Full Text of HB0983 98th General Assembly
HB0983ham002 98TH GENERAL ASSEMBLY | Rep. David McSweeney Filed: 3/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 983
| 2 | | AMENDMENT NO. ______. Amend House Bill 983 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Local Government Debt Reform Act is amended | 5 | | by changing Section 15 as follows:
| 6 | | (30 ILCS 350/15) (from Ch. 17, par. 6915)
| 7 | | Sec. 15. Double-barrelled bonds. Whenever revenue bonds | 8 | | have been
authorized to be issued pursuant to applicable law or | 9 | | whenever there exists
for a governmental unit a revenue source, | 10 | | the procedures set forth in this
Section may be used by a | 11 | | governing body. General obligation bonds may be
issued in lieu | 12 | | of such revenue bonds as authorized, and general obligation
| 13 | | bonds may be issued payable from any revenue source. Such | 14 | | general
obligation bonds may be referred to as "alternate | 15 | | bonds". Alternate bonds
may be issued without any referendum or | 16 | | backdoor referendum except as
provided in this Section, upon |
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| 1 | | the terms provided in Section 10 of this Act
without reference | 2 | | to other provisions of law, but only upon the conditions
| 3 | | provided in this Section. Alternate bonds shall not be regarded | 4 | | as or
included in any computation of indebtedness for the | 5 | | purpose of any
statutory provision or limitation except as | 6 | | expressly provided in this Section.
| 7 | | Such conditions are:
| 8 | | (a) Alternate bonds shall be issued for a lawful
corporate | 9 | | purpose. If issued in lieu of revenue bonds, alternate bonds
| 10 | | shall be issued for the purposes for which such revenue bonds | 11 | | shall have
been authorized. If issued payable from a revenue | 12 | | source in the manner
hereinafter provided, which revenue source | 13 | | is limited in its purposes or
applications, then the alternate | 14 | | bonds shall be issued only for such
limited purposes or | 15 | | applications. Alternate bonds may be issued payable
from either | 16 | | enterprise revenues or revenue sources, or both.
| 17 | | (b) Alternate bonds shall be subject to backdoor | 18 | | referendum. The
provisions of Section 5 of this Act shall apply | 19 | | to such backdoor
referendum, together with the provisions | 20 | | hereof. The authorizing ordinance
shall be published in a | 21 | | newspaper of general circulation in the
governmental unit. | 22 | | Along with or as part of the authorizing ordinance,
there shall | 23 | | be published a notice of (1) the specific number of voters
| 24 | | required to sign a petition requesting that the issuance of the | 25 | | alternate
bonds be submitted to referendum, (2) the time when | 26 | | such petition must
be filed, (3) the date of the prospective |
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| 1 | | referendum, and
(4), with respect to authorizing ordinances | 2 | | adopted on or after January 1,
1991, a statement that | 3 | | identifies any revenue source that will be used to
pay debt | 4 | | service on the alternate bonds.
The clerk or
secretary of the | 5 | | governmental unit shall make a petition form available to
| 6 | | anyone requesting one. | 7 | | In governmental units with 500,000 or more inhabitants, if | 8 | | If no petition is filed with the clerk or secretary
within 30 | 9 | | days of publication of the authorizing ordinance and notice, | 10 | | the
alternate bonds shall be authorized to be issued. But if | 11 | | within this 30
days period, a petition is filed with such clerk | 12 | | or secretary signed by
electors numbering the greater of (i) | 13 | | 7.5% of the registered
voters in the governmental unit or (ii) | 14 | | 200 of those registered voters or
15% of those registered | 15 | | voters, whichever is less,
asking that the issuance of such | 16 | | alternate bonds be submitted to
referendum, the clerk or | 17 | | secretary shall certify such question for
submission at an | 18 | | election held in accordance with the general election law.
| 19 | | In governmental units with fewer than 500,000 inhabitants, | 20 | | if no petition is filed with the clerk or secretary
within 45 | 21 | | days of publication of the authorizing ordinance and notice, | 22 | | the
alternate bonds shall be authorized to be issued. But if, | 23 | | within this 45-day period, a petition is filed with such clerk | 24 | | or secretary signed by the necessary number of electors, asking | 25 | | that the issuance of such alternate bonds be submitted to
| 26 | | referendum, the clerk or secretary shall certify such question |
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| 1 | | for
submission at an election held in accordance with the | 2 | | general election law. In governmental units with fewer than | 3 | | 500,000 inhabitants, the necessary number of electors for a | 4 | | governmental unit with more than 4,000 registered voters is the | 5 | | lesser of (i) 5% of the registered voters or (ii) 5,000 | 6 | | registered voters. The necessary number of electors for a | 7 | | governmental unit with 4,000 or fewer registered voters is the | 8 | | lesser of (i) 15% of the registered voters or (ii) 200 | 9 | | registered voters. | 10 | | The question on the ballot shall include a statement of any
| 11 | | revenue source that will be used to pay debt service on
the | 12 | | alternate bonds. The alternate bonds shall be authorized to be | 13 | | issued
if a majority of the votes cast on the question at such | 14 | | election are in
favor thereof
provided that notice of the bond | 15 | | referendum, if held before July 1, 1999,
has been given in | 16 | | accordance with the provisions of Section
12-5
of the Election | 17 | | Code
in effect at the time of the bond referendum, at least 10 | 18 | | and not more than
45 days before the date of
the election, | 19 | | notwithstanding the time for publication otherwise imposed by
| 20 | | Section 12-5.
