Bill Text: IL SB2172 | 2009-2010 | 96th General Assembly | Enrolled
Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Authorizes the Department to contract with a vendor for the production of a tourism travel guide; to allow the vendor to sell and collect sales revenues, including in-kind exchanges, for advertisements placed in the travel guide; and to allow the vendor to retain any sales revenues it collects as its fee and to cover the costs of producing the travel guide. Provides that any revenue due to the Department, after the vendor retains its share, shall be deposited into the International and Promotional Fund. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0739 [SB2172 Detail]
Download: Illinois-2009-SB2172-Enrolled.html
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1 | AN ACT concerning State government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Department of Commerce and Economic | ||||||
5 | Opportunity Law of the
Civil Administrative Code of Illinois is | ||||||
6 | amended by changing Sections 605-25, 605-550, 605-675, and | ||||||
7 | 605-810 and by adding Section 605-725 as follows:
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8 | (20 ILCS 605/605-25) (was 20 ILCS 605/46.30a)
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9 | Sec. 605-25.
Charges, gifts, and grants for promotional | ||||||
10 | products and
services; International and Promotional Fund.
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11 | (a) To establish, levy, and collect fees and charges and
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12 | accept gifts, grants, and awards from other governmental | ||||||
13 | entities, for
profit
organizations, and
nonprofit associations | ||||||
14 | in
association with or as consideration for the provision of | ||||||
15 | various
promotional products and services
through its tourism, | ||||||
16 | films production promotion, and international
business | ||||||
17 | promotion programs. The
Director may establish and collect | ||||||
18 | nominal charges for premiums
and other promotional materials | ||||||
19 | produced or acquired as part of the
Department's activities | ||||||
20 | authorized under the Illinois Promotion Act from
individuals | ||||||
21 | and not-for-profit organizations
intending to use those | ||||||
22 | premiums and promotional materials for
purposes
consistent | ||||||
23 | with the provisions of the Illinois Promotion Act, provided,
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1 | however, that other State agencies shall be charged no more | ||||||
2 | than the cost
of the premium or promotional material to the | ||||||
3 | Department.
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4 | (b) The Director may collect cost reimbursement monies from | ||||||
5 | films and
media
production entities for police and related | ||||||
6 | production security services in
amounts determined by the | ||||||
7 | provider of the security services and
agreed to
by the | ||||||
8 | production entity. The reimbursements shall
result only from | ||||||
9 | the
agreed costs of planned police and security services to be | ||||||
10 | rendered to film
and media production sites in the State of | ||||||
11 | Illinois.
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12 | (c) The Director may establish and collect cost-sharing | ||||||
13 | assessments and
fees
and accept gifts, grants, and awards from | ||||||
14 | private businesses, trade
associations, other governmental | ||||||
15 | entities, and individuals desiring to
participate in and | ||||||
16 | support the development and conduct of overseas trade,
catalog, | ||||||
17 | and distributor shows and activities and to purchase | ||||||
18 | informational
materials to foster export sales of Illinois | ||||||
19 | products and services as part
of the Department's international | ||||||
20 | business programs.
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21 | (d) All money
received
pursuant
to this Section , except as | ||||||
22 | provided in subsection (e), shall be deposited into the | ||||||
23 | International and
Promotional Fund
within the State treasury | ||||||
24 | which is hereby created; monies within the Fund
shall be | ||||||
25 | appropriated only for expenditure pursuant to this Section.
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26 | (e) The Department may contract with a vendor for the |
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1 | production of a tourism travel guide. The Department may allow | ||||||
2 | the vendor to sell and collect sales revenues, including | ||||||
3 | in-kind exchanges, for advertisements placed in the travel | ||||||
4 | guide. The Department may allow the vendor to retain any sales | ||||||
5 | revenues it collects as its fee and to cover the costs of | ||||||
6 | producing the travel guide. Any revenue due to the Department, | ||||||
7 | after the vendor retains its share, shall be deposited into the | ||||||
8 | International and Promotional Fund. | ||||||
9 | (Source: P.A. 90-26, eff. 7-1-97; 91-239, eff. 1-1-00.)
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10 | (20 ILCS 605/605-550) (was 20 ILCS 605/46.71)
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11 | Sec. 605-550.
Model domestic violence and sexual assault
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12 | employee awareness and assistance policy.
