route  number  of  the
27    voter, as the case may be, as well as the voter's county, and
28      city,  village  or town, and state; and certifying that the
29    signatures on that sheet of the petition were signed  in  his
30    presence;  and  either (1) indicating the dates on which that
31    sheet was circulated, or (2) indicating the  first  and  last
32    dates  on  which  the sheet was circulated, or (3) certifying
33    that none of the signatures on the  sheet  were  signed  more
34    than  90  days  preceding  the last day for the filing of the
 
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 1    petition, or more than 45 days preceding  the  last  day  for
 2    filing  of  the  petition  in the case of political party and
 3    independent candidates for single  or  multi-county  regional
 4    superintendents  of  schools  in  the  1994  general  primary
 5    election; and certifying that the signatures on the sheet are
 6    genuine,  and  certifying  that  to the best of his knowledge
 7    and belief the persons so signing were at the time of signing
 8    the petitions qualified voters of  the  political  party  for
 9    which  a  nomination is sought. Such statement shall be sworn
10    to before some officer authorized to administer oaths in this
11    State.
12        No petition sheet shall be circulated more than  90  days
13    preceding  the  last  day  provided  in  Section 7-12 for the
14    filing of such petition, or more than 45 days  preceding  the
15    last  day for filing of the petition in the case of political
16    party and independent candidates for single  or  multi-county
17    regional  superintendents  of  schools  in  the  1994 general
18    primary election.
19        The person circulating the petition, or the candidate  on
20    whose  behalf  the  petition  is  circulated,  may strike any
21    signature from the petition, provided that;
22             (1)  the person striking the signature shall initial
23        the petition at the place where the signature is  struck;
24        and
25             (2)  the  person striking the signature shall sign a
26        certification listing the page number and line number  of
27        each   signature   struck   from   the   petition.   Such
28        certification shall be filed as a part of the petition.
29        Such sheets before being filed shall be  neatly  fastened
30    together  in  book  form, by placing the sheets in a pile and
31    fastening them together at one edge in a secure and  suitable
32    manner,  and the sheets shall then be numbered consecutively.
33    The sheets shall not be fastened by pasting them together end
34    to end, so as to  form  a  continuous  strip  or  roll.   All
 
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 1    petition  sheets  which  are  filed  with  the  proper  local
 2    election  officials,  election authorities or the State Board
 3    of Elections shall be the original  sheets  which  have  been
 4    signed  by  the voters and by the circulator thereof, and not
 5    photocopies or duplicates of such sheets.  Each petition must
 6    include as a part thereof, a statement of candidacy for  each
 7    of  the candidates filing, or in whose behalf the petition is
 8    filed. This statement shall  set  out  the  address  of  such
 9    candidate,  the  office  for  which  he is a candidate, shall
10    state that the candidate is a qualified primary voter of  the
11    party  to which the petition relates and is qualified for the
12    office specified (in the case  of  a  candidate  for  State's
13    Attorney  it shall state that the candidate is at the time of
14    filing such statement  a  licensed  attorney-at-law  of  this
15    State),  shall  state  that he has filed (or will file before
16    the close of the  petition  filing  period)  a  statement  of
17    economic  interests  as required by the Illinois Governmental
18    Ethics Act, shall request that the candidate's name be placed
19    upon the official ballot, and shall be subscribed  and  sworn
20    to  by  such candidate before some officer authorized to take
21    acknowledgment  of  deeds  in  the  State  and  shall  be  in
22    substantially the following form:
23                       Statement of Candidacy
24       Name      Address       Office      District      Party
25    John Jones  102 Main St.  Governor    Statewide    Republican
26                Belvidere,
27                 Illinois

28    State of Illinois)
29                     ) ss.
30    County of .......)
31        I, ...., being first duly sworn, say  that  I  reside  at
32    ....  Street  in the city (or village) of ...., in the county
33    of ...., State of Illinois;  that  I  am  a  qualified  voter
34    therein  and  am a qualified primary voter of the .... party;
 
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 1    that I am a candidate for nomination  (for  election  in  the
 2    case  of  committeeman and delegates and alternate delegates)
 3    to the office of  ....  to  be  voted  upon  at  the  primary
 4    election  to  be held on (insert date); the .... day of ....,
 5    ....; that I am legally qualified (including being the holder
 6    of any license that may be an eligibility requirement for the
 7    office I seek the nomination for) to  hold  such  office  and
 8    that  I  have  filed  (or I will file before the close of the
 9    petition filing period) a statement of economic interests  as
10    required by the Illinois Governmental Ethics Act and I hereby
11    request  that  my  name  be printed upon the official primary
12    ballot for nomination for (or election  to  in  the  case  of
13    committeemen  and  delegates  and  alternate  delegates) such
14    office.
15                                    Signed ......................
16        Subscribed and sworn to (or affirmed) before me by  ....,
17    who  is  to  me personally known, on (insert date). this ....
18    day of ....,  19...
19                                      Signed ....................
20                        (Official Character)
21    (Seal, if officer has one.)

22        The petitions, when filed,  shall  not  be  withdrawn  or
23    added  to,  and  no  signatures  shall  be  revoked except by
24    revocation  filed  in  writing  with  the  State   Board   of
25    Elections, election authority or local election official with
26    whom  the  petition  is  required to be filed, and before the
27    filing of such petition.  Whoever forges the name of a signer
28    upon any petition required by this Article is  deemed  guilty
29    of  a  forgery  and  on  conviction thereof shall be punished
30    accordingly.
31        Petitions of candidates for nomination for offices herein
32    specified, to be filed with the same officer, may contain the
33    names of 2 or more candidates of the same political party for
34    the same or different offices.
 
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 1        Such petitions for nominations shall be signed:
 2             (a)  If for a  State  office,  or  for  delegate  or
 3        alternate  delegate to be elected from the State at large
 4        to a National nominating  convention  by  not  less  than
 5        5,000 nor more than 10,000 primary electors of his party.
 6             (b)  If  for a congressional officer or for delegate
 7        or alternate delegate to be elected from a  congressional
 8        district  to a national nominating convention by at least
 9        .5% of the qualified primary electors of his party in his
10        congressional district, except that for the first primary
11        following a redistricting of congressional districts such
12        petitions shall be  signed  by  at  least  600  qualified
13        primary   electors   of  the  candidate's  party  in  his
14        congressional district.
15             (c)  If for a county office (including county  board
16        member  and  chairman  of  the county board where elected
17        from the county  at  large),  by  at  least  .5%  of  the
18        qualified   electors  of  his  party  cast  at  the  last
19        preceding general election in his  county.   However,  if
20        for  the  nomination  for  county  commissioner  of  Cook
21        County,  then  by  at  least .5% of the qualified primary
22        electors of his or her party in his or her county in  the
23        district  or division in which such person is a candidate
24        for nomination; and if for county  board  member  from  a
25        county  board  district,  then  by  at  least  .5% of the
26        qualified primary electors of his  party  in  the  county
27        board  district.   In  the case of an election for county
28        board member to be elected from a district, for the first
29        primary  following  a  redistricting  of   county   board
30        districts  or  the  initial establishment of county board
31        districts, then by at least .5% of the qualified electors
32        of his party in the entire county at the  last  preceding
33        general  election,  divided by the number of county board
34        districts, but in any event not less  than  25  qualified
 
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 1        primary electors of his party in the district.
 2             (d)  If  for  a  municipal  or township office by at
 3        least .5% of the qualified primary electors of his  party
 4        in  the  municipality or township; if for alderman, by at
 5        least .5% of the voters of his party of his ward.  In the
 6        case  of  an  election  for  alderman  or  trustee  of  a
 7        municipality to be elected from a ward or  district,  for
 8        the  first  primary  following  a  redistricting  or  the
 9        initial  establishment of wards or districts, then by .5%
10        of the total number of votes cast for  the  candidate  of
11        such  political  party who received the highest number of
12        votes in the entire  municipality  at  the  last  regular
13        election  at  which an officer was regularly scheduled to
14        be elected from the entire municipality, divided  by  the
15        number  of  wards or districts, but in any event not less
16        than 25 qualified primary electors of his  party  in  the
17        ward or district.
18             (e)  If  for State central committeeman, by at least
19        100 of the primary electors of his or her party of his or
20        her congressional district.
21             (f)  If for a candidate for trustee  of  a  sanitary
22        district in which trustees are not elected from wards, by
23        at  least  .5% of the primary electors of his party, from
24        such sanitary district.
25             (g)  If for a candidate for trustee  of  a  sanitary
26        district in which the trustees are elected from wards, by
27        at  least .5% of the primary electors of his party in his
28        ward of such sanitary district, except that for the first
29        primary following a reapportionment of the district  such
30        petitions  shall  be  signed  by  at  least 150 qualified
31        primary electors of the candidate's ward of such sanitary
32        district.
33             (h)  If for a candidate for judicial office,  by  at
34        least  500  qualified  primary  electors  of  his  or her
 
