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| 1 | | when the State of Illinois incurs any bonded indebtedness |
| 2 | | using the bond authorizations for capital projects enacted in |
| 3 | | Public Act 96-36, Public Act 96-1554, Public Act 97-771, |
| 4 | | Public Act 98-94, and Public Act 103-591 this amendatory Act |
| 5 | | of the 103rd General Assembly and using the general obligation |
| 6 | | bond authorizations for capital projects enacted in Public Act |
| 7 | | 101-30, and Public Act 103-7, and this amendatory Act of the |
| 8 | | 104th General Assembly, be set aside and used for the purpose |
| 9 | | of paying and discharging annually the principal and interest |
| 10 | | on that bonded indebtedness then due and payable. |
| 11 | | In addition to other transfers to the General Obligation |
| 12 | | Bond Retirement and Interest Fund made pursuant to Section 15 |
| 13 | | of the General Obligation Bond Act, upon each delivery of |
| 14 | | general obligation bonds for capital projects using bond |
| 15 | | authorizations enacted in Public Act 96-36, Public Act |
| 16 | | 96-1554, Public Act 97-771, Public Act 98-94, Public Act |
| 17 | | 101-30 (except for amounts in Public Act 101-30 that increase |
| 18 | | bond authorization under paragraph (1) of subsection (a) of |
| 19 | | Section 4 and subsection (e) of Section 4 of the General |
| 20 | | Obligation Bond Act), Public Act 103-7, Public Act 103-591, |
| 21 | | and this amendatory Act of the 104th 103rd General Assembly, |
| 22 | | the State Comptroller shall compute and certify to the State |
| 23 | | Treasurer the total amount of principal of, interest on, and |
| 24 | | premium, if any, on such bonds during the then current and each |
| 25 | | succeeding fiscal year. With respect to the interest payable |
| 26 | | on variable rate bonds, such certifications shall be |
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| 1 | | calculated at the maximum rate of interest that may be payable |
| 2 | | during the fiscal year, after taking into account any credits |
| 3 | | permitted in the related indenture or other instrument against |
| 4 | | the amount of such interest required to be appropriated for |
| 5 | | the period. |
| 6 | | (a) Except as provided for in subsection (b), on or before |
| 7 | | the last day of each month, the State Treasurer and State |
| 8 | | Comptroller shall transfer from the Capital Projects Fund to |
| 9 | | the General Obligation Bond Retirement and Interest Fund an |
| 10 | | amount sufficient to pay the aggregate of the principal of, |
| 11 | | interest on, and premium, if any, on the bonds payable on their |
| 12 | | next payment date, divided by the number of monthly transfers |
| 13 | | occurring between the last previous payment date (or the |
| 14 | | delivery date if no payment date has yet occurred) and the next |
| 15 | | succeeding payment date. Interest payable on variable rate |
| 16 | | bonds shall be calculated at the maximum rate of interest that |
| 17 | | may be payable for the relevant period, after taking into |
| 18 | | account any credits permitted in the related indenture or |
| 19 | | other instrument against the amount of such interest required |
| 20 | | to be appropriated for that period. Interest for which moneys |
| 21 | | have already been deposited into the capitalized interest |
| 22 | | account within the General Obligation Bond Retirement and |
| 23 | | Interest Fund shall not be included in the calculation of the |
| 24 | | amounts to be transferred under this subsection. |
| 25 | | (b) On or before the last day of each month, the State |
| 26 | | Treasurer and State Comptroller shall transfer from the |
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| 1 | | Capital Projects Fund to the General Obligation Bond |
| 2 | | Retirement and Interest Fund an amount sufficient to pay the |
| 3 | | aggregate of the principal of, interest on, and premium, if |
| 4 | | any, on the bonds issued prior to January 1, 2012 pursuant to |
| 5 | | Section 4(d) of the General Obligation Bond Act payable on |
| 6 | | their next payment date, divided by the number of monthly |
| 7 | | transfers occurring between the last previous payment date (or |
| 8 | | the delivery date if no payment date has yet occurred) and the |
| 9 | | next succeeding payment date. If the available balance in the |
| 10 | | Capital Projects Fund is not sufficient for the transfer |
| 11 | | required in this subsection, the State Treasurer and State |
| 12 | | Comptroller shall transfer the difference from the Road Fund |
| 13 | | to the General Obligation Bond Retirement and Interest Fund; |
| 14 | | except that such Road Fund transfers shall constitute a debt |
| 15 | | of the Capital Projects Fund which shall be repaid according |
| 16 | | to subsection (c). Interest payable on variable rate bonds |
| 17 | | shall be calculated at the maximum rate of interest that may be |
| 18 | | payable for the relevant period, after taking into account any |
| 19 | | credits permitted in the related indenture or other instrument |
| 20 | | against the amount of such interest required to be |
| 21 | | appropriated for that period. Interest for which moneys have |
| 22 | | already been deposited into the capitalized interest account |
| 23 | | within the General Obligation Bond Retirement and Interest |
| 24 | | Fund shall not be included in the calculation of the amounts to |
| 25 | | be transferred under this subsection. |
| 26 | | (c) On the first day of any month when the Capital Projects |
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| 1 | | Fund is carrying a debt to the Road Fund due to the provisions |
| 2 | | of subsection (b), the State Treasurer and State Comptroller |
| 3 | | shall transfer from the Capital Projects Fund to the Road Fund |
| 4 | | an amount sufficient to discharge that debt. These transfers |
| 5 | | to the Road Fund shall continue until the Capital Projects |
| 6 | | Fund has repaid to the Road Fund all transfers made from the |
| 7 | | Road Fund pursuant to subsection (b). Notwithstanding any |
| 8 | | other law to the contrary, transfers to the Road Fund from the |
| 9 | | Capital Projects Fund shall be made prior to any other |
| 10 | | expenditures or transfers out of the Capital Projects Fund. |
| 11 | | (Source: P.A. 103-7, eff. 7-1-23; 103-591, eff. 7-1-24.) |
| 12 | | Article 10. |
| 13 | | Section 10-5. The General Obligation Bond Act is amended |
| 14 | | by changing Sections 2, 3, 7.7, and 9 as follows: |
| 15 | | (30 ILCS 330/2) (from Ch. 127, par. 652) |
| 16 | | Sec. 2. Authorization for Bonds. The State of Illinois is |
| 17 | | authorized to issue, sell and provide for the retirement of |
| 18 | | General Obligation Bonds of the State of Illinois for the |
| 19 | | categories and specific purposes expressed in Sections 2 |
| 20 | | through 8 of this Act, in the total amount of $82,664,839,969 |
| 21 | | $81,789,839,969. |
| 22 | | The bonds authorized in this Section 2 and in Section 16 of |
| 23 | | this Act are herein called "Bonds". |
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| 1 | | Of the total amount of Bonds authorized in this Act, up to |
| 2 | | $2,200,000,000 in aggregate original principal amount may be |
| 3 | | issued and sold in accordance with the Baccalaureate Savings |
