Illinois 96th Regular Session Status: Enacted

SB 1609 — DESIGN-BUILD-NO REPEAL

Last action — Public Act . . . . . . . . . 96-0018

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 19, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

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High

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  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Design-Build Procurement Act. Eliminates the Act's July 1, 2009 repeal provision. Effective immediately.

Bill Text

What changed in the latest version

491 added · 112 removed

Plain-language change summary

In the latest version of SB 1609, the bill has removed a section related to the procedures for selecting design-build entities, which outlined how state construction agencies should evaluate and choose contractors. This change is significant because it streamlines the bond issuance process, focusing on financing rather than procurement, which could make it easier and faster to allocate funds for public projects. By shifting the emphasis, the state may improve its ability to respond to urgent infrastructure needs.

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SB1609 Engrossed LRB096 08932 JAM 19069 b AN ACT concerning finance.
SB1609 Enrolled LRB096 08932 JAM 19069 b AN ACT concerning finance.
The Design-Build Procurement Act is amended by changing Section 30 as follows:
The General Obligation Bond Act is amended by changing Sections 9, 11, and 16 as follows:
(30 ILCS 537/30) (Section scheduled to be repealed on July 1, 2009) Sec.
(30 ILCS 330/9) (from Ch.
30.
127, par.
Procedures for Selection.
659) Sec.
(a) The State construction agency must use a two-phase procedure for the selection of the successful design-build entity.
9.
Phase I of the procedure will evaluate and shortlist the design-build entities based on qualifications, and Phase II will evaluate the technical and cost proposals.
Conditions for Issuance and Sale of Bonds - Requirements for Bonds.
(b) The State construction agency shall include in the request for proposal the evaluating factors to be used in Phase I.
(a) Except as otherwise provided in this subsection, Bonds shall be issued and sold from time to time, in one or more series, in such amounts and at such prices as may be directed by the Governor, upon recommendation by the Director of the Governor's Office of Management and Budget.
These factors are in addition to any prequalification requirements of design-build entities that the agency has set forth.
Bonds shall be in such form (either coupon, registered or book entry), in such denominations, payable within 25 years from their date, subject to such terms of redemption with or without premium, bear interest payable at such times and at such fixed or variable rate or rates, and be dated 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 any series of Bonds, which order shall be approved by the Governor and is herein called a "Bond Sale Order";
Each request for proposal shall establish the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the State construction agency.
provided however, that interest payable at fixed or variable rates shall not exceed SB1609 Enrolled - 2 - LRB096 08932 JAM 19069 b that permitted in the Bond Authorization Act, as now or hereafter amended.
The State construction agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
Bonds shall be payable 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 specified in the Bond Sale Order.
SB1609 Engrossed - 2 - LRB096 08932 JAM 19069 b The State construction agency shall include the following criteria in every Phase I evaluation of design-build entities:
Bonds may be callable or subject to purchase and retirement or tender and remarketing as fixed and determined in the Bond Sale Order.
(1) experience of personnel;
Bonds (i) except for refunding Bonds satisfying the requirements of Section 16 of this Act and sold during fiscal year 2009, 2010, or 2011, must be issued with principal or mandatory redemption amounts in equal amounts, with the first maturity issued occurring within the fiscal year in which the Bonds are issued or within the next succeeding fiscal year and (ii) must mature or be , with Bonds issued maturing or subject to mandatory redemption each fiscal year thereafter up to 25 years, except for refunding Bonds satisfying the requirements of Section 16 of this Act and sold during fiscal year 2009, 2010, or 2011 which must mature or be subject to mandatory redemption each fiscal year thereafter up to 16 years.
(2) successful experience with similar project types;
In the case of any series of Bonds bearing interest at a variable interest rate ("Variable Rate Bonds"), in lieu of determining the rate or rates at which such series of Variable Rate Bonds shall bear interest and the price or prices at which such Variable Rate Bonds shall be initially sold or remarketed (in the event of purchase and subsequent resale), the Bond Sale Order may provide that such interest rates and prices may vary SB1609 Enrolled - 3 - LRB096 08932 JAM 19069 b from time to time depending on criteria established in such Bond Sale Order, which criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgment of a remarketing agent, be necessary to cause Variable Rate Bonds of such series to be remarketable from time to time at a price equal to their principal amount, and may provide for appointment of a bank, trust company, investment bank, or other financial institution to serve as remarketing agent in that connection.
(3) financial capability;
The Bond Sale Order may provide that alternative interest rates or provisions for establishing alternative interest rates, different security or claim priorities, or different call or amortization provisions will apply during such times as Variable Rate Bonds of any series are held by a person providing credit or liquidity enhancement arrangements for such Bonds as authorized in subsection (b) of this Section.
