|
Public Act 101-0030 |
HB0142 Enrolled | LRB101 02983 RJF 47991 b |
|
|
AN ACT concerning finance.
|
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
|
Section 1. Short title. This Act may be referred to as the |
Rebuild Illinois Capital Financing Program Act of 2019. |
Section 5. The State Finance Act is amended by changing |
Section 6z-78 and by adding Sections 5.891, 5.893, 5.894, |
5.895, 5.896, 6z-108, 6z-109, 6z-110 and 6z-111 as follows: |
(30 ILCS 105/5.891 new) |
Sec. 5.891. The Multi-modal Transportation Bond Fund. |
(30 ILCS 105/5.893 new) |
Sec. 5.893. Transportation Renewal Fund. |
(30 ILCS 105/5.894 new) |
Sec. 5.894. Regional Transportation Authority Capital |
Improvement Fund. |
(30 ILCS 105/5.895 new) |
Sec. 5.895. Downstate Mass Transportation Capital |
Improvement Fund. |
|
(30 ILCS 105/5.896 new) |
Sec. 5.896. Rebuild Illinois Projects Fund. |
(30 ILCS 105/6z-78)
|
Sec. 6z-78. Capital Projects Fund; bonded indebtedness; |
transfers. Money in the Capital Projects Fund shall, if and |
when the State of Illinois incurs any bonded indebtedness using |
the bond authorizations for capital projects enacted in Public |
Act 96-36, Public Act 96-1554, Public Act 97-771, Public Act |
98-94, and this amendatory Act of the 101st 98th General |
Assembly, be set aside and used for the purpose of paying and |
discharging annually the principal and interest on that bonded |
indebtedness then due and payable. |
In addition to other transfers to the General Obligation |
Bond Retirement and Interest Fund made pursuant to Section 15 |
of the General Obligation Bond Act, upon each delivery of |
general obligation bonds for capital projects using bond |
authorizations enacted in Public Act 96-36, Public Act 96-1554, |
Public Act 97-771, Public Act 98-94, and this amendatory Act of |
the 101st 98th General Assembly (except for amounts in this |
amendatory Act of the 101st General Assembly that increase bond |
authorization under paragraph (1) of subsection (a) of Section |
4 and subsection (e) of Section 4 of the General Obligation |
Bond Act), the State Comptroller shall compute and certify to |
the State Treasurer the total amount of principal of, interest |
on, and premium, if any, on such bonds during the then current |
|
and each succeeding fiscal year. With respect to the interest |
payable on variable rate bonds, such certifications shall be |
calculated at the maximum rate of interest that may be payable |
during the fiscal year, after taking into account any credits |
permitted in the related indenture or other instrument against |
the amount of such interest required to be appropriated for the |
period. |
(a) Except as provided for in subsection (b), on or before |
the last day of each month, the State Treasurer and State |
Comptroller shall transfer from the Capital Projects Fund to |
the General Obligation Bond Retirement and Interest Fund an |
amount sufficient to pay the aggregate of the principal of, |
interest on, and premium, if any, on the bonds payable on their |
next payment date, divided by the number of monthly transfers |
occurring between the last previous payment date (or the |
delivery date if no payment date has yet occurred) and the next |
succeeding payment date. Interest payable on variable rate |
bonds shall be calculated at the maximum rate of interest that |
may be payable for the relevant period, after taking into |
account any credits permitted in the related indenture or other |
instrument against the amount of such interest required to be |
appropriated for that period. Interest for which moneys have |
already been deposited into the capitalized interest account |
within the General Obligation Bond Retirement and Interest Fund |
shall not be included in the calculation of the amounts to be |
transferred under this subsection.
|
|
(b) On or before the last day of each month, the State |
Treasurer and State Comptroller shall transfer from the Capital |
Projects Fund to the General Obligation Bond Retirement and |
Interest Fund an amount sufficient to pay the aggregate of the |
principal of, interest on, and premium, if any, on the bonds |
issued prior to January 1, 2012 pursuant to Section 4(d) of the |
General Obligation Bond Act payable on their next payment date, |
divided by the number of monthly transfers occurring between |
the last previous payment date (or the delivery date if no |
payment date has yet occurred) and the next succeeding payment |
date. If the available balance in the Capital Projects Fund is |
not sufficient for the transfer required in this subsection, |
the State Treasurer and State Comptroller shall transfer the |
difference from the Road Fund to the General Obligation Bond |
Retirement and Interest Fund; except that such Road Fund |
transfers shall constitute a debt of the Capital Projects Fund |
which shall be repaid according to subsection (c). Interest |
payable on variable rate bonds shall be calculated at the |
maximum rate of interest that may be payable for the relevant |
period, after taking into account any credits permitted in the |
related indenture or other instrument against the amount of |
such interest required to be appropriated for that period. |
Interest for which moneys have already been deposited into the |
capitalized interest account within the General Obligation |
Bond Retirement and Interest Fund shall not be included in the |
calculation of the amounts to be transferred under this |
|
subsection. |
(c) On the first day of any month when the Capital Projects |
Fund is carrying a debt to the Road Fund due to the provisions |
of subsection (b), the State Treasurer and State Comptroller |
shall transfer from the Capital Projects Fund to the Road Fund |
an amount sufficient to discharge that debt. These transfers to |
the Road Fund shall continue until the Capital Projects Fund |
has repaid to the Road Fund all transfers made from the Road |
Fund pursuant to subsection (b). Notwithstanding any other law |
to the contrary, transfers to the Road Fund from the Capital |
Projects Fund shall be made prior to any other expenditures or |
transfers out of the Capital Projects Fund. |
(Source: P.A. 97-771, eff. 7-10-12; 98-94, eff. 7-17-13.) |
(30 ILCS 105/6z-108 new) |
Sec. 6z-108. Transportation Renewal Fund. |
(a) The Transportation Renewal Fund is created as a special |
fund in the State treasury and shall receive Motor Fuel Tax |
revenues as directed by Section 8b of the Motor Fuel Tax Law. |
(b) Money in the Transportation Renewal Fund shall be used |
exclusively for transportation-related purposes as described |
in Section 11 of Article IX of the Illinois Constitution of |
1970. |
(30 ILCS 105/6z-109 new) |
Sec. 6z-109. Regional Transportation Authority Capital |
|
Improvement Fund. |
(a) The Regional Transportation Authority Capital |
Improvement Fund is created as a special fund in the State |
treasury and shall receive a portion of the moneys deposited |
into the Transportation Renewal Fund from Motor Fuel Tax |
revenues pursuant to Section 8b of the Motor Fuel Tax Law. |
(b) Money in the Regional Transportation Authority Capital |
Improvement Fund shall be used exclusively for |
transportation-related purposes as described in Section 11 of |
Article IX of the Illinois Constitution of 1970. |
(30 ILCS 105/6z-110 new) |
Sec. 6z-110. Downstate Mass Transportation Capital |
Improvement Fund. |
(a) The Downstate Mass Transportation Capital Improvement |
Fund is created as a special fund in the State treasury and |
shall receive a portion of the moneys deposited into the |
Transportation Renewal Fund from Motor Fuel Tax revenues |
pursuant to Section 8b the Motor Fuel Tax Law. |
(b) Money in the Downstate Mass Transportation Capital |
Improvement Fund shall be used exclusively for |
transportation-related purposes as described in Section 11 of |
Article IX of the Illinois Constitution of 1970. |
(30 ILCS 105/6z-111 new) |
Sec. 6z-111. Rebuild Illinois Projects Fund. |
|
(a) The Rebuild Illinois Projects Fund is created as a |
special fund in the State treasury and shall receive moneys |
from the collection of license fees on initial licenses issued |
for newly licensed gaming facilities or wagering platforms in |
Fiscal Year 2019 or thereafter, and any other moneys |
appropriated or transferred to it as provided by law. |
(b) Money in the Rebuild Illinois Projects Fund shall be |
used, subject to appropriation, for grants that support |
community development, including capital projects and other |
purposes authorized by law. |
Section 10. The General Obligation Bond Act is amended by |
changing Sections 2, 2.5, 3, 4, 5, 6, 7.6, 9, 11, 12, 15, and 19 |
as follows: |
(30 ILCS 330/2) (from Ch. 127, par. 652) |
Sec. 2. Authorization for Bonds. The State of Illinois is |
authorized to
issue, sell and provide for the retirement of |
General Obligation Bonds of
the State of Illinois for the |
categories and specific purposes expressed in
Sections 2 |
through 8 of this Act, in the total amount of $78,256,839,969 |
$57,717,925,743 . |
The bonds authorized in this Section 2 and in Section 16 of |
this Act are
herein called "Bonds". |
Of the total amount of Bonds authorized in this Act, up to |
$2,200,000,000
in aggregate original principal amount may be |
|
issued and sold in accordance
with the Baccalaureate Savings |
Act in the form of General Obligation
College Savings Bonds. |
Of the total amount of Bonds authorized in this Act, up to |
$300,000,000 in
aggregate original principal amount may be |
issued and sold in accordance
with the Retirement Savings Act |
in the form of General Obligation
Retirement Savings Bonds. |
Of the total amount of Bonds authorized in this Act, the |
additional
$10,000,000,000 authorized by Public Act 93-2, the |
$3,466,000,000 authorized by Public Act 96-43, and the |
$4,096,348,300 authorized by Public Act 96-1497 shall be used |
solely as provided in Section 7.2. |
Of the total amount of Bonds authorized in this Act, the |
additional $6,000,000,000 authorized by Public Act 100-23 this |
amendatory Act of the 100th General Assembly shall be used |
solely as provided in Section 7.6 and shall be issued by |
December 31, 2017. |
Of the total amount of Bonds authorized in this Act, |
$1,000,000,000 of the additional amount authorized by Public |
Act 100-587 this amendatory Act of the 100th General Assembly |
shall be used solely as provided in Section 7.7. |
The issuance and sale of Bonds pursuant to the General |
Obligation Bond
Act is an economical and efficient method of |
financing the long-term capital needs of
the State. This Act |
will permit the issuance of a multi-purpose General
Obligation |
Bond with uniform terms and features. This will not only lower
|
the cost of registration but also reduce the overall cost of |
|
issuing debt
by improving the marketability of Illinois General |
Obligation Bonds. |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.) |
(30 ILCS 330/2.5) |
Sec. 2.5. Limitation on issuance of Bonds. |
(a) Except as provided in subsection (b), no Bonds may be |
issued if, after the issuance, in the next State fiscal year |
after the issuance of the Bonds, the amount of debt service |
(including principal, whether payable at maturity or pursuant |
to mandatory sinking fund installments, and interest) on all |
then-outstanding Bonds, other than (i) Bonds authorized by |
Public Act 100-23, (ii) Bonds issued by Public Act 96-43, (iii) |
Bonds authorized by Public Act 96-1497, and (iv) Bonds |
authorized by Public Act 100-587 this amendatory Act of the |
100th General Assembly , would exceed 7% of the aggregate |
appropriations from the general funds , the State Construction |
Account Fund, (which consist of the General Revenue Fund, the |
Common School Fund, the General Revenue Common School Special |
Account Fund, and the Education Assistance Fund) and the Road |
Fund for the fiscal year immediately prior to the fiscal year |
of the issuance. For the purposes of this subsection (a), |
"general funds" has the same meaning as ascribed to that term |
under Section 50-40 of the State Budget Law of the Civil |
Administrative Code of Illinois. |
(b) If the Comptroller and Treasurer each consent in |
|
writing, Bonds may be issued even if the issuance does not |
comply with subsection (a). In addition, $2,000,000,000 in |
Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, |
and $2,000,000,000 in Refunding Bonds under Section 16, may be |
issued during State fiscal year 2017 without complying with |
subsection (a). In addition, $2,000,000,000 in Bonds for the |
purposes set forth in Sections 3, 4, 5, 6, and 7, and |
$2,000,000,000 in Refunding Bonds under Section 16, may be |
issued during State fiscal year 2018 without complying with |
subsection (a).
