Full Text of HB0142 101st General Assembly
HB0142sam001 101ST GENERAL ASSEMBLY | Sen. Andy Manar Filed: 5/31/2019
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| 1 | | AMENDMENT TO HOUSE BILL 142
| 2 | | AMENDMENT NO. ______. Amend House Bill 142 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be referred to as the | 5 | | Rebuild Illinois Capital Financing Program Act of 2019. | 6 | | Section 5. The State Finance Act is amended by changing | 7 | | Section 6z-78 and by adding Sections 5.891, 5.893, 5.894, | 8 | | 5.895, 5.896, 6z-108, 6z-109, 6z-110 and 6z-111 as follows: | 9 | | (30 ILCS 105/5.891 new) | 10 | | Sec. 5.891. The Multi-modal Transportation Bond Fund. | 11 | | (30 ILCS 105/5.893 new) | 12 | | Sec. 5.893. Transportation Renewal Fund. | 13 | | (30 ILCS 105/5.894 new) |
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| 1 | | Sec. 5.894. Regional Transportation Authority Capital | 2 | | Improvement Fund. | 3 | | (30 ILCS 105/5.895 new) | 4 | | Sec. 5.895. Downstate Mass Transportation Capital | 5 | | Improvement Fund. | 6 | | (30 ILCS 105/5.896 new) | 7 | | Sec. 5.896. Rebuild Illinois Projects Fund. | 8 | | (30 ILCS 105/6z-78)
| 9 | | Sec. 6z-78. Capital Projects Fund; bonded indebtedness; | 10 | | transfers. Money in the Capital Projects Fund shall, if and | 11 | | when the State of Illinois incurs any bonded indebtedness using | 12 | | the bond authorizations for capital projects enacted in Public | 13 | | Act 96-36, Public Act 96-1554, Public Act 97-771, Public Act | 14 | | 98-94, and this amendatory Act of the 101st 98th General | 15 | | Assembly, be set aside and used for the purpose of paying and | 16 | | discharging annually the principal and interest on that bonded | 17 | | indebtedness then due and payable. | 18 | | In addition to other transfers to the General Obligation | 19 | | Bond Retirement and Interest Fund made pursuant to Section 15 | 20 | | of the General Obligation Bond Act, upon each delivery of | 21 | | general obligation bonds for capital projects using bond | 22 | | authorizations enacted in Public Act 96-36, Public Act 96-1554, | 23 | | Public Act 97-771, Public Act 98-94, and this amendatory Act of |
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| 1 | | the 101st 98th General Assembly (except for amounts in this | 2 | | amendatory Act of the 101st General Assembly that increase bond | 3 | | authorization under paragraph (1) of subsection (a) of Section | 4 | | 4 and subsection (e) of Section 4 of the General Obligation | 5 | | Bond Act), the State Comptroller shall compute and certify to | 6 | | the State Treasurer the total amount of principal of, interest | 7 | | on, and premium, if any, on such bonds during the then current | 8 | | and each succeeding fiscal year. With respect to the interest | 9 | | payable on variable rate bonds, such certifications shall be | 10 | | calculated at the maximum rate of interest that may be payable | 11 | | during the fiscal year, after taking into account any credits | 12 | | permitted in the related indenture or other instrument against | 13 | | the amount of such interest required to be appropriated for the | 14 | | period. | 15 | | (a) Except as provided for in subsection (b), on or before | 16 | | the last day of each month, the State Treasurer and State | 17 | | Comptroller shall transfer from the Capital Projects Fund to | 18 | | the General Obligation Bond Retirement and Interest Fund an | 19 | | amount sufficient to pay the aggregate of the principal of, | 20 | | interest on, and premium, if any, on the bonds payable on their | 21 | | next payment date, divided by the number of monthly transfers | 22 | | occurring between the last previous payment date (or the | 23 | | delivery date if no payment date has yet occurred) and the next | 24 | | succeeding payment date. Interest payable on variable rate | 25 | | bonds shall be calculated at the maximum rate of interest that | 26 | | may be payable for the relevant period, after taking into |
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| 1 | | account any credits permitted in the related indenture or other | 2 | | instrument against the amount of such interest required to be | 3 | | appropriated for that period. Interest for which moneys have | 4 | | already been deposited into the capitalized interest account | 5 | | within the General Obligation Bond Retirement and Interest Fund | 6 | | shall not be included in the calculation of the amounts to be | 7 | | transferred under this subsection.
| 8 | | (b) On or before the last day of each month, the State | 9 | | Treasurer and State Comptroller shall transfer from the Capital | 10 | | Projects Fund to the General Obligation Bond Retirement and | 11 | | Interest Fund an amount sufficient to pay the aggregate of the | 12 | | principal of, interest on, and premium, if any, on the bonds | 13 | | issued prior to January 1, 2012 pursuant to Section 4(d) of the | 14 | | General Obligation Bond Act payable on their next payment date, | 15 | | divided by the number of monthly transfers occurring between | 16 | | the last previous payment date (or the delivery date if no | 17 | | payment date has yet occurred) and the next succeeding payment | 18 | | date. If the available balance in the Capital Projects Fund is | 19 | | not sufficient for the transfer required in this subsection, | 20 | | the State Treasurer and State Comptroller shall transfer the | 21 | | difference from the Road Fund to the General Obligation Bond | 22 | | Retirement and Interest Fund; except that such Road Fund | 23 | | transfers shall constitute a debt of the Capital Projects Fund | 24 | | which shall be repaid according to subsection (c). Interest | 25 | | payable on variable rate bonds shall be calculated at the | 26 | | maximum rate of interest that may be payable for the relevant |
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| 1 | | period, after taking into account any credits permitted in the | 2 | | related indenture or other instrument against the amount of | 3 | | such interest required to be appropriated for that period. | 4 | | Interest for which moneys have already been deposited into the | 5 | | capitalized interest account within the General Obligation | 6 | | Bond Retirement and Interest Fund shall not be included in the | 7 | | calculation of the amounts to be transferred under this | 8 | | subsection. | 9 | | (c) On the first day of any month when the Capital Projects | 10 | | Fund is carrying a debt to the Road Fund due to the provisions | 11 | | of subsection (b), the State Treasurer and State Comptroller | 12 | | shall transfer from the Capital Projects Fund to the Road Fund | 13 | | an amount sufficient to discharge that debt. These transfers to | 14 | | the Road Fund shall continue until the Capital Projects Fund | 15 | | has repaid to the Road Fund all transfers made from the Road | 16 | | Fund pursuant to subsection (b). Notwithstanding any other law | 17 | | to the contrary, transfers to the Road Fund from the Capital | 18 | | Projects Fund shall be made prior to any other expenditures or | 19 | | transfers out of the Capital Projects Fund. | 20 | | (Source: P.A. 97-771, eff. 7-10-12; 98-94, eff. 7-17-13.) | 21 | | (30 ILCS 105/6z-108 new) | 22 | | Sec. 6z-108. Transportation Renewal Fund. | 23 | | (a) The Transportation Renewal Fund is created as a special | 24 | | fund in the State treasury and shall receive Motor Fuel Tax | 25 | | revenues as directed by Section 8b of the Motor Fuel Tax Law. |
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| 1 | | (b) Money in the Transportation Renewal Fund shall be used | 2 | | exclusively for transportation-related purposes as described | 3 | | in Section 11 of Article IX of the Illinois Constitution of | 4 | | 1970. | 5 | | (30 ILCS 105/6z-109 new) | 6 | | Sec. 6z-109. Regional Transportation Authority Capital | 7 | | Improvement Fund. | 8 | | (a) The Regional Transportation Authority Capital | 9 | | Improvement Fund is created as a special fund in the State | 10 | | treasury and shall receive a portion of the moneys deposited | 11 | | into the Transportation Renewal Fund from Motor Fuel Tax | 12 | | revenues pursuant to Section 8b of the Motor Fuel Tax Law. | 13 | | (b) Money in the Regional Transportation Authority Capital | 14 | | Improvement Fund shall be used exclusively for | 15 | | transportation-related purposes as described in Section 11 of | 16 | | Article IX of the Illinois Constitution of 1970. | 17 | | (30 ILCS 105/6z-110 new) | 18 | | Sec. 6z-110. Downstate Mass Transportation Capital | 19 | | Improvement Fund. | 20 | | (a) The Downstate Mass Transportation Capital Improvement | 21 | | Fund is created as a special fund in the State treasury and | 22 | | shall receive a portion of the moneys deposited into the | 23 | | Transportation Renewal Fund from Motor Fuel Tax revenues | 24 | | pursuant to Section 8b the Motor Fuel Tax Law. |
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| 1 | | (b) Money in the Downstate Mass Transportation Capital | 2 | | Improvement Fund shall be used exclusively for | 3 | | transportation-related purposes as described in Section 11 of | 4 | | Article IX of the Illinois Constitution of 1970. | 5 | | (30 ILCS 105/6z-111 new) | 6 | | Sec. 6z-111. Rebuild Illinois Projects Fund. | 7 | | (a) The Rebuild Illinois Projects Fund is created as a | 8 | | special fund in the State treasury and shall receive moneys | 9 | | from the collection of license fees on initial licenses issued | 10 | | for newly licensed gaming facilities or wagering platforms in | 11 | | Fiscal Year 2019 or thereafter, and any other moneys | 12 | | appropriated or transferred to it as provided by law. | 13 | | (b) Money in the Rebuild Illinois Projects Fund shall be | 14 | | used, subject to appropriation, for grants that support | 15 | | community development, including capital projects and other | 16 | | purposes authorized by law. | 17 | | Section 10. The General Obligation Bond Act is amended by | 18 | | changing Sections 2, 2.5, 3, 4, 5, 6, 7.6, 9, 11, 12, 15, and 19 | 19 | | as follows: | 20 | | (30 ILCS 330/2) (from Ch. 127, par. 652) | 21 | | Sec. 2. Authorization for Bonds. The State of Illinois is | 22 | | authorized to
issue, sell and provide for the retirement of | 23 | | General Obligation Bonds of
the State of Illinois for the |
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| 1 | | categories and specific purposes expressed in
Sections 2 | 2 | | through 8 of this Act, in the total amount of $78,256,839,969 | 3 | | $57,717,925,743 . | 4 | | The bonds authorized in this Section 2 and in Section 16 of | 5 | | this Act are
herein called "Bonds". | 6 | | Of the total amount of Bonds authorized in this Act, up to | 7 | | $2,200,000,000
in aggregate original principal amount may be | 8 | | issued and sold in accordance
with the Baccalaureate Savings | 9 | | Act in the form of General Obligation
College Savings Bonds. | 10 | | Of the total amount of Bonds authorized in this Act, up to | 11 | | $300,000,000 in
aggregate original principal amount may be | 12 | | issued and sold in accordance
with the Retirement Savings Act | 13 | | in the form of General Obligation
Retirement Savings Bonds. | 14 | | Of the total amount of Bonds authorized in this Act, the | 15 | | additional
$10,000,000,000 authorized by Public Act 93-2, the | 16 | | $3,466,000,000 authorized by Public Act 96-43, and the | 17 | | $4,096,348,300 authorized by Public Act 96-1497 shall be used | 18 | | solely as provided in Section 7.2. | 19 | | Of the total amount of Bonds authorized in this Act, the | 20 | | additional $6,000,000,000 authorized by Public Act 100-23 this | 21 | | amendatory Act of the 100th General Assembly shall be used | 22 | | solely as provided in Section 7.6 and shall be issued by | 23 | | December 31, 2017. | 24 | | Of the total amount of Bonds authorized in this Act, | 25 | | $1,000,000,000 of the additional amount authorized by Public | 26 | | Act 100-587 this amendatory Act of the 100th General Assembly |
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| 1 | | shall be used solely as provided in Section 7.7. | 2 | | The issuance and sale of Bonds pursuant to the General | 3 | | Obligation Bond
Act is an economical and efficient method of | 4 | | financing the long-term capital needs of
the State. This Act | 5 | | will permit the issuance of a multi-purpose General
Obligation | 6 | | Bond with uniform terms and features. This will not only lower
| 7 | | the cost of registration but also reduce the overall cost of | 8 | | issuing debt
by improving the marketability of Illinois General | 9 | | Obligation Bonds. | 10 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.) | 11 | | (30 ILCS 330/2.5) | 12 | | Sec. 2.5. Limitation on issuance of Bonds. | 13 | | (a) Except as provided in subsection (b), no Bonds may be | 14 | | issued if, after the issuance, in the next State fiscal year | 15 | | after the issuance of the Bonds, the amount of debt service | 16 | | (including principal, whether payable at maturity or pursuant | 17 | | to mandatory sinking fund installments, and interest) on all | 18 | | then-outstanding Bonds, other than (i) Bonds authorized by | 19 | | Public Act 100-23, (ii) Bonds issued by Public Act 96-43, (iii) | 20 | | Bonds authorized by Public Act 96-1497, and (iv) Bonds | 21 | | authorized by Public Act 100-587 this amendatory Act of the | 22 | | 100th General Assembly , would exceed 7% of the aggregate | 23 | | appropriations from the general funds , the State Construction | 24 | | Account Fund, (which consist of the General Revenue Fund, the | 25 | | Common School Fund, the General Revenue Common School Special |
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| 1 | | Account Fund, and the Education Assistance Fund) and the Road | 2 | | Fund for the fiscal year immediately prior to the fiscal year | 3 | | of the issuance. For the purposes of this subsection (a), | 4 | | "general funds" has the same meaning as ascribed to that term | 5 | | under Section 50-40 of the State Budget Law of the Civil | 6 | | Administrative Code of Illinois. | 7 | | (b) If the Comptroller and Treasurer each consent in | 8 | | writing, Bonds may be issued even if the issuance does not | 9 | | comply with subsection (a). In addition, $2,000,000,000 in | 10 | | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | 11 | | and $2,000,000,000 in Refunding Bonds under Section 16, may be | 12 | | issued during State fiscal year 2017 without complying with | 13 | | subsection (a). In addition, $2,000,000,000 in Bonds for the | 14 | | purposes set forth in Sections 3, 4, 5, 6, and 7, and | 15 | | $2,000,000,000 in Refunding Bonds under Section 16, may be | 16 | | issued during State fiscal year 2018 without complying with | 17 | | subsection (a).
