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-House_Amendment_001.html
Bill Title: GO RESTRUCTURING BONDS
Status: 2019-01-09 - Session Sine Die [SB0004 Detail]
Download: Illinois-2017-SB0004-House_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 4
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 4 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The General Obligation Bond Act is amended by | ||||||
| 5 | changing Sections 2, 2.5, 9, 11, 12, and 13 and by adding | ||||||
| 6 | Section 7.6 as follows:
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| 7 | (30 ILCS 330/2) (from Ch. 127, par. 652) | ||||||
| 8 | Sec. 2. Authorization for Bonds. The State of Illinois is | ||||||
| 9 | authorized to
issue, sell and provide for the retirement of | ||||||
| 10 | General Obligation Bonds of
the State of Illinois for the | ||||||
| 11 | categories and specific purposes expressed in
Sections 2 | ||||||
| 12 | through 8 of this Act, in the total amount of $XXXX | ||||||
| 13 | $49,917,925,743. | ||||||
| 14 | The bonds authorized in this Section 2 and in Section 16 of | ||||||
| 15 | this Act are
herein called "Bonds". | ||||||
| 16 | Of the total amount of Bonds authorized in this Act, up to | ||||||
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| 1 | $2,200,000,000
in aggregate original principal amount may be | ||||||
| 2 | issued and sold in accordance
with the Baccalaureate Savings | ||||||
| 3 | Act in the form of General Obligation
College Savings Bonds. | ||||||
| 4 | Of the total amount of Bonds authorized in this Act, up to | ||||||
| 5 | $300,000,000 in
aggregate original principal amount may be | ||||||
| 6 | issued and sold in accordance
with the Retirement Savings Act | ||||||
| 7 | in the form of General Obligation
Retirement Savings Bonds. | ||||||
| 8 | Of the total amount of Bonds authorized in this Act, the | ||||||
| 9 | additional
$10,000,000,000 authorized by Public Act 93-2, the | ||||||
| 10 | $3,466,000,000 authorized by Public Act 96-43, and the | ||||||
| 11 | $4,096,348,300 authorized by Public Act 96-1497 shall be used | ||||||
| 12 | solely as provided in Section 7.2. | ||||||
| 13 | Of the total amount of Bonds authorized in this Act, the | ||||||
| 14 | additional $XXXX authorized by this amendatory Act of the 100th | ||||||
| 15 | General Assembly shall be used solely as provided in Section | ||||||
| 16 | 7.6 and shall be issued by September 1, 2017. | ||||||
| 17 | The issuance and sale of Bonds pursuant to the General | ||||||
| 18 | Obligation Bond
Act is an economical and efficient method of | ||||||
| 19 | financing the long-term capital needs of
the State. This Act | ||||||
| 20 | will permit the issuance of a multi-purpose General
Obligation | ||||||
| 21 | Bond with uniform terms and features. This will not only lower
| ||||||
| 22 | the cost of registration but also reduce the overall cost of | ||||||
| 23 | issuing debt
by improving the marketability of Illinois General | ||||||
| 24 | Obligation Bonds. | ||||||
| 25 | (Source: P.A. 97-333, eff. 8-12-11; 97-771, eff. 7-10-12; | ||||||
| 26 | 97-813, eff. 7-13-12; 98-94, eff. 7-17-13; 98-463, eff. | ||||||
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| |||||||
| 1 | 8-16-13; 98-781, eff. 7-22-14.)
| ||||||
| 2 | (30 ILCS 330/2.5) | ||||||
| 3 | Sec. 2.5. Limitation on issuance of Bonds. | ||||||
| 4 | (a) Except as provided in subsection (b), no Bonds may be | ||||||
| 5 | issued if, after the issuance, in the next State fiscal year | ||||||
| 6 | after the issuance of the Bonds, the amount of debt service | ||||||
| 7 | (including principal, whether payable at maturity or pursuant | ||||||
| 8 | to mandatory sinking fund installments, and interest) on all | ||||||
| 9 | then-outstanding Bonds, other than (i) Bonds authorized by this | ||||||
| 10 | amendatory Act of the 100th General Assembly, (ii) Bonds issued | ||||||
| 11 | authorized by Public Act 96-43, and (iii) other than Bonds | ||||||
| 12 | authorized by Public Act 96-1497, would exceed 7% of the | ||||||
| 13 | aggregate appropriations from the general funds (which consist | ||||||
| 14 | of the General Revenue Fund, the Common School Fund, the | ||||||
| 15 | General Revenue Common School Special Account Fund, and the | ||||||
| 16 | Education Assistance Fund) and the Road Fund for the fiscal | ||||||
| 17 | year immediately prior to the fiscal year of the issuance. | ||||||
| 18 | (b) If the Comptroller and Treasurer each consent in | ||||||
| 19 | writing, Bonds may be issued even if the issuance does not | ||||||
| 20 | comply with subsection (a). In addition, $2,000,000,000 in | ||||||
| 21 | Bonds for the purposes set forth in Sections 3, 4, 5, 6, and 7, | ||||||
| 22 | and $2,000,000,000 in Refunding Bonds under Section 16, may be | ||||||
| 23 | issued during State fiscal year 2017 without complying with | ||||||
| 24 | subsection (a).
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| 25 | (Source: P.A. 99-523, eff. 6-30-16.)