|
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section |
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. |
7-6-17; 100-587, eff. 6-4-18; 100-863, eff. 8-14-18.)
|
(30 ILCS 330/3) (from Ch. 127, par. 653)
|
Sec. 3. Capital facilities. The amount of $18,580,011,269 |
$10,538,963,443 is authorized
to be used for the acquisition, |
development, construction, reconstruction,
improvement, |
financing, architectural planning and installation of capital
|
facilities within the State, consisting of buildings, |
structures, durable
equipment, land, interests in land, and the |
costs associated with the purchase and implementation of |
information technology, including but not limited to the |
purchase of hardware and software, for the following specific |
purposes:
|
(a) $6,268,676,500 $3,433,228,000 for educational |
|
purposes by
State universities and
public community |
colleges, the Illinois Community College Board created by |
the Public
Community College Act and for grants to public |
community colleges as
authorized by Sections 5-11 and 5-12 |
of the Public Community College Act;
|
(b) $1,690,506,300 $1,648,420,000 for correctional |
purposes at
State
prison and correctional centers;
|
(c) $688,492,300 $599,183,000 for open spaces, |
recreational and
conservation purposes and the protection |
of land , including expenditures and grants for the Illinois |
Conservation Reserve Enhancement Program and for ecosystem |
restoration and for plugging of abandoned wells ;
|
(d) $1,078,503,900 $764,317,000 for State child care |
facilities, mental
and public health facilities, and |
facilities for the care of veterans with disabilities and |
their spouses , and for grants to public and private |
community health centers, hospitals, and other health care |
providers for capital facilities ;
|
(e) $7,518,753,300 $2,884,790,000 for use by the |
State, its
departments, authorities, public corporations, |
commissions and agencies , including renewable energy |
upgrades at State facilities ;
|
(f) $818,100 for cargo handling facilities at port |
districts and for
breakwaters, including harbor entrances, |
at port districts in conjunction
with facilities for small |
boats and pleasure crafts;
|
|
(g) $375,457,000 $297,177,074 for water resource |
management
projects , including flood mitigation and State |
dam and waterway projects ;
|
(h) $16,940,269 for the provision of facilities for |
food production
research and related instructional and |
public service activities at the
State universities and |
public community colleges;
|
(i) $75,134,700 $36,000,000 for grants by the |
Secretary of State, as
State
Librarian, for central library |
facilities authorized by Section 8
of the Illinois Library |
System Act and for grants by the Capital
Development Board |
to units of local government for public library
facilities;
|
(j) $25,000,000 for the acquisition, development, |
construction,
reconstruction, improvement, financing, |
architectural planning and
installation of capital |
facilities consisting of buildings, structures,
durable |
equipment and land for grants to counties, municipalities |
or public
building commissions with correctional |
facilities that do not comply with
the minimum standards of |
the Department of Corrections under Section 3-15-2
of the |
Unified Code of Corrections;
|
(k) $5,011,600 $5,000,000 for grants in fiscal year |
1988 by the Department of
Conservation for improvement or |
expansion of aquarium facilities located on
property owned |
by a park district;
|
(l) $599,590,000 to State agencies for grants to
local |
|
governments for
the acquisition, financing, architectural |
planning, development, alteration,
installation, and |
construction of capital facilities consisting of |
buildings,
structures, durable equipment, and land; and
|
(m) $237,127,300 $228,500,000 for the Illinois Open |
Land Trust
Program
as defined by the
Illinois Open Land |
Trust Act.
|
The amounts authorized above for capital facilities may be |
used
for the acquisition, installation, alteration, |
construction, or
reconstruction of capital facilities and for |
the purchase of equipment
for the purpose of major capital |
improvements which will reduce energy
consumption in State |
buildings or facilities.
|
(Source: P.A. 99-143, eff. 7-27-15; 100-587, eff. 6-4-18.)
|
(30 ILCS 330/4) (from Ch. 127, par. 654)
|
Sec. 4. Transportation. The amount of $27,048,062,400 |
$15,948,199,000
is authorized for use by the Department of |
Transportation for the specific
purpose of promoting and |
assuring rapid, efficient, and safe highway, air and
mass |
transportation for the inhabitants of the State by providing |
monies,
including the making of grants and loans, for the |
acquisition, construction,
reconstruction, extension and |
improvement of the following transportation
facilities and |
equipment, and for the acquisition of real property and
|
interests in real property required or expected to be required |
|
in connection
therewith as follows:
|
(a) $11,921,354,200 $5,432,129,000 for State highways, |
arterial
highways, freeways,
roads, bridges, structures |
separating highways and railroads and roads, and
bridges on |
roads maintained by counties, municipalities, townships , or |
road
districts , and grants to counties, municipalities, |
townships, or road districts for planning, engineering, |
acquisition, construction, reconstruction, development, |
improvement, extension, and all construction-related expenses |
of the public infrastructure and other transportation |
improvement projects for the following specific purposes:
|
(1) $9,819,221,200 $3,330,000,000 for use statewide,
|
(2) $3,677,000 for use outside the Chicago urbanized
|
area,
|
(3) $7,543,000 for use within the Chicago urbanized |
area,
|
(4) $13,060,600 for use within the City of Chicago,
|
(5) $58,991,500 $58,987,500 for use within the |
counties of Cook,
DuPage, Kane, Lake, McHenry and Will,
|
(6) $18,860,900 for use outside the counties of Cook, |
DuPage, Kane,
Lake, McHenry and Will, and
|
(7) $2,000,000,000 for use on projects included in |
either (i) the FY09-14 Proposed Highway Improvement |
Program as published by the Illinois Department of |
Transportation in May 2008 or (ii) the FY10-15 Proposed |
Highway Improvement Program to be published by the Illinois |
|
Department of Transportation in the spring of 2009; except |
that all projects must be maintenance projects for the |
existing State system with the goal of reaching 90% |
acceptable condition in the system statewide and further |
except that all projects must reflect the generally |
accepted historical distribution of projects throughout |
the State. |
(b) $5,966,379,900 $5,379,670,000 for rail facilities and |
for
mass transit facilities, as defined in Section 2705-305 of |
the Department of
Transportation Law (20 ILCS 2705/2705-305) , |
including rapid transit, rail, bus
and other equipment used in |
connection therewith by the State or any unit of
local |
government, special transportation district, municipal |
corporation or
other corporation or public authority |
authorized to provide and promote public
transportation within |
the State or two or more of the foregoing jointly, for
the |
following specific purposes:
|
(1) $4,387,063,600 $4,283,870,000 statewide,
|
(2) $83,350,000 for use within the counties of Cook,
|
DuPage, Kane, Lake, McHenry and Will,
|
(3) $12,450,000 for use outside the counties of Cook,
|
DuPage, Kane, Lake, McHenry and Will, and
|
(4) $1,000,916,300 $1,000,000,000 for use on projects |
that shall reflect the generally accepted historical |
distribution of projects throughout the State. |
(c) $482,600,000 for airport or aviation facilities and any |
|
equipment used
in connection therewith, including engineering |
and land acquisition costs,
by the State or any unit of local |
government, special transportation district,
municipal |
corporation or other corporation or public authority |
authorized
to provide public transportation within the State, |
or two or more of the
foregoing acting jointly, and for the |
making of deposits into the Airport
Land Loan Revolving Fund |
for loans to public airport owners pursuant to the
Illinois |
Aeronautics Act.
