State of Illinois
91st General Assembly
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Public Act 91-0492

HB0943 Enrolled                                LRB9101953PTpk

    AN ACT to amend the Home Equity Assurance Act by changing
Section 11.

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

    Section  5.   The Home Equity Assurance Act is amended by
changing Section 11 as follows:

    (65 ILCS 95/11) (from Ch. 24, par. 1611)
    Sec. 11.  Guarantee Fund.
    (a) Each governing  commission  and  program  created  by
referendum  under the provisions of this Act shall maintain a
guarantee fund for  the  purposes  of  paying  the  costs  of
administering the program and extending protection to members
pursuant  to the limitations and procedures set forth in this
Act.
    (b)  The guarantee fund shall be raised by  means  of  an
annual  tax  levied  on  all  residential property within the
territory of the program having at least one,  but  not  more
than  6  dwelling units and classified by county ordinance as
residential.  The rate of this tax may be changed  from  year
to  year  by majority vote of the governing commission but in
no case shall it exceed a  rate  of  .12%  of  the  equalized
assessed  valuation  of  all property in the territory of the
program having at least one, but not  more  than  6  dwelling
units  and  classified by county ordinance as residential, or
the maximum tax rate approved by the voters of the  territory
at  the  referendum which created the program or, in the case
of a merged program, the maximum tax  rate  approved  by  the
voters  at  the  referendum authorizing the merger, whichever
rate is lower.  The commissioners shall cause the  amount  to
be  raised  by  taxation  in each year to be certified to the
county clerk in the manner provided by law, and  any  tax  so
levied  and  certified shall be collected and enforced in the
same manner and by the same officers as those taxes  for  the
purposes of the county and city within which the territory of
the  commission  is  located.   Any such tax, when collected,
shall be paid over to the proper officer  of  the  commission
who  is  authorized to receive and receipt for such tax.  The
governing commission  may  issue  tax  anticipation  warrants
against  the  taxes  to  be assessed for the calendar year in
which the program is created and for the first full  calendar
year after the creation of the program.
    (c)  The moneys deposited in the guarantee fund shall, as
nearly  as practicable, be fully and continuously invested or
reinvested  by  the  governing   commission   in   investment
obligations  which shall be in such amounts, and shall mature
at such times, that the maturity or date of redemption at the
option of the holder of  such  investment  obligations  shall
coincide,  as  nearly as practicable, with the times at which
monies will be required for the purposes of the program.  For
the purposes of this Section investment obligation shall mean
direct general municipal, state, or federal obligations which
at the time are legal investments  under  the  laws  of  this
State  and  the payment of principal of and interest on which
are unconditionally guaranteed by the governing body  issuing
them.
    (d)  Except   as   permitted   by  this  subsection,  the
guarantee fund shall be used solely and exclusively  for  the
purpose  of providing guarantees to members of the particular
Guaranteed Home Equity Program and for  reasonable  salaries,
expenses,  bills,  and  fees  incurred  in  administering the
program, and shall be used for no other purpose.
    A governing commission, with no less than  $4,000,000  in
its  guarantee  fund,  may,  if authorized by referendum duly
adopted by a majority of the voters, establish a Low Interest
Home Improvement Loan Program in accordance with and  subject
to  procedures  established  by  a  financial institution, as
defined in the Illinois Banking Act.  Whenever  the  question
of  creating  a Low Interest Home Improvement Loan Program is
initiated  by  resolution  or  ordinance  of  the   corporate
authorities  of  the  municipality or by a petition signed by
not less than 10% of the total number of registered voters of
each precinct in the  territory,  the  registered  voters  of
which are eligible to sign the petition, it shall be the duty
of  the  election  authority  having  jurisdiction  over  the
municipality  to  submit the question of creating the program
to the electors of each precinct within the territory at  the
regular  election  specified in the resolution, ordinance, or
petition initiating the question.  A  petition  initiating  a
question described in this subsection shall be filed with the
election authority having jurisdiction over the municipality.
The  petition  shall  be filed and objections to the petition
shall be made in the manner provided in the Election Code.  A
resolution,  ordinance,  or  petition  initiating  a question
described in this subsection shall specify  the  election  at
which  the question is to be submitted. The referendum on the
question shall be held in accordance with the Election  Code.
The question shall be in substantially the following form:
         "Shall   the  (name  of  the  home  equity  program)
    implement a Low Interest Home  Improvement  Loan  Program
    with  money  from  the  guarantee fund of the established
    guaranteed home equity program?"
The votes must be recorded as "Yes" or "No".
    Whenever a majority of the voters on the public  question
approve  the  creation  of  the  program  as certified by the
proper election authorities, the commission  shall  establish
the  program  and administer the program with funds collected
under the Guaranteed Home  Equity  Program,  subject  to  the
following conditions:
         (1)  At  any given time, the cumulative total of all
    loans and loan guarantees (if  applicable)  issued  under
    this  program may not reduce the balance of the guarantee
    fund to less than $3,000,000.
         (2)  Only eligible applicants may apply for a loan.
         (3)  The  loan  must  be  used   for   the   repair,
    maintenance,  remodeling, alteration, or improvement of a
    guaranteed residence.  This condition is not intended  to
    exclude  the repair, maintenance, remodeling, alteration,
    or improvement of  a  guaranteed  residence's  landscape.
    This condition is intended to exclude the demolition of a
    current  residence.   This  condition is also intended to
    exclude the construction of a new residence.
         (4)  An eligible applicant may not borrow more  than
    the amount of equity value in his or her residence.
         (5)  A  commission must ensure that loans issued are
    secured with collateral that is at  least  equal  to  the
    amount of the loan or loan guarantee.
         (6)  A  commission  shall  charge  an  interest rate
    which it determines  to  be  below  the  market  rate  of
    interest generally available to the applicant.
         (7)  A  commission  may,  by  resolution,  establish
    other   administrative   rules   and  procedures  as  are
    necessary to implement this program  including,  but  not
    limited  to, loan dollar amounts and terms.  A commission
    may also impose on loan applicants a one-time application
    fee  for  the  purpose  of   defraying   the   costs   of
    administering the program.
    (e)  The  guarantee  fund  shall be maintained, invested,
and expended exclusively by the governing commission  of  the
program   for  whose  purposes  it  was  created.   Under  no
circumstance shall the guarantee fund be used by  any  person
or persons, governmental body, or public or private agency or
concern  other  than  the governing commission of the program
for whose purposes it was  created.  Under  no  circumstances
shall  the  guarantee  fund be commingled with other funds or
investments.
    (e-1)  No   commissioner   or   family   member   of    a
commissioner,  or  employee  or family member of an employee,
may  receive  any  financial  benefit,  either  directly   or
indirectly,  from  the  guarantee  fund.    Nothing  in  this
subsection  (e-1)  shall  be construed to prohibit payment of
expenses to a commissioner in accordance with  Section  4  or
payment  of salaries or expenses to an employee in accordance
with this Section.
    As used in this subsection (e-1), "family member" means a
spouse, child, stepchild, parent, brother,  or  sister  of  a
commissioner  or  a  child,  stepchild,  parent,  brother, or
sister of a commissioner's spouse.
    (f)  An independent audit of the guarantee fund  and  the
management  of  the  program  shall be conducted annually and
made available to  the  public  through  any  office  of  the
governing  commission  or  a  public facility such as a local
public library located within the territory of the program.
(Source: P.A. 88-439.)

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