Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2449 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2449 Introduced 2/7/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 15 ILCS 520/22.5 from Ch. 130, par. 41a Amends the Deposit of State Moneys Act. Removes a provision that allows the State Treasurer to invest or reinvest any State money in bonds, notes, debentures, or other similar obligations of a foreign government that satisfies specified requirements. LRB104 11308 SPS 21394 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2449 Introduced 2/7/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 15 ILCS 520/22.5 from Ch. 130, par. 41a 15 ILCS 520/22.5 from Ch. 130, par. 41a Amends the Deposit of State Moneys Act. Removes a provision that allows the State Treasurer to invest or reinvest any State money in bonds, notes, debentures, or other similar obligations of a foreign government that satisfies specified requirements. LRB104 11308 SPS 21394 b LRB104 11308 SPS 21394 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2449 Introduced 2/7/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
33 15 ILCS 520/22.5 from Ch. 130, par. 41a 15 ILCS 520/22.5 from Ch. 130, par. 41a
44 15 ILCS 520/22.5 from Ch. 130, par. 41a
55 Amends the Deposit of State Moneys Act. Removes a provision that allows the State Treasurer to invest or reinvest any State money in bonds, notes, debentures, or other similar obligations of a foreign government that satisfies specified requirements.
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1111 1 AN ACT concerning State government.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Deposit of State Moneys Act is amended by
1515 5 changing Section 22.5 as follows:
1616 6 (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
1717 7 (For force and effect of certain provisions, see Section
1818 8 90 of P.A. 94-79)
1919 9 Sec. 22.5. Permitted investments. The State Treasurer may
2020 10 invest and reinvest any State money in the State Treasury
2121 11 which is not needed for current expenditures due or about to
2222 12 become due, in obligations of the United States government or
2323 13 its agencies or of National Mortgage Associations established
2424 14 by or under the National Housing Act, 12 U.S.C. 1701 et seq.,
2525 15 or in mortgage participation certificates representing
2626 16 undivided interests in specified, first-lien conventional
2727 17 residential Illinois mortgages that are underwritten, insured,
2828 18 guaranteed, or purchased by the Federal Home Loan Mortgage
2929 19 Corporation or in Affordable Housing Program Trust Fund Bonds
3030 20 or Notes as defined in and issued pursuant to the Illinois
3131 21 Housing Development Act. All such obligations shall be
3232 22 considered as cash and may be delivered over as cash by a State
3333 23 Treasurer to his successor.
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3737 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2449 Introduced 2/7/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
3838 15 ILCS 520/22.5 from Ch. 130, par. 41a 15 ILCS 520/22.5 from Ch. 130, par. 41a
3939 15 ILCS 520/22.5 from Ch. 130, par. 41a
4040 Amends the Deposit of State Moneys Act. Removes a provision that allows the State Treasurer to invest or reinvest any State money in bonds, notes, debentures, or other similar obligations of a foreign government that satisfies specified requirements.
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6868 1 The State Treasurer may purchase any state bonds with any
6969 2 money in the State Treasury that has been set aside and held
7070 3 for the payment of the principal of and interest on the bonds.
7171 4 The bonds shall be considered as cash and may be delivered over
7272 5 as cash by the State Treasurer to his successor.
7373 6 The State Treasurer may invest or reinvest any State money
7474 7 in the State Treasury that is not needed for current
7575 8 expenditures due or about to become due, or any money in the
7676 9 State Treasury that has been set aside and held for the payment
7777 10 of the principal of and interest on any State bonds, in bonds
7878 11 issued by counties or municipal corporations of the State of
7979 12 Illinois.
8080 13 The State Treasurer may invest or reinvest up to 5% of the
8181 14 College Savings Pool Administrative Trust Fund, the Illinois
8282 15 Public Treasurer Investment Pool (IPTIP) Administrative Trust
8383 16 Fund, and the State Treasurer's Administrative Fund that is
8484 17 not needed for current expenditures due or about to become
8585 18 due, in common or preferred stocks of publicly traded
8686 19 corporations, partnerships, or limited liability companies,
8787 20 organized in the United States, with assets exceeding
8888 21 $500,000,000 if: (i) the purchases do not exceed 1% of the
8989 22 corporation's or the limited liability company's outstanding
9090 23 common and preferred stock; (ii) no more than 10% of the total
9191 24 funds are invested in any one publicly traded corporation,
9292 25 partnership, or limited liability company; and (iii) the
9393 26 corporation or the limited liability company has not been
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104104 1 placed on the list of restricted companies by the Illinois
105105 2 Investment Policy Board under Section 1-110.16 of the Illinois
106106 3 Pension Code.