|
(d) $4,660,328,300 $4,653,800,000 for use statewide for |
State or local highways, arterial highways, freeways, roads, |
bridges, and structures separating highways and railroads and |
roads, and for grants to counties, municipalities, townships, |
or road districts for planning, engineering, acquisition, |
construction, reconstruction, development, improvement, |
extension, and all construction-related expenses of the public |
infrastructure and other transportation improvement projects |
which are related to economic development in the State of |
Illinois. |
(e) $4,500,000,000 for use statewide for grade crossings, |
port facilities, airport facilities, rail facilities, and mass |
transit facilities, as defined in Section 2705-305 of the |
Department of Transportation Law of the Civil Administrative |
Code of Illinois, including rapid transit, rail, bus and other |
equipment used in connection therewith by the State or any unit |
of local government, special transportation district, |
|
municipal corporation or other corporation or public authority |
authorized to provide and promote public transportation within |
the State or two or more of the foregoing jointly. |
(Source: P.A. 97-771, eff. 7-10-12; 98-94, eff. 7-17-13; |
98-781, eff. 7-22-14.)
|
(30 ILCS 330/5) (from Ch. 127, par. 655)
|
Sec. 5. School construction.
|
(a) The amount of $58,450,000 is authorized to
make grants |
to local school
districts for the acquisition, development, |
construction, reconstruction,
rehabilitation, improvement, |
financing, architectural planning and
installation of capital |
facilities, including but not limited to those
required for |
special
education building projects provided for in Article 14 |
of The School Code,
consisting of buildings, structures, and |
durable equipment, and for the
acquisition and improvement of |
real property and interests in real property
required, or |
expected to be required, in connection therewith.
|
(b) $22,550,000, or so much thereof as may be necessary, |
for grants to
school districts for the making of principal and |
interest payments, required
to be made, on bonds issued by such |
school districts after January 1, 1969,
pursuant to any |
indenture, ordinance, resolution, agreement or contract
to |
provide funds for the acquisition, development, construction,
|
reconstruction, rehabilitation, improvement, architectural |
planning and installation of
capital facilities consisting of |
|
buildings, structures, durable equipment
and land for |
educational purposes or for lease payments required to be made
|
by a school district for principal and interest payments on |
bonds issued
by a Public Building Commission after January 1, |
1969.
|
(c) $10,000,000 for grants to school districts for the |
acquisition,
development, construction, reconstruction, |
rehabilitation, improvement,
architectural
planning and |
installation of capital facilities consisting of buildings
|
structures, durable equipment and land for special education |
building projects.
|
(d) $9,000,000 for grants to school districts for the |
reconstruction,
rehabilitation, improvement, financing and |
architectural planning of capital
facilities, including |
construction at another location to replace such capital
|
facilities, consisting of those public school buildings and |
temporary school
facilities which, prior to January 1, 1984, |
were condemned by the regional
superintendent under Section |
3-14.22 of The School Code or by any State
official having |
jurisdiction over building safety.
|
(e) $3,109,403,700 $3,050,000,000 for grants to school |
districts for
school improvement
projects authorized by the |
School Construction Law. The bonds shall be sold in
amounts not |
to exceed the following schedule, except any bonds not sold |
during
one year shall be added to the bonds to be sold during |
the remainder of the
schedule:
|
|
First year ...................................$200,000,000
|
Second year ..................................$450,000,000
|
Third year ...................................$500,000,000
|
Fourth year ..................................$500,000,000
|
Fifth year ...................................$800,000,000
|
Sixth year and thereafter ........$659,403,700 $600,000,000
|
(f) $1,615,000,000 grants to school districts for school |
implemented projects authorized by the School Construction |
Law. |
(Source: P.A. 100-587, eff. 6-4-18.)
|
(30 ILCS 330/6) (from Ch. 127, par. 656)
|
Sec. 6. Anti-Pollution.
|
(a) The amount of $581,814,300 $443,215,000 is authorized |
for
allocation by the
Environmental Protection Agency for |
grants or loans to units of local
government , including grants |
to disadvantaged communities without modern sewage systems, in |
such amounts, at such times and for such purpose as the Agency
|
deems necessary or desirable for the planning, financing, and |
construction of
municipal sewage treatment works and solid |
waste disposal facilities and for
making of deposits into the |
Water Revolving Fund and
the U.S. Environmental Protection Fund |
to provide assistance in accordance
with the provisions of |
Title IV-A of the Environmental Protection Act.
|
(b) The amount of $236,500,000 is authorized for allocation |
by the
Environmental Protection Agency for payment of claims |
|
submitted to the State
and approved for payment under the |
Leaking Underground Storage Tank Program
established in Title |
XVI of the Environmental Protection Act.
|
(Source: P.A. 98-94, eff. 7-17-13.)
|
(30 ILCS 330/7.6) |
Sec. 7.6. Income Tax Proceed Bonds. |
(a) As used in this Act, "Income Tax Proceed Bonds" means |
Bonds (i) authorized by this amendatory Act of the 100th |
General Assembly or any other Public Act of the 100th General |
Assembly authorizing the issuance of Income Tax Proceed Bonds |
and (ii) used for the payment of unpaid obligations of the |
State as incurred from time to time and as authorized by the |
General Assembly. |
(b) Income Tax Proceed Bonds in the amount of |
$6,000,000,000 are hereby authorized to be used for the purpose |
of paying vouchers incurred by the State prior to July 1, 2017. |
Additional Income Tax Proceed Bonds in the amount of |
$1,200,000,000 are hereby authorized to be used for the purpose |
of paying vouchers incurred by the State more than 90 days |
prior to the date on which the Income Tax Proceed Bonds are |
issued. |
(c) The Income Tax Bond Fund is hereby created as a special |
fund in the State treasury. All moneys from the proceeds of the |
sale of the Income Tax Proceed Bonds, less the amounts |
authorized in the Bond Sale Order to be directly paid out for |
|
bond sale expenses under Section 8, shall be deposited into the |
Income Tax Bond Fund. All moneys in the Income Tax Bond Fund |
shall be used for the purpose of paying vouchers incurred by |
the State prior to July 1, 2017 or for paying vouchers incurred |
by the State more than 90 days prior to the date on which the |
Income Tax Proceed Bonds are issued . For the purpose of paying |
such vouchers, the Comptroller has the authority to transfer |
moneys from the Income Tax Bond Fund to general funds and the |
Health Insurance Reserve Fund. "General funds" has the meaning |
provided in Section 50-40 of the State Budget Law.
|
(Source: P.A. 100-23, eff. 7-6-17.)
|
(30 ILCS 330/9) (from Ch. 127, par. 659)
|
Sec. 9. Conditions for issuance and sale of Bonds; |
requirements for
Bonds. |
(a) Except as otherwise provided in this subsection, |
subsection (h), and subsection (i), Bonds shall be issued and |
sold from time to time, in one or
more series, in such amounts |
and at such prices as may be directed by the
Governor, upon |
recommendation by the Director of the
Governor's Office of |
Management and Budget.
Bonds shall be in such form (either |
coupon, registered or book entry), in
such denominations, |
payable within 25 years from their date, subject to such
terms |
of redemption with or without premium, bear interest payable at
|
such times and at such fixed or variable rate or rates, and be |
dated
as shall be fixed and determined by the Director of
the
|
|
Governor's Office of Management and Budget
in the order |
authorizing the issuance and sale
of any series of Bonds, which |
order shall be approved by the Governor
and is herein called a |
"Bond Sale Order"; provided however, that interest
payable at |
fixed or variable rates shall not exceed that permitted in the
|
Bond Authorization Act, as now or hereafter amended. Bonds |
shall be
payable at such place or places, within or without the |
State of Illinois, and
may be made registrable as to either |
principal or as to both principal and
interest, as shall be |
specified in the Bond Sale Order. Bonds may be callable
or |
subject to purchase and retirement or tender and remarketing as |
fixed
and determined in the Bond Sale Order. Bonds, other than |
Bonds issued under Section 3 of this Act for the costs |
associated with the purchase and implementation of information |
technology, (i) except for refunding Bonds satisfying the |
requirements of Section 16 of this Act and sold during fiscal |
year 2009, 2010, 2011, 2017, 2018, or 2019 must be issued with |
principal or mandatory redemption amounts in equal amounts, |
with the first maturity issued occurring within the fiscal year |
in which the Bonds are issued or within the next succeeding |
fiscal year and (ii) must mature or be subject to mandatory |
redemption each fiscal year thereafter up to 25 years, except |
for refunding Bonds satisfying the requirements of Section 16 |
of this Act and sold during fiscal year 2009, 2010, or 2011 |
which must mature or be subject to mandatory redemption each |
fiscal year thereafter up to 16 years. Bonds issued under |
|
Section 3 of this Act for the costs associated with the |
purchase and implementation of information technology must be |
issued with principal or mandatory redemption amounts in equal |
amounts, with the first maturity issued occurring with the |
fiscal year in which the respective bonds are issued or with |
the next succeeding fiscal year, with the respective bonds |
issued maturing or subject to mandatory redemption each fiscal |
year thereafter up to 10 years. Notwithstanding any provision |
of this Act to the contrary, the Bonds authorized by Public Act |
96-43 shall be payable within 5 years from their date and must |
be issued with principal or mandatory redemption amounts in |
equal amounts, with payment of principal or mandatory |
redemption beginning in the first fiscal year following the |
fiscal year in which the Bonds are issued.
|
Notwithstanding any provision of this Act to the contrary, |
the Bonds authorized by Public Act 96-1497 shall be payable |
within 8 years from their date and shall be issued with payment |
of maturing principal or scheduled mandatory redemptions in |
accordance with the following schedule, except the following |
amounts shall be prorated if less than the total additional |
amount of Bonds authorized by Public Act 96-1497 are issued: |
Fiscal Year After Issuance Amount |
1-2 $0 |
3 $110,712,120 |
4 $332,136,360 |
5 $664,272,720 |
|
6-8 $996,409,080 |
Notwithstanding any provision of this Act to the contrary, |
Income Tax Proceed Bonds issued under Section 7.6 shall be |
payable 12 years from the date of sale and shall be issued with |
payment of principal or mandatory redemption. |
In the case of any series of Bonds bearing interest at a |
variable interest
rate ("Variable Rate Bonds"), in lieu of |
determining the rate or rates at which
such series of Variable |
Rate Bonds shall bear interest and the price or prices
at which |
such Variable Rate Bonds shall be initially sold or remarketed |
(in the
event of purchase and subsequent resale), the Bond Sale |
Order may provide that
such interest rates and prices may vary |
from time to time depending on criteria
established in such |
Bond Sale Order, which criteria may include, without
|
limitation, references to indices or variations in interest |
rates as may, in
the judgment of a remarketing agent, be |
necessary to cause Variable Rate Bonds
of such series to be |
remarketable from time to time at a price equal to their
|
principal amount, and may provide for appointment of a bank, |
trust company,
investment bank, or other financial institution |
to serve as remarketing agent
in that connection.
