(30 ILCS 330/1.5)
Sec. 1.5.
Re‑enactment; findings; purpose; validation.
(a) The General Assembly finds and declares that:
(1) Article IV of Public Act 85‑1135, effective July |
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28, 1988, contained provisions amending or creating Sections 2, 3, 16, and 20 of the General Obligation Bond Act, Section 5.242 of the State Finance Act, and Section 4 of the Baccalaureate Savings Act, all of which pertain to State general obligation bonds. These provisions (i) increased the total authorization for State of Illinois general obligation bonds and refunding bonds; (ii) increased the limits on the amount of State general obligation bond proceeds that may be used for various purposes; and (iii) created the General Obligation Bond Rebate Fund, authorized the transfer of money into that Fund, and provided an irrevocable continuing appropriation of amounts necessary to preserve the tax‑free status of interest earned by owners of State general obligation bonds. Article IV also contained other provisions.
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(2) Section 8 of Article III of Public Act 85‑1135,
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effective September 1, 1988, contained provisions amending Sections 2, 4, 11, and 13 of the Build Illinois Bond Act. These provisions (i) increased the total authorization for Build Illinois bonds; (ii) increased the limits on the amount of Build Illinois bond proceeds that may be used for public infrastructure purposes; and (iii) amended the Build Illinois bond repayment schedules.
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(3) In addition, Public Act 85‑1135 contained
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provisions relating to tax reform and creating the Water Pollution Control Revolving Fund loan program.
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(4) On August 26, 1998, the Cook County Circuit
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Court entered an order in the case of Oak Park Arms Associates v. Whitley (No. 92 L 51045), in which it found that Public Act 85‑1135 violates the single subject clause of the Illinois Constitution (Article IV, Section 8(d)). However, on December 7, 1998, the Circuit Court granted Defendant's motion to reconsider and dismissed the Plaintiff's Single Subject claim with prejudice. Nevertheless, the Circuit Court did not vacate its August 26, 1998 order declaring P.A. 85‑1135 to be in violation of the Single Subject clause of the Illinois Constitution. In addition, the Plaintiffs have appealed the Circuit Court's dismissal of their Single Subject claim.
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(5) The integrity of the State's contracts and
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bonds, the protection of bondholders, and the State's continued ability to issue bonds and borrow money are of the greatest importance for the continued health, safety, and welfare of the people of this State.
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(6) The programs and projects funded with the
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proceeds of State general obligation bonds and Build Illinois bonds affect many areas of vital concern to the people of this State. The disruption of those programs could constitute a grave threat to the continued health, safety, and welfare of the people of this State.
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(b) It is the purpose of this amendatory Act of 1999 to prevent
or minimize any problems relating to State bonds that may result from
challenges to the constitutional validity of Public Act 85‑1135, by (1)
re‑enacting the Sections relating to State bonds that were included in Public
Act 85‑1135; (2) validating all Build Illinois bonds, State general obligation
bonds, and refunding bonds issued pursuant to provisions contained in Public
Act 85‑1135; (3) affirming the State's obligations under those bonds and any
contracts relating to them; and (4) validating all actions taken in reliance
on the provisions contained in Public Act 85‑1135 that relate to those bonds
or their proceeds.
(c) This amendatory Act of 1999 re‑enacts Sections 2, 3, 16, and 20 of
the General Obligation Bond Act, Section 5.242 of the State Finance Act,
Sections 2, 4, 11, and 13 of the Build Illinois Bond Act, and Section 4
of the Baccalaureate Savings Act, as they have been amended.
This re‑enactment is intended to remove any question as to the validity or
content of those Sections; it is not intended to supersede any other Public
Act that amends the text of a Section as set forth in this amendatory Act.
The material is shown as existing text (i.e., without underscoring) because, as
of the time this
amendatory Act of 1999 was prepared, the legal challenge to P.A. 85‑1135
under the Single Subject clause of the Illinois Constitution was dismissed
with prejudice.
(d) The re‑enactment by this amendatory Act of 1999 of certain Sections
relating to State bonds that were enacted or amended by Public Act 85‑1135 is
not intended, and shall not be construed, to imply that P.A. 85‑1135 is invalid
or to limit or impair any legal argument concerning whether those provisions
were substantially re‑enacted by other Public Acts.
(e) All Build Illinois bonds, State general obligation bonds, and refunding
bonds issued before the effective date of this amendatory Act of 1999 in
reliance on or pursuant to the Sections re‑enacted by this amendatory Act of
1999, as set forth in Public Act 85‑1135 or as subsequently amended, are hereby
validated. All obligations of the State arising under or in connection with
those bonds are hereby affirmed.