(4) timeliness of past performance;
The Bond Sale Order may also provide for such variable interest rates to be established pursuant to a process generally known as an auction rate process and may provide for appointment of one or more financial institutions to serve as auction agents and broker-dealers in connection with the establishment of such interest rates and the sale and remarketing of such Bonds.
(5) experience with similarly sized projects;
(b) In connection with the issuance of any series of Bonds, the State may enter into arrangements to provide additional security and liquidity for such Bonds, including, without limitation, bond or interest rate insurance or letters of SB1609 Enrolled - 4 - LRB096 08932 JAM 19069 b credit, lines of credit, bond purchase contracts, or other arrangements whereby funds are made available to retire or purchase Bonds, thereby assuring the ability of owners of the Bonds to sell or redeem their Bonds.
(6) successful reference checks of the firm;
The State may enter into contracts and may agree to pay fees to persons providing such arrangements, but only under circumstances where the Director of the Governor's Office of Management and Budget certifies that he or she reasonably expects the total interest paid or to be paid on the Bonds, together with the fees for the arrangements (being treated as if interest), would not, taken together, cause the Bonds to bear interest, calculated to their stated maturity, at a rate in excess of the rate that the Bonds would bear in the absence of such arrangements.
(7) commitment to assign personnel for the duration of the project and qualifications of the entity's consultants;
The State may, with respect to Bonds issued or anticipated to be issued, participate in and enter into arrangements with respect to interest rate protection or exchange agreements, guarantees, or financial futures contracts for the purpose of limiting, reducing, or managing interest rate exposure.
and (8) ability or past performance in meeting or exhausting good faith efforts to meet the utilization goals for business enterprises established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act and with Section 2-105 of the Illinois Human Rights Act.
The authority granted under this paragraph, however, shall not increase the principal amount of Bonds authorized to be issued by law.
The State construction agency may include any additional relevant criteria in Phase I that it deems necessary for a proper qualification review.
The arrangements may be executed and delivered by the Director of the Governor's Office of Management and Budget on behalf of the State.
The State construction agency may not consider any design-build entity for evaluation or award if the entity has any pecuniary interest in the project or has other relationships or circumstances, including but not limited to, long-term leasehold, mutual performance, or development contracts with the State construction agency, that may give the design-build entity a financial or tangible advantage over other design-build entities in the preparation, evaluation, or performance of the design-build contract or that create the appearance of impropriety.
Net payments for such arrangements shall constitute interest on the Bonds and shall be paid from the General Obligation Bond Retirement and Interest Fund.
No proposal shall be considered that does not include an entity's plan to comply with the SB1609 Engrossed - 3 - LRB096 08932 JAM 19069 b requirements established in the Business Enterprise for Minorities, Females, and Persons with Disabilities Act, for both the design and construction areas of performance, and with Section 2-105 of the Illinois Human Rights Act.
The Director of the Governor's Office of Management and Budget SB1609 Enrolled - 5 - LRB096 08932 JAM 19069 b shall at least annually certify to the Governor and the State Comptroller his or her estimate of the amounts of such net payments to be included in the calculation of interest required to be paid by the State.
Upon completion of the qualifications evaluation, the State construction agency shall create a shortlist of the most highly qualified design-build entities.
(c) Prior to the issuance of any Variable Rate Bonds pursuant to subsection (a), the Director of the Governor's Office of Management and Budget shall adopt an interest rate risk management policy providing that the amount of the State's variable rate exposure with respect to Bonds shall not exceed 20%.
The State construction agency, in its discretion, is not required to shortlist the maximum number of entities as identified for Phase II evaluation, provided however, no less than 2 design-build entities nor more than 6 are selected to submit Phase II proposals.
This policy shall remain in effect while any Bonds are outstanding and the issuance of Bonds shall be subject to the terms of such policy.
The State construction agency shall notify the entities selected for the shortlist in writing.
The terms of this policy may be amended from time to time by the Director of the Governor's Office of Management and Budget but in no event shall any amendment cause the permitted level of the State's variable rate exposure with respect to Bonds to exceed 20%.
This notification shall commence the period for the preparation of the Phase II technical and cost evaluations.
The State construction agency must allow sufficient time for the shortlist entities to prepare their Phase II submittals considering the scope and detail requested by the State agency.
(c) The State construction agency shall include in the request for proposal the evaluating factors to be used in the technical and cost submission components of Phase II.