The Bond Sale |
Order may provide that alternative interest rates or provisions
|
for establishing alternative interest rates, different |
security or claim
priorities, or different call or amortization |
provisions will apply during
such times as Variable Rate Bonds |
of any series are held by a person providing
credit or |
|
liquidity enhancement arrangements for such Bonds as |
authorized in
subsection (b) of this Section.
The Bond Sale |
Order may also provide for such variable interest rates to be
|
established pursuant to a process generally known as an auction |
rate process
and may provide for appointment of one or more |
financial institutions to serve
as auction agents and |
broker-dealers in connection with the establishment of
such |
interest rates and the sale and remarketing of such Bonds.
|
(b) In connection with the issuance of any series of Bonds, |
the State may
enter into arrangements to provide additional |
security and liquidity for such
Bonds, including, without |
limitation, bond or interest rate insurance or
letters of |
credit, lines of credit, bond purchase contracts, or other
|
arrangements whereby funds are made available to retire or |
purchase Bonds,
thereby assuring the ability of owners of the |
Bonds to sell or redeem their
Bonds. The State may enter into |
contracts and may agree to pay fees to persons
providing such |
arrangements, but only under circumstances where the Director |
of
the
Governor's Office of Management and Budget certifies |
that he or she reasonably expects the total
interest paid or to |
be paid on the Bonds, together with the fees for the
|
arrangements (being treated as if interest), would not, taken |
together, cause
the Bonds to bear interest, calculated to their |
stated maturity, at a rate in
excess of the rate that the Bonds |
would bear in the absence of such
arrangements.
|
The State may, with respect to Bonds issued or anticipated |
|
to be issued,
participate in and enter into arrangements with |
respect to interest rate
protection or exchange agreements, |
guarantees, or financial futures contracts
for the purpose of |
limiting, reducing, or managing interest rate exposure.
The |
authority granted under this paragraph, however, shall not |
increase the principal amount of Bonds authorized to be issued |
by law. The arrangements may be executed and delivered by the |
Director
of the
Governor's Office of Management and Budget on |
behalf of the State. Net payments for such
arrangements shall |
constitute interest on the Bonds and shall be paid from the
|
General Obligation Bond Retirement and Interest Fund. The |
Director of the
Governor's Office of Management and Budget |
shall at least annually certify to the Governor and
the
State |
Comptroller his or her estimate of the amounts of such net |
payments to
be included in the calculation of interest required |
to be paid by the State.
|
(c) Prior to the issuance of any Variable Rate Bonds |
pursuant to
subsection (a), the Director of the
Governor's |
Office of Management and Budget shall adopt an
interest rate |
risk management policy providing that the amount of the State's
|
variable rate exposure with respect to Bonds shall not exceed |
20%. This policy
shall remain in effect while any Bonds are |
outstanding and the issuance of
Bonds
shall be subject to the |
terms of such policy. The terms of this policy may be
amended |
from time to time by the Director of the
Governor's Office of |
Management and Budget but in no
event shall any amendment cause |
|
the permitted level of the State's variable
rate exposure with |
respect to Bonds to exceed 20%.
|
(d) "Build America Bonds" in this Section means Bonds |
authorized by Section 54AA of the Internal Revenue Code of |
1986, as amended ("Internal Revenue Code"), and bonds issued |
from time to time to refund or continue to refund "Build |
America Bonds". |
(e) Notwithstanding any other provision of this Section, |
Qualified School Construction Bonds shall be issued and sold |
from time to time, in one or more series, in such amounts and |
at such prices as may be directed by the Governor, upon |
recommendation by the Director of the Governor's Office of |
Management and Budget. Qualified School Construction Bonds |
shall be in such form (either coupon, registered or book |
entry), in such denominations, payable within 25 years from |
their date, subject to such terms of redemption with or without |
premium, and if the Qualified School Construction Bonds are |
issued with a supplemental coupon, bear interest payable at |
such times and at such fixed or variable rate or rates, and be |
dated as shall be fixed and determined by the Director of the |
Governor's Office of Management and Budget in the order |
authorizing the issuance and sale of any series of Qualified |
School Construction Bonds, which order shall be approved by the |
Governor and is herein called a "Bond Sale Order"; except that |
interest payable at fixed or variable rates, if any, shall not |
exceed that permitted in the Bond Authorization Act, as now or |
|
hereafter amended. Qualified School Construction Bonds shall |
be payable at such place or places, within or without the State |
of Illinois, and may be made registrable as to either principal |
or as to both principal and interest, as shall be specified in |
the Bond Sale Order. Qualified School Construction Bonds may be |
callable or subject to purchase and retirement or tender and |
remarketing as fixed and determined in the Bond Sale Order. |
Qualified School Construction Bonds must be issued with |
principal or mandatory redemption amounts or sinking fund |
payments into the General Obligation Bond Retirement and |
Interest Fund (or subaccount therefor) in equal amounts, with |
the first maturity issued, mandatory redemption payment or |
sinking fund payment occurring within the fiscal year in which |
the Qualified School Construction Bonds are issued or within |
the next succeeding fiscal year, with Qualified School |
Construction Bonds issued maturing or subject to mandatory |
redemption or with sinking fund payments thereof deposited each |
fiscal year thereafter up to 25 years. Sinking fund payments |
set forth in this subsection shall be permitted only to the |
extent authorized in Section 54F of the Internal Revenue Code |
or as otherwise determined by the Director of the Governor's |
Office of Management and Budget. "Qualified School |
Construction Bonds" in this subsection means Bonds authorized |
by Section 54F of the Internal Revenue Code and for bonds |
issued from time to time to refund or continue to refund such |
"Qualified School Construction Bonds". |
|
(f) Beginning with the next issuance by the Governor's |
Office of Management and Budget to the Procurement Policy Board |
of a request for quotation for the purpose of formulating a new |
pool of qualified underwriting banks list, all entities |
responding to such a request for quotation for inclusion on |
that list shall provide a written report to the Governor's |
Office of Management and Budget and the Illinois Comptroller. |
The written report submitted to the Comptroller shall (i) be |
published on the Comptroller's Internet website and (ii) be |
used by the Governor's Office of Management and Budget for the |
purposes of scoring such a request for quotation. The written |
report, at a minimum, shall: |
(1) disclose whether, within the past 3 months, |
pursuant to its credit default swap market-making |
activities, the firm has entered into any State of Illinois |
credit default swaps ("CDS"); |
(2) include, in the event of State of Illinois CDS |
activity, disclosure of the firm's cumulative notional |
volume of State of Illinois CDS trades and the firm's |
outstanding gross and net notional amount of State of |
Illinois CDS, as of the end of the current 3-month period; |
(3) indicate, pursuant to the firm's proprietary |
trading activities, disclosure of whether the firm, within |
the past 3 months, has entered into any proprietary trades |
for its own account in State of Illinois CDS; |
(4) include, in the event of State of Illinois |
|
proprietary trades, disclosure of the firm's outstanding |
gross and net notional amount of proprietary State of |
Illinois CDS and whether the net position is short or long |
credit protection, as of the end of the current 3-month |
period; |
(5) list all time periods during the past 3 months |
during which the firm held net long or net short State of |
Illinois CDS proprietary credit protection positions, the |
amount of such positions, and whether those positions were |
net long or net short credit protection positions; and |
(6) indicate whether, within the previous 3 months, the |
firm released any publicly available research or marketing |
reports that reference State of Illinois CDS and include |
those research or marketing reports as attachments. |
(g) All entities included on a Governor's Office of |
Management and Budget's pool of qualified underwriting banks |
list shall, as soon as possible after March 18, 2011 (the |
effective date of Public Act 96-1554), but not later than |
January 21, 2011, and on a quarterly fiscal basis thereafter, |
provide a written report to the Governor's Office of Management |
and Budget and the Illinois Comptroller. The written reports |
submitted to the Comptroller shall be published on the |
Comptroller's Internet website. The written reports, at a |
minimum, shall: |
(1) disclose whether, within the past 3 months, |
pursuant to its credit default swap market-making |
|
activities, the firm has entered into any State of Illinois |
credit default swaps ("CDS"); |
(2) include, in the event of State of Illinois CDS |
activity, disclosure of the firm's cumulative notional |
volume of State of Illinois CDS trades and the firm's |
outstanding gross and net notional amount of State of |
Illinois CDS, as of the end of the current 3-month period; |
(3) indicate, pursuant to the firm's proprietary |
trading activities, disclosure of whether the firm, within |
the past 3 months, has entered into any proprietary trades |
for its own account in State of Illinois CDS; |
(4) include, in the event of State of Illinois |
proprietary trades, disclosure of the firm's outstanding |
gross and net notional amount of proprietary State of |
Illinois CDS and whether the net position is short or long |
credit protection, as of the end of the current 3-month |
period; |
(5) list all time periods during the past 3 months |
during which the firm held net long or net short State of |
Illinois CDS proprietary credit protection positions, the |
amount of such positions, and whether those positions were |
net long or net short credit protection positions; and |
(6) indicate whether, within the previous 3 months, the |
firm released any publicly available research or marketing |
reports that reference State of Illinois CDS and include |
those research or marketing reports as attachments. |
|
(h) Notwithstanding any other provision of this Section, |
for purposes of maximizing market efficiencies and cost |
savings, Income Tax Proceed Bonds may be issued and sold from |
time to time, in one or more series, in such amounts and at |
such prices as may be directed by the Governor, upon |
recommendation by the Director of the Governor's Office of |
Management and Budget. Income Tax Proceed Bonds shall be in |
such form, either coupon, registered, or book entry, in such |
denominations, shall bear interest payable at such times and at |
such fixed or variable rate or rates, and be dated as shall be |
fixed and determined by the Director of the Governor's Office |
of Management and Budget in the order authorizing the issuance |
and sale of any series of Income Tax Proceed Bonds, which order |
shall be approved by the Governor and is herein called a "Bond |
Sale Order"; provided, however, that interest payable at fixed |
or variable rates shall not exceed that permitted in the Bond |
Authorization Act. Income Tax Proceed Bonds shall be payable at |
such place or places, within or without the State of Illinois, |
and may be made registrable as to either principal or as to |
both principal and interest, as shall be specified in the Bond |
Sale Order.