(f) All otherwise lawful actions taken before the effective date of this
amendatory Act of 1999 in reliance on or pursuant to the Sections re‑enacted
by this amendatory Act of 1999, as set forth in Public Act 85‑1135 or as
subsequently amended, by any officer, employee, or agency of State government
or by any other person or entity, are hereby validated.
(g) This amendatory Act of 1999 applies, without limitation, to actions
pending on or after the effective date of this amendatory Act.
(Source: P.A. 91‑53, eff. 6‑30‑99.)
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(30 ILCS 330/3) (from Ch. 127, par. 653)
Sec. 3.
Capital Facilities.
The amount of $7,320,235,369 is authorized
to be used for the acquisition, development, construction, reconstruction,
improvement, financing, architectural planning and installation of capital
facilities within the State, consisting of buildings, structures, durable
equipment, land, and interests in land for the following specific purposes:
(a) $2,211,228,000 for educational purposes by State |
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universities and colleges, the Illinois Community College Board created by the Public Community College Act and for grants to public community colleges as authorized by Sections 5‑11 and 5‑12 of the Public Community College Act;
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(b) $1,607,420,000 for correctional purposes at
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State prison and correctional centers;
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(c) $531,175,000 for open spaces, recreational and
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conservation purposes and the protection of land;
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(d) $589,917,000 for child care facilities, mental
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and public health facilities, and facilities for the care of disabled veterans and their spouses;
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(e) $1,455,990,000 for use by the State, its
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departments, authorities, public corporations, commissions and agencies;
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(f) $818,100 for cargo handling facilities at port
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districts and for breakwaters, including harbor entrances, at port districts in conjunction with facilities for small boats and pleasure crafts;
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(g) $204,657,000 for water resource management
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(h) $16,940,269 for the provision of facilities for
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food production research and related instructional and public service activities at the State universities and public community colleges;
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(i) $36,000,000 for grants by the Secretary of
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State, as State Librarian, for central library facilities authorized by Section 8 of the Illinois Library System Act and for grants by the Capital Development Board to units of local government for public library facilities;
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(j) $25,000,000 for the acquisition, development,
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construction, reconstruction, improvement, financing, architectural planning and installation of capital facilities consisting of buildings, structures, durable equipment and land for grants to counties, municipalities or public building commissions with correctional facilities that do not comply with the minimum standards of the Department of Corrections under Section 3‑15‑2 of the Unified Code of Corrections;
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(k) $5,000,000 for grants in fiscal year 1988 by the
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Department of Conservation for improvement or expansion of aquarium facilities located on property owned by a park district;
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(l) $432,590,000 to State agencies for grants to
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local governments for the acquisition, financing, architectural planning, development, alteration, installation, and construction of capital facilities consisting of buildings, structures, durable equipment, and land; and
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(m) $203,500,000 for the Illinois Open Land Trust
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Program as defined by the Illinois Open Land Trust Act.
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The amounts authorized above for capital facilities may be used
for the acquisition, installation, alteration, construction, or
reconstruction of capital facilities and for the purchase of equipment
for the purpose of major capital improvements which will reduce energy
consumption in State buildings or facilities.
(Source: P.A. 91‑39, 6‑15‑99; 91‑53, eff. 6‑30‑99; 91‑710, eff. 5‑17‑00;
92‑13, eff. 6‑22‑01; 92‑598, eff. 6‑28‑02.)
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(30 ILCS 330/4) (from Ch. 127, par. 654)
Sec. 4.
Transportation.
The amount of $5,313,399,000
is authorized for use by the Department of Transportation for the specific
purpose of promoting and assuring rapid, efficient, and safe highway, air and
mass transportation for the inhabitants of the State by providing monies,
including the making of grants and loans, for the acquisition, construction,
reconstruction, extension and improvement of the following transportation
facilities and equipment, and for the acquisition of real property and
interests in real property required or expected to be required in connection
therewith as follows:
(a) $3,432,129,000 for State highways, arterial
highways, freeways,
roads, bridges, structures separating highways and railroads and roads, and
bridges on roads maintained by counties, municipalities, townships or road
districts for the following specific purposes:
(1) $3,330,000,000 for use statewide,
(2) $3,677,000 for use outside the Chicago urbanized |
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(3) $7,543,000 for use within the Chicago urbanized
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(4) $13,060,600 for use within the City of Chicago,
(5) $58,987,500 for use within the counties of Cook,
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DuPage, Kane, Lake, McHenry and Will, and
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(6) $18,860,900 for use outside the counties of
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Cook, DuPage, Kane, Lake, McHenry and Will.
