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92nd General Assembly

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Public Act 92-0078

SB961 Enrolled                                 LRB9206424MWcd

    AN ACT concerning local government debt.

    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 Section 13 as follows:

    (30 ILCS 350/13) (from Ch. 17, par. 6913)
    Sec. 13.   Certain  pledges.   A  governmental  unit  may
pledge,  as  security  for  the  payment  of  its  bonds, (1)
revenues derived from the operation of any utility system  or
revenue  producing  enterprise, (2) moneys deposited or to be
deposited into any special fund of the governmental unit, (3)
grants or other revenues or taxes expected to be received  by
the  governmental  unit from the State or federal government,
including taxes imposed by the governmental unit pursuant  to
grant  of  authority by the State, such as sales or use taxes
or utility taxes, (4) special  assessments  to  be  collected
with  respect  to  a  local  improvement  financed  with  the
proceeds  of  bonds,  or  (5)  payments to be made by another
governmental unit  pursuant  to  a  service,  user  or  other
similar agreement with such governmental unit.
    Any  such  pledge  made  by  a governmental unit shall be
valid and binding from the time such  pledge  is  made.   The
revenues,  moneys  and  other funds so pledged and thereafter
received  by  the  governmental  unit  shall  immediately  be
subject to the lien  of  such  pledge  without  any  physical
delivery  thereof  or  further  act; and, subject only to the
provisions of prior agreements, the lien of such pledge shall
be valid and binding as against all parties having claims  of
any   kind   in  tort,  contract  or  otherwise  against  the
governmental unit irrespective of whether such  parties  have
notice  thereof.  Pursuant to any such pledge, a governmental
unit may bind itself to impose rates, charges or taxes to the
fullest extent permitted by applicable law.    No  ordinance,
resolution, trust agreement or other instrument by which such
pledge  is  created  need  be filed or recorded except in the
records of the governmental unit.
    The  State  Treasurer,   the   State   Comptroller,   the
Department  of Revenue, the Department of Transportation, the
State  Superintendent   of   Education,   or   any   Regional
Superintendent  of  Schools  shall  deposit  or  cause  to be
deposited any amount of grants or  other  revenues  or  taxes
expected to be received by a qualified governmental unit from
that official or entity that have been pledged to the payment
of  bonds  of  the qualified governmental unit, in accordance
with the authorization of the  qualified  governmental  unit,
directly  into a designated escrow account established by the
qualified governmental unit at a trust company or bank having
trust powers.  The  ordinance  authorizing  that  disposition
shall, within 10 days after adoption by the governing body of
the  qualified  governmental unit, be filed with the official
or entity having custody  of  the  pledged  grants  or  other
revenues or taxes.
    For the purposes of this Section, "qualified governmental
unit"  means a governmental unit (i) that has issued not less
than $6,000,000 principal  amount  of  bonds,  including  the
principal  amount  of bonds to be secured by the deposit into
the designated escrow account, during the 24 months preceding
the adoption of the ordinance authorizing the  deposit,  (ii)
whose bonds secured by the deposit into the designated escrow
account  are  rated  without regard to any credit enhancement
within  the  3   highest   general   rating   classifications
established  by  a  rating  service  of nationally recognized
expertise  in  rating   bonds   of   states   and   political
subdivisions   of   states,   (iii)  that  has  received  the
Certificate  of  Achievement  for  Excellence  in   Financial
Reporting from the Government Finance Officers Association or
the  equivalent award from the Association of School Business
Officials International during the 24  months  preceding  the
adoption  of  the  ordinance authorizing the deposit, or (iv)
that represents a population in excess of 300,000.
(Source: P.A. 91-868, eff. 6-22-00.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.
    Passed in the General Assembly April 26, 2001.
    Approved July 12, 2001.
    Effective July 12, 2001.

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