|  |
Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
EXECUTIVE BRANCH (20 ILCS 1110/) Illinois Coal and Energy Development Bond Act. 20 ILCS 1110/1
(20 ILCS 1110/1) (from Ch. 96 1/2, par. 4101)
Sec. 1.
Short title.
This Act may be cited
as the Illinois Coal and Energy Development Bond Act.
(Source: P.A. 86-1475.)
|
20 ILCS 1110/2
(20 ILCS 1110/2) (from Ch. 96 1/2, par. 4102)
Sec. 2.
As used in this Act, "coal" or "coal resources" include coal,
coal products or by-products, including electricity and synthetic fuels.
"Development of fossil fuels and coal resources" includes research,
development, and demonstration of improved methods of discovery,
production, transportation, sale, distribution, conversion, utilization,
end-use and waste disposal of fossil fuels and coal resources.
"Development of alternative forms of energy" includes research, development
and demonstration for the purposes of promoting the adoption and
utilization of energy systems, including but not limited to solar heating
and cooling, solar passive, photovoltaic, wind, bioconversion, geothermal,
hydroelectric, re-use of waste energy, re-use of waste materials, and any
other energy system except that which is generated by nuclear energy.
"Fossil fuels" include petroleum, petroleum by-products and natural gas.
(Source: P.A. 84-1452.)
|
20 ILCS 1110/3
(20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
Sec. 3. The Department of Commerce and Economic Opportunity shall have the
following powers and duties:
(a) To solicit, accept and expend gifts, grants or any form of
assistance, from any source, including but not limited to, the federal
government or any agency thereof;
(b) To enter into contracts, including, but not limited to, service
contracts, with business, industrial, university,
governmental or other qualified individuals or organizations to promote
development of coal and other energy resources. Such contracts may be
for, but are not limited to, the following purposes: (1) the
commercial application of existing technology for development of coal
resources, (2) to initiate or complete development of new technology for
development of coal resources, and (3) for planning, design,
acquisition, development, construction, improvement and financing a site
or sites and facilities for establishing plants, projects or
demonstrations for development of coal resources and research,
development and demonstration of alternative forms of energy; and
(c) In the exercise of other powers granted it under this Act, to
acquire property, real, personal or mixed, including any rights therein,
by exercise of the power of condemnation in accordance with the
procedures provided for the exercise of eminent domain under the Eminent Domain Act, provided, however, the power of
condemnation shall be exercised solely for the purposes of
siting and/or rights of way and/or easements appurtenant to coal
utilization and/or coal conversion projects. The Department shall not
exercise its powers of condemnation until it has used reasonable good
faith efforts to acquire such property before filing a petition for
condemnation and may thereafter use such powers when it determines that
such condemnation of property rights is necessary to avoid unreasonable
delay or economic hardship to the progress of activities carried out in
the exercise of powers granted under this Act. After June 30, 1985, the
Department shall not exercise its power of condemnation for a project
which does not receive State or U.S. Government funding. Before use of
the power of condemnation for projects not receiving State or U.S.
Government funding, the Department shall hold a public hearing to
receive comments on the exercise of the power of condemnation. The
Department shall use the information received at hearing in making its
final decision on the exercise of the power of condemnation. The
hearing shall be held in a location reasonably accessible to the public
interested in the decision. The Department shall promulgate guidelines
for the conduct of the hearing.
(Source: P.A. 94-793, eff. 5-19-06; 94-1055, eff. 1-1-07.)
|
20 ILCS 1110/3.1
(20 ILCS 1110/3.1) (from Ch. 96 1/2, par. 4103.1)
Sec. 3.1. The Department of Commerce and Economic Opportunity is authorized to
enter into agreements with a county or counties and expend funds authorized by
this Act for purposes set forth in the County Coal Processing Act.
(Source: P.A. 94-793, eff. 5-19-06.)
|
20 ILCS 1110/3.05 (20 ILCS 1110/3.05) Sec. 3.05. Eminent domain. Notwithstanding any other provision of this Act, any power granted under this Act to acquire property by condemnation or eminent domain is subject to, and shall be exercised in accordance with, the Eminent Domain Act.
