Full Text of SB0004 100th General Assembly
SB0004 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB0004 Introduced 1/11/2017, by Sen. Donne E. Trotter SYNOPSIS AS INTRODUCED: |
| 30 ILCS 330/2 | from Ch. 127, par. 652 | 30 ILCS 330/2.5 | | 30 ILCS 330/7.6 new | | 30 ILCS 330/9 | from Ch. 127, par. 659 | 30 ILCS 330/11 | from Ch. 127, par. 661 | 30 ILCS 330/12 | from Ch. 127, par. 662 | 30 ILCS 330/13 | from Ch. 127, par. 663 |
|
Amends the General Obligation Bond Act. Authorizes the issuance of an additional $7,000,000,000 in State General Obligation Restructuring Bonds. Provides that the proceeds from that bond sale shall be used for the purpose of paying vouchers incurred by the State prior to July 1, 2017. Effective immediately, but this Act does not take effect at all unless Senate Bills 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the 100th General Assembly become law.
|
| |
| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
|
| | | SB0004 | | LRB100 06348 HLH 16386 b |
|
| 1 | | AN ACT concerning finance.
| 2 | | WHEREAS, the purpose of this amendatory Act of the 100th | 3 | | General Assembly is to provide financial relief to providers | 4 | | and vendors who do business with the State of Illinois; | 5 | | therefore | 6 | | Be it enacted by the People of the State of Illinois,
| 7 | | represented in the General Assembly:
| 8 | | Section 5. The General Obligation Bond Act is amended by | 9 | | changing Sections 2, 2.5, 9, 11, 12, and 13 and by adding | 10 | | Section 7.6 as follows: | 11 | | (30 ILCS 330/2) (from Ch. 127, par. 652) | 12 | | Sec. 2. Authorization for Bonds. The State of Illinois is | 13 | | authorized to
issue, sell and provide for the retirement of | 14 | | General Obligation Bonds of
the State of Illinois for the | 15 | | categories and specific purposes expressed in
Sections 2 | 16 | | through 8 of this Act, in the total amount of $56,917,925,743 | 17 | | $49,917,925,743 . | 18 | | The bonds authorized in this Section 2 and in Section 16 of | 19 | | this Act are
herein called "Bonds". | 20 | | Of the total amount of Bonds authorized in this Act, up to | 21 | | $2,200,000,000
in aggregate original principal amount may be | 22 | | issued and sold in accordance
with the Baccalaureate Savings |
| | | SB0004 | - 2 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Act in the form of General Obligation
College Savings Bonds. | 2 | | Of the total amount of Bonds authorized in this Act, up to | 3 | | $300,000,000 in
aggregate original principal amount may be | 4 | | issued and sold in accordance
with the Retirement Savings Act | 5 | | in the form of General Obligation
Retirement Savings Bonds. | 6 | | Of the total amount of Bonds authorized in this Act, the | 7 | | additional
$10,000,000,000 authorized by Public Act 93-2, the | 8 | | $3,466,000,000 authorized by Public Act 96-43, and the | 9 | | $4,096,348,300 authorized by Public Act 96-1497 shall be used | 10 | | solely as provided in Section 7.2. | 11 | | Of the total amount of Bonds authorized in this Act, the | 12 | | additional $7,000,000,000 authorized by this amendatory Act of | 13 | | the 100th General Assembly shall be used solely as provided in | 14 | | Section 7.6 and shall be issued by September 1, 2017. | 15 | | The issuance and sale of Bonds pursuant to the General | 16 | | Obligation Bond
Act is an economical and efficient method of | 17 | | financing the long-term capital needs of
the State. This Act | 18 | | will permit the issuance of a multi-purpose General
Obligation | 19 | | Bond with uniform terms and features. This will not only lower
| 20 | | the cost of registration but also reduce the overall cost of | 21 | | issuing debt
by improving the marketability of Illinois General | 22 | | Obligation Bonds. | 23 | | (Source: P.A. 97-333, eff. 8-12-11; 97-771, eff. 7-10-12; | 24 | | 97-813, eff. 7-13-12; 98-94, eff. 7-17-13; 98-463, eff. | 25 | | 8-16-13; 98-781, eff. 7-22-14.) |
| | | SB0004 | - 3 - | LRB100 06348 HLH 16386 b |
|
| 1 | | (30 ILCS 330/2.5) | 2 | | Sec. 2.5. Limitation on issuance of Bonds. | 3 | | (a) Except as provided in subsection (b), no Bonds may be | 4 | | issued if, after the issuance, in the next State fiscal year | 5 | | after the issuance of the Bonds, the amount of debt service | 6 | | (including principal, whether payable at maturity or pursuant | 7 | | to mandatory sinking fund installments, and interest) on all | 8 | | then-outstanding Bonds, other than (i) Bonds authorized by this | 9 | | amendatory Act of the 100th General Assembly, (ii) Bonds issued | 10 | | authorized by Public Act 96-43 , and (iii) other than Bonds | 11 | | authorized by Public Act 96-1497, would exceed 7% of the | 12 | | aggregate appropriations from the general funds (which consist | 13 | | of the General Revenue Fund, the Common School Fund, the | 14 | | General Revenue Common School Special Account Fund, and the | 15 | | Education Assistance Fund) and the Road Fund for the fiscal | 16 | | year immediately prior to the fiscal year of the issuance. | 17 | | (b) If the Comptroller and Treasurer each consent in | 18 | | writing, Bonds may be issued even if the issuance does not | 19 | | comply with subsection (a). In addition, $2,000,000,000 in | 20 | | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | 21 | | and $2,000,000,000 in Refunding Bonds under Section 16, may be | 22 | | issued during State fiscal year 2017 without complying with | 23 | | subsection (a).