Income Tax Proceed Bonds may be callable or subject |
to purchase and retirement or tender and remarketing as fixed |
and determined in the Bond Sale Order. |
(i) Notwithstanding any other provision of this Section, |
for purposes of maximizing market efficiencies and cost |
savings, State Pension Obligation Acceleration Bonds may be |
|
issued and sold from time to time, in one or more series, in |
such amounts and at such prices as may be directed by the |
Governor, upon recommendation by the Director of the Governor's |
Office of Management and Budget. State Pension Obligation |
Acceleration Bonds shall be in such form, either coupon, |
registered, or book entry, in such denominations, shall bear |
interest payable at such times and at such fixed or variable |
rate or rates, and be dated as shall be fixed and determined by |
the Director of the Governor's Office of Management and Budget |
in the order authorizing the issuance and sale of any series of |
State Pension Obligation Acceleration Bonds, which order shall |
be approved by the Governor and is herein called a "Bond Sale |
Order"; provided, however, that interest payable at fixed or |
variable rates shall not exceed that permitted in the Bond |
Authorization Act. State Pension Obligation Acceleration Bonds |
shall be payable at such place or places, within or without the |
State of Illinois, and may be made registrable as to either |
principal or as to both principal and interest, as shall be |
specified in the Bond Sale Order.
State Pension Obligation |
Acceleration Bonds may be callable or subject to purchase and |
retirement or tender and remarketing as fixed and determined in |
the Bond Sale Order. |
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section |
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. |
7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18; |
100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863, |
|
eff. 8-14-18; revised 10-17-18.)
|
(30 ILCS 330/11) (from Ch. 127, par. 661)
|
Sec. 11. Sale of Bonds. Except as otherwise provided in |
this Section,
Bonds shall be sold from time to time pursuant to
|
notice of sale and public bid or by negotiated sale
in such |
amounts and at such
times as is directed by the Governor, upon |
recommendation by the Director of
the
Governor's Office of |
Management and Budget. At least 25%, based on total principal |
amount, of all Bonds issued each fiscal year shall be sold |
pursuant to notice of sale and public bid. At all times during |
each fiscal year, no more than 75%, based on total principal |
amount, of the Bonds issued each fiscal year, shall have been |
sold by negotiated sale. Failure to satisfy the requirements in |
the preceding 2 sentences shall not affect the validity of any |
previously issued Bonds; provided that all Bonds authorized by |
Public Act 96-43 and Public Act 96-1497 shall not be included |
in determining compliance for any fiscal year with the |
requirements of the preceding 2 sentences; and further provided |
that refunding Bonds satisfying the requirements of Section 16 |
of this Act and sold during fiscal year 2009, 2010, 2011, 2017, |
2018, or 2019 shall not be subject to the requirements in the |
preceding 2 sentences.
|
If
any Bonds, including refunding Bonds, are to be sold by |
negotiated
sale, the
Director of the
Governor's Office of |
Management and Budget
shall comply with the
competitive request |
|
for proposal process set forth in the Illinois
Procurement Code |
and all other applicable requirements of that Code.
|
If Bonds are to be sold pursuant to notice of sale and |
public bid, the
Director of the
Governor's Office of Management |
and Budget may, from time to time, as Bonds are to be sold, |
advertise
the sale of the Bonds in at least 2 daily newspapers, |
one of which is
published in the City of Springfield and one in |
the City of Chicago. The sale
of the Bonds shall also be
|
advertised in the volume of the Illinois Procurement Bulletin |
that is
published by the Department of Central Management |
Services, and shall be published once at least
10 days prior to |
the date fixed
for the opening of the bids. The Director of the
|
Governor's Office of Management and Budget may
reschedule the |
date of sale upon the giving of such additional notice as the
|
Director deems adequate to inform prospective bidders of
such |
change; provided, however, that all other conditions of the |
sale shall
continue as originally advertised.
|
Executed Bonds shall, upon payment therefor, be delivered |
to the purchaser,
and the proceeds of Bonds shall be paid into |
the State Treasury as directed by
Section 12 of this Act.
|
All Income Tax Proceed Bonds shall comply with this |
Section. Notwithstanding anything to the contrary, however, |
for purposes of complying with this Section, Income Tax Proceed |
Bonds, regardless of the number of series or issuances sold |
thereunder, shall be
considered a single issue or series. |
Furthermore, for purposes of complying with the competitive |
|
bidding requirements of this Section, the words "at all times" |
shall not apply to any such sale of the Income Tax Proceed |
Bonds. The Director of the Governor's Office of Management and |
Budget shall determine the time and manner of any competitive |
sale of the Income Tax Proceed Bonds; however, that sale shall |
under no circumstances take place later than 60 days after the |
State closes the sale of 75% of the Income Tax Proceed Bonds by |
negotiated sale. |
All State Pension Obligation Acceleration Bonds shall |
comply with this Section. Notwithstanding anything to the |
contrary, however, for purposes of complying with this Section, |
State Pension Obligation Acceleration Bonds, regardless of the |
number of series or issuances sold thereunder, shall be
|
considered a single issue or series. Furthermore, for purposes |
of complying with the competitive bidding requirements of this |
Section, the words "at all times" shall not apply to any such |
sale of the State Pension Obligation Acceleration Bonds. The |
Director of the Governor's Office of Management and Budget |
shall determine the time and manner of any competitive sale of |
the State Pension Obligation Acceleration Bonds; however, that |
sale shall under no circumstances take place later than 60 days |
after the State closes the sale of 75% of the State Pension |
Obligation Acceleration Bonds by negotiated sale. |
(Source: P.A. 99-523, eff. 6-30-16; 100-23, Article 25, Section |
25-5, eff. 7-6-17; 100-23, Article 75, Section 75-10, eff. |
7-6-17; 100-587, Article 60, Section 60-5, eff. 6-4-18; |
|
100-587, Article 110, Section 110-15, eff. 6-4-18; 100-863, |
eff. 8-4-18; revised 10-10-18.)
|
(30 ILCS 330/12) (from Ch. 127, par. 662)
|
Sec. 12. Allocation of proceeds from sale of Bonds.
|
(a) Proceeds from the sale of Bonds, authorized by Section |
3 of this Act,
shall be deposited in the separate fund known as |
the Capital Development Fund.
|
(b) Proceeds from the sale of Bonds, authorized by |
paragraph (a) of Section
4 of this Act, shall be deposited in |
the separate fund known as the
Transportation Bond, Series A |
Fund.
|
(c) Proceeds from the sale of Bonds, authorized by |
paragraphs (b) and (c)
of Section 4 of this Act, shall be |
deposited in the separate fund known
as the Transportation |
Bond, Series B Fund.
|
(c-1) Proceeds from the sale of Bonds, authorized by |
paragraph (d) of Section 4 of this Act, shall be deposited into |
the Transportation Bond Series D Fund, which is hereby created. |
(c-2) Proceeds from the sale of Bonds, authorized by |
paragraph (e) of Section 4 of this Act, shall be deposited into |
the Multi-modal Transportation Bond Fund, which is hereby |
created. |
(d) Proceeds from the sale of Bonds, authorized by Section |
5 of this
Act, shall be deposited in the separate fund known as |
the School Construction
Fund.
|
|
(e) Proceeds from the sale of Bonds, authorized by Section |
6 of this Act,
shall be deposited in the separate fund known as |
the Anti-Pollution Fund.
|
(f) Proceeds from the sale of Bonds, authorized by Section |
7 of this Act,
shall be deposited in the separate fund known as |
the Coal Development Fund.
|
(f-2) Proceeds from the sale of Bonds, authorized by |
Section 7.2 of this
Act, shall be deposited as set forth in |
Section 7.2.
|
(f-5) Proceeds from the sale of Bonds, authorized by |
Section 7.5 of this
Act, shall be deposited as set forth in |
Section 7.5.
|
(f-7) Proceeds from the sale of Bonds, authorized by |
Section 7.6 of this Act, shall be deposited as set forth in |
Section 7.6. |
(f-8) Proceeds from the sale of Bonds, authorized by |
Section 7.7 of this Act, shall be deposited as set forth in |
Section 7.7. |
(g) Proceeds from the sale of Bonds, authorized by Section |
8 of this Act,
shall be deposited in
the Capital Development |
Fund.
|
(h) Subsequent to the issuance of any Bonds for the |
purposes described
in Sections 2 through 8 of this Act, the |
Governor and the Director of the
Governor's Office of |
Management and Budget may provide for the reallocation of |
unspent proceeds
of such Bonds to any other purposes authorized |
|
under said Sections of this
Act, subject to the limitations on |
aggregate principal amounts contained
therein. Upon any such |
reallocation, such unspent proceeds shall be
transferred to the |
appropriate funds as determined by reference to
paragraphs (a) |
through (g) of this Section.
|
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18.)
|
(30 ILCS 330/15) (from Ch. 127, par. 665)
|
Sec. 15. Computation of principal and interest; transfers.
|
(a) Upon each delivery of Bonds authorized to be issued |
under this Act,
the Comptroller shall compute and certify to |
the Treasurer the total amount
of principal of, interest on, |
and premium, if any, on Bonds issued that will
be payable in |
order to retire such Bonds, the amount of principal of,
|
interest on and premium, if any, on such Bonds that will be |
payable on each
payment date according to the tenor of such |
Bonds during the then current and
each succeeding fiscal year, |
and the amount of sinking fund payments needed to be deposited |
in connection with Qualified School Construction Bonds |
authorized by subsection (e) of Section 9.
