State of Illinois
90th General Assembly
Legislation

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90_HR0022

                                               LRB9002479DNmb
 1                          HOUSE RESOLUTION
 2        WHEREAS,  The  use  of  certificates   of   participation
 3    prevents lawmakers from reviewing projects before the General
 4    Assembly is requested to pay for them; and
 5        WHEREAS,   Certificates  of  participation are being used
 6    for more than $175,000,000 worth of building projects; and
 7        WHEREAS,  Certificates   of   participation   require   a
 8    nonappropriation  clause  that  states  that  if  the General
 9    Assembly does not appropriate money for the  lease  payments,
10    the   purchase   contract   is  subject  to  termination  and
11    cancellation; and
12        WHEREAS,  Certificates  of  participation   have   higher
13    interest  rates  because  of  the  required  nonappropriation
14    clause  and require bond insurance or a bank letter of credit
15    to accompany the certificate; and
16        WHEREAS,  Other  funding  options  that   allow   General
17    Assembly  review  should  be  used  to finance State building
18    projects; therefore be it
19        RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE NINETIETH
20    GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, that  the  Auditor
21    General  is  directed  to  conduct  a management audit of the
22    State's use of  certificates  of  participation;  and  be  it
23    further
24        RESOLVED,  that  the audit shall include, but need not be
25    limited to, the following:
26        (1)  for each issuance of a certificate of participation,
27    whether the State determined the  financial  desirability  of
28    issuing  the  certificates  before their issuance and, if so,
29    what factors were considered;
30        (2)  whether  the  Department   of   Central   Management
31    Services   or   the   Bureau   of   the  Budget  has  adopted
                            -2-                LRB9002479DNmb
 1    administrative rules or internal  procedures  concerning  the
 2    use of certificates of participation;
 3        (3)  whether  State agencies are required to consult with
 4    the Department of Central Management Services, the Bureau  of
 5    the   Budget,  or  any  other  agency  before  entering  into
 6    agreements under  which  certificates  of  participation  are
 7    issued or caused to be issued; and
 8        (4)  whether  reporting  of the State's obligations under
 9    those agreements is centralized and  consistent;  and  be  it
10    further
11        RESOLVED,  that  the  Department  of  Central  Management
12    Services,  the  Bureau  of  the  Budget,  and any other State
13    agency that may have information relevant to this audit shall
14    cooperate fully and promptly with the Office of  the  Auditor
15    General in the conduct of this audit; and be it further
16        RESOLVED,  that  the  Auditor General shall commence this
17    audit as  soon  as  possible  and  report  his  findings  and
18    recommendations  upon  completion  of the audit in accordance
19    with the requirements of the Illinois State Auditing Act; and
20    be it further
21        RESOLVED, that a suitable  copy  of  this  resolution  be
22    delivered  to  the Auditor General, the Department of Central
23    Management Services, and the Bureau of the Budget.

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