Bill Text: IL SB2449 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Deposit of State Moneys Act. Removes a provision that allows the State Treasurer to invest or reinvest any State money in bonds, notes, debentures, or other similar obligations of a foreign government that satisfies specified requirements.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-02-07 - Referred to Assignments [SB2449 Detail]
Download: Illinois-2025-SB2449-Introduced.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Deposit of State Moneys Act is amended by | |||||||||||||||||||
5 | changing Section 22.5 as follows:
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6 | (15 ILCS 520/22.5) (from Ch. 130, par. 41a) | |||||||||||||||||||
7 | (For force and effect of certain provisions, see Section | |||||||||||||||||||
8 | 90 of P.A. 94-79) | |||||||||||||||||||
9 | Sec. 22.5. Permitted investments. The State Treasurer may | |||||||||||||||||||
10 | invest and reinvest any State money in the State Treasury | |||||||||||||||||||
11 | which is not needed for current expenditures due or about to | |||||||||||||||||||
12 | become due, in obligations of the United States government or | |||||||||||||||||||
13 | its agencies or of National Mortgage Associations established | |||||||||||||||||||
14 | by or under the National Housing Act, 12 U.S.C. 1701 et seq., | |||||||||||||||||||
15 | or in mortgage participation certificates representing | |||||||||||||||||||
16 | undivided interests in specified, first-lien conventional | |||||||||||||||||||
17 | residential Illinois mortgages that are underwritten, insured, | |||||||||||||||||||
18 | guaranteed, or purchased by the Federal Home Loan Mortgage | |||||||||||||||||||
19 | Corporation or in Affordable Housing Program Trust Fund Bonds | |||||||||||||||||||
20 | or Notes as defined in and issued pursuant to the Illinois | |||||||||||||||||||
21 | Housing Development Act. All such obligations shall be | |||||||||||||||||||
22 | considered as cash and may be delivered over as cash by a State | |||||||||||||||||||
23 | Treasurer to his successor. |
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1 | The State Treasurer may purchase any state bonds with any | ||||||
2 | money in the State Treasury that has been set aside and held | ||||||
3 | for the payment of the principal of and interest on the bonds. | ||||||
4 | The bonds shall be considered as cash and may be delivered over | ||||||
5 | as cash by the State Treasurer to his successor. | ||||||
6 | The State Treasurer may invest or reinvest any State money | ||||||
7 | in the State Treasury that is not needed for current | ||||||
8 | expenditures due or about to become due, or any money in the | ||||||
9 | State Treasury that has been set aside and held for the payment | ||||||
10 | of the principal of and interest on any State bonds, in bonds | ||||||
11 | issued by counties or municipal corporations of the State of | ||||||
12 | Illinois. | ||||||
13 | The State Treasurer may invest or reinvest up to 5% of the | ||||||
14 | College Savings Pool Administrative Trust Fund, the Illinois | ||||||
15 | Public Treasurer Investment Pool (IPTIP) Administrative Trust | ||||||
16 | Fund, and the State Treasurer's Administrative Fund that is | ||||||
17 | not needed for current expenditures due or about to become | ||||||
18 | due, in common or preferred stocks of publicly traded | ||||||
19 | corporations, partnerships, or limited liability companies, | ||||||
20 | organized in the United States, with assets exceeding | ||||||
21 | $500,000,000 if: (i) the purchases do not exceed 1% of the | ||||||
22 | corporation's or the limited liability company's outstanding | ||||||
23 | common and preferred stock; (ii) no more than 10% of the total | ||||||
24 | funds are invested in any one publicly traded corporation, | ||||||
25 | partnership, or limited liability company; and (iii) the | ||||||
26 | corporation or the limited liability company has not been |
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1 | placed on the list of restricted companies by the Illinois | ||||||
2 | Investment Policy Board under Section 1-110.16 of the Illinois | ||||||
3 | Pension Code. | ||||||
4 | Whenever the total amount of vouchers presented to the | ||||||
5 | Comptroller under Section 9 of the State Comptroller Act | ||||||
6 | exceeds the funds available in the General Revenue Fund by | ||||||
7 | $1,000,000,000 or more, then the State Treasurer may invest | ||||||
8 | any State money in the State Treasury, other than money in the | ||||||
9 | General Revenue Fund, Health Insurance Reserve Fund, Attorney | ||||||
10 | General Court Ordered and Voluntary Compliance Payment | ||||||
11 | Projects Fund, Attorney General Whistleblower Reward and | ||||||
12 | Protection Fund, and Attorney General's State Projects and | ||||||
13 | Court Ordered Distribution Fund, which is not needed for | ||||||
14 | current expenditures, due or about to become due, or any money | ||||||
15 | in the State Treasury which has been set aside and held for the | ||||||
16 | payment of the principal of and the interest on any State bonds | ||||||
17 | with the Office of the Comptroller in order to enable the | ||||||
18 | Comptroller to pay outstanding vouchers. At any time, and from | ||||||
19 | time to time outstanding, such investment shall not be greater | ||||||
20 | than $2,000,000,000. Such investment shall be deposited into | ||||||
21 | the General Revenue Fund or Health Insurance Reserve Fund as | ||||||
