Bill Text: IL SB1680 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Local Governmental Employees Political Rights Act. Provides that a member of any police department or Sheriff's department (as well as a member of any fire department or fire protection district) may be a candidate for or appointed to any public office. Further provides that a police officer or Sheriff's deputy (as well as a firefighter) who is elected to the Illinois General Assembly shall be granted a leave of absence from his or her employer without compensation during his or her term of office. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1160 [SB1680 Detail]
Download: Illinois-2013-SB1680-Enrolled.html
Bill Title: Amends the Local Governmental Employees Political Rights Act. Provides that a member of any police department or Sheriff's department (as well as a member of any fire department or fire protection district) may be a candidate for or appointed to any public office. Further provides that a police officer or Sheriff's deputy (as well as a firefighter) who is elected to the Illinois General Assembly shall be granted a leave of absence from his or her employer without compensation during his or her term of office. Effective immediately.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Passed) 2015-01-09 - Public Act . . . . . . . . . 98-1160 [SB1680 Detail]
Download: Illinois-2013-SB1680-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Home Equity Assurance Act is amended by | ||||||
5 | changing Section 11 as follows:
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6 | (65 ILCS 95/11) (from Ch. 24, par. 1611)
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7 | Sec. 11. Guarantee Fund.
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8 | (a) Each governing commission and program
created by | ||||||
9 | referendum under the provisions of this Act shall maintain a
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10 | guarantee fund for the purposes of paying the costs of | ||||||
11 | administering the
program and extending protection to members | ||||||
12 | pursuant to the limitations and
procedures set forth in this | ||||||
13 | Act.
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14 | (b) The guarantee fund shall be raised by means of an | ||||||
15 | annual tax levied
on all residential property within the | ||||||
16 | territory of the program having at
least one, but not more than | ||||||
17 | 6 dwelling units and classified by county
ordinance as | ||||||
18 | residential. The rate of this tax may be changed from year to
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19 | year by majority vote of the governing commission but in no | ||||||
20 | case shall it
exceed a rate of .12% of the equalized assessed | ||||||
21 | valuation of all property
in the territory of the program | ||||||
22 | having at least one, but not
more than 6 dwelling units and | ||||||
23 | classified by county ordinance as
residential, or the maximum |
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1 | tax rate approved by the voters of the
territory at the | ||||||
2 | referendum which created the program
or, in the case of a | ||||||
3 | merged program, the maximum tax rate approved by
the voters at | ||||||
4 | the referendum authorizing the merger, whichever rate is
lower. | ||||||
5 | The commissioners shall cause the amount to be
raised by | ||||||
6 | taxation in each year to be certified to the county clerk in | ||||||
7 | the
manner provided by law, and any tax so levied and certified | ||||||
8 | shall be
collected and enforced in the same manner and by the | ||||||
9 | same officers as those
taxes for the purposes of the county and | ||||||
10 | city within which the territory of
the commission is located. | ||||||
11 | Any such tax, when collected, shall be paid
over to the proper | ||||||
12 | officer of the commission who is authorized to receive
and | ||||||
13 | receipt for such tax. The governing commission may issue tax
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14 | anticipation warrants against the taxes to be assessed for the | ||||||
15 | calendar
year in which the program is created and for the first | ||||||
16 | full calendar year
after the creation of the program.
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17 | (c) The moneys deposited in the guarantee fund shall, as | ||||||
18 | nearly as
practicable, be fully and continuously invested or | ||||||
19 | reinvested by the
governing commission in investment | ||||||
20 | obligations which shall be in such
amounts, and shall mature at | ||||||
21 | such times, that the maturity or date of
redemption at the | ||||||
22 | option of the holder of such investment obligations shall
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23 | coincide, as nearly as practicable, with the times at which | ||||||
24 | monies will be
required for the purposes of the program. For | ||||||
25 | the purposes of this
Section investment obligation shall mean | ||||||
26 | direct general municipal, state,
or federal obligations which |
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1 | at the time are legal investments under the
laws of this State | ||||||
2 | and the payment of principal of and interest on which
are | ||||||
3 | unconditionally guaranteed by the governing body issuing them.
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4 | (d) Except as permitted by this subsection and subsection | ||||||
5 | (d-5),
the guarantee fund shall be used solely and exclusively | ||||||
6 | for the
purpose of providing guarantees to members of the | ||||||
7 | particular Guaranteed
Home Equity Program and for reasonable | ||||||
8 | salaries, expenses, bills,
and fees incurred in administering | ||||||
9 | the program, and shall be used for no other
purpose.
