Bill Text: IL SB0178 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the General Obligation Bond Act. Authorizes the issuance of an additional $120,015,000,000 in State Serial Long Term Pension Obligation Bonds. Amends the State Pension Funds Continuing Appropriation Act to create a continuing appropriation for payments on those Bonds. Amends the State Finance Act to create the State Pension Serial Long Term Obligation Bond Fund. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-01-13 - Session Sine Die [SB0178 Detail]
Download: Illinois-2019-SB0178-Introduced.html
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||
1 | AN ACT concerning finance.
| ||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 3. The State Finance Act is amended by adding | ||||||||||||||||||||||||||||||||||||||
5 | Section 5.891 as follows:
| ||||||||||||||||||||||||||||||||||||||
6 | (30 ILCS 105/5.891 new) | ||||||||||||||||||||||||||||||||||||||
7 | Sec. 5.891. The State Serial Long Term Pension Obligation | ||||||||||||||||||||||||||||||||||||||
8 | Bond Fund.
| ||||||||||||||||||||||||||||||||||||||
9 | Section 5. The General Obligation Bond Act is amended by | ||||||||||||||||||||||||||||||||||||||
10 | changing Sections 2, 2.5, 9, 11, 12, and 13 and by adding | ||||||||||||||||||||||||||||||||||||||
11 | Section 7.8 as follows:
| ||||||||||||||||||||||||||||||||||||||
12 | (30 ILCS 330/2) (from Ch. 127, par. 652) | ||||||||||||||||||||||||||||||||||||||
13 | Sec. 2. Authorization for Bonds. The State of Illinois is | ||||||||||||||||||||||||||||||||||||||
14 | authorized to
issue, sell and provide for the retirement of | ||||||||||||||||||||||||||||||||||||||
15 | General Obligation Bonds of
the State of Illinois for the | ||||||||||||||||||||||||||||||||||||||
16 | categories and specific purposes expressed in
Sections 2 | ||||||||||||||||||||||||||||||||||||||
17 | through 8 of this Act, in the total amount of $177,732,925,743 | ||||||||||||||||||||||||||||||||||||||
18 | $57,717,925,743 . | ||||||||||||||||||||||||||||||||||||||
19 | The bonds authorized in this Section 2 and in Section 16 of | ||||||||||||||||||||||||||||||||||||||
20 | this Act are
herein called "Bonds". | ||||||||||||||||||||||||||||||||||||||
21 | Of the total amount of Bonds authorized in this Act, up to |
| |||||||
| |||||||
1 | $2,200,000,000
in aggregate original principal amount may be | ||||||
2 | issued and sold in accordance
with the Baccalaureate Savings | ||||||
3 | Act in the form of General Obligation
College Savings Bonds. | ||||||
4 | Of the total amount of Bonds authorized in this Act, up to | ||||||
5 | $300,000,000 in
aggregate original principal amount may be | ||||||
6 | issued and sold in accordance
with the Retirement Savings Act | ||||||
7 | in the form of General Obligation
Retirement Savings Bonds. | ||||||
8 | Of the total amount of Bonds authorized in this Act, the | ||||||
9 | additional
$10,000,000,000 authorized by Public Act 93-2, the | ||||||
10 | $3,466,000,000 authorized by Public Act 96-43, and the | ||||||
11 | $4,096,348,300 authorized by Public Act 96-1497 shall be used | ||||||
12 | solely as provided in Section 7.2. | ||||||
13 | Of the total amount of Bonds authorized in this Act, the | ||||||
14 | additional $6,000,000,000 authorized by this amendatory Act of | ||||||
15 | the 100th General Assembly shall be used solely as provided in | ||||||
16 | Section 7.6 and shall be issued by December 31, 2017. | ||||||
17 | Of the total amount of Bonds authorized in this Act, | ||||||
18 | $1,000,000,000 of the additional amount authorized by this | ||||||
19 | amendatory Act of the 100th General Assembly shall be used | ||||||
20 | solely as provided in Section 7.7. | ||||||
21 | Of the total amount of Bonds authorized in this Act, the | ||||||
22 | additional $120,015,000,000 authorized by Section 7.8 shall be | ||||||
23 | used solely as provided in Section 7.8. | ||||||
24 | The issuance and sale of Bonds pursuant to the General | ||||||
25 | Obligation Bond
Act is an economical and efficient method of | ||||||
26 | financing the long-term capital needs of
the State. This Act |
| |||||||
| |||||||
1 | will permit the issuance of a multi-purpose General
Obligation | ||||||
2 | Bond with uniform terms and features. This will not only lower
| ||||||
3 | the cost of registration but also reduce the overall cost of | ||||||
4 | issuing debt
by improving the marketability of Illinois General | ||||||
5 | Obligation Bonds. | ||||||
6 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
7 | (30 ILCS 330/2.5) | ||||||
8 | Sec. 2.5. Limitation on issuance of Bonds. | ||||||
9 | (a) Except as provided in subsection (b), no Bonds may be | ||||||
10 | issued if, after the issuance, in the next State fiscal year | ||||||