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 1        judicial district, circuit, or subcircuit,  as  the  case
 2        may be.
 3             (i)  If  for  a candidate for precinct committeeman,
 4        by at least 10 primary electors of his or  her  party  of
 5        his  or  her  precinct;  if  for  a  candidate  for  ward
 6        committeeman,  by not less than 10% nor more than 16% (or
 7        50 more than the minimum, whichever is  greater)  of  the
 8        primary  electors  of  his  party  of  his ward; if for a
 9        candidate for township committeeman, by not less than  5%
10        nor  more than 8% (or 50 more than the minimum, whichever
11        is greater) of the primary electors of his party  in  his
12        township or part of a township as the case may be.
13             (j)  If  for  a  candidate  for  State's Attorney or
14        Regional Superintendent of Schools to  serve  2  or  more
15        counties,  by at least .5% of the primary electors of his
16        party in the territory comprising such counties.
17             (k)  If for any other office by at least .5% of  the
18        total  number  of  registered  voters  of  the  political
19        subdivision,   district   or   division   for  which  the
20        nomination is made or  a  minimum  of  25,  whichever  is
21        greater.
22        For  the  purposes  of this Section the number of primary
23    electors shall be determined by taking the total  vote  cast,
24    in  the  applicable  district,  for  the  candidate  for such
25    political party who received the  highest  number  of  votes,
26    state-wide,  at  the  last  general  election in the State at
27    which electors  for  President  of  the  United  States  were
28    elected.  For  political  subdivisions, the number of primary
29    electors shall be determined by taking the  total  vote  cast
30    for  the  candidate for such political party who received the
31    highest number of votes in such political subdivision at  the
32    last  regular  election  at  which  an  officer was regularly
33    scheduled to be elected from that subdivision.  For wards  or
34    districts  of  political  subdivisions, the number of primary
 
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 1    electors shall be determined by taking the  total  vote  cast
 2    for  the  candidate for such political party who received the
 3    highest number of votes in such ward or district at the  last
 4    regular  election at which an officer was regularly scheduled
 5    to be elected from that ward or district.
 6        A "qualified primary elector" of a  party  may  not  sign
 7    petitions  for  or be a candidate in the primary of more than
 8    one party.
 9    (Source: P.A. 87-1052; 88-89; revised 1-26-99.)

10        (10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
11        Sec. 8-8.  Form of petition for nomination. The  name  of
12    no candidate for nomination shall be printed upon the primary
13    ballot unless a petition for nomination shall have been filed
14    in  his  behalf  as  provided  for in this Section. Each such
15    petition shall include as a part thereof the oath required by
16    Section 7-10.1 of this Act and a statement  of  candidacy  by
17    the  candidate  filing  or  in  whose  behalf the petition is
18    filed. This statement shall  set  out  the  address  of  such
19    candidate,  the  office  for  which  he is a candidate, shall
20    state that the candidate is a qualified primary voter of  the
21    party  to  which  the  petition relates, is qualified for the
22    office specified  and  has  filed  a  statement  of  economic
23    interests  as  required  by  the Illinois Governmental Ethics
24    Act, shall request that the candidate's name be  placed  upon
25    the official ballot and shall be subscribed and sworn by such
26    candidate    before   some   officer   authorized   to   take
27    acknowledgment  of  deeds  in  this  State  and  may  be   in
28    substantially the following form:
29    State of Illinois)
30                     ) ss.
31    County ..........)
32        I,  ....,  being  first  duly sworn, say that I reside at
33    .... street in the city (or village of) .... in the county of
 
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 1    .... State of Illinois; that I am a qualified  voter  therein
 2    and  am  a qualified primary voter of .... party; that I am a
 3    candidate for nomination to the office of ....  to  be  voted
 4    upon at the primary election to be held on (insert date); the
 5    ....  day  of ...., 19..; that I am legally qualified to hold
 6    such office and that I have filed  a  statement  of  economic
 7    interests as required by the Illinois Governmental Ethics Act
 8    and  I  hereby  request  that  my  name  be  printed upon the
 9    official primary ballot for nomination for such office.
10                                      Signed ....................
11        Subscribed and sworn to (or affirmed) before me by  ....,
12    who  is  to  me personally known, on (insert date). this ....
13    day of .... 19...
14                  Signed .... (Official Character)
15                     (Seal if officer has one.)
16        All petitions for nomination  for  the  office  of  State
17    Senator  shall  be signed by 1% or 600, whichever is greater,
18    of the qualified primary electors of the candidate's party in
19    his legislative district, except that for the  first  primary
20    following  a  redistricting  of  legislative  districts, such
21    petitions shall be signed by at least 600  qualified  primary
22    electors   of   the  candidate's  party  in  his  legislative
23    district.
24        All  petitions  for  nomination   for   the   office   of
25    Representative  in the General Assembly shall be signed by at
26    least 1% or 300,  whichever  is  greater,  of  the  qualified
27    primary  electors  of  the  candidate's  party  in his or her
28    representative district, except that for  the  first  primary
29    following  a  redistricting  of representative districts such
30    petitions shall be signed by at least 300  qualified  primary
31    electors   of   the   candidate's   party   in   his  or  her
32    representative district.
33        Opposite the signature of each qualified primary  elector
34    who  signs  a petition for nomination for the office of State
 
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 1    Representative or  State  Senator  such  elector's  residence
 2    address  shall  be written or printed.  The residence address
 3    required to be written or  printed  opposite  each  qualified
 4    primary  elector's  name  shall include the street address or
 5    rural route number of the signer, as the case may be, as well
 6    as the signer's county and city, village or town.
 7        For the purposes of this Section, the number  of  primary
 8    electors  shall  be determined by taking the total vote cast,
 9    in the  applicable  district,  for  the  candidate  for  such
10    political  party  who  received  the highest number of votes,
11    state-wide, at the last general  election  in  the  State  at
12    which  electors  for  President  of  the  United  States were
13    elected.
14        A "qualified primary elector" of a  party  may  not  sign
15    petitions  for  or be a candidate in the primary of more than
16    one party.
17        In the  affidavit  at  the  bottom  of  each  sheet,  the
18    petition  circulator,  who shall have been a registered voter
19    at all times he or she circulated the petition,  shall  state
20    his street address or rural route number, as the case may be,
21    as well as his county and city, village or town.
22        In  the  affidavit  at the bottom of each petition sheet,
23    the petition circulator shall either (1) indicate  the  dates
24    on which he or she circulated that sheet, or (2) indicate the
25    first  and  last  dates on which the sheet was circulated, or
26    (3) certify that none of the signatures  on  the  sheet  were
27    signed  more  than  90  days  preceding  the last day for the
28    filing  of  the  petition.   No  petition  sheet   shall   be
29    circulated  more than 90 days preceding the last day provided
30    in Section 8-9 for the filing of such petition.
31        All petition sheets which are filed with the State  Board
32    of  Elections  shall  be  the original sheets which have been
33    signed  by  the  voters  and  by  the  circulator,  and   not
34    photocopies or duplicates of such sheets.
 
SB933 Enrolled             -15-                LRB9105846PTpk
 1        The  person circulating the petition, or the candidate on
 2    whose behalf the  petition  is  circulated,  may  strike  any
 3    signature from the petition, provided that:;
 4             (1)  the person striking the signature shall initial
 5        the  petition at the place where the signature is struck;
 6        and
 7             (2)  the person striking the signature shall sign  a
 8        certification  listing the page number and line number of
 9        each  signature   struck   from   the   petition.    Such
10        certification shall be filed as a part of the petition.
11    (Source: P.A.  86-867;  86-875;  86-1028;  86-1348;  87-1052;
12    revised 10-20-98.)