| 24 | | (Source: P.A. 99-523, eff. 6-30-16.) | 25 | | (30 ILCS 330/7.6 new) |
| | | SB0004 | - 4 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Sec. 7.6. State General Obligation Restructuring Bonds. | 2 | | (a) As used in this Act, "State General Obligation | 3 | | Restructuring Bonds" means Bonds (i) authorized by this | 4 | | amendatory Act of the 100th General Assembly or any other | 5 | | Public Act of the 100th General Assembly authorizing the | 6 | | issuance of State General Obligation Restructuring Bonds and | 7 | | (ii) used for the payment of unpaid obligations of the State as | 8 | | incurred from time to time and as authorized by the General | 9 | | Assembly. | 10 | | (b) State General Obligation Restructuring Bonds in the | 11 | | amount of $7,000,000,000 are hereby authorized to be used for | 12 | | purpose of paying vouchers incurred by the State prior to July | 13 | | 1, 2017. | 14 | | (c) The proceeds of State General Obligation Restructuring
| 15 | | Bonds authorized in subsection (b) of this Section, less the | 16 | | amounts authorized in the Bond Sale Order to be deposited | 17 | | directly into the capitalized interest account of the General | 18 | | Obligation Bond Retirement and Interest Fund or otherwise | 19 | | directly paid out for bond sale expenses under Section 8, shall | 20 | | be deposited into the General Revenue Fund, and the Comptroller | 21 | | and the Treasurer shall, as soon as practical, make payments as | 22 | | contemplated by this Section.
| 23 | | (30 ILCS 330/9) (from Ch. 127, par. 659)
| 24 | | Sec. 9. Conditions for Issuance and Sale of Bonds - | 25 | | Requirements for
Bonds. |
| | | SB0004 | - 5 - | LRB100 06348 HLH 16386 b |
|
| 1 | | (a) Except as otherwise provided in this subsection and | 2 | | subsection (h) , Bonds shall be issued and sold from time to | 3 | | time, in one or
more series, in such amounts and at such prices | 4 | | as may be directed by the
Governor, upon recommendation by the | 5 | | Director of the
Governor's Office of Management and Budget.
| 6 | | Bonds shall be in such form (either coupon, registered or book | 7 | | entry), in
such denominations, payable within 25 years from | 8 | | their date, subject to such
terms of redemption with or without | 9 | | premium, bear interest payable at
such times and at such fixed | 10 | | or variable rate or rates, and be dated
as shall be fixed and | 11 | | determined by the Director of
the
Governor's Office of | 12 | | Management and Budget
in the order authorizing the issuance and | 13 | | sale
of any series of Bonds, which order shall be approved by | 14 | | the Governor
and is herein called a "Bond Sale Order"; provided | 15 | | however, that interest
payable at fixed or variable rates shall | 16 | | not exceed that permitted in the
Bond Authorization Act, as now | 17 | | or hereafter amended. Bonds shall be
payable at such place or | 18 | | places, within or without the State of Illinois, and
may be | 19 | | made registrable as to either principal or as to both principal | 20 | | and
interest, as shall be specified in the Bond Sale Order. | 21 | | Bonds may be callable
or subject to purchase and retirement or | 22 | | tender and remarketing as fixed
and determined in the Bond Sale | 23 | | Order. Bonds, other than Bonds issued under Section 3 of this | 24 | | Act for the costs associated with the purchase and | 25 | | implementation of information technology, (i) except for | 26 | | refunding Bonds satisfying the requirements of Section 16 of |
| | | SB0004 | - 6 - | LRB100 06348 HLH 16386 b |
|
| 1 | | this Act and sold during fiscal year 2009, 2010, 2011, or 2017 | 2 | | must be issued with principal or mandatory redemption amounts | 3 | | in equal amounts, with the first maturity issued occurring | 4 | | within the fiscal year in which the Bonds are issued or within | 5 | | the next succeeding fiscal year and (ii) must mature or be | 6 | | subject to mandatory redemption each fiscal year thereafter up | 7 | | to 25 years, except for refunding Bonds satisfying the | 8 | | requirements of Section 16 of this Act and sold during fiscal | 9 | | year 2009, 2010, or 2011 which must mature or be subject to | 10 | | mandatory redemption each fiscal year thereafter up to 16 | 11 | | years. Bonds issued under Section 3 of this Act for the costs | 12 | | associated with the purchase and implementation of information | 13 | | technology must be issued with principal or mandatory | 14 | | redemption amounts in equal amounts, with the first maturity | 15 | | issued occurring with the fiscal year in which the respective | 16 | | bonds are issued or with the next succeeding fiscal year, with | 17 | | the respective bonds issued maturing or subject to mandatory | 18 | | redemption each fiscal year thereafter up to 10 years. | 19 | | Notwithstanding any provision of this Act to the contrary, the | 20 | | Bonds authorized by Public Act 96-43 shall be payable within 5 | 21 | | years from their date and must be issued with principal or | 22 | | mandatory redemption amounts in equal amounts, with payment of | 23 | | principal or mandatory redemption beginning in the first fiscal | 24 | | year following the fiscal year in which the Bonds are issued.
