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Illinois General Assembly· SB 3925Governor Approved

HOME EQUITY-FLOOD REBATE, the official text

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SB3925 Enrolled                     LRB104 20718 RTM 34219 b

1   AN ACT concerning local government.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Home Equity Assurance Act is amended by

5 changing Section 11 as follows:

6   (65 ILCS 95/11) (from Ch. 24, par. 1611)

7   Sec. 11. Guarantee Fund.

8   (a) Each governing commission and program created by

9 referendum under the provisions of this Act shall maintain a

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.

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

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
    SB3925 Enrolled  -2-  LRB104 20718 RTM 34219 b

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

5 lower. The commissioners shall cause the amount to be raised

6 by 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

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.

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

21 at such times, that the maturity or date of redemption at the

22 option of the holder of such investment obligations shall

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
    SB3925 Enrolled  -3-  LRB104 20718 RTM 34219 b

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.

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.

10  A governing commission, with no less than $4,000,000 in

11 its guarantee fund, may, if authorized (i) by referendum duly

12 adopted by a majority of the voters or (ii) by resolution of

13 the governing commission upon approval by two-thirds of the

14 commissioners, establish a Low Interest Home Improvement Loan

15 Program in accordance with and subject to procedures

16 established by a financial institution, as defined in the

17 Illinois Banking Act. Whenever the question of creating a Low

18 Interest Home Improvement Loan Program is initiated by

19 resolution or ordinance of the corporate authorities of the

20 municipality or by a petition signed by not less than 10% of

21 the total number of registered voters of each precinct in the

22 territory, the registered voters of which are eligible to sign

23 the petition, it shall be the duty of the election authority

24 having jurisdiction over the municipality to submit the

25 question of creating the program to the electors of each

26 precinct within the territory at the regular election
    SB3925 Enrolled   -4-             LRB104 20718 RTM 34219 b

1 specified in the resolution, ordinance, or petition initiating

2 the question. A petition initiating a question described in

3 this subsection shall be filed with the election authority

4 having jurisdiction over the municipality. The petition shall

5 be filed and objections to the petition shall be made in the

6 manner provided in the Election Code. A resolution, ordinance,

7 or petition initiating a question described in this subsection

8 shall specify the election at which the question is to be

9 submitted. The referendum on the question shall be held in

10 accordance with the Election Code. The question shall be in

11 substantially the following form:

12  "Shall the (name of the home equity program) implement

13  a Low Interest Home Improvement Loan Program with money

14  from the guarantee fund of the established guaranteed home

15  equity program?"

16 The votes must be recorded as "Yes" or "No".

17  Whenever a majority of the voters on the public question

18 approve the creation of the program as certified by the proper

19 election authorities or a resolution of the governing

20 commission is approved by a two-thirds majority, the

21 commission shall establish the program and administer the

22 program with funds collected under the Guaranteed Home Equity

23 Program, subject to the following conditions:

24  (1) At any given time, the cumulative total of all

25  loans and loan guarantees (if applicable) issued under

26  this program may not reduce the balance of the guarantee
    SB3925 Enrolled  -5-           LRB104 20718 RTM 34219 b

1   fund to less than $3,000,000.

2   (2) Only eligible applicants may apply for a loan.

3   (3) The loan must be used for the repair, maintenance,

4   remodeling, alteration, or improvement of a guaranteed

5   residence. This condition is intended to include the

6   repair or maintenance of a guaranteed residence's water

7   and sewer pipes and repair of a guaranteed residence,

8   including, but not limited to, basement repairs, following

9   flooding damage or other natural disaster damage to the

10  property. This condition is not intended to exclude the

11  repair, maintenance, remodeling, alteration, or

12  improvement of a guaranteed residence's landscape. This

13  condition is intended to exclude the demolition of a

14  current residence. This condition is also intended to

15  exclude the construction of a new residence.

16  (4) An eligible applicant may not borrow more than the

17  amount of equity value in his or her residence.

18  (5) A commission must ensure that loans issued are

19  secured with collateral that is at least equal to the

20  amount of the loan or loan guarantee.

21  (6) A commission shall charge an interest rate which

22  it determines to be below the market rate of interest

23  generally available to the applicant.

24  (7) A commission may, by resolution, establish other

25  administrative rules and procedures as are necessary to

26  implement this program including, but not limited to, loan
    SB3925 Enrolled  -6-  LRB104 20718 RTM 34219 b

1   dollar amounts and terms. A commission may also impose on

2   loan applicants a one-time application fee for the purpose

3   of defraying the costs of administering the program.

