[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 92-0006
SB975 Enrolled LRB9205635MWcd
AN ACT in relation to elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 12-5 as follows:
(10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
Sec. 12-5. Notice for public questions. For all
elections held after July 1, 1999, notice of public questions
shall be required only as set forth in this Section or as set
forth in Section 17-3 or 19-3 of the School Code. Not more
than 30 days nor less than 10 days before the date of a
regular election at which a public question is to be
submitted to the voters of a political or governmental
subdivision, and at least 20 days before an emergency
referendum, the election authority shall publish notice of
the referendum. The notice shall be published once in a
local, community newspaper having general circulation in the
political or governmental subdivision. The notice shall also
be given at least 10 days before the date of the election by
posting a copy of the notice at the principal office of the
election authority. The local election official shall also
post a copy of the notice at the principal office of the
political or governmental subdivision, or if there is no
principal office at the building in which the governing body
of the political or governmental subdivision held its first
meeting of the calendar year in which the referendum is being
held. The election authority and the political or
governmental subdivision may, but are not required to, post
the notice electronically on their World Wide Web pages. The
notice, which shall appear over the name or title of the
election authority, shall be substantially in the following
form:
NOTICE IS HEREBY GIVEN that at the election to be
held on (insert day of the week), (insert date of
election), the following proposition will be submitted to
the voters of (name of political or governmental
subdivision):
(insert the public question as it will appear on the
ballot)
The polls at the election will be open at 6:00
o'clock A.M. and will continue to be open until 7:00
o'clock P.M. of that day.
Dated (date of notice)
(Name or title of the election authority)
The notice shall also include any additional information
required by the statute authorizing the public question. The
notice shall set forth the precincts and polling places at
which the referendum will be conducted only in the case of
emergency referenda.
(Source: P.A. 91-57, eff. 6-30-99.)
Section 10. The Township Code is amended by changing
Sections 115-20 and 115-105 as follows:
(60 ILCS 1/115-20)
Sec. 115-20. Referendum on recommended plan; petition.
(a) If the board recommends adoption of the open space
plan, or if a petition is filed by not less than 5% or 50,
whichever is greater, of the registered voters of the
township (according to the voting registration records at the
time the petition is filed) recommending adoption of the open
space plan, then the Board, within 30 days of making of the
recommendation or the filing of the petition, shall file a
petition with the township clerk, requesting the clerk to
submit to the voters of the township the question of whether
the township shall adopt the open space plan and enter upon
an open space program, with the power to acquire open land by
purchase, condemnation (except townships in counties having a
population of more than 150,000 but not more than 250,000),
or otherwise in the township and with the power to issue
bonds for those purposes under this Article. The total amount
of bonds to be issued under this Section may not exceed 5% of
the valuation of all taxable property in the township and
shall be set forth in the question as a dollar amount. The
township clerk shall certify that proposition to the proper
election officials, who shall submit the proposition to the
township voters at the next regular election. The referendum
shall be conducted and notice given in accordance with the
general election law.
(b) The question submitted to the voters at the election
shall be in substantially the following form:
Shall (name of township) adopt the open space plan
considered at the public hearing on (date) and enter upon
an open space program, and shall the Township Board have
the power (i) to acquire open land by purchase (insert ",
condemnation," if the township is in a county having a
population of more than 250,000) or otherwise, (ii) to
issue bonds for open space purposes in an amount not
exceeding $(amount), and (iii) to levy a tax to pay the
principal of and interest on those bonds, as provided in
Article 115 of the Township Code?
The votes shall be recorded as "Yes" or "No".
(c) If a majority of the voters voting at the election
on the question vote in favor of the question, the township
shall thereafter adopt the open space plan recommended by the
board or by the petition of the registered voters of the
township and shall enter upon an open space program under
this Article. If the proposition does not receive the
approval of a majority of the voters voting at the election
on the question, no proposition may be submitted to the
voters under this Section less than 23 months after the date
of the election.
(d) If a majority of the legal voters voting at
referendum in any township approved a proposition at the
consolidated election in 2001 in reliance upon and consistent
with this Section 115-20 as it existed prior to the effective
date of Public Act 91-847, then that referendum and all
actions taken in reliance thereon are hereby validated and
are legally binding in all respects.
(Source: P.A. 91-641, eff. 8-20-99; 91-847, eff. 6-22-00.)
(60 ILCS 1/115-105)
Sec. 115-105. Borrowing money; bonds. The township
board may borrow money and issue bonds, after referendum, for
the purpose of acquiring, developing, rehabilitating and
renovating open lands for open space purposes, as defined in
Section 115-5, pursuant to an open space program adopted as
provided in this Article, in and for the township in any
amount not to exceed 5% on the valuation of taxable property
in the township, to be ascertained by the last assessment for
State and county taxes previous to the incurring of such
indebtedness or, until January 1, 1983, if greater, the sum
that is produced by multiplying the township's 1978 equalized
assessed valuation by the debt limitation percentage on
January 1, 1979.
Whenever the board desires to issue bonds under this
Article, or whenever the board receives a petition from not
less than 5% or 50, whichever is greater, of the registered
voters of the township, according to the voting registration
records at the time the petition is filed, requesting the
board to issue bonds under this Article, the board,
concurrently with the filing of a petition with the township
clerk requesting him to submit to the voters of the township
at the next election the question of whether or not to adopt
an open space plan and enter upon an open space program,
shall certify that proposition to the proper election
officials who shall submit to the voters of the township at
the next election the question of whether or not the board
shall issue bonds to finance an open space program and
provide for the levy and collection of a direct annual tax
upon all taxable property within the township to meet the
principal and interest on the bonds as they mature, which tax
shall be in addition to and in excess of any other tax
authorized to be levied by the township. The amount of bonds
to be issued under this Section shall be set forth in the
question as a dollar amount. The election shall be conducted
and notice given in accordance with the general election law.
