Bill Amendment: IL SB0004 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GO RESTRUCTURING BONDS
Status: 2019-01-09 - Session Sine Die [SB0004 Detail]
Download: Illinois-2017-SB0004-Senate_Amendment_001.html
Bill Title: GO RESTRUCTURING BONDS
Status: 2019-01-09 - Session Sine Die [SB0004 Detail]
Download: Illinois-2017-SB0004-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 4
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 4 immediately below | ||||||
| 3 | the enacting clause, by inserting the following:
| ||||||
| 4 | "Section 3. The Illinois Finance Authority Act is amended | ||||||
| 5 | by changing Section 801-40 as follows:
| ||||||
| 6 | (20 ILCS 3501/801-40)
| ||||||
| 7 | Sec. 801-40. In addition to the powers otherwise authorized | ||||||
| 8 | by law and in
addition to the foregoing general corporate | ||||||
| 9 | powers, the Authority shall also
have the following additional | ||||||
| 10 | specific powers to be exercised in furtherance of
the purposes | ||||||
| 11 | of this Act.
| ||||||
| 12 | (a) The Authority shall have power (i) to accept grants, | ||||||
| 13 | loans or
appropriations from the federal government or the | ||||||
| 14 | State, or any agency or
instrumentality thereof, to be used for | ||||||
| 15 | the operating expenses of the
Authority,
or for any purposes of | ||||||
| 16 | the Authority, including the making of direct loans of
such | ||||||
| |||||||
| |||||||
| 1 | funds with respect to projects, and (ii) to enter into any | ||||||
| 2 | agreement with
the federal government or the State, or any | ||||||
| 3 | agency or instrumentality thereof,
in relationship to such | ||||||
| 4 | grants, loans or appropriations.
| ||||||
| 5 | (b) The Authority shall have power to procure and enter | ||||||
| 6 | into contracts for
any
type of insurance and indemnity | ||||||
| 7 | agreements covering loss or damage to property
from any cause, | ||||||
| 8 | including loss of use and occupancy, or covering any other
| ||||||
| 9 | insurable risk.
| ||||||
| 10 | (c) The Authority shall have the continuing power to issue | ||||||
| 11 | bonds for its
corporate purposes. Bonds may be issued by the | ||||||
| 12 | Authority in one or more series
and may provide for the payment | ||||||
| 13 | of any interest deemed necessary on such bonds,
of the costs of | ||||||
| 14 | issuance of such bonds, of any premium on any insurance, or of
| ||||||
| 15 | the cost of any guarantees, letters of credit or other similar | ||||||
| 16 | documents, may
provide for the funding of the reserves deemed | ||||||
| 17 | necessary in connection with
such bonds, and may provide for | ||||||
| 18 | the refunding or advance refunding of any bonds
or
for accounts | ||||||
| 19 | deemed necessary in connection with any purpose of the | ||||||
| 20 | Authority.
The bonds may bear interest payable at any time or | ||||||
| 21 | times and at any rate or
rates, notwithstanding any other | ||||||
| 22 | provision of law to the contrary, and such
rate or rates may be | ||||||
| 23 | established by an index or formula which may be
implemented or
| ||||||
| 24 | established by persons appointed or retained therefor by the | ||||||
| 25 | Authority, or may
bear no interest or may bear interest payable | ||||||
| 26 | at maturity or upon redemption
prior to maturity, may bear such | ||||||
| |||||||
| |||||||
| 1 | date or dates, may be payable at such time or
times and at such | ||||||
| 2 | place or places, may mature at any time or times not later
than | ||||||
| 3 | 40 years from the date of issuance, may be sold at public or | ||||||
| 4 | private sale
at such time or times and at such price or prices, | ||||||
| 5 | may be secured by such
pledges, reserves, guarantees, letters | ||||||
| 6 | of credit, insurance contracts or other
similar credit support | ||||||
| 7 | or liquidity instruments, may be executed in such
manner, may | ||||||
| 8 | be subject to redemption prior to maturity, may provide for the
| ||||||
| 9 | registration of the bonds, and may be subject to such other | ||||||
| 10 | terms and
conditions all as may
be provided by the resolution | ||||||
| 11 | or indenture authorizing the issuance of such
bonds. The holder | ||||||
| 12 | or holders of any bonds issued by the Authority may bring
suits | ||||||
| 13 | at law or proceedings in equity to compel the performance and | ||||||
| 14 | observance
by any person or by the Authority or any of its | ||||||
| 15 | agents or employees of any
contract or covenant made with the | ||||||
| 16 | holders of such bonds and to compel such
person or the | ||||||
| 17 | Authority and any of its agents or employees to perform any
| ||||||
| 18 | duties
required to be performed for the benefit of the holders | ||||||
| 19 | of any such bonds by
the provision of the resolution | ||||||
| 20 | authorizing their issuance, and to enjoin such
person or the | ||||||
| 21 | Authority and any of its agents or employees from taking any
| ||||||
| 22 | action in conflict with any such contract or covenant.
| ||||||
| 23 | Notwithstanding the form and tenor of any such bonds and in the | ||||||
| 24 | absence of any
express recital on the face thereof that it is | ||||||
| 25 | non-negotiable, all such bonds
shall be negotiable | ||||||
| 26 | instruments. Pending the preparation and execution of any
such | ||||||
| |||||||
| |||||||
| 1 | bonds, temporary bonds may be issued as provided by the | ||||||
| 2 | resolution.
