Bill Text: IL HB5185 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Reinserts the provisions of the introduced bill with changes. Repeals a provision concerning the assessment of marketing programs by the Department of Commerce and Economic Opportunity. Restores a provision concerning data center investment by the Department of Commerce and Economic Opportunity. Removes provisions amending the Opportunities for At-Risk Women Act concerning the issuance of a report under the Act and the repeal of the Act. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2023-01-01 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [HB5185 Detail]
Download: Illinois-2021-HB5185-Engrossed.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
6 | is amended by changing Sections 605-300, 605-615, and 605-680 | ||||||
7 | as follows:
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8 | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
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9 | Sec. 605-300. Economic and business development plans; | ||||||
10 | Illinois Business Development Council. (a) Economic | ||||||
11 | development plans. The Department shall develop a strategic | ||||||
12 | economic development plan for the State by July 1, 2014. By no | ||||||
13 | later than July 1, 2015, and by July 1 annually thereafter, the | ||||||
14 | Department shall make modifications to the plan as | ||||||
15 | modifications are warranted by changes in economic conditions | ||||||
16 | or by other factors, including changes in policy. In addition | ||||||
17 | to the annual modification, the plan shall be reviewed and | ||||||
18 | redeveloped in full every 5 years. In the development of the | ||||||
19 | annual economic development plan, the Department shall consult | ||||||
20 | with representatives of the private sector, other State | ||||||
21 | agencies, academic institutions, local economic development | ||||||
22 | organizations, local governments, and not-for-profit | ||||||
23 | organizations. The annual economic development plan shall set |
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1 | specific, measurable, attainable, relevant, and time-sensitive | ||||||
2 | goals and shall include a focus on areas of high unemployment | ||||||
3 | or poverty. | ||||||
4 | The term "economic development" shall be construed broadly | ||||||
5 | by the Department and may include, but is not limited to, job | ||||||
6 | creation, job retention, tax base enhancements, development of | ||||||
7 | human capital, workforce productivity, critical | ||||||
8 | infrastructure, regional competitiveness, social inclusion, | ||||||
9 | standard of living, environmental sustainability, energy | ||||||
10 | independence, quality of life, the effective use of financial | ||||||
11 | incentives, the utilization of public private partnerships | ||||||
12 | where appropriate, and other metrics determined by the | ||||||
13 | Department. | ||||||
14 | The plan shall be based on relevant economic data, focus | ||||||
15 | on economic development as prescribed by this Section, and | ||||||
16 | emphasize strategies to retain and create jobs. | ||||||
17 | The plan shall identify and develop specific strategies | ||||||
18 | for utilizing the assets of regions within the State defined | ||||||
19 | as counties and municipalities or other political subdivisions | ||||||
20 | in close geographical proximity that share common economic | ||||||
21 | traits such as commuting zones, labor market areas, or other | ||||||
22 | economically integrated characteristics. | ||||||
23 | If the plan includes strategies that have a fiscal impact | ||||||
24 | on the Department or any other agency, the plan shall include a | ||||||
25 | detailed description of the estimated fiscal impact of such | ||||||
26 | strategies. |
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1 | Prior to publishing the plan in its final form, the | ||||||
2 | Department shall allow for a reasonable time for public input. | ||||||
3 | The Department shall transmit copies of the economic | ||||||
4 | development plan to the Governor and the General Assembly no | ||||||
5 | later than July 1, 2014, and by July 1 annually thereafter. The | ||||||
6 | plan and its corresponding modifications shall be published | ||||||
7 | and made available to the public in both paper and electronic | ||||||
8 | media, on the Department's website, and by any other method | ||||||
9 | that the Department deems appropriate. | ||||||
10 | The Department shall annually submit legislation to | ||||||
11 | implement the strategic economic development plan or | ||||||
12 | modifications to the strategic economic development plan to | ||||||
13 | the Governor, the President and Minority Leader of the Senate, | ||||||
14 | and the Speaker and the Minority Leader of the House of | ||||||
15 | Representatives. The legislation shall be in the form of one | ||||||
16 | or more substantive bills drafted by the Legislative Reference | ||||||
17 | Bureau. | ||||||
18 | (b) Business development plans; Illinois Business | ||||||
19 | Development Council. | ||||||
20 | (1) There is created the Illinois Business Development | ||||||
21 | Council, hereinafter referred to as the Council. The | ||||||
22 | Council shall consist of the Director, who shall serve as | ||||||
23 | co-chairperson, and 12 voting members who shall be | ||||||
24 | appointed by the Governor with the advice and consent of | ||||||
25 | the Senate. | ||||||
26 | (A) The voting members of the Council shall |
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1 | include one representative from each of the following | ||||||
2 | businesses and groups: small business, coal, | ||||||
3 | healthcare, large manufacturing, small or specialized | ||||||
4 | manufacturing, agriculture, high technology or applied | ||||||
5 | science, local economic development entities, private | ||||||
6 | sector organized labor, a local or state business | ||||||
7 | association or chamber of commerce. | ||||||
8 | (B) There shall be 2 at-large voting members who | ||||||
9 | reside within areas of high unemployment within | ||||||
10 | counties or municipalities that have had an annual | ||||||
11 | average unemployment rate of at least 120% of the | ||||||
12 | State's annual average unemployment rate as reported | ||||||
13 | by the Department of Employment Security for the 5 | ||||||
14 | years preceding the date of appointment. | ||||||
15 | (2) All appointments shall be made in a geographically | ||||||
16 | diverse manner. | ||||||
17 | (3) For the initial appointments to the Council, 6 | ||||||
18 | voting members shall be appointed to serve a 2-year term | ||||||
19 | and 6 voting members shall be appointed to serve a 4-year | ||||||
20 | term. Thereafter, all appointments shall be for terms of 4 | ||||||
21 | years. The initial term of voting members shall commence | ||||||
22 | on the first Wednesday in February 2014. Thereafter, the | ||||||
23 | terms of voting members shall commence on the first | ||||||
24 | Wednesday in February, except in the case of an | ||||||
25 | appointment to fill a vacancy. Vacancies occurring among | ||||||
26 | the members shall be filled in the same manner as the |
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1 | original appointment for the remainder of the unexpired | ||||||
2 | term. For a vacancy occurring when the Senate is not in | ||||||
3 | session, the Governor may make a temporary appointment | ||||||
4 | until the next meeting of the Senate when a person shall be | ||||||
5 | nominated to fill the office, and, upon confirmation by | ||||||
6 | the Senate, he or she shall hold office during the | ||||||
7 | remainder of the term. A vacancy in membership does not | ||||||
8 | impair the ability of a quorum to exercise all rights and | ||||||
9 | perform all duties of the Council. A member is eligible | ||||||
10 | for reappointment. | ||||||
11 | (4) Members shall serve without compensation, but may | ||||||
12 | be reimbursed for necessary expenses incurred in the | ||||||
13 | performance of their duties from funds appropriated for | ||||||