| 25 | | Notwithstanding any provision of this Act to the contrary, | 26 | | the Bonds authorized by Public Act 96-1497 shall be payable |
| | | SB0004 | - 7 - | LRB100 06348 HLH 16386 b |
|
| 1 | | within 8 years from their date and shall be issued with payment | 2 | | of maturing principal or scheduled mandatory redemptions in | 3 | | accordance with the following schedule, except the following | 4 | | amounts shall be prorated if less than the total additional | 5 | | amount of Bonds authorized by Public Act 96-1497 are issued: | 6 | | Fiscal Year After Issuance Amount | 7 | | 1-2 $0 | 8 | | 3 $110,712,120 | 9 | | 4 $332,136,360 | 10 | | 5 $664,272,720 | 11 | | 6-8 $996,409,080 | 12 | | Notwithstanding any provision of this Act to the contrary, | 13 | | State General Obligation Restructuring Bonds issued under | 14 | | Section 7.6 shall be payable within 7 years from the date of | 15 | | sale and shall be issued with payment of principal or mandatory | 16 | | redemption as set forth in subsection (h) of this Section. | 17 | | In the case of any series of Bonds bearing interest at a | 18 | | variable interest
rate ("Variable Rate Bonds"), in lieu of | 19 | | determining the rate or rates at which
such series of Variable | 20 | | Rate Bonds shall bear interest and the price or prices
at which | 21 | | such Variable Rate Bonds shall be initially sold or remarketed | 22 | | (in the
event of purchase and subsequent resale), the Bond Sale | 23 | | Order may provide that
such interest rates and prices may vary | 24 | | from time to time depending on criteria
established in such | 25 | | Bond Sale Order, which criteria may include, without
| 26 | | limitation, references to indices or variations in interest |
| | | SB0004 | - 8 - | LRB100 06348 HLH 16386 b |
|
| 1 | | rates as may, in
the judgment of a remarketing agent, be | 2 | | necessary to cause Variable Rate Bonds
of such series to be | 3 | | remarketable from time to time at a price equal to their
| 4 | | principal amount, and may provide for appointment of a bank, | 5 | | trust company,
investment bank, or other financial institution | 6 | | to serve as remarketing agent
in that connection.
The Bond Sale | 7 | | Order may provide that alternative interest rates or provisions
| 8 | | for establishing alternative interest rates, different | 9 | | security or claim
priorities, or different call or amortization | 10 | | provisions will apply during
such times as Variable Rate Bonds | 11 | | of any series are held by a person providing
credit or | 12 | | liquidity enhancement arrangements for such Bonds as | 13 | | authorized in
subsection (b) of this Section.
The Bond Sale | 14 | | Order may also provide for such variable interest rates to be
| 15 | | established pursuant to a process generally known as an auction | 16 | | rate process
and may provide for appointment of one or more | 17 | | financial institutions to serve
as auction agents and | 18 | | broker-dealers in connection with the establishment of
such | 19 | | interest rates and the sale and remarketing of such Bonds.
| 20 | | (b) In connection with the issuance of any series of Bonds, | 21 | | the State may
enter into arrangements to provide additional | 22 | | security and liquidity for such
Bonds, including, without | 23 | | limitation, bond or interest rate insurance or
letters of | 24 | | credit, lines of credit, bond purchase contracts, or other
| 25 | | arrangements whereby funds are made available to retire or | 26 | | purchase Bonds,
thereby assuring the ability of owners of the |
| | | SB0004 | - 9 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Bonds to sell or redeem their
Bonds. The State may enter into | 2 | | contracts and may agree to pay fees to persons
providing such | 3 | | arrangements, but only under circumstances where the Director | 4 | | of
the
Governor's Office of Management and Budget certifies | 5 | | that he or she reasonably expects the total
interest paid or to | 6 | | be paid on the Bonds, together with the fees for the
| 7 | | arrangements (being treated as if interest), would not, taken | 8 | | together, cause
the Bonds to bear interest, calculated to their | 9 | | stated maturity, at a rate in
excess of the rate that the Bonds | 10 | | would bear in the absence of such
arrangements.
| 11 | | The State may, with respect to Bonds issued or anticipated | 12 | | to be issued,
participate in and enter into arrangements with | 13 | | respect to interest rate
protection or exchange agreements, | 14 | | guarantees, or financial futures contracts
for the purpose of | 15 | | limiting, reducing, or managing interest rate exposure.