The bonds shall be sold by the Authority in such | ||||||
| 3 | manner as it shall determine.
The bonds may be secured as | ||||||
| 4 | provided in the authorizing resolution by the
receipts, | ||||||
| 5 | revenues, income and other available funds of the Authority and | ||||||
| 6 | by
any amounts derived by the Authority from the loan agreement | ||||||
| 7 | or lease agreement
with respect to the project or projects; and | ||||||
| 8 | bonds may be issued as general
obligations of the Authority | ||||||
| 9 | payable from such revenues, funds and obligations
of the | ||||||
| 10 | Authority as the bond resolution shall provide, or may be | ||||||
| 11 | issued as
limited obligations with a claim for payment solely | ||||||
| 12 | from such revenues, funds
and obligations as the bond | ||||||
| 13 | resolution shall provide. The Authority may grant a
specific | ||||||
| 14 | pledge or assignment of and lien on or security interest in | ||||||
| 15 | such
rights, revenues, income, or amounts and may grant a | ||||||
| 16 | specific pledge or
assignment of and lien on or security | ||||||
| 17 | interest in any reserves, funds or
accounts established in the | ||||||
| 18 | resolution authorizing the issuance of bonds. Any
such pledge, | ||||||
| 19 | assignment, lien or security interest for the benefit of the
| ||||||
| 20 | holders of the Authority's bonds shall be valid and binding | ||||||
| 21 | from the time the
bonds are issued without any physical | ||||||
| 22 | delivery or further act, and shall be
valid and binding as | ||||||
| 23 | against and prior to the claims of all other parties
having | ||||||
| 24 | claims against the Authority or any other person irrespective | ||||||
| 25 | of whether
the
other parties have notice of the pledge, | ||||||
| 26 | assignment, lien or security interest.
As evidence of such | ||||||
| |||||||
| |||||||
| 1 | pledge, assignment, lien and security interest, the
Authority | ||||||
| 2 | may execute and deliver a mortgage, trust agreement, indenture | ||||||
| 3 | or
security agreement or an assignment thereof.
A remedy for | ||||||
| 4 | any breach or default of the terms of any such agreement by the
| ||||||
| 5 | Authority may be by mandamus proceedings in any court of | ||||||
| 6 | competent jurisdiction
to compel the performance and | ||||||
| 7 | compliance therewith, but the agreement may
prescribe by whom | ||||||
| 8 | or on whose behalf such action may be instituted.
It is | ||||||
| 9 | expressly understood that the Authority may, but need not, | ||||||
| 10 | acquire title
to any project with respect to which it exercises | ||||||
| 11 | its authority.
| ||||||
| 12 | (c-5) Subject to the limitations set forth in this | ||||||
| 13 | subsection (c-5), the Authority shall have the power to issue | ||||||
| 14 | State Pension Obligation Acceleration Bonds if in any fiscal | ||||||
| 15 | year the amount appropriated for all accelerated pension | ||||||
| 16 | benefit payments is less than the amount required for those | ||||||
| 17 | payments. The proceeds from the State Pension Obligation | ||||||
| 18 | Acceleration Bonds issued under this subsection may be used | ||||||
| 19 | only to pay for accelerated pension benefit payments for the | ||||||
| 20 | fiscal year in which the State Pension Obligation Acceleration | ||||||
| 21 | Bonds are issued. | ||||||
| 22 | The Authority may not issue more than $250,000,000 in State | ||||||
| 23 | Pension Obligation Acceleration Bonds pursuant to the | ||||||
| 24 | authority granted in this subsection (c-5), excluding bonds | ||||||
| 25 | issued to refund outstanding State Pension Obligation | ||||||
| 26 | Acceleration Bonds. | ||||||
| |||||||
| |||||||
| 1 | (d) With respect to the powers granted by this Act, the | ||||||
| 2 | Authority may adopt
rules and regulations prescribing the | ||||||
| 3 | procedures by which persons may apply for
assistance under this | ||||||
| 4 | Act. Nothing herein shall be deemed to preclude the
Authority, | ||||||
| 5 | prior to the filing of any formal application, from conducting
| ||||||
| 6 | preliminary discussions and investigations with respect to the | ||||||
| 7 | subject matter
of any prospective application.
