State of Illinois
90th General Assembly
Legislation

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90_HB2181

      30 ILCS 350/10            from Ch. 17, par. 6910
      30 ILCS 350/11            from Ch. 17, par. 6911
          Amends the Local Government Debt  Reform  Act.   Provides
      that   the  ordinance  adopted  by  a  governing  body  under
      applicable law authorizing bonds  shall,  in  all  instances,
      become  effective  immediately without publication or posting
      or any further act or requirement.  Deletes similar  language
      that applied only to refunding bonds.  Effective immediately.
                                                     LRB9002589DNkb
                                               LRB9002589DNkb
 1        AN  ACT  to amend the Local Government Debt Reform Act by
 2    changing Sections 10 and 11.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Local  Government  Debt  Reform Act is
 6    amended by changing Sections 10 and 11 as follows:
 7        (30 ILCS 350/10) (from Ch. 17, par. 6910)
 8        Sec.  10.   General  provisions.   Bonds  authorized   by
 9    applicable law may be issued in one or more series, bear such
10    date  or  dates,  become  due at such time or times within 40
11    years, except as expressly limited by  applicable  law,  bear
12    interest  payable at such intervals and at such rate or rates
13    as authorized under applicable law, which rates may be  fixed
14    or  variable,  be  in  such  denominations,  be in such form,
15    either  coupon,  registered   or   book-entry,   carry   such
16    conversion, registration, and exchange privileges, be subject
17    to defeasance upon such terms, have such rank or priority, be
18    executed in such manner, be payable in such medium of payment
19    at  such  place  or  places  within  or  without the State of
20    Illinois, make provision for a corporate  trustee  within  or
21    without  the  State with respect to such bonds, prescribe the
22    rights, powers and duties thereof to  be  exercised  for  the
23    benefit  of  the  governmental unit and the protection of the
24    bondholders, provide for the holding in trust, investment and
25    use of moneys, funds and accounts held  under  an  ordinance,
26    provide for assignment of and direct payment of the moneys to
27    pay such bonds or to be deposited into such funds or accounts
28    directly  to  such  trustee,  be  subject  to  such  terms of
29    redemption with or without  premium,  and  be  sold  in  such
30    manner  at  private  or public sale and at such price, all as
31    the governing body shall determine.  Whenever such bonds  are
                            -2-                LRB9002589DNkb
 1    sold at price less than par, they shall be sold at such price
 2    and  bear interest at such rate or rates such that either the
 3    true interest cost (yield) or the net interest rate,  as  may
 4    be  selected by the governing body, received upon the sale of
 5    such  bonds  does  not  exceed  the  maximum  rate  otherwise
 6    authorized by applicable law.  The  ordinance  adopted  by  a
 7    governing  body under applicable law authorizing bonds shall,
 8    in  all  instances,  become  effective  immediately   without
 9    publication or posting or any further act or requirement.
10    (Source: P.A. 85-1419.)
11        (30 ILCS 350/11) (from Ch. 17, par. 6911)
12        Sec.  11.  Refundings and redemption premiums.  Bonds may
13    be refunded or  advance  refunded  upon  such  terms  as  the
14    governing  body may set in accordance with this Act, for such
15    term of years, not in excess of the  maximum  term  of  years
16    permitted by applicable law for the bonds to be refunded, and
17    in  such  principal amount, all as may be deemed necessary by
18    the governing body.  The ordinance  adopted  by  a  governing
19    body  under  applicable  law  authorizing  the  refunding  or
20    advance  refunding  of  revenue  bonds shall in all instances
21    become effective immediately without publication  or  posting
22    or  any  further  act  or  requirement.  Revenue bonds may be
23    issued to refund general obligation bonds or alternate  bonds
24    issued under this Act.  General obligation bonds shall not be
25    issued  to  refund revenue bonds or alternate bonds except as
26    expressly  permitted  by  applicable  law.   Any   redemption
27    premium  payable  upon the redemption of bonds may be payable
28    from the proceeds of refunding bonds which may be issued  for
29    the  purpose of refunding such bonds, from any other lawfully
30    available  source  or  from  both  proceeds  and  such  other
31    sources.
32    (Source: P.A. 85-1419.)
                            -3-                LRB9002589DNkb
 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.

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