The | 16 | | authority granted under this paragraph, however, shall not | 17 | | increase the principal amount of Bonds authorized to be issued | 18 | | by law. The arrangements may be executed and delivered by the | 19 | | Director
of the
Governor's Office of Management and Budget on | 20 | | behalf of the State. Net payments for such
arrangements shall | 21 | | constitute interest on the Bonds and shall be paid from the
| 22 | | General Obligation Bond Retirement and Interest Fund. The | 23 | | Director of the
Governor's Office of Management and Budget | 24 | | shall at least annually certify to the Governor and
the
State | 25 | | Comptroller his or her estimate of the amounts of such net | 26 | | payments to
be included in the calculation of interest required |
| | | SB0004 | - 10 - | LRB100 06348 HLH 16386 b |
|
| 1 | | to be paid by the State.
| 2 | | (c) Prior to the issuance of any Variable Rate Bonds | 3 | | pursuant to
subsection (a), the Director of the
Governor's | 4 | | Office of Management and Budget shall adopt an
interest rate | 5 | | risk management policy providing that the amount of the State's
| 6 | | variable rate exposure with respect to Bonds shall not exceed | 7 | | 20%. This policy
shall remain in effect while any Bonds are | 8 | | outstanding and the issuance of
Bonds
shall be subject to the | 9 | | terms of such policy. The terms of this policy may be
amended | 10 | | from time to time by the Director of the
Governor's Office of | 11 | | Management and Budget but in no
event shall any amendment cause | 12 | | the permitted level of the State's variable
rate exposure with | 13 | | respect to Bonds to exceed 20%.
| 14 | | (d) "Build America Bonds" in this Section means Bonds | 15 | | authorized by Section 54AA of the Internal Revenue Code of | 16 | | 1986, as amended ("Internal Revenue Code"), and bonds issued | 17 | | from time to time to refund or continue to refund "Build | 18 | | America Bonds". | 19 | | (e) Notwithstanding any other provision of this Section, | 20 | | Qualified School Construction Bonds shall be issued and sold | 21 | | from time to time, in one or more series, in such amounts and | 22 | | at such prices as may be directed by the Governor, upon | 23 | | recommendation by the Director of the Governor's Office of | 24 | | Management and Budget. Qualified School Construction Bonds | 25 | | shall be in such form (either coupon, registered or book | 26 | | entry), in such denominations, payable within 25 years from |
| | | SB0004 | - 11 - | LRB100 06348 HLH 16386 b |
|
| 1 | | their date, subject to such terms of redemption with or without | 2 | | premium, and if the Qualified School Construction Bonds are | 3 | | issued with a supplemental coupon, bear interest payable at | 4 | | such times and at such fixed or variable rate or rates, and be | 5 | | dated as shall be fixed and determined by the Director of the | 6 | | Governor's Office of Management and Budget in the order | 7 | | authorizing the issuance and sale of any series of Qualified | 8 | | School Construction Bonds, which order shall be approved by the | 9 | | Governor and is herein called a "Bond Sale Order"; except that | 10 | | interest payable at fixed or variable rates, if any, shall not | 11 | | exceed that permitted in the Bond Authorization Act, as now or | 12 | | hereafter amended. Qualified School Construction Bonds shall | 13 | | be payable at such place or places, within or without the State | 14 | | of Illinois, and may be made registrable as to either principal | 15 | | or as to both principal and interest, as shall be specified in | 16 | | the Bond Sale Order. Qualified School Construction Bonds may be | 17 | | callable or subject to purchase and retirement or tender and | 18 | | remarketing as fixed and determined in the Bond Sale Order. | 19 | | Qualified School Construction Bonds must be issued with | 20 | | principal or mandatory redemption amounts or sinking fund | 21 | | payments into the General Obligation Bond Retirement and | 22 | | Interest Fund (or subaccount therefor) in equal amounts, with | 23 | | the first maturity issued, mandatory redemption payment or | 24 | | sinking fund payment occurring within the fiscal year in which | 25 | | the Qualified School Construction Bonds are issued or within | 26 | | the next succeeding fiscal year, with Qualified School |
| | | SB0004 | - 12 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Construction Bonds issued maturing or subject to mandatory | 2 | | redemption or with sinking fund payments thereof deposited each | 3 | | fiscal year thereafter up to 25 years. Sinking fund payments | 4 | | set forth in this subsection shall be permitted only to the | 5 | | extent authorized in Section 54F of the Internal Revenue Code | 6 | | or as otherwise determined by the Director of the Governor's | 7 | | Office of Management and Budget. "Qualified School | 8 | | Construction Bonds" in this subsection means Bonds authorized | 9 | | by Section 54F of the Internal Revenue Code and for bonds | 10 | | issued from time to time to refund or continue to refund such | 11 | | "Qualified School Construction Bonds". | 12 | | (f) Beginning with the next issuance by the Governor's | 13 | | Office of Management and Budget to the Procurement Policy Board | 14 | | of a request for quotation for the purpose of formulating a new | 15 | | pool of qualified underwriting banks list, all entities | 16 | | responding to such a request for quotation for inclusion on | 17 | | that list shall provide a written report to the Governor's | 18 | | Office of Management and Budget and the Illinois Comptroller. | 19 | | The written report submitted to the Comptroller shall (i) be | 20 | | published on the Comptroller's Internet website and (ii) be | 21 | | used by the Governor's Office of Management and Budget for the | 22 | | purposes of scoring such a request for quotation. The written | 23 | | report, at a minimum, shall: | 24 | | (1) disclose whether, within the past 3 months, | 25 | | pursuant to its credit default swap market-making | 26 | | activities, the firm has entered into any State of Illinois |