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(b) $1,529,670,000 for rail facilities and for
mass transit facilities, as defined in Section 2705‑305 of the Department of
Transportation Law (20 ILCS 2705/2705‑305), including rapid transit, rail, bus
and other equipment used in connection therewith by the State or any unit of
local government, special transportation district, municipal corporation or
other corporation or public authority authorized to provide and promote public
transportation within the State or two or more of the foregoing jointly, for
the following specific purposes:
(1) $1,433,870,000 statewide,
(2) $83,350,000 for use within the counties of Cook,
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DuPage, Kane, Lake, McHenry and Will,
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(3) $12,450,000 for use outside the counties of
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Cook, DuPage, Kane, Lake, McHenry and Will.
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(c) $351,600,000 for airport or aviation facilities and any equipment used
in connection therewith, including engineering and land acquisition costs,
by the State or any unit of local government, special transportation district,
municipal corporation or other corporation or public authority authorized
to provide public transportation within the State, or two or more of the
foregoing acting jointly, and for the making of deposits into the Airport
Land Loan Revolving Fund for loans to public airport owners pursuant to the
Illinois Aeronautics Act.
(Source: P.A. 91‑39, eff. 6‑15‑99; 91‑239, eff. 1‑1‑00; 91‑712, eff. 7‑1‑00;
92‑13, eff. 6‑22‑01.)
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(30 ILCS 330/5) (from Ch. 127, par. 655)
Sec. 5.
School Construction.
(a) The amount of $58,450,000 is authorized to
make grants to local school
districts for the acquisition, development, construction, reconstruction,
rehabilitation, improvement, financing, architectural planning and
installation of capital facilities, including but not limited to those
required for special
education building projects provided for in Article 14 of The School Code,
consisting of buildings, structures, and durable equipment, and for the
acquisition and improvement of real property and interests in real property
required, or expected to be required, in connection therewith.
(b) $22,550,000, or so much thereof as may be necessary, for grants to
school districts for the making of principal and interest payments, required
to be made, on bonds issued by such school districts after January 1, 1969,
pursuant to any indenture, ordinance, resolution, agreement or contract
to provide funds for the acquisition, development, construction,
reconstruction, rehabilitation, improvement, architectural planning and installation of
capital facilities consisting of buildings, structures, durable equipment
and land for educational purposes or for lease payments required to be made
by a school district for principal and interest payments on bonds issued
by a Public Building Commission after January 1, 1969.
(c) $10,000,000 for grants to school districts for the acquisition,
development, construction, reconstruction, rehabilitation, improvement,
architectural
planning and installation of capital facilities consisting of buildings
structures, durable equipment and land for special education building projects.
(d) $9,000,000 for grants to school districts for the reconstruction,
rehabilitation, improvement, financing and architectural planning of capital
facilities, including construction at another location to replace such capital
facilities, consisting of those public school buildings and temporary school
facilities which, prior to January 1, 1984, were condemned by the regional
superintendent under Section 3‑14.22 of The School Code or by any State
official having jurisdiction over building safety.
(e) $3,050,000,000 for grants to school districts for
school improvement
projects authorized by the School Construction Law. The bonds shall be sold in
amounts not to exceed the following schedule, except any bonds not sold during
one year shall be added to the bonds to be sold during the remainder of the
schedule:
First year....................................$200,000,000
Second year...................................$450,000,000
Third year....................................$500,000,000
Fourth year...................................$500,000,000
Fifth year....................................$800,000,000
Sixth year and thereafter.....................$600,000,000
(Source: P.A. 91‑39, eff. 6‑15‑99; 92‑598, eff. 6‑28‑02.)
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(30 ILCS 330/7.2)
Sec. 7.2.
State pension funding.
(a) The amount of $10,000,000,000 is authorized to be used for the
purpose of making contributions to the designated retirement systems.
For the purposes of this Section, "designated retirement systems" means
the State Employees' Retirement System of Illinois;
the Teachers' Retirement System of the State of Illinois;
the State Universities Retirement System;
the Judges Retirement System of Illinois; and
the General Assembly Retirement System.
(b) The Pension Contribution Fund is created as a special fund in the
State Treasury.
The proceeds of the additional $10,000,000,000 of Bonds authorized by this
amendatory Act of the 93rd General Assembly, less the amounts authorized in the
Bond Sale Order to be deposited directly into the capitalized interest account
of the General Obligation Bond Retirement and Interest Fund or otherwise
directly paid out for bond sale expenses under Section 8, shall be deposited
into the Pension Contribution Fund and used as provided in this Section.
(c) Of the amount of Bond proceeds first deposited into the Pension
Contribution Fund, there shall be reserved for transfers under this subsection
the sum of $300,000,000, representing the required State contributions to the
designated retirement systems for the last quarter of State fiscal year 2003,
plus the sum of $1,860,000,000, representing the required State contributions
to the designated retirement systems for State fiscal year 2004.