13        (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
14        Sec.   10-4.  Form   of   petition  for  nomination.  All
15    petitions for nomination under this Article 10 for candidates
16    for public office in this State, shall in addition  to  other
17    requirements  provided by law, be as follows:  Such petitions
18    shall consist of sheets of uniform size and each sheet  shall
19    contain,  above  the  space  for  signature,  an  appropriate
20    heading,  giving  the  information as to name of candidate or
21    candidates in whose  behalf  such  petition  is  signed;  the
22    office;  the  party;  place  of  residence;  and  such  other
23    information  or  wording  as required to make same valid, and
24    the heading of each sheet shall be the same.   Such  petition
25    shall  be  signed by the qualified voters in their own proper
26    persons only, and opposite the signature of each  signer  his
27    residence address shall be written or printed.  The residence
28    address  required  to  be  written  or  printed opposite each
29    qualified primary elector's name  shall  include  the  street
30    address  or rural route number of the signer, as the case may
31    be, as well as the signer's county, and city, village or town
32    , and state.  However, the county or city, village  or  town,
33    and state of residence of such electors may be printed on the
 
SB933 Enrolled             -16-                LRB9105846PTpk
 1    petition  forms  where  all  of the such electors signing the
 2    petition reside in the same county or city, village or  town,
 3    and state.  Standard abbreviations may be used in writing the
 4    residence  address,  including  street  number,  if  any.  No
 5    signature shall be valid or be  counted  in  considering  the
 6    validity   or   sufficiency   of  such  petition  unless  the
 7    requirements of this Section are complied with. At the bottom
 8    of each sheet of such petition shall be  added  a  statement,
 9    signed  by  a registered voter of the political division, who
10    has been a registered voter at all times he or she circulated
11    the petition, for which the candidate or candidates shall  be
12    nominated;  stating  the street address or rural route number
13    of the voter, as the case may be,  as  well  as  the  voter's
14    county,  and city, village or town, and state certifying that
15    the signatures on that sheet of the petition were  signed  in
16    his presence; certifying that the signatures are genuine; and
17    either  (1)  indicating  the  dates  on  which that sheet was
18    circulated, or (2) indicating the first  and  last  dates  on
19    which  the  sheet was circulated, or (3) certifying that none
20    of the signatures on the sheet were signed more than 90  days
21    preceding  the  last  day  for the filing of the petition, or
22    more than 45 days preceding the last day for  filing  of  the
23    petition  in  the  case  of  political  party and independent
24    candidates    for    single    or    multi-county    regional
25    superintendents  of  schools  in  the  1994  general  primary
26    election; and certifying that to the best  of  his  knowledge
27    and belief the persons so signing were at the time of signing
28    the  petition duly registered voters under Articles 4, 5 or 6
29    of the Code of the  political  subdivision  or  district  for
30    which  the  candidate  or  candidates shall be nominated, and
31    certifying that their  respective  residences  are  correctly
32    stated therein.  Such statement shall be sworn to before some
33    officer  authorized  to  administer  oaths in this State.  No
34    petition  sheet  shall  be  circulated  more  than  90   days
 
SB933 Enrolled             -17-                LRB9105846PTpk
 1    preceding  the  last  day  provided  in  Section 10-6 for the
 2    filing of such petition, or more than 45 days  preceding  the
 3    last  day for filing of the petition in the case of political
 4    party and independent candidates for single  or  multi-county
 5    regional  superintendents  of  schools  in  the  1994 general
 6    primary election. Such sheets, before being presented to  the
 7    electoral  board  or  filed  with  the  proper officer of the
 8    electoral district or division of the state or  municipality,
 9    as the case may be, shall be neatly fastened together in book
10    form,  by  placing  the  sheets  in a pile and fastening them
11    together at one edge in a secure and suitable manner, and the
12    sheets shall then  be  numbered  consecutively.   The  sheets
13    shall not be fastened by pasting them together end to end, so
14    as  to  form a continuous strip or roll.  All petition sheets
15    which are filed with the  proper  local  election  officials,
16    election authorities or the State Board of Elections shall be
17    the  original sheets which have been signed by the voters and
18    by the circulator, and not photocopies or duplicates of  such
19    sheets.   A  petition,  when presented or filed, shall not be
20    withdrawn, altered, or added to, and no  signature  shall  be
21    revoked  except  by  revocation in writing presented or filed
22    with the officers  or  officer  with  whom  the  petition  is
23    required to be presented or filed, and before the presentment
24    or  filing  of  such  petition.  Whoever forges any name of a
25    signer upon any petition shall be deemed guilty of a forgery,
26    and on conviction thereof,  shall  be  punished  accordingly.
27    The  word  "petition"  or  "petition for nomination", as used
28    herein, shall mean what  is  sometimes  known  as  nomination
29    papers,  in  distinction to what is known as a certificate of
30    nomination. The  words  "political  division  for  which  the
31    candidate  is  nominated",  or its equivalent, shall mean the
32    largest political division in which all qualified voters  may
33    vote  upon  such candidate or candidates, as the state in the
34    case of state officers; the township in the case of  township
 
SB933 Enrolled             -18-                LRB9105846PTpk
 1    officers  et  cetera. Provided, further, that no person shall
 2    circulate or certify petitions for candidates  of  more  than
 3    one  political  party,  or  for  an  independent candidate or
 4    candidates in addition to one political party,  to  be  voted
 5    upon  at  the  next  primary or general election, or for such
 6    candidates and parties with respect  to  the  same  political
 7    subdivision at the next consolidated election.
 8    (Source: P.A. 87-1052; 88-89.)

 9        (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
10        Sec.   12-5.   Notice  for  public  questions.   For  all
11    elections held after July 1, 1999, notice of public questions
12    shall be required only as set forth  in  this  Section.   Not
13    more  than 30 days nor less than 10 days before the date of a
14    regular  election  at  which  a  public  question  is  to  be
15    submitted to  the  voters  of  a  political  or  governmental
16    subdivision,  and  at  least  20  days  before  an  emergency
17    referendum,  the  election  authority shall publish notice of
18    the referendum.  The notice shall  be  published  once  in  a
19    local,  community newspaper having general circulation in the
20    political or governmental subdivision.  The notice shall also
21    be given at least 10 days before the date of the election  by
22    posting  a  copy of the notice at the principal office of the
23    election authority.  The local election official  shall  also
24    post  a  copy  of  the  notice at the principal office of the
25    political or governmental subdivision,  or  if  there  is  no
26    principal  office at the building in which the governing body
27    of the political or governmental subdivision held  its  first
28    meeting of the calendar year in which the referendum is being
29    held.    The   election   authority   and  the  political  or
30    governmental subdivision may, but are not required  to,  post
31    the notice electronically on their World Wide Web pages.  The
32    notice,  which  shall  appear  over  the name or title of the
33    election authority, shall be substantially in  the  following
 
SB933 Enrolled             -19-                LRB9105846PTpk
 1    form:
 2             NOTICE  IS  HEREBY  GIVEN that at the election to be
 3        held on  (insert  day  of  the  week),  (insert  date  of
 4        election), the following proposition will be submitted to
 5        the   voters   of  (name  of  political  or  governmental
 6        subdivision):
 7        (insert the public question as  it  will  appear  on  the
 8        ballot)
 9             The  polls  at  the  election  will  be open at 6:00
10        o'clock A.M. and will continue  to  be  open  until  7:00
11        o'clock P.M. of that day.
12             Dated (date of notice)
13                        (Name or title of the election authority)
14    The  notice  shall  also  include  any additional information
15    required by the statute authorizing the public question.  The
16    notice shall set forth the precincts and  polling  places  at
17    which  the  referendum  will be conducted only in the case of
18    emergency referenda.
19        Not more than 30 nor less than 10 days prior to the  date
20    of  a  regular  election  at which a public question is to be
21    submitted to the voters of a political  subdivision,  and  at
22    least  20 days prior to an emergency referendum, the election
23    authority  shall  publish  notice  of  the  referendum.   The
24    publication requirements shall be as provided in Section 12-4
25    for  notice  of  election  of  officers  of   the   political
26    subdivision.   However,  notice of a referendum shall include
27    the public question as it will appear on the ballot  and  any
28    additional  information  required  by the statute authorizing
29    the  public  question.   Such  notice  shall  enumerate   the
30    precincts  and polling places at which the referendum will be
31    conducted only in the case of emergency referenda.
32    (Source: P.A. 81-963.)

