Illinois 2023-2024 Regular Session

Illinois House Bill HB2909 Compare Versions

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1+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2909 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new Amends the State Finance Act, the Bond Authorization Act, and the Illinois Mathematics and Science Academy Law. Sets forth certain types of revenue the Illinois Mathematics and Science Academy may retain in its own treasury. Provide that the Board of Trustees of the Academy is authorized to borrow money and issue and sell bonds for the purpose of acquiring, purchasing, completing, building, constructing, reconstructing, enlarging, improving, extending, or equipping buildings, structures, and facilities that are required by or are necessary for the use or benefit of the Academy. Provides that such bonds shall be payable only from tuition, fee, and room and board revenue and from other funds authorized by law to be used for such purpose and applied as a supplement to such revenue. Sets forth other provisions concerning the issuance of bonds by the Academy, including the execution and delivery of trust agreements to a bank or trust company and the adoption of a resolution or resolutions describing in a general way the contemplated facility or facilities designated as the project or projects and the estimated cost. Effective immediately. LRB103 05327 NHT 57083 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2909 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: 30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new 30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new Amends the State Finance Act, the Bond Authorization Act, and the Illinois Mathematics and Science Academy Law. Sets forth certain types of revenue the Illinois Mathematics and Science Academy may retain in its own treasury. Provide that the Board of Trustees of the Academy is authorized to borrow money and issue and sell bonds for the purpose of acquiring, purchasing, completing, building, constructing, reconstructing, enlarging, improving, extending, or equipping buildings, structures, and facilities that are required by or are necessary for the use or benefit of the Academy. Provides that such bonds shall be payable only from tuition, fee, and room and board revenue and from other funds authorized by law to be used for such purpose and applied as a supplement to such revenue. Sets forth other provisions concerning the issuance of bonds by the Academy, including the execution and delivery of trust agreements to a bank or trust company and the adoption of a resolution or resolutions describing in a general way the contemplated facility or facilities designated as the project or projects and the estimated cost. Effective immediately. LRB103 05327 NHT 57083 b LRB103 05327 NHT 57083 b A BILL FOR
2+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2909 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
3+30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new 30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new
4+30 ILCS 105/6a-6 from Ch. 127, par. 142a6
5+30 ILCS 305/1 from Ch. 17, par. 6601
6+105 ILCS 305/4.5 new
7+Amends the State Finance Act, the Bond Authorization Act, and the Illinois Mathematics and Science Academy Law. Sets forth certain types of revenue the Illinois Mathematics and Science Academy may retain in its own treasury. Provide that the Board of Trustees of the Academy is authorized to borrow money and issue and sell bonds for the purpose of acquiring, purchasing, completing, building, constructing, reconstructing, enlarging, improving, extending, or equipping buildings, structures, and facilities that are required by or are necessary for the use or benefit of the Academy. Provides that such bonds shall be payable only from tuition, fee, and room and board revenue and from other funds authorized by law to be used for such purpose and applied as a supplement to such revenue. Sets forth other provisions concerning the issuance of bonds by the Academy, including the execution and delivery of trust agreements to a bank or trust company and the adoption of a resolution or resolutions describing in a general way the contemplated facility or facilities designated as the project or projects and the estimated cost. Effective immediately.
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313 1 AN ACT concerning education.
414 2 Be it enacted by the People of the State of Illinois,
515 3 represented in the General Assembly:
616 4 Section 5. The State Finance Act is amended by changing
717 5 Section 6a-6 as follows:
818 6 (30 ILCS 105/6a-6) (from Ch. 127, par. 142a6)
919 7 Sec. 6a-6. (1) Unless otherwise provided for in this
1020 8 Section, all items of income received by the Illinois
1121 9 Mathematics and Science Academy shall be deposited in a local
1222 10 clearing account paid into the State Treasury without delay
1323 11 and not later than 10 days after the receipt of such items of
1424 12 income. All such moneys shall be paid into a special fund in
1525 13 the State Treasury to be known as the "IMSA Income Fund". The
1626 14 General Assembly shall from time to time make appropriations
1727 15 payable from the IMSA Income Fund for the support and
1828 16 improvement of the academy.