| 4 | | Act in the form of General Obligation College Savings Bonds. |
| 5 | | Of the total amount of Bonds authorized in this Act, up to |
| 6 | | $300,000,000 in aggregate original principal amount may be |
| 7 | | issued and sold in accordance with the Retirement Savings Act |
| 8 | | in the form of General Obligation Retirement Savings Bonds. |
| 9 | | Of the total amount of Bonds authorized in this Act, the |
| 10 | | additional $10,000,000,000 authorized by Public Act 93-2, the |
| 11 | | $3,466,000,000 authorized by Public Act 96-43, and the |
| 12 | | $4,096,348,300 authorized by Public Act 96-1497 shall be used |
| 13 | | solely as provided in Section 7.2. |
| 14 | | Of the total amount of Bonds authorized in this Act, the |
| 15 | | additional $6,000,000,000 authorized by Public Act 100-23 |
| 16 | | shall be used solely as provided in Section 7.6 and shall be |
| 17 | | issued by December 31, 2017. |
| 18 | | Of the total amount of Bonds authorized in this Act, |
| 19 | | $2,200,000,000 $2,000,000,000 of the additional amount |
| 20 | | authorized by Public Act 100-587, and by Public Act 102-718, |
| 21 | | and this amendatory Act of the 104th General Assembly shall be |
| 22 | | used solely as provided in Section 7.7. |
| 23 | | The issuance and sale of Bonds pursuant to the General |
| 24 | | Obligation Bond Act is an economical and efficient method of |
| 25 | | financing the long-term capital needs of the State. This Act |
| 26 | | will permit the issuance of a multi-purpose General Obligation |
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| 1 | | Bond with uniform terms and features. This will not only lower |
| 2 | | the cost of registration but also reduce the overall cost of |
| 3 | | issuing debt by improving the marketability of Illinois |
| 4 | | General Obligation Bonds. |
| 5 | | (Source: P.A. 102-718, eff. 5-5-22; 103-7, eff. 7-1-23; |
| 6 | | 103-591, eff. 7-1-24.) |
| 7 | | (30 ILCS 330/3) (from Ch. 127, par. 653) |
| 8 | | Sec. 3. Capital facilities. The amount of $21,769,011,269 |
| 9 | | $21,094,011,269 is authorized to be used for the acquisition, |
| 10 | | development, construction, reconstruction, improvement, |
| 11 | | demolition, financing, architectural planning and installation |
| 12 | | of capital facilities within the State, consisting of |
| 13 | | buildings, structures, durable equipment, land, interests in |
| 14 | | land, and the costs associated with the purchase and |
| 15 | | implementation of information technology, including but not |
| 16 | | limited to the purchase of hardware and software, for the |
| 17 | | following specific purposes: |
| 18 | | (a) $6,908,676,500 for educational purposes by State |
| 19 | | universities and public community colleges, the Illinois |
| 20 | | Community College Board created by the Public Community |
| 21 | | College Act and for grants to public community colleges as |
| 22 | | authorized by Sections 5-11 and 5-12 of the Public |
| 23 | | Community College Act; |
| 24 | | (b) $2,590,506,300 for correctional purposes at State |
| 25 | | prison and correctional centers; |
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| 1 | | (c) $751,492,300 $691,492,300 for open spaces, |
| 2 | | recreational and conservation purposes and the protection |
| 3 | | of land, including expenditures and grants for the |
| 4 | | Illinois Conservation Reserve Enhancement Program and for |
| 5 | | ecosystem restoration and for plugging of abandoned wells; |
| 6 | | (d) $1,078,503,900 for State child care facilities, |
| 7 | | mental and public health facilities, and facilities for |
| 8 | | the care of veterans with disabilities and their spouses, |
| 9 | | and for grants to public and private community health |
| 10 | | centers, hospitals, and other health care providers for |
| 11 | | capital facilities; |
| 12 | | (e) $9,054,753,300 $8,439,753,300 for use by the |
| 13 | | State, its departments, authorities, public corporations, |
| 14 | | commissions and agencies, including renewable energy |
| 15 | | upgrades at State facilities; |
| 16 | | (f) $818,100 for cargo handling facilities at port |
| 17 | | districts and for breakwaters, including harbor entrances, |
| 18 | | at port districts in conjunction with facilities for small |
| 19 | | boats and pleasure crafts; |
| 20 | | (g) $425,457,000 for water resource management |
| 21 | | projects, including flood mitigation and State dam and |
| 22 | | waterway projects; |
| 23 | | (h) $16,940,269 for the provision of facilities for |
| 24 | | food production research and related instructional and |
| 25 | | public service activities at the State universities and |
| 26 | | public community colleges; |
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| 1 | | (i) $75,134,700 for grants by the Secretary of State, |
| 2 | | as State Librarian, for central library facilities |
| 3 | | authorized by Section 8 of the Illinois Library System Act |
| 4 | | and for grants by the Capital Development Board to units |
| 5 | | of local government for public library facilities; |
| 6 | | (j) $25,000,000 for the acquisition, development, |
| 7 | | construction, reconstruction, improvement, financing, |
| 8 | | architectural planning and installation of capital |
| 9 | | facilities consisting of buildings, structures, durable |
| 10 | | equipment and land for grants to counties, municipalities |
| 11 | | or public building commissions with correctional |
| 12 | | facilities that do not comply with the minimum standards |
| 13 | | of the Department of Corrections under Section 3-15-2 of |
| 14 | | the Unified Code of Corrections; |
| 15 | | (k) $5,011,600 for grants by the Department of |
| 16 | | Conservation for improvement or expansion of aquarium |
| 17 | | facilities located on property owned by a park district; |
| 18 | | (l) $599,590,000 to State agencies for grants to local |
| 19 | | governments for the acquisition, financing, architectural |
| 20 | | planning, development, alteration, installation, and |
| 21 | | construction of capital facilities consisting of |
| 22 | | buildings, structures, durable equipment, and land; and |
| 23 | | (m) $237,127,300 for the Illinois Open Land Trust |
| 24 | | Program as defined by the Illinois Open Land Trust Act. |
| 25 | | The amounts authorized above for capital facilities may be |
| 26 | | used for the acquisition, installation, alteration, |
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| 1 | | construction, or reconstruction of capital facilities and for |
| 2 | | the purchase of equipment for the purpose of major capital |
| 3 | | improvements which will reduce energy consumption in State |
| 4 | | buildings or facilities. |
| 5 | | (Source: P.A. 103-7, eff. 7-1-23; 103-591, eff. 7-1-24.) |
| 6 | | (30 ILCS 330/7.7) |
| 7 | | Sec. 7.7. State Pension Obligation Acceleration Bonds. |
| 8 | | (a) As used in this Act, "State Pension Obligation |
| 9 | | Acceleration Bonds" means Bonds authorized by Public Act |
| 10 | | 100-587, Public Act 102-718, and this amendatory Act of the |
| 11 | | 104th 102nd General Assembly and used for the purpose of |
| 12 | | making accelerated pension benefit payments under Articles 14, |
| 13 | | 15, and 16 of the Illinois Pension Code. |
| 14 | | (b) State Pension Obligation Acceleration Bonds in the |
| 15 | | amount of $2,200,000,000 $2,000,000,000 are hereby authorized |