| 18 | | (Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | 19 | | 25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | 20 | | 7-6-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
| 21 | | (30 ILCS 330/3) (from Ch. 127, par. 653)
| 22 | | Sec. 3. Capital facilities. The amount of $18,580,011,269 | 23 | | $10,538,963,443 is authorized
to be used for the acquisition, | 24 | | development, construction, reconstruction,
improvement, | 25 | | financing, architectural planning and installation of capital
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| 1 | | facilities within the State, consisting of buildings, | 2 | | structures, durable
equipment, land, interests in land, and the | 3 | | costs associated with the purchase and implementation of | 4 | | information technology, including but not limited to the | 5 | | purchase of hardware and software, for the following specific | 6 | | purposes:
| 7 | | (a) $6,268,676,500 $3,433,228,000 for educational | 8 | | purposes by
State universities and
public community | 9 | | colleges, the Illinois Community College Board created by | 10 | | the Public
Community College Act and for grants to public | 11 | | community colleges as
authorized by Sections 5-11 and 5-12 | 12 | | of the Public Community College Act;
| 13 | | (b) $1,690,506,300 $1,648,420,000 for correctional | 14 | | purposes at
State
prison and correctional centers;
| 15 | | (c) $688,492,300 $599,183,000 for open spaces, | 16 | | recreational and
conservation purposes and the protection | 17 | | of land , including expenditures and grants for the Illinois | 18 | | Conservation Reserve Enhancement Program and for ecosystem | 19 | | restoration and for plugging of abandoned wells ;
| 20 | | (d) $1,078,503,900 $764,317,000 for State child care | 21 | | facilities, mental
and public health facilities, and | 22 | | facilities for the care of veterans with disabilities and | 23 | | their spouses , and for grants to public and private | 24 | | community health centers, hospitals, and other health care | 25 | | providers for capital facilities ;
| 26 | | (e) $7,518,753,300 $2,884,790,000 for use by the |
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| 1 | | State, its
departments, authorities, public corporations, | 2 | | commissions and agencies , including renewable energy | 3 | | upgrades at State facilities ;
| 4 | | (f) $818,100 for cargo handling facilities at port | 5 | | districts and for
breakwaters, including harbor entrances, | 6 | | at port districts in conjunction
with facilities for small | 7 | | boats and pleasure crafts;
| 8 | | (g) $375,457,000 $297,177,074 for water resource | 9 | | management
projects , including flood mitigation and State | 10 | | dam and waterway projects ;
| 11 | | (h) $16,940,269 for the provision of facilities for | 12 | | food production
research and related instructional and | 13 | | public service activities at the
State universities and | 14 | | public community colleges;
| 15 | | (i) $75,134,700 $36,000,000 for grants by the | 16 | | Secretary of State, as
State
Librarian, for central library | 17 | | facilities authorized by Section 8
of the Illinois Library | 18 | | System Act and for grants by the Capital
Development Board | 19 | | to units of local government for public library
facilities;
| 20 | | (j) $25,000,000 for the acquisition, development, | 21 | | construction,
reconstruction, improvement, financing, | 22 | | architectural planning and
installation of capital | 23 | | facilities consisting of buildings, structures,
durable | 24 | | equipment and land for grants to counties, municipalities | 25 | | or public
building commissions with correctional | 26 | | facilities that do not comply with
the minimum standards of |
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| 1 | | the Department of Corrections under Section 3-15-2
of the | 2 | | Unified Code of Corrections;
| 3 | | (k) $5,011,600 $5,000,000 for grants in fiscal year | 4 | | 1988 by the Department of
Conservation for improvement or | 5 | | expansion of aquarium facilities located on
property owned | 6 | | by a park district;
| 7 | | (l) $599,590,000 to State agencies for grants to
local | 8 | | governments for
the acquisition, financing, architectural | 9 | | planning, development, alteration,
installation, and | 10 | | construction of capital facilities consisting of | 11 | | buildings,
structures, durable equipment, and land; and
| 12 | | (m) $237,127,300 $228,500,000 for the Illinois Open | 13 | | Land Trust
Program
as defined by the
Illinois Open Land | 14 | | Trust Act.
| 15 | | The amounts authorized above for capital facilities may be | 16 | | used
for the acquisition, installation, alteration, | 17 | | construction, or
reconstruction of capital facilities and for | 18 | | the purchase of equipment
for the purpose of major capital | 19 | | improvements which will reduce energy
consumption in State | 20 | | buildings or facilities.
| 21 | | (Source: P.A. 99-143, eff. 7-27-15; 100-587, eff. 6-4-18.)
| 22 | | (30 ILCS 330/4) (from Ch. 127, par. 654)
| 23 | | Sec. 4. Transportation. The amount of $27,048,062,400 | 24 | | $15,948,199,000
is authorized for use by the Department of | 25 | | Transportation for the specific
purpose of promoting and |
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| 1 | | assuring rapid, efficient, and safe highway, air and
mass | 2 | | transportation for the inhabitants of the State by providing | 3 | | monies,
including the making of grants and loans, for the | 4 | | acquisition, construction,
reconstruction, extension and | 5 | | improvement of the following transportation
facilities and | 6 | | equipment, and for the acquisition of real property and
| 7 | | interests in real property required or expected to be required | 8 | | in connection
therewith as follows:
| 9 | | (a) $11,921,354,200 $5,432,129,000 for State highways, | 10 | | arterial
highways, freeways,
roads, bridges, structures | 11 | | separating highways and railroads and roads, and
bridges on | 12 | | roads maintained by counties, municipalities, townships , or | 13 | | road
districts , and grants to counties, municipalities, | 14 | | townships, or road districts for planning, engineering, | 15 | | acquisition, construction, reconstruction, development, | 16 | | improvement, extension, and all construction-related expenses | 17 | | of the public infrastructure and other transportation | 18 | | improvement projects for the following specific purposes:
| 19 | | (1) $9,819,221,200 $3,330,000,000 for use statewide,
| 20 | | (2) $3,677,000 for use outside the Chicago urbanized
| 21 | | area,
| 22 | | (3) $7,543,000 for use within the Chicago urbanized | 23 | | area,
| 24 | | (4) $13,060,600 for use within the City of Chicago,
| 25 | | (5) $58,991,500 $58,987,500 for use within the | 26 | | counties of Cook,
DuPage, Kane, Lake, McHenry and Will,
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| 1 | | (6) $18,860,900 for use outside the counties of Cook, | 2 | | DuPage, Kane,
Lake, McHenry and Will, and
| 3 | | (7) $2,000,000,000 for use on projects included in | 4 | | either (i) the FY09-14 Proposed Highway Improvement | 5 | | Program as published by the Illinois Department of | 6 | | Transportation in May 2008 or (ii) the FY10-15 Proposed | 7 | | Highway Improvement Program to be published by the Illinois | 8 | | Department of Transportation in the spring of 2009; except | 9 | | that all projects must be maintenance projects for the | 10 | | existing State system with the goal of reaching 90% | 11 | | acceptable condition in the system statewide and further | 12 | | except that all projects must reflect the generally | 13 | | accepted historical distribution of projects throughout | 14 | | the State. | 15 | | (b) $5,966,379,900 $5,379,670,000 for rail facilities and | 16 | | for
mass transit facilities, as defined in Section 2705-305 of | 17 | | the Department of
Transportation Law (20 ILCS 2705/2705-305) , | 18 | | including rapid transit, rail, bus
and other equipment used in | 19 | | connection therewith by the State or any unit of
local | 20 | | government, special transportation district, municipal | 21 | | corporation or
other corporation or public authority | 22 | | authorized to provide and promote public
transportation within | 23 | | the State or two or more of the foregoing jointly, for
the | 24 | | following specific purposes:
| 25 | | (1) $4,387,063,600 $4,283,870,000 statewide,
| 26 | | (2) $83,350,000 for use within the counties of Cook,
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| 1 | | DuPage, Kane, Lake, McHenry and Will,
| 2 | | (3) $12,450,000 for use outside the counties of Cook,
| 3 | | DuPage, Kane, Lake, McHenry and Will, and
| 4 | | (4) $1,000,916,300 $1,000,000,000 for use on projects | 5 | | that shall reflect the generally accepted historical | 6 | | distribution of projects throughout the State. | 7 | | (c) $482,600,000 for airport or aviation facilities and any | 8 | | equipment used
in connection therewith, including engineering | 9 | | and land acquisition costs,
by the State or any unit of local | 10 | | government, special transportation district,
municipal | 11 | | corporation or other corporation or public authority | 12 | | authorized
to provide public transportation within the State, | 13 | | or two or more of the
foregoing acting jointly, and for the | 14 | | making of deposits into the Airport
Land Loan Revolving Fund | 15 | | for loans to public airport owners pursuant to the
Illinois | 16 | | Aeronautics Act.