| | | SB0004 | - 13 - | LRB100 06348 HLH 16386 b |
|
| 1 | | credit default swaps ("CDS"); | 2 | | (2) include, in the event of State of Illinois CDS | 3 | | activity, disclosure of the firm's cumulative notional | 4 | | volume of State of Illinois CDS trades and the firm's | 5 | | outstanding gross and net notional amount of State of | 6 | | Illinois CDS, as of the end of the current 3-month period; | 7 | | (3) indicate, pursuant to the firm's proprietary | 8 | | trading activities, disclosure of whether the firm, within | 9 | | the past 3 months, has entered into any proprietary trades | 10 | | for its own account in State of Illinois CDS; | 11 | | (4) include, in the event of State of Illinois | 12 | | proprietary trades, disclosure of the firm's outstanding | 13 | | gross and net notional amount of proprietary State of | 14 | | Illinois CDS and whether the net position is short or long | 15 | | credit protection, as of the end of the current 3-month | 16 | | period; | 17 | | (5) list all time periods during the past 3 months | 18 | | during which the firm held net long or net short State of | 19 | | Illinois CDS proprietary credit protection positions, the | 20 | | amount of such positions, and whether those positions were | 21 | | net long or net short credit protection positions; and | 22 | | (6) indicate whether, within the previous 3 months, the | 23 | | firm released any publicly available research or marketing | 24 | | reports that reference State of Illinois CDS and include | 25 | | those research or marketing reports as attachments. | 26 | | (g) All entities included on a Governor's Office of |
| | | SB0004 | - 14 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Management and Budget's pool of qualified underwriting banks | 2 | | list shall, as soon as possible after March 18, 2011 (the | 3 | | effective date of Public Act 96-1554), but not later than | 4 | | January 21, 2011, and on a quarterly fiscal basis thereafter, | 5 | | provide a written report to the Governor's Office of Management | 6 | | and Budget and the Illinois Comptroller. The written reports | 7 | | submitted to the Comptroller shall be published on the | 8 | | Comptroller's Internet website. The written reports, at a | 9 | | minimum, shall: | 10 | | (1) disclose whether, within the past 3 months, | 11 | | pursuant to its credit default swap market-making | 12 | | activities, the firm has entered into any State of Illinois | 13 | | credit default swaps ("CDS"); | 14 | | (2) include, in the event of State of Illinois CDS | 15 | | activity, disclosure of the firm's cumulative notional | 16 | | volume of State of Illinois CDS trades and the firm's | 17 | | outstanding gross and net notional amount of State of | 18 | | Illinois CDS, as of the end of the current 3-month period; | 19 | | (3) indicate, pursuant to the firm's proprietary | 20 | | trading activities, disclosure of whether the firm, within | 21 | | the past 3 months, has entered into any proprietary trades | 22 | | for its own account in State of Illinois CDS; | 23 | | (4) include, in the event of State of Illinois | 24 | | proprietary trades, disclosure of the firm's outstanding | 25 | | gross and net notional amount of proprietary State of | 26 | | Illinois CDS and whether the net position is short or long |
| | | SB0004 | - 15 - | LRB100 06348 HLH 16386 b |
|
| 1 | | credit protection, as of the end of the current 3-month | 2 | | period; | 3 | | (5) list all time periods during the past 3 months | 4 | | during which the firm held net long or net short State of | 5 | | Illinois CDS proprietary credit protection positions, the | 6 | | amount of such positions, and whether those positions were | 7 | | net long or net short credit protection positions; and | 8 | | (6) indicate whether, within the previous 3 months, the | 9 | | firm released any publicly available research or marketing | 10 | | reports that reference State of Illinois CDS and include | 11 | | those research or marketing reports as attachments. | 12 | | (h) Notwithstanding any other provision of this Section, | 13 | | for purposes of maximizing market efficiencies and cost | 14 | | savings, State General Obligation Restructuring Bonds may be | 15 | | issued and sold from time to time, in one or more series, in | 16 | | such amounts and at such prices as may be directed by the | 17 | | Governor, upon recommendation by the Director of the Governor's | 18 | | Office of Management and Budget. State General Obligation | 19 | | Restructuring Bonds shall be in such form, either coupon, | 20 | | registered, or book entry, in such denominations, shall bear | 21 | | interest payable at such times and at such fixed or variable | 22 | | rate or rates, and be dated as shall be fixed and determined by | 23 | | the Director of the Governor's Office of Management and Budget | 24 | | in the order authorizing the issuance and sale of any series of | 25 | | State General Obligation Restructuring Bonds, which order | 26 | | shall be approved by the Governor and is herein called a "Bond |
| | | SB0004 | - 16 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Sale Order"; provided, however, that interest payable at fixed | 2 | | or variable rates shall not exceed that permitted in the Bond | 3 | | Authorization Act. State General Obligation Restructuring | 4 | | Bonds shall be payable at such place or places, within or | 5 | | without the State of Illinois, and may be made registrable as | 6 | | to either principal or as to both principal and interest, as | 7 | | shall be specified in the Bond Sale Order.