Each request for proposal shall establish, for both the technical and cost submission components of Phase II, the relative importance assigned to each evaluation factor and subfactor, including any weighting of criteria to be employed by the State SB1609 Engrossed - 4 - LRB096 08932 JAM 19069 b construction agency.
The State construction agency must maintain a record of the evaluation scoring to be disclosed in event of a protest regarding the solicitation.
The State construction agency shall include the following criteria in every Phase II technical evaluation of design-build entities:
(1) compliance with objectives of the project;
(2) compliance of proposed services to the request for proposal requirements;
(3) quality of products or materials proposed;
(4) quality of design parameters;
(5) design concepts;
(6) innovation in meeting the scope and performance criteria;
and (7) constructability of the proposed project.
The State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.
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The State construction agency shall include the following criteria in every Phase II cost evaluation:
the total project cost, the construction costs, and the time of completion.
The State construction agency may include any additional relevant technical evaluation factors it deems necessary for proper selection.
The total project cost criteria weighing factor shall be 25%.
The State construction agency shall directly employ or retain a licensed design professional to evaluate the technical and cost submissions to determine if the technical submissions are in accordance with generally accepted industry standards.
Upon completion of the technical submissions and cost SB1609 Engrossed - 5 - LRB096 08932 JAM 19069 b submissions evaluation, the State construction agency may award the design-build contract to the highest overall ranked entity.
94-716, eff.
92-16, eff.
12-13-05.) (30 ILCS 537/90 rep.) Section 10.
6-28-01;
The Design-Build Procurement Act is amended by repealing Section 90.
93-9, eff.
Section 99.
6-3-03;
93-666, eff.
3-5-04;
93-839, eff.
7-30-04.) (30 ILCS 330/11) (from Ch.
127, par.
661) Sec.
11.
Sale of Bonds.
Except as otherwise provided in this Section, Bonds shall be sold from time to time pursuant to notice of sale and public bid or by negotiated sale in such amounts and at such times as is directed by the Governor, upon recommendation by the Director of the Governor's Office of Management and Budget.
At least 25%, based on total principal SB1609 Enrolled - 6 - LRB096 08932 JAM 19069 b amount, of all Bonds issued each fiscal year shall be sold pursuant to notice of sale and public bid.
At all times during each fiscal year, no more than 75%, based on total principal amount, of the Bonds issued each fiscal year, shall have been sold by negotiated sale.
Failure to satisfy the requirements in the preceding 2 sentences shall not affect the validity of any previously issued Bonds;
and further provided that refunding Bonds satisfying the requirements of Section 16 of this Act and sold during fiscal year 2009, 2010, or 2011 shall not be subject to the requirements in the preceding 2 sentences.
If any Bonds, including refunding Bonds, are to be sold by negotiated sale, the Director of the Governor's Office of Management and Budget shall comply with the competitive request for proposal process set forth in the Illinois Procurement Code and all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and public bid, the Director of the Governor's Office of Management and Budget shall, from time to time, as Bonds are to be sold, advertise the sale of the Bonds in at least 2 daily newspapers, one of which is published in the City of Springfield and one in the City of Chicago.
The sale of the Bonds shall also be advertised in the volume of the Illinois Procurement Bulletin that is published by the Department of Central Management Services.
Each of the advertisements for proposals shall be published once at least 10 days prior to the date fixed for the opening of the bids.
The Director of the Governor's Office of SB1609 Enrolled - 7 - LRB096 08932 JAM 19069 b Management and Budget may reschedule the date of sale upon the giving of such additional notice as the Director deems adequate to inform prospective bidders of such change;
provided, however, that all other conditions of the sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered to the purchaser, and the proceeds of Bonds shall be paid into the State Treasury as directed by Section 12 of this Act.
(Source:
P.A.
93-839, eff.
7-30-04.) (30 ILCS 330/16) (from Ch.
127, par.
666) Sec.
16.
Refunding 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 amount of $4,839,025,000 $2,839,025,000, at any time and from time to time outstanding, for the purpose of refunding any State of Illinois general obligation Bonds then outstanding, including the payment of any redemption premium thereon, any reasonable expenses of such refunding, any interest accrued or to accrue to the earliest or any subsequent date of redemption or maturity of such outstanding Bonds and any interest to accrue to the first interest payment on the refunding Bonds;
provided that all non-refunding Bonds in an issue that includes refunding Bonds shall mature no later than the final maturity date of Bonds being refunded;
provided that no refunding Bonds shall be offered for sale unless the net present value of debt SB1609 Enrolled - 8 - LRB096 08932 JAM 19069 b service savings to be achieved by the issuance of the refunding Bonds is 3% or more of the principal amount of the refunding Bonds to be issued;