14 | that purpose. | ||||||
15 | (5) In addition, the following shall serve as ex | ||||||
16 | officio, non-voting members of the Council in order to | ||||||
17 | provide specialized advice and support to the Council: the | ||||||
18 | Secretary of Transportation, or his or her designee; the | ||||||
19 | Director of Employment Security, or his or her designee; | ||||||
20 | the Executive Director of the Illinois Finance Authority, | ||||||
21 | or his or her designee; the Director of Agriculture, or | ||||||
22 | his or her designee; the Director of Revenue, or his or her | ||||||
23 | designee; the Director of Labor, or his or her designee; | ||||||
24 | and the Director of the Environmental Protection Agency, | ||||||
25 | or his or her designee. Ex officio members shall provide | ||||||
26 | staff and technical assistance to the Council when |
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1 | appropriate. | ||||||
2 | (6) In addition to the Director, the voting members | ||||||
3 | shall elect a co-chairperson. | ||||||
4 | (7) The Council shall meet at least twice annually and | ||||||
5 | at such other times as the co-chairpersons or any 5 voting | ||||||
6 | members consider necessary. Seven voting members shall | ||||||
7 | constitute a quorum of the Council. | ||||||
8 | (8) The Department shall provide staff assistance to | ||||||
9 | the Council. | ||||||
10 | (9) The Council shall provide the Department relevant | ||||||
11 | information in a timely manner pursuant to its duties as | ||||||
12 | enumerated in
this Section that can be used by the | ||||||
13 | Department to enhance the State's strategic economic | ||||||
14 | development plan. | ||||||
15 | (10) The Council shall: | ||||||
16 | (A) Develop an overall strategic business | ||||||
17 | development plan for the State of Illinois and update | ||||||
18 | the plan at least annually; that plan shall include, | ||||||
19 | without limitation, (i) an assessment of the economic | ||||||
20 | development practices of states that border Illinois | ||||||
21 | and (ii) recommendations for best practices with | ||||||
22 | respect to economic development, business incentives, | ||||||
23 | business attraction, and business retention for | ||||||
24 | counties in Illinois that border at least one other | ||||||
25 | state. | ||||||
26 | (B) Develop business marketing plans for the State |
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1 | of Illinois to effectively solicit new company | ||||||
2 | investment and existing business expansion. Insofar as | ||||||
3 | allowed under the Illinois Procurement Code, and | ||||||
4 | subject to appropriations made by the General Assembly | ||||||
5 | for such purposes, the Council may assist the | ||||||
6 | Department in the procurement of outside vendors to | ||||||
7 | carry out such marketing plans. | ||||||
8 | (C) Seek input from local economic development | ||||||
9 | officials to develop specific strategies to | ||||||
10 | effectively link State and local business development | ||||||
11 | and marketing efforts focusing on areas of high | ||||||
12 | unemployment or poverty. | ||||||
13 | (D) Provide the Department with advice on | ||||||
14 | strategic business development
and business marketing | ||||||
15 | for the State of Illinois. | ||||||
16 | (E) Provide the Department research and recommend | ||||||
17 | best practices for developing investment tools for | ||||||
18 | business attraction and retention.
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19 | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | ||||||
20 | 98-888, eff. 8-15-14.)
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21 | (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
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22 | Sec. 605-615. Assistance with exports. The Department | ||||||
23 | shall have the
following duties and responsibilities in regard | ||||||
24 | to the Civil Administrative
Code of Illinois:
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25 | (1) To establish or cosponsor mentoring conferences, |
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1 | utilizing experienced
manufacturing exporters, to explain and | ||||||
2 | provide information to prospective
export manufacturers and | ||||||
3 | businesses concerning the process of exporting to both
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4 | domestic and international opportunities.
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5 | (2) To provide technical assistance to prospective export | ||||||
6 | manufacturers and
businesses seeking to establish domestic and | ||||||
7 | international export
opportunities.
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8 | (3) To coordinate with the Department's Small Business | ||||||
9 | Development Centers
to link buyers with prospective export | ||||||
10 | manufacturers and businesses.
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11 | (4) To promote, both domestically and abroad, products | ||||||
12 | made in Illinois in
order to inform consumers and buyers of | ||||||
13 | their high quality
standards and craftsmanship.
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14 | (5) To provide technical assistance toward establishment | ||||||
15 | of export trade
corporations in the private sector.
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16 | (6) To develop an electronic data base to compile | ||||||
17 | information on
international trade and investment activities | ||||||
18 | in Illinois companies ,
provide access to research and business | ||||||
19 | opportunities through external data
bases, and connect this | ||||||
20 | data base through international communication
systems with | ||||||
21 | appropriate domestic and worldwide networks users .
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22 | (7) To collect and distribute to foreign commercial | ||||||
23 | libraries directories,
catalogs, brochures, and other | ||||||
24 | information of value to foreign businesses
considering doing | ||||||
25 | business in this State.
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26 | (8) To establish an export finance awareness program to |
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1 | provide
information to banking organizations about methods | ||||||
2 | used by banks to provide
financing for businesses engaged in | ||||||
3 | exporting and about other State and
federal programs to | ||||||
4 | promote and expedite export financing.
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5 | (9) To undertake a survey of Illinois' businesses to | ||||||
6 | identify exportable
products and the businesses interested in | ||||||
7 | exporting.
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8 | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | ||||||
9 | 92-16, eff.
6-28-01.)
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10 | (20 ILCS 605/605-680) | ||||||
11 | Sec. 605-680. Illinois goods and services website. | ||||||
12 | (a) The Department, in consultation with the Department of | ||||||
13 | Innovation and Technology, must establish and maintain an | ||||||
14 | Internet website devoted to the marketing of Illinois goods | ||||||
15 | and services by linking potential purchasers with producers of | ||||||
16 | goods and services who are located in the State. | ||||||
17 | (b) The Department must , subject to appropriation, | ||||||
18 | advertise the website to encourage inclusion of producers on | ||||||
19 | the website and to encourage the use of the website by | ||||||
20 | potential purchasers.
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21 | (Source: P.A. 100-611, eff. 7-20-18.)
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22 | (20 ILCS 605/605-550 rep.)
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23 | (20 ILCS 605/605-1040 rep.) | ||||||
24 | Section 10. The Department of Commerce and Economic |
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1 | Opportunity Law of the
Civil Administrative Code of Illinois | ||||||
2 | is amended by repealing Sections 605-550 and 605-1040.