33        (10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
 
SB933 Enrolled             -20-                LRB9105846PTpk
 1        Sec.  28-3.  Form  of  petition  for   public   question.
 2    Petitions  for  the  submission  of  public  questions  shall
 3    consist  of  sheets  of  uniform  size  and  each sheet shall
 4    contain,  above  the  space  for  signature,  an  appropriate
 5    heading, giving the information as to the question of  public
 6    policy  to be submitted, and specifying the state at large or
 7    the  political  subdivision  or  district  or   precinct   or
 8    combination of precincts or other territory in which it is to
 9    be  submitted  and,  where by law the public question must be
10    submitted at a particular election, the election at which  it
11    is  to  be  submitted.  In  the  case  of  a petition for the
12    submission of a public question described in  subsection  (b)
13    of  Section  28-6, the heading shall also specify the regular
14    election at which the question is to be submitted and include
15    the precincts included in the territory concerning which  the
16    public  question  is  to  be  submitted,  as well as a common
17    description of such territory in plain and nonlegal language,
18    such description to describe the territory  by  reference  to
19    streets,  natural  or  artificial landmarks, addresses or any
20    other method which would enable a voter signing the  petition
21    to be informed of the territory concerning which the question
22    is  to  be submitted.  The heading of each sheet shall be the
23    same. Such petition shall be signed by the registered  voters
24    of  the  political  subdivision  or  district  or precinct or
25    combination of precincts in  which  the  question  of  public
26    policy  is  to be submitted in their own proper persons only,
27    and opposite the  signature  of  each  signer  his  residence
28    address  shall be written or printed, which residence address
29    shall include the street address or rural route number of the
30    signer, as the case may be, as well as the  signer's  county,
31    and  city,  village  or  town,  and  state; provided that the
32    county or city, village or town, and state  of  residence  of
33    such  electors may be printed on the petition forms where all
34    of the such electors signing the petition reside in the  same
 
SB933 Enrolled             -21-                LRB9105846PTpk
 1    county  or  city,  village  or  town,  and  state.   Standard
 2    abbreviations  may  be used in writing the residence address,
 3    including street number, if any. No signature shall be  valid
 4    or  be  counted in considering the validity or sufficiency of
 5    such petition unless the requirements  of  this  Section  are
 6    complied with.
 7        At  the  bottom  of  each sheet of such petition shall be
 8    added a statement, signed by a registered voter, who has been
 9    a registered voter at all times  he  or  she  circulated  the
10    petition,   of  the  political  subdivision  or  district  or
11    precinct or combination of precincts in which the question of
12    public policy is to be submitted, stating the street  address
13    or  rural  route  number of the voter, as the case may be, as
14    well as the voter's county, and city, village  or  town,  and
15    state  certifying  that  the  signatures on that sheet of the
16    petition were signed in his presence  and  are  genuine,  and
17    that  to  the best of his knowledge and belief the persons so
18    signing were at the time of signing the  petition  registered
19    voters  of  the political subdivision or district or precinct
20    or combination of precincts in which the question  of  public
21    policy   is   to  be  submitted  and  that  their  respective
22    residences are correctly stated therein. Such statement shall
23    be sworn to before  some  officer  authorized  to  administer
24    oaths in this State.
25        Such  sheets,  before being filed with the proper officer
26    or board shall be bound securely and numbered  consecutively.
27    The sheets shall not be fastened by pasting them together end
28    to  end,  so  as  to  form  a  continuous strip or roll.  All
29    petition  sheets  which  are  filed  with  the  proper  local
30    election officials, election authorities or the  State  Board
31    of  Elections  shall  be  the original sheets which have been
32    signed  by  the  voters  and  by  the  circulator,  and   not
33    photocopies  or  duplicates of such sheets.  A petition, when
34    presented or filed, shall not be withdrawn, altered, or added
 
SB933 Enrolled             -22-                LRB9105846PTpk
 1    to, and no signature shall be revoked except by revocation in
 2    writing presented or filed with the  board  or  officer  with
 3    whom  the  petition is required to be presented or filed, and
 4    before the presentment or filing of such petition, except  as
 5    may  otherwise be provided in another statute which authorize
 6    the public question. Whoever forges any name of a signer upon
 7    any petition shall be deemed guilty  of  a  forgery,  and  on
 8    conviction thereof, shall be punished accordingly.
 9        In  addition  to  the  foregoing requirements, a petition
10    proposing an amendment to  Article  IV  of  the  Constitution
11    pursuant to Section 3 of Article XIV of the Constitution or a
12    petition   proposing  a  question  of  public  policy  to  be
13    submitted to the voters of  the  entire  State  shall  be  in
14    conformity  with  the  requirements  of  Section 28-9 of this
15    Article.
16        If multiple sets of petitions for submission of the  same
17    public  questions  are  filed,  the State Board of Elections,
18    appropriate election authority  or  local  election  official
19    where  the  petitions  are filed shall within 2 business days
20    notify the proponent of his or her multiple petition  filings
21    and  that  proponent has 3 business days after receipt of the
22    notice to notify the State Board  of  Elections,  appropriate
23    election  authority or local election official that he or she
24    may cancel  prior  sets  of  petitions.    If  the  proponent
25    notifies  the  State Board of Elections, appropriate election
26    authority  or  local  election  official,  the  last  set  of
27    petitions filed shall be the only petitions to be  considered
28    valid  by  the State Board of Elections, appropriate election
29    authority or local election official.  If the proponent fails
30    to notify the State Board of Elections, appropriate  election
31    authority  or local election official then only the first set
32    of  petitions  filed  shall  be  valid  and  all   subsequent
33    petitions shall be void.
34    (Source: P.A. 86-867; 87-1052.)
 
SB933 Enrolled             -23-                LRB9105846PTpk
 1        Section  15.   The  Local  Government  Debt Reform Act is
 2    amended by changing Section 15 as follows:

 3        (30 ILCS 350/15) (from Ch. 17, par. 6915)
 4        Sec. 15.  Double-barrelled bonds.  Whenever revenue bonds
 5    have been authorized to be issued pursuant to applicable  law
 6    or  whenever  there  exists for a governmental unit a revenue
 7    source, the procedures set forth in this Section may be  used
 8    by  a governing body.  General obligation bonds may be issued
 9    in lieu of such revenue  bonds  as  authorized,  and  general
10    obligation  bonds  may  be  issued  payable  from any revenue
11    source.  Such general obligation bonds may be referred to  as
12    "alternate bonds".  Alternate bonds may be issued without any
13    referendum  or backdoor referendum except as provided in this
14    Section, upon the terms provided in Section 10  of  this  Act
15    without  reference  to other provisions of law, but only upon
16    the conditions provided in  this  Section.   Alternate  bonds
17    shall  not  be  regarded as or included in any computation of
18    indebtedness for the purpose of any  statutory  provision  or
19    limitation except as expressly provided in this Section.
20        Such conditions are:
21        (a)  Alternate   bonds  shall  be  issued  for  a  lawful
22    corporate purpose.  If  issued  in  lieu  of  revenue  bonds,
23    alternate  bonds  shall  be issued for the purposes for which
24    such revenue bonds shall have  been  authorized.   If  issued
25    payable  from  a  revenue  source  in  the manner hereinafter
26    provided, which revenue source is limited in its purposes  or
27    applications,  then  the alternate bonds shall be issued only
28    for such limited purposes or applications.   Alternate  bonds
29    may  be  issued  payable  from  either enterprise revenues or
30    revenue sources, or both.
31        (b)  Alternate  bonds  shall  be  subject   to   backdoor
32    referendum.   The  provisions  of Section 5 of this Act shall
33    apply  to  such  backdoor  referendum,  together   with   the
 
SB933 Enrolled             -24-                LRB9105846PTpk
 1    provisions   hereof.   The  authorizing  ordinance  shall  be
 2    published in  a  newspaper  of  general  circulation  in  the
 3    governmental  unit.  Along with or as part of the authorizing
 4    ordinance, there shall be  published  a  notice  of  (1)  the
 5    specific  number  of  voters  required  to  sign  a  petition
 6    requesting  that  the  issuance  of  the  alternate  bonds be
 7    submitted to referendum, (2) the time when such petition must
 8    be filed, (3) the date of  the  prospective  referendum,  and
 9    (4),  with  respect  to  authorizing ordinances adopted on or
10    after January  1,  1991,  a  statement  that  identifies  any
11    revenue  source that will be used to pay the principal of and
12    interest on the alternate bonds.  The clerk or  secretary  of
13    the governmental unit shall make a petition form available to
14    anyone  requesting  one.   If  no  petition is filed with the
15    clerk or secretary within  30  days  of  publication  of  the
16    authorizing  ordinance  and notice, the alternate bonds shall
17    be authorized to be issued.   But  if  within  this  30  days
18    period,  a  petition  is  filed  with such clerk or secretary
19    signed by electors numbering the greater of (i) 7.5%  of  the
20    registered  voters  in  the  governmental unit or (ii) 200 of
21    those registered voters or 15% of  those  registered  voters,
22    whichever is less, asking that the issuance of such alternate
23    bonds  be  submitted  to  referendum,  the clerk or secretary
24    shall certify such question for  submission  at  an  election
25    held  in  accordance  with  the  general  election  law.  The
26    question  on  the  ballot  shall  include  a statement of any
27    revenue source that will be used to pay the principal of  and
28    interest on the alternate bonds. The alternate bonds shall be
29    authorized  to  be  issued if a majority of the votes cast on
30    the question at such election are in favor  thereof  provided
31    that   notice  of  the  bond  referendum,  if  heretofore  or
32    hereafter held before July 1, 1999,  has  been  or  shall  be
33    given  in  accordance  with the provisions of Section 12-5 of
34    the  Election  Code  in  effect  at  the  time  of  the  bond
 