11 | after the issuance of the Bonds, the amount of debt service | ||||||
12 | (including principal, whether payable at maturity or pursuant | ||||||
13 | to mandatory sinking fund installments, and interest) on all | ||||||
14 | then-outstanding Bonds, other than (i) Bonds authorized by | ||||||
15 | Public Act 100-23, (ii) Bonds issued by Public Act 96-43, (iii) | ||||||
16 | Bonds authorized by Public Act 96-1497, and (iv) Bonds | ||||||
17 | authorized by Public Act 100-587 this amendatory Act of the | ||||||
18 | 100th General Assembly , and (v) Bonds authorized by this | ||||||
19 | amendatory Act of the 101st General Assembly, would exceed 7% | ||||||
20 | of the aggregate appropriations from the general funds (which | ||||||
21 | consist of the General Revenue Fund, the Common School Fund, | ||||||
22 | the General Revenue Common School Special Account Fund, and the | ||||||
23 | Education Assistance Fund) and the Road Fund for the fiscal | ||||||
24 | year immediately prior to the fiscal year of the issuance. | ||||||
25 | (b) If the Comptroller and Treasurer each consent in |
| |||||||
| |||||||
1 | writing, Bonds may be issued even if the issuance does not | ||||||
2 | comply with subsection (a). In addition, $2,000,000,000 in | ||||||
3 | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||||||
4 | and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
5 | issued during State fiscal year 2017 without complying with | ||||||
6 | subsection (a). In addition, $2,000,000,000 in Bonds for the | ||||||
7 | purposes set forth in Sections 3, 4, 5, 6, and 7, and | ||||||
8 | $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
9 | issued during State fiscal year 2018 without complying with | ||||||
10 | subsection (a).
| ||||||
11 | (Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | ||||||
12 | 25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | ||||||
13 | 7-6-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
| ||||||
14 | (30 ILCS 330/7.8 new) | ||||||
15 | Sec. 7.8. State Serial Long Term Pension Obligation Bonds. | ||||||
16 | (a) As used in this Act, "State Serial Long Term Pension | ||||||
17 | Obligation Bonds" means Bonds authorized by this amendatory Act | ||||||
18 | of the 101st General Assembly and used for the purposes set | ||||||
19 | forth in this Section. | ||||||
20 | (b) State Serial Long Term Pension Obligation Bonds in the | ||||||
21 | amount of $120,015,000,000 are hereby authorized to be used for | ||||||
22 | the purposes set forth in this Section. | ||||||
23 | (c) The proceeds of State Serial Long Term Pension | ||||||
24 | Obligation Bonds authorized in subsection (b) of this Section | ||||||
25 | shall be deposited directly into the State Serial Long Term |
| |||||||
| |||||||
1 | Pension Obligation Bond Fund, and the Comptroller and the | ||||||
2 | Treasurer shall, as soon as practical, make payments as | ||||||
3 | contemplated by subsection (d) of this Section. | ||||||
4 | (d) There is created the State Serial Long Term Pension | ||||||
5 | Obligation Bond Fund as a special fund in the State Treasury. | ||||||
6 | Funds deposited in the State Serial Long Term Pension | ||||||
7 | Obligation Bond Fund may be used only to make payments to the | ||||||
8 | State pension systems on a pro-rated basis in an amount | ||||||
9 | sufficient to bring the actuarially accrued unfunded liability | ||||||
10 | of each individual Fund to a 90% level. Notwithstanding any | ||||||
11 | other provision of law, each retirement system under Article | ||||||
12 | 14, 15, or 16 of the Illinois Pension Code shall establish a | ||||||
13 | designated investment fund for 36% of the bond proceeds it | ||||||
14 | receives from any bond issuance authorized by this amendatory | ||||||
15 | Act of the 101st General Assembly. The designated investment | ||||||
16 | fund shall be used solely for the purposes of taking advantage | ||||||
17 | of interest arbitrage from the bond proceeds and for making | ||||||
18 | debt service contributions related to the bonds issued under | ||||||
19 | this amendatory Act of the 101st General Assembly.
| ||||||
20 | (30 ILCS 330/9) (from Ch. 127, par. 659)
| ||||||
21 | Sec. 9. Conditions for issuance and sale of Bonds; | ||||||
22 | requirements for
Bonds. | ||||||
23 | (a) Except as otherwise provided in this subsection and | ||||||
24 | subsections (h), (i), and (j) , subsection (h), and subsection | ||||||
25 | (i) , Bonds shall be issued and sold from time to time, in one |
| |||||||
| |||||||
1 | or
more series, in such amounts and at such prices as may be | ||||||
2 | directed by the
Governor, upon recommendation by the Director | ||||||
3 | of the
Governor's Office of Management and Budget.