(Source: P.A. 94-1055, eff. 1-1-07.) |
20 ILCS 1110/6 (20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106) Sec. 6. The Department of Commerce and Economic Opportunity is authorized to use general obligation bond funds for the purposes of issuing grants in accordance with this Act and the General Obligation Bond Act. (Source: P.A. 96-1465, eff. 8-20-10.) |
20 ILCS 1110/7
(20 ILCS 1110/7) (from Ch. 96 1/2, par. 4107)
Sec. 7.
Bonds.
The State of Illinois is authorized to issue, sell
and provide for the retirement of general obligation bonds of the State
of Illinois in the aggregate principal amount of $35,000,000 hereinafter
called "Bonds",
$33,000,000 of which shall be for the specific purposes
of acquisition,
development, construction, reconstruction, improvement, financing,
architectural and technical planning and installation of capital
facilities consisting of buildings, structures, durable equipment, and
land for the purpose of capital development of coal resources, and
$2,000,000 of which shall be for research, development
and demonstration of other forms
of energy. Research, development and demonstration, as provided for under
this Act may occur either on or off State property. The aggregate principal
amount of bonds which may be
authorized by this Act is $35,000,000. For projects
that relate to the
development of coal resources, the State shall participate in only those
projects in which the dollar amount of project expenditures for capital
facilities equals or exceeds the dollar amount of state participation from
the Coal Development Fund. For projects that relate to alternative forms
of energy, the State shall participate only in those projects as described
in Section 3.
(Source: P.A. 83-1490.)
|
20 ILCS 1110/8
(20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
Sec. 8. Sale of bonds. The bonds shall be issued and sold from time to
time in such amounts as directed by the Governor, upon recommendation by the
Director of the
Governor's Office of Management and Budget. The bonds shall be serial bonds in the
denomination of $5,000 or some multiple thereof, shall be payable within 30
years from their date, shall bear interest payable annually or semiannually
from their date at the rate of not more than 15% per annum, or such higher
maximum rate as may be authorized by "An Act to authorize public corporations
to issue bonds, other evidences of indebtedness and tax anticipation warrants
subject to interest rate limitations set forth therein", approved May 26,
1970, as amended, shall be dated, and shall
be in such form as the Director of the
Governor's Office of Management and Budget shall fix and
determine in the order authorizing the issuance and sale of the bonds,
which order shall be approved by the Governor prior to the giving of notice
of the sale of any of the bonds. These bonds shall be payable as to both
principal and interest at such place or places, within or without the State
of Illinois, and may be made registrable as to either principal or as to
both principal and interest, as shall be fixed and determined by the
Director of the
Governor's Office of Management and Budget in the order authorizing the issuance
and sale of such bonds. The bonds may be callable as fixed and determined
by the Director of the
Governor's Office of Management and Budget in the order authorizing the
issuance and sale of the bonds; provided, however, that the State shall not
pay a premium of more than 3% of the principal of any bonds so called.
(Source: P.A. 94-793, eff. 5-19-06.)
|
20 ILCS 1110/9
(20 ILCS 1110/9) (from Ch. 96 1/2, par. 4109)
Sec. 9.
Authentication of Bonds.
The Bonds shall be signed by the Governor and attested by the Secretary
of State under the printed facsimile seal of the State and countersigned by
hand by the Treasurer or by his duly authorized deputy. The signatures of
the Governor and the Secretary of State may be printed facsimile
signatures. Interest coupons with facsimile signatures of the Governor,
Secretary of State and Treasurer may be attached to the Bonds. The fact
that an officer whose signature or facsimile thereof appears on a Bond or
interest coupon no longer holds such office at the time the Bond or coupon
is delivered shall not invalidate such Bond or interest coupon.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/10
(20 ILCS 1110/10) (from Ch. 96 1/2, par. 4110)
Sec. 10. Bond
Proceeds.