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| 1 | (30 ILCS 330/7.6 new) | ||||||
| 2 | Sec. 7.6. State General Obligation Restructuring Bonds. | ||||||
| 3 | (a) As used in this Act, "State General Obligation | ||||||
| 4 | Restructuring Bonds" means Bonds (i) authorized by this | ||||||
| 5 | amendatory Act of the 100th General Assembly or any other | ||||||
| 6 | Public Act of the 100th General Assembly authorizing the | ||||||
| 7 | issuance of State General Obligation Restructuring Bonds and | ||||||
| 8 | (ii) used for the payment of unpaid obligations of the State as | ||||||
| 9 | incurred from time to time and as authorized by the General | ||||||
| 10 | Assembly. | ||||||
| 11 | (b) State General Obligation Restructuring Bonds in the | ||||||
| 12 | amount of $XXXX are hereby authorized to be used for purpose of | ||||||
| 13 | paying vouchers incurred by the State prior to July 1, 2017. | ||||||
| 14 | (c) The proceeds of State General Obligation Restructuring
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| 15 | Bonds authorized in subsection (b) of this Section, less the | ||||||
| 16 | amounts authorized in the Bond Sale Order to be deposited | ||||||
| 17 | directly into the capitalized interest account of the General | ||||||
| 18 | Obligation Bond Retirement and Interest Fund or otherwise | ||||||
| 19 | directly paid out for bond sale expenses under Section 8, shall | ||||||
| 20 | be deposited into the General Revenue Fund, and the Comptroller | ||||||
| 21 | and the Treasurer shall, as soon as practical, make payments as | ||||||
| 22 | contemplated by this Section.
| ||||||
| 23 | (30 ILCS 330/9) (from Ch. 127, par. 659)
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| 24 | Sec. 9. Conditions for Issuance and Sale of Bonds - | ||||||
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| 1 | Requirements for
Bonds. | ||||||
| 2 | (a) Except as otherwise provided in this subsection and | ||||||
| 3 | subsection (h), Bonds shall be issued and sold from time to | ||||||
| 4 | time, in one or
more series, in such amounts and at such prices | ||||||
| 5 | as may be directed by the
Governor, upon recommendation by the | ||||||
| 6 | Director of the
Governor's Office of Management and Budget.
| ||||||
| 7 | Bonds shall be in such form (either coupon, registered or book | ||||||
| 8 | entry), in
such denominations, payable within 25 years from | ||||||
| 9 | their date, subject to such
terms of redemption with or without | ||||||
| 10 | premium, bear interest payable at
such times and at such fixed | ||||||
| 11 | or variable rate or rates, and be dated
as shall be fixed and | ||||||
| 12 | determined by the Director of
the
Governor's Office of | ||||||
| 13 | Management and Budget
in the order authorizing the issuance and | ||||||
| 14 | sale
of any series of Bonds, which order shall be approved by | ||||||
| 15 | the Governor
and is herein called a "Bond Sale Order"; provided | ||||||
| 16 | however, that interest
payable at fixed or variable rates shall | ||||||
| 17 | not exceed that permitted in the
Bond Authorization Act, as now | ||||||
| 18 | or hereafter amended. Bonds shall be
payable at such place or | ||||||
| 19 | places, within or without the State of Illinois, and
may be | ||||||
| 20 | made registrable as to either principal or as to both principal | ||||||
| 21 | and
interest, as shall be specified in the Bond Sale Order. | ||||||
| 22 | Bonds may be callable
or subject to purchase and retirement or | ||||||
| 23 | tender and remarketing as fixed
and determined in the Bond Sale | ||||||
| 24 | Order. Bonds, other than Bonds issued under Section 3 of this | ||||||
| 25 | Act for the costs associated with the purchase and | ||||||
| 26 | implementation of information technology, (i) except for | ||||||
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| 1 | refunding Bonds satisfying the requirements of Section 16 of | ||||||
| 2 | this Act and sold during fiscal year 2009, 2010, 2011, or 2017 | ||||||
| 3 | must be issued with principal or mandatory redemption amounts | ||||||
| 4 | in equal amounts, with the first maturity issued occurring | ||||||
| 5 | within the fiscal year in which the Bonds are issued or within | ||||||
| 6 | the next succeeding fiscal year and (ii) must mature or be | ||||||
| 7 | subject to mandatory redemption each fiscal year thereafter up | ||||||
| 8 | to 25 years, except for refunding Bonds satisfying the | ||||||
| 9 | requirements of Section 16 of this Act and sold during fiscal | ||||||
| 10 | year 2009, 2010, or 2011 which must mature or be subject to | ||||||
| 11 | mandatory redemption each fiscal year thereafter up to 16 | ||||||
| 12 | years. Bonds issued under Section 3 of this Act for the costs | ||||||
| 13 | associated with the purchase and implementation of information | ||||||
| 14 | technology must be issued with principal or mandatory | ||||||
| 15 | redemption amounts in equal amounts, with the first maturity | ||||||
| 16 | issued occurring with the fiscal year in which the respective | ||||||
| 17 | bonds are issued or with the next succeeding fiscal year, with | ||||||
| 18 | the respective bonds issued maturing or subject to mandatory | ||||||
| 19 | redemption each fiscal year thereafter up to 10 years. | ||||||
| 20 | Notwithstanding any provision of this Act to the contrary, the | ||||||
| 21 | Bonds authorized by Public Act 96-43 shall be payable within 5 | ||||||
| 22 | years from their date and must be issued with principal or | ||||||
| 23 | mandatory redemption amounts in equal amounts, with payment of | ||||||
| 24 | principal or mandatory redemption beginning in the first fiscal | ||||||
| 25 | year following the fiscal year in which the Bonds are issued.