4   (8) A commission may use loan funds to issue a grant or

5   rebate for repairs, maintenance, remodeling, alteration,

6   or improvement of a guaranteed residence for purposes of

7   preventing or repairing damage as a result of a natural

8   disaster, including, but not limited to, flooding.

9   (d-5) A governing commission, with no less than $4,000,000

10 in its guarantee fund, may, if authorized by referendum duly

11 adopted by a majority of the voters, establish a Foreclosure

12 Prevention Loan Fund to provide low interest emergency loans

13 to eligible applicants that may be forced into foreclosure

14 proceedings.

15  Whenever the question of creating a Foreclosure Prevention

16 Loan Fund is initiated by resolution or ordinance of the

17 corporate authorities of the municipality or by a petition

18 signed by not less than 10% of the total number of registered

19 voters of each precinct in the territory, the registered

20 voters of which are eligible to sign the petition, it shall be

21 the duty of the election authority having jurisdiction over

22 the municipality to submit the question of creating the

23 program to the electors of each precinct within the territory

24 at the regular election specified in the resolution,

25 ordinance, or petition initiating the question. A petition

26 initiating a question described in this subsection shall be
    SB3925 Enrolled  -7-                 LRB104 20718 RTM 34219 b

1 filed with the election authority having jurisdiction over the

2 municipality. The petition shall be filed and objections to

3 the petition shall be made in the manner provided in the

4 Election Code. A resolution, ordinance, or petition initiating

5 a question described in this subsection shall specify the

6 election at which the question is to be submitted. The

7 referendum on the question shall be held in accordance with

8 the Election Code. The question shall be in substantially the

9 following form:

10  "Shall the (name of the home equity program) implement a

11 Foreclosure Prevention Loan Fund with money from the guarantee

12 fund of the established guaranteed home equity program?"

13  The votes must be recorded as "Yes" or "No".

14  Whenever a majority of the voters on the public question

15 approve the creation of a Foreclosure Prevention Loan Fund as

16 certified by the proper election authorities, the commission

17 shall establish the program and administer the program with

18 funds collected under the Guaranteed Home Equity Program,

19 subject to the following conditions:

20  (1) At any given time, the cumulative total of all

21  loans and loan guarantees (if applicable) issued under

22  this program may not exceed $3,000,000.

23  (2) Only eligible applicants may apply for a loan. The

24  Commission may establish, by resolution, additional

25  criteria for eligibility.

26  (3) The loan must be used to assist with preventing
    SB3925 Enrolled           -8-    LRB104 20718 RTM 34219 b

1   foreclosure proceedings.

2   (4) An eligible applicant may not borrow more than the

3   amount of equity value in his or her residence.

4   (5) A commission must ensure that loans issued are

5   secured as a second lien on the property.

6   (6) A commission shall charge an interest rate which

7   it determines to be below the market rate of interest

8   generally available to the applicant.

9   (7) A commission may, by resolution, establish other

10  administrative rules and procedures as are necessary to

11  implement this program including, but not limited to,

12  eligibility requirements for eligible applicants, loan

13  dollar amounts, and loan terms.

14  (8) A commission may also impose on loan applicants a

15  one-time application fee for the purpose of defraying the

16  costs of administering the program.

17  (d-7) A governing commission may establish a program to

18 provide a one-time per household direct relief payment in the

19 form of a rebate to a member who owns a residence that is

20 subject to flood damage. The governing commission may

21 establish a limit on the amount of rebates that may be issued

22 under this subsection. Members shall be required to submit

23 qualified receipts to the governing showing costs incurred as

24 a result of flood damage to receive a rebate under the rebate

25 program established under this subsection. The rebate shall

26 provide up to 50% reimbursement, but shall not exceed $1,000.
   SB3925 Enrolled           -9-  LRB104 20718 RTM 34219 b

1 The rebate program shall last for 3 years unless reapproved by

2 the governing commission.

3  (d-10) The Northwest Home Equity Assurance Program may, if

4 authorized (i) by referendum approved by a majority of the

5 voters or (ii) by resolution of the governing commission upon

6 approval by two-thirds of the commissioners, establish a

7 Delinquent Tax Repayment Loan Fund to provide low-interest

8 emergency loans to eligible applicants.

