Illinois General Assembly - Full Text of SB2661
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Full Text of SB2661  100th General Assembly

SB2661 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2661

 

Introduced 2/13/2018, by Sen. Jacqueline Y. Collins

 

SYNOPSIS AS INTRODUCED:
 
15 ILCS 520/10  from Ch. 130, par. 29
15 ILCS 520/11  from Ch. 130, par. 30
15 ILCS 520/22.5  from Ch. 130, par. 41a

    Amends the Deposit of State Moneys Act. Modifies a Section concerning agreements entered into by the State Treasurer with any bank or savings and loan association relating to the deposit of securities. Provides that such agreements may authorize the holding of securities in any bank or a depository trust company in the United States (rather than New York City). Adds to the classes of securities that the State Treasurer may accept as collateral for deposits not insured by an agency of the federal government. Adds to and modifies the investments in which the State Treasurer may in invest or reinvest on behalf of the State. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Deposit of State Moneys Act is amended by
5changing Sections 10, 11, and 22.5 as follows:
 
6    (15 ILCS 520/10)  (from Ch. 130, par. 29)
7    Sec. 10. The State Treasurer may enter into agreement in
8conformity with this Act with any bank or savings and loan
9association relating to the deposit of securities. Such
10agreement may authorize the holding by such bank or savings and
11loan association of such securities in custody and safekeeping
12solely under the instructions of the State Treasurer either (a)
13in the office of such bank or savings and loan association, or
14under the custody and safekeeping of another bank or savings
15and loan association in this State for the depository bank or
16savings and loan association, or (b) in if the securities to be
17deposited are held in custody and safekeeping for such bank or
18savings and loan association by a bank or a depository trust
19company in the United States if the securities to be deposited
20are held in custody and safekeeping for such bank or savings
21and loan association New York City, then in such New York bank
22or depository trust company.
23(Source: P.A. 83-541.)
 

 

 

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1    (15 ILCS 520/11)  (from Ch. 130, par. 30)
2    Sec. 11. Protection of public deposits; eligible
3collateral.
4    (a) For deposits not insured by an agency of the federal
5government, the State Treasurer, in his or her discretion, may
6accept as collateral any of the following classes of
7securities, provided there has been no default in the payment
8of principal or interest thereon:
9        (1) Bonds, notes, or other securities constituting
10    direct and general obligations of the United States, the
11    bonds, notes, or other securities constituting the direct
12    and general obligation of any agency or instrumentality of
13    the United States, the interest and principal of which is
14    unconditionally guaranteed by the United States, and
15    bonds, notes, or other securities or evidence of
16    indebtedness constituting the obligation of a U.S. agency
17    or instrumentality.
18        (2) Direct and general obligation bonds of the State of
19    Illinois or of any other state of the United States.
20        (3) Revenue bonds of this State or any authority,
21    board, commission, or similar agency thereof.
22        (4) Direct and general obligation bonds of any city,
23    town, county, school district, or other taxing body of any
24    state, the debt service of which is payable from general ad
25    valorem taxes.

 

 

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1        (5) Revenue bonds of any city, town, county, or school
2    district of the State of Illinois.
3        (6) Obligations issued, assumed, or guaranteed by the
4    International Finance Corporation, the principal of which
5    is not amortized during the life of the obligation, but no
6    such obligation shall be accepted at more than 90% of its
7    market value.
8        (7) Illinois Affordable Housing Program Trust Fund
9    Bonds or Notes as defined in and issued pursuant to the
10    Illinois Housing Development Act.
11        (8) In an amount equal to at least market value of that
12    amount of funds deposited exceeding the insurance
13    limitation provided by the Federal Deposit Insurance
14    Corporation or the National Credit Union Administration or
15    other approved share insurer: (i) securities, (ii)
16    mortgages, (iii) letters of credit issued by a Federal Home
17    Loan Bank, or (iv) loans covered by a State Guarantee under
18    the Illinois Farm Development Act, if that guarantee has
19    been assumed by the Illinois Finance Authority under
20    Section 845-75 of the Illinois Finance Authority Act, and
21    loans covered by a State Guarantee under Article 830 of the
22    Illinois Finance Authority Act.
23        (9) Obligations of either corporations or limited
24    liability companies organized in the United States with
25    assets exceeding $500,000,000 if: (i) the obligations are
26    rated at the time of purchase at one of the 3 highest

 

 

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1    classifications established by at least 2 standard rating
2    services and mature more than 270 days, but less than 5
3    years, from the date of purchase; and (ii) the corporation
4    or the limited liability company has not been placed on the
5    list of restricted companies by the Illinois Investment
6    Policy Board under Section 1-110.16 of the Illinois Pension
7    Code.
8    (b) The State Treasurer may establish a system to aggregate
9permissible securities received as collateral from financial
10institutions in a collateral pool to secure State deposits of
11the institutions that have pledged securities to the pool.
12    (c) The Treasurer may at any time declare any particular
13security ineligible to qualify as collateral when, in the
14Treasurer's judgment, it is deemed desirable to do so.
15    (d) Notwithstanding any other provision of this Section, as
16security the State Treasurer may, in his discretion, accept a
17bond, executed by a company authorized to transact the kinds of
18business described in clause (g) of Section 4 of the Illinois
19Insurance Code, in an amount not less than the amount of the
20deposits required by this Section to be secured, payable to the
21State Treasurer for the benefit of the People of the State of
22Illinois, in a form that is acceptable to the State Treasurer.
23(Source: P.A. 95-331, eff. 8-21-07.)
 