| ||||||
| 8 | (e) The Authority shall have power to acquire by purchase, | ||||||
| 9 | lease, gift or
otherwise any property or rights therein from | ||||||
| 10 | any person useful for its
purposes, whether improved for the | ||||||
| 11 | purposes of any prospective project, or
unimproved. The | ||||||
| 12 | Authority may also accept any donation of funds for its
| ||||||
| 13 | purposes from any such source. The Authority shall have no | ||||||
| 14 | independent power of
condemnation but may acquire any property | ||||||
| 15 | or rights therein obtained upon
condemnation by any other | ||||||
| 16 | authority, governmental entity or unit of local
government with | ||||||
| 17 | such power.
| ||||||
| 18 | (f) The Authority shall have power to develop, construct | ||||||
| 19 | and improve either
under its own direction, or through | ||||||
| 20 | collaboration with any approved applicant,
or to acquire | ||||||
| 21 | through purchase or otherwise, any project, using for such
| ||||||
| 22 | purpose the proceeds derived from the sale of its bonds or from | ||||||
| 23 | governmental
loans or
grants, and to hold title in the name of | ||||||
| 24 | the Authority to such projects.
| ||||||
| 25 | (g) The Authority shall have power to lease pursuant to a | ||||||
| 26 | lease agreement
any
project so developed and constructed or | ||||||
| |||||||
| |||||||
| 1 | acquired to the approved tenant on such
terms and conditions as | ||||||
| 2 | may be appropriate to further the purposes of this Act
and to | ||||||
| 3 | maintain the credit of the Authority. Any such lease may | ||||||
| 4 | provide for
either the Authority or the approved tenant to | ||||||
| 5 | assume initially, in whole or in
part, the costs of | ||||||
| 6 | maintenance, repair and improvements during the leasehold
| ||||||
| 7 | period. In no case, however, shall the total rentals from any | ||||||
| 8 | project during
any initial leasehold period or the total loan | ||||||
| 9 | repayments to be made pursuant
to any loan agreement, be less | ||||||
| 10 | than an amount necessary to return over such
lease
or loan | ||||||
| 11 | period (1) all costs incurred in connection with the | ||||||
| 12 | development,
construction, acquisition or improvement of the | ||||||
| 13 | project and for repair,
maintenance and improvements thereto | ||||||
| 14 | during the period of the lease or loan;
provided, however, that | ||||||
| 15 | the rentals or loan repayments need not include costs
met | ||||||
| 16 | through the use of funds other than those obtained by the | ||||||
| 17 | Authority through
the issuance of its bonds or governmental | ||||||
| 18 | loans; (2) a reasonable percentage
additive to be agreed upon | ||||||
| 19 | by the Authority and the borrower or tenant to cover
a properly | ||||||
| 20 | allocable portion of the Authority's general expenses, | ||||||
| 21 | including,
but not limited to, administrative expenses, | ||||||
| 22 | salaries and general insurance,
and
(3) an amount sufficient to | ||||||
| 23 | pay when due all principal of, interest and
premium, if
any on, | ||||||
| 24 | any bonds issued by the Authority with respect to the project. | ||||||
| 25 | The
portion of total rentals payable under clause (3) of this | ||||||
| 26 | subsection (g) shall
be deposited in such special accounts, | ||||||
| |||||||
| |||||||
| 1 | including all sinking funds, acquisition
or construction | ||||||
| 2 | funds, debt service and other funds as provided by any
| ||||||
| 3 | resolution, mortgage or trust agreement of the Authority | ||||||
| 4 | pursuant to which any
bond is issued.
| ||||||
| 5 | (h) The Authority has the power, upon the termination of | ||||||
| 6 | any leasehold
period
of any project, to sell or lease for a | ||||||
| 7 | further term or terms such project on
such terms and conditions | ||||||
| 8 | as the Authority shall deem reasonable and consistent
with the | ||||||
| 9 | purposes of the Act. The net proceeds from all such sales and | ||||||
| 10 | the
revenues or income from such leases shall be used to | ||||||
| 11 | satisfy any indebtedness
of
the Authority with respect to such | ||||||
| 12 | project and any balance may be used to pay
any expenses of the | ||||||
| 13 | Authority or be used for the further development,
construction, | ||||||
| 14 | acquisition or improvement of projects.
In the event any | ||||||
| 15 | project is vacated by a tenant prior to the termination of the
| ||||||
| 16 | initial leasehold period, the Authority shall sell or lease the | ||||||
| 17 | facilities of
the project on the most advantageous terms | ||||||
| 18 | available. The net proceeds of any
such disposition shall be | ||||||
| 19 | treated in the same manner as the proceeds from sales
or the | ||||||
| 20 | revenues or income from leases subsequent to the termination of | ||||||
| 21 | any
initial leasehold period.
| ||||||
| 22 | (i) The Authority shall have the power to make loans to | ||||||
| 23 | persons to finance a
project, to enter into loan agreements | ||||||
| 24 | with respect thereto, and to accept
guarantees from persons of | ||||||
| 25 | its loans or the resultant evidences of obligations
of the | ||||||
| 26 | Authority.