| 16 | | to be used for the purpose of making accelerated pension |
| 17 | | benefit payments under Articles 14, 15, and 16 of the Illinois |
| 18 | | Pension Code. |
| 19 | | (c) The proceeds of State Pension Obligation Acceleration |
| 20 | | Bonds authorized in subsection (b) of this Section, less the |
| 21 | | amounts authorized in the Bond Sale Order to be directly paid |
| 22 | | out for bond sale expenses under Section 8, shall be deposited |
| 23 | | directly into the State Pension Obligation Acceleration Bond |
| 24 | | Fund, and the Comptroller and the Treasurer shall, as soon as |
| 25 | | practical, make accelerated pension benefit payments under |
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| 1 | | Articles 14, 15, and 16 of the Illinois Pension Code. |
| 2 | | (d) There is created the State Pension Obligation |
| 3 | | Acceleration Bond Fund as a special fund in the State |
| 4 | | Treasury. Funds deposited in the State Pension Obligation |
| 5 | | Acceleration Bond Fund may only be used for the purpose of |
| 6 | | making accelerated pension benefit payments under Articles 14, |
| 7 | | 15, and 16 of the Illinois Pension Code or for the payment of |
| 8 | | principal and interest due on State Pension Obligation |
| 9 | | Acceleration Bonds. This subsection shall constitute an |
| 10 | | irrevocable and continuing appropriation of all amounts |
| 11 | | necessary for such purposes. |
| 12 | | (Source: P.A. 102-718, eff. 5-5-22.) |
| 13 | | (30 ILCS 330/9) (from Ch. 127, par. 659) |
| 14 | | Sec. 9. Conditions for issuance and sale of Bonds; |
| 15 | | requirements for Bonds. |
| 16 | | (a) Except as otherwise provided in this subsection, |
| 17 | | subsection (h), and subsection (i), Bonds shall be issued and |
| 18 | | sold from time to time, in one or more series, in such amounts |
| 19 | | and at such prices as may be directed by the Governor, upon |
| 20 | | recommendation by the Director of the Governor's Office of |
| 21 | | Management and Budget. Bonds shall be in such form (either |
| 22 | | coupon, registered or book entry), in such denominations, |
| 23 | | payable within 25 years from their date, subject to such terms |
| 24 | | of redemption with or without premium, bear interest payable |
| 25 | | at such times and at such fixed or variable rate or rates, and |
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| 1 | | be dated as shall be fixed and determined by the Director of |
| 2 | | the Governor's Office of Management and Budget in the order |
| 3 | | authorizing the issuance and sale of any series of Bonds, |
| 4 | | which order shall be approved by the Governor and is herein |
| 5 | | called a "Bond Sale Order"; provided however, that interest |
| 6 | | payable at fixed or variable rates shall not exceed that |
| 7 | | permitted in the Bond Authorization Act, as now or hereafter |
| 8 | | amended. Bonds shall be payable at such place or places, |
| 9 | | within or without the State of Illinois, and may be made |
| 10 | | registrable as to either principal or as to both principal and |
| 11 | | interest, as shall be specified in the Bond Sale Order. Bonds |
| 12 | | may be callable or subject to purchase and retirement or |
| 13 | | tender and remarketing as fixed and determined in the Bond |
| 14 | | Sale Order. Bonds, other than Bonds issued under Section 3 of |
| 15 | | this Act for the costs associated with the purchase and |
| 16 | | implementation of information technology, (i) except for |
| 17 | | refunding Bonds satisfying the requirements of Section 16 of |
| 18 | | this Act must be issued with principal or mandatory redemption |
| 19 | | amounts in equal amounts, with the first maturity issued |
| 20 | | occurring within the fiscal year in which the Bonds are issued |
| 21 | | or within the next succeeding fiscal year, except that Bonds |
| 22 | | issued during fiscal years year 2025 and 2026 may be issued |
| 23 | | with principal or mandatory redemption amounts in unequal |
| 24 | | amounts, and (ii) must mature or be subject to mandatory |
| 25 | | redemption each fiscal year thereafter up to 25 years, except |
| 26 | | for refunding Bonds satisfying the requirements of Section 16 |
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| 1 | | of this Act and sold during fiscal year 2009, 2010, or 2011 |
| 2 | | which must mature or be subject to mandatory redemption each |
| 3 | | fiscal year thereafter up to 16 years. Bonds issued under |
| 4 | | Section 3 of this Act for the costs associated with the |
| 5 | | purchase and implementation of information technology must be |
| 6 | | issued with principal or mandatory redemption amounts in equal |
| 7 | | amounts, with the first maturity issued occurring with the |
| 8 | | fiscal year in which the respective bonds are issued or with |
| 9 | | the next succeeding fiscal year, with the respective bonds |
| 10 | | issued maturing or subject to mandatory redemption each fiscal |
| 11 | | year thereafter up to 10 years, except that Bonds issued |
| 12 | | during fiscal years year 2025 and 2026 may be issued with |
| 13 | | principal or mandatory redemption amounts in unequal amounts. |
| 14 | | Notwithstanding any provision of this Act to the contrary, the |
| 15 | | Bonds authorized by Public Act 96-43 shall be payable within 5 |
| 16 | | years from their date and must be issued with principal or |
| 17 | | mandatory redemption amounts in equal amounts, with payment of |
| 18 | | principal or mandatory redemption beginning in the first |
| 19 | | fiscal year following the fiscal year in which the Bonds are |
| 20 | | issued. |
| 21 | | Notwithstanding any provision of this Act to the contrary, |
| 22 | | the Bonds authorized by Public Act 96-1497 shall be payable |
| 23 | | within 8 years from their date and shall be issued with payment |
| 24 | | of maturing principal or scheduled mandatory redemptions in |
| 25 | | accordance with the following schedule, except the following |
| 26 | | amounts shall be prorated if less than the total additional |
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| 1 | | amount of Bonds authorized by Public Act 96-1497 are issued: |
| 2 | | Fiscal Year After Issuance Amount |
| 3 | | 1-2 $0 |
| 4 | | 3 $110,712,120 |
| 5 | | 4 $332,136,360 |
| 6 | | 5 $664,272,720 |
| 7 | | 6-8 $996,409,080 |
| 8 | | Notwithstanding any provision of this Act to the contrary, |
| 9 | | Income Tax Proceed Bonds issued under Section 7.6 shall be |
| 10 | | payable 12 years from the date of sale and shall be issued with |
| 11 | | payment of principal or mandatory redemption. |
| 12 | | In the case of any series of Bonds bearing interest at a |
| 13 | | variable interest rate ("Variable Rate Bonds"), in lieu of |
| 14 | | determining the rate or rates at which such series of Variable |
| 15 | | Rate Bonds shall bear interest and the price or prices at which |
| 16 | | such Variable Rate Bonds shall be initially sold or remarketed |
| 17 | | (in the event of purchase and subsequent resale), the Bond |
| 18 | | Sale Order may provide that such interest rates and prices may |
| 19 | | vary from time to time depending on criteria established in |
| 20 | | such Bond Sale Order, which criteria may include, without |
| 21 | | limitation, references to indices or variations in interest |