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3 | Section 15. The Illinois Main Street Act is amended by | ||||||
4 | changing Sections 15, 20, 25, and 30 as follows:
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5 | (20 ILCS 720/15)
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6 | Sec. 15. Illinois Main Street Program. The Illinois Main | ||||||
7 | Street Program is created , subject to appropriation, within | ||||||
8 | the Department. In order to implement the Illinois Main Street | ||||||
9 | Program, the Department may shall do all of the following: | ||||||
10 | (1) Provide assistance to municipalities designated as | ||||||
11 | Main Street Communities, municipalities interested in | ||||||
12 | becoming designated through the program, and businesses, | ||||||
13 | property owners, organizations, and municipalities | ||||||
14 | undertaking a comprehensive downtown or neighborhood | ||||||
15 | commercial district revitalization initiative and | ||||||
16 | management strategy. Assistance may include, but is not | ||||||
17 | limited to, initial site evaluations and assessments, | ||||||
18 | training for local programs, training for local program | ||||||
19 | staff, site visits and assessments by technical | ||||||
20 | specialists, local program design assistance and | ||||||
21 | evaluation, and continued local program on-site | ||||||
22 | assistance. | ||||||
23 | (2) To the extent funds are made available, provide | ||||||
24 | financial assistance to municipalities or local |
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1 | organizations to assist in initial downtown or | ||||||
2 | neighborhood commercial district revitalization program | ||||||
3 | specialized training, specific project feasibility | ||||||
4 | studies, market studies, and design assistance. | ||||||
5 | (3) Operate the Illinois Main Street Program in | ||||||
6 | accordance with the plan developed by the Department. | ||||||
7 | (4) Consider other factors the Department deems | ||||||
8 | necessary for the implementation of this Act.
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9 | (Source: P.A. 97-573, eff. 8-25-11.)
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10 | (20 ILCS 720/20)
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11 | Sec. 20. Main Street Community designation. | ||||||
12 | (a) The Department may shall adopt criteria for the | ||||||
13 | designation of a Main Street Community. In establishing the | ||||||
14 | criteria, the Department shall consider all of the following: | ||||||
15 | (1) The degree of interest and commitment to | ||||||
16 | comprehensive downtown or neighborhood commercial district | ||||||
17 | revitalization and, where applicable, historic | ||||||
18 | preservation by both the public and private sectors. | ||||||
19 | (2) The evidence of potential private sector | ||||||
20 | investment in the downtown or neighborhood commercial | ||||||
21 | district. | ||||||
22 | (3) Where applicable, a downtown or neighborhood | ||||||
23 | commercial district with sufficient historic fabric to | ||||||
24 | become a foundation for an enhanced community image. | ||||||
25 | (4) The capacity of the organization to undertake a |
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1 | comprehensive program and the financial commitment to | ||||||
2 | implement a long-term downtown or neighborhood commercial | ||||||
3 | district revitalization program that includes a commitment | ||||||
4 | to employ a professional program manager. | ||||||
5 | (5) The National Main Street Center's criteria for | ||||||
6 | designating official main street municipalities. | ||||||
7 | (6) Other factors the Department deems necessary for | ||||||
8 | the designation of a local program. | ||||||
9 | (b) Illinois Main Street shall designate local downtown or | ||||||
10 | neighborhood commercial district revitalization programs and | ||||||
11 | official local main street programs. | ||||||
12 | (c) The Department must approve all local downtown or | ||||||
13 | neighborhood commercial district revitalization program | ||||||
14 | boundaries. The boundaries of a local downtown or neighborhood | ||||||
15 | commercial district revitalization program are typically | ||||||
16 | defined using the pedestrian core of a traditional commercial | ||||||
17 | district.
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18 | (Source: P.A. 97-573, eff. 8-25-11.)
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19 | (20 ILCS 720/25)
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20 | Sec. 25. Illinois Main Street Plan. The Department may | ||||||
21 | shall , in consultation with the Lieutenant Governor, develop a | ||||||
22 | plan for the Illinois Main Street Program. The plan shall | ||||||
23 | describe: | ||||||
24 | (1) the objectives and strategies of the Illinois Main | ||||||
25 | Street Program; |
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1 | (2) how the Illinois Main Street Program will be | ||||||
2 | coordinated with existing federal, state, local, and | ||||||
3 | private sector business development and historic | ||||||
4 | preservation efforts; | ||||||
5 | (3) the means by which private investment will be | ||||||
6 | solicited and employed; | ||||||
7 | (4) the methods of selecting and providing assistance | ||||||
8 | to participating local programs; and | ||||||
9 | (5) a means to solicit private contributions for State | ||||||
10 | and local operations of the Illinois Main Street Program.
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11 | (Source: P.A. 97-573, eff. 8-25-11.)
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12 | (20 ILCS 720/30)
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13 | Sec. 30. Role of the Lieutenant Governor. The Lieutenant | ||||||
14 | Governor shall , subject to appropriation, be the Ambassador of | ||||||
15 | the Illinois Main Street Program. The Department shall , | ||||||
16 | subject to appropriation, advise and consult with the | ||||||
17 | Lieutenant Governor on the activities of the Illinois Main | ||||||
18 | Street Program. The Lieutenant Governor, with the assistance | ||||||
19 | of the Department, shall , subject to appropriation, promote | ||||||
20 | and encourage the success of the Illinois Main Street Program.
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21 | (Source: P.A. 97-573, eff. 8-25-11.)
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22 | Section 20. The Outdoor Recreation Resources Act is | ||||||
23 | amended by changing Sections 2 and 2a as follows:
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1 | (20 ILCS 860/2) (from Ch. 105, par. 532)
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2 | Sec. 2. The Department of Natural Resources is
authorized | ||||||
3 | to have prepared , with the Department of Commerce and Economic | ||||||
4 | Opportunity, and to maintain and keep up-to-date a | ||||||
5 | comprehensive plan for
the development of the outdoor | ||||||
6 | recreation resources of the State.
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7 | (Source: P.A. 94-793, eff. 5-19-06.)
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8 | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
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9 | Sec. 2a. The Department of Natural Resources is authorized | ||||||
10 | to have prepared
with the Department of Commerce and Economic | ||||||
11 | Opportunity and to
maintain and keep up to date a | ||||||
12 | comprehensive plan for the
preservation of the
historically | ||||||
13 | significant properties and interests of the State.
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14 | (Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
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15 | (20 ILCS 3953/15 rep.)
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16 | (20 ILCS 3953/20 rep.) | ||||||
17 | Section 25. The Government Buildings Energy Cost Reduction | ||||||
18 | Act of 1991 is amended by repealing Sections 15 and 20.
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19 | Section 30. The Eliminate the Digital Divide Law is | ||||||
20 | amended by changing Section 5-30 as follows:
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21 | (30 ILCS 780/5-30)
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22 | Sec. 5-30. Community Technology Center Grant Program.