SB933 Enrolled             -25-                LRB9105846PTpk
 1    referendum, at least 10 and not more than 45 days before  the
 2    date   of   the   election,   notwithstanding  the  time  for
 3    publication  otherwise  imposed  by  Section  12-5.   Notices
 4    required   in   connection  with  the  submission  of  public
 5    questions on or after July 1, 1999 shall be as set  forth  in
 6    Section  12-5  of  the  Election  Code.  Backdoor  referendum
 7    proceedings  for  bonds  and  alternate bonds to be issued in
 8    lieu of such bonds may be conducted at the same time.
 9        (c)  To the extent payable from enterprise revenues, such
10    revenues shall have been determined by the governing body  to
11    be  sufficient  to  provide  for or pay in each year to final
12    maturity of such alternate bonds all of the  following:   (1)
13    costs   of  operation  and  maintenance  of  the  utility  or
14    enterprise, but not including depreciation, (2) debt  service
15    on all outstanding revenue bonds payable from such enterprise
16    revenues,  (3)  all  amounts  required  to  meet  any fund or
17    account requirements with respect to such outstanding revenue
18    bonds, (4) other contractual or tort  liability  obligations,
19    if  any,  payable  from  such enterprise revenues, and (5) in
20    each year, an amount not less than 1.25 times debt service of
21    all (i) alternate bonds payable from such enterprise revenues
22    previously issued and outstanding and  (ii)  alternate  bonds
23    proposed  to  be  issued.   To the extent payable from one or
24    more revenue sources, such sources shall have been determined
25    by the governing body to provide in each year, an amount  not
26    less  than  1.25  times  debt  service of all alternate bonds
27    payable from  such  revenue  sources  previously  issued  and
28    outstanding  and  alternate bonds proposed to be issued.  The
29    conditions enumerated in this subsection (c) need not be  met
30    for  that  amount of debt service provided for by the setting
31    aside of proceeds of bonds or other moneys at the time of the
32    delivery of such bonds.
33        (d)  The determination of the sufficiency  of  enterprise
34    revenues  or  a  revenue  source,  as  applicable,  shall  be
 
SB933 Enrolled             -26-                LRB9105846PTpk
 1    supported  by  reference  to  the  most  recent  audit of the
 2    governmental unit, which shall be for a  fiscal  year  ending
 3    not  earlier  than 18 months previous to the time of issuance
 4    of the alternate bonds.  If such audit  does  not  adequately
 5    show   such   enterprise   revenues  or  revenue  source,  as
 6    applicable, or if such enterprise revenues or revenue source,
 7    as  applicable,  are  shown  to  be  insufficient,  then  the
 8    determination of sufficiency shall be supported by the report
 9    of an independent accountant or feasibility analyst having  a
10    national   reputation   for   expertise   in   such  matters,
11    demonstrating  the   sufficiency   of   such   revenues   and
12    explaining,  if  appropriate, by what means the revenues will
13    be greater  than  as  shown  in  the  audit.   Whenever  such
14    sufficiency  is  demonstrated  by  reference to a schedule of
15    higher rates or charges for enterprise revenues or  a  higher
16    tax  imposition  for  a  revenue  source,  such higher rates,
17    charges or taxes shall  have  been  properly  imposed  by  an
18    ordinance  adopted prior to the time of delivery of alternate
19    bonds.  The reference  to  and  acceptance  of  an  audit  or
20    report,  as  the  case  may  be, and the determination of the
21    governing body as to sufficiency of enterprise revenues or  a
22    revenue   source   shall  be  conclusive  evidence  that  the
23    conditions of  this  Section  have  been  met  and  that  the
24    alternate bonds are valid.
25        (e)  The   enterprise  revenues  or  revenue  source,  as
26    applicable, shall be in fact pledged to the  payment  of  the
27    alternate  bonds;  and  the governing body shall covenant, to
28    the extent it is empowered to do so, to provide for,  collect
29    and  apply  such  enterprise  revenues  or revenue source, as
30    applicable, to the payment of the  alternate  bonds  and  the
31    provision  of  not  less  than  an  additional .25 times debt
32    service.  The pledge and establishment of  rates  or  charges
33    for  enterprise  revenues,  or  the  imposition of taxes in a
34    given rate  or  amount,  as  provided  in  this  Section  for
 
SB933 Enrolled             -27-                LRB9105846PTpk
 1    alternate  bonds, shall constitute a continuing obligation of
 2    the governmental unit with respect to such  establishment  or
 3    imposition  and  a  continuing  appropriation  of the amounts
 4    received.  All covenants relating to alternate bonds and  the
 5    conditions  and  obligations  imposed  by  this  Section  are
 6    enforceable  by  any  bondholder of alternate bonds affected,
 7    any taxpayer of the governmental unit, and the People of  the
 8    State  of Illinois acting through the Attorney General or any
 9    designee, and in the event that any such action results in an
10    order finding that the governmental unit has not properly set
11    rates or charges  or  imposed  taxes  to  the  extent  it  is
12    empowered  to  do  so  or  collected  and  applied enterprise
13    revenues or any revenue source, as applicable, as required by
14    this Act, the plaintiff in any such action shall  be  awarded
15    reasonable   attorney's   fees.   The  intent  is  that  such
16    enterprise revenues or revenue source, as  applicable,  shall
17    be  sufficient  and  shall  be applied to the payment of debt
18    service on such alternate bonds so that  taxes  need  not  be
19    levied,  or if levied need not be extended, for such payment.
20    Nothing  in  this  Section  shall  inhibit  or  restrict  the
21    authority of a governing body to determine the lien  priority
22    of  any bonds, including alternate bonds, which may be issued
23    with respect to any enterprise revenues or revenue source.
24        In the event that alternate bonds shall have been  issued
25    and taxes, other than a designated revenue source, shall have
26    been  extended pursuant to the general obligation, full faith
27    and credit promise supporting such alternate bonds, then  the
28    amount  of  such  alternate  bonds  then outstanding shall be
29    included  in  the  computation   of   indebtedness   of   the
30    governmental unit for purposes of all statutory provisions or
31    limitations  until  such time as an audit of the governmental
32    unit shall show that the alternate bonds have been paid  from
33    the  enterprise  revenues  or  revenue source, as applicable,
34    pledged thereto for a complete fiscal year.
 
SB933 Enrolled             -28-                LRB9105846PTpk
 1        Alternate bonds may be issued to refund or advance refund
 2    alternate bonds without meeting any  of  the  conditions  set
 3    forth  in this Section, except that the term of the refunding
 4    bonds shall not be longer than the term of the refunded bonds
 5    and that  the  debt  service  payable  in  any  year  on  the
 6    refunding  bonds shall not exceed the debt service payable in
 7    such year on the refunded bonds.
 8        Once issued, alternate bonds shall be and forever  remain
 9    until   paid  or  defeased  the  general  obligation  of  the
10    governmental unit, for the payment of which  its  full  faith
11    and credit are pledged, and shall be payable from the levy of
12    taxes  as  is  provided  in  this  Act for general obligation
13    bonds.
14        The changes made by this amendatory Act of  1990  do  not
15    affect  the  validity of bonds authorized before September 1,
16    1990.
17    (Source: P.A. 90-812, eff. 1-26-99.)

18        Section 20.  The Property Tax Code is amended by changing
19    Sections 18-205 and 18-210 as follows:

20        (35 ILCS 200/18-205)
21        Sec.  18-205.   Referendum  to  increase  the   extension
22    limitation.   A  taxing  district  is limited to an extension
23    increase of 5% or the percentage  increase  in  the  Consumer
24    Price  Index  during the 12-month calendar year preceding the
25    levy year, whichever is less. A taxing district may  increase
26    its  extension  limitation  for  a  current levy year if that
27    taxing district holds a referendum before the  levy  date  at
28    which  a  majority  of  voters  voting  on the issue approves
29    adoption of a higher extension limitation.   Referenda  shall
30    be  conducted at a regularly scheduled election in accordance
31    with  the  Election  Code  provided  that   notice   of   the
32    referendum,  if  heretofore  or hereafter held before July 1,
 
SB933 Enrolled             -29-                LRB9105846PTpk
 1    1999, has been or shall  be  given  in  accordance  with  the
 2    provisions  of Section 12-5 of the Election Code in effect at
 3    the time of the bond referendum, at least  10  and  not  more
 4    than 45 days before the date of the election, notwithstanding
 5    the  time  for publication otherwise imposed by Section 12-5.
 6    Notices required in connection with the submission of  public
 7    questions  on  or after July 1, 1999 shall be as set forth in
 8    Section 12-5 of the Election  Code.  The  question  shall  be
 9    presented in substantially the following manner:
10    -------------------------------------------------------------
11        Shall the extension limitation
12    under the Property Tax Extension
13    Limitation Law for ...                       YES
14    (taxing district name) ... be increased
15    from ... (the lesser of 5% or the          ------------------
16    increase in the Consumer Price Index over
17    the prior levy year) ...% to ... (percentage      NO
18    of proposed increase) ...% for the ...
19    (levy year) ... levy year?
20    -------------------------------------------------------------
21    If  a  majority  of  voters  voting on the issue approves the
22    adoption of the increase, the increase  shall  be  applicable
23    for the levy year specified.
24    (Source: P.A. 90-812, eff. 1-26-99.)