| 22 | | rates as may, in the judgment of a remarketing agent, be |
| 23 | | necessary to cause Variable Rate Bonds of such series to be |
| 24 | | remarketable from time to time at a price equal to their |
| 25 | | principal amount, and may provide for appointment of a bank, |
| 26 | | trust company, investment bank, or other financial institution |
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| 1 | | to serve as remarketing agent in that connection. The Bond |
| 2 | | Sale Order may provide that alternative interest rates or |
| 3 | | provisions for establishing alternative interest rates, |
| 4 | | different security or claim priorities, or different call or |
| 5 | | amortization provisions will apply during such times as |
| 6 | | Variable Rate Bonds of any series are held by a person |
| 7 | | providing credit or liquidity enhancement arrangements for |
| 8 | | such Bonds as authorized in subsection (b) of this Section. |
| 9 | | The Bond Sale Order may also provide for such variable |
| 10 | | interest rates to be established pursuant to a process |
| 11 | | generally known as an auction rate process and may provide for |
| 12 | | appointment of one or more financial institutions to serve as |
| 13 | | auction agents and broker-dealers in connection with the |
| 14 | | establishment of such interest rates and the sale and |
| 15 | | remarketing of such Bonds. |
| 16 | | (b) In connection with the issuance of any series of |
| 17 | | Bonds, the State may enter into arrangements to provide |
| 18 | | additional security and liquidity for such Bonds, including, |
| 19 | | without limitation, bond or interest rate insurance or letters |
| 20 | | of credit, lines of credit, bond purchase contracts, or other |
| 21 | | arrangements whereby funds are made available to retire or |
| 22 | | purchase Bonds, thereby assuring the ability of owners of the |
| 23 | | Bonds to sell or redeem their Bonds. The State may enter into |
| 24 | | contracts and may agree to pay fees to persons providing such |
| 25 | | arrangements, but only under circumstances where the Director |
| 26 | | of the Governor's Office of Management and Budget certifies |
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| 1 | | that he or she reasonably expects the total interest paid or to |
| 2 | | be paid on the Bonds, together with the fees for the |
| 3 | | arrangements (being treated as if interest), would not, taken |
| 4 | | together, cause the Bonds to bear interest, calculated to |
| 5 | | their stated maturity, at a rate in excess of the rate that the |
| 6 | | Bonds would bear in the absence of such arrangements. |
| 7 | | The State may, with respect to Bonds issued or anticipated |
| 8 | | to be issued, participate in and enter into arrangements with |
| 9 | | respect to interest rate protection or exchange agreements, |
| 10 | | guarantees, or financial futures contracts for the purpose of |
| 11 | | limiting, reducing, or managing interest rate exposure. The |
| 12 | | authority granted under this paragraph, however, shall not |
| 13 | | increase the principal amount of Bonds authorized to be issued |
| 14 | | by law. The arrangements may be executed and delivered by the |
| 15 | | Director of the Governor's Office of Management and Budget on |
| 16 | | behalf of the State. Net payments for such arrangements shall |
| 17 | | constitute interest on the Bonds and shall be paid from the |
| 18 | | General Obligation Bond Retirement and Interest Fund. The |
| 19 | | Director of the Governor's Office of Management and Budget |
| 20 | | shall at least annually certify to the Governor and the State |
| 21 | | Comptroller his or her estimate of the amounts of such net |
| 22 | | payments to be included in the calculation of interest |
| 23 | | required to be paid by the State. |
| 24 | | (c) Prior to the issuance of any Variable Rate Bonds |
| 25 | | pursuant to subsection (a), the Director of the Governor's |
| 26 | | Office of Management and Budget shall adopt an interest rate |
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| 1 | | risk management policy providing that the amount of the |
| 2 | | State's variable rate exposure with respect to Bonds shall not |
| 3 | | exceed 20%. This policy shall remain in effect while any Bonds |
| 4 | | are outstanding and the issuance of Bonds shall be subject to |
| 5 | | the terms of such policy. The terms of this policy may be |
| 6 | | amended from time to time by the Director of the Governor's |
| 7 | | Office of Management and Budget but in no event shall any |
| 8 | | amendment cause the permitted level of the State's variable |
| 9 | | rate exposure with respect to Bonds to exceed 20%. |
| 10 | | (d) "Build America Bonds" in this Section means Bonds |
| 11 | | authorized by Section 54AA of the Internal Revenue Code of |
| 12 | | 1986, as amended ("Internal Revenue Code"), and bonds issued |
| 13 | | from time to time to refund or continue to refund "Build |
| 14 | | America Bonds". |
| 15 | | (e) Notwithstanding any other provision of this Section, |
| 16 | | Qualified School Construction Bonds shall be issued and sold |
| 17 | | from time to time, in one or more series, in such amounts and |
| 18 | | at such prices as may be directed by the Governor, upon |
| 19 | | recommendation by the Director of the Governor's Office of |
| 20 | | Management and Budget. Qualified School Construction Bonds |
| 21 | | shall be in such form (either coupon, registered or book |
| 22 | | entry), in such denominations, payable within 25 years from |
| 23 | | their date, subject to such terms of redemption with or |
| 24 | | without premium, and if the Qualified School Construction |
| 25 | | Bonds are issued with a supplemental coupon, bear interest |
| 26 | | payable at such times and at such fixed or variable rate or |
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| 1 | | rates, and be dated as shall be fixed and determined by the |
| 2 | | Director of the Governor's Office of Management and Budget in |
| 3 | | the order authorizing the issuance and sale of any series of |
| 4 | | Qualified School Construction Bonds, which order shall be |
| 5 | | approved by the Governor and is herein called a "Bond Sale |
| 6 | | Order"; except that interest payable at fixed or variable |
| 7 | | rates, if any, shall not exceed that permitted in the Bond |
| 8 | | Authorization Act, as now or hereafter amended. Qualified |
| 9 | | School Construction Bonds shall be payable at such place or |
| 10 | | places, within or without the State of Illinois, and may be |
| 11 | | made registrable as to either principal or as to both |
| 12 | | principal and interest, as shall be specified in the Bond Sale |
| 13 | | Order. Qualified School Construction Bonds may be callable or |
| 14 | | subject to purchase and retirement or tender and remarketing |
| 15 | | as fixed and determined in the Bond Sale Order. Qualified |
| 16 | | School Construction Bonds must be issued with principal or |
| 17 | | mandatory redemption amounts or sinking fund payments into the |
| 18 | | General Obligation Bond Retirement and Interest Fund (or |
| 19 | | subaccount therefor) in equal amounts, with the first maturity |
| 20 | | issued, mandatory redemption payment or sinking fund payment |
| 21 | | occurring within the fiscal year in which the Qualified School |