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1 | (a) Subject to appropriation, the Department shall | ||||||
2 | administer
the Community Technology Center Grant Program under | ||||||
3 | which the
Department shall make grants in accordance with this | ||||||
4 | Article
for planning, establishment, administration, and | ||||||
5 | expansion
of Community Technology Centers and for assisting | ||||||
6 | public hospitals,
libraries, and park districts in eliminating | ||||||
7 | the digital divide. The purposes
of the grants shall include, | ||||||
8 | but
not be limited to, volunteer recruitment and management, | ||||||
9 | training and
instruction, infrastructure, and
related goods | ||||||
10 | and services, including case management, administration, | ||||||
11 | personal information management, and outcome-tracking tools | ||||||
12 | and software for the purposes of reporting to the Department | ||||||
13 | and for enabling participation in digital government and | ||||||
14 | consumer services programs, for Community Technology Centers | ||||||
15 | and public
hospitals, libraries, and park districts.
No | ||||||
16 | Community Technology Center may receive a grant of more than | ||||||
17 | $75,000 under
this Section in a particular fiscal year.
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18 | (b) Public hospitals, libraries, park districts, and State | ||||||
19 | educational
agencies, local educational
agencies, institutions | ||||||
20 | of higher education, senior citizen homes, and other public | ||||||
21 | and
private nonprofit or for-profit agencies and organizations | ||||||
22 | are eligible
to receive grants under this Program, provided | ||||||
23 | that a local educational
agency or public or private | ||||||
24 | educational
agency or organization must, in order to be | ||||||
25 | eligible to receive grants under
this Program, provide | ||||||
26 | computer access and educational services using
information |
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1 | technology to the public at one or more of its educational
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2 | buildings or facilities at least 12 hours each week. A group of | ||||||
3 | eligible
entities is
also eligible to receive a grant if the | ||||||
4 | group follows the procedures
for group applications in 34 CFR | ||||||
5 | 75.127-129 of the Education Department General
Administrative | ||||||
6 | Regulations.
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7 | To be eligible to apply for a grant, a Community
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8 | Technology Center must serve a
community in which not less | ||||||
9 | than 40%
of the
students are eligible for a free or reduced | ||||||
10 | price lunch under the national
school lunch program or in | ||||||
11 | which not less than 30% of the students
are eligible
for a free | ||||||
12 | lunch under the national school lunch program; however, if | ||||||
13 | funding
is insufficient to approve all grant applications for | ||||||
14 | a particular fiscal year,
the Department may impose a higher | ||||||
15 | minimum percentage threshold for that fiscal
year. | ||||||
16 | Determinations of communities and determinations of the | ||||||
17 | percentage of
students in a community who are eligible for a | ||||||
18 | free or reduced price lunch
under the national school lunch | ||||||
19 | program shall be in accordance with rules
adopted by the | ||||||
20 | Department.
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21 | Any entities that have received a Community
Technology | ||||||
22 | Center grant under the federal Community Technology Centers | ||||||
23 | Program
are also eligible to apply for grants under this | ||||||
24 | Program.
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25 | The Department shall
provide assistance to Community | ||||||
26 | Technology Centers in making those
determinations for purposes |
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1 | of applying for grants.
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2 | The Department shall encourage Community Technology | ||||||
3 | Centers to participate in public and private computer hardware | ||||||
4 | equipment recycling initiatives that provide computers at | ||||||
5 | reduced or no cost to low-income families, including programs | ||||||
6 | authorized by the State Property Control Act. On an annual | ||||||
7 | basis, the Department must provide the Director of Central | ||||||
8 | Management Services with a list of Community Technology | ||||||
9 | Centers that have applied to the Department for funding as | ||||||
10 | potential recipients of surplus State-owned computer hardware | ||||||
11 | equipment under programs authorized by the State Property | ||||||
12 | Control Act.
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13 | (c) Grant applications shall be submitted to the | ||||||
14 | Department on a schedule of one or more deadlines established | ||||||
15 | by the Department by rule.
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16 | (d) The Department shall adopt rules setting forth the | ||||||
17 | required form
and contents of grant applications.
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18 | (e) (Blank). There is created
the Digital Divide | ||||||
19 | Elimination Advisory Committee. The advisory committee
shall | ||||||
20 | consist of 7
members appointed one each by the Governor, the | ||||||
21 | President of
the Senate, the Senate Minority Leader, the | ||||||
22 | Speaker of the House, and the House
Minority Leader, and 2 | ||||||
23 | appointed by the Director of Commerce and Economic | ||||||
24 | Opportunity, one of whom shall be a representative of the | ||||||
25 | telecommunications industry and one of whom shall represent | ||||||
26 | community technology centers. The members of the advisory |
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| |||||||
1 | committee shall receive no
compensation for their services as | ||||||
2 | members of the advisory committee but may be
reimbursed for | ||||||
3 | their actual expenses incurred in serving on the advisory
| ||||||
4 | committee. The Digital Divide Elimination Advisory Committee | ||||||
5 | shall advise the
Department in establishing criteria and | ||||||
6 | priorities for identifying recipients
of
grants under this | ||||||
7 | Act. The advisory committee shall obtain advice from the
| ||||||
8 | technology industry regarding current technological standards. | ||||||
9 | The advisory
committee shall seek any available federal | ||||||
10 | funding.
| ||||||
11 | (f) (Blank). There is created the Digital Divide | ||||||
12 | Elimination Working Group. The Working Group shall consist of | ||||||
13 | the Director of Commerce and Economic Opportunity, or his or | ||||||
14 | her designee, the Director of Central Management Services, or | ||||||
15 | his or her designee, and the Executive Director of the | ||||||
16 | Illinois Commerce Commission, or his or her designee. The | ||||||
17 | Director of Commerce and Economic Opportunity, or his or her | ||||||
18 | designee, shall serve as chair of the Working Group. The | ||||||
19 | Working Group shall consult with the members of the Digital | ||||||
20 | Divide Elimination Advisory Committee and may consult with | ||||||
21 | various groups including, but not limited to, | ||||||
22 | telecommunications providers, telecommunications-related | ||||||
23 | technology producers and service providers, community | ||||||
24 | technology providers, community and consumer organizations, | ||||||
25 | businesses and business organizations, and federal government | ||||||
26 | agencies.
|
| |||||||
| |||||||
1 | (g) Duties of the Digital Divide Elimination Working Group | ||||||
2 | include all of the following: | ||||||
3 | (1) Undertaking a thorough review of grant programs | ||||||
4 | available through the federal government, local agencies, | ||||||
5 | telecommunications providers, and business and charitable | ||||||
6 | entities for the purpose of identifying appropriate | ||||||
7 | sources of revenues for the Digital Divide Elimination | ||||||
8 | Fund and attempting to update available grants on a | ||||||
9 | regular basis. | ||||||
10 | (2) Researching and cataloging programs designed to | ||||||
11 | advance digital literacy and computer access that are | ||||||
12 | available through the federal government, local agencies, | ||||||
13 | telecommunications providers, and business and charitable | ||||||
14 | entities and attempting to update available programs on a | ||||||
15 | regular basis. | ||||||
16 | (3) Presenting the information compiled from items (1) | ||||||
17 | and (2) to the Department of Commerce and Economic | ||||||
18 | Opportunity, which shall serve as a single point of | ||||||
19 | contact for applying for funding for the Digital Divide | ||||||
20 | Elimination Fund and for distributing information to the | ||||||
21 | public regarding all programs designed to advance digital | ||||||
22 | literacy and computer access.
