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1 | AMENDMENT TO SENATE BILL 3776
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2 | AMENDMENT NO. ______. Amend Senate Bill 3776 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Private Activity Bond Approval Act. | ||||||
6 | Section 5. Public policy. It is the policy of this State | ||||||
7 | that in order to maintain an effective system of monitoring the | ||||||
8 | use of federal subsidies within the State, facilities within | ||||||
9 | the State proposed to be financed with bonds issued by an | ||||||
10 | issuer that does not have jurisdiction over the location of | ||||||
11 | those facilities must receive prior approval from the Governor | ||||||
12 | in accordance with this Act. | ||||||
13 | Section 10. Definition. "Host approval" means an approval | ||||||
14 | by an applicable elected representative of a governmental unit, | ||||||
15 | for purposes of Section 147(f)(2)(A)(ii) of the Internal |
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1 | Revenue Code, having jurisdiction over the area in which a | ||||||
2 | facility is located that is to be financed with bonds issued by | ||||||
3 | an issuer that does not have jurisdiction over the location of | ||||||
4 | the facility. | ||||||
5 | Section 15. Qualifications for facility requiring host | ||||||
6 | approval. | ||||||
7 | (a) Host approval shall not be granted unless and until the | ||||||
8 | Governor has received the items and information listed in | ||||||
9 | subsection (b) of this Section and has issued an approval as | ||||||
10 | set forth in subsection (c) of this Section. | ||||||
11 | (b) The following items and information must be received by | ||||||
12 | the Governor: | ||||||
13 | (1) a copy of the notice of public hearing pertaining | ||||||
14 | to the facilities; | ||||||
15 | (2) minutes or another official record of the public | ||||||
16 | hearing; | ||||||
17 | (3) the maximum stated principal amount of the bonds; | ||||||
18 | (4) a description of the facility, including its | ||||||
19 | location; | ||||||
20 | (5) a description of the plan of finance; | ||||||
21 | (6) the name of the issuer of the bonds; and | ||||||
22 | (7) the name of the initial owner or principal user of | ||||||
23 | the facility. | ||||||
24 | (c) If, and only if, the Governor determines that the | ||||||
25 | facility and the items and information submitted under |
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1 | subsection (b) of this Section are consistent with the laws and | ||||||
2 | public policy of the State and are in the best interest of the | ||||||
3 | State, then the Governor shall issue a written approval under | ||||||
4 | this Section authorizing the governmental unit to grant its | ||||||
5 | host approval in its discretion.
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6 | Section 99. Effective date. This Act takes effect January | ||||||
7 | 1, 2011.".
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