25        (35 ILCS 200/18-210)
26        Sec. 18-210.  Establishing a new levy. Except as provided
27    in  Section 18-215, as it relates to a transfer of a service,
28    before a county clerk may extend taxes for funds  subject  to
29    the  limitations  of  this  Law,  a  new taxing district or a
30    taxing district with an  aggregate  extension  base  of  zero
31    shall  hold  a  referendum  establishing  a maximum aggregate
32    extension for the levy year. The maximum aggregate  extension
33    is established for the current levy year if a taxing district
 
SB933 Enrolled             -30-                LRB9105846PTpk
 1    has  held  a  referendum  before  the  levy date at which the
 2    majority voting on  the  issue  approves  its  adoption.  The
 3    referendum under this Section may be held at the same time as
 4    the  referendum  on  creating  a  new  taxing  district.  The
 5    question  shall  be  submitted  to  the voters at a regularly
 6    scheduled election  in  accordance  with  the  Election  Code
 7    provided   that   notice  of  referendum,  if  heretofore  or
 8    hereafter held before July 1, 1999,  has  been  or  shall  be
 9    given  in  accordance  with the provisions of Section 12-5 of
10    the  Election  Code  in  effect  at  the  time  of  the  bond
11    referendum, at least 10 and not more than 45 days before  the
12    date   of   the   election,   notwithstanding  the  time  for
13    publication  otherwise  imposed  by  Section  12-5.   Notices
14    required   in   connection  with  the  submission  of  public
15    questions on or after July 1, 1999 shall be as set  forth  in
16    Section  12-5  of  the  Election  Code. The question shall be
17    submitted in substantially the following form:
18    -------------------------------------------------------------
19        Under the Property Tax Extension
20    Limitation Law, may an                      YES
21    aggregate extension not to exceed ...
22    (aggregate extension amount) ...        ---------------------
23    be made for the ... (taxing
24    district name) ... for the                  NO
25    ... (levy year) ... levy year?
26    -------------------------------------------------------------
27    If a majority of voters voting on the increase  approves  the
28    adoption  of  the aggregate extension, the extension shall be
29    effective for the levy year specified.
30    (Source: P.A. 90-812, eff. 1-26-99.)

31        Section 25.  The Illinois  Pension  Code  is  amended  by
32    changing Section 3-145 as follows:
 
SB933 Enrolled             -31-                LRB9105846PTpk
 1        (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
 2        Sec.  3-145.   Referendum  in  municipalities  less  than
 3    5,000.   This   Article   shall   not  be  effective  in  any
 4    municipality having a population of less  than  5,000  unless
 5    the  proposition  to  adopt  the  Article is submitted to and
 6    approved by the voters of  the  municipality  in  the  manner
 7    herein provided.
 8        Whenever  the  electors  of  the  municipality,  equal in
 9    number to 5% of the number of legal votes cast  at  the  last
10    preceding  general  municipal  election,  petition  the city,
11    village or town clerk to submit the proposition whether  that
12    municipality  shall  adopt  this Article, the officer to whom
13    the petition is addressed shall certify  the  proposition  to
14    the   proper   election   officials   who  shall  submit  the
15    proposition in accordance with the general election law at  a
16    regular  election in the municipality provided that notice of
17    the referendum, if heretofore or hereafter held  before  July
18    1,  1999,  has  been or shall be given in accordance with the
19    provisions of Section 12-5 of the Election Code in effect  at
20    the  time  of  the  bond referendum, at least 10 and not more
21    than 45 days before the date of the election, notwithstanding
22    the time for publication otherwise imposed by  Section  12-5.
23    Notices  required in connection with the submission of public
24    questions on or after July 1, 1999 shall be as set  forth  in
25    Section  12-5 of the Election Code. If the proposition is not
26    adopted at that election, it may be submitted in like  manner
27    at  any regular election thereafter. The proposition shall be
28    substantially in the following form:
29    -------------------------------------------------------------
30        Shall the city (or village or
31    incorporated town) of.... adopt           YES
32    Article 3 of the "Illinois Pension    -----------------------
33    Code", pertaining to the creation         NO
34    of a police pension fund?
 
SB933 Enrolled             -32-                LRB9105846PTpk
 1    -------------------------------------------------------------
 2    If a majority of the votes cast on the proposition is for the
 3    proposition, this Article is adopted in that municipality.
 4    (Source: P.A. 90-812, eff. 1-26-99.)

 5        Section 5.  The Illinois Municipal  Code  is  amended  by
 6    changing  Sections  3.1-25-20,  4-3-5,  and  8-4-1 and adding
 7    Section 3.1-20-45 as follows:

 8        (65 ILCS 5/3.1-20-45 new)
 9        Sec.    3.1-20-45.  Nonpartisan    primary     elections;
10    uncontested office.  A city incorporated under this Code that
11    elects  municipal officers at nonpartisan primary and general
12    elections shall conduct the  elections  as  provided  in  the
13    Election  Code, except that no office for which nomination is
14    uncontested shall be included on the primary  ballot  and  no
15    primary  shall  be held for that office.  For the purposes of
16    this Section, an office is uncontested when not more than two
17    persons to be nominated for each  office  have  timely  filed
18    valid  nominating  papers seeking nomination for the election
19    to that office.
20        Notwithstanding the preceding paragraph,  when  a  person
21    (i) who has not timely filed valid nomination papers and (ii)
22    who intends to become a write-in candidate for nomination for
23    any  office  for  which  nomination  is  uncontested  files a
24    written statement or notice of that intent  with  the  proper
25    election  official  with  whom the nomination papers for that
26    office are filed, a primary ballot must  be  prepared  and  a
27    primary must be held for the office.  The statement or notice
28    must   be  filed  on  or  before  the  61st  day  before  the
29    consolidated primary election. The statement must contain (i)
30    the name and address of the  person  intending  to  become  a
31    write-in  candidate, (ii) a statement that the person intends
32    to become a write-in candidate,  and  (iii)  the  office  the
 
SB933 Enrolled             -33-                LRB9105846PTpk
 1    person  is  seeking  as  a  write-in  candidate.  An election
 2    authority has no  duty  to  conduct  a  primary  election  or
 3    prepare  a  primary  ballot  unless  a  statement meeting the
 4    requirements of this paragraph is filed in a timely manner.

 5        (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
 6        Sec. 3.1-25-20.  Primary election. A village incorporated
 7    under this Code  shall  nominate  and  elect  candidates  for
 8    president  and  trustees  in  nonpartisan primary and general
 9    elections as provided in Sections 3.1-25-20 through 3.1-25-55
10    until the  electors  of  the  village  vote  to  require  the
11    partisan   election  of  the  president  and  trustees  at  a
12    referendum in the manner provided in Section 3.1-25-65  after
13    January 1, 1992. The provisions of Sections 3.1-25-20 through
14    3.1-25-55 shall apply to all villages incorporated under this
15    Code  that  have  operated  under  those Sections without the
16    adoption of those provisions by the  referendum  provided  in
17    Section 3.1-25-60 as well as those villages that have adopted
18    those  provisions  by  the  referendum  provided  in  Section
19    3.1-25-60  until  the  electors  of  those  villages  vote to
20    require the partisan election of the president  and  trustees
21    in  the  manner  provided in Section 3.1-25-65. Villages that
22    have nominated  and  elected  candidates  for  president  and
23    trustees  in partisan elections prior to January 1, 1992, may
24    continue to hold  partisan  elections  without  conducting  a
25    referendum  in  the manner provided in Section 3.1-25-65. All
26    candidates for nomination to be  voted  for  at  all  general
27    municipal  elections  at  which  a  president or trustees, or
28    both, are to be elected under this Article shall be nominated
29    from the village at large by a primary election, except  that
30    no  primary  shall be held where the names of not more than 2
31    persons are entitled to be printed on the primary  ballot  as
32    candidates for the nomination for each office to be filled at
33    an  election  at  which no other offices are to be filled and
 