| ||||||
23 | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| ||||||
24 | Section 35. The Illinois Income Tax Act is amended by | ||||||
25 | changing Section 220 as follows:
|
| |||||||
| |||||||
1 | (35 ILCS 5/220) | ||||||
2 | Sec. 220. Angel investment credit. | ||||||
3 | (a) As used in this Section: | ||||||
4 | "Applicant" means a corporation, partnership, limited | ||||||
5 | liability company, or a natural person that makes an | ||||||
6 | investment in a qualified new business venture. The term | ||||||
7 | "applicant" does not include (i) a corporation, partnership, | ||||||
8 | limited liability company, or a natural person who has a | ||||||
9 | direct or indirect ownership interest of at least 51% in the | ||||||
10 | profits, capital, or value of the qualified new business | ||||||
11 | venture receiving the investment or (ii) a related member. | ||||||
12 | "Claimant" means an applicant certified by the Department | ||||||
13 | who files a claim for a credit under this Section. | ||||||
14 | "Department" means the Department of Commerce and Economic | ||||||
15 | Opportunity. | ||||||
16 | "Investment" means money (or its equivalent) given to a | ||||||
17 | qualified new business venture, at a risk of loss, in | ||||||
18 | consideration for an equity interest of the qualified new | ||||||
19 | business venture. The Department may adopt rules to permit | ||||||
20 | certain forms of contingent equity investments to be | ||||||
21 | considered eligible for a tax credit under this Section. | ||||||
22 | "Qualified new business venture" means a business that is | ||||||
23 | registered with the Department under this Section. | ||||||
24 | "Related member" means a person that, with respect to the
| ||||||
25 | applicant, is any one of the following: |
| |||||||
| |||||||
1 | (1) An individual, if the individual and the members | ||||||
2 | of the individual's family (as defined in Section 318 of | ||||||
3 | the Internal Revenue Code) own directly, indirectly,
| ||||||
4 | beneficially, or constructively, in the aggregate, at | ||||||
5 | least 50% of the value of the outstanding profits, | ||||||
6 | capital, stock, or other ownership interest in the | ||||||
7 | qualified new business venture that is the recipient of | ||||||
8 | the applicant's investment. | ||||||
9 | (2) A partnership, estate, or trust and any partner or | ||||||
10 | beneficiary, if the partnership, estate, or trust and its | ||||||
11 | partners or beneficiaries own directly, indirectly, | ||||||
12 | beneficially, or constructively, in the aggregate, at | ||||||
13 | least 50% of the profits, capital, stock, or other | ||||||
14 | ownership interest in the qualified new business venture | ||||||
15 | that is the recipient of the applicant's investment. | ||||||
16 | (3) A corporation, and any party related to the | ||||||
17 | corporation in a manner that would require an attribution | ||||||
18 | of stock from the corporation under the attribution rules
| ||||||
19 | of Section 318 of the Internal Revenue Code, if the | ||||||
20 | applicant and any other related member own, in the | ||||||
21 | aggregate, directly, indirectly, beneficially, or | ||||||
22 | constructively, at least 50% of the value of the | ||||||
23 | outstanding stock of the qualified new business venture | ||||||
24 | that is the recipient of the applicant's investment. | ||||||
25 | (4) A corporation and any party related to that | ||||||
26 | corporation in a manner that would require an attribution |
| |||||||
| |||||||
1 | of stock from the corporation to the party or from the
| ||||||
2 | party to the corporation under the attribution rules of | ||||||
3 | Section 318 of the Internal Revenue Code, if the | ||||||
4 | corporation and all such related parties own, in the | ||||||
5 | aggregate, at least 50% of the profits, capital, stock, or | ||||||
6 | other ownership interest in the qualified new business | ||||||
7 | venture that is the recipient of the applicant's | ||||||
8 | investment. | ||||||
9 | (5) A person to or from whom there is attribution of | ||||||
10 | ownership of stock in the qualified new business venture | ||||||
11 | that is the recipient of the applicant's investment in | ||||||
12 | accordance with Section 1563(e) of the Internal Revenue | ||||||
13 | Code, except that for purposes of determining whether a | ||||||
14 | person is a related member under this paragraph, "20%" | ||||||
15 | shall be substituted for "5%" whenever "5%" appears in | ||||||
16 | Section 1563(e) of the Internal Revenue Code. | ||||||
17 | (b) For taxable years beginning after December 31, 2010, | ||||||
18 | and ending on or before December 31, 2026, subject to the | ||||||
19 | limitations provided in this Section, a claimant may claim, as | ||||||
20 | a credit against the tax imposed under subsections (a) and (b) | ||||||
21 | of Section 201 of this Act, an amount equal to 25% of the | ||||||
22 | claimant's investment made directly in a qualified new | ||||||
23 | business venture. In order for an investment in a qualified | ||||||
24 | new business venture to be eligible for tax credits, the | ||||||
25 | business must have applied for and received certification | ||||||
26 | under subsection (e) for the taxable year in which the |
| |||||||
| |||||||
1 | investment was made prior to the date on which the investment | ||||||
2 | was made. The credit under this Section may not exceed the | ||||||
3 | taxpayer's Illinois income tax liability for the taxable year. | ||||||
4 | If the amount of the credit exceeds the tax liability for the | ||||||
5 | year, the excess may be carried forward and applied to the tax | ||||||
6 | liability of the 5 taxable years following the excess credit | ||||||
7 | year. The credit shall be applied to the earliest year for | ||||||
8 | which there is a tax liability. If there are credits from more | ||||||
9 | than one tax year that are available to offset a liability, the | ||||||
10 | earlier credit shall be applied first. In the case of a | ||||||
11 | partnership or Subchapter S Corporation, the credit is allowed | ||||||
12 | to the partners or shareholders in accordance with the | ||||||
13 | determination of income and distributive share of income under | ||||||
14 | Sections 702 and 704 and Subchapter S of the Internal Revenue | ||||||
15 | Code. | ||||||
16 | (c) The minimum amount an applicant must invest in any | ||||||
17 | single qualified new business venture in order to be eligible | ||||||
18 | for a credit under this Section is $10,000. The maximum amount | ||||||
19 | of an applicant's total investment made in any single | ||||||
20 | qualified new business venture that may be used as the basis | ||||||
21 | for a credit under this Section is $2,000,000. | ||||||
22 | (d) The Department shall implement a program to certify an | ||||||
23 | applicant for an angel investment credit. Upon satisfactory | ||||||
24 | review, the Department shall issue a tax credit certificate | ||||||
25 | stating the amount of the tax credit to which the applicant is | ||||||
26 | entitled. The Department shall annually certify that: (i) each |
| |||||||
| |||||||
1 | qualified new business venture that receives an angel | ||||||
2 | investment after January 1, 2018 under this Section has | ||||||