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| 26 | Notwithstanding any provision of this Act to the contrary, | ||||||
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| 1 | the Bonds authorized by Public Act 96-1497 shall be payable | ||||||
| 2 | within 8 years from their date and shall be issued with payment | ||||||
| 3 | of maturing principal or scheduled mandatory redemptions in | ||||||
| 4 | accordance with the following schedule, except the following | ||||||
| 5 | amounts shall be prorated if less than the total additional | ||||||
| 6 | amount of Bonds authorized by Public Act 96-1497 are issued: | ||||||
| 7 | Fiscal Year After Issuance Amount | ||||||
| 8 | 1-2 $0 | ||||||
| 9 | 3 $110,712,120 | ||||||
| 10 | 4 $332,136,360 | ||||||
| 11 | 5 $664,272,720 | ||||||
| 12 | 6-8 $996,409,080 | ||||||
| 13 | Notwithstanding any provision of this Act to the contrary, | ||||||
| 14 | State General Obligation Restructuring Bonds issued under | ||||||
| 15 | Section 7.6 shall be payable within 7 years from the date of | ||||||
| 16 | sale and shall be issued with payment of principal or mandatory | ||||||
| 17 | redemption as set forth in subsection (h) of this Section. | ||||||
| 18 | In the case of any series of Bonds bearing interest at a | ||||||
| 19 | variable interest
rate ("Variable Rate Bonds"), in lieu of | ||||||
| 20 | determining the rate or rates at which
such series of Variable | ||||||
| 21 | Rate Bonds shall bear interest and the price or prices
at which | ||||||
| 22 | such Variable Rate Bonds shall be initially sold or remarketed | ||||||
| 23 | (in the
event of purchase and subsequent resale), the Bond Sale | ||||||
| 24 | Order may provide that
such interest rates and prices may vary | ||||||
| 25 | from time to time depending on criteria
established in such | ||||||
| 26 | Bond Sale Order, which criteria may include, without
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| 1 | limitation, references to indices or variations in interest | ||||||
| 2 | rates as may, in
the judgment of a remarketing agent, be | ||||||
| 3 | necessary to cause Variable Rate Bonds
of such series to be | ||||||
| 4 | remarketable from time to time at a price equal to their
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| 5 | principal amount, and may provide for appointment of a bank, | ||||||
| 6 | trust company,
investment bank, or other financial institution | ||||||
| 7 | to serve as remarketing agent
in that connection.
The Bond Sale | ||||||
| 8 | Order may provide that alternative interest rates or provisions
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| 9 | for establishing alternative interest rates, different | ||||||
| 10 | security or claim
priorities, or different call or amortization | ||||||
| 11 | provisions will apply during
such times as Variable Rate Bonds | ||||||
| 12 | of any series are held by a person providing
credit or | ||||||
| 13 | liquidity enhancement arrangements for such Bonds as | ||||||
| 14 | authorized in
subsection (b) of this Section.
The Bond Sale | ||||||
| 15 | Order may also provide for such variable interest rates to be
| ||||||
| 16 | established pursuant to a process generally known as an auction | ||||||
| 17 | rate process
and may provide for appointment of one or more | ||||||
| 18 | financial institutions to serve
as auction agents and | ||||||
| 19 | broker-dealers in connection with the establishment of
such | ||||||
| 20 | interest rates and the sale and remarketing of such Bonds.
| ||||||
| 21 | (b) In connection with the issuance of any series of Bonds, | ||||||
| 22 | the State may
enter into arrangements to provide additional | ||||||
| 23 | security and liquidity for such
Bonds, including, without | ||||||
| 24 | limitation, bond or interest rate insurance or
letters of | ||||||
| 25 | credit, lines of credit, bond purchase contracts, or other
| ||||||
| 26 | arrangements whereby funds are made available to retire or | ||||||
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| 1 | purchase Bonds,
thereby assuring the ability of owners of the | ||||||
| 2 | Bonds to sell or redeem their
Bonds. The State may enter into | ||||||
| 3 | contracts and may agree to pay fees to persons
providing such | ||||||
| 4 | arrangements, but only under circumstances where the Director | ||||||
| 5 | of
the
Governor's Office of Management and Budget certifies | ||||||
| 6 | that he or she reasonably expects the total
interest paid or to | ||||||
| 7 | be paid on the Bonds, together with the fees for the
| ||||||
| 8 | arrangements (being treated as if interest), would not, taken | ||||||
| 9 | together, cause
the Bonds to bear interest, calculated to their | ||||||
| 10 | stated maturity, at a rate in
excess of the rate that the Bonds | ||||||
| 11 | would bear in the absence of such
arrangements.
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| 12 | The State may, with respect to Bonds issued or anticipated | ||||||
| 13 | to be issued,
participate in and enter into arrangements with | ||||||
| 14 | respect to interest rate
protection or exchange agreements, | ||||||
| 15 | guarantees, or financial futures contracts
for the purpose of | ||||||
| 16 | limiting, reducing, or managing interest rate exposure.
The | ||||||
| 17 | authority granted under this paragraph, however, shall not | ||||||
| 18 | increase the principal amount of Bonds authorized to be issued | ||||||
| 19 | by law. The arrangements may be executed and delivered by the | ||||||
| 20 | Director
of the
Governor's Office of Management and Budget on | ||||||
| 21 | behalf of the State. Net payments for such
arrangements shall | ||||||
| 22 | constitute interest on the Bonds and shall be paid from the
| ||||||
| 23 | General Obligation Bond Retirement and Interest Fund. The | ||||||
| 24 | Director of the
Governor's Office of Management and Budget | ||||||
| 25 | shall at least annually certify to the Governor and
the
State | ||||||
| 26 | Comptroller his or her estimate of the amounts of such net | ||||||
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| 1 | payments to
be included in the calculation of interest required | ||||||
| 2 | to be paid by the State.
