State of Illinois
91st General Assembly
Public Acts

[ Home ]  [ ILCS ] [ Search ] [ Bottom ]
 [ Other General Assemblies ]

Public Act 91-0493

HB1117 Enrolled                                LRB9103156MWpc

    AN ACT concerning local government debt,  amending  named
Acts.

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

    Section 5.  The  Local  Government  Debt  Reform  Act  is
amended  by  changing  Sections  15, 16, and 17 and by adding
Section 17.5 as follows:

    (30 ILCS 350/15) (from Ch. 17, par. 6915)
    Sec. 15.  Double-barrelled bonds.  Whenever revenue bonds
have been authorized to be issued pursuant to applicable  law
or  whenever  there  exists for a governmental unit a revenue
source, the procedures set forth in this Section may be  used
by  a governing body.  General obligation bonds may be issued
in lieu of such revenue  bonds  as  authorized,  and  general
obligation  bonds  may  be  issued  payable  from any revenue
source.  Such general obligation bonds may be referred to  as
"alternate bonds".  Alternate bonds may be issued without any
referendum  or backdoor referendum except as provided in this
Section, upon the terms provided in Section 10  of  this  Act
without  reference  to other provisions of law, but only upon
the conditions provided in  this  Section.   Alternate  bonds
shall  not  be  regarded as or included in any computation of
indebtedness for the purpose of any  statutory  provision  or
limitation except as expressly provided in this Section.
    Such conditions are:
    (a)  Alternate   bonds  shall  be  issued  for  a  lawful
corporate purpose.  If  issued  in  lieu  of  revenue  bonds,
alternate  bonds  shall  be issued for the purposes for which
such revenue bonds shall have  been  authorized.   If  issued
payable  from  a  revenue  source  in  the manner hereinafter
provided, which revenue source is limited in its purposes  or
applications,  then  the alternate bonds shall be issued only
for such limited purposes or applications.   Alternate  bonds
may  be  issued  payable  from  either enterprise revenues or
revenue sources, or both.
    (b)  Alternate  bonds  shall  be  subject   to   backdoor
referendum.   The  provisions  of Section 5 of this Act shall
apply  to  such  backdoor  referendum,  together   with   the
provisions   hereof.   The  authorizing  ordinance  shall  be
published in  a  newspaper  of  general  circulation  in  the
governmental  unit.  Along with or as part of the authorizing
ordinance, there shall be  published  a  notice  of  (1)  the
specific  number  of  voters  required  to  sign  a  petition
requesting  that  the  issuance  of  the  alternate  bonds be
submitted to referendum, (2) the time when such petition must
be filed, (3) the date of  the  prospective  referendum,  and
(4),  with  respect  to  authorizing ordinances adopted on or
after January  1,  1991,  a  statement  that  identifies  any
revenue  source that will be used to pay the principal of and
interest on the alternate bonds.  The clerk or  secretary  of
the governmental unit shall make a petition form available to
anyone  requesting  one.   If  no  petition is filed with the
clerk or secretary within  30  days  of  publication  of  the
authorizing  ordinance  and notice, the alternate bonds shall
be authorized to be issued.   But  if  within  this  30  days
period,  a  petition  is  filed  with such clerk or secretary
signed by electors numbering the greater of (i) 7.5%  of  the
registered  voters  in  the  governmental unit or (ii) 200 of
those registered voters or 15% of  those  registered  voters,
whichever is less, asking that the issuance of such alternate
bonds  be  submitted  to  referendum,  the clerk or secretary
shall certify such question for  submission  at  an  election
held  in  accordance  with  the  general  election  law.  The
question  on  the  ballot  shall  include  a statement of any
revenue source that will be used to pay the principal of  and
interest on the alternate bonds. The alternate bonds shall be
authorized  to  be  issued if a majority of the votes cast on
the question at such election are in favor  thereof  provided
that   notice  of  the  bond  referendum,  if  heretofore  or
hereafter held, has been or shall be given in accordance with
the provisions of Section 12-5 of the Election Code, at least
10 and not more than 45 days before the date of the election,
notwithstanding the time for publication otherwise imposed by
Section 12-5. Backdoor referendum proceedings for  bonds  and
alternate  bonds  to  be  issued in lieu of such bonds may be
conducted at the same time.
    (c)  To the extent payable from enterprise revenues, such
revenues shall have been determined by the governing body  to
be  sufficient  to  provide  for or pay in each year to final
maturity of such alternate bonds all of the  following:   (1)
costs   of  operation  and  maintenance  of  the  utility  or
enterprise, but not including depreciation, (2) debt  service
on all outstanding revenue bonds payable from such enterprise
revenues,  (3)  all  amounts  required  to  meet  any fund or
account requirements with respect to such outstanding revenue
bonds, (4) other contractual or tort  liability  obligations,
if  any,  payable  from  such enterprise revenues, and (5) in
each year, an amount not less than 1.25 times debt service of
all (i) alternate bonds payable from such enterprise revenues
previously issued and outstanding and  (ii)  alternate  bonds
proposed  to  be  issued.   To the extent payable from one or
more revenue sources, such sources shall have been determined