| 17 | | (d) $4,660,328,300 $4,653,800,000 for use statewide for | 18 | | State or local highways, arterial highways, freeways, roads, | 19 | | bridges, and structures separating highways and railroads and | 20 | | roads, and for grants to counties, municipalities, townships, | 21 | | or road districts for planning, engineering, acquisition, | 22 | | construction, reconstruction, development, improvement, | 23 | | extension, and all construction-related expenses of the public | 24 | | infrastructure and other transportation improvement projects | 25 | | which are related to economic development in the State of | 26 | | Illinois. |
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| 1 | | (e) $4,500,000,000 for use statewide for grade crossings, | 2 | | port facilities, airport facilities, rail facilities, and mass | 3 | | transit facilities, as defined in Section 2705-305 of the | 4 | | Department of Transportation Law of the Civil Administrative | 5 | | Code of Illinois, including rapid transit, rail, bus and other | 6 | | equipment used in connection therewith by the State or any unit | 7 | | of local government, special transportation district, | 8 | | municipal corporation or other corporation or public authority | 9 | | authorized to provide and promote public transportation within | 10 | | the State or two or more of the foregoing jointly. | 11 | | (Source: P.A. 97-771, eff. 7-10-12; 98-94, eff. 7-17-13; | 12 | | 98-781, eff. 7-22-14.)
| 13 | | (30 ILCS 330/5) (from Ch. 127, par. 655)
| 14 | | Sec. 5. School construction.
| 15 | | (a) The amount of $58,450,000 is authorized to
make grants | 16 | | to local school
districts for the acquisition, development, | 17 | | construction, reconstruction,
rehabilitation, improvement, | 18 | | financing, architectural planning and
installation of capital | 19 | | facilities, including but not limited to those
required for | 20 | | special
education building projects provided for in Article 14 | 21 | | of The School Code,
consisting of buildings, structures, and | 22 | | durable equipment, and for the
acquisition and improvement of | 23 | | real property and interests in real property
required, or | 24 | | expected to be required, in connection therewith.
| 25 | | (b) $22,550,000, or so much thereof as may be necessary, |
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| 1 | | for grants to
school districts for the making of principal and | 2 | | interest payments, required
to be made, on bonds issued by such | 3 | | school districts after January 1, 1969,
pursuant to any | 4 | | indenture, ordinance, resolution, agreement or contract
to | 5 | | provide funds for the acquisition, development, construction,
| 6 | | reconstruction, rehabilitation, improvement, architectural | 7 | | planning and installation of
capital facilities consisting of | 8 | | buildings, structures, durable equipment
and land for | 9 | | educational purposes or for lease payments required to be made
| 10 | | by a school district for principal and interest payments on | 11 | | bonds issued
by a Public Building Commission after January 1, | 12 | | 1969.
| 13 | | (c) $10,000,000 for grants to school districts for the | 14 | | acquisition,
development, construction, reconstruction, | 15 | | rehabilitation, improvement,
architectural
planning and | 16 | | installation of capital facilities consisting of buildings
| 17 | | structures, durable equipment and land for special education | 18 | | building projects.
| 19 | | (d) $9,000,000 for grants to school districts for the | 20 | | reconstruction,
rehabilitation, improvement, financing and | 21 | | architectural planning of capital
facilities, including | 22 | | construction at another location to replace such capital
| 23 | | facilities, consisting of those public school buildings and | 24 | | temporary school
facilities which, prior to January 1, 1984, | 25 | | were condemned by the regional
superintendent under Section | 26 | | 3-14.22 of The School Code or by any State
official having |
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| 1 | | jurisdiction over building safety.
| 2 | | (e) $3,109,403,700 $3,050,000,000 for grants to school | 3 | | districts for
school improvement
projects authorized by the | 4 | | School Construction Law. The bonds shall be sold in
amounts not | 5 | | to exceed the following schedule, except any bonds not sold | 6 | | during
one year shall be added to the bonds to be sold during | 7 | | the remainder of the
schedule:
| 8 | | First year ...................................$200,000,000
| 9 | | Second year ..................................$450,000,000
| 10 | | Third year ...................................$500,000,000
| 11 | | Fourth year ..................................$500,000,000
| 12 | | Fifth year ...................................$800,000,000
| 13 | | Sixth year and thereafter ........$659,403,700 $600,000,000
| 14 | | (f) $1,615,000,000 grants to school districts for school | 15 | | implemented projects authorized by the School Construction | 16 | | Law. | 17 | | (Source: P.A. 100-587, eff. 6-4-18.)
| 18 | | (30 ILCS 330/6) (from Ch. 127, par. 656)
| 19 | | Sec. 6. Anti-Pollution.
| 20 | | (a) The amount of $581,814,300 $443,215,000 is authorized | 21 | | for
allocation by the
Environmental Protection Agency for | 22 | | grants or loans to units of local
government , including grants | 23 | | to disadvantaged communities without modern sewage systems, in | 24 | | such amounts, at such times and for such purpose as the Agency
| 25 | | deems necessary or desirable for the planning, financing, and |
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| 1 | | construction of
municipal sewage treatment works and solid | 2 | | waste disposal facilities and for
making of deposits into the | 3 | | Water Revolving Fund and
the U.S. Environmental Protection Fund | 4 | | to provide assistance in accordance
with the provisions of | 5 | | Title IV-A of the Environmental Protection Act.
| 6 | | (b) The amount of $236,500,000 is authorized for allocation | 7 | | by the
Environmental Protection Agency for payment of claims | 8 | | submitted to the State
and approved for payment under the | 9 | | Leaking Underground Storage Tank Program
established in Title | 10 | | XVI of the Environmental Protection Act.
| 11 | | (Source: P.A. 98-94, eff. 7-17-13.)
| 12 | | (30 ILCS 330/7.6) | 13 | | Sec. 7.6. Income Tax Proceed Bonds. | 14 | | (a) As used in this Act, "Income Tax Proceed Bonds" means | 15 | | Bonds (i) authorized by this amendatory Act of the 100th | 16 | | General Assembly or any other Public Act of the 100th General | 17 | | Assembly authorizing the issuance of Income Tax Proceed Bonds | 18 | | and (ii) used for the payment of unpaid obligations of the | 19 | | State as incurred from time to time and as authorized by the | 20 | | General Assembly. | 21 | | (b) Income Tax Proceed Bonds in the amount of | 22 | | $6,000,000,000 are hereby authorized to be used for the purpose | 23 | | of paying vouchers incurred by the State prior to July 1, 2017. | 24 | | Additional Income Tax Proceed Bonds in the amount of | 25 | | $1,200,000,000 are hereby authorized to be used for the purpose |
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| 1 | | of paying vouchers incurred by the State more than 90 days | 2 | | prior to the date on which the Income Tax Proceed Bonds are | 3 | | issued. | 4 | | (c) The Income Tax Bond Fund is hereby created as a special | 5 | | fund in the State treasury. All moneys from the proceeds of the | 6 | | sale of the Income Tax Proceed Bonds, less the amounts | 7 | | authorized in the Bond Sale Order to be directly paid out for | 8 | | bond sale expenses under Section 8, shall be deposited into the | 9 | | Income Tax Bond Fund. All moneys in the Income Tax Bond Fund | 10 | | shall be used for the purpose of paying vouchers incurred by | 11 | | the State prior to July 1, 2017 or for paying vouchers incurred | 12 | | by the State more than 90 days prior to the date on which the | 13 | | Income Tax Proceed Bonds are issued . For the purpose of paying | 14 | | such vouchers, the Comptroller has the authority to transfer | 15 | | moneys from the Income Tax Bond Fund to general funds and the | 16 | | Health Insurance Reserve Fund. "General funds" has the meaning | 17 | | provided in Section 50-40 of the State Budget Law.
| 18 | | (Source: P.A. 100-23, eff. 7-6-17.)
| 19 | | (30 ILCS 330/9) (from Ch. 127, par. 659)
| 20 | | Sec. 9. Conditions for issuance and sale of Bonds; | 21 | | requirements for
Bonds. | 22 | | (a) Except as otherwise provided in this subsection, | 23 | | subsection (h), and subsection (i), Bonds shall be issued and | 24 | | sold from time to time, in one or
more series, in such amounts | 25 | | and at such prices as may be directed by the
Governor, upon |
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| 1 | | recommendation by the Director of the
Governor's Office of | 2 | | Management and Budget.
Bonds shall be in such form (either | 3 | | coupon, registered or book entry), in
such denominations, | 4 | | payable within 25 years from their date, subject to such
terms | 5 | | of redemption with or without premium, bear interest payable at
| 6 | | such times and at such fixed or variable rate or rates, and be | 7 | | dated
as shall be fixed and determined by the Director of
the
| 8 | | Governor's Office of Management and Budget
in the order | 9 | | authorizing the issuance and sale
of any series of Bonds, which | 10 | | order shall be approved by the Governor
and is herein called a | 11 | | "Bond Sale Order"; provided however, that interest
payable at | 12 | | fixed or variable rates shall not exceed that permitted in the
| 13 | | Bond Authorization Act, as now or hereafter amended. Bonds | 14 | | shall be
payable at such place or places, within or without the | 15 | | State of Illinois, and
may be made registrable as to either | 16 | | principal or as to both principal and
interest, as shall be | 17 | | specified in the Bond Sale Order. Bonds may be callable
or | 18 | | subject to purchase and retirement or tender and remarketing as | 19 | | fixed
and determined in the Bond Sale Order. Bonds, other than | 20 | | Bonds issued under Section 3 of this Act for the costs | 21 | | associated with the purchase and implementation of information | 22 | | technology, (i) except for refunding Bonds satisfying the | 23 | | requirements of Section 16 of this Act and sold during fiscal | 24 | | year 2009, 2010, 2011, 2017, 2018, or 2019 must be issued with | 25 | | principal or mandatory redemption amounts in equal amounts, | 26 | | with the first maturity issued occurring within the fiscal year |
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| 1 | | in which the Bonds are issued or within the next succeeding | 2 | | fiscal year and (ii) must mature or be subject to mandatory | 3 | | redemption each fiscal year thereafter up to 25 years, except | 4 | | for refunding Bonds satisfying the requirements of Section 16 | 5 | | of this Act and sold during fiscal year 2009, 2010, or 2011 | 6 | | which must mature or be subject to mandatory redemption each | 7 | | fiscal year thereafter up to 16 years. Bonds issued under | 8 | | Section 3 of this Act for the costs associated with the | 9 | | purchase and implementation of information technology must be | 10 | | issued with principal or mandatory redemption amounts in equal | 11 | | amounts, with the first maturity issued occurring with the | 12 | | fiscal year in which the respective bonds are issued or with | 13 | | the next succeeding fiscal year, with the respective bonds | 14 | | issued maturing or subject to mandatory redemption each fiscal | 15 | | year thereafter up to 10 years. Notwithstanding any provision | 16 | | of this Act to the contrary, the Bonds authorized by Public Act | 17 | | 96-43 shall be payable within 5 years from their date and must | 18 | | be issued with principal or mandatory redemption amounts in | 19 | | equal amounts, with payment of principal or mandatory | 20 | | redemption beginning in the first fiscal year following the | 21 | | fiscal year in which the Bonds are issued.