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| 3 | (c) Prior to the issuance of any Variable Rate Bonds | ||||||
| 4 | pursuant to
subsection (a), the Director of the
Governor's | ||||||
| 5 | Office of Management and Budget shall adopt an
interest rate | ||||||
| 6 | risk management policy providing that the amount of the State's
| ||||||
| 7 | variable rate exposure with respect to Bonds shall not exceed | ||||||
| 8 | 20%. This policy
shall remain in effect while any Bonds are | ||||||
| 9 | outstanding and the issuance of
Bonds
shall be subject to the | ||||||
| 10 | terms of such policy. The terms of this policy may be
amended | ||||||
| 11 | from time to time by the Director of the
Governor's Office of | ||||||
| 12 | Management and Budget but in no
event shall any amendment cause | ||||||
| 13 | the permitted level of the State's variable
rate exposure with | ||||||
| 14 | respect to Bonds to exceed 20%.
| ||||||
| 15 | (d) "Build America Bonds" in this Section means Bonds | ||||||
| 16 | authorized by Section 54AA of the Internal Revenue Code of | ||||||
| 17 | 1986, as amended ("Internal Revenue Code"), and bonds issued | ||||||
| 18 | from time to time to refund or continue to refund "Build | ||||||
| 19 | America Bonds". | ||||||
| 20 | (e) Notwithstanding any other provision of this Section, | ||||||
| 21 | Qualified School Construction Bonds shall be issued and sold | ||||||
| 22 | from time to time, in one or more series, in such amounts and | ||||||
| 23 | at such prices as may be directed by the Governor, upon | ||||||
| 24 | recommendation by the Director of the Governor's Office of | ||||||
| 25 | Management and Budget. Qualified School Construction Bonds | ||||||
| 26 | shall be in such form (either coupon, registered or book | ||||||
| |||||||
| |||||||
| 1 | entry), in such denominations, payable within 25 years from | ||||||
| 2 | their date, subject to such terms of redemption with or without | ||||||
| 3 | premium, and if the Qualified School Construction Bonds are | ||||||
| 4 | issued with a supplemental coupon, bear interest payable at | ||||||
| 5 | such times and at such fixed or variable rate or rates, and be | ||||||
| 6 | dated as shall be fixed and determined by the Director of the | ||||||
| 7 | Governor's Office of Management and Budget in the order | ||||||
| 8 | authorizing the issuance and sale of any series of Qualified | ||||||
| 9 | School Construction Bonds, which order shall be approved by the | ||||||
| 10 | Governor and is herein called a "Bond Sale Order"; except that | ||||||
| 11 | interest payable at fixed or variable rates, if any, shall not | ||||||
| 12 | exceed that permitted in the Bond Authorization Act, as now or | ||||||
| 13 | hereafter amended. Qualified School Construction Bonds shall | ||||||
| 14 | be payable at such place or places, within or without the State | ||||||
| 15 | of Illinois, and may be made registrable as to either principal | ||||||
| 16 | or as to both principal and interest, as shall be specified in | ||||||
| 17 | the Bond Sale Order. Qualified School Construction Bonds may be | ||||||
| 18 | callable or subject to purchase and retirement or tender and | ||||||
| 19 | remarketing as fixed and determined in the Bond Sale Order. | ||||||
| 20 | Qualified School Construction Bonds must be issued with | ||||||
| 21 | principal or mandatory redemption amounts or sinking fund | ||||||
| 22 | payments into the General Obligation Bond Retirement and | ||||||
| 23 | Interest Fund (or subaccount therefor) in equal amounts, with | ||||||
| 24 | the first maturity issued, mandatory redemption payment or | ||||||
| 25 | sinking fund payment occurring within the fiscal year in which | ||||||
| 26 | the Qualified School Construction Bonds are issued or within | ||||||
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| 1 | the next succeeding fiscal year, with Qualified School | ||||||
| 2 | Construction Bonds issued maturing or subject to mandatory | ||||||
| 3 | redemption or with sinking fund payments thereof deposited each | ||||||
| 4 | fiscal year thereafter up to 25 years. Sinking fund payments | ||||||
| 5 | set forth in this subsection shall be permitted only to the | ||||||
| 6 | extent authorized in Section 54F of the Internal Revenue Code | ||||||
| 7 | or as otherwise determined by the Director of the Governor's | ||||||
| 8 | Office of Management and Budget. "Qualified School | ||||||
| 9 | Construction Bonds" in this subsection means Bonds authorized | ||||||
| 10 | by Section 54F of the Internal Revenue Code and for bonds | ||||||
| 11 | issued from time to time to refund or continue to refund such | ||||||
| 12 | "Qualified School Construction Bonds". | ||||||
| 13 | (f) Beginning with the next issuance by the Governor's | ||||||
| 14 | Office of Management and Budget to the Procurement Policy Board | ||||||
| 15 | of a request for quotation for the purpose of formulating a new | ||||||
| 16 | pool of qualified underwriting banks list, all entities | ||||||
| 17 | responding to such a request for quotation for inclusion on | ||||||
| 18 | that list shall provide a written report to the Governor's | ||||||
| 19 | Office of Management and Budget and the Illinois Comptroller. | ||||||
| 20 | The written report submitted to the Comptroller shall (i) be | ||||||
| 21 | published on the Comptroller's Internet website and (ii) be | ||||||
| 22 | used by the Governor's Office of Management and Budget for the | ||||||
| 23 | purposes of scoring such a request for quotation. The written | ||||||
| 24 | report, at a minimum, shall: | ||||||
| 25 | (1) disclose whether, within the past 3 months, | ||||||
| 26 | pursuant to its credit default swap market-making | ||||||
| |||||||
| |||||||
| 1 | activities, the firm has entered into any State of Illinois | ||||||
| 2 | credit default swaps ("CDS"); | ||||||