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13 | (a) The Department shall convene a task force including | ||||||
14 | members of the
business community, employees, employee | ||||||
15 | organizations, representatives from
the Department of Labor, | ||||||
16 | and directors of domestic violence and sexual assault
programs, | ||||||
17 | including representatives of statewide advocacy organizations | ||||||
18 | for the
prevention of domestic violence and sexual assault, to | ||||||
19 | develop a model domestic
violence and sexual assault employee | ||||||
20 | awareness and assistance policy for
businesses.
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21 | The Department shall give due consideration to the | ||||||
22 | recommendations of the
Governor, the President of the Senate, | ||||||
23 | and the Speaker of the House of
Representatives for | ||||||
24 | participation by any person on the task force, and shall
make | ||||||
25 | reasonable efforts to assure regional balance in membership.
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1 | (b) The purpose of the model employee awareness and | ||||||
2 | assistance policy shall
be to provide businesses with the best | ||||||
3 | practices, policies, protocols, and
procedures in order that | ||||||
4 | they ascertain domestic violence and sexual assault
awareness | ||||||
5 | in the workplace, assist affected employees, and provide a safe | ||||||
6 | and
helpful working environment for employees currently or | ||||||
7 | potentially experiencing
the effects of domestic violence or | ||||||
8 | sexual assault. The model plan shall
include but not be limited | ||||||
9 | to:
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10 | (1) the establishment of a definite corporate policy | ||||||
11 | statement recognizing
domestic violence and sexual assault | ||||||
12 | as workplace issues as well as promoting
the need to | ||||||
13 | maintain job security for those employees currently | ||||||
14 | involved in
domestic violence or sexual assault disputes;
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15 | (2) policy and service publication requirements, | ||||||
16 | including posting these
policies and service availability | ||||||
17 | pamphlets in break rooms, on bulletin boards,
and in | ||||||
18 | restrooms, and transmitting them through other | ||||||
19 | communication methods;
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20 | (3) a listing of current domestic violence and sexual | ||||||
21 | assault community
resources such as shelters, crisis | ||||||
22 | intervention programs, counseling and case
management | ||||||
23 | programs, and legal assistance and advocacy opportunities | ||||||
24 | for
affected employees;
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25 | (4) measures to ensure workplace safety including, | ||||||
26 | where appropriate,
designated parking areas, escort |
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1 | services, and other affirmative safeguards;
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2 | (5) training programs and protocols designed to | ||||||
3 | educate employees and
managers in how to recognize, | ||||||
4 | approach, and assist employees experiencing
domestic | ||||||
5 | violence or sexual assault, including both victims and | ||||||
6 | batterers; and
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7 | (6) other issues as shall be appropriate and relevant | ||||||
8 | for the task force
in developing the model policy.
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9 | (c) The model policy shall be reviewed by the task force to | ||||||
10 | assure
consistency with existing law and shall be made the | ||||||
11 | subject of public hearings
convened by the Department | ||||||
12 | throughout the State at places and at times which
are | ||||||
13 | convenient for attendance by the public, after which the policy | ||||||
14 | shall be
reviewed by the task force and amended as necessary to | ||||||
15 | reflect concerns raised
at the hearings. If approved by the | ||||||
16 | task force, the model policy shall be
provided as approved with | ||||||
17 | explanation of its provisions to the Governor and the
General | ||||||
18 | Assembly not later than one year after the effective date of | ||||||
19 | this
amendatory Act of the 91st General Assembly. The | ||||||
20 | Department shall make every
effort to notify businesses of the | ||||||
21 | availability of the model domestic violence
and sexual assault | ||||||
22 | employee awareness and assistance policy.
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23 | (d) The Department, in consultation with the task force, | ||||||
24 | providers of
services, the advisory council, the Department of | ||||||
25 | Labor, and representatives
of statewide advocacy organizations | ||||||
26 | for the prevention of domestic violence and
sexual assault, |
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1 | shall provide technical support, information, and | ||||||
2 | encouragement
to businesses to implement the provisions of the | ||||||
3 | model.
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4 | (e) Nothing contained in this Section shall be deemed to | ||||||
5 | prevent businesses
from adopting their own domestic violence | ||||||
6 | and sexual assault employee awareness
and assistance policy.
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7 | (f) The Department may shall survey businesses within 4 | ||||||
8 | years of the effective
date of this amendatory Act of the 91st | ||||||
9 | General Assembly to determine the level
of model policy | ||||||
10 | adoption amongst businesses and shall take steps necessary to
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11 | promote the further adoption of such policy.