With respect to the |
interest payable on variable rate bonds, such
certifications |
shall be calculated at the maximum rate of interest that
may be |
payable during the fiscal year, after taking into account any |
credits
permitted in the related indenture or other instrument |
against the amount
of such interest required to be appropriated |
for such period pursuant to
subsection (c) of Section 14 of |
|
this Act. With respect to the interest
payable, such |
certifications shall include the amounts certified by the
|
Director of the
Governor's Office of Management and Budget |
under subsection (b) of Section 9 of
this Act.
|
On or before the last day of each month the State Treasurer |
and Comptroller
shall transfer from (1) the Road Fund with |
respect to Bonds issued under paragraphs
paragraph (a) and (e) |
of Section 4 of this Act, or Bonds issued under authorization |
in Public Act 98-781, or Bonds issued for the purpose of
|
refunding such bonds, and from (2) the General
Revenue Fund, |
with respect to all other Bonds issued under this Act, to the
|
General Obligation Bond Retirement and Interest Fund an amount |
sufficient to
pay the aggregate of the principal of, interest |
on, and premium, if any, on
Bonds payable, by their terms on |
the next payment date divided by the number of
full calendar |
months between the date of such Bonds and the first such |
payment
date, and thereafter, divided by the number of months |
between each succeeding
payment date after the first. Such |
computations and transfers shall be
made for each series of |
Bonds issued and delivered. Interest payable on
variable rate |
bonds shall be calculated at the maximum rate of interest that
|
may be payable for the relevant period, after taking into |
account any credits
permitted in the related indenture or other |
instrument against the amount of
such interest required to be |
appropriated for such period pursuant to
subsection (c) of |
Section 14 of this Act. Computations of interest shall
include |
|
the amounts certified by the Director of the
Governor's Office |
of Management and Budget
under subsection (b) of Section 9 of |
this Act. Interest for which moneys
have already been deposited |
into the capitalized interest account within the
General |
Obligation Bond Retirement and Interest Fund shall not be |
included
in the calculation of the amounts to be transferred |
under this subsection. Notwithstanding any other provision in |
this Section, the transfer provisions provided in this |
paragraph shall not apply to transfers made in fiscal year 2010 |
or fiscal year 2011 with respect to Bonds issued in fiscal year |
2010 or fiscal year 2011 pursuant to Section 7.2 of this Act. |
In the case of transfers made in fiscal year 2010 or fiscal |
year 2011 with respect to the Bonds issued in fiscal year 2010 |
or fiscal year 2011 pursuant to Section 7.2 of this Act, on or |
before the 15th day of the month prior to the required debt |
service payment, the State Treasurer and Comptroller shall |
transfer from the General Revenue Fund to the General |
Obligation Bond Retirement and Interest Fund an amount |
sufficient to pay the aggregate of the principal of, interest |
on, and premium, if any, on the Bonds payable in that next |
month.
|
The transfer of monies herein and above directed is not |
required if monies
in the General Obligation Bond Retirement |
and Interest Fund are more than
the amount otherwise to be |
transferred as herein above provided, and if the
Governor or |
his authorized representative notifies the State Treasurer and
|
|
Comptroller of such fact in writing.
|
(b) After the effective date of this Act, the balance of, |
and monies
directed to be included in the Capital Development |
Bond Retirement and
Interest Fund, Anti-Pollution Bond |
Retirement and Interest Fund,
Transportation Bond, Series A |
Retirement and Interest Fund, Transportation
Bond, Series B |
Retirement and Interest Fund, and Coal Development Bond
|
Retirement and Interest Fund shall be transferred to and |
deposited in the
General Obligation Bond Retirement and |
Interest Fund. This Fund shall be
used to make debt service |
payments on the State's general obligation Bonds
heretofore |
issued which are now outstanding and payable from the Funds |
herein
listed as well as on Bonds issued under this Act.
|
(c) The unused portion of federal funds received for or as |
reimbursement for a capital
facilities project, as authorized |
by Section 3 of this Act, for which
monies from the Capital |
Development Fund have been expended shall remain in the Capital |
Development Board Contributory Trust Fund and shall be used for |
capital projects and for no other purpose, subject to |
appropriation and as directed by the Capital Development Board. |
Any federal funds received as reimbursement
for the completed |
construction of a capital facilities project, as
authorized by |
Section 3 of this Act, for which monies from the Capital
|
Development Fund have been expended may be used for any expense |
or project necessary for implementation of the Quincy Veterans' |
Home Rehabilitation and Rebuilding Act for a period of 5 years |
|
from the effective date of this amendatory Act of the 100th |
General Assembly, and any remaining funds shall be deposited in |
the General
Obligation Bond Retirement and Interest Fund.
|
(Source: P.A. 100-23, eff. 7-6-17; 100-610, eff. 7-17-18.)
|
(30 ILCS 330/19) (from Ch. 127, par. 669)
|
Sec. 19.
Investment of Money Not Needed for Current
|
Expenditures - Application of Earnings.
(a) The State Treasurer |
may, with the Governor's approval, invest and
reinvest any |
money from the Capital Development Fund, the Transportation
|
Bond, Series A Fund, the Transportation Bond, Series B Fund, |
the Multi-modal Transportation Bond Fund, the School
|
Construction Fund, the Anti-Pollution Fund, the Coal |
Development Fund and
the General Obligation Bond Retirement and |
Interest Fund, in the State
Treasury, which is not needed for |
current expenditures due or about to
become due from these |
funds.
|
(b) Monies received from the sale or redemption of |
investments from the
Transportation Bond, Series A Fund and the |
Multi-modal Transportation Bond Fund shall be deposited by the |
State
Treasurer in the Road Fund.
|
Monies received from the sale or redemption of investments |
from the
Capital Development Fund, the Transportation Bond, |
Series B Fund, the School
Construction Fund, the Anti-Pollution |
Fund, and the Coal Development Fund
shall be deposited by the |
State Treasurer in the General Revenue Fund.
|
|
Monies from the sale or redemption of investments from the |
General
Obligation Bond Retirement and Interest Fund shall be |
deposited in the
General Obligation Bond Retirement and |
Interest Fund.
|
(c) Monies from the Capital Development Fund, the |
Transportation Bond,
Series A Fund, the Transportation Bond, |
Series B Fund, the Multi-modal Transportation Bond Fund, the |
School
Construction Fund, the Anti-Pollution Fund, and the Coal |
Development Fund
may be invested as permitted in "AN ACT in |
relation to State moneys",
approved June 28, 1919, as amended |
and in "AN ACT relating to certain
investments of public funds |
by public agencies", approved July 23, 1943, as
amended. Monies |
from the General Obligation Bond Retirement and Interest
Fund |
may be invested in securities constituting direct obligations |
of the
United States Government, or obligations, the principal |
of and interest on which
are guaranteed by the United States |
Government, or certificates of deposit
of any state or national |
bank or savings and loan association.
For amounts not insured |
by the Federal Deposit Insurance Corporation or
the Federal |
Savings and Loan Insurance Corporation, as security the State
|
Treasurer shall accept securities constituting direct |
obligations of the
United States Government, or obligations, |
the principal of and interest on
which are guaranteed by the |
United States Government.
|
(d) Accrued interest paid to the State at the time of the |
delivery of
the Bonds shall be deposited into the General |
|
Obligation Bond Retirement and Interest
Fund in the State |
Treasury.
|
(Source: P.A. 84-1248; 84-1474.)
|
Section 15. The Build Illinois Bond Act is amended by |
changing Sections 2, 4, 6, and 8 as follows:
|
(30 ILCS 425/2) (from Ch. 127, par. 2802)
|
Sec. 2. Authorization for Bonds. The State of Illinois is
|
authorized to issue, sell and provide for the retirement of |
limited
obligation bonds, notes and other evidences of |
indebtedness of the State of
Illinois in the total principal |
amount of $9,484,681,100 $6,246,009,000
herein called "Bonds". |
Such authorized amount of Bonds shall
be reduced from time to |
time by amounts, if any, which are equal to the
moneys received |
by the Department of Revenue in any fiscal year pursuant to
|
Section 3-1001 of the "Illinois Vehicle Code", as amended, in |
excess of the
Annual Specified Amount (as defined in Section 3 |
of the "Retailers'
Occupation Tax Act", as amended) and |
transferred at the end of such fiscal
year from the General |
Revenue Fund to the Build Illinois Purposes Fund (now |
abolished) as
provided in Section 3-1001 of said Code; |
provided, however, that no such
reduction shall affect the |
validity or enforceability of any Bonds issued
prior to such |
reduction. Such amount of authorized Bonds
shall be exclusive |
of any refunding Bonds issued pursuant to Section 15 of
this |
|
Act and exclusive of any Bonds issued pursuant to this Section |
which
are redeemed, purchased, advance refunded, or defeased in |
accordance with
paragraph (f) of Section 4 of this Act. Bonds |
shall be issued for the
categories and specific purposes |
expressed in Section 4 of this Act.
|
(Source: P.A. 98-94, eff. 7-17-13.)