24    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
25    (For force and effect of certain provisions, see Section 90

 

 

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1of P.A. 94-79)
2    Sec. 22.5. Permitted investments. The State Treasurer may,
3with the approval of the Governor, invest and reinvest any
4State money in the treasury which is not needed for current
5expenditures due or about to become due, in obligations of the
6United States government or its agencies or of National
7Mortgage Associations established by or under the National
8Housing Act, 1201 U.S.C. 1701 et seq., or in mortgage
9participation certificates representing undivided interests in
10specified, first-lien conventional residential Illinois
11mortgages that are underwritten, insured, guaranteed, or
12purchased by the Federal Home Loan Mortgage Corporation or in
13Affordable Housing Program Trust Fund Bonds or Notes as defined
14in and issued pursuant to the Illinois Housing Development Act.
15All such obligations shall be considered as cash and may be
16delivered over as cash by a State Treasurer to his successor.
17    The State Treasurer may, with the approval of the Governor,
18purchase any state bonds with any money in the State Treasury
19that has been set aside and held for the payment of the
20principal of and interest on the bonds. The bonds shall be
21considered as cash and may be delivered over as cash by the
22State Treasurer to his successor.
23    The State Treasurer may, with the approval of the Governor,
24invest or reinvest any State money in the treasury that is not
25needed for current expenditure due or about to become due, or
26any money in the State Treasury that has been set aside and

 

 

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1held for the payment of the principal of and the interest on
2any State bonds, in shares, withdrawable accounts, and
3investment certificates of savings and building and loan
4associations, incorporated under the laws of this State or any
5other state or under the laws of the United States; provided,
6however, that investments may be made only in those savings and
7loan or building and loan associations the shares and
8withdrawable accounts or other forms of investment securities
9of which are insured by the Federal Deposit Insurance
10Corporation.
11    The State Treasurer may not invest State money in any
12savings and loan or building and loan association unless a
13commitment by the savings and loan (or building and loan)
14association, executed by the president or chief executive
15officer of that association, is submitted in the following
16form:
17        The .................. Savings and Loan (or Building
18    and Loan) Association pledges not to reject arbitrarily
19    mortgage loans for residential properties within any
20    specific part of the community served by the savings and
21    loan (or building and loan) association because of the
22    location of the property. The savings and loan (or building
23    and loan) association also pledges to make loans available
24    on low and moderate income residential property throughout
25    the community within the limits of its legal restrictions
26    and prudent financial practices.

 

 

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1    The State Treasurer may, with the approval of the Governor,
2invest or reinvest, at a price not to exceed par, any State
3money in the treasury that is not needed for current
4expenditures due or about to become due, or any money in the
5State Treasury that has been set aside and held for the payment
6of the principal of and interest on any State bonds, in bonds
7issued by counties or municipal corporations of the State of
8Illinois.
9    The State Treasurer may invest or reinvest up to 5% of the
10College Savings Pool Administrative Trust Fund, the Illinois
11Public Treasurer Investment Pool (IPTIP) Administrative Trust
12Fund, and the State Treasurer's Administrative Fund that is not
13needed for current expenditures due or about to become due, in
14common or preferred stocks of publicly traded corporations,
15partnerships, or limited liability companies, organized in the
16United States, with assets exceeding $500,000,000 if: (i) the
17purchases do not exceed 1% of the corporation's or the limited
18liability company's outstanding common and preferred stock;
19(ii) no more than 10% of the total funds are invested in any
20one publicly traded corporation, partnership, or limited
21liability company; and (iii) the corporation or the limited
22liability company has not been placed on the list of restricted
23companies by the Illinois Investment Policy Board under Section
241-110.16 of the Illinois Pension Code.
25    The State Treasurer may, with the approval of the Governor,
26invest or reinvest any State money in the Treasury which is not

 

 

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1needed for current expenditure, due or about to become due, or
2any money in the State Treasury which has been set aside and
3held for the payment of the principal of and the interest on
4any State bonds, in participations in loans, the principal of
5which participation is fully guaranteed by an agency or
6instrumentality of the United States government; provided,
7however, that such loan participations are represented by
8certificates issued only by banks which are incorporated under
9the laws of this State or any other state or under the laws of
10the United States, and such banks, but not the loan
11participation certificates, are insured by the Federal Deposit
12Insurance Corporation.
13    The State Treasurer may, with the approval of the Governor,
14invest or reinvest any State money in the Treasury that is not
15needed for current expenditure, due or about to become due, or
16any money in the State Treasury that has been set aside and
17held for the payment of the principal of and the interest on
18any State bonds, in any of the following:
19        (1) Bonds, notes, certificates of indebtedness,
20    Treasury bills, or other securities now or hereafter issued
21    that are guaranteed by the full faith and credit of the
22    United States of America as to principal and interest.
23        (2) Bonds, notes, debentures, or other similar
24    obligations of the United States of America, its agencies,
25    and instrumentalities.
26        (2.5) Bonds, notes, debentures, or other similar

