Public Act 095-0030
 
SB0849 Enrolled LRB095 05576 NHT 25666 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Section
19-3 as follows:
 
    (105 ILCS 5/19-3)  (from Ch. 122, par. 19-3)
    Sec. 19-3. Boards of education. Any school district
governed by a board of education and having a population of not
more than 500,000 inhabitants, and not governed by a special
Act may borrow money for the purpose of building, equipping,
altering or repairing school buildings or purchasing or
improving school sites, or acquiring and equipping
playgrounds, recreation grounds, athletic fields, and other
buildings or land used or useful for school purposes or for the
purpose of purchasing a site, with or without a building or
buildings thereon, or for the building of a house or houses on
such site, or for the building of a house or houses on the
school site of the school district, for residential purposes of
the superintendent, principal, or teachers of the school
district, and issue its negotiable coupon bonds therefor signed
by the president and secretary of the board, in denominations
of not less than $100 nor more than $5,000, payable at such
place and at such time or times, not exceeding 20 years from
date of issuance, as the board of education may prescribe, and
bearing interest at a rate not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract, payable annually,
semiannually or quarterly, but no such bonds shall be issued
unless the proposition to issue them is submitted to the voters
of the district at a referendum held at a regularly scheduled
election after the board has certified the proposition to the
proper election authorities in accordance with the general
election law, a majority of all the votes cast on the
proposition is in favor of the proposition, and notice of such
bond referendum has been given either (i) in accordance with
the second paragraph of Section 12-1 of the Election Code
irrespective of whether such notice included any reference to
the public question as it appeared on the ballot, or (ii) for
an election held on or after November 1, 1998, in accordance
with Section 12-5 of the Election Code, or (iii) by publication
of a true and legible copy of the specimen ballot label
containing the proposition in the form in which it appeared or
will appear on the official ballot label on the day of the
election at least 5 days before the day of the election in at
least one newspaper published in and having a general
circulation in the district, irrespective of any other
requirements of Article 12 or Section 24A-18 of the Election
Code, nor shall any residential site be acquired unless such
proposition to acquire a site is submitted to the voters of the
district at a referendum held at a regularly scheduled election
after the board has certified the proposition to the proper
election authorities in accordance with the general election
law and a majority of all the votes cast on the proposition is
in favor of the proposition. Nothing in this Act or in any
other law shall be construed to require the notice of the bond
referendum to be published over the name or title of the
election authority or the listing of maturity dates of any
bonds either in the notice of bond election or ballot used in
the bond election. The provisions of this Section concerning
notice of the bond referendum apply only to (i) consolidated
primary elections held prior to January 1, 2002 and the
consolidated election held on April 17, 2007 at which not less
than 60% of the voters voting on the bond proposition voted in
favor of the bond proposition, and (ii) other elections held
before July 1, 1999; otherwise, notices required in connection
with the submission of public questions shall be as set forth
in Section 12-5 of the Election Code. Such proposition may be
initiated by resolution of the school board.
    With respect to instruments for the payment of money issued
under this Section either before, on, or after the effective
date of this amendatory Act of 1989, it is and always has been
the intention of the General Assembly (i) that the Omnibus Bond
Acts are and always have been supplementary grants of power to
issue instruments in accordance with the Omnibus Bond Acts,
regardless of any provision of this Act that may appear to be
or to have been more restrictive than those Acts, (ii) that the
provisions of this Section are not a limitation on the
supplementary authority granted by the Omnibus Bond Acts, and
(iii) that instruments issued under this Section within the
supplementary authority granted by the Omnibus Bond Acts are
not invalid because of any provision of this Act that may
appear to be or to have been more restrictive than those Acts.
    The proceeds of any bonds issued under authority of this
Section shall be deposited and accounted for separately within
the Site and Construction/Capital Improvements Fund.
(Source: P.A. 91-57, eff. 6-30-99; 92-6, eff. 6-7-01.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.