| 22 | | Notwithstanding any provision of this Act to the contrary, | 23 | | the Bonds authorized by Public Act 96-1497 shall be payable | 24 | | within 8 years from their date and shall be issued with payment | 25 | | of maturing principal or scheduled mandatory redemptions in | 26 | | accordance with the following schedule, except the following |
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| 1 | | amounts shall be prorated if less than the total additional | 2 | | amount of Bonds authorized by Public Act 96-1497 are issued: | 3 | | Fiscal Year After Issuance Amount | 4 | | 1-2 $0 | 5 | | 3 $110,712,120 | 6 | | 4 $332,136,360 | 7 | | 5 $664,272,720 | 8 | | 6-8 $996,409,080 | 9 | | Notwithstanding any provision of this Act to the contrary, | 10 | | Income Tax Proceed Bonds issued under Section 7.6 shall be | 11 | | payable 12 years from the date of sale and shall be issued with | 12 | | payment of principal or mandatory redemption. | 13 | | In the case of any series of Bonds bearing interest at a | 14 | | variable interest
rate ("Variable Rate Bonds"), in lieu of | 15 | | determining the rate or rates at which
such series of Variable | 16 | | Rate Bonds shall bear interest and the price or prices
at which | 17 | | such Variable Rate Bonds shall be initially sold or remarketed | 18 | | (in the
event of purchase and subsequent resale), the Bond Sale | 19 | | Order may provide that
such interest rates and prices may vary | 20 | | from time to time depending on criteria
established in such | 21 | | Bond Sale Order, which criteria may include, without
| 22 | | limitation, references to indices or variations in interest | 23 | | rates as may, in
the judgment of a remarketing agent, be | 24 | | necessary to cause Variable Rate Bonds
of such series to be | 25 | | remarketable from time to time at a price equal to their
| 26 | | principal amount, and may provide for appointment of a bank, |
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| 1 | | trust company,
investment bank, or other financial institution | 2 | | to serve as remarketing agent
in that connection.
The Bond Sale | 3 | | Order may provide that alternative interest rates or provisions
| 4 | | for establishing alternative interest rates, different | 5 | | security or claim
priorities, or different call or amortization | 6 | | provisions will apply during
such times as Variable Rate Bonds | 7 | | of any series are held by a person providing
credit or | 8 | | liquidity enhancement arrangements for such Bonds as | 9 | | authorized in
subsection (b) of this Section.
The Bond Sale | 10 | | Order may also provide for such variable interest rates to be
| 11 | | established pursuant to a process generally known as an auction | 12 | | rate process
and may provide for appointment of one or more | 13 | | financial institutions to serve
as auction agents and | 14 | | broker-dealers in connection with the establishment of
such | 15 | | interest rates and the sale and remarketing of such Bonds.
| 16 | | (b) In connection with the issuance of any series of Bonds, | 17 | | the State may
enter into arrangements to provide additional | 18 | | security and liquidity for such
Bonds, including, without | 19 | | limitation, bond or interest rate insurance or
letters of | 20 | | 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 their | 5 | | stated maturity, at a rate in
excess of the rate that the Bonds | 6 | | 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 required | 23 | | 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 State's
| 2 | | variable rate exposure with respect to Bonds shall not exceed | 3 | | 20%. This policy
shall remain in effect while any Bonds are | 4 | | outstanding and the issuance of
Bonds
shall be subject to the | 5 | | terms of such policy. The terms of this policy may be
amended | 6 | | from time to time by the Director of the
Governor's Office of | 7 | | Management and Budget but in no
event shall any amendment cause | 8 | | the permitted level of the State's variable
rate exposure with | 9 | | 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 without | 24 | | premium, and if the Qualified School Construction Bonds are | 25 | | issued with a supplemental coupon, bear interest payable at | 26 | | such times and at such fixed or variable rate or rates, and be |
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| 1 | | dated as shall be fixed and determined by the Director of the | 2 | | Governor's Office of Management and Budget in the order | 3 | | authorizing the issuance and sale of any series of Qualified | 4 | | School Construction Bonds, which order shall be approved by the | 5 | | Governor and is herein called a "Bond Sale Order"; except that | 6 | | interest payable at fixed or variable rates, if any, shall not | 7 | | exceed that permitted in the Bond Authorization Act, as now or | 8 | | hereafter amended. Qualified School Construction Bonds shall | 9 | | be payable at such place or places, within or without the State | 10 | | of Illinois, and may be made registrable as to either principal | 11 | | or as to both principal and interest, as shall be specified in | 12 | | the Bond Sale Order. Qualified School Construction Bonds may be | 13 | | callable or subject to purchase and retirement or tender and | 14 | | remarketing as fixed and determined in the Bond Sale Order. | 15 | | Qualified School Construction Bonds must be issued with | 16 | | principal or mandatory redemption amounts or sinking fund | 17 | | payments into the General Obligation Bond Retirement and | 18 | | Interest Fund (or subaccount therefor) in equal amounts, with | 19 | | the first maturity issued, mandatory redemption payment or | 20 | | sinking fund payment occurring within the fiscal year in which | 21 | | the Qualified School Construction Bonds are issued or within | 22 | | the next succeeding fiscal year, with Qualified School | 23 | | Construction Bonds issued maturing or subject to mandatory | 24 | | redemption or with sinking fund payments thereof deposited each | 25 | | fiscal year thereafter up to 25 years. Sinking fund payments | 26 | | set forth in this subsection shall be permitted only to the |
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| 1 | | extent authorized in Section 54F of the Internal Revenue Code | 2 | | or as otherwise determined by the Director of the Governor's | 3 | | Office of Management and Budget. "Qualified School | 4 | | Construction Bonds" in this subsection means Bonds authorized | 5 | | by Section 54F of the Internal Revenue Code and for bonds | 6 | | issued from time to time to refund or continue to refund such | 7 | | "Qualified School Construction Bonds". | 8 | | (f) Beginning with the next issuance by the Governor's | 9 | | Office of Management and Budget to the Procurement Policy Board | 10 | | of a request for quotation for the purpose of formulating a new | 11 | | pool of qualified underwriting banks list, all entities | 12 | | responding to such a request for quotation for inclusion on | 13 | | that list shall provide a written report to the Governor's | 14 | | Office of Management and Budget and the Illinois Comptroller. | 15 | | The written report submitted to the Comptroller shall (i) be | 16 | | published on the Comptroller's Internet website and (ii) be | 17 | | used by the Governor's Office of Management and Budget for the | 18 | | purposes of scoring such a request for quotation. The written | 19 | | report, at a minimum, shall: | 20 | | (1) disclose whether, within the past 3 months, | 21 | | pursuant to its credit default swap market-making | 22 | | activities, the firm has entered into any State of Illinois | 23 | | credit default swaps ("CDS"); | 24 | | (2) include, in the event of State of Illinois CDS | 25 | | activity, disclosure of the firm's cumulative notional | 26 | | volume of State of Illinois CDS trades and the firm's |
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| 1 | | outstanding gross and net notional amount of State of | 2 | | Illinois CDS, as of the end of the current 3-month period; | 3 | | (3) indicate, pursuant to the firm's proprietary | 4 | | trading activities, disclosure of whether the firm, within | 5 | | the past 3 months, has entered into any proprietary trades | 6 | | for its own account in State of Illinois CDS; | 7 | | (4) include, in the event of State of Illinois | 8 | | proprietary trades, disclosure of the firm's outstanding | 9 | | gross and net notional amount of proprietary State of | 10 | | Illinois CDS and whether the net position is short or long | 11 | | credit protection, as of the end of the current 3-month | 12 | | period; | 13 | | (5) list all time periods during the past 3 months | 14 | | during which the firm held net long or net short State of | 15 | | Illinois CDS proprietary credit protection positions, the | 16 | | amount of such positions, and whether those positions were | 17 | | net long or net short credit protection positions; and | 18 | | (6) indicate whether, within the previous 3 months, the | 19 | | firm released any publicly available research or marketing | 20 | | reports that reference State of Illinois CDS and include | 21 | | those research or marketing reports as attachments. | 22 | | (g) All entities included on a Governor's Office of | 23 | | Management and Budget's pool of qualified underwriting banks | 24 | | list shall, as soon as possible after March 18, 2011 (the | 25 | | effective date of Public Act 96-1554), but not later than | 26 | | January 21, 2011, and on a quarterly fiscal basis thereafter, |
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| 1 | | provide a written report to the Governor's Office of Management | 2 | | and Budget and the Illinois Comptroller. The written reports | 3 | | submitted to the Comptroller shall be published on the | 4 | | Comptroller's Internet website. The written reports, at a | 5 | | minimum, shall: | 6 | | (1) disclose whether, within the past 3 months, | 7 | | pursuant to its credit default swap market-making | 8 | | activities, the firm has entered into any State of Illinois | 9 | | credit default swaps ("CDS"); | 10 | | (2) include, in the event of State of Illinois CDS | 11 | | activity, disclosure of the firm's cumulative notional | 12 | | volume of State of Illinois CDS trades and the firm's | 13 | | outstanding gross and net notional amount of State of | 14 | | Illinois CDS, as of the end of the current 3-month period; | 15 | | (3) indicate, pursuant to the firm's proprietary | 16 | | trading activities, disclosure of whether the firm, within | 17 | | the past 3 months, has entered into any proprietary trades | 18 | | for its own account in State of Illinois CDS; | 19 | | (4) include, in the event of State of Illinois | 20 | | proprietary trades, disclosure of the firm's outstanding | 21 | | gross and net notional amount of proprietary State of | 22 | | Illinois CDS and whether the net position is short or long | 23 | | credit protection, as of the end of the current 3-month | 24 | | period; | 25 | | (5) list all time periods during the past 3 months | 26 | | during which the firm held net long or net short State of |
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| 1 | | Illinois CDS proprietary credit protection positions, the | 2 | | amount of such positions, and whether those positions were | 3 | | net long or net short credit protection positions; and | 4 | | (6) indicate whether, within the previous 3 months, the | 5 | | firm released any publicly available research or marketing | 6 | | reports that reference State of Illinois CDS and include | 7 | | those research or marketing reports as attachments. | 8 | | (h) Notwithstanding any other provision of this Section, | 9 | | for purposes of maximizing market efficiencies and cost | 10 | | savings, Income Tax Proceed Bonds may be issued and sold from | 11 | | time to time, in one or more series, in such amounts and at | 12 | | such prices as may be directed by the Governor, upon | 13 | | recommendation by the Director of the Governor's Office of | 14 | | Management and Budget. Income Tax Proceed Bonds shall be in | 15 | | such form, either coupon, registered, or book entry, in such | 16 | | denominations, shall bear interest payable at such times and at | 17 | | such fixed or variable rate or rates, and be dated as shall be | 18 | | fixed and determined by the Director of the Governor's Office | 19 | | of Management and Budget in the order authorizing the issuance | 20 | | and sale of any series of Income Tax Proceed Bonds, which order | 21 | | shall be approved by the Governor and is herein called a "Bond | 22 | | Sale Order"; provided, however, that interest payable at fixed | 23 | | or variable rates shall not exceed that permitted in the Bond | 24 | | Authorization Act. Income Tax Proceed Bonds shall be payable at | 25 | | such place or places, within or without the State of Illinois, | 26 | | and may be made registrable as to either principal or as to |
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| 1 | | both principal and interest, as shall be specified in the Bond | 2 | | Sale Order.