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12 | (Source: P.A. 91-592, eff. 8-14-99; 92-16, eff. 6-28-01.)
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13 | (20 ILCS 605/605-675) (was 20 ILCS 605/46.66)
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14 | Sec. 605-675. Exporter award program. The Department may | ||||||
15 | shall
establish and
operate, in cooperation with the Department | ||||||
16 | of Agriculture and the Illinois
Finance Authority, an annual | ||||||
17 | awards program to
recognize
Illinois-based exporters. In | ||||||
18 | developing criteria for the awards, the
Department shall give | ||||||
19 | consideration to the exporting efforts of small and
medium | ||||||
20 | sized businesses, first-time exporters, and other appropriate
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21 | categories.
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22 | (Source: P.A. 93-205, eff. 1-1-04.)
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23 | (20 ILCS 605/605-725 new) | ||||||
24 | Sec. 605-725. Incentive grants for the Metropolitan Pier |
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1 | and Exposition Authority. The Department and the Metropolitan | ||||||
2 | Pier and Exposition Authority may enter into grant agreements | ||||||
3 | to reimburse the Authority for incentives awarded by the | ||||||
4 | Authority to attract large conventions, meetings, and trade | ||||||
5 | shows to its facilities. The Department may reimburse the | ||||||
6 | Authority only for incentives provided in consultation with the | ||||||
7 | Chicago Convention and Tourism Bureau for conventions, | ||||||
8 | meetings, or trade shows that (i) the Authority certifies have | ||||||
9 | registered attendance in excess of 10,000 individuals, (ii) but | ||||||
10 | for the incentive, would not have used the facilities of the | ||||||
11 | Authority, (iii) have been approved by the Chief Executive | ||||||
12 | Officer of the Authority and the Chairman of the Authority at | ||||||
13 | the time of the incentive, and (iv) have been approved by the | ||||||
14 | Department. Reimbursements shall be made from amounts | ||||||
15 | appropriated to the Department from the Metropolitan Pier and | ||||||
16 | Exposition Authority Incentive Fund for those purposes. | ||||||
17 | Reimbursements shall not exceed $10,000,000 annually. | ||||||
18 | No later than February 15 of each year, the Chairman of the | ||||||
19 | Metropolitan Pier and Exposition Authority shall certify to the | ||||||
20 | Department, the State Comptroller, and the State Treasurer the | ||||||
21 | amounts provided during the previous calendar year as | ||||||
22 | incentives for conventions, meetings, or trade shows that (i) | ||||||
23 | have been approved by the Authority and the Department, (ii) | ||||||
24 | demonstrate registered attendance in excess of 10,000 | ||||||
25 | individuals, and (iii) but for the incentive, would not have | ||||||
26 | used the facilities of the Authority for the convention, |
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1 | meeting, or trade show. The Department may audit the accuracy | ||||||
2 | of the certification.
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3 | (20 ILCS 605/605-810) (was 20 ILCS 605/46.19a in part)
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4 | Sec. 605-810. Reemployment of former employees. When the | ||||||
5 | Department is involved in developing a federal or State
funded | ||||||
6 | training or retraining program for any employer, the Department | ||||||
7 | may will
assist and encourage that employer in making every | ||||||
8 | effort to reemploy
individuals previously employed at the | ||||||
9 | facility. Further, the Department may
will provide a list of | ||||||
10 | those employees to the
employer for
consideration
for | ||||||
11 | reemployment and will report the results of this effort to the | ||||||
12 | Illinois
Job Training Coordinating Council . This requirement | ||||||
13 | shall be in effect
when all of the following conditions are | ||||||
14 | met:
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15 | (1) The employer is reopening, or is proposing to | ||||||
16 | reopen, a
facility
that was last closed during the | ||||||
17 | preceding 2 years.
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18 | (2) A substantial number of the persons who were | ||||||
19 | employed at
the
facility before its most recent closure | ||||||
20 | remain unemployed.
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21 | (3) The product or service produced by, or proposed to | ||||||
22 | be
produced by,
the employer at the facility is | ||||||
23 | substantially similar to the product or
service produced at | ||||||
24 | the facility before its most recent closure.
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25 | (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)
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1 | Section 10. The Energy Conservation and Coal Development | ||||||
2 | Act is amended by changing Section 8 as follows:
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3 | (20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
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4 | Sec. 8. Illinois Coal Development Board.