and further provided that, except for refunding Bonds sold in fiscal year 2009, 2010, or 2011, the maturities of the refunding Bonds shall not extend beyond the maturities of the Bonds they refund, so that for each fiscal year in the maturity schedule of a particular issue of refunding Bonds, the total amount of refunding principal maturing and redemption amounts due in that fiscal year and all prior fiscal years in that schedule shall be greater than or equal to the total amount of refunded principal and redemption amounts that had been due over that year and all prior fiscal years prior to the refunding.
The Governor shall notify the State Treasurer and Comptroller of such refunding.
The proceeds received from the sale of refunding Bonds shall be used for the retirement at maturity or redemption of such outstanding Bonds on any maturity or redemption date and, pending such use, shall be placed in escrow, subject to such terms and conditions as shall be provided for in the Bond Sale Order relating to the Refunding Bonds.
Proceeds not needed for deposit in an escrow account shall be deposited in the General Obligation Bond Retirement and Interest Fund.
This Act shall constitute an irrevocable and continuing appropriation of all amounts necessary to establish an escrow account for the purpose of refunding outstanding general obligation Bonds and to pay the SB1609 Enrolled - 9 - LRB096 08932 JAM 19069 b reasonable expenses of such refunding and of the issuance and sale of the refunding Bonds.
Any such escrowed proceeds may be invested and reinvested in direct obligations of the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, when due, of the principal of and interest and redemption premium, if any, on the refunded Bonds.
After the terms of the escrow have been fully satisfied, any remaining balance of such proceeds and interest, income and profits earned or realized on the investments thereof shall be paid into the General Revenue Fund.
The liability of the State upon the Bonds shall continue, provided that the holders thereof shall thereafter be entitled to payment only out of the moneys deposited in the escrow account.
Except as otherwise herein provided in this Section, such refunding Bonds shall in all other respects be subject to the terms and conditions of this Act.
(Source:
P.A.
93-839, eff.
7-30-04.) Section 10.
The Build Illinois Bond Act is amended by changing Sections 6, 8, and 15 as follows:
(30 ILCS 425/6) (from Ch.
127, par.
2806) Sec.
6.
Conditions for Issuance and Sale of Bonds - Requirements for Bonds - Master and Supplemental Indentures - Credit and Liquidity Enhancement.
SB1609 Enrolled - 10 - LRB096 08932 JAM 19069 b (a) Bonds shall be issued and sold from time to time, in one or more series, in such amounts and at such prices as directed by the Governor, upon recommendation by the Director of the Governor's Office of Management and Budget.
Bonds shall be payable only from the specific sources and secured in the manner provided in this Act.
Bonds shall be in such form, in such denominations, mature on such dates within 25 years from their date of issuance, be subject to optional or mandatory redemption, bear interest payable at such times and at such rate or rates, fixed or variable, and be dated as shall be fixed and determined by the Director of the Governor's Office of Management and Budget in an order authorizing the issuance and sale of any series of Bonds, which order shall be approved by the Governor and is herein called a "Bond Sale Order";
provided, however, that interest payable at fixed rates shall not exceed that permitted in "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 now or hereafter amended, and interest payable at variable rates shall not exceed the maximum rate permitted in the Bond Sale Order.
Said Bonds shall be payable at such place or places, within or without the State of Illinois, and may be made registrable as to either principal only or as to both principal and interest, as shall be specified in the Bond Sale Order.
Bonds may be callable or subject to purchase and retirement or SB1609 Enrolled - 11 - LRB096 08932 JAM 19069 b remarketing as fixed and determined in the Bond Sale Order.
Bonds (i) except for refunding Bonds satisfying the requirements of Section 15 of this Act and sold during fiscal year 2009, 2010, or 2011, must be issued with principal or mandatory redemption amounts in equal amounts, with the first maturity issued occurring within the fiscal year in which the Bonds are issued or within the next succeeding fiscal year and (ii) must mature or be , with Bonds issued maturing or subject to mandatory redemption each fiscal year thereafter up to 25 years, except for refunding Bonds satisfying the requirements of Section 16 of this Act and sold during fiscal year 2009, 2010, or 2011 which must mature or be subject to mandatory redemption each fiscal year thereafter up to 16 years.
All Bonds authorized under this Act shall be issued pursuant to a master trust indenture ("Master Indenture") executed and delivered on behalf of the State by the Director of the Governor's Office of Management and Budget, such Master Indenture to be in substantially the form approved in the Bond Sale Order authorizing the issuance and sale of the initial series of Bonds issued under this Act.
Such initial series of Bonds may, and each subsequent series of Bonds shall, also be issued pursuant to a supplemental trust indenture ("Supplemental Indenture") executed and delivered on behalf of the State by the Director of the Governor's Office of Management and Budget, each such Supplemental Indenture to be in substantially the form approved in the Bond Sale Order SB1609 Enrolled - 12 - LRB096 08932 JAM 19069 b relating to such series.
The Master Indenture and any Supplemental Indenture shall be entered into with a bank or trust company in the State of Illinois having trust powers and possessing capital and surplus of not less than $100,000,000.