Bonds shall | ||||||
4 | be in such form (either coupon, registered or book entry), in
| ||||||
5 | such denominations, payable within 25 years from their date, | ||||||
6 | subject to such
terms of redemption with or without premium, | ||||||
7 | bear interest payable at
such times and at such fixed or | ||||||
8 | variable rate or rates, and be dated
as shall be fixed and | ||||||
9 | determined by the Director of
the
Governor's Office of | ||||||
10 | Management and Budget
in the order authorizing the issuance and | ||||||
11 | sale
of any series of Bonds, which order shall be approved by | ||||||
12 | the Governor
and is herein called a "Bond Sale Order"; provided | ||||||
13 | however, that interest
payable at fixed or variable rates shall | ||||||
14 | not exceed that permitted in the
Bond Authorization Act, as now | ||||||
15 | or hereafter amended. Bonds shall be
payable at such place or | ||||||
16 | places, within or without the State of Illinois, and
may be | ||||||
17 | made registrable as to either principal or as to both principal | ||||||
18 | and
interest, as shall be specified in the Bond Sale Order. | ||||||
19 | Bonds may be callable
or subject to purchase and retirement or | ||||||
20 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
21 | Order. Bonds, other than Bonds issued under Section 3 of this | ||||||
22 | Act for the costs associated with the purchase and | ||||||
23 | implementation of information technology, (i) except for | ||||||
24 | refunding Bonds satisfying the requirements of Section 16 of | ||||||
25 | this Act and sold during fiscal year 2009, 2010, 2011, 2017, | ||||||
26 | 2018, or 2019 must be issued with principal or mandatory |
| |||||||
| |||||||
1 | redemption amounts in equal amounts, with the first maturity | ||||||
2 | issued occurring within the fiscal year in which the Bonds are | ||||||
3 | issued or within the next succeeding fiscal year and (ii) must | ||||||
4 | mature or be subject to mandatory redemption each fiscal year | ||||||
5 | thereafter up to 25 years, except for refunding Bonds | ||||||
6 | satisfying the requirements of Section 16 of this Act and sold | ||||||
7 | during fiscal year 2009, 2010, or 2011 which must mature or be | ||||||
8 | subject to mandatory redemption each fiscal year thereafter up | ||||||
9 | to 16 years. Bonds issued under Section 3 of this Act for the | ||||||
10 | costs associated with the purchase and implementation of | ||||||
11 | information technology must be issued with principal or | ||||||
12 | mandatory redemption amounts in equal amounts, with the first | ||||||
13 | maturity issued occurring with the fiscal year in which the | ||||||
14 | respective bonds are issued or with the next succeeding fiscal | ||||||
15 | year, with the respective bonds issued maturing or subject to | ||||||
16 | mandatory redemption each fiscal year thereafter up to 10 | ||||||
17 | years. Notwithstanding any provision of this Act to the | ||||||
18 | contrary, the Bonds authorized by Public Act 96-43 shall be | ||||||
19 | payable within 5 years from their date and must be issued with | ||||||
20 | principal or mandatory redemption amounts in equal amounts, | ||||||
21 | with payment of principal or mandatory redemption beginning in | ||||||
22 | the first fiscal year following the fiscal year in which the | ||||||
23 | Bonds are issued.
| ||||||
24 | Notwithstanding any provision of this Act to the contrary, | ||||||
25 | the Bonds authorized by Public Act 96-1497 shall be payable | ||||||
26 | within 8 years from their date and shall be issued with payment |
| |||||||
| |||||||
1 | of maturing principal or scheduled mandatory redemptions in | ||||||
2 | accordance with the following schedule, except the following | ||||||
3 | amounts shall be prorated if less than the total additional | ||||||
4 | amount of Bonds authorized by Public Act 96-1497 are issued: | ||||||
5 | Fiscal Year After Issuance Amount | ||||||
6 | 1-2 $0 | ||||||
7 | 3 $110,712,120 | ||||||
8 | 4 $332,136,360 | ||||||
9 | 5 $664,272,720 | ||||||
10 | 6-8 $996,409,080 | ||||||
11 | Notwithstanding any provision of this Act to the contrary, | ||||||
12 | Income Tax Proceed Bonds issued under Section 7.6 shall be | ||||||
13 | payable 12 years from the date of sale and shall be issued with | ||||||
14 | payment of principal or mandatory redemption. | ||||||
15 | In the case of any series of Bonds bearing interest at a | ||||||
16 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
17 | determining the rate or rates at which
such series of Variable | ||||||
18 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
19 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
20 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
21 | Order may provide that
such interest rates and prices may vary | ||||||
22 | from time to time depending on criteria
established in such | ||||||
23 | Bond Sale Order, which criteria may include, without
| ||||||
24 | limitation, references to indices or variations in interest | ||||||
25 | rates as may, in
the judgment of a remarketing agent, be | ||||||
26 | necessary to cause Variable Rate Bonds
of such series to be |
| |||||||
| |||||||
1 | remarketable from time to time at a price equal to their
| ||||||
2 | principal amount, and may provide for appointment of a bank, | ||||||
3 | trust company,
investment bank, or other financial institution | ||||||
4 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
5 | Order may provide that alternative interest rates or provisions
| ||||||
6 | for establishing alternative interest rates, different | ||||||
7 | security or claim
priorities, or different call or amortization | ||||||
8 | provisions will apply during
such times as Variable Rate Bonds | ||||||
9 | of any series are held by a person providing
credit or | ||||||
10 | liquidity enhancement arrangements for such Bonds as | ||||||
11 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
12 | Order may also provide for such variable interest rates to be
| ||||||
13 | established pursuant to a process generally known as an auction | ||||||
14 | rate process
and may provide for appointment of one or more | ||||||
15 | financial institutions to serve
as auction agents and | ||||||
16 | broker-dealers in connection with the establishment of
such | ||||||
17 | interest rates and the sale and remarketing of such Bonds.