by the governing body to provide in each year, an amount  not
less  than  1.25  times  debt  service of all alternate bonds
payable from  such  revenue  sources  previously  issued  and
outstanding  and  alternate bonds proposed to be issued.  The
conditions enumerated in this subsection (c) need not be  met
for  that  amount of debt service provided for by the setting
aside of proceeds of bonds or other moneys at the time of the
delivery of such bonds.
    (d)  The determination of the sufficiency  of  enterprise
revenues  or  a  revenue  source,  as  applicable,  shall  be
supported  by  reference  to  the  most  recent  audit of the
governmental unit, which shall be for a  fiscal  year  ending
not  earlier  than 18 months previous to the time of issuance
of the alternate bonds.  If such audit  does  not  adequately
show   such   enterprise   revenues  or  revenue  source,  as
applicable, or if such enterprise revenues or revenue source,
as  applicable,  are  shown  to  be  insufficient,  then  the
determination of sufficiency shall be supported by the report
of an independent  accountant  or  feasibility  analyst,  the
latter  having  a  national  reputation for expertise in such
matters, demonstrating the sufficiency of such  revenues  and
explaining,  if  appropriate, by what means the revenues will
be greater  than  as  shown  in  the  audit.   Whenever  such
sufficiency  is  demonstrated  by  reference to a schedule of
higher rates or charges for enterprise revenues or  a  higher
tax  imposition  for  a  revenue  source,  such higher rates,
charges or taxes shall  have  been  properly  imposed  by  an
ordinance  adopted prior to the time of delivery of alternate
bonds.  The reference  to  and  acceptance  of  an  audit  or
report,  as  the  case  may  be, and the determination of the
governing body as to sufficiency of enterprise revenues or  a
revenue   source   shall  be  conclusive  evidence  that  the
conditions of  this  Section  have  been  met  and  that  the
alternate bonds are valid.
    (e)  The   enterprise  revenues  or  revenue  source,  as
applicable, shall be in fact pledged to the  payment  of  the
alternate  bonds;  and  the governing body shall covenant, to
the extent it is empowered to do so, to provide for,  collect
and  apply  such  enterprise  revenues  or revenue source, as
applicable, to the payment of the  alternate  bonds  and  the
provision  of  not  less  than  an  additional .25 times debt
service.  The pledge and establishment of  rates  or  charges
for  enterprise  revenues,  or  the  imposition of taxes in a
given rate  or  amount,  as  provided  in  this  Section  for
alternate  bonds, shall constitute a continuing obligation of
the governmental unit with respect to such  establishment  or
imposition  and  a  continuing  appropriation  of the amounts
received.  All covenants relating to alternate bonds and  the
conditions  and  obligations  imposed  by  this  Section  are
enforceable  by  any  bondholder of alternate bonds affected,
any taxpayer of the governmental unit, and the People of  the
State  of Illinois acting through the Attorney General or any
designee, and in the event that any such action results in an
order finding that the governmental unit has not properly set
rates or charges  or  imposed  taxes  to  the  extent  it  is
empowered  to  do  so  or  collected  and  applied enterprise
revenues or any revenue source, as applicable, as required by
this Act, the plaintiff in any such action shall  be  awarded
reasonable   attorney's   fees.   The  intent  is  that  such
enterprise revenues or revenue source, as  applicable,  shall
be  sufficient  and  shall  be applied to the payment of debt
service on such alternate bonds so that  taxes  need  not  be
levied,  or if levied need not be extended, for such payment.
Nothing  in  this  Section  shall  inhibit  or  restrict  the
authority of a governing body to determine the lien  priority
of  any bonds, including alternate bonds, which may be issued
with respect to any enterprise revenues or revenue source.
    In the event that alternate bonds shall have been  issued
and taxes, other than a designated revenue source, shall have
been  extended pursuant to the general obligation, full faith
and credit promise supporting such alternate bonds, then  the
amount  of  such  alternate  bonds  then outstanding shall be
included  in  the  computation   of   indebtedness   of   the
governmental unit for purposes of all statutory provisions or
limitations  until  such time as an audit of the governmental
unit shall show that the alternate bonds have been paid  from
the  enterprise  revenues  or  revenue source, as applicable,
pledged thereto for a complete fiscal year.
    Alternate bonds may be issued to refund or advance refund
alternate bonds without meeting any  of  the  conditions  set
forth  in this Section, except that the term of the refunding
bonds shall not be longer than the term of the refunded bonds
and that  the  debt  service  payable  in  any  year  on  the
refunding  bonds shall not exceed the debt service payable in
such year on the refunded bonds.
    Once issued, alternate bonds shall be and forever  remain
until   paid  or  defeased  the  general  obligation  of  the
governmental unit, for the payment of which  its  full  faith
and credit are pledged, and shall be payable from the levy of
taxes  as  is  provided  in  this  Act for general obligation
bonds.
    The changes made by this amendatory Act of  1990  do  not
affect  the  validity of bonds authorized before September 1,
1990.
(Source: P.A. 90-812, eff. 1-26-99.)