1929 17 (2) The following items of income shall be retained by the
2030 18 Illinois Mathematics and Science Academy in its own treasury:
2131 19 endowment funds, gifts, and trust funds; alumni dues and
2232 20 contributions; funds of any alumni association or
2333 21 organization, or any foundation related to the Academy; monies
2434 22 of the IMSA Fund for the Advancement of Education; funds
2535 23 received in connection with the retention, receipt,
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39+103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2909 Introduced , by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED:
40+30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new 30 ILCS 105/6a-6 from Ch. 127, par. 142a6 30 ILCS 305/1 from Ch. 17, par. 6601 105 ILCS 305/4.5 new
41+30 ILCS 105/6a-6 from Ch. 127, par. 142a6
42+30 ILCS 305/1 from Ch. 17, par. 6601
43+105 ILCS 305/4.5 new
44+Amends the State Finance Act, the Bond Authorization Act, and the Illinois Mathematics and Science Academy Law. Sets forth certain types of revenue the Illinois Mathematics and Science Academy may retain in its own treasury. Provide that the Board of Trustees of the Academy is authorized to borrow money and issue and sell bonds for the purpose of acquiring, purchasing, completing, building, constructing, reconstructing, enlarging, improving, extending, or equipping buildings, structures, and facilities that are required by or are necessary for the use or benefit of the Academy. Provides that such bonds shall be payable only from tuition, fee, and room and board revenue and from other funds authorized by law to be used for such purpose and applied as a supplement to such revenue. Sets forth other provisions concerning the issuance of bonds by the Academy, including the execution and delivery of trust agreements to a bank or trust company and the adoption of a resolution or resolutions describing in a general way the contemplated facility or facilities designated as the project or projects and the estimated cost. Effective immediately.
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3474 1 assignment, license, sale or transfer of interests in, rights
3575 2 to, or income from discoveries, inventions, patents, or
3676 3 copyrightable works; laboratory fees, fees for testing;
3777 4 supplementary food service fees received for payment to a food
3878 5 service vendor; refundable deposits; funds received from
3979 6 student or staff health programs; and moneys received for
4080 7 student athletics or student activities.
4181 8 The Academy may also retain in its own treasury all moneys
4282 9 received from the sale of any debt obligations, including
4383 10 bonds issued under the provisions of the Illinois Mathematics
4484 11 and Science Academy Law, and any tuition, fee, and room and
4585 12 board revenue pledged to the payment of such obligations or
4686 13 necessary to meet any financial covenants related thereto or,
4787 14 as determined by the Board of Trustees of the Academy,
4888 15 necessary to pay such obligations or for the support and
4989 16 improvement of the Academy.
5090 17 Whenever such funds retained by the Academy in its own
5191 18 treasury or held in a local clearing account are deposited
5292 19 with a bank or savings and loan association and the amount of
5393 20 the deposit exceeds the amount of federal deposit insurance
5494 21 coverage, a bond or pledged securities shall be obtained. Only
5595 22 the types of securities which the State treasurer may, in his
5696 23 discretion, accept for amounts not insured by the Federal
5797 24 Deposit Insurance Corporation or the Federal Savings and Loan
5898 25 Insurance Corporation under Section 11 of "An Act in relation
5999 26 to State moneys", approved June 28, 1919, as amended, may be
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70110 1 accepted as pledged securities. The market value of the bond
71111 2 or pledged securities shall at all times be equal to or greater
72112 3 than the uninsured portion of the deposit.
73113 4 (3) For purposes of implementing this Amendatory act of
74114 5 1989, the Academy is authorized to transfer monies held in its
75115 6 treasury at the time of the effective date of this Act into the
76116 7 IMSA Income Fund in the State Treasury.
77117 8 (4) The IMSA Special Purposes Trust Fund, held outside the
78118 9 State Treasury by the State Treasurer as ex officio custodian,
79119 10 shall receive the following items of income: federal aid and
80120 11 funds received in connection with contracts with governmental,
81121 12 public or private agencies or persons. Disbursements from this
82122 13 fund shall be by warrants drawn by the State Comptroller on
83123 14 receipt of vouchers duly executed and certified by the
84124 15 Illinois Mathematics and Science Academy.
85125 16 All federal monies received as reimbursement for
86126 17 expenditures from the General Revenue Fund and that were made
87127 18 for the purposes authorized for expenditures from the IMSA
88128 19 Special Purposes Trust Fund shall be deposited by the Academy
89129 20 into the General Revenue Fund.