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10 | A governing commission, with no less than $4,000,000 in its | ||||||
11 | guarantee
fund,
may, if authorized by referendum duly adopted | ||||||
12 | by a majority of the voters,
establish a Low
Interest
Home | ||||||
13 | Improvement Loan Program in accordance with and subject to | ||||||
14 | procedures
established by a financial institution, as defined | ||||||
15 | in the Illinois Banking Act.
Whenever
the question of creating | ||||||
16 | a Low Interest Home Improvement Loan Program is
initiated by
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17 | resolution or ordinance of the corporate authorities of the | ||||||
18 | municipality or by
a petition
signed by not less than 10% of | ||||||
19 | the total number of registered voters of each
precinct in
the | ||||||
20 | territory, the registered voters of which are eligible to sign | ||||||
21 | the
petition, it shall be the
duty of the election authority | ||||||
22 | having jurisdiction over the municipality to
submit the
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23 | question of creating the program to the electors of each | ||||||
24 | precinct within the
territory at
the regular election specified | ||||||
25 | in the resolution, ordinance, or petition
initiating the
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26 | question. A petition initiating a question described in this |
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1 | subsection shall
be filed with
the election authority having | ||||||
2 | jurisdiction over the municipality. The petition
shall be filed
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3 | and objections to the petition shall be made in the manner | ||||||
4 | provided in the
Election Code.
A resolution, ordinance, or | ||||||
5 | petition initiating a question described in this
subsection | ||||||
6 | shall
specify the election at which the question is to be | ||||||
7 | submitted. The referendum
on the
question shall be held in | ||||||
8 | accordance with the Election Code. The question
shall be in | ||||||
9 | substantially the
following form:
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10 | "Shall the (name of the home equity program) implement | ||||||
11 | a Low Interest Home
Improvement Loan Program with money | ||||||
12 | from the guarantee fund of the established
guaranteed home | ||||||
13 | equity program?"
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14 | The votes must be recorded as "Yes" or "No".
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15 | Whenever a majority of the voters on the public question | ||||||
16 | approve the
creation of
the program as certified by the proper | ||||||
17 | election authorities, the commission
shall
establish the | ||||||
18 | program and administer the program with funds collected under | ||||||
19 | the
Guaranteed Home Equity
Program, subject to the following | ||||||
20 | conditions:
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21 | (1) At any given time, the cumulative total of all | ||||||
22 | loans and loan
guarantees
(if applicable) issued under this | ||||||
23 | program may not reduce the balance of the
guarantee
fund to | ||||||
24 | less than $3,000,000.
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25 | (2) Only eligible applicants may apply for a
loan.
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26 | (3) The loan must be used for the repair, maintenance, |
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1 | remodeling,
alteration, or improvement of a guaranteed | ||||||
2 | residence. This condition is intended to include the repair | ||||||
3 | or maintenance of a guaranteed residence's water and sewer | ||||||
4 | pipes and repair of a guaranteed residence, including but | ||||||
5 | not limited to basement repairs, following flooding damage | ||||||
6 | to the property. This condition is not
intended to exclude | ||||||
7 | the repair, maintenance, remodeling, alteration, or
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8 | improvement of a guaranteed residence's landscape. This | ||||||
9 | condition is intended
to exclude the demolition of a | ||||||
10 | current residence. This condition is also
intended to | ||||||
11 | exclude
the construction of a new residence.
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12 | (4) An eligible applicant may not borrow more than the | ||||||
13 | amount of equity
value in his or her residence.
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14 | (5) A commission must ensure that loans issued are | ||||||
15 | secured with
collateral that is at least equal to the | ||||||
16 | amount of the loan or loan guarantee.
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17 | (6) A commission shall charge an interest rate which it | ||||||
18 | determines to be
below the market rate of interest | ||||||
19 | generally available to the applicant.
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20 | (7) A commission may, by resolution, establish other | ||||||
21 | administrative
rules and procedures as are necessary to | ||||||
22 | implement this program including, but
not limited to, loan | ||||||
23 | dollar amounts and terms. A commission may also impose
on | ||||||
24 | loan applicants a one-time application fee for the purpose | ||||||
25 | of defraying the
costs of administering the program.