    (30 ILCS 350/16) (from Ch. 17, par. 6916)
    Sec. 16.  Levy for bonds.  A governmental unit may levy a
tax for the payment of principal of and interest  on  general
obligation  bonds or limited bonds at any time prior to March
1  of  the  calendar  year  during  which  the  tax  will  be
collected.  The county clerk shall accept the filing  of  the
ordinance  levying such tax notwithstanding that such time is
subsequent to the end of the calendar year next preceding the
calendar year during which such tax will  be  collected.   In
extending  taxes  for  general  obligation  bonds, the county
clerk shall add to the levy for debt service on such bonds an
amount sufficient, in view of all losses and delinquencies in
tax collection, to produce  tax  receipts  adequate  for  the
prompt payment of such debt service.
(Source: P.A. 88-676, eff. 12-14-94.)

    (30 ILCS 350/17) (from Ch. 17, par. 6917)
    Sec.   17.    Interest  not  debt;  debt  on  Leases  and
installment contracts.
    (a)  Interest not debt; debt on  leases  and  installment
contracts.    Interest  on bonds shall not be included in any
computation of indebtedness of a governmental  unit  for  the
purpose  of any statutory provision or limitation.  For bonds
consisting of leases and installment or financing  contracts,
(1)  that  portion  of  payments  made by a governmental unit
under the terms of a bond designated as interest in the  bond
or  the  ordinance  authorizing such bond shall be treated as
interest for purposes of this Section (2) where  portions  of
payments  due  under  the  terms  of  a  bond  have  not been
designated  as  interest  in  the  bond  or   the   ordinance
authorizing  such bond, and all or a portion of such payments
is to be used for the payment of principal of and interest on
other bonds of the  governmental  unit  or  bonds  issued  by
another  unit  of local government, such as a public building
commission, the  payments  equal  to  interest  due  on  such
corresponding bonds shall be treated as interest for purposes
of  this Section and (3) where portions of payments due under
the terms of a bond have not been designated as  interest  in
the bond or ordinance authorizing such bond and no portion of
any  such  payment is to be used for the payment of principal
of and interest on other bonds of the  governmental  unit  or
another  unit  of local government, a portion of each payment
due under the terms of such bond shall be treated as interest
for purposes of this Section; such portion shall be equal  in
amount  to  the  interest  that  would  have  been  paid on a
notional  obligation  of  the  governmental   unit   (bearing
interest  at  the  highest rate permitted by law for bonds of
the governmental unit at the time the bond was issued or,  if
no  such  limit  existed,  12%)  on  which  the  payments  of
principal  and interest were due at the same times and in the
same amounts as payments are  due  under  the  terms  of  the
bonds.    The  rule  set  forth  in  this  Section  shall  be
applicable to all interest no matter when earned  or  accrued
or  at  what  interval  paid, and whether or not a bond bears
interest which compounds at certain intervals.  For  purposes
of  bonds sold at amounts less than 95% of their stated value
at maturity, interest for purposes of this  Section  includes
the  difference  between  the amount set forth on the face of
the bond as the original  principal  amount  and  the  bond's