22 | determined by the Comptroller. Such investment shall be repaid | ||||||
23 | by the Comptroller with an interest rate tied to the London | ||||||
24 | Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an | ||||||
25 | equivalent market established variable rate, but in no case | ||||||
26 | shall such interest rate exceed the lesser of the penalty rate |
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1 | established under the State Prompt Payment Act or the timely | ||||||
2 | pay interest rate under Section 368a of the Illinois Insurance | ||||||
3 | Code. The State Treasurer and the Comptroller shall enter into | ||||||
4 | an intergovernmental agreement to establish procedures for | ||||||
5 | such investments, which market established variable rate to | ||||||
6 | which the interest rate for the investments should be tied, | ||||||
7 | and other terms which the State Treasurer and Comptroller | ||||||
8 | reasonably believe to be mutually beneficial concerning these | ||||||
9 | investments by the State Treasurer. The State Treasurer and | ||||||
10 | Comptroller shall also enter into a written agreement for each | ||||||
11 | such investment that specifies the period of the investment, | ||||||
12 | the payment interval, the interest rate to be paid, the funds | ||||||
13 | in the State Treasury from which the State Treasurer will draw | ||||||
14 | the investment, and other terms upon which the State Treasurer | ||||||
15 | and Comptroller mutually agree. Such investment agreements | ||||||
16 | shall be public records and the State Treasurer shall post the | ||||||
17 | terms of all such investment agreements on the State | ||||||
18 | Treasurer's official website. In compliance with the | ||||||
19 | intergovernmental agreement, the Comptroller shall order and | ||||||
20 | the State Treasurer shall transfer amounts sufficient for the | ||||||
21 | payment of principal and interest invested by the State | ||||||
22 | Treasurer with the Office of the Comptroller under this | ||||||
23 | paragraph from the General Revenue Fund or the Health | ||||||
24 | Insurance Reserve Fund to the respective funds in the State | ||||||
25 | Treasury from which the State Treasurer drew the investment. | ||||||
26 | Public Act 100-1107 shall constitute an irrevocable and |
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1 | continuing authority for all amounts necessary for the payment | ||||||
2 | of principal and interest on the investments made with the | ||||||
3 | Office of the Comptroller by the State Treasurer under this | ||||||
4 | paragraph, and the irrevocable and continuing authority for | ||||||
5 | and direction to the Comptroller and State Treasurer to make | ||||||
6 | the necessary transfers. | ||||||
7 | The State Treasurer may invest or reinvest any State money | ||||||
8 | in the State Treasury that is not needed for current | ||||||
9 | expenditure, due or about to become due, or any money in the | ||||||
10 | State Treasury that has been set aside and held for the payment | ||||||
11 | of the principal of and the interest on any State bonds, in any | ||||||
12 | of the following: | ||||||
13 | (1) Bonds, notes, certificates of indebtedness, | ||||||
14 | Treasury bills, or other securities now or hereafter | ||||||
15 | issued that are guaranteed by the full faith and credit of | ||||||
16 | the United States of America as to principal and interest. | ||||||
17 | (2) Bonds, notes, debentures, or other similar | ||||||
18 | obligations of the United States of America, its agencies, | ||||||
19 | and instrumentalities, or other obligations that are | ||||||
20 | issued or guaranteed by supranational entities; provided, | ||||||
21 | that at the time of investment, the entity has the United | ||||||
22 | States government as a shareholder. | ||||||
23 | (2.5) (Blank). Bonds, notes, debentures, or other | ||||||
24 | similar obligations of a foreign government, other than | ||||||
25 | the Republic of the Sudan, that are guaranteed by the full | ||||||
26 | faith and credit of that government as to principal and |
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1 | interest, but only if the foreign government has not | ||||||
2 | defaulted and has met its payment obligations in a timely | ||||||
3 | manner on all similar obligations for a period of at least | ||||||
4 | 25 years immediately before the time of acquiring those | ||||||
5 | obligations. | ||||||
6 | (3) Interest-bearing savings accounts, | ||||||
7 | interest-bearing certificates of deposit, | ||||||
8 | interest-bearing time deposits, or any other investments | ||||||
9 | constituting direct obligations of any bank as defined by | ||||||
10 | the Illinois Banking Act. | ||||||
11 | (4) Interest-bearing accounts, certificates of | ||||||
12 | deposit, or any other investments constituting direct | ||||||
13 | obligations of any savings and loan associations | ||||||
14 | incorporated under the laws of this State or any other | ||||||
15 | state or under the laws of the United States. | ||||||
16 | (5) Dividend-bearing share accounts, share certificate | ||||||
17 | accounts, or class of share accounts of a credit union | ||||||
18 | chartered under the laws of this State or the laws of the | ||||||
19 | United States; provided, however, the principal office of | ||||||
20 | the credit union must be located within the State of | ||||||
21 | Illinois. | ||||||
22 | (6) Bankers' acceptances of banks whose senior | ||||||
23 | obligations are rated in the top 2 rating categories by 2 | ||||||