 

 

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1    obligations of a foreign government, other than the
2    Republic of the Sudan, that are guaranteed by the full
3    faith and credit of that government as to principal and
4    interest, but only if the foreign government has not
5    defaulted and has met its payment obligations in a timely
6    manner on all similar obligations for a period of at least
7    25 years immediately before the time of acquiring those
8    obligations.
9        (3) Interest-bearing savings accounts,
10    interest-bearing certificates of deposit, interest-bearing
11    time deposits, or any other investments constituting
12    direct obligations of any bank as defined by the Illinois
13    Banking Act.
14        (4) Interest-bearing accounts, certificates of
15    deposit, or any other investments constituting direct
16    obligations of any savings and loan associations
17    incorporated under the laws of this State or any other
18    state or under the laws of the United States.
19        (5) Dividend-bearing share accounts, share certificate
20    accounts, or class of share accounts of a credit union
21    chartered under the laws of this State or the laws of the
22    United States; provided, however, the principal office of
23    the credit union must be located within the State of
24    Illinois.
25        (6) Bankers' acceptances of banks whose senior
26    obligations are rated in the top 2 rating categories by 2

 

 

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1    national rating agencies and maintain that rating during
2    the term of the investment.
3        (7) Short-term obligations of either corporations or
4    limited liability companies organized in the United States
5    with assets exceeding $500,000,000 if (i) the obligations
6    are rated at the time of purchase at one of the 3 highest
7    classifications established by at least 2 standard rating
8    services and mature not later than 270 days from the date
9    of purchase, (ii) the purchases do not exceed 10% of the
10    corporation's or the limited liability company's
11    outstanding obligations, (iii) no more than one-third of
12    the public agency's funds are invested in short-term
13    obligations of either corporations or limited liability
14    companies, and (iv) the corporation or the limited
15    liability company has not been placed on the list of
16    restricted companies by the Illinois Investment Policy
17    Board under Section 1-110.16 of the Illinois Pension Code.
18        (7.5) Obligations of either corporations or limited
19    liability companies organized in the United States, that
20    have a significant presence in this State, with assets
21    exceeding $500,000,000 if: (i) the obligations are rated at
22    the time of purchase at one of the 3 highest
23    classifications established by at least 2 standard rating
24    services and mature more than 270 days, but less than 5
25    years, from the date of purchase; (ii) the purchases do not
26    exceed 10% of the corporation's or the limited liability

 

 

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1    company's outstanding obligations; (iii) no more than 5% of
2    the public agency's funds are invested in such obligations
3    of corporations or limited liability companies; and (iv)
4    the corporation or the limited liability company has not
5    been placed on the list of restricted companies by the
6    Illinois Investment Policy Board under Section 1-110.16 of
7    the Illinois Pension Code. The authorization of the
8    Treasurer to invest in new obligations under this paragraph
9    shall expire on June 30, 2019.
10        (8) Money market mutual funds registered under the
11    Investment Company Act of 1940, provided that the portfolio
12    of the money market mutual fund is limited to obligations
13    described in this Section and to agreements to repurchase
14    such obligations.
15        (9) The Public Treasurers' Investment Pool created
16    under Section 17 of the State Treasurer Act or in a fund
17    managed, operated, and administered by a bank.
18        (10) Repurchase agreements of government securities
19    having the meaning set out in the Government Securities Act
20    of 1986, as now or hereafter amended or succeeded, subject
21    to the provisions of that Act and the regulations issued
22    thereunder.
23        (11) Investments made in accordance with the
24    Technology Development Act.
25    For purposes of this Section, "agencies" of the United
26States Government includes:

 

 

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1        (i) the federal land banks, federal intermediate
2    credit banks, banks for cooperatives, federal farm credit
3    banks, or any other entity authorized to issue debt
4    obligations under the Farm Credit Act of 1971 (12 U.S.C.
5    2001 et seq.) and Acts amendatory thereto;
6        (ii) the federal home loan banks and the federal home
7    loan mortgage corporation;
8        (iii) the Commodity Credit Corporation; and
9        (iv) any other agency created by Act of Congress.
10    The Treasurer may, with the approval of the Governor, lend
11any securities acquired under this Act. However, securities may
12be lent under this Section only in accordance with Federal
13Financial Institution Examination Council guidelines and only
14if the securities are collateralized at a level sufficient to
15assure the safety of the securities, taking into account market
16value fluctuation. The securities may be collateralized by cash
17or collateral acceptable under Sections 11 and 11.1.
18(Source: P.A. 99-856, eff. 8-19-16.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.