(65 ILCS 5/8-12-21) (from Ch. 24, par. 8-12-21)
Sec. 8-12-21.
The Authority in its sole discretion may intercept any
payments that the city from time to time is entitled to receive from any
funds then or thereafter held by the State Treasurer to the credit of the
city or otherwise in the custody of the State Treasurer to the credit of
the city, whether in or outside of the State Treasury, upon the occurrence
of any of the following:
(1) The financially distressed city's initial | ||
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(2) Any Financial Plan or Budget for any subsequent | ||
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(3) The financially distressed city materially | ||
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The intercept shall be made pursuant to written notice given by the
Authority to the State Comptroller and State Treasurer, setting forth the
amount of the intercept, which may be an aggregate amount not exceeding the
sum of the full amount of any outstanding State loans provided for the
benefit of the city pursuant to this Division or any other law of this
State, plus the full amount of all outstanding Obligations issued by the
Illinois Finance Authority on the financially
distressed city's
behalf in accordance with applicable provisions of the Illinois
Finance Authority Act. The State Comptroller and State Treasurer shall pay
to the Authority, from such funds as from time to time are legally
available therefor, the aggregate amount of the intercept, unless the
Authority sooner notifies the State Comptroller and State Treasurer in
writing that no further payments that the city is entitled to receive shall
be intercepted under the provisions of this Section.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-22) (from Ch. 24, par. 8-12-22)
Sec. 8-12-22.
(a) After the Authority has certified to the Governor
that the financially distressed city has completed 10 successive years of
balanced budgets:
(1) The powers and responsibilities granted or | ||
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(2) The provisions of Section 8-12-14 shall continue | ||
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(b) The Authority and the Illinois Finance
Authority
shall review each Budget, audit report and supplemental report filed with
them as provided in paragraph (2) of subsection (a). In the event the
financially distressed city fails to file any Budget or certified copy of
an audit report or supplemental report as provided in paragraph (2) of
subsection (a), or in the event the Illinois Finance
Authority,
after consultation with the Authority, determines that the Budget adopted
by the financially distressed city and filed as provided in paragraph (2)
of subsection (a) is not balanced as required under Section 8-12-14, the
Illinois Finance Authority shall certify such failure
to file, or
failure to adopt a Budget which is balanced as required, to the Governor;
and concurrent with that certification, the Authority established under
Section 8-12-5 and the financially distressed city shall resume the
exercise and performance of their respective powers and responsibilities
pursuant to each Section of this Division.
(c) When the Illinois Finance Authority determines
that
all of its Obligations have been fully paid and discharged or otherwise
provided for, it shall certify that fact to the Governor; and the Authority
established under Section 8-12-5 shall be abolished 30 days after the date
of that certification. Upon abolition of the Authority as provided in this
subsection, this Division shall have no further force or effect upon the
financially distressed city.
(Source: P.A. 93-205, eff. 1-1-04.)
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(65 ILCS 5/8-12-23) (from Ch. 24, par. 8-12-23)
Sec. 8-12-23.
A financially distressed city to which this Division
applies shall remain subject to all other applicable provisions of this
Act, except as limited by this Division; provided, however, that in case of
a conflict between the provisions of this Division and any other provision
of this Act, the provisions of this Division shall control.
(Source: P.A. 86-1211.)
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(65 ILCS 5/8-12-24) (from Ch. 24, par. 8-12-24)
Sec. 8-12-24.
A home rule unit which is a financially distressed city
to which this Division is applicable as provided in Section 8-12-4 may not
employ financial or fiscal accounting or budgetary procedures or systems,
nor place into effect any Financial Plan or Budget, nor enter into any
contract or make any expenditure, nor otherwise conduct its financial and
fiscal affairs or take other action in a manner inconsistent with the
provisions of this Division, until such time as the powers and
responsibilities of the Authority are terminated as provided in Section
8-12-22. This Section is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent exercise by home
rule units which are financially distressed cities to which this Division
is applicable as provided in Section 8-12-4 of powers and functions
exercised by the State.
(Source: P.A. 86-1211.)
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(65 ILCS 5/Art. 8 Div. 13 heading) DIVISION 13. ASSIGNMENT OF RECEIPTS
(Source: P.A. 100-23, eff. 7-6-17.) |
(65 ILCS 5/8-13-5) Sec. 8-13-5. Definitions. As used in this Article: "Assignment agreement" means an agreement between a transferring unit and an issuing entity for the conveyance of all or part of any revenues or taxes received by the transferring unit from a State entity. "Conveyance" means an assignment, sale, transfer, or other conveyance. "Deposit account" means a designated escrow account established by an issuing entity at a trust company or bank having trust powers for the deposit of transferred receipts under an assignment agreement. "Issuing entity" means (i) a corporation, trust or other entity that has been established for the limited purpose of issuing obligations for the benefit of a transferring unit, or (ii) a bank or trust company in its capacity as trustee for obligations issued by such bank or trust company for the benefit of a transferring unit. "State entity" means the State Comptroller, the State Treasurer, or the Illinois Department of Revenue. "Transferred receipts" means all or part of any revenues or taxes received from a State entity that have been conveyed by a transferring unit under an assignment agreement. "Transferring unit" means a home rule municipality located in the State.
(Source: P.A. 100-23, eff. 7-6-17.) |