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Public Act 096-0018 |
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AN ACT concerning finance.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The General Obligation Bond Act is amended by | ||||
changing Sections 9, 11, and 16 as follows:
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(30 ILCS 330/9) (from Ch. 127, par. 659)
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Sec. 9. Conditions for Issuance and Sale of Bonds - | ||||
Requirements for
Bonds. | ||||
(a) Except as otherwise provided in this subsection, 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 (i) except for refunding Bonds satisfying the | ||
requirements of Section 16 of this Act and sold during fiscal | ||
year 2009, 2010, or 2011, 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 , with Bonds issued maturing or 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 .
| ||
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.
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(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.
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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
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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.
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(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%.
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(Source: P.A. 92-16, eff. 6-28-01; 93-9, eff. 6-3-03; 93-666, | ||
eff. 3-5-04; 93-839, eff. 7-30-04.)
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(30 ILCS 330/11) (from Ch. 127, par. 661)
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Sec. 11. Sale of Bonds. Except as otherwise provided in | ||
this Section,
Bonds shall be sold from time to time pursuant to
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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 ; and further provided that refunding | ||
Bonds satisfying the requirements of Section 16 of this Act and | ||
sold during fiscal year 2009, 2010, or 2011 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.
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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 shall, 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. Each of
the advertisements for
proposals 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.
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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.
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(Source: P.A. 93-839, eff. 7-30-04.)
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(30 ILCS 330/16) (from Ch. 127, par. 666)
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Sec. 16. Refunding Bonds. The State of Illinois is | ||
authorized to issue,
sell, and provide for the retirement of | ||
General Obligation Bonds of the State
of Illinois in the amount | ||
of $4,839,025,000 $2,839,025,000 , at any time and
from time to | ||
time outstanding, for the purpose of refunding
any State of | ||
Illinois general obligation Bonds then outstanding, including
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the payment of any redemption premium thereon, any reasonable | ||
expenses of
such refunding, any interest accrued or to accrue | ||
to the earliest
or any subsequent date of redemption or | ||
maturity of such outstanding
Bonds and any interest to accrue | ||
to the first interest payment on the
refunding Bonds; provided | ||
that all non-refunding Bonds in an issue that includes
| ||
refunding Bonds shall mature no later
than the final maturity | ||
date of Bonds being refunded; provided that no refunding Bonds | ||
shall be offered for sale unless the net present value of debt |
service savings to be achieved by the issuance of the refunding | ||
Bonds is 3% or more of the principal amount of the refunding | ||
Bonds to be issued; and further provided that , except for | ||
refunding Bonds sold in fiscal year 2009, 2010, or 2011, the | ||
maturities of the refunding Bonds shall not extend beyond the | ||
maturities of the Bonds they refund, so that for each fiscal | ||
year in the maturity schedule of a particular issue of | ||
refunding Bonds, the total amount of refunding principal | ||
maturing and redemption amounts due in that fiscal year and all | ||
prior fiscal years in that schedule shall be greater than or | ||
equal to the total amount of refunded principal and redemption | ||
amounts that had been due over that year and all prior fiscal | ||
years prior to the refunding.
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The Governor shall notify the State Treasurer and
| ||
Comptroller of such refunding. The proceeds received from the | ||
sale
of refunding Bonds shall be used for the retirement at | ||
maturity or
redemption of such outstanding Bonds on any | ||
maturity or redemption date
and, pending such use, shall be | ||
placed in escrow, subject to such terms and
conditions as shall | ||
be provided for in the Bond Sale Order relating to the
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Refunding Bonds. Proceeds not needed for deposit in an escrow | ||
account shall
be deposited in the General Obligation Bond | ||
Retirement and Interest Fund.
This Act shall constitute an | ||
irrevocable and continuing appropriation of all
amounts | ||
necessary to establish an escrow account for the purpose of | ||
refunding
outstanding general obligation Bonds and to pay the |
reasonable expenses of such
refunding and of the issuance and | ||
sale of the refunding Bonds. Any such
escrowed proceeds may be | ||
invested and reinvested
in direct obligations of the United | ||
States of America, maturing at such
time or times as shall be | ||
appropriate to assure the
prompt payment, when due, of the | ||
principal of and interest and redemption
premium, if any,
on | ||
the refunded Bonds. After the terms of the escrow have been | ||
fully
satisfied, any remaining balance of such proceeds and | ||
interest, income and
profits earned or realized on the | ||
investments thereof shall be paid into
the General Revenue | ||
Fund. The liability of the State upon the Bonds shall
continue, | ||
provided that the holders thereof shall thereafter be entitled | ||
to
payment only out of the moneys deposited in the escrow | ||
account.