| 3 | (2) include, in the event of State of Illinois CDS | ||||||
| 4 | activity, disclosure of the firm's cumulative notional | ||||||
| 5 | volume of State of Illinois CDS trades and the firm's | ||||||
| 6 | outstanding gross and net notional amount of State of | ||||||
| 7 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 8 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 9 | trading activities, disclosure of whether the firm, within | ||||||
| 10 | the past 3 months, has entered into any proprietary trades | ||||||
| 11 | for its own account in State of Illinois CDS; | ||||||
| 12 | (4) include, in the event of State of Illinois | ||||||
| 13 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 14 | gross and net notional amount of proprietary State of | ||||||
| 15 | Illinois CDS and whether the net position is short or long | ||||||
| 16 | credit protection, as of the end of the current 3-month | ||||||
| 17 | period; | ||||||
| 18 | (5) list all time periods during the past 3 months | ||||||
| 19 | during which the firm held net long or net short State of | ||||||
| 20 | Illinois CDS proprietary credit protection positions, the | ||||||
| 21 | amount of such positions, and whether those positions were | ||||||
| 22 | net long or net short credit protection positions; and | ||||||
| 23 | (6) indicate whether, within the previous 3 months, the | ||||||
| 24 | firm released any publicly available research or marketing | ||||||
| 25 | reports that reference State of Illinois CDS and include | ||||||
| 26 | those research or marketing reports as attachments. | ||||||
| |||||||
| |||||||
| 1 | (g) All entities included on a Governor's Office of | ||||||
| 2 | Management and Budget's pool of qualified underwriting banks | ||||||
| 3 | list shall, as soon as possible after March 18, 2011 (the | ||||||
| 4 | effective date of Public Act 96-1554), but not later than | ||||||
| 5 | January 21, 2011, and on a quarterly fiscal basis thereafter, | ||||||
| 6 | provide a written report to the Governor's Office of Management | ||||||
| 7 | and Budget and the Illinois Comptroller. The written reports | ||||||
| 8 | submitted to the Comptroller shall be published on the | ||||||
| 9 | Comptroller's Internet website. The written reports, at a | ||||||
| 10 | minimum, shall: | ||||||
| 11 | (1) disclose whether, within the past 3 months, | ||||||
| 12 | pursuant to its credit default swap market-making | ||||||
| 13 | activities, the firm has entered into any State of Illinois | ||||||
| 14 | credit default swaps ("CDS"); | ||||||
| 15 | (2) include, in the event of State of Illinois CDS | ||||||
| 16 | activity, disclosure of the firm's cumulative notional | ||||||
| 17 | volume of State of Illinois CDS trades and the firm's | ||||||
| 18 | outstanding gross and net notional amount of State of | ||||||
| 19 | Illinois CDS, as of the end of the current 3-month period; | ||||||
| 20 | (3) indicate, pursuant to the firm's proprietary | ||||||
| 21 | trading activities, disclosure of whether the firm, within | ||||||
| 22 | the past 3 months, has entered into any proprietary trades | ||||||
| 23 | for its own account in State of Illinois CDS; | ||||||
| 24 | (4) include, in the event of State of Illinois | ||||||
| 25 | proprietary trades, disclosure of the firm's outstanding | ||||||
| 26 | gross and net notional amount of proprietary State of | ||||||
| |||||||
| |||||||
| 1 | Illinois CDS and whether the net position is short or long | ||||||
| 2 | credit protection, as of the end of the current 3-month | ||||||
| 3 | period; | ||||||
| 4 | (5) list all time periods during the past 3 months | ||||||
| 5 | during which the firm held net long or net short State of | ||||||
| 6 | Illinois CDS proprietary credit protection positions, the | ||||||
| 7 | amount of such positions, and whether those positions were | ||||||
| 8 | net long or net short credit protection positions; and | ||||||
| 9 | (6) indicate whether, within the previous 3 months, the | ||||||
| 10 | firm released any publicly available research or marketing | ||||||
| 11 | reports that reference State of Illinois CDS and include | ||||||
| 12 | those research or marketing reports as attachments. | ||||||
| 13 | (h) Notwithstanding any other provision of this Section, | ||||||
| 14 | for purposes of maximizing market efficiencies and cost | ||||||
| 15 | savings, State General Obligation Restructuring Bonds may be | ||||||
| 16 | issued and sold from time to time, in one or more series, in | ||||||
| 17 | such amounts and at such prices as may be directed by the | ||||||
| 18 | Governor, upon recommendation by the Director of the Governor's | ||||||
| 19 | Office of Management and Budget. State General Obligation | ||||||
| 20 | Restructuring Bonds shall be in such form, either coupon, | ||||||
| 21 | registered, or book entry, in such denominations, shall bear | ||||||
| 22 | interest payable at such times and at such fixed or variable | ||||||
| 23 | rate or rates, and be dated as shall be fixed and determined by | ||||||
| 24 | the Director of the Governor's Office of Management and Budget | ||||||
| 25 | in the order authorizing the issuance and sale of any series of | ||||||
| 26 | State General Obligation Restructuring Bonds, which order | ||||||
| |||||||
| |||||||
| 1 | shall be approved by the Governor and is herein called a "Bond | ||||||
| 2 | Sale Order"; provided, however, that interest payable at fixed | ||||||
| 3 | or variable rates shall not exceed that permitted in the Bond | ||||||
| 4 | Authorization Act. State General Obligation Restructuring | ||||||
| 5 | Bonds shall be payable at such place or places, within or | ||||||
| 6 | without the State of Illinois, and may be made registrable as | ||||||
| 7 | to either principal or as to both principal and interest, as | ||||||
| 8 | shall be specified in the Bond Sale Order.