Such indentures shall set forth the terms and conditions of the Bonds and provide for payment of and security for the Bonds, including the establishment and maintenance of debt service and reserve funds, and for other protections for holders of the Bonds.
The term "reserve funds" as used in this Act shall include funds and accounts established under indentures to provide for the payment of principal of and premium and interest on Bonds, to provide for the purchase, retirement or defeasance of Bonds, to provide for fees of trustees, registrars, paying agents and other fiduciaries and to provide for payment of costs of and debt service payable in respect of credit or liquidity enhancement arrangements, interest rate swaps or guarantees or financial futures contracts and indexing and remarketing agents' services.
In the case of any series of Bonds bearing interest at a variable interest rate ("Variable Rate Bonds"), in lieu of determining the rate or rates at which such series of Variable Rate Bonds shall bear interest and the price or prices at which such Variable Rate Bonds shall be initially sold or remarketed (in the event of purchase and subsequent resale), the Bond Sale Order may provide that such interest rates and prices may vary from time to time depending on criteria established in such SB1609 Enrolled - 13 - LRB096 08932 JAM 19069 b Bond Sale Order, which criteria may include, without limitation, references to indices or variations in interest rates as may, in the judgment of a remarketing agent, be necessary to cause Bonds of such series to be remarketable from time to time at a price equal to their principal amount (or compound accreted value in the case of original issue discount Bonds), and may provide for appointment of indexing agents and a bank, trust company, investment bank or other financial institution to serve as remarketing agent in that connection.
The Bond Sale Order may provide that alternative interest rates or provisions for establishing alternative interest rates, different security or claim priorities or different call or amortization provisions will apply during such times as Bonds of any series are held by a person providing credit or liquidity enhancement arrangements for such Bonds as authorized in subsection (b) of Section 6 of this Act.
(b) In connection with the issuance of any series of Bonds, the State may enter into arrangements to provide additional security and liquidity for such Bonds, including, without limitation, bond or interest rate insurance or letters of credit, lines of credit, bond purchase contracts or other arrangements whereby funds are made available to retire or purchase Bonds, thereby assuring the ability of owners of the Bonds to sell or redeem their Bonds.
The State may enter into contracts and may agree to pay fees to persons providing such arrangements, but only under circumstances where the Director SB1609 Enrolled - 14 - LRB096 08932 JAM 19069 b of the Bureau of the Budget (now Governor's Office of Management and Budget) certifies that he reasonably expects the total interest paid or to be paid on the Bonds, together with the fees for the arrangements (being treated as if interest), would not, taken together, cause the Bonds to bear interest, calculated to their stated maturity, at a rate in excess of the rate which the Bonds would bear in the absence of such arrangements.
Any bonds, notes or other evidences of indebtedness issued pursuant to any such arrangements for the purpose of retiring and discharging outstanding Bonds shall constitute refunding Bonds under Section 15 of this Act.
The State may participate in and enter into arrangements with respect to interest rate swaps or guarantees or financial futures contracts for the purpose of limiting or restricting interest rate risk;
provided that such arrangements shall be made with or executed through banks having capital and surplus of not less than $100,000,000 or insurance companies holding the highest policyholder rating accorded insurers by A.M.
Best & Co.
or any comparable rating service or government bond dealers reporting to, trading with, and recognized as primary dealers by a Federal Reserve Bank and having capital and surplus of not less than $100,000,000, or other persons whose debt securities are rated in the highest long-term categories by both Moody's Investors' Services, Inc.
and Standard & Poor's Corporation.
Agreements incorporating any of the foregoing arrangements may be executed and delivered by the Director of SB1609 Enrolled - 15 - LRB096 08932 JAM 19069 b the Governor's Office of Management and Budget on behalf of the State in substantially the form approved in the Bond Sale Order relating to such Bonds.
(Source:
P.A.
93-839, eff.
7-30-04.) (30 ILCS 425/8) (from Ch.
127, par.
2808) Sec.
8.
Sale of Bonds.
Bonds, except as otherwise provided in this Section, shall be sold from time to time pursuant to notice of sale and public bid or by negotiated sale in such amounts and at such times as are directed by the Governor, upon recommendation by the Director of the Governor's Office of Management and Budget.
At least 25%, based on total principal amount, of all Bonds issued each fiscal year shall be sold pursuant to notice of sale and public bid.
At all times during each fiscal year, no more than 75%, based on total principal amount, of the Bonds issued each fiscal year shall have been sold by negotiated sale.
Failure to satisfy the requirements in the preceding 2 sentences shall not affect the validity of any previously issued Bonds;
and further provided that refunding Bonds satisfying the requirements of Section 15 of this Act and sold during fiscal year 2009, 2010, or 2011 shall not be subject to the requirements in the preceding 2 sentences.