107107 4 Whenever the total amount of vouchers presented to the
108108 5 Comptroller under Section 9 of the State Comptroller Act
109109 6 exceeds the funds available in the General Revenue Fund by
110110 7 $1,000,000,000 or more, then the State Treasurer may invest
111111 8 any State money in the State Treasury, other than money in the
112112 9 General Revenue Fund, Health Insurance Reserve Fund, Attorney
113113 10 General Court Ordered and Voluntary Compliance Payment
114114 11 Projects Fund, Attorney General Whistleblower Reward and
115115 12 Protection Fund, and Attorney General's State Projects and
116116 13 Court Ordered Distribution Fund, which is not needed for
117117 14 current expenditures, due or about to become due, or any money
118118 15 in the State Treasury which has been set aside and held for the
119119 16 payment of the principal of and the interest on any State bonds
120120 17 with the Office of the Comptroller in order to enable the
121121 18 Comptroller to pay outstanding vouchers. At any time, and from
122122 19 time to time outstanding, such investment shall not be greater
123123 20 than $2,000,000,000. Such investment shall be deposited into
124124 21 the General Revenue Fund or Health Insurance Reserve Fund as
125125 22 determined by the Comptroller. Such investment shall be repaid
126126 23 by the Comptroller with an interest rate tied to the London
127127 24 Interbank Offered Rate (LIBOR) or the Federal Funds Rate or an
128128 25 equivalent market established variable rate, but in no case
129129 26 shall such interest rate exceed the lesser of the penalty rate
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140140 1 established under the State Prompt Payment Act or the timely
141141 2 pay interest rate under Section 368a of the Illinois Insurance
142142 3 Code. The State Treasurer and the Comptroller shall enter into
143143 4 an intergovernmental agreement to establish procedures for
144144 5 such investments, which market established variable rate to
145145 6 which the interest rate for the investments should be tied,
146146 7 and other terms which the State Treasurer and Comptroller
147147 8 reasonably believe to be mutually beneficial concerning these
148148 9 investments by the State Treasurer. The State Treasurer and
149149 10 Comptroller shall also enter into a written agreement for each
150150 11 such investment that specifies the period of the investment,
151151 12 the payment interval, the interest rate to be paid, the funds
152152 13 in the State Treasury from which the State Treasurer will draw
153153 14 the investment, and other terms upon which the State Treasurer
154154 15 and Comptroller mutually agree. Such investment agreements
155155 16 shall be public records and the State Treasurer shall post the
156156 17 terms of all such investment agreements on the State
157157 18 Treasurer's official website. In compliance with the
158158 19 intergovernmental agreement, the Comptroller shall order and
159159 20 the State Treasurer shall transfer amounts sufficient for the
160160 21 payment of principal and interest invested by the State
161161 22 Treasurer with the Office of the Comptroller under this
162162 23 paragraph from the General Revenue Fund or the Health
163163 24 Insurance Reserve Fund to the respective funds in the State
164164 25 Treasury from which the State Treasurer drew the investment.
165165 26 Public Act 100-1107 shall constitute an irrevocable and
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176176 1 continuing authority for all amounts necessary for the payment
177177 2 of principal and interest on the investments made with the
178178 3 Office of the Comptroller by the State Treasurer under this
179179 4 paragraph, and the irrevocable and continuing authority for
180180 5 and direction to the Comptroller and State Treasurer to make
181181 6 the necessary transfers.
182182 7 The State Treasurer may invest or reinvest any State money
183183 8 in the State Treasury that is not needed for current
184184 9 expenditure, due or about to become due, or any money in the
185185 10 State Treasury that has been set aside and held for the payment
186186 11 of the principal of and the interest on any State bonds, in any
187187 12 of the following:
188188 13 (1) Bonds, notes, certificates of indebtedness,
189189 14 Treasury bills, or other securities now or hereafter
190190 15 issued that are guaranteed by the full faith and credit of
191191 16 the United States of America as to principal and interest.
192192 17 (2) Bonds, notes, debentures, or other similar
193193 18 obligations of the United States of America, its agencies,
194194 19 and instrumentalities, or other obligations that are
195195 20 issued or guaranteed by supranational entities; provided,
196196 21 that at the time of investment, the entity has the United
197197 22 States government as a shareholder.
198198 23 (2.5) (Blank). Bonds, notes, debentures, or other
199199 24 similar obligations of a foreign government, other than
200200 25 the Republic of the Sudan, that are guaranteed by the full
201201 26 faith and credit of that government as to principal and
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212212 1 interest, but only if the foreign government has not
213213 2 defaulted and has met its payment obligations in a timely
214214 3 manner on all similar obligations for a period of at least
215215 4 25 years immediately before the time of acquiring those
216216 5 obligations.
217217 6 (3) Interest-bearing savings accounts,
218218 7 interest-bearing certificates of deposit,
219219 8 interest-bearing time deposits, or any other investments
220220 9 constituting direct obligations of any bank as defined by
221221 10 the Illinois Banking Act.
222222 11 (4) Interest-bearing accounts, certificates of
223223 12 deposit, or any other investments constituting direct
224224 13 obligations of any savings and loan associations
225225 14 incorporated under the laws of this State or any other
226226 15 state or under the laws of the United States.