received  for the sale of the bonds and their stated value at
maturity.
    This subsection Section may be made applicable  to  bonds
issued  prior to the effective date of this Act by passage of
an ordinance to such  effect  by  the  governing  body  of  a
governmental unit.
    (b) Purchase or lease of property.  The governing body of
each  governmental  unit may purchase or lease either real or
personal property through agreements that  provide  that  the
consideration  for  the purchase or lease may be paid through
installments made at stated intervals for a period of no more
than 20 years or another period of time  authorized  by  law,
whichever  is  greater.   Each  governmental  unit  may issue
certificates evidencing the indebtedness incurred  under  the
agreements.  The certificate shall be valid whether or not an
appropriation  with respect thereto is included in any annual
or supplemental budget adopted by the governmental unit.  The
governing body of each governmental unit  may  sell,  convey,
and  reacquire  either  real  or  personal property, upon any
terms and conditions and in any manner, as the governing body
shall determine, if the  governmental  unit  will  lease  the
property,  as  authorized  by  this  subsection  or any other
applicable law.
    All indebtedness incurred  under  this  subsection,  when
aggregated with the existing indebtedness of the governmental
unit,  may  not exceed the debt limits provided by applicable
law.
(Source: P.A. 85-1419.)

    (30 ILCS 350/17.5 new)
    Sec. 17.5.  Bond authorization by  referendum.   Whenever
applicable  law  provides  that  the  authorization of or the
issuance of bonds  is  subject  to  either  a  referendum  or
backdoor referendum, the approval, once obtained, remains (i)
for  5  years  after the date of the referendum or (ii) for 3
years after the end of the petition  period  for  a  backdoor
referendum.   This  Section applies only to a referendum or a
backdoor referendum held after the  effective  date  of  this
amendatory Act of the 91st General Assembly.

    Section  10.  The  Illinois  Municipal Code is amended by
changing Section 11-61-3 as follows:

    (65 ILCS 5/11-61-3) (from Ch. 24, par. 11-61-3)
    Sec.  11-61-3.   The  corporate   authorities   of   each
municipality  having  a  population  of  less  than 1,000,000
inhabitants shall have the express power to purchase or lease
either real estate or personal property for  public  purposes
through  contracts  which  provide  for the consideration for
such purchase or lease to be paid through installments to  be
made  at  stated  intervals  during a certain period of time,
but, in  no  case,  shall  such  contracts  provide  for  the
consideration to be paid during a period of time in excess of
20  10 years nor shall such contracts provide for the payment
of interest at a rate of more than that permitted in "An  Act
to  authorize  public  corporations  to  issue  bonds,  other
evidences  of  indebtedness  and  tax  anticipation  warrants
subject  to  interest  rate  limitations  set forth therein",
approved May 26, 1970, as amended. The indebtedness  incurred
under this Section when aggregated with existing indebtedness
may  not  exceed  the  debt  limits provided in Division 5 of
Article 8 of this Code.
    The amendatory Acts of 1972 and 1973 are not a limit upon
any municipality which is a home rule unit.
(Source: P.A. 84-283.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

[ Top ]