State General | 8 | | Obligation Restructuring Bonds may be callable or subject to | 9 | | purchase and retirement or tender and remarketing as fixed and | 10 | | determined in the Bond Sale Order. | 11 | | The aggregate principal and interest amounts of State | 12 | | General Obligation Restructuring Bonds authorized by and | 13 | | issued pursuant to this
amendatory Act of the 100th General | 14 | | Assembly or other such amendatory Acts of the 100th General | 15 | | Assembly authorizing the issuance of State General Obligation | 16 | | Restructuring Bonds shall, in the aggregate, mature or be | 17 | | subject to redemption in the annual percentages set forth in | 18 | | the following schedule: | 19 | | (1) for fiscal year 2019, 14.2857%; | 20 | | (2) for fiscal year 2020, 14.2857%; | 21 | | (3) for fiscal year 2021, 14.2857%; | 22 | | (4) for fiscal year 2022, 14.2857%; | 23 | | (5) for fiscal year 2023, 14.2857%; | 24 | | (6) for fiscal year 2024, 14.2857%; and | 25 | | (7) for fiscal year 2025, 14.2858%. | 26 | | Notwithstanding the foregoing, the principal amounts |
| | | SB0004 | - 17 - | LRB100 06348 HLH 16386 b |
|
| 1 | | calculated above shall be in increments of $5,000. Moreover, | 2 | | the percentages set forth in items (1) through (7) shall be | 3 | | applicable to the aggregate principal amount of State General | 4 | | Obligation Restructuring Bonds authorized by this amendatory | 5 | | Act of the 100th General
Assembly and any other amendatory Acts | 6 | | of the 100th General Assembly authorizing State General | 7 | | Obligation Restructuring Bonds. While individual series of | 8 | | State General Obligation Restructuring Bonds as may be sold | 9 | | from time to time need not be scheduled to mature or be subject | 10 | | to redemption in accordance with the percentages above, | 11 | | redemptions whether by maturity or sinking fund, in any fiscal | 12 | | year for all State General Obligation Restructuring Bonds, in | 13 | | the aggregate, shall be no less than the percentages shown | 14 | | above. Notwithstanding the foregoing, in the event that fewer | 15 | | than all of the State General Obligation Restructuring Bonds | 16 | | authorized by this amendatory Act of the 100th General
Assembly | 17 | | have been issued by September 1, 2017, failure of the | 18 | | then-outstanding State General Obligation Restructuring Bonds | 19 | | to satisfy the repayment schedule set forth above shall not | 20 | | affect the validity of any of those outstanding Bonds. | 21 | | (Source: P.A. 99-523, eff. 6-30-16.)
| 22 | | (30 ILCS 330/11) (from Ch. 127, par. 661)
| 23 | | Sec. 11. Sale of Bonds. Except as otherwise provided in | 24 | | this Section,
Bonds shall be sold from time to time pursuant to
| 25 | | notice of sale and public bid or by negotiated sale
in such |
| | | SB0004 | - 18 - | LRB100 06348 HLH 16386 b |
|
| 1 | | amounts and at such
times as is directed by the Governor, upon | 2 | | recommendation by the Director of
the
Governor's Office of | 3 | | Management and Budget. At least 25%, based on total principal | 4 | | amount, of all Bonds issued each fiscal year shall be sold | 5 | | pursuant to notice of sale and public bid. At all times during | 6 | | each fiscal year, no more than 75%, based on total principal | 7 | | amount, of the Bonds issued each fiscal year, shall have been | 8 | | sold by negotiated sale. Failure to satisfy the requirements in | 9 | | the preceding 2 sentences shall not affect the validity of any | 10 | | previously issued Bonds; provided that all Bonds authorized by | 11 | | Public Act 96-43 and Public Act 96-1497 shall not be included | 12 | | in determining compliance for any fiscal year with the | 13 | | requirements of the preceding 2 sentences; and further provided | 14 | | that refunding Bonds satisfying the requirements of Section 16 | 15 | | of this Act and sold during fiscal year 2009, 2010, 2011, or | 16 | | 2017 shall not be subject to the requirements in the preceding | 17 | | 2 sentences.