| 22 | | Construction Bonds are issued or within the next succeeding |
| 23 | | fiscal year, with Qualified School Construction Bonds issued |
| 24 | | maturing or subject to mandatory redemption or with sinking |
| 25 | | fund payments thereof deposited each fiscal year thereafter up |
| 26 | | to 25 years. Sinking fund payments set forth in this |
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| 1 | | subsection shall be permitted only to the extent authorized in |
| 2 | | Section 54F of the Internal Revenue Code or as otherwise |
| 3 | | determined by the Director of the Governor's Office of |
| 4 | | Management and Budget. "Qualified School Construction Bonds" |
| 5 | | in this subsection means Bonds authorized by Section 54F of |
| 6 | | the Internal Revenue Code and for bonds issued from time to |
| 7 | | time to refund or continue to refund such "Qualified School |
| 8 | | Construction Bonds". |
| 9 | | (f) Beginning with the next issuance by the Governor's |
| 10 | | Office of Management and Budget of a request for |
| 11 | | qualifications for the purpose of formulating a new pool of |
| 12 | | qualified underwriters, all entities responding to such a |
| 13 | | request for qualifications for inclusion on that list shall |
| 14 | | provide a written report to the Governor's Office of |
| 15 | | Management and Budget and the Illinois Comptroller. The |
| 16 | | written report submitted to the Comptroller shall (i) be |
| 17 | | published on the Comptroller's Internet website and (ii) be |
| 18 | | used by the Governor's Office of Management and Budget for the |
| 19 | | purposes of scoring such a request for qualifications. The |
| 20 | | written report, at a minimum, shall: |
| 21 | | (1) disclose whether, within the past 3 months, |
| 22 | | pursuant to its credit default swap market-making |
| 23 | | activities, the firm has entered into any State of |
| 24 | | Illinois credit default swaps ("CDS"); |
| 25 | | (2) include, in the event of State of Illinois CDS |
| 26 | | activity, disclosure of the firm's cumulative notional |
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| 1 | | volume of State of Illinois CDS trades and the firm's |
| 2 | | outstanding gross and net notional amount of State of |
| 3 | | Illinois CDS, as of the end of the current 3-month period; |
| 4 | | (3) indicate, pursuant to the firm's proprietary |
| 5 | | trading activities, disclosure of whether the firm, within |
| 6 | | the past 3 months, has entered into any proprietary trades |
| 7 | | for its own account in State of Illinois CDS; |
| 8 | | (4) include, in the event of State of Illinois |
| 9 | | proprietary trades, disclosure of the firm's outstanding |
| 10 | | gross and net notional amount of proprietary State of |
| 11 | | Illinois CDS and whether the net position is short or long |
| 12 | | credit protection, as of the end of the current 3-month |
| 13 | | period; |
| 14 | | (5) list all time periods during the past 3 months |
| 15 | | during which the firm held net long or net short State of |
| 16 | | Illinois CDS proprietary credit protection positions, the |
| 17 | | amount of such positions, and whether those positions were |
| 18 | | net long or net short credit protection positions; and |
| 19 | | (6) indicate whether, within the previous 3 months, |
| 20 | | the firm released any publicly available research or |
| 21 | | marketing reports that reference State of Illinois CDS and |
| 22 | | include those research or marketing reports as |
| 23 | | attachments. |
| 24 | | (g) All entities included on a Governor's Office of |
| 25 | | Management and Budget's pool of qualified underwriters list |
| 26 | | shall, as soon as possible after March 18, 2011 (the effective |
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| 1 | | date of Public Act 96-1554), but not later than January 21, |
| 2 | | 2011, and on a quarterly fiscal basis thereafter, provide a |
| 3 | | written report to the Governor's Office of Management and |
| 4 | | 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 |
| 11 | | Illinois 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; |
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| 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, |
| 7 | | the firm released any publicly available research or |
| 8 | | marketing reports that reference State of Illinois CDS and |
| 9 | | include those research or marketing reports as |
| 10 | | attachments. |
| 11 | | (h) Notwithstanding any other provision of this Section, |
| 12 | | for purposes of maximizing market efficiencies and cost |
| 13 | | savings, Income Tax Proceed Bonds may be issued and sold from |
| 14 | | time to time, in one or more series, in such amounts and at |
| 15 | | such prices as may be directed by the Governor, upon |
| 16 | | recommendation by the Director of the Governor's Office of |
| 17 | | Management and Budget. Income Tax Proceed Bonds shall be in |
| 18 | | such form, either coupon, registered, or book entry, in such |
| 19 | | denominations, shall bear interest payable at such times and |
| 20 | | at such fixed or variable rate or rates, and be dated as shall |
| 21 | | be fixed and determined by the Director of the Governor's |
| 22 | | Office of Management and Budget in the order authorizing the |
| 23 | | issuance and sale of any series of Income Tax Proceed Bonds, |
| 24 | | which order shall be approved by the Governor and is herein |
| 25 | | called a "Bond Sale Order"; provided, however, that interest |
| 26 | | payable at fixed or variable rates shall not exceed that |
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| 1 | | permitted in the Bond Authorization Act. Income Tax Proceed |
| 2 | | Bonds shall be payable at such place or places, within or |
| 3 | | without the State of Illinois, and may be made registrable as |
| 4 | | to either principal or as to both principal and interest, as |
| 5 | | shall be specified in the Bond Sale Order. Income Tax Proceed |
| 6 | | Bonds may be callable or subject to purchase and retirement or |
| 7 | | tender and remarketing as fixed and determined in the Bond |
| 8 | | Sale Order. |
| 9 | | (i) Notwithstanding any other provision of this Section, |
| 10 | | for purposes of maximizing market efficiencies and cost |
| 11 | | savings, State Pension Obligation Acceleration Bonds may be |
| 12 | | issued and sold from time to time, in one or more series, in |
| 13 | | such amounts and at such prices as may be directed by the |
| 14 | | Governor, upon recommendation by the Director of the |
| 15 | | Governor's Office of Management and Budget. State Pension |
| 16 | | Obligation Acceleration Bonds shall be in such form, either |
| 17 | | coupon, registered, or book entry, in such denominations, |
| 18 | | shall bear interest payable at such times and at such fixed or |
| 19 | | variable rate or rates, and be dated as shall be fixed and |
| 20 | | determined by the Director of the Governor's Office of |
| 21 | | Management and Budget in the order authorizing the issuance |
| 22 | | and sale of any series of State Pension Obligation |
| 23 | | Acceleration Bonds, which order shall be approved by the |
| 24 | | Governor and is herein called a "Bond Sale Order"; provided, |
| 25 | | however, that interest payable at fixed or variable rates |