| ||||||
| |||||||
| |||||||
| 1 | (j) The Authority may fix, determine, charge and collect | ||||||
| 2 | any premiums, fees,
charges, costs and expenses, including, | ||||||
| 3 | without limitation, any application
fees, commitment fees, | ||||||
| 4 | program fees, financing charges or publication fees from
any | ||||||
| 5 | person in connection with its activities under this Act.
| ||||||
| 6 | (k) In addition to the funds established as provided | ||||||
| 7 | herein, the Authority
shall have the power to create and | ||||||
| 8 | establish such reserve funds and accounts as
may be necessary | ||||||
| 9 | or desirable to accomplish its purposes under this Act and to
| ||||||
| 10 | deposit its available monies into the funds and accounts.
| ||||||
| 11 | (l) At the request of the governing body of any unit of | ||||||
| 12 | local government,
the
Authority is authorized to market such | ||||||
| 13 | local government's revenue bond
offerings by preparing bond | ||||||
| 14 | issues for sale, advertising for sealed bids,
receiving bids
at | ||||||
| 15 | its offices, making the award to the bidder that offers the | ||||||
| 16 | most favorable
terms or arranging for negotiated placements or | ||||||
| 17 | underwritings of such
securities. The Authority may, at its | ||||||
| 18 | discretion, offer for concurrent sale the
revenue bonds of | ||||||
| 19 | several local governments. Sales by the Authority of revenue
| ||||||
| 20 | bonds under this Section shall in no way imply State guarantee | ||||||
| 21 | of such debt
issue. The Authority may require such financial | ||||||
| 22 | information from participating
local governments as it deems | ||||||
| 23 | necessary in order to carry out the purposes of
this subsection | ||||||
| 24 | (1).
| ||||||
| 25 | (m) The Authority may make grants to any county to which | ||||||
| 26 | Division 5-37 of
the
Counties Code is applicable to assist in | ||||||
| |||||||
| |||||||
| 1 | the financing of capital development,
construction and | ||||||
| 2 | renovation of new or existing facilities for hospitals and
| ||||||
| 3 | health care facilities under that Act. Such grants may only be | ||||||
| 4 | made from funds
appropriated for such purposes from the Build | ||||||
| 5 | Illinois Bond Fund.
| ||||||
| 6 | (n) The Authority may establish an urban development action | ||||||
| 7 | grant program
for
the purpose of assisting municipalities in | ||||||
| 8 | Illinois which are experiencing
severe economic distress to | ||||||
| 9 | help stimulate economic development activities
needed to aid in | ||||||
| 10 | economic recovery. The Authority shall determine the types of
| ||||||
| 11 | activities and projects for which the urban development action | ||||||
| 12 | grants may be
used, provided that such projects and activities | ||||||
| 13 | are broadly defined to include
all reasonable projects and | ||||||
| 14 | activities the primary objectives of which are the
development | ||||||
| 15 | of viable urban communities, including decent housing and a
| ||||||
| 16 | suitable living environment, and expansion of economic | ||||||
| 17 | opportunity, principally
for
persons of low and moderate | ||||||
| 18 | incomes. The Authority shall enter into grant
agreements from | ||||||
| 19 | monies appropriated for such purposes from the Build Illinois
| ||||||
| 20 | Bond Fund. The Authority shall monitor the
use of the grants, | ||||||
| 21 | and shall provide for audits of the funds as well as
recovery | ||||||
| 22 | by the Authority of any funds determined to have been spent in
| ||||||
| 23 | violation of this
subsection (n) or any rule or regulation | ||||||
| 24 | promulgated hereunder. The Authority
shall provide technical | ||||||
| 25 | assistance with regard to the effective use of the
urban | ||||||
| 26 | development action grants. The Authority shall file an annual | ||||||
| |||||||
| |||||||
| 1 | report to
the
General Assembly concerning the progress of the | ||||||
| 2 | grant program.
| ||||||
| 3 | (o) The Authority may establish a Housing Partnership | ||||||
| 4 | Program whereby the
Authority provides zero-interest loans to | ||||||
| 5 | municipalities for the purpose of
assisting in the financing of | ||||||
| 6 | projects for the rehabilitation of affordable
multi-family | ||||||
| 7 | housing for low and moderate income residents. The Authority | ||||||
| 8 | may
provide such loans only upon a municipality's providing | ||||||
| 9 | evidence that it has
obtained private funding for the | ||||||
| 10 | rehabilitation project. The Authority shall
provide 3 State | ||||||
| 11 | dollars for every 7 dollars obtained by the municipality from
| ||||||
| 12 | sources other than the State of Illinois. The loans shall be | ||||||
| 13 | made from monies
appropriated for such purpose from the Build | ||||||
| 14 | Illinois Bond Fund. The total amount of loans available under | ||||||
| 15 | the Housing
Partnership Program shall not exceed $30,000,000. | ||||||
| 16 | State loan monies under this
subsection shall be used only for | ||||||
| 17 | the acquisition and rehabilitation of
existing
buildings | ||||||
| 18 | containing 4 or more dwelling units. The terms of any loan made | ||||||
| 19 | by
the municipality under this subsection shall require | ||||||
| 20 | repayment of the loan to
the municipality upon any sale or | ||||||
| 21 | other transfer of the project.