Upon the deposit of sufficient moneys into the Pension Contribution
Fund, the Comptroller and Treasurer shall immediately transfer the sum of
$300,000,000 from the Pension Contribution Fund to the General Revenue Fund.
Whenever any payment of required State contributions for State fiscal year
2004 is made to one of the designated retirement systems, the Comptroller and
Treasurer shall, as soon as practicable, transfer from the Pension Contribution
Fund to the General Revenue Fund an amount equal to the amount of that payment
to the designated retirement system.
Beginning on the effective date of this amendatory Act of the 93rd
General Assembly, the transfers from the Pension Contribution Fund to
the General Revenue Fund shall be suspended until June 30, 2004, and
the remaining balance in the Pension Contribution Fund shall be
transferred directly to the designated retirement systems as provided
in Section 6z‑61 of the State Finance Act. On and after July 1, 2004, in the
event that
any amount is on deposit in the Pension Contribution Fund from time to
time, the Comptroller and
Treasurer shall continue to make such transfers based on fiscal year 2005
payments until the entire amount on deposit has been
transferred.
(d) All amounts deposited into the Pension Contribution Fund, other
than the amounts reserved for the transfers under subsection (c), shall be
appropriated to the designated retirement systems to reduce their actuarial
reserve deficiencies. The amount of the appropriation to each designated
retirement system shall constitute a portion of the total appropriation under
this subsection that is the same as that retirement system's portion of the
total actuarial reserve deficiency of the systems, as most recently determined
by the
Governor's Office of Management and Budget under Section 8.12 of the State Finance Act.
Within 15 days after any Bond proceeds in excess of the amounts initially
reserved under subsection (c) are deposited into the Pension Contribution
Fund, the
Governor's Office of Management and Budget shall (i) allocate those proceeds among the
designated retirement systems in proportion to their respective actuarial
reserve deficiencies, as most recently determined under Section 8.12 of the
State Finance Act, and (ii) certify those allocations to the designated
retirement systems and the Comptroller.
Upon receiving certification of an allocation under this subsection, a
designated retirement system shall submit to the Comptroller a voucher for
the amount of its allocation. The voucher shall be paid out of the amount
appropriated to that designated retirement system from the Pension Contribution
Fund pursuant to this subsection.
(Source: P.A. 93‑2, eff. 4‑7‑03; 93‑665, eff. 3‑5‑04.)
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(30 ILCS 330/19) (from Ch. 127, par. 669)
Sec. 19.
Investment of Money Not Needed for Current
Expenditures ‑ Application of Earnings.
(a) The State Treasurer may, with the Governor's approval, invest and
reinvest any money from the Capital Development Fund, the Transportation
Bond, Series A Fund, the Transportation Bond, Series B Fund, the School
Construction Fund, the Anti‑Pollution Fund, the Coal Development Fund and
the General Obligation Bond Retirement and Interest Fund, in the State
Treasury, which is not needed for current expenditures due or about to
become due from these funds.
(b) Monies received from the sale or redemption of investments from the
Transportation Bond, Series A Fund shall be deposited by the State
Treasurer in the Road Fund.
Monies received from the sale or redemption of investments from the
Capital Development Fund, the Transportation Bond, Series B Fund, the School
Construction Fund, the Anti‑Pollution Fund, and the Coal Development Fund
shall be deposited by the State Treasurer in the General Revenue Fund.
Monies from the sale or redemption of investments from the General
Obligation Bond Retirement and Interest Fund shall be deposited in the
General Obligation Bond Retirement and Interest Fund.
(c) Monies from the Capital Development Fund, the Transportation Bond,
Series A Fund, the Transportation Bond, Series B Fund, the School
Construction Fund, the Anti‑Pollution Fund, and the Coal Development Fund
may be invested as permitted in "AN ACT in relation to State moneys",
approved June 28, 1919, as amended and in "AN ACT relating to certain
investments of public funds by public agencies", approved July 23, 1943, as
amended. Monies from the General Obligation Bond Retirement and Interest
Fund may be invested in securities constituting direct obligations of the
United States Government, or obligations, the principal of and interest on which
are guaranteed by the United States Government, or certificates of deposit
of any state or national bank or savings and loan association.
For amounts not insured by the Federal Deposit Insurance Corporation or
the Federal Savings and Loan Insurance Corporation, as security the State
Treasurer shall accept securities constituting direct obligations of the
United States Government, or obligations, the principal of and interest on
which are guaranteed by the United States Government.
(d) Accrued interest paid to the State at the time of the delivery of
the Bonds shall be deposited into the General Obligation Bond Retirement and Interest
Fund in the State Treasury.
(Source: P.A. 84‑1248; 84‑1474.)
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