227227 16 (5) Dividend-bearing share accounts, share certificate
228228 17 accounts, or class of share accounts of a credit union
229229 18 chartered under the laws of this State or the laws of the
230230 19 United States; provided, however, the principal office of
231231 20 the credit union must be located within the State of
232232 21 Illinois.
233233 22 (6) Bankers' acceptances of banks whose senior
234234 23 obligations are rated in the top 2 rating categories by 2
235235 24 national rating agencies and maintain that rating during
236236 25 the term of the investment and the bank has not been placed
237237 26 on the list of restricted companies by the Illinois
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248248 1 Investment Policy Board under Section 1-110.16 of the
249249 2 Illinois Pension Code.
250250 3 (7) Short-term obligations of either corporations or
251251 4 limited liability companies organized in the United States
252252 5 with assets exceeding $500,000,000 if (i) the obligations
253253 6 are rated at the time of purchase at one of the 3 highest
254254 7 classifications established by at least 2 standard rating
255255 8 services and mature not later than 270 days from the date
256256 9 of purchase, (ii) the purchases do not exceed 10% of the
257257 10 corporation's or the limited liability company's
258258 11 outstanding obligations, (iii) no more than one-third of
259259 12 the public agency's funds are invested in short-term
260260 13 obligations of either corporations or limited liability
261261 14 companies, and (iv) the corporation or the limited
262262 15 liability company has not been placed on the list of
263263 16 restricted companies by the Illinois Investment Policy
264264 17 Board under Section 1-110.16 of the Illinois Pension Code.
265265 18 (7.5) Obligations of either corporations or limited
266266 19 liability companies organized in the United States, that
267267 20 have a significant presence in this State, with assets
268268 21 exceeding $500,000,000 if: (i) the obligations are rated
269269 22 at the time of purchase at one of the 3 highest
270270 23 classifications established by at least 2 standard rating
271271 24 services and mature more than 270 days, but less than 10
272272 25 years, from the date of purchase; (ii) the purchases do
273273 26 not exceed 10% of the corporation's or the limited
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284284 1 liability company's outstanding obligations; (iii) no more
285285 2 than one-third of the public agency's funds are invested
286286 3 in such obligations of corporations or limited liability
287287 4 companies; and (iv) the corporation or the limited
288288 5 liability company has not been placed on the list of
289289 6 restricted companies by the Illinois Investment Policy
290290 7 Board under Section 1-110.16 of the Illinois Pension Code.
291291 8 (8) Money market mutual funds registered under the
292292 9 Investment Company Act of 1940.
293293 10 (9) The Public Treasurers' Investment Pool created
294294 11 under Section 17 of the State Treasurer Act or in a fund
295295 12 managed, operated, and administered by a bank.
296296 13 (10) Repurchase agreements of government securities
297297 14 having the meaning set out in the Government Securities
298298 15 Act of 1986, as now or hereafter amended or succeeded,
299299 16 subject to the provisions of that Act and the regulations
300300 17 issued thereunder.
301301 18 (11) Investments made in accordance with the
302302 19 Technology Development Act.
303303 20 (12) Investments made in accordance with the Student
304304 21 Investment Account Act.
305305 22 (13) Investments constituting direct obligations of a
306306 23 community development financial institution, which is
307307 24 certified by the United States Treasury Community
308308 25 Development Financial Institutions Fund and is operating
309309 26 in the State of Illinois.
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320320 1 (14) Investments constituting direct obligations of a
321321 2 minority depository institution, as designated by the
322322 3 Federal Deposit Insurance Corporation, that is operating
323323 4 in the State of Illinois.
324324 5 (15) Investments made in accordance with any other law
325325 6 that authorizes the State Treasurer to invest or deposit
326326 7 funds.
327327 8 For purposes of this Section, "agencies" of the United
328328 9 States Government includes:
329329 10 (i) the federal land banks, federal intermediate
330330 11 credit banks, banks for cooperatives, federal farm credit
331331 12 banks, or any other entity authorized to issue debt
332332 13 obligations under the Farm Credit Act of 1971 (12 U.S.C.
333333 14 2001 et seq.) and Acts amendatory thereto;
334334 15 (ii) the federal home loan banks and the federal home
335335 16 loan mortgage corporation;
336336 17 (iii) the Commodity Credit Corporation; and
337337 18 (iv) any other agency created by Act of Congress.
338338 19 The State Treasurer may lend any securities acquired under
339339 20 this Act. However, securities may be lent under this Section
340340 21 only in accordance with Federal Financial Institution
341341 22 Examination Council guidelines and only if the securities are
342342 23 collateralized at a level sufficient to assure the safety of
343343 24 the securities, taking into account market value fluctuation.
344344 25 The securities may be collateralized by cash or collateral
345345 26 acceptable under Sections 11 and 11.1.
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