| ||||||
| 22 | (p) The Authority may award grants to universities and | ||||||
| 23 | research
institutions,
research consortiums and other | ||||||
| 24 | not-for-profit entities for the purposes of:
remodeling or | ||||||
| 25 | otherwise physically altering existing laboratory or research
| ||||||
| 26 | facilities, expansion or physical additions to existing | ||||||
| |||||||
| |||||||
| 1 | laboratory or research
facilities, construction of new | ||||||
| 2 | laboratory or research facilities or
acquisition of modern | ||||||
| 3 | equipment to support laboratory or research operations
| ||||||
| 4 | provided that
such grants (i) be used solely in support of | ||||||
| 5 | project and equipment acquisitions
which enhance technology | ||||||
| 6 | transfer, and (ii) not constitute more than 60 percent
of the | ||||||
| 7 | total project or acquisition cost.
| ||||||
| 8 | (q) Grants may be awarded by the Authority to units of | ||||||
| 9 | local government for
the
purpose of developing the appropriate | ||||||
| 10 | infrastructure or defraying other costs
to
the local government | ||||||
| 11 | in support of laboratory or research facilities provided
that | ||||||
| 12 | such grants may not exceed 40% of the cost to the unit of local
| ||||||
| 13 | government.
| ||||||
| 14 | (r) The Authority may establish a Direct Loan Program to | ||||||
| 15 | make loans to
individuals, partnerships or corporations for the | ||||||
| 16 | purpose of an industrial
project, as defined in
Section 801-10 | ||||||
| 17 | of this Act. For the purposes of such program
and not by way of | ||||||
| 18 | limitation on any other program of the Authority, the
Authority | ||||||
| 19 | shall have the power to issue bonds, notes, or other evidences | ||||||
| 20 | of
indebtedness including commercial paper for purposes of | ||||||
| 21 | providing a fund of
capital from which it may make such loans. | ||||||
| 22 | The Authority shall have the power
to use any appropriations | ||||||
| 23 | from the State made especially for the Authority's
Direct Loan | ||||||
| 24 | Program for additional capital to make such loans or for the
| ||||||
| 25 | purposes of reserve funds or pledged funds which secure the | ||||||
| 26 | Authority's
obligations of repayment of any bond, note or other | ||||||
| |||||||
| |||||||
| 1 | form of indebtedness
established for the purpose of providing | ||||||
| 2 | capital for which it intends to make
such loans under the | ||||||
| 3 | Direct Loan Program. For the purpose of obtaining such
capital, | ||||||
| 4 | the Authority may also enter into agreements with financial
| ||||||
| 5 | institutions and other persons for the purpose of selling loans | ||||||
| 6 | and developing
a secondary market for such loans.
Loans made | ||||||
| 7 | under the Direct Loan Program may be in an amount not to exceed
| ||||||
| 8 | $300,000 and shall be made for a portion of an industrial | ||||||
| 9 | project which does
not exceed 50% of the total project. No loan | ||||||
| 10 | may be made by the Authority
unless
approved by the affirmative | ||||||
| 11 | vote of at least 8 members of the board. The
Authority shall | ||||||
| 12 | establish procedures and publish rules which shall provide for
| ||||||
| 13 | the submission, review, and analysis of each direct loan | ||||||
| 14 | application and which
shall preserve the ability of each board | ||||||
| 15 | member to reach an individual business
judgment regarding the | ||||||
| 16 | propriety of making each direct loan. The collective
discretion | ||||||
| 17 | of the board to approve or disapprove each loan shall be
| ||||||
| 18 | unencumbered.
The Authority may establish and collect such fees | ||||||
| 19 | and charges, determine and
enforce such terms and conditions, | ||||||
| 20 | and charge such interest rates as it
determines to be necessary | ||||||
| 21 | and appropriate to the successful administration of
the Direct | ||||||
| 22 | Loan Program. The Authority may require such interests in | ||||||
| 23 | collateral
and such guarantees as it determines are necessary | ||||||
| 24 | to project the Authority's
interest in the repayment of the | ||||||
| 25 | principal and interest of each loan made under
the Direct Loan | ||||||
| 26 | Program.
| ||||||
| |||||||
| |||||||
| 1 | (s) The Authority may guarantee private loans to third | ||||||
| 2 | parties up to a
specified dollar amount in order to promote | ||||||
| 3 | economic development in this State.
| ||||||
| 4 | (t) The Authority may adopt rules and regulations as may be | ||||||
| 5 | necessary or
advisable to implement the powers conferred by | ||||||
| 6 | this Act.