If any Bonds are to be sold pursuant to notice of sale and public bid, the Director of the Governor's Office of Management and Budget shall comply with the competitive request for proposal process set forth in the Illinois Procurement Code and SB1609 Enrolled - 16 - LRB096 08932 JAM 19069 b all other applicable requirements of that Code.
If Bonds are to be sold pursuant to notice of sale and public bid, the Director of the Governor's Office of Management and Budget shall, from time to time, as Bonds are to be sold, advertise the sale of the Bonds in at least 2 daily newspapers, one of which is published in the City of Springfield and one in the City of Chicago.
The sale of the Bonds shall also be advertised in the volume of the Illinois Procurement Bulletin that is published by the Department of Central Management Services.
Each of the advertisements for proposals shall be published once at least 10 days prior to the date fixed for the opening of the bids.
The Director of the Governor's Office of Management and Budget may reschedule the date of sale upon the giving of such additional notice as the Director deems adequate to inform prospective bidders of the change;
provided, however, that all other conditions of the sale shall continue as originally advertised.
Executed Bonds shall, upon payment therefor, be delivered to the purchaser, and the proceeds of Bonds shall be paid into the State Treasury as directed by Section 9 of this Act.
The Governor or the Director of the Governor's Office of Management and Budget is hereby authorized and directed to execute and deliver contracts of sale with underwriters and to execute and deliver such certificates, indentures, agreements and documents, including any supplements or amendments thereto, and to take such actions and do such things as shall be necessary or desirable to carry out SB1609 Enrolled - 17 - LRB096 08932 JAM 19069 b the purposes of this Act.
Any action authorized or permitted to be taken by the Director of the Governor's Office of Management and Budget pursuant to this Act is hereby authorized to be taken by any person specifically designated by the Governor to take such action in a certificate signed by the Governor and filed with the Secretary of State.
(Source:
P.A.
93-839, eff.
7-30-04.) (30 ILCS 425/15) (from Ch.
127, par.
2815) Sec.
15.
Refunding Bonds.
Refunding Bonds are hereby authorized for the purpose of refunding any outstanding Bonds, including the payment of any redemption premium thereon, any reasonable expenses of such refunding, and any interest accrued or to accrue to the earliest or any subsequent date of redemption or maturity of outstanding Bonds;
provided that all non-refunding Bonds in an issue that includes refunding Bonds shall mature no later than the final maturity date of Bonds being refunded;
provided that no refunding Bonds shall be offered for sale unless the net present value of debt service savings to be achieved by the issuance of the refunding Bonds is 3% or more of the principal amount of the refunding Bonds to be issued;
and further provided that, except for refunding Bonds sold in fiscal year 2009, 2010, or 2011, the maturities of the refunding Bonds shall not extend beyond the maturities of the Bonds they refund, so that for each fiscal year in the maturity schedule of a particular issue of refunding Bonds, the SB1609 Enrolled - 18 - LRB096 08932 JAM 19069 b total amount of refunding principal maturing and redemption amounts due in that fiscal year and all prior fiscal years in that schedule shall be greater than or equal to the total amount of refunded principal and redemption amounts that had been due over that year and all prior fiscal years prior to the refunding.
Refunding Bonds may be sold in such amounts and at such times, as directed by the Governor upon recommendation by the Director of the Governor's Office of Management and Budget.
The Governor shall notify the State Treasurer and Comptroller of such refunding.
The proceeds received from the sale of refunding Bonds shall be used for the retirement at maturity or redemption of such outstanding Bonds on any maturity or redemption date and, pending such use, shall be placed in escrow, subject to such terms and conditions as shall be provided for in the Bond Sale Order relating to the refunding Bonds.
This Act shall constitute an irrevocable and continuing appropriation of all amounts necessary to establish an escrow account for the purpose of refunding outstanding Bonds and to pay the reasonable expenses of such refunding and of the issuance and sale of the refunding Bonds.
Any such escrowed proceeds may be invested and reinvested in direct obligations of the United States of America, maturing at such time or times as shall be appropriate to assure the prompt payment, when due, of the principal of and interest and redemption premium, if any, on the refunded Bonds.
After the terms of the escrow have SB1609 Enrolled - 19 - LRB096 08932 JAM 19069 b been fully satisfied, any remaining balance of such proceeds and interest, income and profits earned or realized on the investments thereof shall be paid into the General Revenue Fund.
The liability of the State upon the refunded Bonds shall continue, provided that the holders thereof shall thereafter be entitled to payment only out of the moneys deposited in the escrow account and the refunded Bonds shall be deemed paid, discharged and no longer to be outstanding.
Except as otherwise herein provided in this Section, such refunding Bonds shall in all other respects be issued pursuant to and subject to the terms and conditions of this Act and shall be secured by and payable from only the funds and sources which are provided under this Act.
(Source:
P.A.
93-839, eff.
7-30-04.) Section 99.
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Action History