| 18 | | If
any Bonds, including refunding Bonds, are to be sold by | 19 | | negotiated
sale, the
Director of the
Governor's Office of | 20 | | Management and Budget
shall comply with the
competitive request | 21 | | for proposal process set forth in the Illinois
Procurement Code | 22 | | and all other applicable requirements of that Code.
| 23 | | If Bonds are to be sold pursuant to notice of sale and | 24 | | public bid, the
Director of the
Governor's Office of Management | 25 | | and Budget may, from time to time, as Bonds are to be sold, | 26 | | advertise
the sale of the Bonds in at least 2 daily newspapers, |
| | | SB0004 | - 19 - | LRB100 06348 HLH 16386 b |
|
| 1 | | one of which is
published in the City of Springfield and one in | 2 | | the City of Chicago. The sale
of the Bonds shall also be
| 3 | | advertised in the volume of the Illinois Procurement Bulletin | 4 | | that is
published by the Department of Central Management | 5 | | Services, and shall be published once at least
10 days prior to | 6 | | the date fixed
for the opening of the bids. The Director of the
| 7 | | Governor's Office of Management and Budget may
reschedule the | 8 | | date of sale upon the giving of such additional notice as the
| 9 | | Director deems adequate to inform prospective bidders of
such | 10 | | change; provided, however, that all other conditions of the | 11 | | sale shall
continue as originally advertised.
| 12 | | Executed Bonds shall, upon payment therefor, be delivered | 13 | | to the purchaser,
and the proceeds of Bonds shall be paid into | 14 | | the State Treasury as directed by
Section 12 of this Act.
| 15 | | All State General Obligation Restructuring Bonds shall | 16 | | comply with this Section. Notwithstanding anything to the | 17 | | contrary, however, for purposes of complying with this Section, | 18 | | State General Obligation Restructuring Bonds, regardless of | 19 | | the number of series or issuances sold thereunder, shall be
| 20 | | considered a single issue or series. Furthermore, for purposes | 21 | | of complying with the competitive bidding requirements of this | 22 | | Section, the words "at all times" shall not apply to any such | 23 | | sale of the State General Obligation Restructuring Bonds. The | 24 | | Director of the Governor's Office of Management and Budget | 25 | | shall determine the time and manner of any competitive sale of | 26 | | the State General Obligation Restructuring Bonds; however, |
| | | SB0004 | - 20 - | LRB100 06348 HLH 16386 b |
|
| 1 | | that sale shall under no circumstances take place later than 60 | 2 | | days after the State closes the sale of 75% of the State | 3 | | General Obligation Restructuring Bonds by negotiated sale. | 4 | | (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
| 5 | | (30 ILCS 330/12) (from Ch. 127, par. 662)
| 6 | | Sec. 12. Allocation of Proceeds from Sale of Bonds.
| 7 | | (a) Proceeds from the sale of Bonds, authorized by Section | 8 | | 3 of this Act,
shall be deposited in the separate fund known as | 9 | | the Capital Development Fund.
| 10 | | (b) Proceeds from the sale of Bonds, authorized by | 11 | | paragraph (a) of Section
4 of this Act, shall be deposited in | 12 | | the separate fund known as the
Transportation Bond, Series A | 13 | | Fund.
| 14 | | (c) Proceeds from the sale of Bonds, authorized by | 15 | | paragraphs (b) and (c)
of Section 4 of this Act, shall be | 16 | | deposited in the separate fund known
as the Transportation | 17 | | Bond, Series B Fund.
| 18 | | (c-1) Proceeds from the sale of Bonds, authorized by | 19 | | paragraph (d) of Section 4 of this Act, shall be deposited into | 20 | | the Transportation Bond Series D Fund, which is hereby created. | 21 | | (d) Proceeds from the sale of Bonds, authorized by Section | 22 | | 5 of this
Act, shall be deposited in the separate fund known as | 23 | | the School Construction
Fund.
| 24 | | (e) Proceeds from the sale of Bonds, authorized by Section | 25 | | 6 of this Act,
shall be deposited in the separate fund known as |
| | | SB0004 | - 21 - | LRB100 06348 HLH 16386 b |
|
| 1 | | the Anti-Pollution Fund.
| 2 | | (f) Proceeds from the sale of Bonds, authorized by Section | 3 | | 7 of this Act,
shall be deposited in the separate fund known as | 4 | | the Coal Development Fund.
| 5 | | (f-2) Proceeds from the sale of Bonds, authorized by | 6 | | Section 7.2 of this
Act, shall be deposited as set forth in | 7 | | Section 7.2.
| 8 | | (f-5) Proceeds from the sale of Bonds, authorized by | 9 | | Section 7.5 of this
Act, shall be deposited as set forth in | 10 | | Section 7.5.
| 11 | | (f-7) Proceeds from the sale of Bonds, authorized by | 12 | | Section 7.6 of this Act, shall be deposited as set forth in | 13 | | Section 7.6. | 14 | | (g) Proceeds from the sale of Bonds, authorized by Section | 15 | | 8 of this Act,
shall be deposited in
the Capital Development | 16 | | Fund.