90130 21 For purposes of implementing this amendatory Act of 1991,
91131 22 the Academy is authorized to transfer monies held in the IMSA
92132 23 Income Fund on the effective date of this amendatory Act of
93133 24 1991 into the IMSA Special Purposes Trust Fund; provided,
94134 25 monies so transferred shall not exceed the amount that would
95135 26 be in the IMSA Special Purposes Trust Fund had such Fund been
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106146 1 in existence when the monies were received.
107147 2 (Source: P.A. 86-109; 87-142.)
108148 3 Section 10. The Bond Authorization Act is amended by
109149 4 changing Section 1 as follows:
110150 5 (30 ILCS 305/1) (from Ch. 17, par. 6601)
111151 6 Sec. 1. (a) As used in this Act, "public corporations"
112152 7 mean any body corporate organized by or pursuant to the laws of
113153 8 this State to carry out a public governmental or proprietary
114154 9 function, including, without limitation of the foregoing, the
115155 10 State state, the Illinois Mathematics and Science Academy, or
116156 11 any school district, park district, city, village,
117157 12 incorporated town, county, drainage or any other type of
118158 13 district, commission, authority, university, or public
119159 14 community college, or any combination thereof, acting through
120160 15 the corporate authorities thereof.
121161 16 (b) "Bonds" or "other evidences of indebtedness" mean any
122162 17 instrument providing for the payment of money executed by or
123163 18 on behalf of a public corporation or which the public
124164 19 corporation has assumed or agreed to pay, including, without
125165 20 limitation of the foregoing, bonds, notes, contracts, leases,
126166 21 certificates and tax anticipation warrants.
127167 22 (Source: P.A. 82-622.)
128168 23 Section 15. The Illinois Mathematics and Science Academy
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139179 1 Law is amended by adding Section 4.5 as follows:
140180 2 (105 ILCS 305/4.5 new)
141181 3 Sec. 4.5. Revenue bond financing for facilities.
142182 4 (a) The Board of Trustees is authorized to borrow money
143183 5 and issue and sell bonds in such amount, at such price, and
144184 6 redeemable prior to maturity with or without premium as the
145185 7 Board may determine for the purpose of acquiring, purchasing,
146186 8 completing, building, constructing, reconstructing,
147187 9 enlarging, improving, extending, or equipping buildings,
148188 10 structures, and facilities that, as determined by the Board,
149189 11 are required by or are necessary for the use or benefit of the
150190 12 Academy, including, without limiting the generality of the
151191 13 foregoing, school classrooms, science labs, or other
152192 14 instructional spaces; dormitories and student residence halls;
153193 15 apartments; staff housing facilities; facilities for student,
154194 16 staff, or administrative services; cafeteria and other food
155195 17 service areas; auditoriums; gymnasiums, field houses,
156196 18 stadiums, and other athletic facilities; and parking
157197 19 facilities and including the acquisition and improvement of a
158198 20 site or sites therefor. These bonds shall be payable only from
159199 21 tuition, fee, and room and board revenue and, if authorized by
160200 22 the Board, from other funds authorized by law to be used for
161201 23 such purpose and applied as a supplement to that revenue. The
162202 24 bonds shall be secured by a pledge of these revenues. The bonds
163203 25 may be issued in one or more series, and may bear such date or
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174214 1 dates, may be in such denomination or denominations, may
175215 2 mature at such time or times not exceeding 40 years from the
176216 3 respective dates thereof, may mature in such amount or
177217 4 amounts, and may bear interest at such rate or rates,
178218 5 including variable rates, not exceeding the maximum rate
179219 6 authorized by the Bond Authorization Act at the time of the
180220 7 making of the contract for the sale of the bonds.
181-8 All bonds issued under the provisions of this Section
182-9 shall be obligations of the Academy payable only in accordance
183-10 with the terms thereof and shall not be obligations, general,
184-11 special, or otherwise, of the State of Illinois. Such bonds
185-12 shall not constitute a debt, legal or moral, of the State of
186-13 Illinois and shall not be enforceable against the State of
187-14 Illinois.
