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Public Act 094-0079


 

Public Act 0079 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0079
 
SB0023 Enrolled LRB094 03731 BDD 33740 b

    AN ACT concerning State government, which may be cited as
the Act to End Atrocities and Terrorism in the Sudan.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Deposit of State Moneys Act is amended by
changing Section 22.5 and by adding Section 22.6 as follows:
 
    (15 ILCS 520/22.5)  (from Ch. 130, par. 41a)
    Sec. 22.5. Permitted investments. 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.
        (2.5) Bonds, notes, debentures, or other similar
    obligations of a foreign government, other than the
    Republic of the Sudan, that are guaranteed by the full
    faith and credit of that government as to principal and
    interest, but only if the foreign government has not
    defaulted and has met its payment obligations in a timely
    manner on all similar obligations for a period of at least
    25 years immediately before the time of acquiring those
    obligations.
        (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, and (iv) the corporation is not a forbidden
    entity, as defined in Section 22.6 of the Deposit of State
    Moneys Act.
        (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. 92-546, eff. 1-1-03; 92-851, eff. 8-26-02;
revised 9-19-02.)
 
    (15 ILCS 520/22.6 new)
    Sec. 22.6. Prohibited deposits.
    (a) Notwithstanding any other provision of law, the State
Treasurer shall not deposit any funds into or otherwise
contract with any financial institution unless an expressly
authorized officer of that financial institution annually
certifies, in the manner and form established by the Treasurer,
that the financial institution has implemented policies and
practices that require loan applicants to certify that they are
not forbidden entities.
    (b) For the purposes of this Section:
    "Company" is any entity capable of affecting commerce,
including but not limited to (i) a government, government
agency, natural person, legal person, sole proprietorship,
partnership, firm, corporation, subsidiary, affiliate,
franchisor, franchisee, joint venture, trade association,
financial institution, utility, public franchise, provider of
financial services, trust, or enterprise; and (ii) any
association thereof.
    "Forbidden entity" means any of the following:
        (1) The government of the Republic of the Sudan and any
    of its agencies, including but not limited to political
    units and subdivisions;
        (2) Any company that is wholly or partially managed or
    controlled by the government of the Republic of the Sudan
    and any of its agencies, including but not limited to
    political units and subdivisions;
        (3) Any company (i) that is established or organized
    under the laws of the Republic of the Sudan; or (ii) whose
    principal place of business is in the Republic of the
    Sudan;
        (4) Any company (i) identified by the Office of Foreign
    Assets Control in the United States Department of the
    Treasury as sponsoring terrorist activities; or (ii)
    fined, penalized, or sanctioned by the Office of Foreign
    Assets Control in the United States Department of the
    Treasury for any violation of any United States rules and
    restrictions relating to the Republic of the Sudan that
    occurred at any time following the effective date of this
    Act; and
        (5) Any company who has failed to certify under oath
    that it does not own or control any property or asset
    located in, have employees or facilities located in,
    provide goods or services to, obtain goods or services
    from, have distribution agreements with, issue credits or
    loans to, purchase bonds or commercial paper issued by, or
    invest in (i) the Republic of the Sudan; or (ii) any
    company domiciled in the Republic of the Sudan.
    Notwithstanding the foregoing, the term "forbidden entity"
shall exclude companies, except agencies of the Republic of the
Sudan, who are certified as Non-Government Organizations by the
United Nations, or who engage solely in (i) the provision of
goods and services intended to relieve human suffering or to
promote welfare, health, religious and spiritual activities,
and education for humanitarian purposes or otherwise; or (ii)
journalistic activities.
    (c) In addition to any other penalties and remedies
available under the law of Illinois and the United States, any
transaction between a financial institution and a company that
violates the provisions of this Act shall be void or voidable,
at the joint discretion of the Treasurer and the financial
institution.
    (d) This Section does not apply to (a) linked deposits made
by the Treasurer into financial institutions in return for that
institution's commitment to provide, through loans or other
financial support, agreed benefits in projects undertaken in
the community; and (b) the purchase of depository, custodial,
processing, and advisory services that are necessary to fulfill
the Treasurer's obligations and responsibilities.
 
