Full Text of HB1551 98th General Assembly
HB1551 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB1551 Introduced , by Rep. Daniel J. Burke SYNOPSIS AS INTRODUCED: |
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Provides that the district may borrow money and issue its
assistance bonds for the purpose of funding the
assistance program, and those bonds shall be alternate bonds (currently revenue bonds) payable from any
lawfully available revenue source. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Metropolitan Water Reclamation District Act | 5 | | is amended by changing Section 9.6c as follows:
| 6 | | (70 ILCS 2605/9.6c)
| 7 | | Sec. 9.6c. Local Government Assistance Program; bonds.
| 8 | | (a) The General Assembly finds that governmental units | 9 | | located within the
boundaries of the district require | 10 | | assistance in financing the cost of repair,
replacement, | 11 | | reconstruction, and rehabilitation of local sewer collection
| 12 | | systems to reduce certain excessive sanitary sewer groundwater | 13 | | inflows; that
such inflows ultimately result in increased need | 14 | | for treatment and storage
facilities of the district; and that | 15 | | the district, in the discretion of its
commissioners, | 16 | | advantageously may provide loan funds for such purposes.
| 17 | | (b) For purposes of this Section, the following terms shall | 18 | | have the
meanings set forth, as follows:
| 19 | | The following terms shall have the meanings given to | 20 | | them in the Local
Government Debt Reform Act: (A) | 21 | | "alternate bonds"; (B) "applicable law"; (C)
"bonds"; (D) | 22 | | "general obligation bonds"; (E) "governmental unit"; (F)
| 23 | | "ordinance"; and (G) "revenue source".
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| 1 | | "Assistance bonds" means the bonds to be issued by the | 2 | | district to provide
funds for the program as authorized in | 3 | | subsection (f) of this Section.
| 4 | | "Assistance program" means the program authorized in | 5 | | this Section by which
the district may make loans to local | 6 | | governmental units for any one or more of
the following | 7 | | undertaken
with respect to the repair, replacement, | 8 | | reconstruction, and rehabilitation of
local sewer | 9 | | collection systems: preliminary planning, engineering,
| 10 | | architectural, legal, fiscal or economic investigations or | 11 | | studies, surveys,
designs, plans, working drawings, | 12 | | specifications, procedures or other necessary
actions, | 13 | | erection, building acquisition, alteration, remodeling, or | 14 | | improvement
of such collection systems, or the inspection | 15 | | or supervision of
any of the foregoing.
| 16 | | "Loan" means a loan made by the district to a local | 17 | | governmental unit under
the assistance program.
| 18 | | "Local governmental unit" means a governmental unit | 19 | | within the boundaries
of the district.
| 20 | | "Reconstruction" shall include the construction of | 21 | | totally new lines or
systems if reasonably designed to | 22 | | replace obsolete lines or systems.
| 23 | | (c) The commissioners may establish an assistance program.
| 24 | | (d) The commissioners are authorized to do any one or more | 25 | | of the following
with respect to the assistance program:
| 26 | | (1) Establish the assistance program as a use or |
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| 1 | | appropriation within the
corporate fund of the district.
| 2 | | (2) Accept grants, borrow funds, and appropriate | 3 | | lawfully available funds
for the purpose of funding the | 4 | | assistance program.
| 5 | | (3) Make the loans as provided in subsection (e).
| 6 | | (4) Enforce loans with all available remedies as any | 7 | | governmental
unit or private person might have with respect | 8 | | to such loans.
| 9 | | (e) The district shall have the power to make loans and | 10 | | local governmental
units shall have the power to obtain loans | 11 | | from the district, but only if
authorized to borrow under such | 12 | | powers as may be granted to such local
governmental units under | 13 | | other applicable law. This Section does not grant
local | 14 | | governmental units separate borrowing power. If authorized to | 15 | | issue
bonds under such applicable law, however, the form of the | 16 | | borrowing may be such
as the district and the local | 17 | | governmental unit may agree, including, without
limitation, a | 18 | | loan agreement made between the district and local governmental
| 19 | | unit to evidence the bond. Any such loan agreement shall state | 20 | | the statutory
authority under applicable law for the bond it | 21 | | represents but otherwise need
not be in any specific form. The | 22 | | district shall have all rights and remedies
available to the | 23 | | holder of a bond otherwise issued in the form provided for
same | 24 | | under applicable law and also such rights and remedies as may | 25 | | be
additionally available under subsection (d)(4) of this | 26 | | Section.
The loans may be made upon such terms and at such |
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| 1 | | rates, including expressly
below market rates, representing a | 2 | | subsidy of funds from the district to the
local governmental | 3 | | units, as the district may specify in the loan agreements.
| 4 | | (f) The district may borrow money and issue its
assistance | 5 | | bonds under this Section 9.6c for the purpose of funding the
| 6 | | assistance program, which bonds shall be alternate revenue | 7 | | bonds payable from any
lawfully available revenue source, | 8 | | including without limitation receipts
from the loans. | 9 | | Assistance
bonds shall not be subject to any referendum
| 10 | | requirement and shall not be treated as indebtedness under any | 11 | | applicable
provision of law setting forth a limitation upon or | 12 | | requirement with respect to
the legal indebtedness of the | 13 | | district.
| 14 | | (Source: P.A. 90-690, eff. 7-31-98.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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