| ||||||
| 7 | (u) The Authority shall have the power to issue bonds, | ||||||
| 8 | notes or other
evidences
of indebtedness, which may be used to | ||||||
| 9 | make loans to units of local government
which are authorized to | ||||||
| 10 | enter into loan agreements and other documents and to
issue | ||||||
| 11 | bonds, notes and other evidences of indebtedness for the | ||||||
| 12 | purpose of
financing the protection of storm sewer outfalls, | ||||||
| 13 | the construction of adequate
storm sewer outfalls, and the | ||||||
| 14 | provision for flood protection of sanitary sewage
treatment | ||||||
| 15 | plans, in counties that have established a stormwater | ||||||
| 16 | management
planning committee in accordance with
Section | ||||||
| 17 | 5-1062 of the Counties Code. Any
such loan shall be made by the | ||||||
| 18 | Authority pursuant to the provisions of
Section
820-5 to 820-60 | ||||||
| 19 | of this Act. The unit of local government shall pay back to the
| ||||||
| 20 | Authority the principal amount of the loan, plus annual | ||||||
| 21 | interest as determined
by the Authority. The Authority shall | ||||||
| 22 | have the power, subject to appropriations
by the General | ||||||
| 23 | Assembly, to subsidize or buy down a portion of the interest on
| ||||||
| 24 | such loans, up to 4% per annum.
| ||||||
| 25 | (v) The Authority may accept security interests as provided | ||||||
| 26 | in
Sections 11-3
and 11-3.3 of the Illinois Public Aid Code.
| ||||||
| |||||||
| |||||||
| 1 | (w) Moral Obligation. In the event that the Authority | ||||||
| 2 | determines that monies
of the Authority will not be sufficient | ||||||
| 3 | for the payment of the principal of and
interest on its bonds | ||||||
| 4 | during the next State fiscal year, the Chairperson, as
soon as | ||||||
| 5 | practicable, shall certify to the Governor the amount required | ||||||
| 6 | by the
Authority to enable it to pay such principal of and | ||||||
| 7 | interest on the bonds. The
Governor shall submit the amount so | ||||||
| 8 | certified to the General Assembly as soon
as
practicable, but | ||||||
| 9 | no later than the end of the current State fiscal year. This
| ||||||
| 10 | subsection shall apply only to any bonds or notes as to which | ||||||
| 11 | the Authority
shall have determined, in the resolution | ||||||
| 12 | authorizing the issuance of the bonds
or notes, that this | ||||||
| 13 | subsection shall apply. Whenever the Authority makes such a
| ||||||
| 14 | determination, that fact shall be plainly stated on the face of | ||||||
| 15 | the bonds or
notes and that fact shall also be reported to the | ||||||
| 16 | Governor. In the event of a
withdrawal of moneys from a reserve | ||||||
| 17 | fund established with respect to any issue
or issues of bonds | ||||||
| 18 | of the Authority to pay principal or interest on those
bonds,
| ||||||
| 19 | the Chairperson of the Authority, as soon as practicable, shall | ||||||
| 20 | certify to the
Governor the amount required to restore the | ||||||
| 21 | reserve fund to the level required
in the resolution or | ||||||
| 22 | indenture securing those bonds. The Governor shall submit
the | ||||||
| 23 | amount so certified to the General Assembly as soon as | ||||||
| 24 | practicable, but no
later than the end of the current State | ||||||
| 25 | fiscal year. The Authority shall obtain
written approval from | ||||||
| 26 | the Governor for any bonds and notes to be issued under
this | ||||||
| |||||||
| |||||||
| 1 | Section.
In addition to any other bonds authorized to be issued | ||||||
| 2 | under
Sections 825-60, 825-65(e), 830-25 and 845-5, the | ||||||
| 3 | principal amount of Authority
bonds outstanding
issued under | ||||||
| 4 | this
Section 801-40(w) or under 20 ILCS 3850/1-80 or 30 ILCS | ||||||
| 5 | 360/2-6(c), which have
been
assumed by the Authority, shall not | ||||||
| 6 | exceed $150,000,000. This subsection (w) shall in no way be | ||||||
| 7 | applied to any bonds issued by the Authority on behalf of the | ||||||
| 8 | Illinois Power Agency under Section 825-90 of this Act.
| ||||||
| 9 | (x) The Authority may enter into agreements or contracts | ||||||
| 10 | with any person necessary or appropriate to place the payment | ||||||
| 11 | obligations of the Authority under any of its bonds in whole or | ||||||
| 12 | in part on any interest rate basis, cash flow basis, or other | ||||||
| 13 | basis desired by the Authority, including without limitation | ||||||
| 14 | agreements or contracts commonly known as "interest rate swap | ||||||
| 15 | agreements", "forward payment conversion agreements", and | ||||||
| 16 | "futures", or agreements or contracts to exchange cash flows or | ||||||
| 17 | a series of payments, or agreements or contracts, including | ||||||
| 18 | without limitation agreements or contracts commonly known as | ||||||
| 19 | "options", "puts", or "calls", to hedge payment, rate spread, | ||||||
| 20 | or similar exposure; provided that any such agreement or | ||||||
| 21 | contract shall not constitute an obligation for borrowed money | ||||||
| 22 | and shall not be taken into account under Section 845-5 of this | ||||||
| 23 | Act or any other debt limit of the Authority or the State of | ||||||
| 24 | Illinois.