| 26 | | shall not exceed that permitted in the Bond Authorization Act. |
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| 1 | | State Pension Obligation Acceleration Bonds shall be payable |
| 2 | | at such place or places, within or without the State of |
| 3 | | Illinois, and may be made registrable as to either principal |
| 4 | | or as to both principal and interest, as shall be specified in |
| 5 | | the Bond Sale Order. State Pension Obligation Acceleration |
| 6 | | Bonds may be callable or subject to purchase and retirement or |
| 7 | | tender and remarketing as fixed and determined in the Bond |
| 8 | | Sale Order. |
| 9 | | (Source: P.A. 103-7, eff. 7-1-23; 103-591, eff. 7-1-24.) |
| 10 | | Article 15. |
| 11 | | Section 15-5. The Build Illinois Bond Act is amended by |
| 12 | | changing Sections 2, 4, and 13 as follows: |
| 13 | | (30 ILCS 425/2) (from Ch. 127, par. 2802) |
| 14 | | Sec. 2. Authorization for Bonds. The State of Illinois is |
| 15 | | authorized to issue, sell and provide for the retirement of |
| 16 | | limited obligation bonds, notes and other evidences of |
| 17 | | indebtedness of the State of Illinois in the total principal |
| 18 | | amount of $12,098,881,100 $11,358,681,100 herein called |
| 19 | | "Bonds". Such amount of authorized Bonds shall be exclusive of |
| 20 | | any refunding Bonds issued pursuant to Section 15 of this Act |
| 21 | | and exclusive of any Bonds issued pursuant to this Section |
| 22 | | which are redeemed, purchased, advance refunded, or defeased |
| 23 | | in accordance with paragraph (f) of Section 4 of this Act. |
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| 1 | | Bonds shall be issued for the categories and specific purposes |
| 2 | | expressed in Section 4 of this Act. |
| 3 | | (Source: P.A. 102-1071, eff. 6-10-22; 103-7, eff. 7-1-23; |
| 4 | | 103-591, eff. 7-1-24.) |
| 5 | | (30 ILCS 425/4) (from Ch. 127, par. 2804) |
| 6 | | Sec. 4. Purposes of Bonds. Bonds shall be issued for the |
| 7 | | following purposes and in the approximate amounts as set forth |
| 8 | | below: |
| 9 | | (a) $4,873,094,533 $4,741,094,533 for the expenses of |
| 10 | | issuance and sale of Bonds, including bond discounts, and for |
| 11 | | planning, engineering, acquisition, construction, |
| 12 | | reconstruction, development, improvement, demolition, and |
| 13 | | extension of the public infrastructure in the State of |
| 14 | | Illinois, including: the making of loans or grants to local |
| 15 | | governments for waste disposal systems, water and sewer line |
| 16 | | extensions and water distribution and purification facilities, |
| 17 | | rail or air or water port improvements, gas and electric |
| 18 | | utility extensions, publicly owned industrial and commercial |
| 19 | | sites, buildings used for public administration purposes and |
| 20 | | other public infrastructure capital improvements; the making |
| 21 | | of loans or grants to units of local government for financing |
| 22 | | and construction of wastewater facilities, including grants to |
| 23 | | serve unincorporated areas; refinancing or retiring bonds |
| 24 | | issued between January 1, 1987 and January 1, 1990 by home rule |
| 25 | | municipalities, debt service on which is provided from a tax |
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| 1 | | imposed by home rule municipalities prior to January 1, 1990 |
| 2 | | on the sale of food and drugs pursuant to Section 8-11-1 of the |
| 3 | | Home Rule Municipal Retailers' Occupation Tax Act or Section |
| 4 | | 8-11-5 of the Home Rule Municipal Service Occupation Tax Act; |
| 5 | | the making of deposits not to exceed $70,000,000 in the |
| 6 | | aggregate into the Water Pollution Control Revolving Fund to |
| 7 | | provide assistance in accordance with the provisions of Title |
| 8 | | IV-A of the Environmental Protection Act; the planning, |
| 9 | | engineering, acquisition, construction, reconstruction, |
| 10 | | alteration, expansion, extension and improvement of highways, |
| 11 | | bridges, structures separating highways and railroads, rest |
| 12 | | areas, interchanges, access roads to and from any State or |
| 13 | | local highway and other transportation improvement projects |
| 14 | | which are related to economic development activities; the |
| 15 | | making of loans or grants for planning, engineering, |
| 16 | | rehabilitation, improvement or construction of rail and |
| 17 | | transit facilities; the planning, engineering, acquisition, |
| 18 | | construction, reconstruction and improvement of watershed, |
| 19 | | drainage, flood control, recreation and related improvements |
| 20 | | and facilities, including expenses related to land and |
| 21 | | easement acquisition, relocation, control structures, channel |
| 22 | | work and clearing and appurtenant work; the planning, |
| 23 | | engineering, acquisition, construction, reconstruction and |
| 24 | | improvement of State facilities and related infrastructure; |
| 25 | | the making of Park and Recreational Facilities Construction |
| 26 | | (PARC) grants; the making of grants to units of local |
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| 1 | | government for community development capital projects; the |
| 2 | | making of grants for improvement and development of zoos and |
| 3 | | park district field houses and related structures; and the |
| 4 | | making of grants for improvement and development of Navy Pier |
| 5 | | and related structures. |
| 6 | | (b) $4,101,136,967 $3,554,636,967 for fostering economic |
| 7 | | development and increased employment and fostering the well |
| 8 | | being of the citizens of Illinois through community |
| 9 | | development, including: the making of grants for improvement |
| 10 | | and development of McCormick Place and related structures; the |
| 11 | | planning and construction of a microelectronics research |
| 12 | | center, including the planning, engineering, construction, |
| 13 | | improvement, renovation and acquisition of buildings, |
| 14 | | equipment and related utility support systems; the making of |
| 15 | | loans to businesses and investments in small businesses; |
| 16 | | acquiring real properties for industrial or commercial site |
| 17 | | development; acquiring, rehabilitating and reconveying |
| 18 | | industrial and commercial properties for the purpose of |
| 19 | | expanding employment and encouraging private and other public |
| 20 | | sector investment in the economy of Illinois; the payment of |
| 21 | | expenses associated with siting the Superconducting Super |
| 22 | | Collider Particle Accelerator in Illinois and with its |
| 23 | | acquisition, construction, maintenance, operation, promotion |
| 24 | | and support; the making of loans for the planning, |
| 25 | | engineering, acquisition, construction, improvement and |
| 26 | | conversion of facilities and equipment which will foster the |
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| 1 | | use of Illinois coal; the payment of expenses associated with |
| 2 | | the promotion, establishment, acquisition and operation of |
| 3 | | small business incubator facilities and agribusiness research |
| 4 | | facilities, including the lease, purchase, renovation, |
| 5 | | planning, engineering, construction and maintenance of |
| 6 | | buildings, utility support systems and equipment designated |