| 17 | | (h) Subsequent to the issuance of any Bonds for the | 18 | | purposes described
in Sections 2 through 8 of this Act, the | 19 | | Governor and the Director of the
Governor's Office of | 20 | | Management and Budget may provide for the reallocation of | 21 | | unspent proceeds
of such Bonds to any other purposes authorized | 22 | | under said Sections of this
Act, subject to the limitations on | 23 | | aggregate principal amounts contained
therein. Upon any such | 24 | | reallocation, such unspent proceeds shall be
transferred to the | 25 | | appropriate funds as determined by reference to
paragraphs (a) | 26 | | through (g) of this Section.
|
| | | SB0004 | - 22 - | LRB100 06348 HLH 16386 b |
|
| 1 | | (Source: P.A. 96-36, eff. 7-13-09.)
| 2 | | (30 ILCS 330/13) (from Ch. 127, par. 663)
| 3 | | Sec. 13. Appropriation of Proceeds from Sale of Bonds.
| 4 | | (a) At all times, the proceeds from the sale of Bonds | 5 | | issued pursuant
to this Act are subject to appropriation by the | 6 | | General Assembly and,
except as provided in Sections Section | 7 | | 7.2 and 7.6 , may be obligated or expended only
with the written | 8 | | approval of the Governor, in such amounts, at such times,
and | 9 | | for such purposes as the respective
State agencies, as defined | 10 | | in Section 1-7 of the Illinois State Auditing
Act, as amended, | 11 | | deem necessary or desirable for the specific purposes
| 12 | | contemplated in Sections 2 through 8 of this Act. | 13 | | Notwithstanding any other provision of this Act, proceeds from | 14 | | the sale of Bonds issued pursuant to this Act appropriated by | 15 | | the General Assembly to the Architect of the Capitol may be | 16 | | obligated or expended by the Architect of the Capitol without | 17 | | the written approval of the Governor.
| 18 | | (b) Proceeds from the sale of Bonds for the purpose of | 19 | | development of
coal and alternative forms of energy shall be | 20 | | expended in such amounts and
at such times as the Department of | 21 | | Commerce and Economic Opportunity, with the
advice and | 22 | | recommendation of the Illinois Coal Development Board for coal
| 23 | | development projects, may deem necessary and desirable for the | 24 | | specific
purpose contemplated by Section 7 of this Act. In | 25 | | considering the approval
of projects to be funded, the |
| | | SB0004 | - 23 - | LRB100 06348 HLH 16386 b |
|
| 1 | | Department of Commerce and
Economic Opportunity shall give
| 2 | | special
consideration to projects designed to remove sulfur and | 3 | | other pollutants in
the preparation and utilization of coal, | 4 | | and in the use and operation of
electric utility generating | 5 | | plants and industrial facilities which utilize
Illinois coal as | 6 | | their primary source of fuel.
| 7 | | (c) Except as directed in subsection (c-1) or (c-2), any | 8 | | monies received by any officer or employee of the state
| 9 | | representing a reimbursement of expenditures previously paid | 10 | | from general
obligation bond proceeds shall be deposited into | 11 | | the General Obligation
Bond Retirement and Interest Fund | 12 | | authorized in Section 14 of this Act.
| 13 | | (c-1) Any money received by the Department of | 14 | | Transportation as reimbursement for expenditures for high | 15 | | speed rail purposes pursuant to appropriations from the | 16 | | Transportation Bond, Series B Fund for (i) CREATE (Chicago | 17 | | Region Environmental and Transportation Efficiency), (ii) High | 18 | | Speed Rail, or (iii) AMTRAK projects authorized by the federal | 19 | | government under the provisions of the American Recovery and | 20 | | Reinvestment Act of 2009 or the Safe Accountable Flexible | 21 | | Efficient Transportation Equity Act—A Legacy for Users | 22 | | (SAFETEA-LU), or any successor federal transportation | 23 | | authorization Act, shall be deposited into the Federal High | 24 | | Speed Rail Trust Fund. | 25 | | (c-2) Any money received by the Department of | 26 | | Transportation as reimbursement for expenditures for transit |
| | | SB0004 | - 24 - | LRB100 06348 HLH 16386 b |
|
| 1 | | capital purposes pursuant to appropriations from the | 2 | | Transportation Bond, Series B Fund for projects authorized by | 3 | | the federal government under the provisions of the American | 4 | | Recovery and Reinvestment Act of 2009 or the Safe Accountable | 5 | | Flexible Efficient Transportation Equity Act—A Legacy for | 6 | | Users (SAFETEA-LU), or any successor federal transportation | 7 | | authorization Act, shall be deposited into the Federal Mass | 8 | | Transit Trust Fund. | 9 | | (Source: P.A. 98-674, eff. 6-30-14.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law, but this Act does not take effect at all unless | 12 | | Senate Bills 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, and 13 of the | 13 | | 100th General Assembly become law.
|
|