| ||||||
| 25 | (y) The Authority shall publish summaries of projects and | ||||||
| 26 | actions approved by the members of the Authority on its | ||||||
| |||||||
| |||||||
| 1 | website. These summaries shall include, but not be limited to, | ||||||
| 2 | information regarding the: | ||||||
| 3 | (1) project; | ||||||
| 4 | (2) Board's action or actions; | ||||||
| 5 | (3) purpose of the project; | ||||||
| 6 | (4) Authority's program and contribution; | ||||||
| 7 | (5) volume cap; | ||||||
| 8 | (6) jobs retained; | ||||||
| 9 | (7) projected new jobs; | ||||||
| 10 | (8) construction jobs created; | ||||||
| 11 | (9) estimated sources and uses of funds; | ||||||
| 12 | (10) financing summary; | ||||||
| 13 | (11) project summary; | ||||||
| 14 | (12) business summary; | ||||||
| 15 | (13) ownership or economic disclosure statement; | ||||||
| 16 | (14) professional and financial information; | ||||||
| 17 | (15) service area; and | ||||||
| 18 | (16) legislative district. | ||||||
| 19 | The disclosure of information pursuant to this subsection | ||||||
| 20 | shall comply with the Freedom of Information Act. | ||||||
| 21 | (Source: P.A. 95-470, eff. 8-27-07; 95-481, eff. 8-28-07; | ||||||
| 22 | 95-876, eff. 8-21-08; 96-795, eff. 7-1-10 (see Section 5 of | ||||||
| 23 | P.A. 96-793 for the effective date of changes made by P.A. | ||||||
| 24 | 96-795).)
| ||||||
| 25 | Section 4. The State Finance Act is amended by adding | ||||||
| |||||||
| |||||||
| 1 | Section 5.878 as follows:
| ||||||
| 2 | (30 ILCS 105/5.878 new) | ||||||
| 3 | Sec. 5.878. The State Pension Obligation Acceleration Bond | ||||||
| 4 | Fund."; and
| ||||||
| 5 | on page 1, line 10, by replacing "Section 7.6" with "Sections | ||||||
| 6 | 7.6 and 7.7"; and
| ||||||
| 7 | on page 1, line 16, by replacing "$56,917,915,743" with | ||||||
| 8 | "$57,167,925,743"; and
| ||||||
| 9 | on page 2, by replacing lines 11 through 14 with the following: | ||||||
| 10 | "Of the total amount of Bonds authorized in this Act, the | ||||||
| 11 | additional $7,000,000,000 authorized by Section 7.6 shall be | ||||||
| 12 | used solely as provided in Section 7.6 and shall be issued by | ||||||
| 13 | September 1, 2017. | ||||||
| 14 | Of the total amount of Bonds authorized in this Act, the | ||||||
| 15 | additional $250,000,000 authorized by Section 7.7 shall be used | ||||||
| 16 | solely as provided in Section 7.7."; and
| ||||||
| 17 | on page 4, immediately below line 22, by inserting the | ||||||
| 18 | following:
| ||||||
| 19 | "(30 ILCS 330/7.7 new) | ||||||
| 20 | Sec. 7.7. State Pension Obligation Acceleration Bonds. | ||||||
| |||||||
| |||||||
| 1 | (a) As used in this Act, "State Pension Obligation | ||||||
| 2 | Acceleration Bonds" means Bonds authorized by this amendatory | ||||||
| 3 | Act of the 100th General Assembly and used for the purposes set | ||||||
| 4 | forth in subsection (c-5) of Section 801-40 of the Illinois | ||||||
| 5 | Finance Authority Act. | ||||||
| 6 | (b) State Pension Obligation Acceleration Bonds in the | ||||||
| 7 | amount of $250,000,000 are hereby authorized to be used for the | ||||||
| 8 | purposes set forth in subsection (c-5) of Section 801-40 of the | ||||||
| 9 | Illinois Finance Authority Act. | ||||||
| 10 | (c) The proceeds of State Pension Obligation Acceleration | ||||||
| 11 | Bonds authorized in subsection (b) of this Section, less the | ||||||
| 12 | amounts authorized in the Bond Sale Order to be directly paid | ||||||
| 13 | out for bond sale expenses under Section 8, shall be deposited | ||||||
| 14 | directly into the State Pension Obligation Acceleration Bond | ||||||
| 15 | Fund, and the Comptroller and the Treasurer shall, as soon as | ||||||
| 16 | practical, make payments as contemplated by subsection (c-5) of | ||||||
| 17 | Section 801-40 of the Illinois Finance Authority Act. | ||||||
| 18 | (d) There is created the State Pension Obligation | ||||||
| 19 | Acceleration Bond Fund as a special fund in the State Treasury. | ||||||
| 20 | Funds deposited in the State Pension Obligation Acceleration | ||||||
| 21 | Bond Fund may only be used for the purposes set forth in | ||||||
| 22 | subsection (c-5) of Section 801-40 of the Illinois Finance | ||||||
| 23 | Authority Act or for the payment of principal and interest due | ||||||
| 24 | on State Pension Obligation Acceleration Bonds."; and
| ||||||
