HB4604 97TH GENERAL ASSEMBLY

LRB097 19444 KMW 64697 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4604

Introduced 2/1/2012, by Rep. Rita Mayfield

SYNOPSIS AS INTRODUCED:

65 ILCS 5/8-4.1-4

from Ch. 24, par. 8-4.1-4

Amends the Illinois Municipal Code. Provides that in municipalities with a population of less than 2,000,000 inhabitants, bonds shall not be issued until the proposition to issue the bonds has been submitted to and approved by a majority of the voters of the municipality voting upon the proposition at a regular election. Sets forth requirements concerning the notice and form of the proposition.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 8-4.1-4 as follows:

(65 ILCS 5/8-4.1-4) (from Ch. 24, par. 8-4.1-4)

Sec. 8-4.1-4. Whenever Applicable Law provides that the authorization or the issuance of Bonds, or the becoming effective of an ordinance or resolution providing for the authorization or issuance of Bonds, may be subject to a backdoor referendum, the provisions of this Section may be used as an alternative to the specific procedures as otherwise set forth by Applicable Law.

A. The corporate authorities may adopt an authorizing ordinance describing briefly the authority under which Bonds are proposed to be issued, the nature of the project or purpose to be financed, the estimated total costs of the project or purpose, including in such costs all items related to financing the project or purpose, and the maximum amount of Bonds authorized to be issued to pay such costs. No further details or specifications are required in such authorizing ordinance. Such authorizing ordinance, along with any other notice as required by Applicable Law, including any notice as to the right of electors to file a petition and the number of voters required to sign any such petition, shall be published or posted as required by Applicable Law. A petition may be filed after such publication or posting during the period as provided by Applicable Law; but upon the expiration of any such period, the corporate authorities shall be authorized to issue such Bonds as if they had followed all necessary procedures set forth in such Applicable Law.

B. If no petition meeting the requirements of the Applicable Law is filed during the petition period hereinabove referred to, then the corporate authorities may adopt additional ordinances or proceedings supplementing or amending the authorizing ordinance so long as the maximum amount of Bonds as set forth in the authorizing ordinance hereinabove provided for is not exceeded, and there is no material change in the project or purpose described in the authorizing ordinance. Such additional ordinances or proceedings shall in all instances become effective immediately without publication or posting or any further act or requirement. The authorizing ordinance, together with such additional ordinances or proceedings, shall constitute complete authority for the issuance of such Bonds under the Applicable Law.

C. In municipalities with a population of less than 2,000,000 inhabitants, bonds shall not be issued until the proposition to issue the bonds has been submitted to and approved by a majority of the voters of the municipality voting upon the proposition at a regular election. Notice of the bond referendum shall be given pursuant to Section 12-5 of the Election Code. The corporate authorities shall by ordinance designate the election at which the proposition is to be submitted, the amount of the bonds, and their purpose. The corporate authorities shall certify the proposition to the proper election authority, who shall submit the proposition in accordance with the Election Code, subject to the notice provisions set forth in this Section.

The proposition to issue bonds shall be in substantially the following form:

Shall the bonds of (name of municipality) in the amount of $(amount) be issued for the purpose of (state one or more purposes)?

When so authorized, the bonds shall be issued in the name of the municipality with the seal of the municipality affixed.

(Source: P.A. 85-158.)