State of Illinois
91st General Assembly
Legislation

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[ Senate Amendment 001 ]

91_HB0851ham001

 










                                             LRB9102936PTpkam

 1                     AMENDMENT TO HOUSE BILL 851

 2        AMENDMENT NO.     .  Amend House Bill  851  by  replacing
 3    the title with the following:
 4        "AN  ACT  to  amend  the  State  Treasurer  Act by adding
 5    Section 16.5."; and

 6    by replacing everything after the enacting  clause  with  the
 7    following:

 8        "Section 5.  The State Treasurer Act is amended by adding
 9    Section 16.5 as follows:

10        (15 ILCS 505/16.5 new)
11        Sec.  16.5.   College  Savings Fund.  The State Treasurer
12    may establish  and  administer  a  College  Savings  Fund  to
13    supplement and enhance the investment opportunities otherwise
14    available  to Illinois residents seeking to save money to pay
15    the costs  of  higher  education  for  themselves  and  their
16    families.    The  Treasurer,  in  administering  the  College
17    Savings Fund, may receive moneys from Illinois residents into
18    the fund, hold  the  moneys  in  individual  college  savings
19    accounts,  and  invest  moneys  within the individual college
20    savings accounts on behalf of Illinois residents.
21        The  Treasurer  may  invest  individual  college  savings
 
                            -2-              LRB9102936PTpkam
 1    accounts  in  the  same  manner,  in  the   same   types   of
 2    investments, and subject to the same limitations provided for
 3    the  investment  of  funds  by  the  Illinois  State Board of
 4    Investment.   The  Treasurer  shall  develop,  publish,   and
 5    implement an investment policy covering the management of the
 6    individual   college  savings  accounts  within  the  College
 7    Savings Fund.  The policy shall be  published  (i)  at  least
 8    once   each  year  in  at  least  one  newspaper  of  general
 9    circulation in both Springfield and  Chicago  and  (ii)  each
10    year  as part of the audit of the College Savings Fund by the
11    Auditor  General   that   shall   be   distributed   to   all
12    participants.  The Treasurer shall notify all participants in
13    writing   and   shall  publish  in  a  newspaper  of  general
14    circulation in both Chicago and Springfield  any  changes  to
15    the  previously  published  investment  policy  at  least  30
16    calendar  days before implementing the policy. Any investment
17    policy adopted by the Treasurer shall be reviewed and updated
18    if necessary within 90 days following the date that the State
19    Treasurer takes office.
20        The  Treasurer  may  adopt  rules  as  he  or  she  deems
21    necessary for the efficient  administration  of  the  College
22    Savings  Fund, including specification of minimum and maximum
23    amounts that may be deposited, minimum and maximum periods of
24    time for which deposits may be  retained  in  the  fund,  and
25    conditions under which penalties will be assessed for refunds
26    of  earnings that are not used for qualified higher education
27    expenses. The rules  shall  provide  for  the  administration
28    expenses of the Fund to be paid from its earnings and for the
29    interest earnings in excess of the expenses to be credited or
30    paid  monthly  to  the  several participants in the Fund in a
31    manner that equitably reflects the differing amounts of their
32    respective investments in the Fund and the differing  periods
33    of  time  for  which  the  amounts were in the custody of the
34    Fund.
 
                            -3-              LRB9102936PTpkam
 1        Upon creating a College Savings Fund, the State Treasurer
 2    shall give bond with 2 or more sufficient sureties  that  are
 3    payable  to  and  for  the benefit of the participants in the
 4    College  Savings  Fund,  in  the  penal  sum  of  $1,000,000,
 5    conditioned upon the faithful discharge of his or her  duties
 6    in relation to the College Savings Fund.

 7    Section  99.   Effective  date.   This  Act takes effect upon
 8    becoming law.".

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