| ||||||
18 | (b) In connection with the issuance of any series of Bonds, | ||||||
19 | the State may
enter into arrangements to provide additional | ||||||
20 | security and liquidity for such
Bonds, including, without | ||||||
21 | limitation, bond or interest rate insurance or
letters of | ||||||
22 | credit, lines of credit, bond purchase contracts, or other
| ||||||
23 | arrangements whereby funds are made available to retire or | ||||||
24 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
25 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
26 | contracts and may agree to pay fees to persons
providing such |
| |||||||
| |||||||
1 | arrangements, but only under circumstances where the Director | ||||||
2 | of
the
Governor's Office of Management and Budget certifies | ||||||
3 | that he or she reasonably expects the total
interest paid or to | ||||||
4 | be paid on the Bonds, together with the fees for the
| ||||||
5 | arrangements (being treated as if interest), would not, taken | ||||||
6 | together, cause
the Bonds to bear interest, calculated to their | ||||||
7 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
8 | would bear in the absence of such
arrangements.
| ||||||
9 | The State may, with respect to Bonds issued or anticipated | ||||||
10 | to be issued,
participate in and enter into arrangements with | ||||||
11 | respect to interest rate
protection or exchange agreements, | ||||||
12 | guarantees, or financial futures contracts
for the purpose of | ||||||
13 | limiting, reducing, or managing interest rate exposure.
The | ||||||
14 | authority granted under this paragraph, however, shall not | ||||||
15 | increase the principal amount of Bonds authorized to be issued | ||||||
16 | by law. The arrangements may be executed and delivered by the | ||||||
17 | Director
of the
Governor's Office of Management and Budget on | ||||||
18 | behalf of the State. Net payments for such
arrangements shall | ||||||
19 | constitute interest on the Bonds and shall be paid from the
| ||||||
20 | General Obligation Bond Retirement and Interest Fund. The | ||||||
21 | Director of the
Governor's Office of Management and Budget | ||||||
22 | shall at least annually certify to the Governor and
the
State | ||||||
23 | Comptroller his or her estimate of the amounts of such net | ||||||
24 | payments to
be included in the calculation of interest required | ||||||
25 | to be paid by the State.
| ||||||
26 | (c) Prior to the issuance of any Variable Rate Bonds |
| |||||||
| |||||||
1 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
2 | Office of Management and Budget shall adopt an
interest rate | ||||||
3 | risk management policy providing that the amount of the State's
| ||||||
4 | variable rate exposure with respect to Bonds shall not exceed | ||||||
5 | 20%. This policy
shall remain in effect while any Bonds are | ||||||
6 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
7 | terms of such policy. The terms of this policy may be
amended | ||||||
8 | from time to time by the Director of the
Governor's Office of | ||||||
9 | Management and Budget but in no
event shall any amendment cause | ||||||
10 | the permitted level of the State's variable
rate exposure with | ||||||
11 | respect to Bonds to exceed 20%.
| ||||||
12 | (d) "Build America Bonds" in this Section means Bonds | ||||||
13 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
14 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
15 | from time to time to refund or continue to refund "Build | ||||||
16 | America Bonds". | ||||||
17 | (e) Notwithstanding any other provision of this Section, | ||||||
18 | Qualified School Construction Bonds shall be issued and sold | ||||||
19 | from time to time, in one or more series, in such amounts and | ||||||
20 | at such prices as may be directed by the Governor, upon | ||||||
21 | recommendation by the Director of the Governor's Office of | ||||||
22 | Management and Budget. Qualified School Construction Bonds | ||||||
23 | shall be in such form (either coupon, registered or book | ||||||
24 | entry), in such denominations, payable within 25 years from | ||||||
25 | their date, subject to such terms of redemption with or without | ||||||
26 | premium, and if the Qualified School Construction Bonds are |
| |||||||
| |||||||
1 | issued with a supplemental coupon, bear interest payable at | ||||||
2 | such times and at such fixed or variable rate or rates, and be | ||||||
3 | dated as shall be fixed and determined by the Director of the | ||||||
4 | Governor's Office of Management and Budget in the order | ||||||
5 | authorizing the issuance and sale of any series of Qualified | ||||||
6 | School Construction Bonds, which order shall be approved by the | ||||||
7 | Governor and is herein called a "Bond Sale Order"; except that | ||||||
8 | interest payable at fixed or variable rates, if any, shall not | ||||||
9 | exceed that permitted in the Bond Authorization Act, as now or | ||||||
10 | hereafter amended. Qualified School Construction Bonds shall | ||||||
11 | be payable at such place or places, within or without the State | ||||||
