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92_SB0975ham003
LRB9205635MWpkam04
1 AMENDMENT TO SENATE BILL 975
2 AMENDMENT NO. . Amend Senate Bill 975, AS AMENDED,
3 immediately below the enacting clause, by inserting the
4 following:
5 "Section 3. The Election Code is amended by changing
6 Section 12-5 as follows:
7 (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
8 Sec. 12-5. Notice for public questions. For all
9 elections held after July 1, 1999, notice of public questions
10 shall be required only as set forth in this Section or as set
11 forth in Section 17-3 or 19-3 of the School Code. Not more
12 than 30 days nor less than 10 days before the date of a
13 regular election at which a public question is to be
14 submitted to the voters of a political or governmental
15 subdivision, and at least 20 days before an emergency
16 referendum, the election authority shall publish notice of
17 the referendum. The notice shall be published once in a
18 local, community newspaper having general circulation in the
19 political or governmental subdivision. The notice shall also
20 be given at least 10 days before the date of the election by
21 posting a copy of the notice at the principal office of the
22 election authority. The local election official shall also
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1 post a copy of the notice at the principal office of the
2 political or governmental subdivision, or if there is no
3 principal office at the building in which the governing body
4 of the political or governmental subdivision held its first
5 meeting of the calendar year in which the referendum is being
6 held. The election authority and the political or
7 governmental subdivision may, but are not required to, post
8 the notice electronically on their World Wide Web pages. The
9 notice, which shall appear over the name or title of the
10 election authority, shall be substantially in the following
11 form:
12 NOTICE IS HEREBY GIVEN that at the election to be
13 held on (insert day of the week), (insert date of
14 election), the following proposition will be submitted to
15 the voters of (name of political or governmental
16 subdivision):
17 (insert the public question as it will appear on the
18 ballot)
19 The polls at the election will be open at 6:00
20 o'clock A.M. and will continue to be open until 7:00
21 o'clock P.M. of that day.
22 Dated (date of notice)
23 (Name or title of the election authority)
24 The notice shall also include any additional information
25 required by the statute authorizing the public question. The
26 notice shall set forth the precincts and polling places at
27 which the referendum will be conducted only in the case of
28 emergency referenda.
29 (Source: P.A. 91-57, eff. 6-30-99.)"; and
30 immediately below Section 5, by inserting the following:
31 "Section 10. The School Code is amended by changing
32 Sections 17-3 and 19-3 as follows:
-3- LRB9205635MWpkam04
1 (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
2 Sec. 17-3. Additional levies-Submission to voters. The
3 school board in any district having a population of less than
4 500,000 inhabitants may, by proper resolution, cause a
5 proposition to increase, for a limited period of not less
6 than 3 nor more than 10 years or for an unlimited period, the
7 annual tax rate for educational purposes to be submitted to
8 the voters of such district at a regular scheduled election
9 as follows:
10 (1) in districts maintaining grades 1 through 8, or
11 grades 9 through 12, the maximum rate for educational
12 purposes shall not exceed 3.5% of the value as equalized
13 or assessed by the Department of Revenue;
14 (2) in districts maintaining grades 1 through 12
15 the maximum rate for educational purposes shall not
16 exceed 4.00%, except that if a single elementary district
17 and a secondary district having boundaries that are
18 coterminous on the effective date of this amendatory Act
19 form a community unit district under Section 11-6, then
20 the maximum rate for education purposes for such district
21 shall not exceed 6.00% of the value as equalized or
22 assessed by the Department of Revenue.
23 If the resolution of the school board seeks to increase
24 the annual tax rate for educational purposes for a limited
25 period of not less than 3 nor more than 10 years, the
26 proposition shall so state and shall identify the years for
27 which the tax increase is sought.
28 If a majority of the votes cast on the proposition is in
29 favor thereof at an election for which the election
30 authorities have given notice either (i) in accordance with
31 Section 12-5 of the Election Code or (ii) by publication of a
32 true and legible copy of the specimen ballot label containing
33 the proposition in the form in which it appeared or will
34 appear on the official ballot label on the day of the
-4- LRB9205635MWpkam04
1 election at least 5 days before the day of the election in at
2 least one newspaper published in and having a general
3 circulation in the district, the school board may thereafter,
4 until such authority is revoked in like manner, levy annually
5 the tax so authorized; provided that if the proposition as
6 approved limits the increase in the annual tax rate of the
7 district for educational purposes to a period of not less
8 than 3 nor more than 10 years, the district may, unless such
9 authority is sooner revoked in like manner, levy annually the
10 tax so authorized for the limited number of years approved by
11 a majority of the votes cast on the proposition. Upon
12 expiration of that limited period, the rate at which the
13 district may annually levy its tax for educational purposes
14 shall be the rate provided under Section 17-2, or the rate at
15 which the district last levied its tax for educational
16 purposes prior to approval of the proposition authorizing the
17 levy of that tax at an increased rate, whichever is greater.