| 7 | | for such purposes and the establishment and maintenance of |
| 8 | | centralized support services within such facilities; the |
| 9 | | making of grants for transportation electrification |
| 10 | | infrastructure projects that promote use of clean and |
| 11 | | renewable energy; the making of capital expenditures and |
| 12 | | grants for broadband development and for a statewide broadband |
| 13 | | deployment grant program; the making of grants to public |
| 14 | | entities and private persons and entities for community |
| 15 | | development capital projects; the making of grants to public |
| 16 | | entities and private persons and entities for capital projects |
| 17 | | in the context of grant programs focused on assisting |
| 18 | | economically depressed areas, expanding affordable housing, |
| 19 | | supporting the provision of human services, supporting |
| 20 | | emerging technology enterprises, fostering the advancement of |
| 21 | | quantum information science and technology, and supporting |
| 22 | | minority owned businesses; and the making of grants or loans |
| 23 | | to units of local government for Urban Development Action |
| 24 | | Grant and Housing Partnership programs. |
| 25 | | (c) $2,846,776,600 $2,785,076,600 for the development and |
| 26 | | improvement of educational, scientific, technical and |
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| 1 | | vocational programs and facilities and the expansion of health |
| 2 | | and human services for all citizens of Illinois, including: |
| 3 | | the making of grants to school districts and not-for-profit |
| 4 | | organizations for early childhood construction projects |
| 5 | | pursuant to Section 5-300 of the School Construction Law; the |
| 6 | | making of grants to educational institutions for educational, |
| 7 | | scientific, technical and vocational program equipment and |
| 8 | | facilities; the making of grants to museums for equipment and |
| 9 | | facilities; the making of construction and improvement grants |
| 10 | | and loans to public libraries and library systems; the making |
| 11 | | of grants and loans for planning, engineering, acquisition and |
| 12 | | construction of a new State central library in Springfield; |
| 13 | | the planning, engineering, acquisition and construction of an |
| 14 | | animal and dairy sciences facility; the planning, engineering, |
| 15 | | acquisition and construction of a campus and all related |
| 16 | | buildings, facilities, equipment and materials for Richland |
| 17 | | Community College; the acquisition, rehabilitation and |
| 18 | | installation of equipment and materials for scientific and |
| 19 | | historical surveys; the making of grants or loans for |
| 20 | | distribution to eligible vocational education instructional |
| 21 | | programs for the upgrading of vocational education programs, |
| 22 | | school shops and laboratories, including the acquisition, |
| 23 | | rehabilitation and installation of technical equipment and |
| 24 | | materials; the making of grants or loans for distribution to |
| 25 | | eligible local educational agencies for the upgrading of math |
| 26 | | and science instructional programs, including the acquisition |
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| 1 | | of instructional equipment and materials; miscellaneous |
| 2 | | capital improvements for universities and community colleges |
| 3 | | including the planning, engineering, construction, |
| 4 | | reconstruction, remodeling, improvement, repair and |
| 5 | | installation of capital facilities and costs of planning, |
| 6 | | supplies, equipment, materials, services, and all other |
| 7 | | required expenses; the making of grants or loans for repair, |
| 8 | | renovation and miscellaneous capital improvements for |
| 9 | | privately operated colleges and universities and community |
| 10 | | colleges, including the planning, engineering, acquisition, |
| 11 | | construction, reconstruction, remodeling, improvement, repair |
| 12 | | and installation of capital facilities and costs of planning, |
| 13 | | supplies, equipment, materials, services, and all other |
| 14 | | required expenses; and the making of grants or loans for |
| 15 | | distribution to local governments for hospital and other |
| 16 | | health care facilities including the planning, engineering, |
| 17 | | acquisition, construction, reconstruction, remodeling, |
| 18 | | improvement, repair and installation of capital facilities and |
| 19 | | costs of planning, supplies, equipment, materials, services |
| 20 | | and all other required expenses. |
| 21 | | (d) $277,873,000 for protection, preservation, restoration |
| 22 | | and conservation of environmental and natural resources, |
| 23 | | including: the making of grants to soil and water conservation |
| 24 | | districts for the planning and implementation of conservation |
| 25 | | practices and for funding contracts with the Soil Conservation |
| 26 | | Service for watershed planning; the making of grants to units |
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| 1 | | of local government for the capital development and |
| 2 | | improvement of recreation areas, including planning and |
| 3 | | engineering costs, sewer projects, including planning and |
| 4 | | engineering costs and water projects, including planning and |
| 5 | | engineering costs, and for the acquisition of open space |
| 6 | | lands, including the acquisition of easements and other |
| 7 | | property interests of less than fee simple ownership; the |
| 8 | | making of grants to units of local government through the |
| 9 | | Illinois Green Infrastructure Grant Program to protect water |
| 10 | | quality and mitigate flooding; the acquisition and related |
| 11 | | costs and development and management of natural heritage |
| 12 | | lands, including natural areas and areas providing habitat for |
| 13 | | endangered species and nongame wildlife, and buffer area |
| 14 | | lands; the acquisition and related costs and development and |
| 15 | | management of habitat lands, including forest, wildlife |
| 16 | | habitat and wetlands; and the removal and disposition of |
| 17 | | hazardous substances, including the cost of project |
| 18 | | management, equipment, laboratory analysis, and contractual |
| 19 | | services necessary for preventative and corrective actions |
| 20 | | related to the preservation, restoration and conservation of |
| 21 | | the environment, including deposits not to exceed $60,000,000 |
| 22 | | in the aggregate into the Hazardous Waste Fund and the |
| 23 | | Brownfields Redevelopment Fund for improvements in accordance |
| 24 | | with the provisions of Titles V and XVII of the Environmental |
| 25 | | Protection Act. |
| 26 | | (e) The amount specified in paragraph (a) above shall |
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| 1 | | include an amount necessary to pay reasonable expenses of each |
| 2 | | issuance and sale of the Bonds, as specified in the related |
| 3 | | Bond Sale Order (hereinafter defined). |
| 4 | | (f) Any unexpended proceeds from any sale of Bonds which |
| 5 | | are held in the Build Illinois Bond Fund may be used to redeem, |
| 6 | | purchase, advance refund, or defease any Bonds outstanding. |