Income Tax Proceed Bonds may be callable or subject | 3 | | to purchase and retirement or tender and remarketing as fixed | 4 | | and determined in the Bond Sale Order. | 5 | | (i) Notwithstanding any other provision of this Section, | 6 | | for purposes of maximizing market efficiencies and cost | 7 | | savings, State Pension Obligation Acceleration Bonds may be | 8 | | issued and sold from time to time, in one or more series, in | 9 | | such amounts and at such prices as may be directed by the | 10 | | Governor, upon recommendation by the Director of the Governor's | 11 | | Office of Management and Budget. State Pension Obligation | 12 | | Acceleration Bonds shall be in such form, either coupon, | 13 | | registered, or book entry, in such denominations, shall bear | 14 | | interest payable at such times and at such fixed or variable | 15 | | rate or rates, and be dated as shall be fixed and determined by | 16 | | the Director of the Governor's Office of Management and Budget | 17 | | in the order authorizing the issuance and sale of any series of | 18 | | State Pension Obligation Acceleration Bonds, which order shall | 19 | | be approved by the Governor and is herein called a "Bond Sale | 20 | | Order"; provided, however, that interest payable at fixed or | 21 | | variable rates shall not exceed that permitted in the Bond | 22 | | Authorization Act. State Pension Obligation Acceleration Bonds | 23 | | shall be payable at such place or places, within or without the | 24 | | State of Illinois, and may be made registrable as to either | 25 | | principal or as to both principal and interest, as shall be | 26 | | specified in the Bond Sale Order.
State Pension Obligation |
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| 1 | | Acceleration Bonds may be callable or subject to purchase and | 2 | | retirement or tender and remarketing as fixed and determined in | 3 | | the Bond Sale Order. | 4 | | (Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | 5 | | 25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | 6 | | 7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18; | 7 | | 100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863, | 8 | | eff. 8-14-18; revised 10-17-18.)
| 9 | | (30 ILCS 330/11) (from Ch. 127, par. 661)
| 10 | | Sec. 11. Sale of Bonds. Except as otherwise provided in | 11 | | this Section,
Bonds shall be sold from time to time pursuant to
| 12 | | notice of sale and public bid or by negotiated sale
in such | 13 | | amounts and at such
times as is directed by the Governor, upon | 14 | | recommendation by the Director of
the
Governor's Office of | 15 | | Management and Budget. At least 25%, based on total principal | 16 | | amount, of all Bonds issued each fiscal year shall be sold | 17 | | pursuant to notice of sale and public bid. At all times during | 18 | | each fiscal year, no more than 75%, based on total principal | 19 | | amount, of the Bonds issued each fiscal year, shall have been | 20 | | sold by negotiated sale. Failure to satisfy the requirements in | 21 | | the preceding 2 sentences shall not affect the validity of any | 22 | | previously issued Bonds; provided that all Bonds authorized by | 23 | | Public Act 96-43 and Public Act 96-1497 shall not be included | 24 | | in determining compliance for any fiscal year with the | 25 | | requirements of the preceding 2 sentences; and further provided |
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| 1 | | that refunding Bonds satisfying the requirements of Section 16 | 2 | | of this Act and sold during fiscal year 2009, 2010, 2011, 2017, | 3 | | 2018, or 2019 shall not be subject to the requirements in the | 4 | | preceding 2 sentences.
| 5 | | If
any Bonds, including refunding Bonds, are to be sold by | 6 | | negotiated
sale, the
Director of the
Governor's Office of | 7 | | Management and Budget
shall comply with the
competitive request | 8 | | for proposal process set forth in the Illinois
Procurement Code | 9 | | and all other applicable requirements of that Code.
| 10 | | If Bonds are to be sold pursuant to notice of sale and | 11 | | public bid, the
Director of the
Governor's Office of Management | 12 | | and Budget may, from time to time, as Bonds are to be sold, | 13 | | advertise
the sale of the Bonds in at least 2 daily newspapers, | 14 | | one of which is
published in the City of Springfield and one in | 15 | | the City of Chicago. The sale
of the Bonds shall also be
| 16 | | advertised in the volume of the Illinois Procurement Bulletin | 17 | | that is
published by the Department of Central Management | 18 | | Services, and shall be published once at least
10 days prior to | 19 | | the date fixed
for the opening of the bids. The Director of the
| 20 | | Governor's Office of Management and Budget may
reschedule the | 21 | | date of sale upon the giving of such additional notice as the
| 22 | | Director deems adequate to inform prospective bidders of
such | 23 | | change; provided, however, that all other conditions of the | 24 | | sale shall
continue as originally advertised.
| 25 | | Executed Bonds shall, upon payment therefor, be delivered | 26 | | to the purchaser,
and the proceeds of Bonds shall be paid into |
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| 1 | | the State Treasury as directed by
Section 12 of this Act.
| 2 | | All Income Tax Proceed Bonds shall comply with this | 3 | | Section. Notwithstanding anything to the contrary, however, | 4 | | for purposes of complying with this Section, Income Tax Proceed | 5 | | Bonds, regardless of the number of series or issuances sold | 6 | | thereunder, shall be
considered a single issue or series. | 7 | | Furthermore, for purposes of complying with the competitive | 8 | | bidding requirements of this Section, the words "at all times" | 9 | | shall not apply to any such sale of the Income Tax Proceed | 10 | | Bonds. The Director of the Governor's Office of Management and | 11 | | Budget shall determine the time and manner of any competitive | 12 | | sale of the Income Tax Proceed Bonds; however, that sale shall | 13 | | under no circumstances take place later than 60 days after the | 14 | | State closes the sale of 75% of the Income Tax Proceed Bonds by | 15 | | negotiated sale. | 16 | | All State Pension Obligation Acceleration Bonds shall | 17 | | comply with this Section. Notwithstanding anything to the | 18 | | contrary, however, for purposes of complying with this Section, | 19 | | State Pension Obligation Acceleration Bonds, regardless of the | 20 | | number of series or issuances sold thereunder, shall be
| 21 | | considered a single issue or series. Furthermore, for purposes | 22 | | of complying with the competitive bidding requirements of this | 23 | | Section, the words "at all times" shall not apply to any such | 24 | | sale of the State Pension Obligation Acceleration Bonds. The | 25 | | Director of the Governor's Office of Management and Budget | 26 | | shall determine the time and manner of any competitive sale of |
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| 1 | | the State Pension Obligation Acceleration Bonds; however, that | 2 | | sale shall under no circumstances take place later than 60 days | 3 | | after the State closes the sale of 75% of the State Pension | 4 | | Obligation Acceleration Bonds by negotiated sale. | 5 | | (Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section | 6 | | 25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. | 7 | | 7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18; | 8 | | 100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863, | 9 | | eff. 8-4-18; revised 10-10-18.)
| 10 | | (30 ILCS 330/12) (from Ch. 127, par. 662)
| 11 | | Sec. 12. Allocation of proceeds from sale of Bonds.
| 12 | | (a) Proceeds from the sale of Bonds, authorized by Section | 13 | | 3 of this Act,
shall be deposited in the separate fund known as | 14 | | the Capital Development Fund.
| 15 | | (b) Proceeds from the sale of Bonds, authorized by | 16 | | paragraph (a) of Section
4 of this Act, shall be deposited in | 17 | | the separate fund known as the
Transportation Bond, Series A | 18 | | Fund.
| 19 | | (c) Proceeds from the sale of Bonds, authorized by | 20 | | paragraphs (b) and (c)
of Section 4 of this Act, shall be | 21 | | deposited in the separate fund known
as the Transportation | 22 | | Bond, Series B Fund.
| 23 | | (c-1) Proceeds from the sale of Bonds, authorized by | 24 | | paragraph (d) of Section 4 of this Act, shall be deposited into | 25 | | the Transportation Bond Series D Fund, which is hereby created. |
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| 1 | | (c-2) Proceeds from the sale of Bonds, authorized by | 2 | | paragraph (e) of Section 4 of this Act, shall be deposited into | 3 | | the Multi-modal Transportation Bond Fund, which is hereby | 4 | | created. | 5 | | (d) Proceeds from the sale of Bonds, authorized by Section | 6 | | 5 of this
Act, shall be deposited in the separate fund known as | 7 | | the School Construction
Fund.
| 8 | | (e) Proceeds from the sale of Bonds, authorized by Section | 9 | | 6 of this Act,
shall be deposited in the separate fund known as | 10 | | the Anti-Pollution Fund.
| 11 | | (f) Proceeds from the sale of Bonds, authorized by Section | 12 | | 7 of this Act,
shall be deposited in the separate fund known as | 13 | | the Coal Development Fund.
| 14 | | (f-2) Proceeds from the sale of Bonds, authorized by | 15 | | Section 7.2 of this
Act, shall be deposited as set forth in | 16 | | Section 7.2.
| 17 | | (f-5) Proceeds from the sale of Bonds, authorized by | 18 | | Section 7.5 of this
Act, shall be deposited as set forth in | 19 | | Section 7.5.
| 20 | | (f-7) Proceeds from the sale of Bonds, authorized by | 21 | | Section 7.6 of this Act, shall be deposited as set forth in | 22 | | Section 7.6. | 23 | | (f-8) Proceeds from the sale of Bonds, authorized by | 24 | | Section 7.7 of this Act, shall be deposited as set forth in | 25 | | Section 7.7. | 26 | | (g) Proceeds from the sale of Bonds, authorized by Section |
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| 1 | | 8 of this Act,
shall be deposited in
the Capital Development | 2 | | Fund.
| 3 | | (h) Subsequent to the issuance of any Bonds for the | 4 | | purposes described
in Sections 2 through 8 of this Act, the | 5 | | Governor and the Director of the
Governor's Office of | 6 | | Management and Budget may provide for the reallocation of | 7 | | unspent proceeds
of such Bonds to any other purposes authorized | 8 | | under said Sections of this
Act, subject to the limitations on | 9 | | aggregate principal amounts contained
therein. Upon any such | 10 | | reallocation, such unspent proceeds shall be
transferred to the | 11 | | appropriate funds as determined by reference to
paragraphs (a) | 12 | | through (g) of this Section.
| 13 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
| 14 | | (30 ILCS 330/15) (from Ch. 127, par. 665)
| 15 | | Sec. 15. Computation of principal and interest; transfers.
| 16 | | (a) Upon each delivery of Bonds authorized to be issued | 17 | | under this Act,
the Comptroller shall compute and certify to | 18 | | the Treasurer the total amount
of principal of, interest on, | 19 | | and premium, if any, on Bonds issued that will
be payable in | 20 | | order to retire such Bonds, the amount of principal of,
| 21 | | interest on and premium, if any, on such Bonds that will be | 22 | | payable on each
payment date according to the tenor of such | 23 | | Bonds during the then current and
each succeeding fiscal year, | 24 | | and the amount of sinking fund payments needed to be deposited | 25 | | in connection with Qualified School Construction Bonds |
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| 1 | | authorized by subsection (e) of Section 9.