18 The school board shall certify the proposition to the
19 proper election authorities in accordance with the general
20 election law.
21 The provisions of this Section concerning notice of the
22 tax rate increase referendum apply only to consolidated
23 primary elections at which not less than 55% of the voters
24 voting on the tax rate increase proposition voted in favor of
25 the tax rate increase proposition.
26 (Source: P.A. 88-376.)
27 (105 ILCS 5/19-3) (from Ch. 122, par. 19-3)
28 Sec. 19-3. Boards of education. Any school district
29 governed by a board of education and having a population of
30 not more than 500,000 inhabitants, and not governed by a
31 special Act may borrow money for the purpose of building,
32 equipping, altering or repairing school buildings or
33 purchasing or improving school sites, or acquiring and
-5- LRB9205635MWpkam04
1 equipping playgrounds, recreation grounds, athletic fields,
2 and other buildings or land used or useful for school
3 purposes or for the purpose of purchasing a site, with or
4 without a building or buildings thereon, or for the building
5 of a house or houses on such site, or for the building of a
6 house or houses on the school site of the school district,
7 for residential purposes of the superintendent, principal, or
8 teachers of the school district, and issue its negotiable
9 coupon bonds therefor signed by the president and secretary
10 of the board, in denominations of not less than $100 nor more
11 than $5,000, payable at such place and at such time or times,
12 not exceeding 20 years from date of issuance, as the board of
13 education may prescribe, and bearing interest at a rate not
14 to exceed the maximum rate authorized by the Bond
15 Authorization Act, as amended at the time of the making of
16 the contract, payable annually, semiannually or quarterly,
17 but no such bonds shall be issued unless the proposition to
18 issue them is submitted to the voters of the district at a
19 referendum held at a regularly scheduled election after the
20 board has certified the proposition to the proper election
21 authorities in accordance with the general election law, a
22 majority of all the votes cast on the proposition is in favor
23 of the proposition, and notice of such bond referendum (if
24 heretofore or hereafter held at any general or consolidated
25 election) has been given either (i) in accordance with the
26 second paragraph of Section 12-1 of the Election Code
27 irrespective of whether such notice included any reference to
28 the public question as it appeared on the ballot, or (ii) for
29 an election held on or after November 1, 1998, in accordance
30 with Section 12-5 of the Election Code, or (iii) by
31 publication of a true and legible copy of the specimen ballot
32 label containing the proposition in the form in which it
33 appeared or will appear on the official ballot label on the
34 day of the election at least 5 days before the day of the
-6- LRB9205635MWpkam04
1 election in at least one newspaper published in and having a
2 general circulation in each county in which the district is
3 located, irrespective of any other requirements of Article 12
4 or Section 24A-18 of the Election Code, nor shall any
5 residential site be acquired unless such proposition to
6 acquire a site is submitted to the voters of the district at
7 a referendum held at a regularly scheduled election after the
8 board has certified the proposition to the proper election
9 authorities in accordance with the general election law and a
10 majority of all the votes cast on the proposition is in favor
11 of the proposition. Nothing in this Act or in any other law
12 shall be construed to require the notice of the bond
13 referendum to be published over the name or title of the
14 election authority or the listing of maturity dates of any
15 bonds either in the notice of bond election or ballot used in
16 the bond election. The provisions of this Section concerning
17 notice of the bond referendum apply only to (i) consolidated
18 primary elections at which not less than 60% of the voters
19 voting on the bond proposition voted in favor of the bond
20 proposition, and (ii) other elections held before July 1,
21 1999; otherwise thereafter, notices required in connection
22 with the submission of public questions shall be as set forth
23 in Section 12-5 of the Election Code. Such proposition may
24 be initiated by resolution of the school board.
25 With respect to instruments for the payment of money
26 issued under this Section either before, on, or after the
27 effective date of this amendatory Act of 1989, it is and
28 always has been the intention of the General Assembly (i)
29 that the Omnibus Bond Acts are and always have been
30 supplementary grants of power to issue instruments in
31 accordance with the Omnibus Bond Acts, regardless of any
32 provision of this Act that may appear to be or to have been
33 more restrictive than those Acts, (ii) that the provisions of
34 this Section are not a limitation on the supplementary
-7- LRB9205635MWpkam04
1 authority granted by the Omnibus Bond Acts, and (iii) that
2 instruments issued under this Section within the
3 supplementary authority granted by the Omnibus Bond Acts are
4 not invalid because of any provision of this Act that may
5 appear to be or to have been more restrictive than those
6 Acts.
7 The proceeds of any bonds issued under authority of this
8 Section shall be deposited and accounted for separately
9 within the Site and Construction/Capital Improvements Fund.
10 (Source: P.A. 90-811, eff. 1-26-99; 90-812, eff. 1-26-99;
11 91-57, eff. 6-30-99.)".