The Bonds shall be sold from time to time by the Director of the
Governor's Office of Management and Budget to the highest and best bidders, for not less than their par
value, upon sealed bids, at not exceeding the maximum interest rate fixed
in the order authorizing the issuance of the Bonds. The right to reject any
and all bids may be reserved. The Secretary of State shall, from time to
time, as the Bonds are to be sold, advertise in at least two daily
newspapers, one of which is published in the City of Springfield and one in
the City of Chicago, for proposals to purchase the Bonds. Each of such
advertisements for proposals shall be published once at least 10 days prior
to the date of the opening of the bids. The executed Bonds shall, upon
payment therefor, be delivered to the purchaser, and the proceeds of the
Bonds shall be paid into the State Treasury. The proceeds of the Bonds
shall be deposited in a separate fund known as the "Coal Development Fund",
which separate fund is hereby created.
(Source: P.A. 94-793, eff. 5-19-06.)
|
20 ILCS 1110/11
(20 ILCS 1110/11) (from Ch. 96 1/2, par. 4111)
Sec. 11. Expenditure of funds. At all times, the proceeds from the sale of
Bonds are subject to appropriation by the General Assembly and may be expended
in such amounts and at such times as the Department of Commerce and Economic Opportunity, with the approval of the Illinois Energy Resources Commission, may
deem necessary or desirable for the specific purposes contemplated by this Act.
(Source: P.A. 94-793, eff. 5-19-06.)
|
20 ILCS 1110/12
(20 ILCS 1110/12) (from Ch. 96 1/2, par. 4112)
Sec. 12.
Investment
of Proceeds.
The Treasurer may, with the approval of the Governor, invest and
reinvest any money in the Coal Development Fund in the State Treasury
which, in the opinion of the Governor communicated in writing to the
Treasurer, is not needed for current expenditures due or about to become
due from such funds. Such investments shall be made at the existing market
price and in any event not to exceed 102% of par plus accrued interest, in
obligations, the principal of and interest on which is guaranteed by the
United States Government; any certificates of deposit of any savings and
loan association or State or
national bank which are fully secured by obligations, the principal of and
interest on which is guaranteed by the United States Government or secured
by Bonds of this State or any of its units of local government, school
districts, or public community college districts or municipal
bonds of other states;
or bonds, notes or debentures of the Illinois Building Authority, Illinois
Toll Highway Authority, or Illinois Housing Development Authority.
Securities of other states and their political subdivisions shall not be
accepted at an amount exceeding 90% of their market value. All securities
shall be subject to acceptance only upon the approval of the Treasurer. The
cost price of all such obligations shall be considered as cash in the
custody of the Treasurer, and such obligations shall be conveyed at cost
price as cash by the Treasurer to his successor. The money in the Coal
Development Fund in the form of such obligations shall be set up by the
Treasurer as separate accounts and shown distinctly in every report issued
by him regarding fund balances. All earnings received upon any such
investment shall be paid into the General Revenue Fund. All of the monies
other than accrued interest received from the sale or redemption of such
investments shall be replaced by the Treasurer in the funds from which the
money was removed for such investment.
No bank or savings and loan association shall receive public funds as
permitted by this Section, unless it has complied with the requirements
established pursuant to Section 6 of "An Act relating to certain investments of public
funds by public agencies", approved July 23, 1943, as now or hereafter amended.
(Source: P.A. 83-541.)
|
20 ILCS 1110/13
(20 ILCS 1110/13) (from Ch. 96 1/2, par. 4113)
Sec. 13.
Repayments.
To provide for the manner of repayment of the Bonds, the Governor shall
include an appropriation in each annual State Budget of such monies shall
be necessary and sufficient for the period covered by such budget to pay
the interest, as it shall accrue, on all Bonds issued under this Act and
also to pay and discharge the principal of the Bonds as shall by their
terms fall due during such period. A separate fund in the State Treasury
called the "Coal Development Bond Retirement and Interest Fund" is hereby
created. The General Assembly shall make appropriations to pay the
principal of and interest on the Bonds from the Coal Development Bond
Retirement and Interest Fund. If for any reason the General Assembly fails
to make appropriations of amounts sufficient for the State to pay the
principal of and interest on the Bonds as the same shall by the terms of
the Bonds become due, this Act shall constitute an irrevocable and
continuing appropriation of all amounts necessary for that purpose, and the
irrevocable and continuing authority for and direction to the Comptroller
and to the Treasurer of the State to make the necessary transfers out of
and disbursements from the revenues and funds of the State available for
that purpose.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/14
(20 ILCS 1110/14) (from Ch. 96 1/2, par. 4114)
Sec. 14.