With respect to the | 2 | | interest payable on variable rate bonds, such
certifications | 3 | | shall be calculated at the maximum rate of interest that
may be | 4 | | payable during the fiscal year, after taking into account any | 5 | | credits
permitted in the related indenture or other instrument | 6 | | against the amount
of such interest required to be appropriated | 7 | | for such period pursuant to
subsection (c) of Section 14 of | 8 | | this Act. With respect to the interest
payable, such | 9 | | certifications shall include the amounts certified by the
| 10 | | Director of the
Governor's Office of Management and Budget | 11 | | under subsection (b) of Section 9 of
this Act.
| 12 | | On or before the last day of each month the State Treasurer | 13 | | and Comptroller
shall transfer from (1) the Road Fund with | 14 | | respect to Bonds issued under paragraphs
paragraph (a) and (e) | 15 | | of Section 4 of this Act, or Bonds issued under authorization | 16 | | in Public Act 98-781, or Bonds issued for the purpose of
| 17 | | refunding such bonds, and from (2) the General
Revenue Fund, | 18 | | with respect to all other Bonds issued under this Act, to the
| 19 | | General Obligation Bond Retirement and Interest Fund an amount | 20 | | sufficient to
pay the aggregate of the principal of, interest | 21 | | on, and premium, if any, on
Bonds payable, by their terms on | 22 | | the next payment date divided by the number of
full calendar | 23 | | months between the date of such Bonds and the first such | 24 | | payment
date, and thereafter, divided by the number of months | 25 | | between each succeeding
payment date after the first. Such | 26 | | computations and transfers shall be
made for each series of |
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| 1 | | Bonds issued and delivered. Interest payable on
variable rate | 2 | | bonds shall be calculated at the maximum rate of interest that
| 3 | | may be payable for the relevant period, after taking into | 4 | | account any credits
permitted in the related indenture or other | 5 | | instrument against the amount of
such interest required to be | 6 | | appropriated for such period pursuant to
subsection (c) of | 7 | | Section 14 of this Act. Computations of interest shall
include | 8 | | the amounts certified by the Director of the
Governor's Office | 9 | | of Management and Budget
under subsection (b) of Section 9 of | 10 | | this Act. Interest for which moneys
have already been deposited | 11 | | into the capitalized interest account within the
General | 12 | | Obligation Bond Retirement and Interest Fund shall not be | 13 | | included
in the calculation of the amounts to be transferred | 14 | | under this subsection. Notwithstanding any other provision in | 15 | | this Section, the transfer provisions provided in this | 16 | | paragraph shall not apply to transfers made in fiscal year 2010 | 17 | | or fiscal year 2011 with respect to Bonds issued in fiscal year | 18 | | 2010 or fiscal year 2011 pursuant to Section 7.2 of this Act. | 19 | | In the case of transfers made in fiscal year 2010 or fiscal | 20 | | year 2011 with respect to the Bonds issued in fiscal year 2010 | 21 | | or fiscal year 2011 pursuant to Section 7.2 of this Act, on or | 22 | | before the 15th day of the month prior to the required debt | 23 | | service payment, the State Treasurer and Comptroller shall | 24 | | transfer from the General Revenue Fund to the General | 25 | | Obligation Bond Retirement and Interest Fund an amount | 26 | | sufficient to pay the aggregate of the principal of, interest |
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| 1 | | on, and premium, if any, on the Bonds payable in that next | 2 | | month.
| 3 | | The transfer of monies herein and above directed is not | 4 | | required if monies
in the General Obligation Bond Retirement | 5 | | and Interest Fund are more than
the amount otherwise to be | 6 | | transferred as herein above provided, and if the
Governor or | 7 | | his authorized representative notifies the State Treasurer and
| 8 | | Comptroller of such fact in writing.
| 9 | | (b) After the effective date of this Act, the balance of, | 10 | | and monies
directed to be included in the Capital Development | 11 | | Bond Retirement and
Interest Fund, Anti-Pollution Bond | 12 | | Retirement and Interest Fund,
Transportation Bond, Series A | 13 | | Retirement and Interest Fund, Transportation
Bond, Series B | 14 | | Retirement and Interest Fund, and Coal Development Bond
| 15 | | Retirement and Interest Fund shall be transferred to and | 16 | | deposited in the
General Obligation Bond Retirement and | 17 | | Interest Fund. This Fund shall be
used to make debt service | 18 | | payments on the State's general obligation Bonds
heretofore | 19 | | issued which are now outstanding and payable from the Funds | 20 | | herein
listed as well as on Bonds issued under this Act.
| 21 | | (c) The unused portion of federal funds received for or as | 22 | | reimbursement for a capital
facilities project, as authorized | 23 | | by Section 3 of this Act, for which
monies from the Capital | 24 | | Development Fund have been expended shall remain in the Capital | 25 | | Development Board Contributory Trust Fund and shall be used for | 26 | | capital projects and for no other purpose, subject to |
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| 1 | | appropriation and as directed by the Capital Development Board. | 2 | | Any federal funds received as reimbursement
for the completed | 3 | | construction of a capital facilities project, as
authorized by | 4 | | Section 3 of this Act, for which monies from the Capital
| 5 | | Development Fund have been expended may be used for any expense | 6 | | or project necessary for implementation of the Quincy Veterans' | 7 | | Home Rehabilitation and Rebuilding Act for a period of 5 years | 8 | | from the effective date of this amendatory Act of the 100th | 9 | | General Assembly, and any remaining funds shall be deposited in | 10 | | the General
Obligation Bond Retirement and Interest Fund.
| 11 | | (Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18.)
| 12 | | (30 ILCS 330/19) (from Ch. 127, par. 669)
| 13 | | Sec. 19.
Investment of Money Not Needed for Current
| 14 | | Expenditures - Application of Earnings.
(a) The State Treasurer | 15 | | may, with the Governor's approval, invest and
reinvest any | 16 | | money from the Capital Development Fund, the Transportation
| 17 | | Bond, Series A Fund, the Transportation Bond, Series B Fund, | 18 | | the Multi-modal Transportation Bond Fund, the School
| 19 | | Construction Fund, the Anti-Pollution Fund, the Coal | 20 | | Development Fund and
the General Obligation Bond Retirement and | 21 | | Interest Fund, in the State
Treasury, which is not needed for | 22 | | current expenditures due or about to
become due from these | 23 | | funds.
| 24 | | (b) Monies received from the sale or redemption of | 25 | | investments from the
Transportation Bond, Series A Fund and the |
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| 1 | | Multi-modal Transportation Bond Fund shall be deposited by the | 2 | | State
Treasurer in the Road Fund.
| 3 | | Monies received from the sale or redemption of investments | 4 | | from the
Capital Development Fund, the Transportation Bond, | 5 | | Series B Fund, the School
Construction Fund, the Anti-Pollution | 6 | | Fund, and the Coal Development Fund
shall be deposited by the | 7 | | State Treasurer in the General Revenue Fund.
| 8 | | Monies from the sale or redemption of investments from the | 9 | | General
Obligation Bond Retirement and Interest Fund shall be | 10 | | deposited in the
General Obligation Bond Retirement and | 11 | | Interest Fund.
| 12 | | (c) Monies from the Capital Development Fund, the | 13 | | Transportation Bond,
Series A Fund, the Transportation Bond, | 14 | | Series B Fund, the Multi-modal Transportation Bond Fund, the | 15 | | School
Construction Fund, the Anti-Pollution Fund, and the Coal | 16 | | Development Fund
may be invested as permitted in "AN ACT in | 17 | | relation to State moneys",
approved June 28, 1919, as amended | 18 | | and in "AN ACT relating to certain
investments of public funds | 19 | | by public agencies", approved July 23, 1943, as
amended. Monies | 20 | | from the General Obligation Bond Retirement and Interest
Fund | 21 | | may be invested in securities constituting direct obligations | 22 | | of the
United States Government, or obligations, the principal | 23 | | of and interest on which
are guaranteed by the United States | 24 | | Government, or certificates of deposit
of any state or national | 25 | | bank or savings and loan association.
For amounts not insured | 26 | | by the Federal Deposit Insurance Corporation or
the Federal |
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| 1 | | Savings and Loan Insurance Corporation, as security the State
| 2 | | Treasurer shall accept securities constituting direct | 3 | | obligations of the
United States Government, or obligations, | 4 | | the principal of and interest on
which are guaranteed by the | 5 | | United States Government.
| 6 | | (d) Accrued interest paid to the State at the time of the | 7 | | delivery of
the Bonds shall be deposited into the General | 8 | | Obligation Bond Retirement and Interest
Fund in the State | 9 | | Treasury.
| 10 | | (Source: P.A. 84-1248; 84-1474.)
| 11 | | Section 15. The Build Illinois Bond Act is amended by | 12 | | changing Sections 2, 4, 6, and 8 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 $9,484,681,100 $6,246,009,000
herein called "Bonds". | 19 | | Such authorized amount of Bonds shall
be reduced from time to | 20 | | time by amounts, if any, which are equal to the
moneys received | 21 | | by the Department of Revenue in any fiscal year pursuant to
| 22 | | Section 3-1001 of the "Illinois Vehicle Code", as amended, in | 23 | | excess of the
Annual Specified Amount (as defined in Section 3 | 24 | | of the "Retailers'
Occupation Tax Act", as amended) and |
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| 1 | | transferred at the end of such fiscal
year from the General | 2 | | Revenue Fund to the Build Illinois Purposes Fund (now | 3 | | abolished) as
provided in Section 3-1001 of said Code; | 4 | | provided, however, that no such
reduction shall affect the | 5 | | validity or enforceability of any Bonds issued
prior to such | 6 | | reduction. Such amount of authorized Bonds
shall be exclusive | 7 | | of any refunding Bonds issued pursuant to Section 15 of
this | 8 | | Act and exclusive of any Bonds issued pursuant to this Section | 9 | | which
are redeemed, purchased, advance refunded, or defeased in | 10 | | accordance with
paragraph (f) of Section 4 of this Act. Bonds | 11 | | shall be issued for the
categories and specific purposes | 12 | | expressed in Section 4 of this Act.
| 13 | | (Source: P.A. 98-94, eff. 7-17-13.)