|
(30 ILCS 425/4) (from Ch. 127, par. 2804)
|
Sec. 4. Purposes of Bonds. Bonds shall be issued for the |
following
purposes and in the approximate amounts as set forth |
below:
|
(a) $4,372,761,200 $3,222,800,000 for the expenses of |
issuance and
sale of Bonds, including bond discounts, and for |
planning, engineering,
acquisition, construction, |
reconstruction, development, improvement and
extension of the |
public infrastructure in the State of Illinois, including: the
|
making of loans or grants to local governments for waste |
disposal systems,
water and sewer line extensions and water |
distribution and purification
facilities, rail or air or water |
port improvements, gas and electric utility
extensions, |
publicly owned industrial and commercial sites, buildings
used |
for public administration purposes and other public |
infrastructure capital
improvements; the making of loans or |
grants to units of local government
for financing and |
construction of wastewater facilities, including grants to |
serve unincorporated areas; refinancing or
retiring bonds |
|
issued between January 1, 1987 and January 1,
1990 by home rule |
municipalities, debt service on which is provided from a
tax |
imposed by home rule municipalities prior to January 1, 1990 on |
the
sale of food and drugs pursuant to Section 8-11-1 of the |
Home Rule
Municipal Retailers' Occupation Tax Act or Section |
8-11-5 of the Home
Rule Municipal Service Occupation Tax Act; |
the making of deposits not
to exceed $70,000,000 in the |
aggregate into
the Water Pollution Control Revolving Fund to |
provide assistance in
accordance with the provisions of Title |
IV-A of the Environmental
Protection Act; the planning, |
engineering, acquisition,
construction, reconstruction, |
alteration, expansion, extension and
improvement of highways, |
bridges, structures separating highways and
railroads, rest |
areas, interchanges, access
roads to and from any State or |
local highway and other transportation
improvement projects |
which are related to
economic development activities; the |
making of loans or grants for
planning, engineering, |
rehabilitation, improvement or construction of rail
and |
transit facilities; the planning, engineering, acquisition,
|
construction, reconstruction and improvement of watershed, |
drainage, flood
control, recreation and related improvements |
and facilities, including
expenses related to land and easement |
acquisition, relocation, control
structures, channel work and |
clearing and appurtenant work; the planning, engineering, |
acquisition, construction, reconstruction and improvement of |
State facilities and related infrastructure;
the making of Park |
|
and Recreational Facilities Construction (PARC) grants;
the |
making of grants to units of local government for community |
development capital projects; the making of
grants for |
improvement and development of zoos and park district field
|
houses and related structures; and the making of grants for |
improvement and
development of Navy Pier and related |
structures.
|
(b) $2,122,970,300 $849,000,000 for fostering economic |
development and
increased employment and fostering the well |
being of the citizens of Illinois through community |
development , including:
the making of grants for improvement |
and development of McCormick Place and
related structures; the
|
planning and construction of a microelectronics research |
center, including
the planning, engineering, construction, |
improvement, renovation and
acquisition of buildings, |
equipment and related utility support systems;
the making of |
loans to businesses and investments in small businesses;
|
acquiring real properties for industrial or commercial site |
development;
acquiring, rehabilitating and reconveying |
industrial and commercial
properties for the purpose of |
expanding employment and encouraging private
and other public |
sector investment in the economy of Illinois; the payment
of |
expenses associated with siting the Superconducting Super |
Collider Particle
Accelerator in Illinois and with its |
acquisition, construction,
maintenance, operation, promotion |
and support; the making of loans for the
planning, engineering, |
|
acquisition, construction, improvement and
conversion of |
facilities and equipment which will foster the use of
Illinois |
coal; the payment of expenses associated with the
promotion, |
establishment, acquisition and operation of small business
|
incubator facilities and agribusiness research facilities, |
including the lease,
purchase, renovation, planning, |
engineering, construction and maintenance of
buildings, |
utility support systems and equipment designated for such
|
purposes and the establishment and maintenance of centralized |
support
services within such facilities; the making of grants |
for transportation electrification infrastructure projects |
that promote use of clean and renewable energy;
the making of |
capital expenditures and grants for broadband development and |
for a statewide broadband deployment grant program;
the making |
of grants to public entities and private persons and entities |
for community development capital projects;
the making of |
grants to public entities and private persons and entities for |
capital projects in the context of grant programs focused on |
assisting economically depressed areas, expanding affordable |
housing, supporting the provision of human services, |
supporting emerging technology enterprises, and supporting |
minority owned businesses; and the making of grants or loans to
|
units of local government for Urban Development Action Grant |
and Housing
Partnership programs.
|
(c) $2,711,076,600 $1,944,058,100 for the development and
|
improvement of educational,
scientific, technical and |
|
vocational programs and facilities and the
expansion of health |
and human services for all citizens of Illinois,
including: the |
making of grants to school districts and not-for-profit |
organizations for early childhood construction projects |
pursuant to Section 5-300 of the School Construction Law;
the |
making of grants to educational institutions for educational, |
scientific, technical and vocational program equipment and |
facilities; the making of grants to museums for equipment and |
facilities; the making of construction and improvement grants |
and loans
to public libraries
and library systems; the making |
of grants and loans for planning,
engineering, acquisition and |
construction
of a new State central library in Springfield; the |
planning, engineering,
acquisition and construction of an |
animal and dairy sciences facility; the
planning, engineering, |
acquisition and construction of a campus and all
related |
buildings, facilities, equipment and materials for Richland
|
Community College; the acquisition, rehabilitation and |
installation of
equipment and materials for scientific and |
historical surveys; the making of
grants or loans for |
distribution to eligible vocational education instructional
|
programs for the upgrading of vocational education programs, |
school shops
and laboratories, including the acquisition, |
rehabilitation and
installation of technical equipment and |
materials; the making of grants or
loans for distribution to |
eligible local educational agencies for the
upgrading of math |
and science instructional programs, including the
acquisition |
|
of instructional equipment and materials; miscellaneous |
capital
improvements for universities and community colleges |
including the
planning, engineering,
construction, |
reconstruction, remodeling, improvement, repair and
|
installation of capital facilities and costs of planning, |
supplies,
equipment, materials, services, and all other |
required expenses; the
making of grants or loans for repair, |
renovation and miscellaneous capital
improvements for |
privately operated colleges and universities and community
|
colleges, including the planning, engineering, acquisition, |
construction,
reconstruction, remodeling,
improvement, repair |
and installation of capital facilities and costs of
planning, |
supplies, equipment, materials, services, and all other |
required
expenses; and the making of grants or loans for |
distribution to local
governments for hospital and other health |
care facilities including the
planning, engineering, |
acquisition, construction, reconstruction,
remodeling, |
improvement, repair and installation of capital facilities and
|
costs of planning, supplies, equipment, materials, services |
and all other
required expenses.
|
(d) $277,873,000 $230,150,900 for protection, |
preservation,
restoration and conservation of environmental |
and natural resources,
including: the making of grants to soil |
and water conservation districts
for the planning and |
implementation of conservation practices and for
funding |
contracts with the Soil Conservation Service for watershed
|
|
planning; the making of grants to units of local government for |
the
capital development and improvement of recreation areas, |
including
planning and engineering costs, sewer projects, |
including planning and
engineering costs and water projects, |
including planning
and engineering costs, and for the |
acquisition of open space lands,
including the acquisition of |
easements and other property interests of less
than fee simple |
ownership; the making of grants to units of local government |
through the Illinois Green Infrastructure Grant Program to |
protect water quality and mitigate flooding; the acquisition |
and related costs and development
and management of natural |
heritage lands, including natural areas and areas
providing |
habitat for
endangered species and nongame wildlife, and buffer |
area lands; the
acquisition and related costs and development |
and management of
habitat lands, including forest, wildlife |
habitat and wetlands;
and the removal and disposition of |
hazardous substances, including the cost of
project |
management, equipment, laboratory analysis, and contractual |
services
necessary for preventative and corrective actions |
related to the preservation,
restoration and conservation of |
the environment, including deposits not to
exceed $60,000,000 |
in the aggregate into the Hazardous Waste Fund and the
|
Brownfields Redevelopment Fund for improvements in accordance |
with the
provisions of Titles V and XVII of the Environmental |
Protection Act.
|
(e) The amount specified in paragraph (a) above
shall |
|
include an amount necessary to pay reasonable expenses of each
|
issuance and sale of the Bonds, as specified in the related |
Bond Sale Order
(hereinafter defined).
|
(f) Any unexpended proceeds from any sale of
Bonds which |
are held in the Build Illinois Bond Fund may be used to redeem,
|
purchase, advance refund, or defease any Bonds outstanding.
|
(Source: P.A. 98-94, eff. 7-17-13.)
|
(30 ILCS 425/6) (from Ch. 127, par. 2806)
|
Sec. 6. Conditions for issuance and sale of Bonds - |
requirements for
Bonds - master and supplemental indentures - |
credit and liquidity
enhancement. |
(a) Bonds shall be issued and sold from time to time, in |
one
or more series, in such amounts and at such prices as |
directed by the
Governor, upon recommendation by the Director |
of the
Governor's Office of Management and Budget.
Bonds shall |
be payable only from the specific sources and secured in the
|
manner provided in this Act. Bonds shall be in such form, in |
such
denominations, mature on such dates within 25 years from |
their date of
issuance, be subject to optional or mandatory |
redemption, bear interest
payable at such times and at such |
rate or rates, fixed or variable, and be
dated as shall be |
fixed and determined by the Director of the
Governor's Office |
of Management and Budget
in an order authorizing the
issuance |
and sale of any series of
Bonds, which order shall be approved |
by the Governor and is herein called a
"Bond Sale Order"; |
|
provided, however, that interest payable at fixed rates
shall |
not exceed that permitted in "An Act to authorize public |
corporations
to issue bonds, other evidences of indebtedness |
and tax anticipation
warrants subject to interest rate |
limitations set forth therein", approved
May 26, 1970, as now |
or hereafter amended, and interest payable at variable
rates |
shall not exceed the maximum rate permitted in the Bond Sale |
Order.