    Section 10. The Illinois Pension Code is amended by adding
Section 1-110.5 as follows:
 
    (40 ILCS 5/1-110.5 new)
    Sec. 1-110.5. Certain prohibited transactions.
    (a) A fiduciary of a retirement system or pension fund
established under this Code shall not transfer or disburse
funds to, deposit into, acquire any bonds or commercial paper
from, or otherwise loan to or invest in any entity unless the
company charged with managing the assets of the retirement
system or pension fund, at no additional cost to the fiduciary,
certifies to the fiduciary, in the manner and form established
by the Treasurer, that:
        (1) the fund managing company has not loaned to,
    invested in, or otherwise transferred any of the retirement
    system or pension fund's assets to a forbidden entity any
    time after the effective date of this Act;
        (2) at least 60% of the retirement system or pension
    fund's assets are not invested in forbidden entities at any
    time more than twelve months after the effective date of
    this Act;
        (3) at least 100% of the retirement system or pension
    fund's assets are not invested in forbidden entities at any
    time more than eighteen months after the effective date of
    this Act.
        
    (b) For purposes of this Section:
    "Company" is any entity capable of affecting commerce,
    including but not limited to (i) a government, government
    agency, natural person, legal person, sole proprietorship,
    partnership, firm, corporation, subsidiary, affiliate,
    franchisor, franchisee, joint venture, trade association,
    financial institution, utility, public franchise, provider
    of financial services, trust, or enterprise; and (ii) any
    association thereof.
    "Forbidden entity" means any of the following:
    (1) The government of the Republic of the Sudan and any of
    its agencies, including but not limited to political units
    and subdivisions;
    (2) Any company that is wholly or partially managed or
    controlled by the government of the Republic of the Sudan
    and any of its agencies, including but not limited to
    political units and subdivisions;
    (3) Any company (i) that is established or organized under
    the laws of the Republic of the Sudan; (ii) whose principal
    place of business is in the Republic of the Sudan;
    (4) Any company (i) identified by the Office of Foreign
    Assets Control in the United States Department of the
    Treasury as sponsoring terrorist activities; or (ii)
    fined, penalized, or sanctioned by the Office of Foreign
    Assets Control in the United States Department of the
    Treasury for any violation of any United States rules and
    restrictions relating to the Republic of the Sudan that
    occurred at any time following the effective date of this
    Act; and
    (5) Any publicly traded company who has been identified by
    an independent researching firm that specializes in global
    security risk as being a company that owns or controls
    property or assets located in, has employees or facilities
    located in, provides goods or services to, obtain goods or
    services from, has distribution agreements with, issue
    credits or loans to, purchase bonds or commercial paper
    issued by, or invest in (i) the Republic of the Sudan; or
    (ii) any company domiciled in the Republic of the Sudan;
    and
    (6) Any non publicly-traded company that fails to submit to
    the fund managing company an affidavit sworn under oath in
    which an expressly authorized officer of the company avers
    that the company (i) does not own or control any property
    or asset located in the Republic of the Sudan; and (ii) did
    not transact commercial business in the Republic of the
    Sudan.
Notwithstanding the foregoing, the term "forbidden entity"
shall exclude companies, except agencies of the Republic of the
Sudan, who are certified as Non-Government Organizations by the
United Nations, or who engage solely in (i) the provision of
goods and services intended to relieve human suffering or to
promote welfare, health, religious and spiritual activities,
and education humanitarian purposes or otherwise; or (ii)
journalistic activities.
    (c) In addition to any other penalties and remedies
available under the law of Illinois and the United States, any
transaction that violates the provisions of this Act shall be
void or voidable, at the sole discretion of the fiduciary.
 
    Section 90. Term; construction. The provisions of this
amendatory Act of the 94th General Assembly shall have full
force and effect until such time as the government of the
United States, through Executive Order or otherwise, rescinds
Executive Order 13067, or until such time as these provisions
are repealed or modified by the General Assembly. This
amendatory Act of the 94th General Assembly shall be construed
under the laws of the State of Illinois and, where applicable,
the laws of the United States.
 
    Section 99. Effective date. This Act takes effect 7 months
after becoming law.

Effective Date: 1/27/2006