Bill Text: IL HB5470 | 2025-2026 | 104th General Assembly | Enrolled
Bill Title: Reinserts the provisions of House Amendment No. 1 with changes. Removes provisions of the Illinois Power Agency Act extending a home rule preemption concerning taxes or fees related to the generation of electricity. Removes provisions extending the following income tax credits: (1) the research and development credit; (2) the angel investment credit; (3) the apprenticeship education expense credit; and (4) the River Edge Redevelopment Zone credit. Effective immediately.
Sponsorship: Partisan Bill (Democrat 7)
Status: (Passed) 2026-08-07 - Public Act . . . . . . . . . 104-0799 [HB5470 Detail]
Download: Illinois-2025-HB5470-Enrolled.html
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| 1 | AN ACT concerning State government. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 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, 605-465, 605-503, | ||||||
| 7 | 605-913, 605-1007, and 605-1032 as follows: | ||||||
| 8 | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2) | ||||||
| 9 | Sec. 605-300. Economic development plans. The Department | ||||||
| 10 | shall develop a strategic economic development plan for the | ||||||
| 11 | State by July 1, 2014. By no later than January 31 July 1, | ||||||
| 12 | 2015, and by July 1 annually thereafter, the Department shall | ||||||
| 13 | make modifications to the plan as modifications are warranted | ||||||
| 14 | by changes in economic conditions or by other factors, | ||||||
| 15 | including changes in policy. In addition to the annual | ||||||
| 16 | modification, the plan shall be reviewed and redeveloped in | ||||||
| 17 | full every 5 years. In the development of the annual economic | ||||||
| 18 | development plan, the Department shall consult with | ||||||
| 19 | representatives of the private sector, other State agencies, | ||||||
| 20 | academic institutions, local economic development | ||||||
| 21 | organizations, local governments, and not-for-profit | ||||||
| 22 | organizations. The annual economic development plan shall set | ||||||
| 23 | specific, measurable, attainable, relevant, and time-sensitive | ||||||
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| 1 | goals and shall include a focus on areas of high unemployment | ||||||
| 2 | or poverty. | ||||||
| 3 | The term "economic development" shall be construed broadly | ||||||
| 4 | by the Department and may include, but is not limited to, job | ||||||
| 5 | creation, job retention, tax base enhancements, development of | ||||||
| 6 | human capital, workforce productivity, critical | ||||||
| 7 | infrastructure, regional competitiveness, social inclusion, | ||||||
| 8 | standard of living, environmental sustainability, energy | ||||||
| 9 | independence, quality of life, the effective use of financial | ||||||
| 10 | incentives, the utilization of public private partnerships | ||||||
| 11 | where appropriate, and other metrics determined by the | ||||||
| 12 | Department. | ||||||
| 13 | The plan shall be based on relevant economic data, focus | ||||||
| 14 | on economic development as prescribed by this Section, and | ||||||
| 15 | emphasize strategies to retain and create jobs. | ||||||
| 16 | The plan shall identify and develop specific strategies | ||||||
| 17 | for utilizing the assets of regions within the State defined | ||||||
| 18 | as counties and municipalities or other political subdivisions | ||||||
| 19 | in close geographical proximity that share common economic | ||||||
| 20 | traits such as commuting zones, labor market areas, or other | ||||||
| 21 | economically integrated characteristics. | ||||||
| 22 | If the plan includes strategies that have a fiscal impact | ||||||
| 23 | on the Department or any other agency, the plan shall include a | ||||||
| 24 | detailed description of the estimated fiscal impact of such | ||||||
| 25 | strategies. | ||||||
| 26 | Prior to publishing the plan in its final form, the | ||||||
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| 1 | Department shall allow for a reasonable time for public input. | ||||||
| 2 | The Department shall transmit copies of the economic | ||||||
| 3 | development plan to the Governor and the General Assembly no | ||||||
| 4 | later than July 1, 2014, and by July 1 annually thereafter. The | ||||||
| 5 | plan and its corresponding modifications shall be published | ||||||
| 6 | and made available to the public in both paper and electronic | ||||||
| 7 | media, on the Department's website, and by any other method | ||||||
| 8 | that the Department deems appropriate. | ||||||
| 9 | The Department shall annually submit legislation to | ||||||
| 10 | implement the strategic economic development plan or | ||||||
| 11 | modifications to the strategic economic development plan to | ||||||
| 12 | the Governor, the President and Minority Leader of the Senate, | ||||||
| 13 | and the Speaker and the Minority Leader of the House of | ||||||
| 14 | Representatives. The legislation shall be in the form of one | ||||||
| 15 | or more substantive bills drafted by the Legislative Reference | ||||||
| 16 | Bureau. | ||||||
| 17 | (Source: P.A. 104-435, eff. 11-21-25.) | ||||||
| 18 | (20 ILCS 605/605-465) | ||||||
| 19 | Sec. 605-465. Comprehensive website information. | ||||||
| 20 | (a) The Department's official website must contain a | ||||||
| 21 | comprehensive list of State, local, and federal economic | ||||||
| 22 | benefits available to businesses in each of the State's | ||||||
| 23 | counties and municipalities that the Department includes on | ||||||
| 24 | its website. In order to do so: | ||||||
| 25 | (1) The Department annually must request a summary of | ||||||
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| 1 | available economic benefits from each of the State's | ||||||
| 2 | counties and municipalities that are linked to the | ||||||
| 3 | Department's website. | ||||||
| 4 | (2) The information obtained under paragraph (1) must | ||||||
| 5 | be published on the related web pages of the Department's | ||||||
| 6 | website. | ||||||
| 7 | (3) The Department's website shall also provide | ||||||
| 8 | information regarding available federal economic benefits | ||||||
| 9 | to the extent possible. | ||||||
| 10 | (b) The Department shall adopt rules for the | ||||||
| 11 | implementation of this Section. | ||||||
| 12 | (c) This Section is repealed on July 1, 2026. | ||||||
| 13 | (Source: P.A. 97-721, eff. 6-29-12.) | ||||||
| 14 | (20 ILCS 605/605-503) | ||||||
| 15 | Sec. 605-503. Entrepreneurship assistance centers. | ||||||
| 16 | (a) The Department shall establish and support, subject to | ||||||
| 17 | appropriation, entrepreneurship assistance centers, including | ||||||
| 18 | the issuance of grants, at career education agencies and | ||||||
| 19 | not-for-profit corporations, including, but not limited to, | ||||||
| 20 | local development corporations, chambers of commerce, | ||||||
| 21 | community-based business outreach centers, and other | ||||||
| 22 | community-based organizations. The purpose of the centers | ||||||
| 23 | shall be to train minority group members, women, individuals | ||||||
| 24 | with a disability, dislocated workers, veterans, and youth | ||||||
| 25 | entrepreneurs in the principles and practice of | ||||||
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| 1 | entrepreneurship in order to prepare those persons to pursue | ||||||
| 2 | self-employment opportunities and to pursue a minority | ||||||
| 3 | business enterprise or a women-owned business enterprise. The | ||||||
| 4 | centers shall provide for training in all aspects of business | ||||||
| 5 | development and small business management as defined by the | ||||||
| 6 | Department. | ||||||
| 7 | (b) The Department shall establish criteria for selection | ||||||
| 8 | and designation of the centers which shall include, but not be | ||||||
| 9 | limited to: | ||||||
| 10 | (1) the level of support for the center from local | ||||||
| 11 | post-secondary education institutions, businesses, and | ||||||
| 12 | government; | ||||||
| 13 | (2) the level of financial assistance provided at the | ||||||
| 14 | local and federal level to support the operations of the | ||||||
| 15 | center; | ||||||
| 16 | (3) the applicant's understanding of program goals and | ||||||
| 17 | objectives articulated by the Department; | ||||||
| 18 | (4) the plans of the center to supplement State and | ||||||
| 19 | local funding through fees for services which may be based | ||||||
| 20 | on a sliding scale based on ability to pay; | ||||||
| 21 | (5) the need for and anticipated impact of the center | ||||||
| 22 | on the community in which it will function; | ||||||
| 23 | (6) the quality of the proposed work plan and staff of | ||||||
| 24 | the center; and | ||||||
| 25 | (7) the extent of economic distress in the area to be | ||||||
| 26 | served. | ||||||
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| 1 | (c) Each center shall: | ||||||
| 2 | (1) be operated by a board of directors representing | ||||||
| 3 | community leaders in business, education, finance, and | ||||||
| 4 | government; | ||||||
| 5 | (2) be incorporated as a not-for-profit corporation; | ||||||
| 6 | (3) be located in an area accessible to eligible | ||||||
| 7 | clients; | ||||||
| 8 | (4) establish an advisory group of community business | ||||||
| 9 | experts, at least one-half of whom shall be representative | ||||||
| 10 | of the clientele to be served by the center, which shall | ||||||
| 11 | constitute a support network to provide counseling and | ||||||
| 12 | mentoring services to minority group members, women, | ||||||
| 13 | individuals with a disability, dislocated workers, | ||||||
| 14 | veterans, and youth entrepreneurs from the concept stage | ||||||
| 15 | of development through the first one to 2 years of | ||||||
| 16 | existence on a regular basis and as needed thereafter; and | ||||||
| 17 | (5) establish a referral system and linkages to | ||||||
| 18 | existing area small business assistance programs and | ||||||
| 19 | financing sources. | ||||||
| 20 | (d) Each entrepreneurship assistance center shall provide | ||||||
| 21 | needed services to eligible clients, including, but not | ||||||
| 22 | limited to: (i) orientation and screening of prospective | ||||||
| 23 | entrepreneurs; (ii) analysis of business concepts and | ||||||
| 24 | technical feasibility; (iii) market analysis; (iv) management | ||||||
| 25 | analysis and counseling; (v) business planning and financial | ||||||
| 26 | planning assistance; (vi) referrals to financial resources; | ||||||
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| 1 | (vii) referrals to existing educational programs for training | ||||||
| 2 | in such areas as marketing, accounting, and other training | ||||||
| 3 | programs as may be necessary and available; and (viii) | ||||||
| 4 | referrals to business incubator facilities, when appropriate, | ||||||
| 5 | for the purpose of entering into agreements to access shared | ||||||
| 6 | support services. | ||||||
| 7 | (e) Applications for grants made under this Section shall | ||||||
| 8 | be made in the manner and on forms prescribed by the | ||||||
| 9 | Department. The application shall include, but shall not be | ||||||
| 10 | limited to: | ||||||
| 11 | (1) a description of the training programs available | ||||||
| 12 | within the geographic area to be served by the center to | ||||||
| 13 | which eligible clients may be referred; | ||||||
| 14 | (2) designation of a program director; | ||||||
| 15 | (3) plans for providing ongoing technical assistance | ||||||
| 16 | to program graduates, including linkages with providers of | ||||||
| 17 | other entrepreneurial assistance programs and with | ||||||
| 18 | providers of small business technical assistance and | ||||||
| 19 | services; | ||||||
| 20 | (4) a program budget, including matching funds, | ||||||
