96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5540


 
Introduced 2/9/2010, by Rep. John D. Cavaletto
 
SYNOPSIS AS INTRODUCED:
 		














65 ILCS 5/8-1-3.1
  from Ch. 24, par. 8-1-3.1







    Amends the Illinois Municipal Code.  In a Section authorizing the corporate authorities of a municipality to borrow money from any bank or other financial institution, adds to the definition of "financial institution" any regional planning commission or joint regional planning commission established in accordance with the Counties Code. Effective immediately.
















LRB096 15694 RLJ 30930 b

















FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB5540

LRB096 15694 RLJ 30930 b






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    AN ACT concerning local government.

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


 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 8-1-3.1 as follows:
 



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    (65 ILCS 5/8-1-3.1)  (from Ch. 24, par. 8-1-3.1)



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    Sec. 8-1-3.1. Borrowing from financial institutions. The 
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corporate authorities may borrow money for corporate purposes 
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from one fund
for the use of another fund providing such 
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borrowing shall be repaid within
the current fiscal year.

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    The corporate authorities may also borrow money from any 
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bank or other
financial institution provided such money shall 
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be repaid within 10 years

from the time the money is borrowed.  
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The mayor or president of the municipality, as the case may be, 
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shall execute a promissory note or similar debt instrument, but 
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not a bond, to evidence the indebtedness incurred by the 
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borrowing.  The obligation to make the payments due under the 
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promissory note or other debt instrument shall be a lawful 
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direct general obligation of the municipality payable from the 
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general funds of the municipality and such other sources of 
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payment as are otherwise lawfully available.  The promissory 
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note or other debt instrument shall be authorized by an 
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ordinance passed by the corporate authorities and shall be 
 


 






HB5540
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LRB096 15694 RLJ 30930 b




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valid whether or not an appropriation with respect to that 
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ordinance is included in any annual or supplemental 
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appropriation adopted by the corporate authorities.  The 
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indebtedness incurred under this Section, when aggregated with 
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the existing indebtedness of the municipality, may not exceed 
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the debt limitation provided in Section 8-5-1 of this Code. 
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"Financial institution" means any bank
subject to the "Illinois 
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Banking Act", any savings and loan association
subject to the 
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"Illinois Savings and Loan Act of 1985", and any federally

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chartered commercial bank or savings and loan association 
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organized and
operated in this State pursuant to the laws of 
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the United States, and any regional planning commission or 
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joint regional planning commission established in accordance 
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with Section 5-14001 or Section 5-14003 of the Counties Code.

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(Source: P.A. 95-693, eff. 11-5-07.)

 

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