| 14 | | (30 ILCS 425/4) (from Ch. 127, par. 2804)
| 15 | | Sec. 4. Purposes of Bonds. Bonds shall be issued for the | 16 | | following
purposes and in the approximate amounts as set forth | 17 | | below:
| 18 | | (a) $4,372,761,200 $3,222,800,000 for the expenses of | 19 | | issuance and
sale of Bonds, including bond discounts, and for | 20 | | planning, engineering,
acquisition, construction, | 21 | | reconstruction, development, improvement and
extension of the | 22 | | public infrastructure in the State of Illinois, including: the
| 23 | | making of loans or grants to local governments for waste | 24 | | disposal systems,
water and sewer line extensions and water | 25 | | distribution and purification
facilities, rail or air or water |
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| 1 | | port improvements, gas and electric utility
extensions, | 2 | | publicly owned industrial and commercial sites, buildings
used | 3 | | for public administration purposes and other public | 4 | | infrastructure capital
improvements; the making of loans or | 5 | | grants to units of local government
for financing and | 6 | | construction of wastewater facilities, including grants to | 7 | | serve unincorporated areas; refinancing or
retiring bonds | 8 | | issued between January 1, 1987 and January 1,
1990 by home rule | 9 | | municipalities, debt service on which is provided from a
tax | 10 | | imposed by home rule municipalities prior to January 1, 1990 on | 11 | | the
sale of food and drugs pursuant to Section 8-11-1 of the | 12 | | Home Rule
Municipal Retailers' Occupation Tax Act or Section | 13 | | 8-11-5 of the Home
Rule Municipal Service Occupation Tax Act; | 14 | | the making of deposits not
to exceed $70,000,000 in the | 15 | | aggregate into
the Water Pollution Control Revolving Fund to | 16 | | provide assistance in
accordance with the provisions of Title | 17 | | IV-A of the Environmental
Protection Act; the planning, | 18 | | engineering, acquisition,
construction, reconstruction, | 19 | | alteration, expansion, extension and
improvement of highways, | 20 | | bridges, structures separating highways and
railroads, rest | 21 | | areas, interchanges, access
roads to and from any State or | 22 | | local highway and other transportation
improvement projects | 23 | | which are related to
economic development activities; the | 24 | | making of loans or grants for
planning, engineering, | 25 | | rehabilitation, improvement or construction of rail
and | 26 | | transit facilities; the planning, engineering, acquisition,
|
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| 1 | | construction, reconstruction and improvement of watershed, | 2 | | drainage, flood
control, recreation and related improvements | 3 | | and facilities, including
expenses related to land and easement | 4 | | acquisition, relocation, control
structures, channel work and | 5 | | clearing and appurtenant work; the planning, engineering, | 6 | | acquisition, construction, reconstruction and improvement of | 7 | | State facilities and related infrastructure;
the making of Park | 8 | | and Recreational Facilities Construction (PARC) grants;
the | 9 | | making of grants to units of local government for community | 10 | | development capital projects; the making of
grants for | 11 | | improvement and development of zoos and park district field
| 12 | | houses and related structures; and the making of grants for | 13 | | improvement and
development of Navy Pier and related | 14 | | structures.
| 15 | | (b) $2,122,970,300 $849,000,000 for fostering economic | 16 | | development and
increased employment and fostering the well | 17 | | being of the citizens of Illinois through community | 18 | | development , including:
the making of grants for improvement | 19 | | and development of McCormick Place and
related structures; the
| 20 | | planning and construction of a microelectronics research | 21 | | center, including
the planning, engineering, construction, | 22 | | improvement, renovation and
acquisition of buildings, | 23 | | equipment and related utility support systems;
the making of | 24 | | loans to businesses and investments in small businesses;
| 25 | | acquiring real properties for industrial or commercial site | 26 | | development;
acquiring, rehabilitating and reconveying |
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| 1 | | industrial and commercial
properties for the purpose of | 2 | | expanding employment and encouraging private
and other public | 3 | | sector investment in the economy of Illinois; the payment
of | 4 | | expenses associated with siting the Superconducting Super | 5 | | Collider Particle
Accelerator in Illinois and with its | 6 | | acquisition, construction,
maintenance, operation, promotion | 7 | | and support; the making of loans for the
planning, engineering, | 8 | | acquisition, construction, improvement and
conversion of | 9 | | facilities and equipment which will foster the use of
Illinois | 10 | | coal; the payment of expenses associated with the
promotion, | 11 | | establishment, acquisition and operation of small business
| 12 | | incubator facilities and agribusiness research facilities, | 13 | | including the lease,
purchase, renovation, planning, | 14 | | engineering, construction and maintenance of
buildings, | 15 | | utility support systems and equipment designated for such
| 16 | | purposes and the establishment and maintenance of centralized | 17 | | support
services within such facilities; the making of grants | 18 | | for transportation electrification infrastructure projects | 19 | | that promote use of clean and renewable energy;
the making of | 20 | | capital expenditures and grants for broadband development and | 21 | | for a statewide broadband deployment grant program;
the making | 22 | | of grants to public entities and private persons and entities | 23 | | for community development capital projects;
the making of | 24 | | grants to public entities and private persons and entities for | 25 | | capital projects in the context of grant programs focused on | 26 | | assisting economically depressed areas, expanding affordable |
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| 1 | | housing, supporting the provision of human services, | 2 | | supporting emerging technology enterprises, and supporting | 3 | | minority owned businesses; and the making of grants or loans to
| 4 | | units of local government for Urban Development Action Grant | 5 | | and Housing
Partnership programs.
| 6 | | (c) $2,711,076,600 $1,944,058,100 for the development and
| 7 | | improvement of educational,
scientific, technical and | 8 | | vocational programs and facilities and the
expansion of health | 9 | | and human services for all citizens of Illinois,
including: the | 10 | | making of grants to school districts and not-for-profit | 11 | | organizations for early childhood construction projects | 12 | | pursuant to Section 5-300 of the School Construction Law;
the | 13 | | making of grants to educational institutions for educational, | 14 | | scientific, technical and vocational program equipment and | 15 | | facilities; the making of grants to museums for equipment and | 16 | | facilities; the making of construction and improvement grants | 17 | | and loans
to public libraries
and library systems; the making | 18 | | of grants and loans for planning,
engineering, acquisition and | 19 | | construction
of a new State central library in Springfield; the | 20 | | planning, engineering,
acquisition and construction of an | 21 | | animal and dairy sciences facility; the
planning, engineering, | 22 | | acquisition and construction of a campus and all
related | 23 | | buildings, facilities, equipment and materials for Richland
| 24 | | Community College; the acquisition, rehabilitation and | 25 | | installation of
equipment and materials for scientific and | 26 | | historical surveys; the making of
grants or loans for |
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| 1 | | distribution to eligible vocational education instructional
| 2 | | programs for the upgrading of vocational education programs, | 3 | | school shops
and laboratories, including the acquisition, | 4 | | rehabilitation and
installation of technical equipment and | 5 | | materials; the making of grants or
loans for distribution to | 6 | | eligible local educational agencies for the
upgrading of math | 7 | | and science instructional programs, including the
acquisition | 8 | | of instructional equipment and materials; miscellaneous | 9 | | capital
improvements for universities and community colleges | 10 | | including the
planning, engineering,
construction, | 11 | | reconstruction, remodeling, improvement, repair and
| 12 | | installation of capital facilities and costs of planning, | 13 | | supplies,
equipment, materials, services, and all other | 14 | | required expenses; the
making of grants or loans for repair, | 15 | | renovation and miscellaneous capital
improvements for | 16 | | privately operated colleges and universities and community
| 17 | | colleges, including the planning, engineering, acquisition, | 18 | | construction,
reconstruction, remodeling,
improvement, repair | 19 | | and installation of capital facilities and costs of
planning, | 20 | | supplies, equipment, materials, services, and all other | 21 | | required
expenses; and the making of grants or loans for | 22 | | distribution to local
governments for hospital and other health | 23 | | care facilities including the
planning, engineering, | 24 | | acquisition, construction, reconstruction,
remodeling, | 25 | | improvement, repair and installation of capital facilities and
| 26 | | costs of planning, supplies, equipment, materials, services |
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| 1 | | and all other
required expenses.
| 2 | | (d) $277,873,000 $230,150,900 for protection, | 3 | | preservation,
restoration and conservation of environmental | 4 | | and natural resources,
including: the making of grants to soil | 5 | | and water conservation districts
for the planning and | 6 | | implementation of conservation practices and for
funding | 7 | | contracts with the Soil Conservation Service for watershed
| 8 | | planning; the making of grants to units of local government for | 9 | | the
capital development and improvement of recreation areas, | 10 | | including
planning and engineering costs, sewer projects, | 11 | | including planning and
engineering costs and water projects, | 12 | | including planning
and engineering costs, and for the | 13 | | acquisition of open space lands,
including the acquisition of | 14 | | easements and other property interests of less
than fee simple | 15 | | ownership; the making of grants to units of local government | 16 | | through the Illinois Green Infrastructure Grant Program to | 17 | | protect water quality and mitigate flooding; the acquisition | 18 | | and related costs and development
and management of natural | 19 | | heritage lands, including natural areas and areas
providing | 20 | | habitat for
endangered species and nongame wildlife, and buffer | 21 | | area lands; the
acquisition and related costs and development | 22 | | and management of
habitat lands, including forest, wildlife | 23 | | habitat and wetlands;
and the removal and disposition of | 24 | | hazardous substances, including the cost of
project | 25 | | management, equipment, laboratory analysis, and contractual | 26 | | services
necessary for preventative and corrective actions |
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| 1 | | related to the preservation,
restoration and conservation of | 2 | | the environment, including deposits not to
exceed $60,000,000 | 3 | | in the aggregate into the Hazardous Waste Fund and the
| 4 | | Brownfields Redevelopment Fund for improvements in accordance | 5 | | with the
provisions of Titles V and XVII of the Environmental | 6 | | Protection Act.
| 7 | | (e) The amount specified in paragraph (a) above
shall | 8 | | include an amount necessary to pay reasonable expenses of each
| 9 | | issuance and sale of the Bonds, as specified in the related | 10 | | Bond Sale Order
(hereinafter defined).
| 11 | | (f) Any unexpended proceeds from any sale of
Bonds which | 12 | | are held in the Build Illinois Bond Fund may be used to redeem,
| 13 | | purchase, advance refund, or defease any Bonds outstanding.
| 14 | | (Source: P.A. 98-94, eff. 7-17-13.)
| 15 | | (30 ILCS 425/6) (from Ch. 127, par. 2806)
| 16 | | Sec. 6. Conditions for issuance and sale of Bonds - | 17 | | requirements for
Bonds - master and supplemental indentures - | 18 | | credit and liquidity
enhancement. | 19 | | (a) Bonds shall be issued and sold from time to time, in | 20 | | one
or more series, in such amounts and at such prices as | 21 | | directed by the
Governor, upon recommendation by the Director | 22 | | of the
Governor's Office of Management and Budget.
Bonds shall | 23 | | be payable only from the specific sources and secured in the
| 24 | | manner provided in this Act. Bonds shall be in such form, in | 25 | | such
denominations, mature on such dates within 25 years from |
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| 1 | | their date of
issuance, be subject to optional or mandatory | 2 | | redemption, bear interest
payable at such times and at such | 3 | | rate or rates, fixed or variable, and be
dated as shall be | 4 | | fixed and determined by the Director of the
Governor's Office | 5 | | of Management and Budget
in an order authorizing the
issuance | 6 | | and sale of any series of
Bonds, which order shall be approved | 7 | | by the Governor and is herein called a
"Bond Sale Order"; | 8 | | provided, however, that interest payable at fixed rates
shall | 9 | | not exceed that permitted in "An Act to authorize public | 10 | | corporations
to issue bonds, other evidences of indebtedness | 11 | | and tax anticipation
warrants subject to interest rate | 12 | | limitations set forth therein", approved
May 26, 1970, as now | 13 | | or hereafter amended, and interest payable at variable
rates | 14 | | shall not exceed the maximum rate permitted in the Bond Sale | 15 | | Order.