  1. Public Act . . . . . . . . . 96-0018

  2. Effective Date June 26, 2009

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Floor Amendment No. 2 Senate Concurs 049-009-001

  7. House Floor Amendment No. 2 3/5 Vote Required

  8. House Committee Amendment No. 1 Senate Concurs 049-009-001

  9. House Committee Amendment No. 1 3/5 Vote Required

  10. House Floor Amendment No. 2 Motion To Concur Recommended Do Adopt Revenue; 006-003-000

  11. House Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Revenue; 006-003-000

  12. House Floor Amendment No. 2 Motion to Concur Assignments Referred to Revenue

  13. House Committee Amendment No. 1 Motion to Concur Assignments Referred to Revenue

  14. House Floor Amendment No. 2 Motion to Concur Referred to Assignments

  15. House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg

  16. House Committee Amendment No. 1 Motion to Concur Referred to Assignments

  17. House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Jeffrey M. Schoenberg

  18. Chief Sponsor Changed to Sen. Jeffrey M. Schoenberg

  19. Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2009

  20. Secretary's Desk - Concurrence House Amendment(s) 1, 2

  21. Third Reading - Short Debate - Passed 117-000-000

  22. Placed on Calendar Order of 3rd Reading - Short Debate

  23. House Floor Amendment No. 2 Adopted by Voice Vote

  24. House Floor Amendment No. 2 Recommends Be Adopted Executive Committee; 011-000-000

  25. House Floor Amendment No. 2 Rules Refers to Executive Committee

  26. House Floor Amendment No. 2 Referred to Rules Committee

  27. House Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks

  28. Held on Calendar Order of Second Reading - Short Debate

  29. Second Reading - Short Debate

  30. Placed on Calendar 2nd Reading - Short Debate

  31. Do Pass as Amended / Short Debate Executive Committee; 007-004-000

  32. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  33. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  34. Motion to Suspend Rule 25 - Prevailed by Voice Vote

  35. Motion Filed to Suspend Rule 25 Executive Committee; Rep. Barbara Flynn Currie

  36. Assigned to Executive Committee

  37. Final Action Deadline Extended-9(b) May 31, 2009

  38. Rule 19(a) / Re-referred to Rules Committee

  39. Assigned to Executive Committee

  40. Referred to Rules Committee

  41. First Reading

  42. Chief House Sponsor Rep. Jack D. Franks

  43. Placed on Calendar Order of First Reading

  44. Arrived in House

  45. Third Reading - Passed; 058-000-000

  46. Placed on Calendar Order of 3rd Reading

  47. Senate Floor Amendment No. 1 Adopted; Harmon

  48. Recalled to Second Reading

  49. Senate Floor Amendment No. 1 Recommend Do Adopt State Government and Veterans Affairs; 008-000-000

  50. Senate Floor Amendment No. 1 Assignments Refers to State Government and Veterans Affairs

  51. Senate Floor Amendment No. 1 Referred to Assignments

  52. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Don Harmon

  53. Placed on Calendar Order of 3rd Reading March 25, 2009

  54. Second Reading

  55. Added as Chief Co-Sponsor Sen. Linda Holmes

  56. Placed on Calendar Order of 2nd Reading March 10, 2009

  57. Do Pass State Government and Veterans Affairs; 009-000-000

  58. Assigned to State Government and Veterans Affairs

  59. Referred to Assignments

  60. First Reading

  61. Filed with Secretary by Sen. Don Harmon

Sponsors

  • Jeffrey M. Schoenberg · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 1 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Jeffrey M. Schoenberg

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence

Passed 49 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 41800
Republican 0100
Total 49901
% of votes cast 83%15%0%2%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Link — Yea
Luechtefeld — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Noland — Yea
Demuzio — Yea
Jacobs — Yea
Pankau — Yea
Radogno — Yea
Munoz — Yea
Jones, J. — Yea
Schoenberg — Yea
Sullivan — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Brady — Nay
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
Dillard — Nay
Duffy — Nay
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Nay
Hutchinson — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Nay
Althoff — Yea
Martinez — Yea
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
DeLeo — Yea
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Concurrence, Amendment 2

Passed 49 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 41800
Democrat 8001
Republican 0100
Total 49901
% of votes cast 83%15%0%2%
How each member voted (59)
Member Party Vote
Hultgren — Nay
Kotowski — Yea
Link — Yea
Maloney — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Demuzio — Yea
Jacobs — Yea
Noland — Yea
Pankau — Yea
Munoz — Yea
Jones, J. — Yea
Sullivan — Yea
Schoenberg — Yea
Silverstein — Yea
Steans — Yea
Trotter — Yea
Viverito — Yea
Cullerton — Yea
Wilhelmi — Yea
Brady — Nay
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Nay
DeLeo — Yea
Dillard — Nay
Duffy — Nay
Forby — Yea
Frerichs — Yea
Haine — Yea
Hendon — Yea
Hutchinson — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Lauzen — Nay
Luechtefeld — Yea
Althoff — Yea
Martinez — Yea
Bivins — Nay
Bomke — Yea
Bond — Yea
Burzynski — Nay
Garrett — Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Nay