24 | national rating agencies and maintain that rating during | ||||||
25 | the term of the investment and the bank has not been placed | ||||||
26 | on the list of restricted companies by the Illinois |
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1 | Investment Policy Board under Section 1-110.16 of the | ||||||
2 | Illinois Pension Code. | ||||||
3 | (7) Short-term obligations of either corporations or | ||||||
4 | limited liability companies organized in the United States | ||||||
5 | with assets exceeding $500,000,000 if (i) the obligations | ||||||
6 | are rated at the time of purchase at one of the 3 highest | ||||||
7 | classifications established by at least 2 standard rating | ||||||
8 | services and mature not later than 270 days from the date | ||||||
9 | of purchase, (ii) the purchases do not exceed 10% of the | ||||||
10 | corporation's or the limited liability company's | ||||||
11 | outstanding obligations, (iii) no more than one-third of | ||||||
12 | the public agency's funds are invested in short-term | ||||||
13 | obligations of either corporations or limited liability | ||||||
14 | companies, and (iv) the corporation or the limited | ||||||
15 | liability company has not been placed on the list of | ||||||
16 | restricted companies by the Illinois Investment Policy | ||||||
17 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
18 | (7.5) Obligations of either corporations or limited | ||||||
19 | liability companies organized in the United States, that | ||||||
20 | have a significant presence in this State, with assets | ||||||
21 | exceeding $500,000,000 if: (i) the obligations are rated | ||||||
22 | at the time of purchase at one of the 3 highest | ||||||
23 | classifications established by at least 2 standard rating | ||||||
24 | services and mature more than 270 days, but less than 10 | ||||||
25 | years, from the date of purchase; (ii) the purchases do | ||||||
26 | not exceed 10% of the corporation's or the limited |
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1 | liability company's outstanding obligations; (iii) no more | ||||||
2 | than one-third of the public agency's funds are invested | ||||||
3 | in such obligations of corporations or limited liability | ||||||
4 | companies; and (iv) the corporation or the limited | ||||||
5 | liability company has not been placed on the list of | ||||||
6 | restricted companies by the Illinois Investment Policy | ||||||
7 | Board under Section 1-110.16 of the Illinois Pension Code. | ||||||
8 | (8) Money market mutual funds registered under the | ||||||
9 | Investment Company Act of 1940. | ||||||
10 | (9) The Public Treasurers' Investment Pool created | ||||||
11 | under Section 17 of the State Treasurer Act or in a fund | ||||||
12 | managed, operated, and administered by a bank. | ||||||
13 | (10) Repurchase agreements of government securities | ||||||
14 | having the meaning set out in the Government Securities | ||||||
15 | Act of 1986, as now or hereafter amended or succeeded, | ||||||
16 | subject to the provisions of that Act and the regulations | ||||||
17 | issued thereunder. | ||||||
18 | (11) Investments made in accordance with the | ||||||
19 | Technology Development Act. | ||||||
20 | (12) Investments made in accordance with the Student | ||||||
21 | Investment Account Act. | ||||||
22 | (13) Investments constituting direct obligations of a | ||||||
23 | community development financial institution, which is | ||||||
24 | certified by the United States Treasury Community | ||||||
25 | Development Financial Institutions Fund and is operating | ||||||
26 | in the State of Illinois. |
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1 | (14) Investments constituting direct obligations of a | ||||||
2 | minority depository institution, as designated by the | ||||||
3 | Federal Deposit Insurance Corporation, that is operating | ||||||
4 | in the State of Illinois. | ||||||
5 | (15) Investments made in accordance with any other law | ||||||
6 | that authorizes the State Treasurer to invest or deposit | ||||||
7 | funds. | ||||||
8 | For purposes of this Section, "agencies" of the United | ||||||
9 | States Government includes: | ||||||
10 | (i) the federal land banks, federal intermediate | ||||||
11 | credit banks, banks for cooperatives, federal farm credit | ||||||
12 | banks, or any other entity authorized to issue debt | ||||||
13 | obligations under the Farm Credit Act of 1971 (12 U.S.C. | ||||||
14 | 2001 et seq.) and Acts amendatory thereto; | ||||||
15 | (ii) the federal home loan banks and the federal home | ||||||
16 | loan mortgage corporation; | ||||||
17 | (iii) the Commodity Credit Corporation; and | ||||||
18 | (iv) any other agency created by Act of Congress. | ||||||
19 | The State Treasurer may lend any securities acquired under | ||||||
20 | this Act. However, securities may be lent under this Section | ||||||
21 | only in accordance with Federal Financial Institution | ||||||
22 | Examination Council guidelines and only if the securities are | ||||||
23 | collateralized at a level sufficient to assure the safety of | ||||||
24 | the securities, taking into account market value fluctuation. | ||||||
25 | The securities may be collateralized by cash or collateral | ||||||
26 | acceptable under Sections 11 and 11.1. |
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1 | (Source: P.A. 101-81, eff. 7-12-19; 101-206, eff. 8-2-19; | ||||||
2 | 101-586, eff. 8-26-19; 101-657, eff. 3-23-21; 102-297, eff. | ||||||
3 | 8-6-21; 102-558, eff. 8-20-21; 102-813, eff. 5-13-22.) |