State General | ||||||
| 9 | Obligation Restructuring Bonds may be callable or subject to | ||||||
| 10 | purchase and retirement or tender and remarketing as fixed and | ||||||
| 11 | determined in the Bond Sale Order. | ||||||
| 12 | The aggregate principal and interest amounts of State | ||||||
| 13 | General Obligation Restructuring Bonds authorized by and | ||||||
| 14 | issued pursuant to this
amendatory Act of the 100th General | ||||||
| 15 | Assembly or other such amendatory Acts of the 100th General | ||||||
| 16 | Assembly authorizing the issuance of State General Obligation | ||||||
| 17 | Restructuring Bonds shall, in the aggregate, mature or be | ||||||
| 18 | subject to redemption in the annual percentages set forth in | ||||||
| 19 | the following schedule: | ||||||
| 20 | (1) for fiscal year 2019, 14.2857%; | ||||||
| 21 | (2) for fiscal year 2020, 14.2857%; | ||||||
| 22 | (3) for fiscal year 2021, 14.2857%; | ||||||
| 23 | (4) for fiscal year 2022, 14.2857%; | ||||||
| 24 | (5) for fiscal year 2023, 14.2857%; | ||||||
| 25 | (6) for fiscal year 2024, 14.2857%; and | ||||||
| 26 | (7) for fiscal year 2025, 14.2858%. | ||||||
| |||||||
| |||||||
| 1 | Notwithstanding the foregoing, the principal amounts | ||||||
| 2 | calculated above shall be in increments of $5,000. Moreover, | ||||||
| 3 | the percentages set forth in items (1) through (7) shall be | ||||||
| 4 | applicable to the aggregate principal amount of State General | ||||||
| 5 | Obligation Restructuring Bonds authorized by this amendatory | ||||||
| 6 | Act of the 100th General
Assembly and any other amendatory Acts | ||||||
| 7 | of the 100th General Assembly authorizing State General | ||||||
| 8 | Obligation Restructuring Bonds. While individual series of | ||||||
| 9 | State General Obligation Restructuring Bonds as may be sold | ||||||
| 10 | from time to time need not be scheduled to mature or be subject | ||||||
| 11 | to redemption in accordance with the percentages above, | ||||||
| 12 | redemptions whether by maturity or sinking fund, in any fiscal | ||||||
| 13 | year for all State General Obligation Restructuring Bonds, in | ||||||
| 14 | the aggregate, shall be no less than the percentages shown | ||||||
| 15 | above. Notwithstanding the foregoing, in the event that fewer | ||||||
| 16 | than all of the State General Obligation Restructuring Bonds | ||||||
| 17 | authorized by this amendatory Act of the 100th General
Assembly | ||||||
| 18 | have been issued by September 1, 2017, failure of the | ||||||
| 19 | then-outstanding State General Obligation Restructuring Bonds | ||||||
| 20 | to satisfy the repayment schedule set forth above shall not | ||||||
| 21 | affect the validity of any of those outstanding Bonds. | ||||||
| 22 | (Source: P.A. 99-523, eff. 6-30-16.)
| ||||||
| 23 | (30 ILCS 330/11) (from Ch. 127, par. 661)
| ||||||
| 24 | Sec. 11. Sale of Bonds. Except as otherwise provided in | ||||||
| 25 | this Section,
Bonds shall be sold from time to time pursuant to
| ||||||
| |||||||
| |||||||
| 1 | notice of sale and public bid or by negotiated sale
in such | ||||||
| 2 | amounts and at such
times as is directed by the Governor, upon | ||||||
| 3 | recommendation by the Director of
the
Governor's Office of | ||||||
| 4 | Management and Budget. At least 25%, based on total principal | ||||||
| 5 | amount, of all Bonds issued each fiscal year shall be sold | ||||||
| 6 | pursuant to notice of sale and public bid. At all times during | ||||||
| 7 | each fiscal year, no more than 75%, based on total principal | ||||||
| 8 | amount, of the Bonds issued each fiscal year, shall have been | ||||||
| 9 | sold by negotiated sale. Failure to satisfy the requirements in | ||||||
| 10 | the preceding 2 sentences shall not affect the validity of any | ||||||
| 11 | previously issued Bonds; provided that all Bonds authorized by | ||||||
| 12 | Public Act 96-43 and Public Act 96-1497 shall not be included | ||||||
| 13 | in determining compliance for any fiscal year with the | ||||||
| 14 | requirements of the preceding 2 sentences; and further provided | ||||||
| 15 | that refunding Bonds satisfying the requirements of Section 16 | ||||||
| 16 | of this Act and sold during fiscal year 2009, 2010, 2011, or | ||||||
| 17 | 2017 shall not be subject to the requirements in the preceding | ||||||
| 18 | 2 sentences.
| ||||||
| 19 | If
any Bonds, including refunding Bonds, are to be sold by | ||||||
| 20 | negotiated
sale, the
Director of the
Governor's Office of | ||||||
| 21 | Management and Budget
shall comply with the
competitive request | ||||||
| 22 | for proposal process set forth in the Illinois
Procurement Code | ||||||
| 23 | and all other applicable requirements of that Code.