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Except as otherwise herein provided in this Section, such | ||
refunding Bonds
shall in all other respects be subject to the | ||
terms and conditions of this Act.
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(Source: P.A. 93-839, eff. 7-30-04.)
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Section 10. The Build Illinois Bond Act is amended by | ||
changing Sections 6, 8, and 15 as follows:
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(30 ILCS 425/6) (from Ch. 127, par. 2806)
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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, or 2011, 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 , with Bonds issued maturing or 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 .
| ||
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.
| ||
(Source: P.A. 93-839, eff. 7-30-04.)
| ||
(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, or 2011 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 shall, 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. Each of
the advertisements for
proposals 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. 93-839, eff. 7-30-04.)
| ||
(30 ILCS 425/15) (from Ch. 127, par. 2815)
| ||
Sec. 15. Refunding Bonds. Refunding Bonds are hereby | ||
authorized for
the purpose of refunding any outstanding Bonds, | ||
including the payment of
any redemption premium thereon, any | ||
reasonable expenses of such refunding,
and any interest accrued | ||
or to accrue to the earliest or any subsequent
date of | ||
redemption or maturity of outstanding Bonds; provided that all | ||
non-refunding Bonds in an issue that includes
refunding Bonds | ||
shall mature no later than the final maturity date of Bonds
| ||
being refunded; provided that no refunding Bonds shall be | ||
offered for sale unless the net present value of debt service | ||
savings to be achieved by the issuance of the refunding Bonds | ||
is 3% or more of the principal amount of the refunding Bonds to | ||
be issued; and further provided that , except for refunding | ||
Bonds sold in fiscal year 2009, 2010, or 2011, the maturities | ||
of the refunding Bonds shall not extend beyond the maturities | ||
of the Bonds they refund, so that for each fiscal year in the | ||
maturity schedule of a particular issue of refunding Bonds, the |
total amount of refunding principal maturing and redemption | ||
amounts due in that fiscal year and all prior fiscal years in | ||
that schedule shall be greater than or equal to the total | ||
amount of refunded principal and redemption amounts that had | ||
been due over that year and all prior fiscal years prior to the | ||
refunding.
| ||
Refunding Bonds may be sold in such amounts and at such | ||
times, as
directed by the Governor upon
recommendation by the | ||
Director of the
Governor's Office of Management and Budget. The | ||
Governor
shall notify the State Treasurer and
Comptroller of | ||
such refunding. The proceeds received from the sale of
| ||
refunding Bonds shall be used
for the retirement at maturity or | ||
redemption of such outstanding Bonds on
any maturity or | ||
redemption date and, pending such use, shall be placed in
| ||
escrow, subject to such terms and conditions as shall be | ||
provided for in
the Bond Sale Order relating to the refunding | ||
Bonds. This Act shall
constitute an irrevocable and continuing
| ||
appropriation of all amounts necessary to establish an escrow | ||
account for
the purpose of refunding outstanding Bonds and to | ||
pay the reasonable
expenses of such refunding and of the | ||
issuance and sale of the refunding
Bonds. Any such escrowed | ||
proceeds may be invested and
reinvested in direct obligations | ||
of the United States of America, maturing
at such time or times | ||
as shall be appropriate to assure the prompt payment,
when due,
| ||
of the principal of and interest and redemption premium, if | ||
any, on the
refunded Bonds. After the terms of the escrow have |
been fully satisfied,
any remaining balance of such proceeds | ||
and interest, income and profits
earned or realized on the | ||
investments thereof shall be paid into the
General Revenue | ||
Fund. The liability of the State upon the refunded Bonds
shall | ||
continue, provided that the holders thereof shall thereafter be
| ||
entitled to payment only out of the moneys deposited in the | ||
escrow account
and the refunded Bonds shall be deemed paid, | ||
discharged and no longer to be
outstanding.
| ||
Except as otherwise herein provided in this Section, such | ||
refunding Bonds
shall in all other respects be issued pursuant | ||
to and subject to the terms
and conditions of this Act and | ||
shall be secured by and payable from only the
funds and sources | ||
which are provided under this Act.
| ||
(Source: P.A. 93-839, eff. 7-30-04.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
|