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26 | (d-5) A governing commission, with no less than $4,000,000 |
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1 | in its guarantee fund, may, if authorized by referendum duly | ||||||
2 | adopted by a majority of the voters, establish a Foreclosure | ||||||
3 | Prevention Loan Fund to provide low interest emergency loans to | ||||||
4 | eligible applicants that may be forced into foreclosure | ||||||
5 | proceedings. | ||||||
6 | Whenever the question of creating a Foreclosure Prevention | ||||||
7 | Loan Fund is initiated by resolution or ordinance of the | ||||||
8 | corporate authorities of the municipality or by a petition | ||||||
9 | signed by not less than 10% of the total number of registered | ||||||
10 | voters of each precinct in the territory, the registered voters | ||||||
11 | of which are eligible to sign the petition, it shall be the | ||||||
12 | duty of the election authority having jurisdiction over the | ||||||
13 | municipality to submit the question of creating the program to | ||||||
14 | the electors of each precinct within the territory at the | ||||||
15 | regular election specified in the resolution, ordinance, or | ||||||
16 | petition initiating the question. A petition initiating a | ||||||
17 | question described in this subsection shall be filed with the | ||||||
18 | election authority having jurisdiction over the municipality. | ||||||
19 | The petition shall be filed and objections to the petition | ||||||
20 | shall be made in the manner provided in the Election Code. A | ||||||
21 | resolution, ordinance, or petition initiating a question | ||||||
22 | described in this subsection shall specify the election at | ||||||
23 | which the question is to be submitted. The referendum on the | ||||||
24 | question shall be held in accordance with the Election Code. | ||||||
25 | The question shall be in substantially the following form: | ||||||
26 | "Shall the (name of the home equity program) implement a |
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1 | Foreclosure Prevention Loan Fund with money from the guarantee | ||||||
2 | fund of the established guaranteed home equity program?" | ||||||
3 | The votes must be recorded as "Yes" or "No". | ||||||
4 | Whenever a majority of the voters on the public question | ||||||
5 | approve the creation of a Foreclosure Prevention Loan Fund as | ||||||
6 | certified by the proper election authorities, the commission | ||||||
7 | shall establish the program and administer the program with | ||||||
8 | funds collected under the Guaranteed Home Equity Program, | ||||||
9 | subject to the following conditions: | ||||||
10 | (1) At any given time, the cumulative total of all | ||||||
11 | loans and loan guarantees (if applicable) issued under this | ||||||
12 | program may not exceed $3,000,000. | ||||||
13 | (2) Only eligible applicants may apply for a loan. The | ||||||
14 | Commission may establish, by resolution, additional | ||||||
15 | criteria for eligibility. | ||||||
16 | (3) The loan must be used to assist with preventing | ||||||
17 | foreclosure proceedings. | ||||||
18 | (4) An eligible applicant may not borrow more than the | ||||||
19 | amount of equity value in his or her residence. | ||||||
20 | (5) A commission must ensure that loans issued are | ||||||
21 | secured as a second lien on the property. | ||||||
22 | (6) A commission shall charge an interest rate which it | ||||||
23 | determines to be below the market rate of interest | ||||||
24 | generally available to the applicant. | ||||||
25 | (7) A commission may, by resolution, establish other | ||||||
26 | administrative rules and procedures as are necessary to |
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1 | implement this program including, but not limited to, | ||||||
2 | eligibility requirements for eligible applicants, loan | ||||||
3 | dollar amounts, and loan terms. | ||||||
4 | (8) A commission may also impose on loan applicants a | ||||||
5 | one-time application fee for the purpose of defraying the | ||||||
6 | costs of administering the program. | ||||||
7 | (e) The guarantee fund shall be maintained, invested, and | ||||||
8 | expended
exclusively by the governing commission of the program | ||||||
9 | for whose purposes
it was created. Under no circumstance shall | ||||||
10 | the guarantee fund be used by
any person or persons, | ||||||
11 | governmental body, or public or private agency or
concern other | ||||||
12 | than the governing commission of the program for whose
purposes | ||||||
13 | it was created. Under no circumstances shall the guarantee fund | ||||||
14 | be
commingled with other funds or investments.
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15 | (e-1) No commissioner or family member of a commissioner, | ||||||
16 | or employee or
family member of an employee, may receive any
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17 | financial benefit, either directly or indirectly, from the | ||||||
18 | guarantee fund.
Nothing in this subsection (e-1) shall be | ||||||
19 | construed to prohibit payment of
expenses to a commissioner in | ||||||
20 | accordance with Section 4 or payment of salaries
or expenses to | ||||||
21 | an employee in accordance with this Section.
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22 | As used in this subsection (e-1), "family member" means a | ||||||
23 | spouse, child,
stepchild, parent, brother, or sister of a | ||||||
24 | commissioner or a child, stepchild,
parent, brother, or sister | ||||||
25 | of a commissioner's spouse.
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26 | (f) An independent audit of the guarantee fund and the |
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1 | management of the
program shall be conducted annually and made | ||||||
2 | available to the public
through any office of the governing | ||||||
3 | commission or a public facility such as
a local public library | ||||||
4 | located within the territory of the program.
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5 | (Source: P.A. 95-691, eff. 6-1-08 .)
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