| 7 | | (Source: P.A. 103-7, eff. 7-1-23; 103-591, eff. 7-1-24.) |
| 8 | | (30 ILCS 425/13) (from Ch. 127, par. 2813) |
| 9 | | Sec. 13. Computation of principal and interest; transfer |
| 10 | | from Build Illinois Bond Account; payment from Build Illinois |
| 11 | | Bond Retirement and Interest Fund. Upon each delivery of |
| 12 | | Bonds authorized to be issued under this Act, the trustee |
| 13 | | under the Master Indenture shall compute and certify to the |
| 14 | | Director of the Governor's Office of Management and Budget, |
| 15 | | the Comptroller and the Treasurer (a) the total amount of the |
| 16 | | principal of and the interest and the premium, if any, on the |
| 17 | | Bonds then being issued and on Bonds previously issued and |
| 18 | | outstanding that will be payable in order to retire such Bonds |
| 19 | | at their stated maturities or mandatory sinking fund payment |
| 20 | | dates and (b) the amount of principal of and interest and |
| 21 | | premium, if any, on such Bonds that will be payable on each |
| 22 | | principal, interest and mandatory sinking fund payment date |
| 23 | | according to the tenor of such Bonds during the then current |
| 24 | | and each succeeding fiscal year. Such certifications shall |
| 25 | | include with respect to interest payable on Variable Rate |
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| 1 | | Bonds the maximum amount of interest which may be payable for |
| 2 | | the relevant period after taking into account any credits |
| 3 | | permitted in the related indenture against the amount of such |
| 4 | | interest required to be appropriated for such period pursuant |
| 5 | | to subsection (c) of Section 11 of this Act. |
| 6 | | On or before June 20, 1993 and on or before each June 20 |
| 7 | | thereafter so long as Bonds remain outstanding, the trustee |
| 8 | | under the Master Indenture shall deliver to the Director of |
| 9 | | the Governor's Office of Management and Budget (formerly |
| 10 | | Bureau of the Budget), the Comptroller and the Treasurer a |
| 11 | | certificate setting forth the "Certified Annual Debt Service |
| 12 | | Requirement" (hereinafter defined) for the next succeeding |
| 13 | | fiscal year. If Bonds are issued subsequent to the delivery of |
| 14 | | any such certificate, upon the issuance of such Bonds the |
| 15 | | trustee under the Master Indenture shall deliver a |
| 16 | | supplemental certificate setting forth the revisions, if any, |
| 17 | | in the Certified Annual Debt Service Requirement resulting |
| 18 | | from the issuance of such Bonds. The "Certified Annual Debt |
| 19 | | Service Requirement" for any fiscal year shall be an amount |
| 20 | | equal to (a) the aggregate amount of principal, interest and |
| 21 | | premium, if any, payable on outstanding Bonds during such |
| 22 | | fiscal year plus (b) the amount required to be deposited into |
| 23 | | any reserve fund securing such Bonds or for the purpose of |
| 24 | | retiring or defeasing such Bonds plus (c) the amount of any |
| 25 | | deficiencies in required transfers of amounts described in |
| 26 | | clauses (a) and (b) for any prior fiscal year, minus (d) the |
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| 1 | | amount, if any, of such interest to be paid from Bond proceeds |
| 2 | | on deposit under any indenture; provided, however, that |
| 3 | | interest payable on Variable Rate Bonds shall be calculated at |
| 4 | | the maximum rate of interest which may be payable during such |
| 5 | | fiscal year after taking into account any credits permitted in |
| 6 | | the related indenture against the amount of such interest |
| 7 | | required to be appropriated for such period pursuant to |
| 8 | | subsection (c) of Section 11 of this Act. |
| 9 | | In each month during fiscal years 1986 through 1993, the |
| 10 | | State Treasurer and Comptroller shall transfer, on the last |
| 11 | | day of such month, from the Build Illinois Bond Account to the |
| 12 | | Build Illinois Bond Retirement and Interest Fund and shall |
| 13 | | make payment from the Build Illinois Bond Retirement and |
| 14 | | Interest Fund to the trustee under the Master Indenture of an |
| 15 | | amount equal to 1/12 of 150% of the amount set forth below for |
| 16 | | each such fiscal year, plus any cumulative deficiency in such |
| 17 | | transfers and payments for prior months; provided that such |
| 18 | | transfers shall commence in October, 1985 and such amounts for |
| 19 | | fiscal year 1986 shall equal 1/9 of 150% of the amount set |
| 20 | | forth below for such fiscal year: |
|
| 21 | | Fiscal Year | Amount | |
| 22 | | 1986 | $15,000,000 | |
| 23 | | 1987 | $25,000,000 | |
| 24 | | 1988 | $40,000,000 | |
| 25 | | 1989 | $54,000,000 | |
| 26 | | 1990 | $85,400,000 | |
|
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| 1 | | 1991 | $133,600,000 | |
| 2 | | 1992 | $164,400,000 | |
| 3 | | 1993 | $188,900,000 |
|
| 4 | | provided that payments of such amounts from the Build Illinois |
| 5 | | Bond Retirement and Interest Fund to the trustee under the |
| 6 | | Master Indenture shall commence on the last day of the month in |
| 7 | | which Bonds are initially issued under this Act; and, further |
| 8 | | provided, that the first such payment to said trustee shall |
| 9 | | equal the entire amount then on deposit in the Build Illinois |
| 10 | | Bond Retirement and Interest Fund; and, further provided, that |
| 11 | | the aggregate amount of transfers and payments for any such |
| 12 | | fiscal year shall not exceed the amount set forth above for |
| 13 | | such fiscal year. |
| 14 | | In each month in which Bonds are outstanding during fiscal |
| 15 | | year 1994 and each fiscal year thereafter, the State Treasurer |
| 16 | | and Comptroller shall transfer, on the last day of such month, |
| 17 | | (i) with respect to Bonds constituting bonds issued pursuant |
| 18 | | to the bond authorization under this Act enacted pursuant to |
| 19 | | Public Act 96-36, Public Act 96-1554, Public Act 98-94, and |
| 20 | | Public Act 103-591 this amendatory Act of the 103rd General |
| 21 | | Assembly (and any refunding Bonds issued to refund such |
| 22 | | Bonds), first from the Capital Projects Fund and second, if |
| 23 | | needed, from the Build Illinois Bond Account and (ii) with |
| 24 | | respect to all other Bonds not described in clause (i), from |
| 25 | | the Build Illinois Bond Account, in each case, to the Build |
| 26 | | Illinois Bond Retirement and Interest Fund and shall make |
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| 1 | | payment from the Build Illinois Bond Retirement and Interest |
| 2 | | Fund to the trustee under the Master Indenture of an amount |
| 3 | | equal to the greater of (a) 1/12th of 150% of the Certified |
| 4 | | Annual Debt Service Requirement or (b) the Tax Act Amount (as |
| 5 | | defined in Section 3 of the "Retailers' Occupation Tax Act", |
| 6 | | as amended) deposited in the Build Illinois Bond Account |
| 7 | | during such month, plus any cumulative deficiency in such |
| 8 | | transfers and payments for prior months; provided that such |
| 9 | | transfers and payments for any such fiscal year shall not |
| 10 | | exceed the greater of (a) the Certified Annual Debt Service |
| 11 | | Requirement or (b) the Tax Act Amount. |
| 12 | | (Source: P.A. 103-591, eff. 7-1-24.)". |