3 | maintained a minimum employment threshold, as defined by rule, | ||||||
4 | in the State (and continues to maintain a minimum employment | ||||||
5 | threshold in the State for a period of no less than 3 years | ||||||
6 | from the issue date of the last tax credit certificate issued | ||||||
7 | by the Department with respect to such business pursuant to | ||||||
8 | this Section); and (ii) the claimant's investment has been | ||||||
9 | made and remains, except in the event of a qualifying | ||||||
10 | liquidity event, in the qualified new business venture for no | ||||||
11 | less than 3 years. | ||||||
12 | If an investment for which a claimant is allowed a credit | ||||||
13 | under subsection (b) is held by the claimant for less than 3 | ||||||
14 | years, other than as a result of a permitted sale of the | ||||||
15 | investment to person who is not a related member, the claimant | ||||||
16 | shall pay to the Department of Revenue, in the manner | ||||||
17 | prescribed by the Department of Revenue, the aggregate amount | ||||||
18 | of the disqualified credits that the claimant received related | ||||||
19 | to the subject investment. | ||||||
20 | If the Department determines that a qualified new business | ||||||
21 | venture failed to maintain a minimum employment threshold in | ||||||
22 | the State through the date which is 3 years from the issue date | ||||||
23 | of the last tax credit certificate issued by the Department | ||||||
24 | with respect to the subject business pursuant to this Section, | ||||||
25 | the claimant or claimants shall pay to the Department of | ||||||
26 | Revenue, in the manner prescribed by the Department of |
| |||||||
| |||||||
1 | Revenue, the aggregate amount of the disqualified credits that | ||||||
2 | claimant or claimants received related to investments in that | ||||||
3 | business. | ||||||
4 | (e) The Department shall implement a program to register | ||||||
5 | qualified new business ventures for purposes of this Section. | ||||||
6 | A business desiring registration under this Section shall be | ||||||
7 | required to submit a full and complete application to the | ||||||
8 | Department. A submitted application shall be effective only | ||||||
9 | for the taxable year in which it is submitted, and a business | ||||||
10 | desiring registration under this Section shall be required to | ||||||
11 | submit a separate application in and for each taxable year for | ||||||
12 | which the business desires registration. Further, if at any | ||||||
13 | time prior to the acceptance of an application for | ||||||
14 | registration under this Section by the Department one or more | ||||||
15 | events occurs which makes the information provided in that | ||||||
16 | application materially false or incomplete (in whole or in | ||||||
17 | part), the business shall promptly notify the Department of | ||||||
18 | the same. Any failure of a business to promptly provide the | ||||||
19 | foregoing information to the Department may, at the discretion | ||||||
20 | of the Department, result in a revocation of a previously | ||||||
21 | approved application for that business, or disqualification of | ||||||
22 | the business from future registration under this Section, or | ||||||
23 | both. The Department may register the business only if all of | ||||||
24 | the following conditions are satisfied: | ||||||
25 | (1) it has its principal place of business in this | ||||||
26 | State; |
| |||||||
| |||||||
1 | (2) at least 51% of the employees employed by the | ||||||
2 | business are employed in this State; | ||||||
3 | (3) the business has the potential for increasing jobs | ||||||
4 | in this State, increasing capital investment in this | ||||||
5 | State, or both, as determined by the Department, and | ||||||
6 | either of the following apply: | ||||||
7 | (A) it is principally engaged in innovation in any | ||||||
8 | of the following: manufacturing; biotechnology; | ||||||
9 | nanotechnology; communications; agricultural | ||||||
10 | sciences; clean energy creation or storage technology; | ||||||
11 | processing or assembling products, including medical | ||||||
12 | devices, pharmaceuticals, computer software, computer | ||||||
13 | hardware, semiconductors, other innovative technology | ||||||
14 | products, or other products that are produced using | ||||||
15 | manufacturing methods that are enabled by applying | ||||||
16 | proprietary technology; or providing services that are | ||||||
17 | enabled by applying proprietary technology; or | ||||||
18 | (B) it is undertaking pre-commercialization | ||||||
19 | activity related to proprietary technology that | ||||||
20 | includes conducting research, developing a new product | ||||||
21 | or business process, or developing a service that is | ||||||
22 | principally reliant on applying proprietary | ||||||
23 | technology; | ||||||
24 | (4) it is not principally engaged in real estate | ||||||
25 | development, insurance, banking, lending, lobbying, | ||||||
26 | political consulting, professional services provided by |
| |||||||
| |||||||
1 | attorneys, accountants, business consultants, physicians, | ||||||
2 | or health care consultants, wholesale or retail trade, | ||||||
3 | leisure, hospitality, transportation, or construction, | ||||||
4 | except construction of power production plants that derive | ||||||
5 | energy from a renewable energy resource, as defined in | ||||||
6 | Section 1 of the Illinois Power Agency Act; | ||||||
7 | (5) at the time it is first certified: | ||||||
8 | (A) it has fewer than 100 employees; | ||||||
9 | (B) it has been in operation in Illinois for not | ||||||
10 | more than 10 consecutive years prior to the year of | ||||||
11 | certification; and | ||||||
12 | (C) it has received not more than $10,000,000 in | ||||||
13 | aggregate investments; | ||||||
14 | (5.1) it agrees to maintain a minimum employment | ||||||
15 | threshold in the State of Illinois prior to the date which | ||||||
16 | is 3 years from the issue date of the last tax credit | ||||||
17 | certificate issued by the Department with respect to that | ||||||
18 | business pursuant to this Section; | ||||||
19 | (6) (blank); and | ||||||
20 | (7) it has received not more than $4,000,000 in | ||||||
21 | investments that qualified for tax credits under this | ||||||
22 | Section. | ||||||
23 | (f) The Department, in consultation with the Department of | ||||||
24 | Revenue, shall adopt rules to administer this Section. The | ||||||
25 | aggregate amount of the tax credits that may be claimed under | ||||||
26 | this Section for investments made in qualified new business |
| |||||||
| |||||||
1 | ventures shall be limited at $10,000,000 per calendar year, of | ||||||
2 | which $500,000 shall be reserved for investments made in | ||||||
3 | qualified new business ventures which are minority-owned | ||||||
4 | businesses, women-owned businesses, or businesses owned by a | ||||||
5 | person with a disability (as those terms are used and defined | ||||||
6 | in the Business Enterprise for Minorities, Women, and Persons | ||||||
7 | with Disabilities Act), and an additional $500,000 shall be | ||||||
8 | reserved for investments made in qualified new business | ||||||