Bond
repayment-general obligations.
All Bonds issued in accordance with the provisions of this Act shall be
direct, general obligations of the State of Illinois and shall so state on
the face thereof, and the full faith and credit of the State of Illinois
are hereby pledged for the punctual payment of the interest thereon as the
same shall become due and for the punctual payment of the principal thereof
at maturity, and the provisions of this Section shall be irrepealable until
all such Bonds are paid in full as to both principal and interest.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/15
(20 ILCS 1110/15) (from Ch. 96 1/2, par. 4115)
Sec. 15.
Default.
If the State fails to pay the principal of, or interest on, any of the
Bonds as they become due, a civil action to compel payment may be
instituted in the Supreme Court of Illinois as a court of original
jurisdiction by the holder or holders of the Bonds on which such default of
payment exists. Delivery of a summons and a copy of the complaint to the
Attorney General shall constitute sufficient service to give the Supreme
Court of Illinois jurisdiction of the subject matter of such a suit and
jurisdiction over the State and its officers named as defendants for the
purpose of compelling such payment. Any case, controversy or cause of
action concerning the validity of this Act relates to the revenue of the
State of Illinois.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/16
(20 ILCS 1110/16) (from Ch. 96 1/2, par. 4116)
Sec. 16.
Treasurer and Comptroller.
Upon each delivery of Bonds
authorized to be issued under this Act, the Comptroller shall compute
and certify to the State Treasurer the total amount of principal
of and interest on the Bonds issued that will be payable in order to retire
such Bonds and the amount of principal of and interest on such Bonds that
will be payable on each payment date according to the tenor of such Bonds
during the then current and each succeeding fiscal year. On or before that
last day of the month preceding each payment date, the Treasurer and the
Comptroller shall transfer from the General Revenue Fund in the State
Treasury to the Coal Development Bond Retirement and Interest Fund a sum of
money, appropriated for such purpose, so that the Fund contains an amount
equal to the aggregate of the amount of principal and interest payable by
the terms of the Bonds on the next payment date. Such computations and
transfers shall be made for each series of the Bonds issued and delivered.
The transfer of monies directed by this Section is not required if monies
in the Coal Development Bond Retirement and Interest Fund received from
other sources are more than the amount otherwise to be transferred as
herein provided, and if the Governor so notifies the Comptroller and the
Treasurer.
(Source: P.A. 83-1280.)
|
20 ILCS 1110/17
(20 ILCS 1110/17) (from Ch. 96 1/2, par. 4117)
Sec. 17.
Refunding
Bonds.
The State of Illinois is authorized, from time to time as the Governor
shall determine, to issue, sell and provide for the retirement of bonds of
the State of Illinois for the sole purpose of refunding all or any portion
of the principal of the Bonds issued under the provisions of this Act;
provided that such refunding bonds shall mature no later than the final
maturity date of the Bonds being refunded. Such refunding bonds shall in
all other respects be subject to the terms and conditions of Sections 9,
10, 12, 13, 14, 15, 16, and 17 of this Act. The principal amount of any
refunding bonds shall not exceed 103% of the principal amount of the Bonds
refunded with the proceeds of such refunding bonds.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/19
(20 ILCS 1110/19) (from Ch. 96 1/2, par. 4118)
Sec. 19.
Severability.
If any Section, sentence, or clause of this Act is for any reason held
invalid or to be unconstitutional, such decision shall not affect the
validity of the remaining portions of this Act.
(Source: P.A. 78-1122.)
|
20 ILCS 1110/19.1
(20 ILCS 1110/19.1) (from Ch. 96 1/2, par. 4119)
Sec. 19.1.
After December 1, 1984 no additional bonds shall be issued or
sold pursuant to this Act; instead all State of Illinois general obligation
bonds shall be issued and sold pursuant to the "General Obligation Bond Act".
(Source: P.A. 83-1490.)
|
|
|
|