The question submitted to the voters at the election shall be
in substantially the following form:
Shall (name of township) issue bonds to finance the
acquisition, maintenance, development, rehabilitation and
renovation of open space lands for open space purposes as
provided by the Township Open Space Article of the
Township Code and levy and collect property taxes, in
excess of any other tax authorized to be levied by the
township, sufficient to meet the principal and interest
on the bonds as they mature, but not in an amount in
excess of $(amount)?
The votes shall be recorded as "Yes" or "No".
If a majority of the voters voting on the question vote
in favor of the question, the board shall issue bonds as
provided in this Article provided such bonds are issued
within 6 months after the voters vote favorably on such
question. If such proposition does not receive the approval
of a majority of the voters voting at the election on the
question, no proposition may be submitted to such voters
pursuant to this Section less than 23 months after the date
of such election.
The board shall then adopt a resolution authorizing the
issuance of such bonds, prescribing all the details thereof,
and stating the time or times when the principal thereof and
the interest on the bonds become payable, and the place of
payment thereof. The bonds must, however, be payable within
not less than 3 nor more than 40 years from date thereof, and
be issued to bear interest at not to exceed the maximum rate
authorized by the Bond Authorization Act, as amended at the
time of the making of the contract. Such a resolution shall
provide for the levy and collection of a direct annual tax
upon all the taxable property within the corporate limits of
such township sufficient to meet the principal of and
interest on the bonds as they mature, which tax shall be in
addition to and in excess of any other tax authorized to be
levied by the township.
A certified copy of the resolution providing for the
issuance of any such bonds shall be filed with the county
clerk of the county in which the township is located and
constitutes the basis and authority of the county clerk for
the extension and collection of the tax necessary to pay the
principal of and interest upon the bonds issued under the
resolution.
With respect to instruments for the payment of money
issued under this Section either before, on, or after the
effective date of Public Act 86-004, 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
Article 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 Bonds 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 Article that may appear to be or to
have been more restrictive than those Acts.
If a majority of the legal voters voting at referendum in
any township approved a proposition at the consolidated
election in 2001 in reliance upon and consistent with this
Section 115-105 as it existed prior to the effective date of
Public Act 91-847, then that referendum and all actions taken
in reliance thereon are hereby validated and are legally
binding in all respects.
(Source: P.A. 91-847, eff. 6-22-00.)
Section 15. The School Code is amended by changing
Sections 17-3 and 19-3 as follows:
(105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
Sec. 17-3. Additional levies-Submission to voters. The
school board in any district having a population of less than
500,000 inhabitants may, by proper resolution, cause a
proposition to increase, for a limited period of not less
than 3 nor more than 10 years or for an unlimited period, the
annual tax rate for educational purposes to be submitted to
the voters of such district at a regular scheduled election
as follows:
(1) in districts maintaining grades 1 through 8, or
grades 9 through 12, the maximum rate for educational
purposes shall not exceed 3.5% of the value as equalized
or assessed by the Department of Revenue;
(2) in districts maintaining grades 1 through 12
the maximum rate for educational purposes shall not
exceed 4.00%, except that if a single elementary district
and a secondary district having boundaries that are
coterminous on the effective date of this amendatory Act
form a community unit district under Section 11-6, then
the maximum rate for education purposes for such district
shall not exceed 6.00% of the value as equalized or
assessed by the Department of Revenue.
If the resolution of the school board seeks to increase
the annual tax rate for educational purposes for a limited
period of not less than 3 nor more than 10 years, the
proposition shall so state and shall identify the years for
which the tax increase is sought.
If a majority of the votes cast on the proposition is in
favor thereof at an election for which the election
authorities have given notice either (i) in accordance with
Section 12-5 of the Election Code or (ii) 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, the school board may thereafter,
until such authority is revoked in like manner, levy annually
the tax so authorized; provided that if the proposition as
approved limits the increase in the annual tax rate of the
district for educational purposes to a period of not less
than 3 nor more than 10 years, the district may, unless such
authority is sooner revoked in like manner, levy annually the
tax so authorized for the limited number of years approved by
a majority of the votes cast on the proposition. Upon
expiration of that limited period, the rate at which the
district may annually levy its tax for educational purposes
shall be the rate provided under Section 17-2, or the rate at
which the district last levied its tax for educational
purposes prior to approval of the proposition authorizing the
levy of that tax at an increased rate, whichever is greater.
The school board shall certify the proposition to the
proper election authorities in accordance with the general
election law.
The provisions of this Section concerning notice of the
tax rate increase referendum apply only to consolidated
primary elections held prior to January 1, 2002 at which not
less than 55% of the voters voting on the tax rate increase
proposition voted in favor of the tax rate increase
proposition.
(Source: P.A. 88-376.)
(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 (if
heretofore or hereafter held at any general or consolidated
election) 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 each county in which the district is
located, 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 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 thereafter,
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. 90-811, eff. 1-26-99; 90-812, eff. 1-26-99;
91-57, eff. 6-30-99.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 31, 2001.
Approved June 07, 2001.
Effective June 07, 2001.
[ Top ]