| 21 | in-kind and otherwise, to be provided by the applicant; | ||||||
| 22 | and | ||||||
| 23 | (5) any other requirements as deemed necessary by the | ||||||
| 24 | Department. | ||||||
| 25 | (f) Grants made under this Section shall be disbursed for | ||||||
| 26 | payment of the cost of services and expenses of the program | ||||||
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| 1 | director, the instructors of the participating career | ||||||
| 2 | education agency or not-for-profit corporation, the faculty | ||||||
| 3 | and support personnel thereof, and any other person in the | ||||||
| 4 | service of providing instruction and counseling in furtherance | ||||||
| 5 | of the program. | ||||||
| 6 | (g) The Department shall monitor the performance of each | ||||||
| 7 | entrepreneurial assistance center and require quarterly | ||||||
| 8 | reports from each center at such time and in such a manner as | ||||||
| 9 | prescribed by the Department. | ||||||
| 10 | The Department shall also evaluate the entrepreneurial | ||||||
| 11 | assistance centers established under this Section and report | ||||||
| 12 | annually beginning on January 1, 2023, and on or before | ||||||
| 13 | January 31 January 1 of each year thereafter, the results of | ||||||
| 14 | the evaluation to the Governor and the General Assembly. The | ||||||
| 15 | report shall discuss the extent to which the centers serve | ||||||
| 16 | minority group members, women, individuals with a disability, | ||||||
| 17 | dislocated workers, veterans, and youth entrepreneurs; the | ||||||
| 18 | extent to which the training program is coordinated with other | ||||||
| 19 | assistance programs targeted to small and new businesses; the | ||||||
| 20 | ability of the program to leverage other sources of funding | ||||||
| 21 | and support; and the success of the program in aiding | ||||||
| 22 | entrepreneurs to start up new businesses, including the number | ||||||
| 23 | of new business start-ups resulting from the program. The | ||||||
| 24 | report shall recommend changes and improvements in the | ||||||
| 25 | training program and in the quality of supplemental technical | ||||||
| 26 | assistance offered to graduates of the training programs. The | ||||||
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| 1 | report shall be made available to the public on the | ||||||
| 2 | Department's website. Between evaluation due dates, the | ||||||
| 3 | Department shall maintain the necessary records and data | ||||||
| 4 | required to satisfy the evaluation requirements. | ||||||
| 5 | (h) For purposes of this Section: | ||||||
| 6 | "Entrepreneurship assistance center" or "center" means the | ||||||
| 7 | business development centers or programs which provide | ||||||
| 8 | assistance to primarily minority group members, women, | ||||||
| 9 | individuals with a disability, dislocated workers, veterans, | ||||||
| 10 | and youth entrepreneurs under this Section. | ||||||
| 11 | "Disability" means, with respect to an individual: (i) a | ||||||
| 12 | physical or mental impairment that substantially limits one or | ||||||
| 13 | more of the major life activities of an individual; (ii) a | ||||||
| 14 | record of such an impairment; or (iii) being regarded as | ||||||
| 15 | having an impairment. | ||||||
| 16 | "Minority business enterprise" has the same meaning as | ||||||
| 17 | provided for "minority-owned business" under Section 2 of the | ||||||
| 18 | Business Enterprise for Minorities, Women, and Persons with | ||||||
| 19 | Disabilities Act. | ||||||
| 20 | "Minority group member" has the same meaning as provided | ||||||
| 21 | for "minority person" under Section 2 of the Business | ||||||
| 22 | Enterprise for Minorities, Women, and Persons with | ||||||
| 23 | Disabilities Act. | ||||||
| 24 | "Women-owned business enterprise" has the same meaning as | ||||||
| 25 | provided for "women-owned business" under Section 2 of the | ||||||
| 26 | Business Enterprise for Minorities, Women, and Persons with | ||||||
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| 1 | Disabilities Act. | ||||||
| 2 | "Veteran" means a person who served in and who has | ||||||
| 3 | received an honorable or general discharge from, the United | ||||||
| 4 | States Army, Navy, Air Force, Space Force, Marines, Coast | ||||||
| 5 | Guard, or reserves thereof, or who served in the Army National | ||||||
| 6 | Guard, Air National Guard, or Illinois National Guard. | ||||||
| 7 | "Youth entrepreneur" means a person who is between the | ||||||
| 8 | ages of 16 and 29 years old and is seeking community support to | ||||||
| 9 | start a business in Illinois. | ||||||
| 10 | (Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23; | ||||||
| 11 | 103-154, eff. 6-30-23; 103-746, eff. 1-1-25.) | ||||||
| 12 | (20 ILCS 605/605-913) | ||||||
| 13 | Sec. 605-913. Clean Water Workforce Pipeline Program. | ||||||
| 14 | (a) The General Assembly finds the following: | ||||||
| 15 | (1) The fresh surface water and groundwater supply in | ||||||
| 16 | Illinois and Lake Michigan constitute vital natural | ||||||
| 17 | resources that require careful stewardship and protection | ||||||
| 18 | for future generations. Access to safe and clean drinking | ||||||
| 19 | water is the right of all Illinois residents. | ||||||
| 20 | (2) To adequately protect these resources and provide | ||||||
| 21 | safe and clean drinking water, substantial investment is | ||||||
| 22 | needed to replace lead components in drinking water | ||||||
| 23 | infrastructure, improve wastewater treatment, flood | ||||||
| 24 | control, and stormwater management, control aquatic | ||||||
| 25 | invasive species, implement green infrastructure | ||||||
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| 1 | solutions, and implement other infrastructure solutions to | ||||||
| 2 | protect water quality. | ||||||
| 3 | (3) Implementing these clean water solutions will | ||||||
| 4 | require a skilled and trained workforce, and new | ||||||
| 5 | investments will demand additional workers with | ||||||
| 6 | specialized skills. | ||||||
| 7 | (4) Water infrastructure jobs have been shown to | ||||||
| 8 | provide living wages and contribute to Illinois' economy. | ||||||
| 9 | (5) Significant populations of Illinois residents, | ||||||
| 10 | including, but not limited to, residents of environmental | ||||||
| 11 | justice communities, economically and socially | ||||||
| 12 | disadvantaged communities, those returning from the | ||||||
| 13 | criminal justice system, foster care alumni, and in | ||||||
| 14 | particular women and transgender persons, are in need of | ||||||
| 15 | access to skilled living wage jobs like those in the water | ||||||
| 16 | infrastructure sector. | ||||||
| 17 | (6) Many of these residents are more likely to live in | ||||||
| 18 | communities with aging and inadequate clean water | ||||||
| 19 | infrastructure and suffer from threats to surface and | ||||||
| 20 | drinking water quality. | ||||||
| 21 | (7) The State can provide significant economic | ||||||
| 22 | opportunities to these residents and achieve greater | ||||||
| 23 | environmental and public health by investing in clean | ||||||
| 24 | water infrastructure. | ||||||
| 25 | (8) New training, recruitment, support, and placement | ||||||
| 26 | efforts are needed to connect these residents with career | ||||||
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| 1 | opportunities in water infrastructure. | ||||||
| 2 | (9) The State must invest in both clean water | ||||||
| 3 | infrastructure and workforce development efforts in order | ||||||
| 4 | to achieve these goals. | ||||||
| 5 | (b) Subject to appropriation, From appropriations made | ||||||
| 6 | from the Build Illinois Bond Fund, Capital Development Fund, | ||||||
| 7 | or General Revenue Fund or other funds as identified by the | ||||||
| 8 | Department, the Department may shall create a Clean Water | ||||||
| 9 | Workforce Pipeline Program to provide grants and other | ||||||
| 10 | financial assistance to prepare and support individuals for | ||||||
| 11 | careers in water infrastructure. All funding provided by the | ||||||
| 12 | Program under this Section shall be designed to encourage and | ||||||
| 13 | facilitate employment in projects funded through State capital | ||||||
| 14 | investment and provide participants a skill set to allow them | ||||||
| 15 | to work professionally in fields related to water | ||||||
| 16 | infrastructure. | ||||||
| 17 | Grants and other financial assistance may be made | ||||||
| 18 | available on a competitive annual basis to organizations that | ||||||
| 19 | demonstrate a capacity to recruit, support, train, and place | ||||||
| 20 | individuals in water infrastructure careers, including, but | ||||||
| 21 | not limited to, community organizations, educational | ||||||
| 22 | institutions, workforce investment boards, community action | ||||||
| 23 | agencies, and multi-craft labor organizations for new efforts | ||||||
| 24 | specifically focused on engaging residents of environmental | ||||||
| 25 | justice communities, economically and socially disadvantaged | ||||||
| 26 | communities, those returning from the criminal justice system, | ||||||
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| 1 | foster care alumni, and in particular women and transgender | ||||||
| 2 | persons in these populations. | ||||||
| 3 | Grants and other financial assistance may shall be awarded | ||||||
| 4 | on a competitive and annual basis for the following | ||||||
| 5 | activities: | ||||||
| 6 | (1) identification of individuals for job training in | ||||||
| 7 | the water sector; | ||||||
| 8 | (2) counseling, preparation, skills training, and | ||||||
| 9 | other support to increase a candidate's likelihood of | ||||||
| 10 | success in a job training program and career; | ||||||
| 11 | (3) financial support for individuals in a water | ||||||
| 12 | sector job skills training program, support services, and | ||||||
| 13 | transportation assistance tied to training under this | ||||||
| 14 | Section; | ||||||
| 15 | (4) job placement services for individuals during and | ||||||
| 16 | after completion of water sector job skills training | ||||||
| 17 | programs; and | ||||||
| 18 | (5) financial, administrative, and management | ||||||
| 19 | assistance for organizations engaged in these activities. | ||||||
| 20 | (c) It shall be an annual goal of the Program to train and | ||||||
| 21 | place at least 300, or 25% of the number of annual jobs created | ||||||
| 22 | by State financed water infrastructure projects, whichever is | ||||||
| 23 | greater, of the following persons in water sector-related | ||||||
| 24 | apprenticeships annually: residents of environmental justice | ||||||
| 25 | communities; residents of economically and socially | ||||||
| 26 | disadvantaged communities; those returning from the criminal | ||||||
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| 1 | justice system; foster care alumni; and, in particular, women | ||||||
| 2 | and transgender persons. In awarding and administering grants | ||||||
| 3 | under this Program, the Department shall strive to provide | ||||||
| 4 | assistance equitably throughout the State. | ||||||
| 5 | In order to encourage the employment of individuals | ||||||
| 6 | trained through the Program onto projects receiving State | ||||||
| 7 | financial assistance, the Department shall coordinate with the | ||||||
| 8 | Illinois Environmental Protection Agency, the Illinois Finance | ||||||
| 9 | Authority, and other State agencies that provide financial | ||||||
| 10 | support for water infrastructure projects. These agencies | ||||||
| 11 | shall take steps to support attaining the training and | ||||||
| 12 | placement goals set forth in this subsection, using a list of | ||||||
| 13 | projects that receive State financial support. These agencies | ||||||