SB933 Enrolled             -34-                LRB9105846PTpk
 1    those persons, having filed the statement  of  candidacy  and
 2    petition  required  by the general election law, shall be the
 3    candidates for office at the general municipal election.
 4        Notwithstanding any other provision of  law,  no  primary
 5    shall  be  held  in any village when the nomination for every
 6    office to be voted upon by the electors  of  the  village  is
 7    uncontested.   If the nomination of candidates is uncontested
 8    as to one or more, but not all, of the offices  to  be  voted
 9    upon  by  the electors of the village, then a primary must be
10    held in the village, provided that the primary  ballot  shall
11    not  include  those  offices  in  the  village  for which the
12    nomination is uncontested.  For the purposes of this Section,
13    an office is uncontested when not more  than  the  number  of
14    persons to be nominated to the office have timely filed valid
15    nominating  papers  seeking  nomination  for election to that
16    office.
17        Notwithstanding the preceding paragraph,  when  a  person
18    (i) who has not timely filed valid nomination papers and (ii)
19    who intends to become a write-in candidate for nomination for
20    any  office  for  which  nomination  is  uncontested  files a
21    written statement or notice of that intent  with  the  proper
22    election  official  with  whom the nomination papers for that
23    office are filed, a primary ballot must  be  prepared  and  a
24    primary must be held for the office.  The statement or notice
25    must   be  filed  on  or  before  the  61st  day  before  the
26    consolidated primary election.  The  statement  must  contain
27    (i)  the name and address of the person intending to become a
28    write-in candidate, (ii) a statement that the person  intends
29    to  become  a  write-in  candidate,  and (iii) the office the
30    person is seeking  as  a  write-in  candidate.   An  election
31    authority  has  no  duty  to  conduct  a  primary election or
32    prepare a primary  ballot  unless  a  statement  meeting  the
33    requirements of this paragraph is filed in a timely manner.
34        Only  the  names of those persons nominated in the manner
 
SB933 Enrolled             -35-                LRB9105846PTpk
 1    prescribed in Sections 3.1-25-20 through 3.1-25-65  shall  be
 2    placed  on  the ballot at the general municipal election. The
 3    village clerk shall certify the offices to be filled and  the
 4    candidates for those offices to the proper election authority
 5    as provided in the general election law.  A primary for those
 6    offices,  if  required,  shall be held in accordance with the
 7    general election law.
 8    (Source: P.A. 87-1119.)

 9        (65 ILCS 5/4-3-5) (from Ch. 24, par. 4-3-5)
10        Sec. 4-3-5. All candidates for nomination to be voted for
11    at all general municipal elections at which  a  mayor  and  4
12    commissioners  are  to be elected under this article shall be
13    nominated  from  the  municipality  at  large  by  a  primary
14    election, except that no primary  shall  be  held  where  the
15    names  of  not more than 2 persons are entitled to be printed
16    on the primary ballot as a candidate for the  nomination  for
17    each  office  to  be  filled at an election at which no other
18    offices are to be voted on and such persons, having filed the
19    statement of candidacy and petition required by  the  general
20    election  law  shall  be  the  candidates  for  office at the
21    general municipal election.
22        Notwithstanding any other provision of  law,  no  primary
23    shall  be  held  in  any municipality when the nomination for
24    every office  to  be  voted  upon  by  the  electors  of  the
25    municipality is uncontested.  If the nomination of candidates
26    is uncontested as to one or more, but not all, of the offices
27    to  be voted upon by the electors of the municipality, then a
28    primary must be held in the municipality, provided  that  the
29    primary  ballot  shall  not  include  those  offices  in  the
30    municipality  for  which  the nomination is uncontested.  For
31    the purposes of this Section, an office is  uncontested  when
32    not  more  than  the number of persons to be nominated to the
33    office have timely  filed  valid  nominating  papers  seeking
 
SB933 Enrolled             -36-                LRB9105846PTpk
 1    nomination for election to that office.
 2        Notwithstanding  the  preceding  paragraph, when a person
 3    (i) who has not timely filed valid nomination papers and (ii)
 4    who intends to become a write-in candidate for nomination for
 5    any office  for  which  nomination  is  uncontested  files  a
 6    written  statement  or  notice of that intent with the proper
 7    election official with whom the nomination  papers  for  that
 8    office  are  filed,  a  primary ballot must be prepared and a
 9    primary must be held for the office.  The statement or notice
10    must  be  filed  on  or  before  the  61st  day  before   the
11    consolidated  primary  election.   The statement must contain
12    (i) the name and address of the person intending to become  a
13    write-in  candidate, (ii) a statement that the person intends
14    to become a write-in candidate,  and  (iii)  the  office  the
15    person  is  seeking  as  a  write-in  candidate.  An election
16    authority has no  duty  to  conduct  a  primary  election  or
17    prepare  a  primary  ballot  unless  a  statement meeting the
18    requirements of this paragraph is filed in a timely manner.
19        Only the names of those persons nominated in  the  manner
20    prescribed in this article shall be placed upon the ballot at
21    the  general  municipal  election.  The municipal clerk shall
22    certify the offices to be filled and the candidates  therefor
23    to  the  proper election authority as provided in the general
24    election law.
25        A primary for such offices, if required, shall be held in
26    accordance with the provisions of the general election law.
27    (Source: P.A. 81-1490.)

28        (65 ILCS 5/8-4-1) (from Ch. 24, par. 8-4-1)
29        Sec. 8-4-1.  No bonds shall be issued  by  the  corporate
30    authorities   of  any  municipality  until  the  question  of
31    authorizing such bonds has been submitted to the electors  of
32    that   municipality   provided   that   notice  of  the  bond
33    referendum, if heretofore or hereafter held  before  July  1,
 
SB933 Enrolled             -37-                LRB9105846PTpk
 1    1999,  has  been  or  shall  be  given in accordance with the
 2    provisions of Section 12-5 of the Election Code in effect  at
 3    the  time  of  the  bond referendum, at least 10 and not more
 4    than 45 days before the date of the election, notwithstanding
 5    the time for publication otherwise imposed by  Section  12-5,
 6    and  approved  by a majority of the electors voting upon that
 7    question. Notices required in connection with the  submission
 8    of  public questions on or after July 1, 1999 shall be as set
 9    forth in Section 12-5 of the Election Code.  The clerk  shall
10    certify  the  proposition of the corporate authorities to the
11    proper election authority who shall submit the question at an
12    election in accordance with the general election law, subject
13    to the notice provisions set forth in this Section.
14        Notice of any such election shall contain the  amount  of
15    the bond issue, purpose for which issued, and maximum rate of
16    interest.
17        However,  without  the  submission  of  the  question  of
18    issuing  bonds  to the electors, the corporate authorities of
19    any municipality may authorize the issuance  of  any  of  the
20    following bonds:
21        (1)  Bonds to refund any existing bonded indebtedness;
22        (2)  Bonds  to  fund  or  refund  any  existing  judgment
23    indebtedness;
24        (3)  In any municipality of less than 500,000 population,
25    bonds to anticipate the collection of installments of special
26    assessments  and  special taxes against property owned by the
27    municipality and to anticipate the collection of  the  amount
28    apportioned  to  the  municipality  as  public benefits under
29    Article 9;
30        (4)  Bonds issued  by  any  municipality  under  Sections
31    8-4-15  through  8-4-23,  11-23-1  through  11-23-12, 11-25-1
32    through 11-26-6, 11-71-1 through 11-71-10, 11-74.4-1  through
33    11-74.4-11,  11-74.5-1  through  11-74.5-15,  11-94-1 through
34    11-94-7,  11-102-1  through  11-102-10,   11-103-11   through
 