Said Bonds shall be payable at such place or places, | 16 | | within or without the
State of Illinois,
and may be made | 17 | | registrable
as to either principal only or as to both principal | 18 | | and interest, as shall
be specified in the Bond Sale
Order. | 19 | | Bonds may be callable or subject to purchase and retirement or
| 20 | | remarketing as fixed and determined in the Bond Sale Order. | 21 | | Bonds (i) except for refunding Bonds satisfying the | 22 | | requirements of Section 15 of this Act and sold during fiscal | 23 | | year 2009, 2010, 2011, 2017, 2018, or 2019, must be issued with | 24 | | principal or mandatory redemption amounts in equal amounts, | 25 | | with the first maturity issued occurring within the fiscal year | 26 | | in which the Bonds are issued or within the next succeeding |
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| 1 | | fiscal year and (ii) must mature or be subject to mandatory | 2 | | redemption each fiscal year thereafter up to 25 years, except | 3 | | for refunding Bonds satisfying the requirements of Section 15 | 4 | | of this Act and sold during fiscal year 2009, 2010, or 2011 | 5 | | which must mature or be subject to mandatory redemption each | 6 | | fiscal year thereafter up to 16 years.
| 7 | | All Bonds authorized under this Act shall be issued | 8 | | pursuant
to a master trust indenture ("Master Indenture") | 9 | | executed and delivered on
behalf of the State by the Director | 10 | | of the
Governor's Office of Management and Budget, such
Master | 11 | | Indenture to be in substantially the form approved in the Bond | 12 | | Sale
Order authorizing the issuance and sale of the initial | 13 | | series of Bonds
issued under this Act. Such initial series of | 14 | | Bonds may, and each
subsequent series of Bonds shall, also be | 15 | | issued pursuant to a supplemental
trust indenture | 16 | | ("Supplemental Indenture") executed and delivered on behalf
of | 17 | | the State by the Director of the
Governor's Office of | 18 | | Management and Budget, each such
Supplemental
Indenture to be | 19 | | in substantially the form approved in the Bond Sale Order
| 20 | | relating to such series. The Master Indenture and any | 21 | | Supplemental
Indenture shall be entered into with a bank or | 22 | | trust company in the State
of Illinois having trust powers and | 23 | | possessing capital and surplus of not
less than $100,000,000. | 24 | | Such indentures shall set forth the terms and
conditions of the | 25 | | Bonds and provide for payment of and security for the
Bonds, | 26 | | including the establishment and maintenance of debt service and
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| 1 | | reserve funds, and for other protections for holders of the | 2 | | Bonds.
The term "reserve funds" as used in this Act shall | 3 | | include funds and
accounts established under indentures to | 4 | | provide for the payment of
principal of and premium and | 5 | | interest on Bonds, to provide for the purchase,
retirement or | 6 | | defeasance of Bonds, to provide for fees of
trustees, | 7 | | registrars, paying agents and other fiduciaries and to provide
| 8 | | for payment of costs of and debt service payable in respect of | 9 | | credit or
liquidity enhancement arrangements, interest rate | 10 | | swaps or guarantees or
financial futures contracts and
indexing | 11 | | and remarketing agents' services.
| 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
Sale | 18 | | Order may provide that such interest rates and prices may vary | 19 | | from time to time
depending on criteria established in such | 20 | | 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 Bonds of such series to be remarketable from | 24 | | time to
time at a price equal to their principal amount (or | 25 | | compound accreted
value in the case of original issue discount | 26 | | Bonds), and may provide for
appointment of indexing agents and |
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| 1 | | a bank, trust company,
investment bank or other financial | 2 | | institution to serve as remarketing
agent in that connection. | 3 | | The Bond Sale Order may provide that alternative
interest rates | 4 | | or provisions for establishing alternative interest rates,
| 5 | | different security or claim priorities or different call or | 6 | | amortization provisions
will apply during such times as Bonds | 7 | | of any series are held by a person
providing credit or | 8 | | liquidity enhancement arrangements for such Bonds as
| 9 | | authorized in subsection (b) of Section 6 of this Act.
| 10 | | (b) In connection with the issuance of any series of Bonds, | 11 | | the State
may enter into arrangements to provide additional | 12 | | security and liquidity
for such Bonds, including, without | 13 | | limitation, bond or interest rate
insurance or letters of | 14 | | credit, lines of credit, bond purchase contracts or
other | 15 | | arrangements whereby funds are made
available to retire or | 16 | | purchase Bonds, thereby assuring the ability of
owners of the | 17 | | Bonds to sell or redeem their Bonds.
The State may enter into | 18 | | contracts and may agree to pay fees to persons
providing such | 19 | | arrangements, but only under circumstances where the
Director | 20 | | of the Bureau of the Budget
(now Governor's Office of | 21 | | Management and Budget)
certifies that he reasonably expects
the | 22 | | total interest paid or to be paid on the Bonds, together with | 23 | | the fees
for the arrangements (being treated as if interest), | 24 | | would not, taken
together, cause the Bonds to bear interest, | 25 | | calculated to their stated
maturity, at a rate in excess of the | 26 | | rate which the Bonds would bear in the
absence of such |
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| 1 | | arrangements. Any bonds, notes or other evidences of
| 2 | | indebtedness issued pursuant to any such arrangements for the | 3 | | purpose of
retiring and discharging outstanding Bonds
shall | 4 | | constitute refunding Bonds
under Section 15 of this Act. The | 5 | | State may participate in and enter
into arrangements with | 6 | | respect to interest rate swaps or guarantees or
financial | 7 | | futures contracts for the
purpose of limiting or restricting | 8 | | interest rate risk; provided
that such arrangements shall be | 9 | | made with or executed through banks
having capital and surplus | 10 | | of not less than $100,000,000 or insurance
companies holding | 11 | | the
highest policyholder rating accorded insurers by A.M. Best & | 12 | | Co. or any
comparable rating service or government bond | 13 | | dealers reporting to, trading
with, and recognized as primary | 14 | | dealers by a Federal Reserve Bank and
having capital and | 15 | | surplus of not less than $100,000,000,
or other persons whose
| 16 | | debt securities are rated in the highest long-term categories | 17 | | by both
Moody's Investors' Services, Inc. and Standard & Poor's | 18 | | Corporation.
Agreements incorporating any of the foregoing | 19 | | arrangements may be executed
and delivered by the Director of | 20 | | the
Governor's Office of Management and Budget on behalf of the
| 21 | | State in substantially the form approved in the Bond Sale Order | 22 | | relating to
such Bonds.
| 23 | | (c) "Build America Bonds" in this Section means Bonds | 24 | | authorized by Section 54AA of the Internal Revenue Code of | 25 | | 1986, as amended ("Internal Revenue Code"), and bonds issued | 26 | | from time to time to refund or continue to refund "Build |
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| 1 | | America Bonds". | 2 | | (Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; | 3 | | 100-587, eff. 6-4-18.)
| 4 | | (30 ILCS 425/8) (from Ch. 127, par. 2808)
| 5 | | Sec. 8. Sale of Bonds. Bonds, except as otherwise provided | 6 | | in this Section, shall be sold from time to time pursuant to
| 7 | | notice of sale and public bid or by negotiated sale in such | 8 | | amounts and at such
times as are directed by the Governor, upon | 9 | | recommendation by the Director of
the Governor's Office of | 10 | | Management and Budget. At least 25%, based on total principal | 11 | | amount, of all Bonds issued each fiscal year shall be sold | 12 | | pursuant to notice of sale and public bid. At all times during | 13 | | each fiscal year, no more than 75%, based on total principal | 14 | | amount, of the Bonds issued each fiscal year shall have been | 15 | | sold by negotiated sale. Failure to satisfy the requirements in | 16 | | the preceding 2 sentences shall not affect the validity of any | 17 | | previously issued Bonds; and further provided that refunding | 18 | | Bonds satisfying the requirements of Section 15 of this Act and | 19 | | sold during fiscal year 2009, 2010, 2011, 2017, 2018, or 2019 | 20 | | shall not be subject to the requirements in the preceding 2 | 21 | | sentences. | 22 | | If any Bonds are to be sold pursuant to notice of sale and | 23 | | public bid, the Director of the
Governor's Office of Management | 24 | | and Budget shall comply with the
competitive request for | 25 | | proposal process set forth in the Illinois
Procurement Code and |
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| 1 | | all other applicable requirements of that Code. | 2 | | If Bonds are to be sold pursuant to notice of sale and | 3 | | public bid, the
Director of the
Governor's Office of Management | 4 | | and Budget may, from time to time, as Bonds are to be sold, | 5 | | advertise
the sale of the Bonds in at least 2 daily newspapers, | 6 | | one of which is
published in the City of Springfield and one in | 7 | | the City of Chicago. The sale
of the Bonds shall also be
| 8 | | advertised in the volume of the Illinois Procurement Bulletin | 9 | | that is
published by the Department of Central Management | 10 | | Services, and shall be published once at least 10 days prior to | 11 | | the date fixed
for the opening of the bids. The Director of the
| 12 | | Governor's Office of Management and Budget may
reschedule the | 13 | | date of sale upon the giving of such additional notice as the
| 14 | | Director deems adequate to inform prospective bidders of
the | 15 | | change; provided, however, that all other conditions of the | 16 | | sale shall
continue as originally advertised.
Executed Bonds | 17 | | shall, upon payment
therefor, be delivered to the purchaser, | 18 | | and the proceeds of Bonds shall be
paid into the State Treasury | 19 | | as
directed by Section 9 of this Act.
The
Governor or the | 20 | | Director of the
Governor's Office of Management and Budget is | 21 | | hereby authorized
and directed to execute and
deliver contracts | 22 | | of sale with underwriters and to execute and deliver such
| 23 | | certificates, indentures, agreements and documents, including | 24 | | any
supplements or amendments thereto, and to take such actions | 25 | | and do such
things as shall be necessary or desirable to carry | 26 | | out the purposes of this
Act.
Any action authorized or |
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| 1 | | permitted to be taken by the Director of the
Governor's Office | 2 | | of Management and Budget
pursuant to this Act is hereby | 3 | | authorized to be taken
by any person specifically designated by | 4 | | the Governor to take such action
in a certificate signed by the | 5 | | Governor and filed with the Secretary of State.
| 6 | | (Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; | 7 | | 100-587, eff. 6-4-18.)
| 8 | | Section 20. The Regional Transportation Authority Act is | 9 | | amended by changing Section 2.32 as follows: | 10 | | (70 ILCS 3615/2.32)
| 11 | | Sec. 2.32. Clean/green vehicles. Any vehicles purchased | 12 | | from funds made available to the Authority from the | 13 | | Transportation Bond, Series B Fund or the Multi-modal | 14 | | Transportation Bond Fund must incorporate clean/green | 15 | | technologies and alternative fuel technologies, to the extent | 16 | | practical.
| 17 | | (Source: P.A. 96-8, eff. 4-28-09.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.".
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