| 14 | may propose and adopt rules to facilitate the attainment of | ||||||
| 15 | this goal. | ||||||
| 16 | Using funds appropriated for the purposes of this Section, | ||||||
| 17 | the Department may select through a competitive bidding | ||||||
| 18 | process a Program Administrator to oversee the allocation of | ||||||
| 19 | funds and select organizations that receive funding. | ||||||
| 20 | The Department may require recipients of grants under this | ||||||
| 21 | Program to Recipients of grants under the Program shall report | ||||||
| 22 | annually to the Department, at intervals determined by the | ||||||
| 23 | Department, on the success of their efforts and their | ||||||
| 24 | contribution to reaching the goals of the Program provided in | ||||||
| 25 | this subsection. To the extent possible based on reporting | ||||||
| 26 | provided by recipients of grants under this Program, the The | ||||||
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| 1 | Department shall compile this information and periodically | ||||||
| 2 | annually report to the General Assembly on the Program, | ||||||
| 3 | including, but not limited to, the following information: | ||||||
| 4 | (1) progress toward the goals stated in this | ||||||
| 5 | subsection; | ||||||
| 6 | (2) any increase in the percentage of water industry | ||||||
| 7 | jobs in targeted populations; | ||||||
| 8 | (3) any increase in the rate of acceptance, | ||||||
| 9 | completion, or retention of water training programs among | ||||||
| 10 | targeted populations; | ||||||
| 11 | (4) any increase in the rate of employment, including | ||||||
| 12 | hours and annual income, measured against pre-Program | ||||||
| 13 | participant income; and | ||||||
| 14 | (5) any recommendations for future changes to optimize | ||||||
| 15 | the success of the Program. | ||||||
| 16 | (d) Within 180 days after an appropriation is made | ||||||
| 17 | available for the purposes of meeting the requirements of this | ||||||
| 18 | Act, Within 90 days after January 1, 2020 (the effective date | ||||||
| 19 | of Public Act 101-576), the Department shall propose rules for | ||||||
| 20 | adoption a draft plan to implement this Section in accordance | ||||||
| 21 | with the Illinois Administrative Procedure Act, including any | ||||||
| 22 | public comment required by the Joint Committee on | ||||||
| 23 | Administrative Rules. for public comment. The Department shall | ||||||
| 24 | allow a minimum of 60 days for public comment on the plan, | ||||||
| 25 | including one or more public hearings, if requested. The | ||||||
| 26 | Department shall finalize the plan within 180 days of January | ||||||
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| 1 | 1, 2020 (the effective date of Public Act 101-576). | ||||||
| 2 | The Department may propose and adopt any rules necessary | ||||||
| 3 | for the implementation of the Program and to ensure compliance | ||||||
| 4 | with this Section. | ||||||
| 5 | (e) The Water Workforce Development Fund is created as a | ||||||
| 6 | special fund in the State treasury. The Fund shall receive | ||||||
| 7 | moneys appropriated for the purpose of this Section from the | ||||||
| 8 | Build Illinois Bond Fund, the Capital Development Fund, the | ||||||
| 9 | General Revenue Fund and any other funds. Moneys in the Fund | ||||||
| 10 | shall only be used to fund the Program and to assist and enable | ||||||
| 11 | implementation of clean water infrastructure capital | ||||||
| 12 | investments. Notwithstanding any other law to the contrary, | ||||||
| 13 | the Water Workforce Development Fund is not subject to sweeps, | ||||||
| 14 | administrative charge-backs, or any other fiscal or budgetary | ||||||
| 15 | maneuver that would in any way transfer any amounts from the | ||||||
| 16 | Water Workforce Development Fund into any other fund of the | ||||||
| 17 | State. | ||||||
| 18 | (f) For purpose of this Section: | ||||||
| 19 | "Environmental justice community" has the meaning provided | ||||||
| 20 | in subsection (b) of Section 1-50 of the Illinois Power Agency | ||||||
| 21 | Act. | ||||||
| 22 | "Multi-craft labor organization" means a joint | ||||||
| 23 | labor-management apprenticeship program registered with and | ||||||
| 24 | approved by the United States Department of Labor's Office of | ||||||
| 25 | Apprenticeship or a labor organization that has an accredited | ||||||
| 26 | training program through the Higher Learning Commission or the | ||||||
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| 1 | Illinois Community College Board. | ||||||
| 2 | "Organization" means a corporation, company, partnership, | ||||||
| 3 | association, society, order, labor organization, or individual | ||||||
| 4 | or aggregation of individuals. | ||||||
| 5 | (Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.) | ||||||
| 6 | (20 ILCS 605/605-1007) | ||||||
| 7 | Sec. 605-1007. New business permitting portal. | ||||||
| 8 | (a) By July 1, 2017, the Department shall, subject to | ||||||
| 9 | appropriation, create and maintain, in consultation with the | ||||||
| 10 | Department of Innovation and Technology, a website to help | ||||||
| 11 | persons wishing to create new businesses or relocate | ||||||
| 12 | businesses to Illinois. The Department shall consult with at | ||||||
| 13 | least one organization representing small businesses in this | ||||||
| 14 | State while creating the website. | ||||||
| 15 | (b) The website shall include: | ||||||
| 16 | (1) an estimate of license and permitting fees for | ||||||
| 17 | different businesses; | ||||||
| 18 | (2) State government application forms for business | ||||||
| 19 | licensing or registration; | ||||||
| 20 | (3) hyperlinks to websites of the responsible agency | ||||||
| 21 | or organization responsible for accepting the application; | ||||||
| 22 | and | ||||||
| 23 | (4) contact information for any local government | ||||||
| 24 | permitting agencies that may be relevant. | ||||||
| 25 | (c) The Department shall maintain an integrated digital | ||||||
| |||||||
| |||||||
| 1 | platform for business permitting and licensing information in | ||||||
| 2 | collaboration with all State agencies with regulatory | ||||||
| 3 | authority over business activities. Those agencies shall | ||||||
| 4 | provide, maintain, and update their required business forms, | ||||||
| 5 | instructions, and related content in the shared content | ||||||
| 6 | management system or other Department-designated platform on | ||||||
| 7 | an ongoing basis, in accordance with guidance issued by the | ||||||
| 8 | Department. Agencies shall also maintain current and accurate | ||||||
| 9 | business-related content on their primary public websites to | ||||||
| 10 | ensure efficient integration and curation of information into | ||||||
| 11 | the portal. contact all agencies to obtain business forms and | ||||||
| 12 | other information for this website. Those agencies shall | ||||||
| 13 | respond to the Department before July 1, 2016. | ||||||
| 14 | (d) The website shall also include some mechanism for the | ||||||
| 15 | potential business owner to request more information from the | ||||||
| 16 | Department that may be helpful in starting the business, | ||||||
| 17 | including, but not limited to, State-based incentives that the | ||||||
| 18 | business owner may qualify for when starting or relocating a | ||||||
| 19 | business. | ||||||
| 20 | (e) The Department shall ensure that the portal is kept | ||||||
| 21 | current through continuous content management processes. State | ||||||
| 22 | agencies with regulatory authority over business activities | ||||||
| 23 | shall notify the Department or update the shared content | ||||||
| 24 | management system promptly when changes to forms, fees, | ||||||
| 25 | processes, requirements, or other relevant information occur, | ||||||
| 26 | and shall review and confirm the accuracy of its application | ||||||
| |||||||
| |||||||
| 1 | forms and related content at least annually. update the | ||||||
| 2 | website at least once a year before July 1. The Department | ||||||
| 3 | shall request that other State agencies report any changes in | ||||||
| 4 | applicable application forms to the Department by June 1 of | ||||||
| 5 | every year after 2016. | ||||||
| 6 | (Source: P.A. 102-276, eff. 8-6-21.) | ||||||
| 7 | (20 ILCS 605/605-1032) | ||||||
| 8 | Sec. 605-1032. Office of Economic Equity and Empowerment. | ||||||
| 9 | (a) As used in this Section: | ||||||
| 10 | "Eligible not-for-profit corporation" means a | ||||||
| 11 | not-for-profit corporation, as defined in Section 101.80 of | ||||||
| 12 | the General Not For Profit Corporation Act of 1986, that | ||||||
| 13 | primarily serves minorities, women, veterans, or persons with | ||||||
| 14 | a disability. | ||||||
| 15 | "Office" means the Office of Economic Equity and | ||||||
| 16 | Empowerment. | ||||||
| 17 | (b) The Office of Economic Equity and Empowerment is | ||||||
| 18 | hereby created within the Department. The Office shall assist | ||||||
| 19 | minority-owned businesses, women-owned businesses, | ||||||
| 20 | veteran-owned businesses, businesses owned by persons with | ||||||
| 21 | disabilities, eligible not-for-profit corporations, and other | ||||||
| 22 | underserved communities and constituencies through targeted | ||||||
| 23 | programs, resources, and outreach and promotional activities. | ||||||
| 24 | The Office may engage in or conduct the following activities: | ||||||
| 25 | (1) promoting and conducting outreach efforts to | ||||||
| |||||||
| |||||||
| 1 | ensure access to State and federal funding opportunities, | ||||||
| 2 | and assisting minority-owned businesses, women-owned | ||||||
| 3 | businesses, veteran-owned businesses, businesses owned by | ||||||
| 4 | persons with disabilities, eligible not-for-profit | ||||||
| 5 | corporations, and other underserved communities and | ||||||
| 6 | constituencies in applying for and receiving loan funds in | ||||||
| 7 | the State; | ||||||
| 8 | (2) providing and hosting workshops and public forums | ||||||
| 9 | and engaging in outreach efforts for minority-owned | ||||||
| 10 | businesses, women-owned businesses, veteran-owned | ||||||
| 11 | businesses, businesses owned by persons with disabilities, | ||||||
| 12 | and other underserved communities and constituencies to | ||||||
| 13 | encourage participation in programs under the Business | ||||||
| 14 | Enterprise for Minorities, Women, and Persons with | ||||||
| 15 | Disabilities Act, and assisting those businesses in | ||||||
| 16 | becoming designated under that Act and under similar | ||||||
| 17 | certification programs; | ||||||
| 18 | (3) providing and hosting workshops and public forums | ||||||
| 19 | and engaging in outreach efforts that assist and educate | ||||||
| 20 | minority-owned businesses, women-owned businesses, | ||||||
| 21 | veteran-owned businesses, businesses owned by persons with | ||||||
| 22 | disabilities, eligible not-for-profit corporations, and | ||||||
| 23 | other underserved communities and constituencies on the | ||||||
| 24 | process of applying for and becoming certified to apply | ||||||
| 25 | for State grant funds under the Grant Accountability and | ||||||
| 26 | Transparency Act; | ||||||
| |||||||
| |||||||
| 1 | (4) providing and hosting workshops and public forums | ||||||
| 2 | and engaging in outreach efforts that assist and educate | ||||||
| 3 | aspiring and existing minority-owned businesses, | ||||||
| 4 | women-owned businesses, veteran-owned businesses, | ||||||
| 5 | businesses owned by persons with disabilities, eligible | ||||||
| 6 | not-for-profit corporations, and other underserved | ||||||
| 7 | communities and constituencies with understanding concepts | ||||||
| 8 | including, but not limited to, business formation and | ||||||
| 9 | not-for-profit incorporation, business planning, capital | ||||||
| 10 | access, and marketing a business or not-for-profit | ||||||