| ||||||
| 24 | If Bonds are to be sold pursuant to notice of sale and | ||||||
| 25 | public bid, the
Director of the
Governor's Office of Management | ||||||
| 26 | and Budget may, from time to time, as Bonds are to be sold, | ||||||
| |||||||
| |||||||
| 1 | advertise
the sale of the Bonds in at least 2 daily newspapers, | ||||||
| 2 | one of which is
published in the City of Springfield and one in | ||||||
| 3 | the City of Chicago. The sale
of the Bonds shall also be
| ||||||
| 4 | advertised in the volume of the Illinois Procurement Bulletin | ||||||
| 5 | that is
published by the Department of Central Management | ||||||
| 6 | Services, and shall be published once at least
10 days prior to | ||||||
| 7 | the date fixed
for the opening of the bids. The Director of the
| ||||||
| 8 | Governor's Office of Management and Budget may
reschedule the | ||||||
| 9 | date of sale upon the giving of such additional notice as the
| ||||||
| 10 | Director deems adequate to inform prospective bidders of
such | ||||||
| 11 | change; provided, however, that all other conditions of the | ||||||
| 12 | sale shall
continue as originally advertised.
| ||||||
| 13 | Executed Bonds shall, upon payment therefor, be delivered | ||||||
| 14 | to the purchaser,
and the proceeds of Bonds shall be paid into | ||||||
| 15 | the State Treasury as directed by
Section 12 of this Act.
| ||||||
| 16 | All State General Obligation Restructuring Bonds shall | ||||||
| 17 | comply with this Section. Notwithstanding anything to the | ||||||
| 18 | contrary, however, for purposes of complying with this Section, | ||||||
| 19 | State General Obligation Restructuring Bonds, regardless of | ||||||
| 20 | the number of series or issuances sold thereunder, shall be
| ||||||
| 21 | considered a single issue or series. Furthermore, for purposes | ||||||
| 22 | of complying with the competitive bidding requirements of this | ||||||
| 23 | Section, the words "at all times" shall not apply to any such | ||||||
| 24 | sale of the State General Obligation Restructuring Bonds. The | ||||||
| 25 | Director of the Governor's Office of Management and Budget | ||||||
| 26 | shall determine the time and manner of any competitive sale of | ||||||
| |||||||
| |||||||
| 1 | the State General Obligation Restructuring Bonds; however, | ||||||
| 2 | that sale shall under no circumstances take place later than 60 | ||||||
| 3 | days after the State closes the sale of 75% of the State | ||||||
| 4 | General Obligation Restructuring Bonds by negotiated sale. | ||||||
| 5 | (Source: P.A. 98-44, eff. 6-28-13; 99-523, eff. 6-30-16.)
| ||||||
| 6 | (30 ILCS 330/12) (from Ch. 127, par. 662)
| ||||||
| 7 | Sec. 12. Allocation of Proceeds from Sale of Bonds.
| ||||||
| 8 | (a) Proceeds from the sale of Bonds, authorized by Section | ||||||
| 9 | 3 of this Act,
shall be deposited in the separate fund known as | ||||||
| 10 | the Capital Development Fund.
| ||||||
| 11 | (b) Proceeds from the sale of Bonds, authorized by | ||||||
| 12 | paragraph (a) of Section
4 of this Act, shall be deposited in | ||||||
| 13 | the separate fund known as the
Transportation Bond, Series A | ||||||
| 14 | Fund.
| ||||||
| 15 | (c) Proceeds from the sale of Bonds, authorized by | ||||||
| 16 | paragraphs (b) and (c)
of Section 4 of this Act, shall be | ||||||
| 17 | deposited in the separate fund known
as the Transportation | ||||||
| 18 | Bond, Series B Fund.
| ||||||
| 19 | (c-1) Proceeds from the sale of Bonds, authorized by | ||||||
| 20 | paragraph (d) of Section 4 of this Act, shall be deposited into | ||||||
| 21 | the Transportation Bond Series D Fund, which is hereby created. | ||||||
| 22 | (d) Proceeds from the sale of Bonds, authorized by Section | ||||||
| 23 | 5 of this
Act, shall be deposited in the separate fund known as | ||||||
| 24 | the School Construction
Fund.
| ||||||
| 25 | (e) Proceeds from the sale of Bonds, authorized by Section | ||||||
| |||||||
| |||||||
| 1 | 6 of this Act,
shall be deposited in the separate fund known as | ||||||
| 2 | the Anti-Pollution Fund.
| ||||||
| 3 | (f) Proceeds from the sale of Bonds, authorized by Section | ||||||
| 4 | 7 of this Act,
shall be deposited in the separate fund known as | ||||||
| 5 | the Coal Development Fund.
| ||||||
| 6 | (f-2) Proceeds from the sale of Bonds, authorized by | ||||||
| 7 | Section 7.2 of this
Act, shall be deposited as set forth in | ||||||
| 8 | Section 7.2.
| ||||||
| 9 | (f-5) Proceeds from the sale of Bonds, authorized by | ||||||
| 10 | Section 7.5 of this
Act, shall be deposited as set forth in | ||||||
| 11 | Section 7.5.
| ||||||
| 12 | (f-7) Proceeds from the sale of Bonds, authorized by | ||||||
| 13 | Section 7.6 of this Act, shall be deposited as set forth in | ||||||
| 14 | Section 7.6. | ||||||
| 15 | (g) Proceeds from the sale of Bonds, authorized by Section | ||||||
| 16 | 8 of this Act,
shall be deposited in
the Capital Development | ||||||
| 17 | Fund.
