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Rep. Lou Lang
Filed: 2/9/2016
| | 09900SB0116ham001 | | LRB099 06202 HLH 35642 a |
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| 1 | | AMENDMENT TO SENATE BILL 116
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 116 on page 18, by |
| 3 | | replacing lines 10 through 13 with the following:
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| 4 | | "that county."; and
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| 5 | | by replacing everything from line 14 on page 18 through line 9 |
| 6 | | on page 19 with the following: |
| 7 | | "(c) Before entering into a contract or agreement as set |
| 8 | | forth in subsections (a) and (b) of this Section, a |
| 9 | | municipality or county must ensure that: (i) there are no |
| 10 | | delinquent taxes, special assessments, or water or sewer |
| 11 | | charges on the property; (ii) the amount of the assessment in |
| 12 | | relation to the greater of the assessed value of the property |
| 13 | | or the appraised value of the property, as determined by a |
| 14 | | licensed appraiser, does not exceed 25%; (iii) any existing |
| 15 | | mortgage holders have provided written consent; (iv) an |
| 16 | | assessment of the existing water or energy use and a modeling |
| 17 | | of expected monetary savings have been conducted for the |
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| | 09900SB0116ham001 | - 2 - | LRB099 06202 HLH 35642 a |
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| 1 | | proposed project; (v) the contractors to be used are registered |
| 2 | | and have agreed to adhere to a set of terms and conditions |
| 3 | | through a process established by the municipality or county; |
| 4 | | (vi) the contractors to be used have signed a written |
| 5 | | acknowledgement that the municipality or county will not |
| 6 | | authorize payment to the contractor until the municipality or |
| 7 | | county has received written conformation from the property |
| 8 | | owner that the improvement was properly installed and is |
| 9 | | operating as intended; (vii) the term of the assessment does |
| 10 | | not exceed the useful life of the project paid for by the |
| 11 | | assessment, provided that projects that consist of multiple |
| 12 | | improvements with varying lengths of useful life shall have the |
| 13 | | lengths blended to determine an overall assessment term that |
| 14 | | does not exceed the useful life of the improvements in |
| 15 | | aggregate; and (viii) the property owner has signed a |
| 16 | | certification that the municipality or county has complied with |
| 17 | | the provisions of this subsection (c), which shall be |
| 18 | | conclusive evidence as to compliance with those provisions, but |
| 19 | | shall not relieve any contractor, municipality, or county from |
| 20 | | any potential liability."; and
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| 21 | | on page 19, line 21, after "Authority", by inserting "or to a |
| 22 | | third party"; and
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| 23 | | on page 19, line 24, after "Authority", by inserting "or to a |
| 24 | | third party".
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