| 11 | corporation; | ||||||
| 12 | (5) administering programs established by the | ||||||
| 13 | Department or the General Assembly to provide grants to | ||||||
| 14 | minority-owned businesses, woman-owned businesses, | ||||||
| 15 | veteran-owned businesses, businesses owned by persons with | ||||||
| 16 | disabilities, eligible not-for-profit corporations, and | ||||||
| 17 | other underserved communities and constituencies; | ||||||
| 18 | (6) coordinating assistance for minority-owned | ||||||
| 19 | businesses, woman-owned businesses, veteran-owned | ||||||
| 20 | businesses, businesses owned by persons with disabilities, | ||||||
| 21 | eligible not-for-profit corporations, and other | ||||||
| 22 | underserved communities and constituencies with other | ||||||
| 23 | State agencies; | ||||||
| 24 | (7) providing staff, administration, and related | ||||||
| 25 | support required to administer this Section; and | ||||||
| 26 | (8) establishing applications, notifications, | ||||||
| |||||||
| |||||||
| 1 | contracts, and other forms and procedures, and adopting | ||||||
| 2 | rules deemed necessary and appropriate. | ||||||
| 3 | (b-5) Subject to appropriation, the Office may administer | ||||||
| 4 | assistance that is focused on the revitalization and economic | ||||||
| 5 | stabilization of urban areas in the State. This assistance may | ||||||
| 6 | include programming, communication, and cross-coordination of | ||||||
| 7 | existing State programs designed to stimulate the economic | ||||||
| 8 | growth of under-resourced and underserved urban areas of the | ||||||
| 9 | State. Among other duties assigned by the Department, subject | ||||||
| 10 | to appropriation, the Office is authorized to do the | ||||||
| 11 | following: | ||||||
| 12 | (1) To the extent possible, to assist in the | ||||||
| 13 | coordination and communication of the activities of the | ||||||
| 14 | following units and programs of the Department and all | ||||||
| 15 | other present and future units and programs of the | ||||||
| 16 | Department that impact under-resourced or underserved | ||||||
| 17 | urban areas to the extent that they may assist urban areas | ||||||
| 18 | and urban economics: | ||||||
| 19 | (A) the Enterprise Zone Program; | ||||||
| 20 | (B) the Small Business Development Center Program; | ||||||
| 21 | (C) the Low-Income Heating and Energy Assistance | ||||||
| 22 | Program (LIHEAP) and related energy assistance | ||||||
| 23 | programs; | ||||||
| 24 | (D) programs funded through Community Services | ||||||
| 25 | Block Grant funds; | ||||||
| 26 | (E) programs funded through Community Development | ||||||
| |||||||
| |||||||
| 1 | Block Grant funds; | ||||||
| 2 | (F) programs under the federal Workforce | ||||||
| 3 | Innovation and Opportunity Act (WIOA) or related | ||||||
| 4 | workforce programs; | ||||||
| 5 | (G) programming related to the deployment of and | ||||||
| 6 | access to broadband and related technology and skills; | ||||||
| 7 | (H) programs that assist in the development of | ||||||
| 8 | businesses owned by individuals that are socially and | ||||||
| 9 | economically disadvantaged; and | ||||||
| 10 | (I) programs that assist in the development of | ||||||
| 11 | community infrastructure. | ||||||
| 12 | (2) To gather information concerning any State or | ||||||
| 13 | federal program that is designed to revitalize or assist | ||||||
| 14 | under-resourced or underserved urban areas in the State | ||||||
| 15 | and to provide this information to public and private | ||||||
| 16 | entities upon request. | ||||||
| 17 | (3) To use existing programs of the Department to | ||||||
| 18 | collaborate with regional economic development | ||||||
| 19 | professionals hired by the Department to promote and | ||||||
| 20 | assist in developing urban industrial parks and related | ||||||
| 21 | economic development. | ||||||
| 22 | (4) To promote economic parity throughout the State | ||||||
| 23 | and the autonomy of residents of the State by promoting | ||||||
| 24 | and assisting the development of the following as it | ||||||
| 25 | relates to services to and for under-resourced or | ||||||
| 26 | underserved urban areas of the State: | ||||||
| |||||||
| |||||||
| 1 | (A) small business development centers; | ||||||
| 2 | (B) youth employment; | ||||||
| 3 | (C) small business incubators; | ||||||
| 4 | (D) family resource centers; | ||||||
| 5 | (E) urban development banks; | ||||||
| 6 | (F) self-managed urban businesses; and | ||||||
| 7 | (G) plans for urban infrastructure projects. | ||||||
| 8 | (5) To, at its discretion and to the extent | ||||||
| 9 | practicable, seek guidance from urban public officials, | ||||||
| 10 | municipalities, metropolitan planning organizations, | ||||||
| 11 | nonprofits, and other entities to develop recommendations | ||||||
| 12 | to the Department on economic policies for urban areas and | ||||||
| 13 | planning models that will result in the revitalization of | ||||||
| 14 | the economy of under-resourced or underserved urban areas, | ||||||
| 15 | especially those urban areas where economically and | ||||||
| 16 | socially disadvantaged people live. These recommendations | ||||||
| 17 | may include, but are not limited to, recommendations in | ||||||
| 18 | the areas of: | ||||||
| 19 | (A) housing; | ||||||
| 20 | (B) scientific research; | ||||||
| 21 | (C) urban youth unemployment; | ||||||
| 22 | (D) business incubators and family resource | ||||||
| 23 | centers in urban areas; and | ||||||
| 24 | (E) alternative energy resource development in | ||||||
| 25 | urban areas as part of the Department's 5-year plan | ||||||
| 26 | for economic development. | ||||||
| |||||||
| |||||||
| 1 | (6) To encourage new enterprises to locate in urban | ||||||
| 2 | areas through educational promotions that emphasize the | ||||||
| 3 | opportunities in areas identified in the Department's | ||||||
| 4 | 5-year economic development plan and by connecting those | ||||||
| 5 | enterprises to employees of the Department that specialize | ||||||
| 6 | in the solicitation of businesses in urban areas, and to | ||||||
| 7 | do other acts that, in the judgment of the Department, are | ||||||
| 8 | necessary and proper to foster and promote the economic | ||||||
| 9 | development and welfare of any urban area. Except as | ||||||
| 10 | otherwise specifically provided by law, the Department | ||||||
| 11 | shall have no power to require reports from or to regulate | ||||||
| 12 | any business. | ||||||
| 13 | (7) To accept grants, loans, or appropriations from | ||||||
| 14 | the federal government or the State, or any agency or | ||||||
| 15 | instrumentality thereof, to be used for any expenses | ||||||
| 16 | necessary to serve under-resourced or underserved urban | ||||||
| 17 | areas of the State, including, but not limited to, | ||||||
| 18 | scientific research, urban youth employment projects, | ||||||
| 19 | business incubators, urban infrastructure development, | ||||||
| 20 | alternative energy resource development, food deserts and | ||||||
| 21 | community food plots, community facilities needed in urban | ||||||
| 22 | areas, and any other purpose related to the revitalization | ||||||
| 23 | of and support for urban areas. | ||||||
| 24 | (c) The Office may use vendors or enter into contracts to | ||||||
| 25 | carry out the purposes of this Section. | ||||||
| 26 | (Source: P.A. 103-889, eff. 1-1-25.) | ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 605/605-400 rep.) | ||||||
| 2 | Section 7. The Department of Commerce and Economic | ||||||
| 3 | Opportunity Law of the Civil Administrative Code of Illinois | ||||||
| 4 | is amended by repealing Section 605-400. | ||||||
| 5 | Section 10. The Illinois Enterprise Zone Act is amended by | ||||||
| 6 | changing Section 12-9 as follows: | ||||||
| 7 | (20 ILCS 655/12-9) (from Ch. 67 1/2, par. 626) | ||||||
| 8 | Sec. 12-9. Report. On January 31 January 1 of each year, | ||||||
| 9 | the Department shall report on its operation of the Fund for | ||||||
| 10 | the preceding fiscal year to the Governor and the General | ||||||
| 11 | Assembly. For any fiscal year in which no operations are | ||||||
| 12 | conducted by the Department because no funds were appropriated | ||||||
| 13 | to the Fund, the report outlined by this Section is not | ||||||
| 14 | required. | ||||||
| 15 | (Source: P.A. 102-108, eff. 1-1-22.) | ||||||
| 16 | Section 13. The Illinois Promotion Act is amended by | ||||||
| 17 | changing Section 4b as follows: | ||||||
| 18 | (20 ILCS 665/4b) | ||||||
| 19 | Sec. 4b. Coordinating Committee. There is created a | ||||||
| 20 | Coordinating Committee of State agencies involved with tourism | ||||||
| 21 | in the State of Illinois. The Committee shall consist of the | ||||||
| |||||||
| |||||||
| 1 | Director of Commerce and Economic Opportunity or the | ||||||
| 2 | Director's designee, as chairman, the Lieutenant Governor or | ||||||
| 3 | the Lieutenant Governor's designee, the Secretary of | ||||||
| 4 | Transportation or his or her designee, and the head executive | ||||||
| 5 | officer or his or her designee of the following: the Lincoln | ||||||
| 6 | Presidential Library; the Department of Natural Resources; the | ||||||
| 7 | Department of Agriculture; the Illinois Arts Council; the | ||||||
| 8 | Illinois Community College Board; and the Board of Higher | ||||||
| 9 | Education. The Committee shall also include 4 members of the | ||||||
| 10 | Illinois General Assembly, one of whom shall be named by the | ||||||
| 11 | Speaker of the House of Representatives, one of whom shall be | ||||||
| 12 | named by the Minority Leader of the House of Representatives, | ||||||
| 13 | one of whom who shall be named by the President of the Senate, | ||||||
| 14 | and one of whom shall be named by the Minority Leader of the | ||||||
| 15 | Senate. The Committee shall meet at least quarterly and at | ||||||
| 16 | other times as called by the chair. The Committee shall | ||||||
| 17 | coordinate the promotion and development of tourism activities | ||||||
| 18 | throughout State government. | ||||||
| 19 | (Source: P.A. 102-278, eff. 8-6-21.) | ||||||
| 20 | (20 ILCS 5075/Act rep.) | ||||||
| 21 | Section 20. The Opportunities for At-Risk Women Act is | ||||||
| 22 | repealed. | ||||||
| 23 | Section 23. The Illinois Council on Women and Girls Act is | ||||||
| 24 | amended by changing Section 15 as follows: | ||||||
| |||||||
| |||||||
| 1 | (20 ILCS 5130/15) | ||||||
| 2 | Sec. 15. The Illinois Council on Women and Girls. | ||||||
| 3 | (a) There is hereby created the Illinois Council on Women | ||||||
| 4 | and Girls. | ||||||
| 5 | (b) The Council shall advise the Governor and the General | ||||||
| 6 | Assembly on policy issues impacting women and girls in this | ||||||
| 7 | State, including, but not limited to, the following goals: | ||||||
| 8 | (1) to advance the role and civic participation of | ||||||
| 9 | women and girls in this State; | ||||||
| 10 | (2) to put in place programs and advocate policies | ||||||
| 11 | that work to end the gender pay gap and discrimination in | ||||||
| 12 | professional and academic opportunities; | ||||||
| 13 | (3) to promote resources and opportunities for | ||||||
| 14 | academic and professional growth; | ||||||
| 15 | (4) to allow women and young girls to have legal | ||||||
| 16 | protections and recourse in cases of sexual harassment in | ||||||
| 17 | the workplace; | ||||||
| 18 | (5) to prevent and protect women from domestic | ||||||
| 19 | violence; | ||||||
| 20 | (6) to provide proper standards of healthcare, and to | ||||||
| 21 | study the disparate impacts on women as it pertains to | ||||||
| 22 | diverse demographics; | ||||||
| 23 | (7) to promote increased access to reproductive health | ||||||
| 24 | care; | ||||||
| 25 | (8) to protect women who are transgender from violence | ||||||
| |||||||
| |||||||
| 1 | and harassment, and increase their fair and equal access | ||||||