Official roll call →

Third Reading

Passed 117 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 102001
Democrat 11000
Republican 4000
Total 117001
% of votes cast 99%0%0%1%
How each member voted (118)
Member Party Vote
Hamos — Yea
Holbrook — Yea
Jefferson — Yea
Lang — Yea
May — Yea
Davis, Monique — Yea
Reitz — Yea
Lyons — Yea
Dugan — Yea
Dunkin — Yea
Durkin — Yea
Eddy — Yea
Farnham — Yea
Kosel — Yea
Madigan — Yea
Currie — Yea
D'Amico — Yea
Flowers — Not Voting
Jackson — Yea
Jakobsson — Yea
McAsey — Yea
McAuliffe — Yea
Mell — Yea
Mendoza — Yea
Bradley — Yea
McGuire — Yea
Mulligan — Yea
Brady — Yea
Myers — Yea
Nekritz — Yea
Osterman — Yea
Phelps — Yea
Sullivan — Yea
Senger — Yea
Burke — Yea
Mitchell, Bill — Yea
Sommer — Yea
Thapedi — Yea
Mitchell, Jerry — Yea
Gordon, Careen — Yea
Gordon, Jehan — Yea
Tryon — Yea
Turner — Yea
Verschoore — Yea
Wait — Yea
Hannig — Yea
Harris — Yea
Washington — Yea
Yarbrough — Yea
Zalewski — Yea
Watson — Yea
Hernandez — Yea
Howard — Yea
Cavaletto — Yea
Coladipietro — Yea
Cole — Yea
Colvin — Yea
Cross — Yea
Cultra — Yea
Flider — Yea
Fortner — Yea
Franks — Yea
Fritchey — Yea
Froehlich — Yea
Golar — Yea
Graham — Yea
Hatcher — Yea
Osmond — Yea
Pihos — Yea
Poe — Yea
Pritchard — Yea
Ramey — Yea
Reboletti — Yea
Reis — Yea
Riley — Yea
Ryg — Yea
Sacia — Yea
Saviano — Yea
Schmitz — Yea
Soto — Yea
Winters — Yea
Leitch — Yea
Acevedo — Yea
Arroyo — Yea
Bassi — Yea
Beaubien — Yea
Beiser — Yea
Bellock — Yea
Mathias — Yea
Berrios — Yea
Biggins — Yea
Mautino — Yea
Black — Yea
Boland — Yea
Bost — Yea
Brauer — Yea
Brosnahan — Yea
Burns — Yea
Connelly — Yea
McCarthy — Yea
Moffitt — Yea
Coulson — Yea
Chapa LaVia — Yea
Anthony DeLuca Democrat Yea
Fred Crespo Democrat Yea
Jay Hoffman Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Yea
Mark L. Walker Democrat Yea
Nicholas K. Smith Democrat Yea
Patrick J. Joyce Democrat Yea
Robert "Bob" Rita Democrat Yea
Sara Feigenholtz Democrat Yea
William "Will" Davis Democrat Yea
Brad Stephens Republican Yea
Chapin Rose Republican Yea
Chris Miller Republican Yea
Jil Tracy Republican Yea

Official roll call →

Third Reading

Passed 58 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 9000
Unaffiliated 48001
Republican 1000
Total 58001
% of votes cast 98%0%0%2%
How each member voted (59)
Member Party Vote
Hutchinson — Yea
Noland — Yea
McCarter — Yea
Meeks — Yea
Millner — Yea
Schoenberg — Yea
Steans — Yea
Demuzio — Yea
Jacobs — Yea
Munoz — Yea
Jones, J. — Yea
Dillard — Yea
Duffy — Yea
Brady — Yea
Sullivan — Yea
Kotowski — Yea
Lauzen — Yea
Luechtefeld — Not Voting
Maloney — Yea
Cullerton — Yea
Radogno — Yea
Trotter — Yea
Viverito — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Frerichs — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Pankau — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Yea
Silverstein — Yea
Wilhelmi — Yea
Link — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Yea
Burzynski — Yea
Forby — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Official roll call →

Subjects

transportation
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Frequently asked questions

What does SB 1609 do?
Amends the Design-Build Procurement Act. Eliminates the Act's July 1, 2009 repeal provision. Effective immediately.
Who sponsors SB 1609?
SB 1609 is sponsored by Jeffrey M. Schoenberg.
What is the current status of SB 1609?
This bill has been enacted into law. Introduced February 19, 2009. Enacted.
Where can I track SB 1609?
Track SB 1609 free on One Click Politics — get push/email alerts when it moves.

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