12 | of Illinois, and may be made registrable as to either principal | ||||||
13 | or as to both principal and interest, as shall be specified in | ||||||
14 | the Bond Sale Order. Qualified School Construction Bonds may be | ||||||
15 | callable or subject to purchase and retirement or tender and | ||||||
16 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
17 | Qualified School Construction Bonds must be issued with | ||||||
18 | principal or mandatory redemption amounts or sinking fund | ||||||
19 | payments into the General Obligation Bond Retirement and | ||||||
20 | Interest Fund (or subaccount therefor) in equal amounts, with | ||||||
21 | the first maturity issued, mandatory redemption payment or | ||||||
22 | sinking fund payment occurring within the fiscal year in which | ||||||
23 | the Qualified School Construction Bonds are issued or within | ||||||
24 | the next succeeding fiscal year, with Qualified School | ||||||
25 | Construction Bonds issued maturing or subject to mandatory | ||||||
26 | redemption or with sinking fund payments thereof deposited each |
| |||||||
| |||||||
1 | fiscal year thereafter up to 25 years. Sinking fund payments | ||||||
2 | set forth in this subsection shall be permitted only to the | ||||||
3 | extent authorized in Section 54F of the Internal Revenue Code | ||||||
4 | or as otherwise determined by the Director of the Governor's | ||||||
5 | Office of Management and Budget. "Qualified School | ||||||
6 | Construction Bonds" in this subsection means Bonds authorized | ||||||
7 | by Section 54F of the Internal Revenue Code and for bonds | ||||||
8 | issued from time to time to refund or continue to refund such | ||||||
9 | "Qualified School Construction Bonds". | ||||||
10 | (f) Beginning with the next issuance by the Governor's | ||||||
11 | Office of Management and Budget to the Procurement Policy Board | ||||||
12 | of a request for quotation for the purpose of formulating a new | ||||||
13 | pool of qualified underwriting banks list, all entities | ||||||
14 | responding to such a request for quotation for inclusion on | ||||||
15 | that list shall provide a written report to the Governor's | ||||||
16 | Office of Management and Budget and the Illinois Comptroller. | ||||||
17 | The written report submitted to the Comptroller shall (i) be | ||||||
18 | published on the Comptroller's Internet website and (ii) be | ||||||
19 | used by the Governor's Office of Management and Budget for the | ||||||
20 | purposes of scoring such a request for quotation. The written | ||||||
21 | report, at a minimum, shall: | ||||||
22 | (1) disclose whether, within the past 3 months, | ||||||
23 | pursuant to its credit default swap market-making | ||||||
24 | activities, the firm has entered into any State of Illinois | ||||||
25 | credit default swaps ("CDS"); | ||||||
26 | (2) include, in the event of State of Illinois CDS |
| |||||||
| |||||||
1 | activity, disclosure of the firm's cumulative notional | ||||||
2 | volume of State of Illinois CDS trades and the firm's | ||||||
3 | outstanding gross and net notional amount of State of | ||||||
4 | Illinois CDS, as of the end of the current 3-month period; | ||||||
5 | (3) indicate, pursuant to the firm's proprietary | ||||||
6 | trading activities, disclosure of whether the firm, within | ||||||
7 | the past 3 months, has entered into any proprietary trades | ||||||
8 | for its own account in State of Illinois CDS; | ||||||
9 | (4) include, in the event of State of Illinois | ||||||
10 | proprietary trades, disclosure of the firm's outstanding | ||||||
11 | gross and net notional amount of proprietary State of | ||||||
12 | Illinois CDS and whether the net position is short or long | ||||||
13 | credit protection, as of the end of the current 3-month | ||||||
14 | period; | ||||||
15 | (5) list all time periods during the past 3 months | ||||||
16 | during which the firm held net long or net short State of | ||||||
17 | Illinois CDS proprietary credit protection positions, the | ||||||
18 | amount of such positions, and whether those positions were | ||||||
19 | net long or net short credit protection positions; and | ||||||
20 | (6) indicate whether, within the previous 3 months, the | ||||||
21 | firm released any publicly available research or marketing | ||||||
22 | reports that reference State of Illinois CDS and include | ||||||
23 | those research or marketing reports as attachments. | ||||||
24 | (g) All entities included on a Governor's Office of | ||||||
25 | Management and Budget's pool of qualified underwriting banks | ||||||
26 | list shall, as soon as possible after March 18, 2011 (the |
| |||||||
| |||||||
1 | effective date of Public Act 96-1554), but not later than | ||||||
2 | January 21, 2011, and on a quarterly fiscal basis thereafter, | ||||||
3 | provide a written report to the Governor's Office of Management | ||||||
4 | and Budget and the Illinois Comptroller. The written reports | ||||||
5 | submitted to the Comptroller shall be published on the | ||||||
6 | Comptroller's Internet website. The written reports, at a | ||||||
7 | minimum, shall: | ||||||