| 2 | to culturally competent health care, housing, employment, | ||||||
| 3 | and other opportunities; | ||||||
| 4 | (9) to disseminate information and build relationships | ||||||
| 5 | between State agencies and commissions in furtherance of | ||||||
| 6 | the Council's goals under this Act; and | ||||||
| 7 | (10) to give significant attention to the inclusion of | ||||||
| 8 | women of color in decision-making capacities and | ||||||
| 9 | identifying barriers toward parity, and for leadership | ||||||
| 10 | inclusion that works to realize America's founding | ||||||
| 11 | principles of equity and opportunity for all. | ||||||
| 12 | (c) The Council is hereby authorized to create | ||||||
| 13 | subcommittees. The Council may create a Subcommittee on | ||||||
| 14 | Opportunities for Women At Risk of Being Justice Impacted. The | ||||||
| 15 | Subcommittee on Opportunities for Women At Risk of Being | ||||||
| 16 | Justice Impacted may analyze, without limitation, the | ||||||
| 17 | following: | ||||||
| 18 | (1) existing State of Illinois boards, commissions, | ||||||
| 19 | councils, and task forces, as well as State of Illinois | ||||||
| 20 | initiatives and programs, that support women at risk of | ||||||
| 21 | being justice impacted; | ||||||
| 22 | (2) additional statewide councils managed by the | ||||||
| 23 | Department of Corrections; | ||||||
| 24 | (3) all State agencies and offices that help women at | ||||||
| 25 | risk of being justice impacted; | ||||||
| 26 | (4) federal, State, and local government offices that | ||||||
| |||||||
| |||||||
| 1 | help women at risk of being justice impacted through their | ||||||
| 2 | task forces or programs or that manage corrections and | ||||||
| 3 | jail facilities; | ||||||
| 4 | (5) organizations, including nonprofits, civic groups, | ||||||
| 5 | and faith-based organizations, that support women at risk | ||||||
| 6 | of being justice impacted; | ||||||
| 7 | (6) colleges and universities that support, through | ||||||
| 8 | academic research, initiatives, and programs, women at | ||||||
| 9 | risk of being justice impacted; and | ||||||
| 10 | (7) additional cross-sector organizational resources. | ||||||
| 11 | (d) As used in this Section, "women at risk of being | ||||||
| 12 | justice impacted" means women who are at increased risk of | ||||||
| 13 | incarceration because of historic injustices that have | ||||||
| 14 | perpetuated the lack of access to economic opportunities, such | ||||||
| 15 | as poverty, abuse, addiction, financial challenges, | ||||||
| 16 | illiteracy, or other causes. The term "women at risk of being | ||||||
| 17 | justice impacted" includes, but shall not be limited to, women | ||||||
| 18 | who have previously been incarcerated. | ||||||
| 19 | (Source: P.A. 100-913, eff. 8-17-18.) | ||||||
| 20 | Section 25. The Urban Weatherization Initiative Act is | ||||||
| 21 | amended by changing Section 40-40 as follows: | ||||||
| 22 | (30 ILCS 738/40-40) | ||||||
| 23 | Sec. 40-40. Weatherization Initiative Board. | ||||||
| 24 | (a) Subject to appropriation, the The Weatherization | ||||||
| |||||||
| |||||||
| 1 | Initiative Board is created within the Department. The Board | ||||||
| 2 | must approve or deny all grants from the Fund. | ||||||
| 3 | (a-5) Notwithstanding any other provision of this Article, | ||||||
| 4 | the Board has the authority to direct the Department to | ||||||
| 5 | authorize the awarding of grants to applicants serving areas | ||||||
| 6 | or populations not included in the target areas and | ||||||
| 7 | populations set forth in Section 40-25 if the Board determines | ||||||
| 8 | that there are special circumstances involving the areas or | ||||||
| 9 | populations served by the applicant. | ||||||
| 10 | (b) The Board shall consist of 5 voting members appointed | ||||||
| 11 | by the Governor with the advice and consent of the Senate. The | ||||||
| 12 | initial members shall have terms as follows as designated by | ||||||
| 13 | the Governor: one for one year, one for 2 years, one for 3 | ||||||
| 14 | years, one for 4 years, and one for 5 years, or until a | ||||||
| 15 | successor is appointed and qualified. Thereafter, members | ||||||
| 16 | shall serve 5-year terms or until a successor is appointed and | ||||||
| 17 | qualified. The voting members shall elect a voting member to | ||||||
| 18 | serve as chair for a one-year term. Vacancies shall be filled | ||||||
| 19 | in the same manner for the balance of a term. | ||||||
| 20 | (c) The Board shall also have 4 non-voting ex officio | ||||||
| 21 | members appointed as follows: one Representative appointed by | ||||||
| 22 | the Speaker of the House, one Representative appointed by the | ||||||
| 23 | House Minority Leader, one Senator appointed by the President | ||||||
| 24 | of the Senate, and one Senator appointed by the Senate | ||||||
| 25 | Minority Leader, each to serve at the pleasure of the | ||||||
| 26 | appointing authority. | ||||||
| |||||||
| |||||||
| 1 | (d) Members shall receive no compensation, but may be | ||||||
| 2 | reimbursed for necessary expenses from appropriations to the | ||||||
| 3 | Department available for that purpose. | ||||||
| 4 | (e) The Board may adopt rules under the Illinois | ||||||
| 5 | Administrative Procedure Act. | ||||||
| 6 | (f) A quorum of the Board is at least 3 voting members, and | ||||||
| 7 | the affirmative vote of at least 3 voting members is required | ||||||
| 8 | for Board decisions and adoption of rules. | ||||||
| 9 | (g) The Department shall provide staff and administrative | ||||||
| 10 | assistance to the Board. | ||||||
| 11 | (h) By January 31 December 31 of each year, the Board shall | ||||||
| 12 | file an annual report with the Governor and the General | ||||||
| 13 | Assembly concerning the Initiative, grants awarded, and | ||||||
| 14 | grantees and making recommendations for any changes needed to | ||||||
| 15 | enhance the effectiveness of the Initiative. | ||||||
| 16 | (Source: P.A. 96-37, eff. 7-13-09.) | ||||||
| 17 | Section 30. The Build Illinois Act is amended by changing | ||||||
| 18 | Sections 9-9 and 10-9 as follows: | ||||||
| 19 | (30 ILCS 750/9-9) (from Ch. 127, par. 2709-9) | ||||||
| 20 | Sec. 9-9. Annual Report. On January 31 January 1 of each | ||||||
| 21 | year, the Department shall report on its operations of the | ||||||
| 22 | Illinois Capital Revolving Loan Fund and the Illinois Equity | ||||||
| 23 | Fund for the preceding fiscal year to the Governor and the | ||||||
| 24 | General Assembly. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 84-109.) | ||||||
| 2 | (30 ILCS 750/10-9) (from Ch. 127, par. 2710-9) | ||||||
| 3 | Sec. 10-9. Report. On January 31 January 1 of each year, | ||||||
| 4 | the Department shall report on its operation of the Fund for | ||||||
| 5 | the preceding fiscal year to the Governor and the General | ||||||
| 6 | Assembly. | ||||||
| 7 | (Source: P.A. 84-109.) | ||||||
| 8 | Section 35. The Illinois Income Tax Act is amended by | ||||||
| 9 | changing Section 242 as follows: | ||||||
| 10 | (35 ILCS 5/242) | ||||||
| 11 | Sec. 242. Music and Musicians Tax Credits and Jobs Act. | ||||||
| 12 | Taxpayers who have been awarded a credit under the Music and | ||||||
| 13 | Musicians Tax Credits and Jobs Act are entitled to a credit | ||||||
| 14 | against the taxes imposed by subsections (a) and (b) of | ||||||
| 15 | Section 201 of this Act in an amount determined by the | ||||||
| 16 | Department of Commerce and Economic Opportunity under that | ||||||
| 17 | Act. The credit shall be claimed for in the taxable year in | ||||||
| 18 | which the tax credit award certificate is issued, and the | ||||||
| 19 | certificate shall be attached to the return. If the taxpayer | ||||||
| 20 | is a partnership or Subchapter S corporation, the credit shall | ||||||
| 21 | be allowed to the partners or shareholders in accordance with | ||||||
| 22 | the provisions of Section 251. | ||||||
| 23 | The credit may not reduce the taxpayer's liability to less | ||||||
| |||||||
| |||||||
| 1 | than zero. If the amount of the credit exceeds the tax | ||||||
| 2 | liability for the year, the excess may be carried forward and | ||||||
| 3 | applied to the tax liability of the 5 taxable years following | ||||||
| 4 | the excess credit year. The credit shall be applied to the | ||||||
| 5 | earliest year for which there is a tax liability. If there are | ||||||
| 6 | credits from more than one tax year that are available to | ||||||
| 7 | offset a liability, the earlier credit shall be applied first. | ||||||
| 8 | (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24; | ||||||
| 9 | 104-417, eff. 8-15-25.) | ||||||
| 10 | Section 37. The Music and Musicians Tax Credit and Jobs | ||||||
| 11 | Act is amended by changing Sections 50-10, 50-15, 50-35, | ||||||
| 12 | 50-40, and 50-45 as follows: | ||||||
| 13 | (35 ILCS 19/50-10) | ||||||
| 14 | Sec. 50-10. Definitions. As used in this Act: | ||||||
| 15 | "Department" means the Department of Commerce and Economic | ||||||
| 16 | Opportunity. | ||||||
| 17 | "Expenditure in the State" means (i) an expenditure to | ||||||
| 18 | acquire, from a source within the State, property that is | ||||||
| 19 | subject to tax under the Use Tax Act, the Service Use Tax Act, | ||||||
| 20 | the Service Occupation Tax Act, or the Retailers' Occupation | ||||||
| 21 | Tax Act or (ii) an expenditure for compensation for services | ||||||
| 22 | performed within the State that is subject to State income tax | ||||||
| 23 | under the Illinois Income Tax Act. | ||||||
| 24 | "Illinois labor expenditure" means gross salary or wages, | ||||||
| |||||||
| |||||||
| 1 | including, but not limited to, taxes, benefits, and any other | ||||||
| 2 | consideration incurred or paid to artist employees of the | ||||||
| 3 | applicant for services rendered to and on behalf of the | ||||||
| 4 | qualified music company, provided that the expenditure is: | ||||||
| 5 | (1) incurred or paid by the applicant on or after the | ||||||
| 6 | effective date of this Act for services related to any | ||||||
| 7 | portion of a qualified music company from rehearsals, | ||||||
| 8 | performances, and any other qualified music company | ||||||
| 9 | related activities; | ||||||
| 10 | (2) limited to the first $100,000 of wages incurred or | ||||||
| 11 | paid to each employee of a qualified music production in | ||||||
| 12 | each calendar tax year; | ||||||
| 13 | (3) paid in the calendar year of the State-certified | ||||||
| 14 | production tax year for which the applicant is seeking | ||||||
| 15 | claiming the tax credit award; | ||||||
| 16 | (4) paid to persons residing in Illinois at the time | ||||||
| 17 | payments were made; and | ||||||
| 18 | (5) reasonable under the circumstances. | ||||||
| 19 | "Qualified music company" means an entity that (i) is | ||||||
| 20 | authorized to do business in Illinois, (ii) is engaged | ||||||
| 21 | directly or indirectly in the production, distribution, or | ||||||
| 22 | promotion of music, (iii) is certified by the Department as | ||||||
| 23 | meeting the eligibility requirements of this Act, and (iv) has | ||||||
| 24 | executed a contract with the Department providing the terms | ||||||
| 25 | and conditions for its participation. | ||||||
| 26 | "Qualified music company payroll" or "QMC payroll" means | ||||||
| |||||||
| |||||||
| 1 | wages reported by the qualified music company in box 1 of each | ||||||
| 2 | W-2 form prepared for an employee of the qualified music | ||||||
| 3 | company who is an Illinois resident. | ||||||
| 4 | "Resident copyright" means the copyright of a musical | ||||||
| 5 | composition written by an Illinois resident or owned by an | ||||||
| 6 | Illinois-domiciled music company, as evidenced by documents of | ||||||
| 7 | ownership, including, but not limited to, registration with | ||||||
| 8 | the United States Copyright Office. | ||||||