Said Bonds shall be payable at such place or places, |
within or without the
State of Illinois,
and may be made |
registrable
as to either principal only or as to both principal |
and interest, as shall
be specified in the Bond Sale
Order. |
Bonds may be callable or subject to purchase and retirement or
|
remarketing as fixed and determined in the Bond Sale Order. |
Bonds (i) except for refunding Bonds satisfying the |
requirements of Section 15 of this Act and sold during fiscal |
year 2009, 2010, 2011, 2017, 2018, or 2019, must be issued with |
principal or mandatory redemption amounts in equal amounts, |
with the first maturity issued occurring within the fiscal year |
in which the Bonds are issued or within the next succeeding |
fiscal year and (ii) must mature or be subject to mandatory |
redemption each fiscal year thereafter up to 25 years, except |
for refunding Bonds satisfying the requirements of Section 15 |
of this Act and sold during fiscal year 2009, 2010, or 2011 |
which must mature or be subject to mandatory redemption each |
fiscal year thereafter up to 16 years.
|
All Bonds authorized under this Act shall be issued |
|
pursuant
to a master trust indenture ("Master Indenture") |
executed and delivered on
behalf of the State by the Director |
of the
Governor's Office of Management and Budget, such
Master |
Indenture to be in substantially the form approved in the Bond |
Sale
Order authorizing the issuance and sale of the initial |
series of Bonds
issued under this Act. Such initial series of |
Bonds may, and each
subsequent series of Bonds shall, also be |
issued pursuant to a supplemental
trust indenture |
("Supplemental Indenture") executed and delivered on behalf
of |
the State by the Director of the
Governor's Office of |
Management and Budget, each such
Supplemental
Indenture to be |
in substantially the form approved in the Bond Sale Order
|
relating to such series. The Master Indenture and any |
Supplemental
Indenture shall be entered into with a bank or |
trust company in the State
of Illinois having trust powers and |
possessing capital and surplus of not
less than $100,000,000. |
Such indentures shall set forth the terms and
conditions of the |
Bonds and provide for payment of and security for the
Bonds, |
including the establishment and maintenance of debt service and
|
reserve funds, and for other protections for holders of the |
Bonds.
The term "reserve funds" as used in this Act shall |
include funds and
accounts established under indentures to |
provide for the payment of
principal of and premium and |
interest on Bonds, to provide for the purchase,
retirement or |
defeasance of Bonds, to provide for fees of
trustees, |
registrars, paying agents and other fiduciaries and to provide
|
|
for payment of costs of and debt service payable in respect of |
credit or
liquidity enhancement arrangements, interest rate |
swaps or guarantees or
financial futures contracts and
indexing |
and remarketing agents' services.
|
In the case of any series of Bonds bearing interest at a |
variable
interest rate ("Variable Rate Bonds"), in lieu of |
determining the rate or
rates at which such series of Variable |
Rate Bonds shall bear interest and
the price or prices
at which |
such Variable Rate Bonds shall be initially sold or remarketed |
(in
the event of purchase and subsequent resale), the Bond
Sale |
Order may provide that such interest rates and prices may vary |
from time to time
depending on criteria established in such |
Bond Sale Order, which criteria
may include, without |
limitation, references to indices or variations in
interest |
rates as may, in the judgment of a remarketing agent, be
|
necessary to cause Bonds of such series to be remarketable from |
time to
time at a price equal to their principal amount (or |
compound accreted
value in the case of original issue discount |
Bonds), and may provide for
appointment of indexing agents and |
a bank, trust company,
investment bank or other financial |
institution to serve as remarketing
agent in that connection. |
The Bond Sale Order may provide that alternative
interest rates |
or provisions for establishing alternative interest rates,
|
different security or claim priorities or different call or |
amortization provisions
will apply during such times as Bonds |
of any series are held by a person
providing credit or |
|
liquidity enhancement arrangements for such Bonds as
|
authorized in subsection (b) of Section 6 of this Act.
|
(b) In connection with the issuance of any series of Bonds, |
the State
may enter into arrangements to provide additional |
security and liquidity
for such Bonds, including, without |
limitation, bond or interest rate
insurance or letters of |
credit, lines of credit, bond purchase contracts or
other |
arrangements whereby funds are made
available to retire or |
purchase Bonds, thereby assuring the ability of
owners of the |
Bonds to sell or redeem their Bonds.
The State may enter into |
contracts and may agree to pay fees to persons
providing such |
arrangements, but only under circumstances where the
Director |
of the Bureau of the Budget
(now Governor's Office of |
Management and Budget)
certifies that he reasonably expects
the |
total interest paid or to be paid on the Bonds, together with |
the fees
for the arrangements (being treated as if interest), |
would not, taken
together, cause the Bonds to bear interest, |
calculated to their stated
maturity, at a rate in excess of the |
rate which the Bonds would bear in the
absence of such |
arrangements. Any bonds, notes or other evidences of
|
indebtedness issued pursuant to any such arrangements for the |
purpose of
retiring and discharging outstanding Bonds
shall |
constitute refunding Bonds
under Section 15 of this Act. The |
State may participate in and enter
into arrangements with |
respect to interest rate swaps or guarantees or
financial |
futures contracts for the
purpose of limiting or restricting |
|
interest rate risk; provided
that such arrangements shall be |
made with or executed through banks
having capital and surplus |
of not less than $100,000,000 or insurance
companies holding |
the
highest policyholder rating accorded insurers by A.M. Best & |
Co. or any
comparable rating service or government bond |
dealers reporting to, trading
with, and recognized as primary |
dealers by a Federal Reserve Bank and
having capital and |
surplus of not less than $100,000,000,
or other persons whose
|
debt securities are rated in the highest long-term categories |
by both
Moody's Investors' Services, Inc. and Standard & Poor's |
Corporation.
Agreements incorporating any of the foregoing |
arrangements may be executed
and delivered by the Director of |
the
Governor's Office of Management and Budget on behalf of the
|
State in substantially the form approved in the Bond Sale Order |
relating to
such Bonds.
|
(c) "Build America Bonds" in this Section means Bonds |
authorized by Section 54AA of the Internal Revenue Code of |
1986, as amended ("Internal Revenue Code"), and bonds issued |
from time to time to refund or continue to refund "Build |
America Bonds". |
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; |
100-587, eff. 6-4-18.)
|
(30 ILCS 425/8) (from Ch. 127, par. 2808)
|
Sec. 8. Sale of Bonds. Bonds, except as otherwise provided |
in this Section, shall be sold from time to time pursuant to
|
|
notice of sale and public bid or by negotiated sale in such |
amounts and at such
times as are directed by the Governor, upon |
recommendation by the Director of
the Governor's Office of |
Management and Budget. At least 25%, based on total principal |
amount, of all Bonds issued each fiscal year shall be sold |
pursuant to notice of sale and public bid. At all times during |
each fiscal year, no more than 75%, based on total principal |
amount, of the Bonds issued each fiscal year shall have been |
sold by negotiated sale. Failure to satisfy the requirements in |
the preceding 2 sentences shall not affect the validity of any |
previously issued Bonds; and further provided that refunding |
Bonds satisfying the requirements of Section 15 of this Act and |
sold during fiscal year 2009, 2010, 2011, 2017, 2018, or 2019 |
shall not be subject to the requirements in the preceding 2 |
sentences. |
If any Bonds are to be sold pursuant to notice of sale and |
public bid, the Director of the
Governor's Office of Management |
and Budget shall comply with the
competitive request for |
proposal process set forth in the Illinois
Procurement Code and |
all other applicable requirements of that Code. |
If Bonds are to be sold pursuant to notice of sale and |
public bid, the
Director of the
Governor's Office of Management |
and Budget may, from time to time, as Bonds are to be sold, |
advertise
the sale of the Bonds in at least 2 daily newspapers, |
one of which is
published in the City of Springfield and one in |
the City of Chicago. The sale
of the Bonds shall also be
|
|
advertised in the volume of the Illinois Procurement Bulletin |
that is
published by the Department of Central Management |
Services, and shall be published once at least 10 days prior to |
the date fixed
for the opening of the bids. The Director of the
|
Governor's Office of Management and Budget may
reschedule the |
date of sale upon the giving of such additional notice as the
|
Director deems adequate to inform prospective bidders of
the |
change; provided, however, that all other conditions of the |
sale shall
continue as originally advertised.
Executed Bonds |
shall, upon payment
therefor, be delivered to the purchaser, |
and the proceeds of Bonds shall be
paid into the State Treasury |
as
directed by Section 9 of this Act.
The
Governor or the |
Director of the
Governor's Office of Management and Budget is |
hereby authorized
and directed to execute and
deliver contracts |
of sale with underwriters and to execute and deliver such
|
certificates, indentures, agreements and documents, including |
any
supplements or amendments thereto, and to take such actions |
and do such
things as shall be necessary or desirable to carry |
out the purposes of this
Act.
Any action authorized or |
permitted to be taken by the Director of the
Governor's Office |
of Management and Budget
pursuant to this Act is hereby |
authorized to be taken
by any person specifically designated by |
the Governor to take such action
in a certificate signed by the |
Governor and filed with the Secretary of State.
|
(Source: P.A. 99-523, eff. 6-30-16; 100-23, eff. 7-6-17; |
100-587, eff. 6-4-18.)
|
|
Section 20. The Regional Transportation Authority Act is |
amended by changing Section 2.32 as follows: |
(70 ILCS 3615/2.32)
|
Sec. 2.32. Clean/green vehicles. Any vehicles purchased |
from funds made available to the Authority from the |
Transportation Bond, Series B Fund or the Multi-modal |
Transportation Bond Fund must incorporate clean/green |
technologies and alternative fuel technologies, to the extent |
practical.
|
(Source: P.A. 96-8, eff. 4-28-09.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law.
|