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92nd General Assembly

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Public Act 92-0851

HB3212 Enrolled                                LRB9206261JMmb

    AN ACT concerning the State Treasurer.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  1.  Short  title.   This Act may be cited as the
Technology Development Act.

    Section 5.  Policy.  The Illinois General Assembly  finds
that  it  is  important for the State to encourage technology
development in the State.  The purpose  of  this  Act  is  to
attract,  assist, and retain quality technology businesses in
Illinois.  The creation of the Technology Development Account
will allow the State to bring together, and add to, Illinois'
rich science, technology, and business communities.

    Section 10.  Technology Development Account.
    (a)  The State Treasurer may segregate a portion  of  the
Treasurer's  investment  portfolio,  that at no time shall be
greater  than  1%  of  the  portfolio,  in   the   Technology
Development  Account,  an  account  that  shall be maintained
separately and  apart  from  other  moneys  invested  by  the
Treasurer.   The  Treasurer  may  make  investments  from the
Account  that  help  attract,  assist,  and  retain   quality
technology  businesses  in  Illinois.   The  earnings  on the
Account  shall  be  accounted  for  separately   from   other
investments made by the Treasurer.
    (b)  Moneys  in  the Account may be invested by the State
Treasurer to provide venture capital to technology businesses
seeking to locate, expand, or remain in Illinois  by  placing
money  with  Illinois venture capital firms for investment by
the venture capital firms in technology businesses.  "Venture
capital", as used in this Act, means equity financing that is
provided for starting up, expanding, or relocating a company,
or related purposes  such  as  financing  for  seed  capital,
research  and  development,  introduction  of  a  product  or
process into the marketplace, or similar needs requiring risk
capital.  "Technology business", as used in this Act, means a
company  that  has as its principal function the providing of
services   including    computer,    information    transfer,
communication,   distribution,   processing,  administrative,
laboratory, experimental, developmental,  technical,  testing
services,  manufacture  of goods or materials, the processing
of  goods  or  materials  by  physical  or  chemical  change,
computer  related   activities,   robotics,   biological   or
pharmaceutical industrial activity, or technology oriented or
emerging  industrial  activity.   "Illinois  venture  capital
firms",  as  used  in  this  Act,  means an entity that has a
majority of its employees in Illinois or that  has  at  least
one  managing  partner  domiciled  in  Illinois that has made
significant capital investments  in  Illinois  companies  and
that provides equity financing for starting up or expanding a
company,  or  related  purposes  such  as  financing for seed
capital, research and development, introduction of a  product
or  process  into the marketplace, or similar needs requiring
risk capital.
    (c)  Any fund created by an Illinois venture capital firm
in which the State Treasurer places money  pursuant  to  this
Act  shall  be  required  by  the  State  Treasurer  to  seek
investments  in  technology  businesses  seeking  to  locate,
expand, or remain in Illinois.
    (d)  The  investment  of  the State Treasurer in any fund
created by an Illinois venture  capital  firm  in  which  the
State  Treasurer  places money pursuant to this Act shall not
exceed 10% of the total investments in the fund.
    (e)  The State  Treasurer  shall  not  invest  more  than
one-third  of the Technology Development Account in any given
calendar year.
    Section 15.  Rules.  The State Treasurer  may  promulgate
rules to implement this Act.

    Section  90.   The Deposit of State Moneys Act is amended
by changing Section 22.5 as follows:

    (15 ILCS 520/22.5) (from Ch. 130, par. 41a)
    Sec. 22.5.  The State Treasurer may, with the approval of
the Governor, invest and reinvest  any  State  money  in  the
treasury which is  not needed for current expenditures due or
about  to  become  due,  in obligations of the  United States
government  or  its  agencies   or   of   National   Mortgage
Associations  established  by  or  under the National Housing
Act, 1201 U.S.C. 1701 et seq., or in  mortgage  participation
certificates  representing  undivided interests in specified,
first-lien conventional residential Illinois  mortgages  that
are  underwritten,  insured,  guaranteed, or purchased by the
Federal Home  Loan  Mortgage  Corporation  or  in  Affordable
Housing  Program  Trust Fund Bonds or Notes as defined in and
issued pursuant to the Illinois Housing Development Act.  All
such obligations shall be  considered  as  cash  and  may  be
delivered over as cash by a State Treasurer to his successor.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  purchase  any  state  bonds  with any money in the
State Treasury that has been  set  aside  and  held  for  the
payment   of  the principal of and interest on the bonds. The
bonds shall be considered as cash and may be  delivered  over
as cash by the State Treasurer to his successor.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor, invest or reinvest any  State money in the treasury
that  is  not  needed for current expenditure due or about to
become due, or any money in the State Treasury that has  been
set  aside  and  held for the payment of the principal of and
the interest on any  State  bonds,  in  shares,  withdrawable
accounts, and investment certificates of savings and building
and  loan  associations,  incorporated under the laws of this
State or any other state or under  the  laws  of  the  United
States;  provided, however, that investments may be made only
in those savings and loan or building and  loan  associations
the  shares  and  withdrawable  accounts  or   other forms of
investment securities of which are  insured  by  the  Federal
Deposit Insurance Corporation.
    The  State  Treasurer  may  not invest State money in any
savings and loan or building and loan  association  unless  a
commitment  by  the  savings  and loan (or building and loan)
association, executed by the  president  or  chief  executive
officer  of  that association,  is submitted in the following
form:
         The .................. Savings and Loan (or Building
    and Loan) Association pledges not  to reject  arbitrarily
    mortgage  loans  for  residential  properties  within any
    specific part of the community served by the savings  and
    loan  (or  building and loan) association because  of the
    location of the  property.   The  savings  and  loan  (or
    building and loan) association also pledges to make loans
    available on low and moderate income residential property
    throughout  the  community within the limits of its legal
    restrictions and prudent financial practices.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor, invest or reinvest, at a price not to  exceed  par,
any  State  money  in  the  treasury  that  is not needed for
current expenditures due or about to become due, or any money
in the State Treasury  that has been set aside and  held  for
the  payment  of  the principal of and interest on  any State
bonds, in bonds issued by counties or municipal  corporations
of the State of Illinois.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  invest or reinvest any State money in the Treasury
which is not needed for current expenditure, due or about  to
become due, or any money in the State Treasury which has been
set  aside  and  held for the payment of the principal of and
the interest on any State bonds, in participations in  loans,
the  principal  of which participation is fully guaranteed by
an agency or instrumentality of the United States government;
provided,  however,  that  such   loan   participations   are
represented  by  certificates  issued only by banks which are
incorporated under the laws of this State or any other  state
or  under  the laws of the United States, and such banks, but
not the loan participation certificates, are insured  by  the
Federal Deposit Insurance Corporation.
    The  State  Treasurer  may,  with  the  approval  of  the
Governor,  invest or reinvest any State money in the Treasury
that is not needed for current expenditure, due or  about  to
become  due, or any money in the State Treasury that has been
set aside and held for the payment of the  principal  of  and
the interest on any State bonds, in any of the following:
         (1)  Bonds,  notes,  certificates  of  indebtedness,
    Treasury  bills,  or  other  securities  now or hereafter
    issued that are guaranteed by the full faith  and  credit
    of  the  United  States  of  America  as to principal and
    interest.
         (2)  Bonds,  notes,  debentures,  or  other  similar
    obligations  of  the  United  States  of   America,   its
    agencies, and instrumentalities.
         (3)  Interest-bearing        savings       accounts,
    interest-bearing      certificates      of       deposit,
    interest-bearing  time deposits, or any other investments
    constituting direct obligations of any bank as defined by
    the Illinois Banking Act.
         (4)  Interest-bearing  accounts,   certificates   of
    deposit,  or  any  other  investments constituting direct
    obligations  of  any  savings   and   loan   associations
    incorporated  under  the  laws of this State or any other
    state or under the laws of the United States.
         (5)  Dividend-bearing    share    accounts,    share
    certificate accounts, or class of  share  accounts  of  a
    credit  union  chartered  under the laws of this State or
    the laws of the United  States;  provided,  however,  the
    principal  office  of  the  credit  union must be located
    within the State of Illinois.
         (6)  Bankers'  acceptances  of  banks  whose  senior
    obligations are rated in the top 2 rating categories by 2
    national rating agencies and maintain that rating  during
    the term of the investment.
         (7)  Short-term    obligations    of    corporations
    organized  in  the  United  States  with assets exceeding
    $500,000,000 if (i) the obligations are rated at the time
    of purchase at  one  of  the  3  highest  classifications
    established  by  at  least 2 standard rating services and
    mature not later than 180 days from the date of purchase,
    (ii) the purchases do not exceed 10% of the corporation's
    outstanding obligations, and (iii) no more than one-third
    of the public agency's funds are invested  in  short-term
    obligations of corporations.
         (8)  Money  market mutual funds registered under the
    Investment  Company  Act  of  1940,  provided  that   the
    portfolio  of  the money market mutual fund is limited to
    obligations described in this Section and  to  agreements
    to repurchase such obligations.
         (9)  The  Public Treasurers' Investment Pool created
    under Section 17 of the State Treasurer Act or in a  fund
    managed, operated, and administered by a bank.
         (10)  Repurchase agreements of government securities
    having  the  meaning set out in the Government Securities
    Act of 1986 subject to the provisions of that Act and the
    regulations issued thereunder.
         (11)  Investments  made  in  accordance   with   the
    Technology Development Act.
    For  purposes  of  this Section, "agencies" of the United
States Government includes:
         (i)  the federal land  banks,  federal  intermediate
    credit banks, banks for cooperatives, federal farm credit
    banks,  or  any  other  entity  authorized  to issue debt
    obligations under the Farm Credit Act of 1971 (12  U.S.C.
    2001 et seq.) and Acts amendatory thereto;
         (ii)  the  federal  home  loan banks and the federal
    home loan mortgage corporation;
         (iii)  the Commodity Credit Corporation; and
         (iv)  any other agency created by Act of Congress.
    The Treasurer may, with the  approval  of  the  Governor,
lend  any  securities  acquired  under  this  Act.   However,
securities  may be lent under this Section only in accordance
with  Federal  Financial  Institution   Examination   Council
guidelines and only if the securities are collateralized at a
level  sufficient  to  assure  the  safety of the securities,
taking into account market value fluctuation.  The securities
may be collateralized by cash or collateral acceptable  under
Sections 11 and 11.1.
(Source: P.A. 90-655, eff. 7-30-98.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 29, 2002.
    Approved August 26, 2002.
    Effective August 26, 2002.

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