8 | (1) disclose whether, within the past 3 months, | ||||||
9 | pursuant to its credit default swap market-making | ||||||
10 | activities, the firm has entered into any State of Illinois | ||||||
11 | credit default swaps ("CDS"); | ||||||
12 | (2) include, in the event of State of Illinois CDS | ||||||
13 | activity, disclosure of the firm's cumulative notional | ||||||
14 | volume of State of Illinois CDS trades and the firm's | ||||||
15 | outstanding gross and net notional amount of State of | ||||||
16 | Illinois CDS, as of the end of the current 3-month period; | ||||||
17 | (3) indicate, pursuant to the firm's proprietary | ||||||
18 | trading activities, disclosure of whether the firm, within | ||||||
19 | the past 3 months, has entered into any proprietary trades | ||||||
20 | for its own account in State of Illinois CDS; | ||||||
21 | (4) include, in the event of State of Illinois | ||||||
22 | proprietary trades, disclosure of the firm's outstanding | ||||||
23 | gross and net notional amount of proprietary State of | ||||||
24 | Illinois CDS and whether the net position is short or long | ||||||
25 | credit protection, as of the end of the current 3-month | ||||||
26 | period; |
| |||||||
| |||||||
1 | (5) list all time periods during the past 3 months | ||||||
2 | during which the firm held net long or net short State of | ||||||
3 | Illinois CDS proprietary credit protection positions, the | ||||||
4 | amount of such positions, and whether those positions were | ||||||
5 | net long or net short credit protection positions; and | ||||||
6 | (6) indicate whether, within the previous 3 months, the | ||||||
7 | firm released any publicly available research or marketing | ||||||
8 | reports that reference State of Illinois CDS and include | ||||||
9 | those research or marketing reports as attachments. | ||||||
10 | (h) Notwithstanding any other provision of this Section, | ||||||
11 | for purposes of maximizing market efficiencies and cost | ||||||
12 | savings, Income Tax Proceed Bonds may be issued and sold from | ||||||
13 | time to time, in one or more series, in such amounts and at | ||||||
14 | such prices as may be directed by the Governor, upon | ||||||
15 | recommendation by the Director of the Governor's Office of | ||||||
16 | Management and Budget. Income Tax Proceed Bonds shall be in | ||||||
17 | such form, either coupon, registered, or book entry, in such | ||||||
18 | denominations, shall bear interest payable at such times and at | ||||||
19 | such fixed or variable rate or rates, and be dated as shall be | ||||||
20 | fixed and determined by the Director of the Governor's Office | ||||||
21 | of Management and Budget in the order authorizing the issuance | ||||||
22 | and sale of any series of Income Tax Proceed Bonds, which order | ||||||
23 | shall be approved by the Governor and is herein called a "Bond | ||||||
24 | Sale Order"; provided, however, that interest payable at fixed | ||||||
25 | or variable rates shall not exceed that permitted in the Bond | ||||||
26 | Authorization Act. Income Tax Proceed Bonds shall be payable at |
| |||||||
| |||||||
1 | such place or places, within or without the State of Illinois, | ||||||
2 | and may be made registrable as to either principal or as to | ||||||
3 | both principal and interest, as shall be specified in the Bond | ||||||
4 | Sale Order.
Income Tax Proceed Bonds may be callable or subject | ||||||
5 | to purchase and retirement or tender and remarketing as fixed | ||||||
6 | and determined in the Bond Sale Order. | ||||||
7 | (i) Notwithstanding any other provision of this Section, | ||||||
8 | for purposes of maximizing market efficiencies and cost | ||||||
9 | savings, State Pension Obligation Acceleration Bonds may be | ||||||
10 | issued and sold from time to time, in one or more series, in | ||||||
11 | such amounts and at such prices as may be directed by the | ||||||
12 | Governor, upon recommendation by the Director of the Governor's | ||||||
13 | Office of Management and Budget. State Pension Obligation | ||||||
14 | Acceleration Bonds shall be in such form, either coupon, | ||||||
15 | registered, or book entry, in such denominations, shall bear | ||||||
16 | interest payable at such times and at such fixed or variable | ||||||
17 | rate or rates, and be dated as shall be fixed and determined by | ||||||
18 | the Director of the Governor's Office of Management and Budget | ||||||
19 | in the order authorizing the issuance and sale of any series of | ||||||
20 | State Pension Obligation Acceleration Bonds, which order shall | ||||||
21 | be approved by the Governor and is herein called a "Bond Sale | ||||||
22 | Order"; provided, however, that interest payable at fixed or | ||||||
23 | variable rates shall not exceed that permitted in the Bond | ||||||
24 | Authorization Act. State Pension Obligation Acceleration Bonds | ||||||
25 | shall be payable at such place or places, within or without the | ||||||
26 | State of Illinois, and may be made registrable as to either |
| |||||||
| |||||||
1 | principal or as to both principal and interest, as shall be | ||||||
2 | specified in the Bond Sale Order.