| 25 | on page 5, line 2, by replacing "subsection (h)" with | ||||||
| |||||||
| |||||||
| 1 | "subsections (h) and (i)"; and
| ||||||
| 2 | on page 17, immediately below line 20, by inserting the | ||||||
| 3 | following: | ||||||
| 4 | "(i) Notwithstanding any other provision of this Section, | ||||||
| 5 | for purposes of maximizing market efficiencies and cost | ||||||
| 6 | savings, State Pension Obligation Acceleration Bonds may be | ||||||
| 7 | issued and sold from time to time, in one or more series, in | ||||||
| 8 | such amounts and at such prices as may be directed by the | ||||||
| 9 | Governor, upon recommendation by the Director of the Governor's | ||||||
| 10 | Office of Management and Budget. State Pension Obligation | ||||||
| 11 | Acceleration Bonds shall be in such form, either coupon, | ||||||
| 12 | registered, or book entry, in such denominations, shall bear | ||||||
| 13 | interest payable at such times and at such fixed or variable | ||||||
| 14 | rate or rates, and be dated as shall be fixed and determined by | ||||||
| 15 | the Director of the Governor's Office of Management and Budget | ||||||
| 16 | in the order authorizing the issuance and sale of any series of | ||||||
| 17 | State Pension Obligation Acceleration Bonds, which order shall | ||||||
| 18 | be approved by the Governor and is herein called a "Bond Sale | ||||||
| 19 | Order"; provided, however, that interest payable at fixed or | ||||||
| 20 | variable rates shall not exceed that permitted in the Bond | ||||||
| 21 | Authorization Act. State Pension Obligation Acceleration Bonds | ||||||
| 22 | shall be payable at such place or places, within or without the | ||||||
| 23 | State of Illinois, and may be made registrable as to either | ||||||
| 24 | principal or as to both principal and interest, as shall be | ||||||
| 25 | specified in the Bond Sale Order.
State Pension Obligation | ||||||
| |||||||
| |||||||
| 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."; and
| ||||||
| 4 | on page 20, immediately below line 3, by inserting the | ||||||
| 5 | following: | ||||||
| 6 | "All State Pension Obligation Acceleration Bonds shall | ||||||
| 7 | comply with this Section. Notwithstanding anything to the | ||||||
| 8 | contrary, however, for purposes of complying with this Section, | ||||||
| 9 | State Pension Obligation Acceleration Bonds, regardless of the | ||||||
| 10 | number of series or issuances sold thereunder, shall be
| ||||||
| 11 | considered a single issue or series. Furthermore, for purposes | ||||||
| 12 | of complying with the competitive bidding requirements of this | ||||||
| 13 | Section, the words "at all times" shall not apply to any such | ||||||
| 14 | sale of the State Pension Obligation Acceleration Bonds. The | ||||||
| 15 | Director of the Governor's Office of Management and Budget | ||||||
| 16 | shall determine the time and manner of any competitive sale of | ||||||
| 17 | the State Pension Obligation Acceleration Bonds; however, that | ||||||
| 18 | sale shall under no circumstances take place later than 60 days | ||||||
| 19 | after the State closes the sale of 75% of the State Pension | ||||||
| 20 | Obligation Acceleration Bonds by negotiated sale."; and
| ||||||
| 21 | on page 21, immediately below line 13, by inserting the | ||||||
| 22 | following: | ||||||
| 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 | ||||||
| |||||||
| |||||||
| 1 | Section 7.7."; and
| ||||||
| 2 | on page 22, line 7, by replacing "7.2 and 7.6" with "7.2, 7.6, | ||||||
| 3 | and 7.7"; and
| ||||||
| 4 | on page 24, immediately below line 9, by inserting the | ||||||
| 5 | following:
| ||||||
| 6 | "Section 10. The State Pension Funds Continuing | ||||||
| 7 | Appropriation Act is amended by adding Section 1.10 as follows:
| ||||||
| 8 | (40 ILCS 15/1.10 new) | ||||||
| 9 | Sec. 1.10. Appropriations for State Pension Obligation | ||||||
| 10 | Acceleration Bonds. If for any reason the aggregate | ||||||
| 11 | appropriations made available are insufficient to meet the | ||||||
| 12 | levels required for the payment of principal and interest due | ||||||
| 13 | on State Pension Obligation Acceleration Bonds under Section | ||||||
| 14 | 7.6 of the General Obligation Bond Act, this Section shall | ||||||
| 15 | constitute a continuing appropriation of all amounts necessary | ||||||
| 16 | for those purposes.".
| ||||||