| 9 | "Sound recording" means a recording of music, poetry, or a | ||||||
| 10 | spoken-word performance made, in whole or in part, in | ||||||
| 11 | Illinois. "Sound recording" does not include the audio | ||||||
| 12 | portions of dialogue or words spoken and recorded as part of | ||||||
| 13 | television news coverage or athletic events. | ||||||
| 14 | "Sound recording production company" means a company | ||||||
| 15 | engaged in the business of producing sound recordings. "Sound | ||||||
| 16 | recording production company" does not include any person or | ||||||
| 17 | company, or any company owned, affiliated, or controlled, in | ||||||
| 18 | whole or in part, by any company or person, that is in default | ||||||
| 19 | on a loan made by the State or a loan guaranteed by the State, | ||||||
| 20 | nor which has ever declared bankruptcy under which an | ||||||
| 21 | obligation of the company or person to pay or repay public | ||||||
| 22 | funds or moneys was discharged as a part of the bankruptcy. | ||||||
| 23 | "State-certified production" means a sound recording | ||||||
| 24 | production, or a series of productions, including, but not | ||||||
| 25 | limited to, master and demonstration recordings, occurring | ||||||
| 26 | over the course of a 12-month period, and the base | ||||||
| |||||||
| |||||||
| 1 | production-related investment that is approved by the | ||||||
| 2 | Department after receipt by the Department of a complete | ||||||
| 3 | application for initial certification of a production. | ||||||
| 4 | "Tax credit award" means the issuance to a taxpayer by the | ||||||
| 5 | Department of a tax credit award against the taxes imposed by | ||||||
| 6 | subsections (a) and (b) of Section 201 of the Illinois Income | ||||||
| 7 | Tax Act as provided in this Act. | ||||||
| 8 | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.) | ||||||
| 9 | (35 ILCS 19/50-15) | ||||||
| 10 | Sec. 50-15. Powers of the Department. The Department, in | ||||||
| 11 | addition to those powers granted under the Civil | ||||||
| 12 | Administrative Code of Illinois, is granted and has all the | ||||||
| 13 | powers necessary or convenient to carry out and effectuate the | ||||||
| 14 | purposes and provisions of this Act, including, but not | ||||||
| 15 | limited to, the power and authority to: | ||||||
| 16 | (1) adopt rules that are necessary and appropriate for | ||||||
| 17 | the administration of this Act; | ||||||
| 18 | (2) establish forms for applications, notifications, | ||||||
| 19 | contracts, or any other agreements with respect to tax | ||||||
| 20 | credits under this Act and to accept applications for tax | ||||||
| 21 | credits under this Act at any time during the year; | ||||||
| 22 | (3) assist applicants for tax credits under this Act | ||||||
| 23 | to promote, foster, and support sound recording and live | ||||||
| 24 | theater development and production and its related job | ||||||
| 25 | creation or retention within the State; | ||||||
| |||||||
| |||||||
| 1 | (4) gather information and conduct inquiries, as | ||||||
| 2 | provided in this Act, required for the Department to | ||||||
| 3 | comply with the provisions of this Act and, without | ||||||
| 4 | limitation, to obtain information with respect to | ||||||
| 5 | applicants for the purpose of making any designations or | ||||||
| 6 | certifications necessary or desirable to assist the | ||||||
| 7 | Department with any recommendation or guidance in the | ||||||
| 8 | furtherance of the purposes of this Act and relating to | ||||||
| 9 | applicants' participation in training, education, and | ||||||
| 10 | recruitment programs that are organized in cooperation | ||||||
| 11 | with Illinois colleges and universities or labor | ||||||
| 12 | organizations designed to promote and encourage the | ||||||
| 13 | training and hiring of Illinois residents who represent | ||||||
| 14 | the diversity of the Illinois population; | ||||||
| 15 | (5) provide for sufficient personnel to permit | ||||||
| 16 | administrative, staffing, operating, and related support | ||||||
| 17 | required to adequately discharge the Department's duties | ||||||
| 18 | and responsibilities under this Act from funds as may be | ||||||
| 19 | appropriated by the General Assembly for the | ||||||
| 20 | administration of this Act; and | ||||||
| 21 | (6) require that the applicant at all times keep | ||||||
| 22 | proper books and records of accounts relating to the tax | ||||||
| 23 | credit award, in accordance with generally accepted | ||||||
| 24 | accounting principles consistently applied, and make those | ||||||
| 25 | books and records available for reasonable Department | ||||||
| 26 | inspection and audit, upon reasonable written request by | ||||||
| |||||||
| |||||||
| 1 | the Department, during the applicant's normal business | ||||||
| 2 | hours. Any documents or data made available to the | ||||||
| 3 | Department or received by the Department from the | ||||||
| 4 | applicant by any agent, employee, officer, or service | ||||||
| 5 | provider shall be deemed confidential and shall not | ||||||
| 6 | constitute public records to the extent that the documents | ||||||
| 7 | or data consist of commercial or financial information | ||||||
| 8 | regarding the operation by the applicant of any qualified | ||||||
| 9 | music company theater or any accredited music theater | ||||||
| 10 | production or any recipient of any tax credit award under | ||||||
| 11 | this Act. | ||||||
| 12 | (Source: P.A. 103-592, eff. 6-7-24.) | ||||||
| 13 | (35 ILCS 19/50-35) | ||||||
| 14 | Sec. 50-35. Issuance of tax credit award certificate. | ||||||
| 15 | (a) In order to qualify for a tax credit award under this | ||||||
| 16 | Act, an applicant must file an application for each qualified | ||||||
| 17 | music company at each of the applicant's qualified facilities, | ||||||
| 18 | on forms prescribed by the Department, providing information | ||||||
| 19 | necessary to calculate the tax credit award and any additional | ||||||
| 20 | information as reasonably required by the Department. | ||||||
| 21 | (b) Upon satisfactory review of the application, the | ||||||
| 22 | Department shall issue a tax credit award certificate stating | ||||||
| 23 | the amount of the tax credit award to which the applicant is | ||||||
| 24 | entitled for that calendar tax year and shall | ||||||
| 25 | contemporaneously notify the applicant and the Department of | ||||||
| |||||||
| |||||||
| 1 | Revenue. | ||||||
| 2 | (c) For calendar tax years beginning on or after January | ||||||
| 3 | 1, 2026, January 1, 2025, a taxpayer who has been awarded a tax | ||||||
| 4 | credit under paragraph (b) of this Section is entitled to a | ||||||
| 5 | credit against the taxes imposed under subsections (a) and (b) | ||||||
| 6 | of Section 201 of the Illinois Income Tax Act. | ||||||
| 7 | (Source: P.A. 103-592, eff. 6-7-24.) | ||||||
| 8 | (35 ILCS 19/50-40) | ||||||
| 9 | Sec. 50-40. Amount and payment of the tax credit award. | ||||||
| 10 | (a) For calendar taxable years beginning on or after | ||||||
| 11 | January 1, 2026, January 1, 2025, the Department shall | ||||||
| 12 | determine the amount of the tax award under this Act. The award | ||||||
| 13 | may not exceed 10% of the Illinois labor expenditures for the | ||||||
| 14 | State-certified production if the QMC payroll of the qualified | ||||||
| 15 | music company for the calendar taxable year does not exceed | ||||||
| 16 | $150,000 or 15% of the Illinois labor expenditures for the | ||||||
| 17 | State-certified production if the QMC payroll of the qualified | ||||||
| 18 | music company for the calendar taxable year exceeds $150,000, | ||||||
| 19 | plus all of the following: | ||||||
| 20 | (1) an additional 15% of the Illinois labor | ||||||
| 21 | expenditures for the State-certified production generated | ||||||
| 22 | by the employment of Illinois residents in geographic | ||||||
| 23 | areas of high poverty or high unemployment in each | ||||||
| 24 | calendar tax year, as determined by the Department; and | ||||||
| 25 | (2) an additional 7% of the Illinois labor | ||||||
| |||||||
| |||||||
| 1 | expenditures for the State-certified production generated | ||||||
| 2 | by the employment of individuals who are employed at a | ||||||
| 3 | wage of no less than the general prevailing hourly rate as | ||||||
| 4 | paid for work of a similar character in the locality in | ||||||
| 5 | which the work is performed; and | ||||||
| 6 | (3) an additional 7% of the Illinois labor | ||||||
| 7 | expenditures for the State-certified production incurred | ||||||
| 8 | by a qualified music company and spent on post-production | ||||||
| 9 | sound recording for television or film work completed in | ||||||
| 10 | Illinois. | ||||||
| 11 | (b) To the extent that the base investment by a qualified | ||||||
| 12 | music company is expended on a sound recording production of a | ||||||
| 13 | resident copyright, the investor shall be allowed an | ||||||
| 14 | additional 10% increase in the base investment rate. | ||||||
| 15 | (c) The aggregate amount of credits certified for all | ||||||
| 16 | investors pursuant to this Section during any calendar year | ||||||
| 17 | shall not exceed $2,000,000. No more than $200,000 in tax | ||||||
| 18 | credits may be granted per calendar year for any single | ||||||
| 19 | qualified music company. | ||||||
| 20 | (d) A business is eligible for participation in the | ||||||
| 21 | program if the business meets all of the following criteria: | ||||||
| 22 | (1) The business is engaged directly or indirectly in | ||||||
| 23 | the production, distribution, and promotion of music. | ||||||
| 24 | (2) The business is approved by the Director of | ||||||
| 25 | Commerce and Economic Opportunity. | ||||||
| 26 | (e) Upon approval of a tax credit award under this Act, the | ||||||
| |||||||
| |||||||
| 1 | Department shall issue a tax credit certificate to the | ||||||
| 2 | applicant. | ||||||
| 3 | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.) | ||||||
| 4 | (35 ILCS 19/50-45) | ||||||
| 5 | Sec. 50-45. Qualified music program evaluation and | ||||||
| 6 | reports. | ||||||
| 7 | (a) (Blank). | ||||||
| 8 | The Department may make a recommendation to extend, | ||||||
| 9 | modify, or not extend the program based on the evaluation. | ||||||
| 10 | (b) (Blank). | ||||||
| 11 | (c) On or before June 1 of each At the end of each fiscal | ||||||
| 12 | year, the Department shall submit to the General Assembly a | ||||||
| 13 | report for the prior calendar year that includes, without | ||||||
| 14 | limitation: | ||||||
| 15 | (1) the identification of each vendor that provided | ||||||
| 16 | goods or services that were included in a qualified music | ||||||
| 17 | company's Illinois spending; | ||||||
| 18 | (2) a statement of the amount paid to each identified | ||||||
| 19 | vendor by the qualified music program and whether the | ||||||
| 20 | vendor is a minority-owned or women-owned business as | ||||||
| 21 | defined in Section 2 of the Business Enterprise for | ||||||
| 22 | Minorities, Women, and Persons with Disabilities Act; and | ||||||
| 23 | (3) a description of the steps taken by the Department | ||||||
| 24 | to encourage qualified music companies to use vendors who | ||||||
| 25 | are minority-owned or women-owned businesses. | ||||||
| |||||||
| |||||||
| 1 | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24; | ||||||
| 2 | 104-283, eff. 8-15-25.) | ||||||
| 3 | Section 40. The Southeastern Illinois Economic Development | ||||||
| 4 | Authority Act is amended by changing Section 20 as follows: | ||||||
| 5 | (70 ILCS 518/20) | ||||||
| 6 | Sec. 20. Creation. | ||||||
| 7 | (a) There is created a political subdivision, body | ||||||
| 8 | politic, and municipal corporation named the Southeastern | ||||||
| 9 | Illinois Economic Development Authority. The territorial | ||||||
| 10 | jurisdiction of the Authority is that geographic area within | ||||||