9 | ventures with their principal place of business in counties | ||||||
10 | with a population of not more than 250,000. The foregoing | ||||||
11 | annual allowable amounts shall be allocated by the Department, | ||||||
12 | on a per calendar quarter basis and prior to the commencement | ||||||
13 | of each calendar year, in such proportion as determined by the | ||||||
14 | Department, provided that: (i) the amount initially allocated | ||||||
15 | by the Department for any one calendar quarter shall not | ||||||
16 | exceed 35% of the total allowable amount; (ii) any portion of | ||||||
17 | the allocated allowable amount remaining unused as of the end | ||||||
18 | of any of the first 3 calendar quarters of a given calendar | ||||||
19 | year shall be rolled into, and added to, the total allocated | ||||||
20 | amount for the next available calendar quarter; and (iii) the | ||||||
21 | reservation of tax credits for investments in minority-owned | ||||||
22 | businesses, women-owned businesses, businesses owned by a | ||||||
23 | person with a disability, and in businesses in counties with a | ||||||
24 | population of not more than 250,000 is limited to the first 3 | ||||||
25 | calendar quarters of a given calendar year, after which they | ||||||
26 | may be claimed by investors in any qualified new business |
| |||||||
| |||||||
1 | venture. | ||||||
2 | (g) A claimant may not sell or otherwise transfer a credit | ||||||
3 | awarded under this Section to another person. | ||||||
4 | (h) On or before March 1 of each year, the Department shall | ||||||
5 | report to the Governor and to the General Assembly on the tax | ||||||
6 | credit certificates awarded under this Section for the prior | ||||||
7 | calendar year. | ||||||
8 | (1) This report must include, for each tax credit | ||||||
9 | certificate awarded: | ||||||
10 | (A) the name of the claimant and the amount of | ||||||
11 | credit awarded or allocated to that claimant; | ||||||
12 | (B) the name and address (including the county) of | ||||||
13 | the qualified new business venture that received the | ||||||
14 | investment giving rise to the credit, the North | ||||||
15 | American Industry Classification System (NAICS) code | ||||||
16 | applicable to that qualified new business venture, and | ||||||
17 | the number of employees of the qualified new business | ||||||
18 | venture; and | ||||||
19 | (C) the date of approval by the Department of each | ||||||
20 | claimant's tax credit certificate. | ||||||
21 | (2) The report must also include: | ||||||
22 | (A) the total number of applicants and the total | ||||||
23 | number of claimants, including the amount of each tax | ||||||
24 | credit certificate awarded to a claimant under this | ||||||
25 | Section in the prior calendar year; | ||||||
26 | (B) the total number of applications from |
| |||||||
| |||||||
1 | businesses seeking registration under this Section, | ||||||
2 | the total number of new qualified business ventures | ||||||
3 | registered by the Department, and the aggregate amount | ||||||
4 | of investment upon which tax credit certificates were | ||||||
5 | issued in the prior calendar year; and | ||||||
6 | (C) the total amount of tax credit certificates | ||||||
7 | sought by applicants, the amount of each tax credit | ||||||
8 | certificate issued to a claimant, the aggregate amount | ||||||
9 | of all tax credit certificates issued in the prior | ||||||
10 | calendar year and the aggregate amount of tax credit | ||||||
11 | certificates issued as authorized under this Section | ||||||
12 | for all calendar years.
| ||||||
13 | (i) For each business seeking registration under this | ||||||
14 | Section after December 31, 2016, the Department shall require | ||||||
15 | the business to include in its application the North American | ||||||
16 | Industry Classification System (NAICS) code applicable to the | ||||||
17 | business and the number of employees of the business at the | ||||||
18 | time of application. Each business registered by the | ||||||
19 | Department as a qualified new business venture that receives | ||||||
20 | an investment giving rise to the issuance of a tax credit | ||||||
21 | certificate pursuant to this Section shall, for each of the 3 | ||||||
22 | years following the issue date of the last tax credit | ||||||
23 | certificate issued by the Department with respect to such | ||||||
24 | business pursuant to this Section, report to the Department | ||||||
25 | the following: | ||||||
26 | (1) the number of employees and the location at which |
| |||||||
| |||||||
1 | those employees are employed, both as of the end of each | ||||||
2 | year; | ||||||
3 | (2) the amount of additional new capital investment | ||||||
4 | raised as of the end of each year, if any; and | ||||||
5 | (3) the terms of any liquidity event occurring during | ||||||
6 | such year; for the purposes of this Section, a "liquidity | ||||||
7 | event" means any event that would be considered an exit | ||||||
8 | for an illiquid investment, including any event that | ||||||
9 | allows the equity holders of the business (or any material | ||||||
10 | portion thereof) to cash out some or all of their | ||||||
11 | respective equity interests. | ||||||
12 | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.)
| ||||||
13 | Section 40. The Film
Production Services Tax Credit Act of | ||||||
14 | 2008 is amended by changing Section 45 as follows:
| ||||||
15 | (35 ILCS 16/45)
| ||||||
16 | Sec. 45. Evaluation of tax credit program; reports to the | ||||||
17 | General Assembly. | ||||||
18 | (a) The Department shall evaluate the tax credit program. | ||||||
19 | The evaluation must include an assessment of the effectiveness | ||||||
20 | of the program in creating and retaining new jobs in Illinois | ||||||
21 | and of the revenue impact of the program, and may include a | ||||||
22 | review of the practices and experiences of other states or | ||||||
23 | nations with similar programs. Upon completion of this | ||||||
24 | evaluation, the Department shall determine the overall success |
| |||||||
| |||||||
1 | of the program, and may make a recommendation to extend, | ||||||
2 | modify, or not extend the program based on this evaluation. | ||||||
3 | (b) At the end of each fiscal quarter, the Department must | ||||||
4 | submit to the General Assembly a report that includes, without | ||||||
5 | limitation, the following information: | ||||||
6 | (1) the economic impact of the tax credit program,
| ||||||
7 | including the number of jobs created and retained, | ||||||
8 | including whether the job positions are above-the-line, | ||||||
9 | below-the-line, or extras entry level, management, | ||||||
10 | talent-related, vendor-related, or production-related ; | ||||||
11 | (2) the amount of film production spending brought to
| ||||||
12 | Illinois, including the amount of spending and type of | ||||||
13 | Illinois vendors hired in connection with an accredited | ||||||
14 | production; and | ||||||
15 | (3) an overall picture of whether the human
| ||||||
16 | infrastructure of the motion picture industry in Illinois | ||||||
17 | reflects the geographical, racial and ethnic, gender, and | ||||||
18 | income-level diversity of the State of Illinois.