Notices required in connection with the | 21 | | submission of public questions
on or after July 1, 1999 shall | 22 | | be as set forth in Section 12-5 of the Election
Code.
Backdoor | 23 | | referendum proceedings for bonds and alternate
bonds to be | 24 | | issued in lieu of such bonds may be conducted at the same time.
| 25 | | (c) To the extent payable from enterprise revenues, such | 26 | | revenues shall
have been determined by the governing body to be |
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| 1 | | sufficient to provide for
or pay in each year to final maturity | 2 | | of such alternate bonds all of the
following: (1) costs of | 3 | | operation and maintenance of the utility or
enterprise, but not | 4 | | including depreciation, (2) debt service on all
outstanding | 5 | | revenue bonds payable from such enterprise revenues, (3) all
| 6 | | amounts required to meet any fund or account requirements with | 7 | | respect to
such outstanding revenue bonds, (4) other | 8 | | contractual or tort liability
obligations, if any, payable from | 9 | | such enterprise revenues, and (5) in each
year, an amount not | 10 | | less than 1.25 times debt service of all (i) alternate
bonds | 11 | | payable from such enterprise revenues previously issued and
| 12 | | outstanding and (ii) alternate bonds proposed to be issued.
To | 13 | | the extent
payable from one or more revenue sources, such | 14 | | sources shall have been
determined by the governing body to | 15 | | provide in each year, an amount not
less than 1.25 times debt | 16 | | service of all alternate bonds payable from such
revenue | 17 | | sources previously issued and outstanding and alternate bonds
| 18 | | proposed to be issued.
The 1.25 figure in the preceding | 19 | | sentence shall be reduced to 1.10 if the
revenue source is a | 20 | | governmental revenue source.
The conditions enumerated in this | 21 | | subsection (c)
need not be met for that amount of debt service | 22 | | provided for by the setting
aside of proceeds of bonds or other | 23 | | moneys at the time of the delivery of
such bonds.
| 24 | | (c-1) In the case of alternate bonds issued as variable | 25 | | rate bonds
(including
refunding bonds), debt service shall be | 26 | | projected based on the rate for the
most recent
date shown in |
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| 1 | | the 20 G.O. Bond Index of average municipal bond yields as
| 2 | | published in
the most recent edition of The Bond Buyer | 3 | | published in New York, New York (or
any
successor publication | 4 | | or index, or if such publication or index is no longer
| 5 | | published,
then any index of long-term municipal tax-exempt | 6 | | bond yields selected by the
governmental unit), as of the date | 7 | | of determination referred to in subsection (c) of this
Section. | 8 | | Any interest or fees that may be payable to the provider of a | 9 | | letter of credit, line
of credit, surety bond, bond insurance, | 10 | | or other credit enhancement relating to such
alternate bonds | 11 | | and any fees that may be payable to any remarketing agent need | 12 | | not be
taken into account for purposes of such projection. If | 13 | | the governmental unit enters into
an agreement in connection | 14 | | with such alternate bonds at the time of issuance
thereof
| 15 | | pursuant to which the governmental unit agrees for a specified | 16 | | period of time
to pay an
amount calculated at an agreed-upon | 17 | | rate or index based on a notional amount
and the other party | 18 | | agrees to pay the governmental unit an amount calculated at
an | 19 | | agreed-upon rate or index based on such notional amount, | 20 | | interest
shall be projected for such specified period of time | 21 | | on the basis of the
agreed-upon rate
payable by the | 22 | | governmental unit.