| 11 | the boundaries of the following counties: Fayette, Cumberland, | ||||||
| 12 | Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland, | ||||||
| 13 | Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and | ||||||
| 14 | White; Irvington Township in Washington County; and any | ||||||
| 15 | navigable waters and air space located therein. | ||||||
| 16 | (b) The governing and administrative powers of the | ||||||
| 17 | Authority shall be vested in a body consisting of 26 public 27 | ||||||
| 18 | members and one ex officio member, as follows: | ||||||
| 19 | (1) Public members. Nine members shall be appointed by | ||||||
| 20 | the Governor with the advice and consent of the Senate. | ||||||
| 21 | The county board chairmen of the following counties shall | ||||||
| 22 | each appoint one member: Clark, Clay, Crawford, | ||||||
| 23 | Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper, | ||||||
| 24 | Jefferson, Lawrence, Marion, Richland, Wabash, Washington, | ||||||
| |||||||
| |||||||
| 1 | Wayne, and White. | ||||||
| 2 | (2) Ex officio member. The Director of Commerce and | ||||||
| 3 | Economic Opportunity or the Director's designee shall | ||||||
| 4 | serve as an ex officio member. One member shall be | ||||||
| 5 | appointed by the Director of Commerce and Economic | ||||||
| 6 | Opportunity. | ||||||
| 7 | All public members shall reside within the territorial | ||||||
| 8 | jurisdiction of the Authority. The public members shall be | ||||||
| 9 | persons of recognized ability and experience in one or more of | ||||||
| 10 | the following areas: economic development, finance, banking, | ||||||
| 11 | industrial development, state or local government, commercial | ||||||
| 12 | agriculture, small business management, real estate | ||||||
| 13 | development, community development, venture finance, organized | ||||||
| 14 | labor, or civic or community organization. | ||||||
| 15 | (c) Fourteen members shall constitute a quorum, and the | ||||||
| 16 | Board may not meet or take any action without a quorum present. | ||||||
| 17 | (d) The chairman of the Authority shall be elected | ||||||
| 18 | annually by the Board. | ||||||
| 19 | (e) The terms of the initial members of the Authority | ||||||
| 20 | shall begin 30 days after the effective date of this Act. Of | ||||||
| 21 | the 10 original members appointed by the Governor and the | ||||||
| 22 | Director of Commerce and Economic Opportunity pursuant to | ||||||
| 23 | subsection (b), one shall serve until the third Monday in | ||||||
| 24 | January, 2005; one shall serve until the third Monday in | ||||||
| 25 | January, 2006; 2 shall serve until the third Monday in | ||||||
| 26 | January, 2007; 2 shall serve until the third Monday in | ||||||
| |||||||
| |||||||
| 1 | January, 2008; 2 shall serve until the third Monday in | ||||||
| 2 | January, 2009; and 2 shall serve until the third Monday in | ||||||
| 3 | January, 2010. The terms of the initial public members of the | ||||||
| 4 | Authority appointed by the county board chairmen shall begin | ||||||
| 5 | 30 days after the effective date of this amendatory Act of the | ||||||
| 6 | 97th General Assembly. The terms of the initial public members | ||||||
| 7 | appointed by the county board chairmen shall be determined by | ||||||
| 8 | lot, according to the following schedule: (i) 4 shall serve | ||||||
| 9 | until the third Monday in January, 2013, (ii) 4 shall serve | ||||||
| 10 | until the third Monday in January, 2014, (iii) 3 shall serve | ||||||
| 11 | until the third Monday in January, 2015, (iv) 3 shall serve | ||||||
| 12 | until the third Monday in January, 2016, and (v) 3 shall serve | ||||||
| 13 | until the third Monday in January, 2017. All successors to | ||||||
| 14 | these initial members shall be appointed by the original | ||||||
| 15 | appointing authority pursuant to subsection (b), and shall | ||||||
| 16 | hold office for a term of 3 years commencing the third Monday | ||||||
| 17 | in January of the year in which their term commences, except in | ||||||
| 18 | the case of an appointment to fill a vacancy. Vacancies | ||||||
| 19 | occurring among the members shall be filled for the remainder | ||||||
| 20 | of the term. In case of a vacancy in a Governor-appointed | ||||||
| 21 | membership when the Senate is not in session, the Governor may | ||||||
| 22 | make a temporary appointment until the next meeting of the | ||||||
| 23 | Senate when a person shall be nominated to fill the office and, | ||||||
| 24 | upon confirmation by the Senate, he or she shall hold office | ||||||
| 25 | during the remainder of the term and until a successor is | ||||||
| 26 | appointed and qualified. Members of the Authority are not | ||||||
| |||||||
| |||||||
| 1 | entitled to compensation for their services as members but are | ||||||
| 2 | entitled to reimbursement for all necessary expenses incurred | ||||||
| 3 | in connection with the performance of their duties as members. | ||||||
| 4 | Members of the Board may participate in Board meetings by | ||||||
| 5 | teleconference or video conference. | ||||||
| 6 | (f) The Governor may remove any public member of the | ||||||
| 7 | Authority appointed by the Governor, and the Director of | ||||||
| 8 | Commerce and Economic Opportunity may remove any member | ||||||
| 9 | appointed by the Director, in case of incompetence, neglect of | ||||||
| 10 | duty, or malfeasance in office. The chairman of a county | ||||||
| 11 | board, with the approval of a majority vote of the county | ||||||
| 12 | board, may remove any public member appointed by that chairman | ||||||
| 13 | in the case of incompetence, neglect of duty, or malfeasance | ||||||
| 14 | in office. | ||||||
| 15 | (g) The Board shall appoint an Executive Director who | ||||||
| 16 | shall have a background in finance, including familiarity with | ||||||
| 17 | the legal and procedural requirements of issuing bonds, real | ||||||
| 18 | estate, or economic development and administration. The | ||||||
| 19 | Executive Director shall hold office at the discretion of the | ||||||
| 20 | Board. The Executive Director shall be the chief | ||||||
| 21 | administrative and operational officer of the Authority, shall | ||||||
| 22 | direct and supervise its administrative affairs and general | ||||||
| 23 | management, perform such other duties as may be prescribed | ||||||
| 24 | from time to time by the members, and receive compensation | ||||||
| 25 | fixed by the Authority. The Executive Director shall attend | ||||||
| 26 | all meetings of the Authority. However, no action of the | ||||||
| |||||||
| |||||||
| 1 | Authority shall be invalid on account of the absence of the | ||||||
| 2 | Executive Director from a meeting. The Authority may engage | ||||||
| 3 | the services of the Illinois Finance Authority, attorneys, | ||||||
| 4 | appraisers, engineers, accountants, credit analysts, and other | ||||||
| 5 | consultants, if the Southeastern Illinois Economic Development | ||||||
| 6 | Authority deems it advisable. | ||||||
| 7 | (Source: P.A. 103-517, eff. 8-11-23.) | ||||||
| 8 | Section 45. The Broadband Advisory Council Act is amended | ||||||
| 9 | by changing Section 20 as follows: | ||||||
| 10 | (220 ILCS 80/20) | ||||||
| 11 | Sec. 20. Powers and duties of the Council generally. | ||||||
| 12 | (a) The Council shall: | ||||||
| 13 | (1) explore any and all ways to expand the | ||||||
| 14 | availability to end-user customers of broadband services | ||||||
| 15 | using available technologies, including, but not limited | ||||||
| 16 | to, wireline, wireless, fixed wireless, and satellite | ||||||
| 17 | applications; | ||||||
| 18 | (2) identify barriers to broadband adoption among the | ||||||
| 19 | residents and small businesses of Illinois; | ||||||
| 20 | (3) research ways to eliminate barriers to adoption | ||||||
| 21 | through measures such as: digital literacy programs; | ||||||
| 22 | programs to assist older citizens in using broadband | ||||||
| 23 | Internet access; programs to facilitate adoption by | ||||||
| 24 | disabled citizens; and programs to encourage collaborative | ||||||
| |||||||
| |||||||
| 1 | efforts among public universities, community colleges, | ||||||
| 2 | libraries, public housing, and other institutions; | ||||||
| 3 | (4) assess the availability of broadband for | ||||||
| 4 | low-income households compared to the availability of | ||||||
| 5 | broadband for other households; | ||||||
| 6 | (5) explore the potential for increased use of | ||||||
| 7 | broadband service for the purposes of education, career | ||||||
| 8 | readiness, workforce preparation, and alternative career | ||||||
| 9 | training; | ||||||
| 10 | (6) explore the potential for increased use of | ||||||
| 11 | broadband services to facilitate aging in place; | ||||||
| 12 | (7) explore ways for encouraging State and municipal | ||||||
| 13 | agencies, including public housing authorities, to expand | ||||||
| 14 | the use of broadband services for the purpose of better | ||||||
| 15 | serving the public, including audio and video streaming, | ||||||
| 16 | voice-over Internet protocol, teleconferencing, and | ||||||
| 17 | wireless networking; | ||||||
| 18 | (8) cooperate and assist in the expansion of | ||||||
| 19 | electronic instruction and distance education services; | ||||||
| 20 | (9) as the Federal Communications Commission updates | ||||||
| 21 | the benchmark downstream data rates and upstream data | ||||||
| 22 | rates, publish the revised data rates in the Illinois | ||||||
| 23 | Register within 60 days after the federal update; and | ||||||
| 24 | (10) evaluate the expansion of the Illinois Century | ||||||
| 25 | Network to Illinois public schools, public libraries, and | ||||||
| 26 | State-owned correctional institutions or facilities, | ||||||
| |||||||
| |||||||
| 1 | including issuing recommendations for increasing agency | ||||||
| 2 | staffing, infrastructure development, price modeling, and | ||||||
| 3 | providing download speeds of at least one gigabyte per | ||||||
| 4 | second and upload speeds of at least one gigabyte per | ||||||
| 5 | second. | ||||||
| 6 | (b) In addition to the powers set forth elsewhere in this | ||||||
| 7 | Act, the Council is hereby granted the powers necessary to | ||||||
| 8 | carry out the purpose and intent of this Act, as enumerated in | ||||||
| 9 | this Section, including, but not limited to: | ||||||
| 10 | (1) promoting awareness of public facilities that have | ||||||
| 11 | community broadband access that can be used for distance | ||||||
| 12 | education and workforce development; and | ||||||
| 13 | (2) advising on deployment of e-government portals | ||||||
| 14 | such that all public bodies and political subdivisions | ||||||
| 15 | have websites and encourage one-stop government access and | ||||||
| 16 | that all public entities stream audio and video of all | ||||||
| 17 | public meetings. | ||||||
| 18 | (c) The Council shall also: | ||||||
| 19 | (1) monitor the broadband-based development efforts of | ||||||
| 20 | other states in areas such as business, education, aging | ||||||
| 21 | in place, and health; | ||||||
| 22 | (2)receive input provided on a voluntary basis from | ||||||
| 23 | all Illinois broadband stakeholders and advise the | ||||||
| 24 | Governor and the General Assembly on policies related to | ||||||
| 25 | broadband in Illinois, provided that no stakeholders shall | ||||||
| 26 | be required to publicly disclose competitively sensitive | ||||||
| |||||||
| |||||||
| 1 | information or information that could compromise network | ||||||
| 2 | security or undermine the efficacy of reasonable network | ||||||
| 3 | management practices, and that any such information | ||||||
| 4 | voluntarily disclosed shall be protected from public | ||||||
| 5 | disclosure; and | ||||||
| 6 | (3) serve as the broadband advocate to State agencies | ||||||