| ||||||
19 | (c) At the end of each fiscal year, the Department must
| ||||||
20 | submit to the General Assembly a report that includes the | ||||||
21 | following information: | ||||||
22 | (1) an identification of each vendor that provided
| ||||||
23 | goods or services that were included in an accredited | ||||||
24 | production's Illinois production spending, provided that | ||||||
25 | the accredited production's Illinois production spending | ||||||
26 | attributable to that vendor exceeds, in the aggregate, |
| |||||||
| |||||||
1 | $10,000 or 10% of the accredited production's Illinois | ||||||
2 | production spending, whichever is less; | ||||||
3 | (2) the amount paid to each identified vendor by the
| ||||||
4 | accredited production; | ||||||
5 | (3) for each identified vendor, a statement as to
| ||||||
6 | whether the vendor is a minority-owned business or a | ||||||
7 | women-owned business, as defined under Section 2 of the | ||||||
8 | Business Enterprise for Minorities, Women, and Persons | ||||||
9 | with Disabilities Act, based on the best efforts of an | ||||||
10 | accredited production; and | ||||||
11 | (4) a description of any steps taken by the
Department | ||||||
12 | to encourage accredited productions to use vendors who are | ||||||
13 | a minority-owned business or a women-owned business.
| ||||||
14 | (Source: P.A. 100-391, eff. 8-25-17; 100-603, eff. 7-13-18; | ||||||
15 | 101-81, eff. 7-12-19.)
| ||||||
16 | Section 45. The Southwestern Illinois Metropolitan and | ||||||
17 | Regional Planning Act is amended by changing Section 35 as | ||||||
18 | follows:
| ||||||
19 | (70 ILCS 1710/35) (from Ch. 85, par. 1185)
| ||||||
20 | Sec. 35. At the close of each fiscal year, the Commission | ||||||
21 | shall prepare a
complete report of its receipts and | ||||||
22 | expenditures during the fiscal year.
A copy of this report | ||||||
23 | shall be filed with the Governor and with the
treasurer of each | ||||||
24 | county included in the Metropolitan and Regional
Counties |
| |||||||
| |||||||
1 | Area. In addition, on or before December 31 of each even
| ||||||
2 | numbered year, the Commission shall prepare jointly with the | ||||||
3 | Department
of Commerce and Economic Opportunity, a report of | ||||||
4 | its activities during the
biennium indicating how its funds | ||||||
5 | were expended, indicating the amount
of the appropriation | ||||||
6 | requested for the next biennium and explaining how
the | ||||||
7 | appropriation will be utilized to carry out its | ||||||
8 | responsibilities. A
copy of this report shall be filed with | ||||||
9 | the Governor, the Senate and the
House of Representatives.
| ||||||
10 | (Source: P.A. 94-793, eff. 5-19-06.)
| ||||||
11 | Section 50. The Illinois Groundwater Protection Act is | ||||||
12 | amended by changing Section 4 as follows:
| ||||||
13 | (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| ||||||
14 | Sec. 4. (a) There shall be established within State | ||||||
15 | government an
interagency committee
which shall be known as | ||||||
16 | the Interagency Coordinating Committee on
Groundwater. The | ||||||
17 | Committee shall be composed of the Director, or his
designee, | ||||||
18 | of the following agencies:
| ||||||
19 | (1) The Illinois Environmental Protection Agency, who | ||||||
20 | shall chair the
Committee.
| ||||||
21 | (2) The Illinois Department of Natural Resources.
| ||||||
22 | (3) The Illinois Department of Public Health.
| ||||||
23 | (4) The Office of Mines and Minerals within
the | ||||||
24 | Department of Natural Resources.
|
| |||||||
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1 | (5) The Office of the State Fire Marshal.
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2 | (6) The Division of Water Resources of the Department | ||||||
3 | of
Natural Resources.
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4 | (7) The Illinois Department of Agriculture.
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5 | (8) The Illinois Emergency Management Agency.
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6 | (9) The Illinois Department of Nuclear Safety.
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7 | (10) The Illinois Department of Commerce and Economic | ||||||
8 | Opportunity.
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9 | (b) The Committee shall meet not less than
twice each | ||||||
10 | calendar year and shall:
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11 | (1) Review and coordinate the State's policy on | ||||||
12 | groundwater protection.
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13 | (2) Review and evaluate State laws, regulations and | ||||||
14 | procedures that
relate to groundwater protection.
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15 | (3) Review and evaluate the status of the State's | ||||||
16 | efforts to improve
the quality of the groundwater and of | ||||||
17 | the State enforcement efforts for
protection of the | ||||||
18 | groundwater and make recommendations on improving the
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19 | State efforts to protect the groundwater.
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20 | (4) Recommend procedures for better coordination among | ||||||
21 | State
groundwater programs and with local programs related | ||||||
22 | to groundwater protection.
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23 | (5) Review and recommend procedures to coordinate the | ||||||
24 | State's response
to specific incidents of groundwater | ||||||
25 | pollution and coordinate dissemination
of information | ||||||
26 | between agencies responsible for the State's response.
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1 | (6) Make recommendations for and prioritize the | ||||||
2 | State's groundwater
research needs.
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3 | (7) Review, coordinate and evaluate groundwater data | ||||||
4 | collection and
analysis.
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5 | (8) Beginning on January 1, 1990, report biennially to | ||||||
6 | the Governor
and the General Assembly on groundwater
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7 | quality, quantity, and the State's enforcement efforts.
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8 | (c) The Chairman of the Committee shall propose a | ||||||
9 | groundwater protection
regulatory agenda for consideration by | ||||||
10 | the Committee and the Council. The
principal purpose of the | ||||||
11 | agenda shall be to systematically consider the
groundwater | ||||||
12 | protection aspects of relevant federal and State regulatory
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13 | programs and to identify any areas where improvements may be | ||||||
14 | warranted. To
the extent feasible, the agenda may also serve | ||||||
15 | to facilitate a more
uniform and coordinated approach toward | ||||||
16 | protection of groundwaters in
Illinois. Upon adoption of the | ||||||
17 | final agenda by the Committee, the Chairman
of the Committee | ||||||
18 | shall assign a lead agency and any support agencies to
prepare | ||||||
19 | a regulatory assessment report for each item on the agenda. | ||||||
20 | Each
regulatory assessment report shall specify the nature of | ||||||
21 | the
groundwater protection
provisions being implemented and | ||||||
22 | shall evaluate the results achieved
therefrom. Special | ||||||
23 | attention shall be given to any preventive measures
being | ||||||
24 | utilized for protection of groundwaters. The reports shall be
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25 | completed in a timely manner. After review and consideration | ||||||
26 | by the
Committee, the reports shall become the basis for |
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1 | recommending further
legislative or regulatory action.
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2 | (d) No later than January 1, 1992, the Interagency | ||||||
3 | Coordinating
Committee on Groundwater shall provide a | ||||||
4 | comprehensive status report to
the Governor and the General | ||||||
5 | Assembly concerning implementation of this Act.
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6 | (e) The Committee shall consider findings and | ||||||
7 | recommendations that are
provided by the Council, and
respond | ||||||
8 | in writing regarding such matters. The Chairman of the | ||||||
9 | Committee
shall designate a liaison person to serve as a | ||||||
10 | facilitator of
communications with the Council.
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11 | (Source: P.A. 94-793, eff. 5-19-06.)
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12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.
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