188-15 (b) The Board shall have the power from time to time to
189-16 execute and deliver trust agreements under this Section to a
190-17 bank or trust company authorized by the laws of this State or
191-18 the United States of America to accept and execute trusts in
192-19 this State. These trust agreements may contain any provision
193-20 for the deposit with the trustee and the disposition of the
194-21 proceeds of the bonds issued under the provisions of this
195-22 Section and secured thereby, provisions for the protection and
196-23 the enforcement of the rights and remedies of the trustee and
197-24 the holders of such bonds as the Board may approve, and
198-25 provision for the direct payment to or deposit with the
199-26 trustee of any revenues pledged to the payment of bonds issued
221+8 (b) The Board shall have the power from time to time to
222+9 execute and deliver trust agreements under this Section to a
223+10 bank or trust company authorized by the laws of this State or
224+11 the United States of America to accept and execute trusts in
225+12 this State. These trust agreements may contain any provision
226+13 for the deposit with the trustee and the disposition of the
227+14 proceeds of the bonds issued under the provisions of this
228+15 Section and secured thereby, provisions for the protection and
229+16 the enforcement of the rights and remedies of the trustee and
230+17 the holders of such bonds as the Board may approve, and
231+18 provision for the direct payment to or deposit with the
232+19 trustee of any revenues pledged to the payment of bonds issued
233+20 under the provisions of this Section.
234+21 (c) Bonds issued under the provisions of this Section
235+22 shall be signed by the chair of the Board and shall be attested
236+23 by the Director of the Academy, and if the official who signed
237+24 or attested the bonds or whose facsimile appears on the bonds
238+25 ceases to be such an official before the bonds have been issued
239+26 by the Academy, the bonds may nevertheless be validly issued
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210-1 under the provisions of this Section.
211-2 (c) Bonds issued under the provisions of this Section
212-3 shall be signed by the chair of the Board and shall be attested
213-4 by the Director of the Academy, and if the official who signed
214-5 or attested the bonds or whose facsimile appears on the bonds
215-6 ceases to be such an official before the bonds have been issued
216-7 by the Academy, the bonds may nevertheless be validly issued
217-8 by the Academy.
218-9 (d) Upon the determination by the Board to undertake one
219-10 or more projects set forth in subsection (a), the Board shall
220-11 adopt a resolution or resolutions describing in a general way
221-12 the contemplated facility or facilities designated as the
222-13 project or projects and the estimated cost thereof. The amount
223-14 of bonds, the maturity or maturities, the interest rate, and
224-15 all details in respect thereof shall be set forth in the
225-16 resolution or resolutions or in a related trust agreement
226-17 authorized in subsection (b). The resolution or resolutions or
227-18 related trust agreement shall contain such covenants with
228-19 respect to the creation of reserves or accounts and any
229-20 restrictions upon the issuance of additional bonds that may
230-21 thereafter be issued payable from tuition, fee, and room and
231-22 board revenue and, if authorized by the Board, from other
232-23 funds authorized by law to be used for such purpose and applied
233-24 as a supplement to that revenue as may be deemed necessary or
234-25 advisable for the assurance and payment of the bonds thereby
235-26 authorized, and the resolution or resolutions or related trust
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250+1 by the Academy.
251+2 (d) Upon the determination by the Board to undertake one
252+3 or more projects set forth in subsection (a), the Board shall
253+4 adopt a resolution or resolutions describing in a general way
254+5 the contemplated facility or facilities designated as the
255+6 project or projects and the estimated cost thereof. The amount
256+7 of bonds, the maturity or maturities, the interest rate, and
257+8 all details in respect thereof shall be set forth in the
258+9 resolution or resolutions or in a related trust agreement
259+10 authorized in subsection (b). The resolution or resolutions or
260+11 related trust agreement shall contain such covenants with
261+12 respect to the creation of reserves or accounts and any
262+13 restrictions upon the issuance of additional bonds that may
263+14 thereafter be issued payable from tuition, fee, and room and
264+15 board revenue and, if authorized by the Board, from other
265+16 funds authorized by law to be used for such purpose and applied
266+17 as a supplement to that revenue as may be deemed necessary or
267+18 advisable for the assurance and payment of the bonds thereby
268+19 authorized, and the resolution or resolutions or related trust
269+20 agreement shall provide for the payment of the principal of
270+21 and interest on the bonds and the creation of any reserves or
271+22 accounts established by the resolution or resolutions.
272+23 (e) Whenever bonds are issued under the provisions of this
273+24 Section, it shall be the duty of the Board to establish
274+25 tuition, fee, and room and board revenue (i) sufficient at all
275+26 times to pay the principal of and interest on the bonds and to
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246-1 agreement shall provide for the payment of the principal of
247-2 and interest on the bonds and the creation of any reserves or
248-3 accounts established by the resolution or resolutions.