| 23 | | (d) The determination of the sufficiency of enterprise | 24 | | revenues or a
revenue source, as applicable, shall be supported | 25 | | by reference to the most
recent audit of the governmental unit, | 26 | | which shall be for a fiscal year
ending not earlier than 18 |
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| 1 | | months previous to the time of issuance of the
alternate bonds. | 2 | | If such audit does not adequately show such enterprise
revenues | 3 | | or revenue source, as applicable, or if such enterprise | 4 | | revenues
or revenue source, as applicable, are shown to be | 5 | | insufficient, then the
determination of sufficiency shall be | 6 | | supported by the report of an
independent accountant or | 7 | | feasibility analyst, the latter having a national
reputation
| 8 | | for expertise in such matters, who is not otherwise involved in | 9 | | the project, demonstrating the sufficiency of such
revenues and | 10 | | explaining, if appropriate, by what means the revenues will be
| 11 | | greater than as shown in the audit. Whenever such sufficiency | 12 | | is
demonstrated by reference to a schedule of higher rates or | 13 | | charges for
enterprise revenues or a higher tax imposition for | 14 | | a revenue source, such
higher rates, charges or taxes shall | 15 | | have been properly imposed by an
ordinance adopted prior to the | 16 | | time of delivery of alternate bonds. The
reference to and | 17 | | acceptance of an audit or report, as the case may be, and
the | 18 | | determination of the governing body as to sufficiency of | 19 | | enterprise
revenues or a revenue source shall be conclusive | 20 | | evidence that the
conditions of this Section have been met and | 21 | | that the alternate bonds
are valid.
| 22 | | (e) The enterprise revenues or revenue source, as | 23 | | applicable, shall be
in fact pledged to the payment of the | 24 | | alternate bonds; and the governing
body shall covenant, to the | 25 | | extent it is empowered to do so, to provide
for, collect and | 26 | | apply such enterprise revenues or revenue source, as
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| 1 | | applicable, to the payment of the alternate bonds and the | 2 | | provision of
not less than an additional .25 (or .10 for | 3 | | governmental revenue sources)
times debt service. The pledge | 4 | | and
establishment of rates or charges for enterprise revenues, | 5 | | or the
imposition of taxes in a given rate or amount, as | 6 | | provided in this Section
for alternate bonds, shall constitute | 7 | | a continuing obligation of the
governmental unit with respect | 8 | | to such establishment or imposition and a
continuing | 9 | | appropriation of the amounts received. All covenants relating
| 10 | | to alternate bonds and the conditions and obligations imposed | 11 | | by this
Section are enforceable by any bondholder of alternate | 12 | | bonds affected, any
taxpayer of the governmental unit, and the | 13 | | People of the State of Illinois
acting through the Attorney | 14 | | General or any designee, and in the event that
any such action | 15 | | results in an order finding that the governmental unit has
not | 16 | | properly set rates or charges or imposed taxes to the extent it | 17 | | is
empowered to do so or collected and applied enterprise | 18 | | revenues or any
revenue source, as applicable, as required by | 19 | | this Act, the plaintiff in
any such action shall be awarded | 20 | | reasonable attorney's fees. The intent is
that such enterprise | 21 | | revenues or revenue source, as applicable, shall be
sufficient | 22 | | and shall be applied to the payment of debt service on such
| 23 | | alternate bonds so that taxes need not be levied, or if levied | 24 | | need not be
extended, for such payment. Nothing in this Section | 25 | | shall inhibit or
restrict the authority of a governing body to | 26 | | determine the lien priority
of any bonds, including alternate |
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| 1 | | bonds, which may be issued with respect
to any enterprise | 2 | | revenues or revenue source.
| 3 | | In the event that alternate bonds shall have been issued | 4 | | and taxes, other
than a designated revenue source, shall have | 5 | | been extended pursuant to the
general obligation, full faith | 6 | | and credit promise supporting such alternate
bonds, then the | 7 | | amount of such alternate bonds then outstanding shall be
| 8 | | included in the computation of indebtedness of the governmental | 9 | | unit for
purposes of all statutory provisions or limitations | 10 | | until such time as an
audit of the governmental unit shall show | 11 | | that the alternate bonds have
been paid from the enterprise | 12 | | revenues or revenue source, as applicable,
pledged thereto for | 13 | | a complete fiscal year.
| 14 | | Alternate bonds may be issued to refund or advance refund | 15 | | alternate bonds
without meeting any of the conditions set forth | 16 | | in this Section, except
that the term of the refunding bonds | 17 | | shall not be longer than the term of
the refunded bonds and | 18 | | that the debt service payable in any year on the
refunding | 19 | | bonds shall not exceed the debt service payable in such year on
| 20 | | the refunded bonds.
| 21 | | Once issued, alternate bonds shall be and forever remain | 22 | | until paid or
defeased the general obligation of the | 23 | | governmental unit, for the payment
of which its full faith and | 24 | | credit are pledged, and shall be payable from
the levy of taxes | 25 | | as is provided in this Act for general obligation bonds.
| 26 | | The changes made by this amendatory Act of 1990 do not |
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| 1 | | affect the
validity of bonds authorized before September 1, | 2 | | 1990.
| 3 | | (Source: P.A. 97-542, eff. 8-23-11.)
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.".
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