State Pension Obligation | ||||||
3 | Acceleration Bonds may be callable or subject to purchase and | ||||||
4 | retirement or tender and remarketing as fixed and determined in | ||||||
5 | the Bond Sale Order. | ||||||
6 | (j) Notwithstanding any other provision of this Section, | ||||||
7 | for purposes of maximizing market efficiencies and cost | ||||||
8 | savings, State Serial Long Term Pension Obligation Bonds may be | ||||||
9 | issued and sold from time to time, in one or more series, in | ||||||
10 | such amounts and at such prices as may be directed by the | ||||||
11 | Governor, upon recommendation by the Director of the Governor's | ||||||
12 | Office of Management and Budget. State Serial Long Term Pension | ||||||
13 | Obligation Bonds shall be in such form, either coupon, | ||||||
14 | registered, or book entry, in such denominations, shall bear | ||||||
15 | interest payable at such times and at such fixed or variable | ||||||
16 | rate or rates, and be dated as shall be fixed and determined by | ||||||
17 | the Director of the Governor's Office of Management and Budget | ||||||
18 | in the order authorizing the issuance and sale of any series of | ||||||
19 | State Serial Long Term Pension Obligation Bonds, which order | ||||||
20 | shall be approved by the Governor and is herein called a "Bond | ||||||
21 | Sale Order"; provided, however, that interest payable at fixed | ||||||
22 | or variable rates shall not exceed that permitted in the Bond | ||||||
23 | Authorization Act. State Serial Long Term Pension Obligation | ||||||
24 | Bonds shall be payable at such place or places, within or | ||||||
25 | without the State of Illinois, and may be made registrable as | ||||||
26 | to either principal or as to both principal and interest, as |
| |||||||
| |||||||
1 | shall be specified in the Bond Sale Order.
State Serial Long | ||||||
2 | Term Pension Obligation Bonds may be callable or subject to | ||||||
3 | purchase and retirement or tender and remarketing as fixed and | ||||||
4 | determined in the Bond Sale Order. The term of such State | ||||||
5 | Serial Long Term Pension Obligation Bonds shall not exceed 30 | ||||||
6 | years. | ||||||
7 | (Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | ||||||
8 | 25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | ||||||
9 | 7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18; | ||||||
10 | 100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863, | ||||||
11 | eff. 8-14-18; revised 10-17-18.)
| ||||||
12 | (30 ILCS 330/12) (from Ch. 127, par. 662)
| ||||||
13 | Sec. 12. Allocation of proceeds from sale of Bonds.
| ||||||
14 | (a) Proceeds from the sale of Bonds, authorized by Section | ||||||
15 | 3 of this Act,
shall be deposited in the separate fund known as | ||||||
16 | the Capital Development Fund.
| ||||||
17 | (b) Proceeds from the sale of Bonds, authorized by | ||||||
18 | paragraph (a) of Section
4 of this Act, shall be deposited in | ||||||
19 | the separate fund known as the
Transportation Bond, Series A | ||||||
20 | Fund.
| ||||||
21 | (c) Proceeds from the sale of Bonds, authorized by | ||||||
22 | paragraphs (b) and (c)
of Section 4 of this Act, shall be | ||||||
23 | deposited in the separate fund known
as the Transportation | ||||||
24 | Bond, Series B Fund.
| ||||||
25 | (c-1) Proceeds from the sale of Bonds, authorized by |
| |||||||
| |||||||
1 | paragraph (d) of Section 4 of this Act, shall be deposited into | ||||||
2 | the Transportation Bond Series D Fund, which is hereby created. | ||||||
3 | (d) Proceeds from the sale of Bonds, authorized by Section | ||||||
4 | 5 of this
Act, shall be deposited in the separate fund known as | ||||||
5 | the School Construction
Fund.
| ||||||
6 | (e) Proceeds from the sale of Bonds, authorized by Section | ||||||
7 | 6 of this Act,
shall be deposited in the separate fund known as | ||||||
8 | the Anti-Pollution Fund.
| ||||||
9 | (f) Proceeds from the sale of Bonds, authorized by Section | ||||||
10 | 7 of this Act,
shall be deposited in the separate fund known as | ||||||
11 | the Coal Development Fund.
| ||||||
12 | (f-2) Proceeds from the sale of Bonds, authorized by | ||||||
13 | Section 7.2 of this
Act, shall be deposited as set forth in | ||||||
14 | Section 7.2.
| ||||||
15 | (f-5) Proceeds from the sale of Bonds, authorized by | ||||||
16 | Section 7.5 of this
Act, shall be deposited as set forth in | ||||||
17 | Section 7.5.
| ||||||
18 | (f-7) Proceeds from the sale of Bonds, authorized by | ||||||
19 | Section 7.6 of this Act, shall be deposited as set forth in | ||||||
20 | Section 7.6. | ||||||
21 | (f-8) Proceeds from the sale of Bonds, authorized by | ||||||
22 | Section 7.7 of this Act, shall be deposited as set forth in | ||||||
23 | Section 7.7. | ||||||
24 | (f-9) Proceeds from the sale of Bonds, authorized by | ||||||
25 | Section 7.8 of this Act, shall be deposited as set forth in | ||||||
26 | Section 7.8. |
| |||||||
| |||||||
1 | (g) Proceeds from the sale of Bonds, authorized by Section | ||||||
2 | 8 of this Act,
shall be deposited in
the Capital Development | ||||||
3 | Fund.
| ||||||
4 | (h) Subsequent to the issuance of any Bonds for the | ||||||
5 | purposes described
in Sections 2 through 8 of this Act, the | ||||||
6 | Governor and the Director of the
Governor's Office of | ||||||
7 | Management and Budget may provide for the reallocation of | ||||||
8 | unspent proceeds
of such Bonds to any other purposes authorized | ||||||
9 | under said Sections of this
Act, subject to the limitations on | ||||||
10 | aggregate principal amounts contained
therein. Upon any such | ||||||
11 | reallocation, such unspent proceeds shall be
transferred to the | ||||||
12 | appropriate funds as determined by reference to
paragraphs (a) | ||||||
13 | through (g) of this Section.