249-4 (e) Whenever bonds are issued under the provisions of this
250-5 Section, it shall be the duty of the Board to establish
251-6 tuition, fee, and room and board revenue (i) sufficient at all
252-7 times to pay the principal of and interest on the bonds and to
253-8 meet any related financial covenants or (ii) sufficient at all
254-9 times, if added to other funds authorized and allocated for
255-10 such purpose, to pay such principal and interest and meet such
256-11 financial covenants.
257-12 (f) The Board may refund and refinance bonds issued under
258-13 the provisions of this Section from time to time and to this
259-14 end may authorize and issue refunding bonds whenever the Board
260-15 determines that it is in the best interests of the Academy to
261-16 do so. The proceeds derived from the sale of any such refunding
262-17 bonds shall be applied either to the payment or redemption and
263-18 retirement of the bonds to be refunded, or, if such bonds are
264-19 not then subject to payment or redemption, all proceeds
265-20 received at the sale thereof shall be invested in direct
266-21 obligations of or obligations the principal of and interest on
267-22 which are fully guaranteed by the United States of America, so
268-23 long as such investments mature at such time, with interest
269-24 thereon or profit therefrom, to provide funds adequate to pay,
270-25 when due or called for redemption prior to maturity, the bonds
271-26 to be refunded, together with the interest accrued thereon and
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286+1 meet any related financial covenants or (ii) sufficient at all
287+2 times, if added to other funds authorized and allocated for
288+3 such purpose, to pay such principal and interest and meet such
289+4 financial covenants.
290+5 (f) The Board may refund and refinance bonds issued under
291+6 the provisions of this Section from time to time and to this
292+7 end may authorize and issue refunding bonds whenever the Board
293+8 determines that it is in the best interests of the Academy to
294+9 do so. The proceeds derived from the sale of any such refunding
295+10 bonds shall be applied either to the payment or redemption and
296+11 retirement of the bonds to be refunded, or, if such bonds are
297+12 not then subject to payment or redemption, all proceeds
298+13 received at the sale thereof shall be invested in direct
299+14 obligations of or obligations the principal of and interest on
300+15 which are fully guaranteed by the United States of America, so
301+16 long as such investments mature at such time, with interest
302+17 thereon or profit therefrom, to provide funds adequate to pay,
303+18 when due or called for redemption prior to maturity, the bonds
304+19 to be refunded, together with the interest accrued thereon and
305+20 any redemption premium due thereon. Such proceeds or
306+21 obligations of the United States of America shall, with all
307+22 other funds legally available for such purpose, be deposited
308+23 in escrow with any bank or trust company doing business in this
309+24 State with power to accept and execute trusts, to be held in an
310+25 irrevocable trust for the payment at maturity or redemption of
311+26 the bonds refunded and accrued interest and the applicable
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282-1 any redemption premium due thereon. Such proceeds or
283-2 obligations of the United States of America shall, with all
284-3 other funds legally available for such purpose, be deposited
285-4 in escrow with any bank or trust company doing business in this
286-5 State with power to accept and execute trusts, to be held in an
287-6 irrevocable trust for the payment at maturity or redemption of
288-7 the bonds refunded and accrued interest and the applicable
289-8 premiums, if any, if the bonds are redeemable prior to
290-9 maturity or upon earlier voluntary surrender with the consent
291-10 of the holder thereof. Any balance remaining in such escrow
292-11 after the payment and retirement of the bonds to be refunded
293-12 shall be returned to the Academy, to be used as revenues
294-13 pledged for the payment of the refunding bonds. All of the
295-14 provisions of this Section, including covenants that may be
296-15 entered into in connection with the issuance of bonds, shall
297-16 be applicable to the authorization and issuance of any
298-17 refunding bonds.
299-18 Section 99. Effective date. This Act takes effect upon
300-19 becoming law.
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322+1 premiums, if any, if the bonds are redeemable prior to
323+2 maturity or upon earlier voluntary surrender with the consent
324+3 of the holder thereof. Any balance remaining in such escrow
325+4 after the payment and retirement of the bonds to be refunded
326+5 shall be returned to the Academy, to be used as revenues
327+6 pledged for the payment of the refunding bonds. All of the
328+7 provisions of this Section, including covenants that may be
329+8 entered into in connection with the issuance of bonds, shall
330+9 be applicable to the authorization and issuance of any
331+10 refunding bonds.
332+11 Section 99. Effective date. This Act takes effect upon
333+12 becoming law.
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306- HB2909 Engrossed - 9 - LRB103 05327 NHT 57083 b
339+ HB2909 - 9 - LRB103 05327 NHT 57083 b