SB933 Enrolled             -38-                LRB9105846PTpk
 1    11-103-15,   11-118-1   through  11-118-6,  11-119-1  through
 2    11-119-5,  11-129-1  through   11-129-7,   11-133-1   through
 3    11-133-4,   11-139-1   through  11-139-12,  11-141-1  through
 4    11-141-18 of this  Code  or  10-801  through  10-808  of  the
 5    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
10    provisions of Division 6  of  this  Article  8;  and  by  any
11    municipality  under  the  provisions  of  Division  7 of this
12    Article 8; or under the provisions of Sections  11-121-4  and
13    11-121-5;
14        (7)  Bonds  to pay for the purchase of voting machines by
15    any municipality that has adopted Article 24 of The  Election
16    Code, approved May 11, 1943, as amended;
17        (8)  Bonds  issued  by any municipality under Sections 15
18    and 46 of the "Environmental Protection Act",  approved  June
19    29, 1970;
20        (9)  Bonds  issued  by  the  corporate authorities of any
21    municipality under the provisions of Section 8-4-25  of  this
22    Article 8;
23        (10)  Bonds issued under Section 8-4-26 of this Article 8
24    by any municipality having a board of election commissioners;
25        (11)  Bonds  issued  under  the  provisions of "An Act to
26    provide the manner of  levying  or  imposing  taxes  for  the
27    provision  of special services to areas within the boundaries
28    of home  rule  units  and  nonhome  rule  municipalities  and
29    counties", approved September 21, 1973;
30        (12)  Bonds issued under Section 8-5-16 of this Code;
31        (13)  Bonds  to  finance  the  cost  of  the acquisition,
32    construction or improvement of water or wastewater  treatment
33    facilities  mandated  by  an  enforceable compliance schedule
34    developed in connection with the federal Clean Water Act or a
 
SB933 Enrolled             -39-                LRB9105846PTpk
 1    compliance order issued by the  United  States  Environmental
 2    Protection  Agency  or  the Illinois Pollution Control Board;
 3    provided that such  bonds  are  authorized  by  an  ordinance
 4    adopted   by   a   three-fifths  majority  of  the  corporate
 5    authorities of  the  municipality  issuing  the  bonds  which
 6    ordinance  shall specify that the construction or improvement
 7    of such facilities is necessary  to  alleviate  an  emergency
 8    condition in such municipality;
 9        (14)  Bonds   issued  by  any  municipality  pursuant  to
10    Section 11-113.1-1;
11        (15)  Bonds  issued  under  Sections  11-74.6-1   through
12    11-74.6-45, the Industrial Jobs Recovery Law of this Code.
13    (Source: P.A. 90-706, eff. 8-7-98; 90-812, eff. 1-26-99.)

14        Section  35.   The Public Library District Act of 1991 is
15    amended by changing Section 40-15 as follows:

16        (75 ILCS 16/40-15)
17        Sec. 40-15. Voter approval of bonds.
18        (a)  Bonds shall not  be  issued,  nor  the  special  tax
19    imposed,  until  the  proposition to issue the bonds has been
20    submitted to and approved by a majority of the voters of  the
21    district  voting  upon  the proposition at a regular election
22    provided that notice of the bond referendum, if heretofore or
23    hereafter held before July 1, 1999,  has  been  or  shall  be
24    given  in  accordance  with the provisions of Section 12-5 of
25    the  Election  Code  in  effect  at  the  time  of  the  bond
26    referendum, at least 10 and not more than 45 days before  the
27    date   of   the   election,   notwithstanding  the  time  for
28    publication  otherwise  imposed  by  Section  12-5.   Notices
29    required   in   connection  with  the  submission  of  public
30    questions on or after July 1, 1999 shall be as set  forth  in
31    Section  12-5  of  the  Election  Code.    The board shall by
32    ordinance designate the election at which the proposition  is
 
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 1    to  be  submitted  and  the  amount  of  the  bonds and their
 2    purpose. The board  shall  certify  the  proposition  to  the
 3    proper  election  authority, who shall submit the proposition
 4    in accordance with the Election Code, subject to  the  notice
 5    provisions set forth in this Section.
 6        (b)  The   proposition   to   issue  bonds  shall  be  in
 7    substantially the following form:
 8             Shall  the  bonds  of  (name   of   public   library
 9        district),   (location),   Illinois,  in  the  amount  of
10        $(amount) be issued for the purpose of (state one or more
11        purposes authorized in Section 40-5)?
12        (c)  When so authorized, the bonds shall be issued in the
13    name of the district, signed by the president and  secretary,
14    and  countersigned  by  the  treasurer,  with the seal of the
15    district affixed.
16    (Source: P.A. 90-812, eff. 1-26-99.)

17        Section 40.  The  School  Code  is  amended  by  changing
18    Section 19-3 as follows:

19        (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
20        Sec.  19-3.  Boards  of  education.   Any school district
21    governed by a board of education and having a  population  of
22    not  more  than  500,000  inhabitants,  and not governed by a
23    special Act may borrow money for  the  purpose  of  building,
24    equipping,   altering   or   repairing  school  buildings  or
25    purchasing  or  improving  school  sites,  or  acquiring  and
26    equipping playgrounds, recreation grounds,  athletic  fields,
27    and  other  buildings  or  land  used  or  useful  for school
28    purposes or for the purpose of purchasing  a  site,  with  or
29    without  a building or buildings thereon, or for the building
30    of a house or houses on such site, or for the building  of  a
31    house  or  houses  on the school site of the school district,
32    for residential purposes of the superintendent, principal, or
 
SB933 Enrolled             -41-                LRB9105846PTpk
 1    teachers of the school district,  and  issue  its  negotiable
 2    coupon  bonds  therefor signed by the president and secretary
 3    of the board, in denominations of not less than $100 nor more
 4    than $5,000, payable at such place and at such time or times,
 5    not exceeding 20 years from date of issuance, as the board of
 6    education may  prescribe, and bearing interest at a rate  not
 7    to   exceed   the   maximum   rate  authorized  by  the  Bond
 8    Authorization Act, as amended at the time of  the  making  of
 9    the  contract,  payable  annually, semiannually or quarterly,
10    but no such bonds shall be issued unless the  proposition  to
11    issue  them  is  submitted to the voters of the district at a
12    referendum held at a regularly scheduled election  after  the
13    board  has  certified  the proposition to the proper election
14    authorities in accordance with the general  election  law,  a
15    majority of all the votes cast on the proposition is in favor
16    of  the  proposition,  and notice of such bond referendum (if
17    heretofore or hereafter held at any general  or  consolidated
18    election)  has  been  given either (i) in accordance with the
19    second  paragraph  of  Section  12-1  of  the  Election  Code
20    irrespective of whether such notice included any reference to
21    the public question as it appeared on the ballot, or (ii) for
22    an election held on or after November 1, 1998, in  accordance
23    with   Section  12-5  of  the  Election  Code,  or  (iii)  by
24    publication of a true and legible copy of the specimen ballot
25    label containing the proposition in  the  form  in  which  it
26    appeared  or  will appear on the official ballot label on the
27    day of the election  at least 5 days before the  day  of  the
28    election  in at least one newspaper published in and having a
29    general circulation in each county in which the  district  is
30    located, irrespective of any other requirements of Article 12
31    or  Section  24A-18  of  the  Election  Code,  nor  shall any
32    residential site  be  acquired  unless  such  proposition  to
33    acquire  a site is submitted to the voters of the district at
34    a referendum held at a regularly scheduled election after the
 
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 1    board has certified the proposition to  the  proper  election
 2    authorities in accordance with the general election law and a
 3    majority of all the votes cast on the proposition is in favor
 4    of  the proposition.  Nothing in this Act or in any other law
 5    shall  be  construed  to  require  the  notice  of  the  bond
 6    referendum to be published over the  name  or  title  of  the
 7    election  authority  or  the listing of maturity dates of any
 8    bonds either in the notice of bond election or ballot used in
 9    the bond election. The provisions of this Section  concerning
10    notice  of  the  bond referendum apply only to elections held
11    before  July  1,  1999;  thereafter,  notices   required   in
12    connection  with  the submission of public questions shall be
13    as set forth in Section 12-5 of  the  Election  Code.    Such
14    proposition  may  be  initiated  by  resolution of the school
15    board.
16        With respect to instruments  for  the  payment  of  money
17    issued  under  this  Section  either before, on, or after the
18    effective date of this amendatory Act  of  1989,  it  is  and
19    always  has  been  the  intention of the General Assembly (i)
20    that  the  Omnibus  Bond  Acts  are  and  always  have   been
21    supplementary   grants  of  power  to  issue  instruments  in
22    accordance with the Omnibus  Bond  Acts,  regardless  of  any
23    provision  of  this Act that may appear to be or to have been
24    more restrictive than those Acts, (ii) that the provisions of
25    this Section  are  not  a  limitation  on  the  supplementary
26    authority  granted  by  the Omnibus Bond Acts, and (iii) that
27    instruments   issued   under   this   Section   within    the
28    supplementary  authority granted by the Omnibus Bond Acts are
29    not invalid because of any provision of  this  Act  that  may
30    appear  to  be  or  to  have been more restrictive than those
31    Acts.
32        The proceeds of any bonds issued under authority of  this
33    Section  shall  be  deposited  and  accounted  for separately
34    within the Site and Construction/Capital Improvements Fund.
 
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 1    (Source: P.A. 89-698, eff.  1-14-97;  90-811,  eff.  1-26-99;
 2    90-812, eff. 1-26-99.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.

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