| ||||||
14 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
15 | (30 ILCS 330/13) (from Ch. 127, par. 663)
| ||||||
16 | Sec. 13. Appropriation of proceeds from sale of Bonds.
| ||||||
17 | (a) At all times, the proceeds from the sale of Bonds | ||||||
18 | issued pursuant
to this Act are subject to appropriation by the | ||||||
19 | General Assembly and,
except as provided in Sections 7.2, 7.6, | ||||||
20 | and 7.7, and 7.8 may be obligated or expended only
with the | ||||||
21 | written approval of the Governor, in such amounts, at such | ||||||
22 | times,
and for such purposes as the respective
State agencies, | ||||||
23 | as defined in Section 1-7 of the Illinois State Auditing
Act, | ||||||
24 | as amended, deem necessary or desirable for the specific | ||||||
25 | purposes
contemplated in Sections 2 through 8 of this Act. |
| |||||||
| |||||||
1 | Notwithstanding any other provision of this Act, proceeds from | ||||||
2 | the sale of Bonds issued pursuant to this Act appropriated by | ||||||
3 | the General Assembly to the Architect of the Capitol may be | ||||||
4 | obligated or expended by the Architect of the Capitol without | ||||||
5 | the written approval of the Governor.
| ||||||
6 | (b) Proceeds from the sale of Bonds for the purpose of | ||||||
7 | development of
coal and alternative forms of energy shall be | ||||||
8 | expended in such amounts and
at such times as the Department of | ||||||
9 | Commerce and Economic Opportunity, with the
advice and | ||||||
10 | recommendation of the Illinois Coal Development Board for coal
| ||||||
11 | development projects, may deem necessary and desirable for the | ||||||
12 | specific
purpose contemplated by Section 7 of this Act. In | ||||||
13 | considering the approval
of projects to be funded, the | ||||||
14 | Department of Commerce and
Economic Opportunity shall give
| ||||||
15 | special
consideration to projects designed to remove sulfur and | ||||||
16 | other pollutants in
the preparation and utilization of coal, | ||||||
17 | and in the use and operation of
electric utility generating | ||||||
18 | plants and industrial facilities which utilize
Illinois coal as | ||||||
19 | their primary source of fuel.
| ||||||
20 | (c) Except as directed in subsection (c-1) or (c-2), any | ||||||
21 | monies received by any officer or employee of the state
| ||||||
22 | representing a reimbursement of expenditures previously paid | ||||||
23 | from general
obligation bond proceeds shall be deposited into | ||||||
24 | the General Obligation
Bond Retirement and Interest Fund | ||||||
25 | authorized in Section 14 of this Act.
| ||||||
26 | (c-1) Any money received by the Department of |
| |||||||
| |||||||
1 | Transportation as reimbursement for expenditures for high | ||||||
2 | speed rail purposes pursuant to appropriations from the | ||||||
3 | Transportation Bond, Series B Fund for (i) CREATE (Chicago | ||||||
4 | Region Environmental and Transportation Efficiency), (ii) High | ||||||
5 | Speed Rail, or (iii) AMTRAK projects authorized by the federal | ||||||
6 | government under the provisions of the American Recovery and | ||||||
7 | Reinvestment Act of 2009 or the Safe Accountable Flexible | ||||||
8 | Efficient Transportation Equity Act-A Legacy for Users | ||||||
9 | (SAFETEA-LU), or any successor federal transportation | ||||||
10 | authorization Act, shall be deposited into the Federal High | ||||||
11 | Speed Rail Trust Fund. | ||||||
12 | (c-2) Any money received by the Department of | ||||||
13 | Transportation as reimbursement for expenditures for transit | ||||||
14 | capital purposes pursuant to appropriations from the | ||||||
15 | Transportation Bond, Series B Fund for projects authorized by | ||||||
16 | the federal government under the provisions of the American | ||||||
17 | Recovery and Reinvestment Act of 2009 or the Safe Accountable | ||||||
18 | Flexible Efficient Transportation Equity Act-A Legacy for | ||||||
19 | Users (SAFETEA-LU), or any successor federal transportation | ||||||
20 | authorization Act, shall be deposited into the Federal Mass | ||||||
21 | Transit Trust Fund. | ||||||
22 | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| ||||||
23 | Section 10. The State Pension Funds Continuing | ||||||
24 | Appropriation Act is amended by adding Section 1.10 as follows:
|
| |||||||
| |||||||
1 | (40 ILCS 15/1.10 new) | ||||||
2 | Sec. 1.10. Appropriations for State Serial Long Term | ||||||
3 | Pension Obligation Bonds. If for any reason the aggregate | ||||||
4 | appropriations made available are insufficient to meet the | ||||||
5 | levels required for the payment of principal and interest due | ||||||
6 | on State Serial Long Term Pension Obligation Bonds under | ||||||
7 | Section 7.8 of the General Obligation Bond Act, this Section | ||||||
8 | shall constitute a continuing appropriation of all amounts | ||||||
9 | necessary for those purposes.
|