| 7 | and other State entities to communicate the broadband | ||||||
| 8 | needs of citizens and organizations that do not have | ||||||
| 9 | access to broadband service or to broadband service | ||||||
| 10 | adequate for their needs. | ||||||
| 11 | (d) The Council shall exercise its powers and authority to | ||||||
| 12 | (1) advise and make recommendations to the General Assembly | ||||||
| 13 | and the Governor on bringing broadband service to unserved and | ||||||
| 14 | underserved rural and urban areas and improving broadband | ||||||
| 15 | service statewide, (2) advise and make recommendations to the | ||||||
| 16 | General Assembly and the Governor on facilitating broadband | ||||||
| 17 | adoption by all citizens, and (3) propose statutory changes | ||||||
| 18 | that may enhance and expand broadband in the State. | ||||||
| 19 | (e) The Council shall report to the General Assembly on or | ||||||
| 20 | before January 31 January 1 of each year. The report to the | ||||||
| 21 | General Assembly shall be filed with the Clerk of the House of | ||||||
| 22 | Representatives and the Secretary of the Senate in electronic | ||||||
| 23 | form only, in the manner that the Clerk and the Secretary shall | ||||||
| 24 | direct. The report shall include the action that was taken by | ||||||
| 25 | the Council during the previous year in carrying out the | ||||||
| 26 | provisions of this Act. The Council shall also make any other | ||||||
| |||||||
| |||||||
| 1 | reports as may be required by the General Assembly or the | ||||||
| 2 | Governor. | ||||||
| 3 | (Source: P.A. 103-483, eff. 8-4-23.) | ||||||
| 4 | Section 50. The Energy Assistance Act is amended by | ||||||
| 5 | changing Section 5 as follows: | ||||||
| 6 | (305 ILCS 20/5) (from Ch. 111 2/3, par. 1405) | ||||||
| 7 | Sec. 5. Policy Advisory Council. | ||||||
| 8 | (a) Within the Department of Commerce and Economic | ||||||
| 9 | Opportunity is created a Low Income Energy Assistance Policy | ||||||
| 10 | Advisory Council. | ||||||
| 11 | (b) The Council shall be chaired by the Director of | ||||||
| 12 | Commerce and Economic Opportunity or his or her designee. | ||||||
| 13 | There shall be 17 19 members of the Low Income Energy | ||||||
| 14 | Assistance Policy Advisory Council, including the chairperson | ||||||
| 15 | and the following members: | ||||||
| 16 | (1) one member designated by the Illinois Commerce | ||||||
| 17 | Commission; | ||||||
| 18 | (2) (blank); | ||||||
| 19 | (3) one member designated by the Illinois Energy | ||||||
| 20 | Association to represent electric public utilities serving | ||||||
| 21 | in excess of 1 million customers in this State; | ||||||
| 22 | (4) one member agreed upon by gas public utilities | ||||||
| 23 | that serve more than 500,000 and fewer than 1,500,000 | ||||||
| 24 | customers in this State; | ||||||
| |||||||
| |||||||
| 1 | (5) one member agreed upon by gas public utilities | ||||||
| 2 | that serve 1,500,000 or more customers in this State; | ||||||
| 3 | (6) one member designated by the Illinois Energy | ||||||
| 4 | Association to represent combination gas and electric | ||||||
| 5 | public utilities; | ||||||
| 6 | (7) one member agreed upon by the Illinois Municipal | ||||||
| 7 | Electric Agency and the Association of Illinois Electric | ||||||
| 8 | Cooperatives; | ||||||
| 9 | (8) one member agreed upon by the Illinois Industrial | ||||||
| 10 | Energy Consumers; | ||||||
| 11 | (9) three members designated by the Department to | ||||||
| 12 | represent low income energy consumers; | ||||||
| 13 | (10) two members designated by the Illinois Community | ||||||
| 14 | Action Association to represent local agencies that assist | ||||||
| 15 | in the administration of this Act; | ||||||
| 16 | (11) one member designated by the Citizens Utility | ||||||
| 17 | Board to represent residential energy consumers; | ||||||
| 18 | (12) (blank); one member designated by the Illinois | ||||||
| 19 | Retail Merchants Association to represent commercial | ||||||
| 20 | energy customers; | ||||||
| 21 | (13) (blank); one member designated by the Department | ||||||
| 22 | to represent independent energy providers; and | ||||||
| 23 | (14) three members designated by the Mayor of the City | ||||||
| 24 | of Chicago. | ||||||
| 25 | (c) Designated and appointed members shall serve 2 year | ||||||
| 26 | terms and until their successors are appointed and qualified. | ||||||
| |||||||
| |||||||
| 1 | The designating organization shall notify the chairperson of | ||||||
| 2 | any changes or substitutions of a designee within 10 business | ||||||
| 3 | days of a change or substitution. Members shall serve without | ||||||
| 4 | compensation, but may receive reimbursement for actual costs | ||||||
| 5 | incurred in fulfilling their duties as members of the Council. | ||||||
| 6 | (d) The Council shall have the following duties: | ||||||
| 7 | (1) to monitor the administration of this Act to | ||||||
| 8 | ensure effective, efficient, and coordinated program | ||||||
| 9 | development and implementation; | ||||||
| 10 | (2) to assist the Department in developing and | ||||||
| 11 | administering rules and regulations required to be | ||||||
| 12 | promulgated pursuant to this Act in a manner consistent | ||||||
| 13 | with the purpose and objectives of this Act; | ||||||
| 14 | (3) to facilitate and coordinate the collection and | ||||||
| 15 | exchange of all program data and other information needed | ||||||
| 16 | by the Department and others in fulfilling their duties | ||||||
| 17 | pursuant to this Act; | ||||||
| 18 | (4) to advise the Department on the proper level of | ||||||
| 19 | support required for effective administration of the Act; | ||||||
| 20 | (5) to provide a written opinion concerning any | ||||||
| 21 | regulation proposed pursuant to this Act, and to review | ||||||
| 22 | and comment on any energy assistance or related plan | ||||||
| 23 | required to be prepared by the Department; | ||||||
| 24 | (6) to advise the Department on the use of funds | ||||||
| 25 | collected pursuant to Section 11 of this Act, and on any | ||||||
| 26 | changes to existing low income energy assistance programs | ||||||
| |||||||
| |||||||
| 1 | to make effective use of such funds, so long as such uses | ||||||
| 2 | and changes are consistent with the requirements of the | ||||||
| 3 | Act. | ||||||
| 4 | (Source: P.A. 97-916, eff. 8-9-12.) | ||||||
| 5 | Section 55. The Cannabis Regulation and Tax Act is amended | ||||||
| 6 | by changing Section 7-15 as follows: | ||||||
| 7 | (410 ILCS 705/7-15) | ||||||
| 8 | Sec. 7-15. Loans and grants to Social Equity Applicants. | ||||||
| 9 | (a) The Department of Commerce and Economic Opportunity | ||||||
| 10 | shall establish grant and loan programs, subject to | ||||||
| 11 | appropriations from the Cannabis Business Development Fund, | ||||||
| 12 | for the purposes of providing financial assistance, loans, | ||||||
| 13 | grants, and technical assistance to Social Equity Applicants. | ||||||
| 14 | (b) The Department of Commerce and Economic Opportunity | ||||||
| 15 | has the power to: | ||||||
| 16 | (1) provide Cannabis Social Equity loans and grants | ||||||
| 17 | from appropriations from the Cannabis Business Development | ||||||
| 18 | Fund to assist Qualified Social Equity Applicants in | ||||||
| 19 | gaining entry to, and successfully operating in, the | ||||||
| 20 | State's regulated cannabis marketplace; | ||||||
| 21 | (2) enter into agreements that set forth terms and | ||||||
| 22 | conditions of the financial assistance, accept funds or | ||||||
| 23 | grants, and engage in cooperation with private entities | ||||||
| 24 | and agencies of State or local government to carry out the | ||||||
| |||||||
| |||||||
| 1 | purposes of this Section; | ||||||
| 2 | (3) fix, determine, charge, and collect any premiums, | ||||||
| 3 | fees, charges, costs and expenses, including application | ||||||
| 4 | fees, commitment fees, program fees, financing charges, or | ||||||
| 5 | publication fees in connection with its activities under | ||||||
| 6 | this Section; | ||||||
| 7 | (4) coordinate assistance under these loan programs | ||||||
| 8 | with activities of the Illinois Department of Financial | ||||||
| 9 | and Professional Regulation, the Illinois Department of | ||||||
| 10 | Agriculture, and other agencies as needed to maximize the | ||||||
| 11 | effectiveness and efficiency of this Act; | ||||||
| 12 | (5) provide staff, administration, and related support | ||||||
| 13 | required to administer this Section; | ||||||
| 14 | (6) take whatever actions are necessary or appropriate | ||||||
| 15 | to protect the State's interest in the event of | ||||||
| 16 | bankruptcy, default, foreclosure, or noncompliance with | ||||||
| 17 | the terms and conditions of financial assistance provided | ||||||
| 18 | under this Section, including the ability to recapture | ||||||
| 19 | funds if the recipient is found to be noncompliant with | ||||||
| 20 | the terms and conditions of the financial assistance | ||||||
| 21 | agreement; | ||||||
| 22 | (7) establish application, notification, contract, and | ||||||
| 23 | other forms, procedures, or rules deemed necessary and | ||||||
| 24 | appropriate; and | ||||||
| 25 | (8) utilize vendors or contract work to carry out the | ||||||
| 26 | purposes of this Act. | ||||||
| |||||||
| |||||||
| 1 | (c) Loans made under this Section: | ||||||
| 2 | (1) shall only be made if, in the Department's | ||||||
| 3 | judgment, the project furthers the goals set forth in this | ||||||
| 4 | Act; and | ||||||
| 5 | (2) shall be in such principal amount and form and | ||||||
| 6 | contain such terms and provisions with respect to | ||||||
| 7 | security, insurance, reporting, delinquency charges, | ||||||
| 8 | default remedies, and other matters as the Department | ||||||
| 9 | shall determine appropriate to protect the public interest | ||||||
| 10 | and to be consistent with the purposes of this Section. | ||||||
| 11 | The terms and provisions may be less than required for | ||||||
| 12 | similar loans not covered by this Section. | ||||||
| 13 | (d) Grants made under this Section shall be awarded on a | ||||||
| 14 | competitive and annual basis under the Grant Accountability | ||||||
| 15 | and Transparency Act. Grants made under this Section shall | ||||||
| 16 | further and promote the goals of this Act, including promotion | ||||||
| 17 | of Social Equity Applicants, job training and workforce | ||||||
| 18 | development, and technical assistance to Social Equity | ||||||
| 19 | Applicants. | ||||||
| 20 | (e) On or before January 31 of Beginning January 1, 2021 | ||||||
| 21 | and each year thereafter, the Department shall annually report | ||||||
| 22 | to the Governor and the General Assembly on the outcomes and | ||||||
| 23 | effectiveness of this Section that shall include the | ||||||
| 24 | following: | ||||||
| 25 | (1) the number of persons or businesses receiving | ||||||
| 26 | financial assistance under this Section; | ||||||
| |||||||
| |||||||
| 1 | (2) the amount in financial assistance awarded in the | ||||||
| 2 | aggregate, in addition to the amount of loans made that | ||||||
| 3 | are outstanding and the amount of grants awarded; | ||||||
| 4 | (3) the location of the project engaged in by the | ||||||
| 5 | person or business; and | ||||||
| 6 | (4) if applicable, the number of new jobs and other | ||||||
| 7 | forms of economic output created as a result of the | ||||||
| 8 | financial assistance. | ||||||
| 9 | (f) The Department of Commerce and Economic Opportunity | ||||||
| 10 | shall include engagement with individuals with limited English | ||||||
| 11 | proficiency as part of its outreach provided or targeted to | ||||||
| 12 | attract and support Social Equity Applicants. | ||||||
| 13 | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) | ||||||
| 14 | Section 99. Effective date. This Act takes effect upon | ||||||
| 15 | becoming law. | ||||||