9  If the question of creating a Delinquent Tax Repayment

10 Loan Fund is initiated by resolution or ordinance of the

11 corporate authorities of the municipality or by a petition

12 signed by not less than 10% of the total number of registered

13 voters of each precinct in the territory, the registered

14 voters of which are eligible to sign the petition, it shall be

15 the duty of the election authority having jurisdiction over

16 the municipality to submit the question of creating the

17 program to the electors of each precinct within the territory

18 at the regular election specified in the resolution,

19 ordinance, or petition initiating the question. A resolution,

20 ordinance, or petition initiating a question described in this

21 subsection shall be filed with the election authority having

22 jurisdiction over the municipality. The resolution, ordinance,

23 or petition shall be filed and objections to the resolution,

24 ordinance, or petition shall be made in the manner provided in

25 the Election Code. A resolution, ordinance, or petition

26 initiating a question described in this subsection shall
    SB3925 Enrolled    - 10 - LRB104 20718 RTM 34219 b

1 specify the election at which the question is to be submitted.

2 The referendum on the question shall be held in accordance

3 with the Election Code. The question shall be in substantially

4 the following form:

5   "Shall the (name of the home equity program) implement

6   a Delinquent Tax Repayment Loan Fund with money from the

7   guarantee fund of the Northwest Home Equity Assurance

8   Program?"

9   The votes must be recorded as "Yes" or "No".

10  If a majority of the voters on the question approve the

11 creation of a Delinquent Tax Repayment Loan Fund as certified

12 by the proper election authorities or two-thirds of the

13 commissioners, by resolution, approve the creation of a

14 Delinquent Tax Repayment Loan Fund, the commission shall

15 establish the program and administer the program with funds

16 collected under the program, subject to the following

17 conditions:

18  (1) At any given time, the cumulative total of all

19  loans and loan guarantees (if applicable) issued under

20  this program may not exceed $3,000,000.

21  (2) Only eligible applicants may apply for a loan. The

22  commission may establish, by resolution, additional

23  criteria for eligibility.

24  (3) The loan must be used to assist with repayment of

25  delinquent property taxes and for those facing imminent

26  delinquency.
    SB3925 Enrolled  - 11 - LRB104 20718 RTM 34219 b

1   (4) An eligible applicant may not borrow more than the

2   amount due to the treasurer's office.

3   (5) A commission shall charge an interest rate which

4   it determines to be below the market rate of interest

5   generally available to the applicant.

6   (6) A commission may, by resolution, establish other

7   administrative rules and procedures as are necessary to

8   implement this program including, but not limited to,

9   eligibility requirements for eligible applicants, loan

10  dollar amounts, and loan terms.

11  (7) Where practicable, it shall be required that a

12  borrower obtain free housing counseling services prior to

13  applying to this tax program for the purpose of assisting

14  with budgeting and providing a recommendation as to

15  whether this client is suited for this program.

16  (8) A commission may also impose on loan applicants a

17  one-time application fee for the purpose of defraying the

18  costs of administering the program.

19  (e) The guarantee fund shall be maintained, invested, and

20 expended exclusively by the governing commission of the

21 program for whose purposes it was created. Under no

22 circumstance shall the guarantee fund be used by any person or

23 persons, governmental body, or public or private agency or

24 concern other than the governing commission of the program for

25 whose purposes it was created. Under no circumstances shall

26 the guarantee fund be commingled with other funds or
    SB3925 Enrolled             - 12 - LRB104 20718 RTM 34219 b

1 investments.

2   (e-1) No commissioner or family member of a commissioner,

3 or employee or family member of an employee, may receive any

4 financial benefit, either directly or indirectly, from the

5 guarantee fund. Nothing in this subsection (e-1) shall be

6 construed to prohibit payment of expenses to a commissioner in

7 accordance with Section 4 or payment of salaries or expenses

8 to an employee in accordance with this Section.

9   As used in this subsection (e-1), "family member" means a

10 spouse, child, stepchild, parent, brother, or sister of a

11 commissioner or a child, stepchild, parent, brother, or sister

12 of a commissioner's spouse.

13  (f) An independent audit of the guarantee fund and the

14 management of the program shall be conducted annually and made

15 available to the public through any office of the governing

16 commission or a public facility such as a local public library

17 located within the territory of the program.

18 (Source: P.A. 102-599, eff. 1-1-22; 103-737, eff. 1-1-25.)
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