| ||||||
| 18 | (h) Subsequent to the issuance of any Bonds for the | ||||||
| 19 | purposes described
in Sections 2 through 8 of this Act, the | ||||||
| 20 | Governor and the Director of the
Governor's Office of | ||||||
| 21 | Management and Budget may provide for the reallocation of | ||||||
| 22 | unspent proceeds
of such Bonds to any other purposes authorized | ||||||
| 23 | under said Sections of this
Act, subject to the limitations on | ||||||
| 24 | aggregate principal amounts contained
therein. Upon any such | ||||||
| 25 | reallocation, such unspent proceeds shall be
transferred to the | ||||||
| 26 | appropriate funds as determined by reference to
paragraphs (a) | ||||||
| |||||||
| |||||||
| 1 | through (g) of this Section.
| ||||||
| 2 | (Source: P.A. 96-36, eff. 7-13-09.)
| ||||||
| 3 | (30 ILCS 330/13) (from Ch. 127, par. 663)
| ||||||
| 4 | Sec. 13. Appropriation of Proceeds from Sale of Bonds.
| ||||||
| 5 | (a) At all times, the proceeds from the sale of Bonds | ||||||
| 6 | issued pursuant
to this Act are subject to appropriation by the | ||||||
| 7 | General Assembly and,
except as provided in Sections Section | ||||||
| 8 | 7.2 and 7.6, may be obligated or expended only
with the written | ||||||
| 9 | approval of the Governor, in such amounts, at such times,
and | ||||||
| 10 | for such purposes as the respective
State agencies, as defined | ||||||
| 11 | in Section 1-7 of the Illinois State Auditing
Act, as amended, | ||||||
| 12 | deem necessary or desirable for the specific purposes
| ||||||
| 13 | contemplated in Sections 2 through 8 of this Act. | ||||||
| 14 | Notwithstanding any other provision of this Act, proceeds from | ||||||
| 15 | the sale of Bonds issued pursuant to this Act appropriated by | ||||||
| 16 | the General Assembly to the Architect of the Capitol may be | ||||||
| 17 | obligated or expended by the Architect of the Capitol without | ||||||
| 18 | the written approval of the Governor.
| ||||||
| 19 | (b) Proceeds from the sale of Bonds for the purpose of | ||||||
| 20 | development of
coal and alternative forms of energy shall be | ||||||
| 21 | expended in such amounts and
at such times as the Department of | ||||||
| 22 | Commerce and Economic Opportunity, with the
advice and | ||||||
| 23 | recommendation of the Illinois Coal Development Board for coal
| ||||||
| 24 | development projects, may deem necessary and desirable for the | ||||||
| 25 | specific
purpose contemplated by Section 7 of this Act. In | ||||||
| |||||||
| |||||||
| 1 | considering the approval
of projects to be funded, the | ||||||
| 2 | Department of Commerce and
Economic Opportunity shall give
| ||||||
| 3 | special
consideration to projects designed to remove sulfur and | ||||||
| 4 | other pollutants in
the preparation and utilization of coal, | ||||||
| 5 | and in the use and operation of
electric utility generating | ||||||
| 6 | plants and industrial facilities which utilize
Illinois coal as | ||||||
| 7 | their primary source of fuel.
| ||||||
| 8 | (c) Except as directed in subsection (c-1) or (c-2), any | ||||||
| 9 | monies received by any officer or employee of the state
| ||||||
| 10 | representing a reimbursement of expenditures previously paid | ||||||
| 11 | from general
obligation bond proceeds shall be deposited into | ||||||
| 12 | the General Obligation
Bond Retirement and Interest Fund | ||||||
| 13 | authorized in Section 14 of this Act.
| ||||||
| 14 | (c-1) Any money received by the Department of | ||||||
| 15 | Transportation as reimbursement for expenditures for high | ||||||
| 16 | speed rail purposes pursuant to appropriations from the | ||||||
| 17 | Transportation Bond, Series B Fund for (i) CREATE (Chicago | ||||||
| 18 | Region Environmental and Transportation Efficiency), (ii) High | ||||||
| 19 | Speed Rail, or (iii) AMTRAK projects authorized by the federal | ||||||
| 20 | government under the provisions of the American Recovery and | ||||||
| 21 | Reinvestment Act of 2009 or the Safe Accountable Flexible | ||||||
| 22 | Efficient Transportation Equity Act�A Legacy for Users | ||||||
| 23 | (SAFETEA-LU), or any successor federal transportation | ||||||
| 24 | authorization Act, shall be deposited into the Federal High | ||||||
| 25 | Speed Rail Trust Fund. | ||||||
| 26 | (c-2) Any money received by the Department of | ||||||
| |||||||
| |||||||
| 1 | Transportation as reimbursement for expenditures for transit | ||||||
| 2 | capital purposes pursuant to appropriations from the | ||||||
| 3 | Transportation Bond, Series B Fund for projects authorized by | ||||||
| 4 | the federal government under the provisions of the American | ||||||
| 5 | Recovery and Reinvestment Act of 2009 or the Safe Accountable | ||||||
| 6 | Flexible Efficient Transportation Equity Act�A Legacy for | ||||||
| 7 | Users (SAFETEA-LU), or any successor federal transportation | ||||||
| 8 | authorization Act, shall be deposited into the Federal Mass | ||||||
| 9 | Transit Trust Fund. | ||||||
| 10 | (Source: P.A. 98-674, eff. 6-30-14.)
| ||||||
| 11 | Section 99. Effective date. This Act takes effect upon | ||||||
| 12 | becoming law.".
| ||||||