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5 | (a) There may shall be established as an advisory board to | ||||||
6 | the
Department, the Illinois Coal
Development Board, | ||||||
7 | hereinafter in this Section called the Board. The Board
shall | ||||||
8 | be composed of the following voting members: the
Director of | ||||||
9 | the
Department, who shall be Chairman thereof; the Deputy | ||||||
10 | Director of the Bureau
of Business Development within the | ||||||
11 | Department of Commerce and Economic Opportunity; the President | ||||||
12 | of the University of Illinois or his or her designee; the | ||||||
13 | Director of
Natural
Resources or that Director's designee; the | ||||||
14 | Director of the Office of Mines and
Minerals within the | ||||||
15 | Department of Natural Resources;
4 members of the General | ||||||
16 | Assembly (one each appointed by the President of
the Senate, | ||||||
17 | the Senate Minority Leader, the Speaker of the House, and the | ||||||
18 | House
Minority Leader); and 8
persons appointed by the | ||||||
19 | Governor, with the advice and consent of the Senate,
including | ||||||
20 | representatives of Illinois
industries that are involved in the | ||||||
21 | extraction, utilization or transportation
of Illinois coal, | ||||||
22 | persons representing financial or banking interests in the
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23 | State, and persons experienced in international business and | ||||||
24 | economic
development. These members shall be chosen from |
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1 | persons of recognized ability
and experience in their | ||||||
2 | designated field. The members
appointed by the Governor shall | ||||||
3 | serve
for terms of 4 years, unless otherwise provided in this | ||||||
4 | subsection. The
initial terms of the original appointees shall | ||||||
5 | expire on July 1, 1985, except
that the Governor shall | ||||||
6 | designate 3 of the original appointees to serve initial
terms | ||||||
7 | that shall expire on July 1, 1983. The initial term of the | ||||||
8 | member
appointed by the Governor to fill the office created | ||||||
9 | after July 1, 1985 shall
expire on July 1, 1989. The initial | ||||||
10 | terms of the members appointed by the
Governor to fill the | ||||||
11 | offices created by this amendatory Act of 1993 shall
expire on | ||||||
12 | July 1, 1995, and July 1, 1997, as determined by the Governor.
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13 | A member appointed by
a Legislative Leader shall serve for the | ||||||
14 | duration of the General Assembly for
which he or she is | ||||||
15 | appointed, so long as the member remains a member of that
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16 | General Assembly.
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17 | The Board may shall meet at least annually or at the call | ||||||
18 | of the Chairman.
At any time the majority of the Board may | ||||||
19 | petition the Chairman for a meeting
of the Board. Nine members | ||||||
20 | of the Board shall constitute a
quorum. Members of the Board | ||||||
21 | shall be reimbursed for actual and necessary
expenses incurred | ||||||
22 | while performing their duties as members of the Board from
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23 | funds appropriated to the Department for such purpose.
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24 | (b) The Board shall provide advice and make recommendations | ||||||
25 | on
the following Department powers and duties:
| ||||||
26 | (1) To develop an annual agenda which may include but |
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1 | is not limited to
research and methodologies conducted for | ||||||
2 | the purpose of increasing the
utilization of Illinois' coal | ||||||
3 | and other fossil fuel resources, with
emphasis on high | ||||||
4 | sulfur coal, in the following areas: coal extraction,
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5 | preparation and characterization; coal technologies | ||||||
6 | (combustion,
gasification, liquefaction, and related | ||||||
7 | processes); marketing;
public awareness and education, as | ||||||
8 | those terms are used in the Illinois
Coal Technology | ||||||
9 | Development Assistance Act; transportation; procurement of
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10 | sites and issuance of permits; and environmental impacts.
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11 | (2) To support and coordinate Illinois coal research, | ||||||
12 | and to approve
projects consistent with the annual agenda | ||||||
13 | and budget for coal research and
the purposes of this Act | ||||||
14 | and to
approve the annual budget and operating plan
for | ||||||
15 | administration of the Board.
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16 | (3) To promote the coordination of available research | ||||||
17 | information on the
production, preparation, distribution | ||||||
18 | and uses of Illinois coal. The Board
shall advise the | ||||||
19 | existing research institutions within the State on areas
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20 | where research may be necessary.
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21 | (4) To cooperate to the fullest extent possible with | ||||||
22 | State and federal
agencies and departments, independent | ||||||
23 | organizations, and other interested
groups, public and | ||||||
24 | private, for the purposes of promoting Illinois coal
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25 | resources.
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26 | (5) To submit an annual report to the Governor and the |
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1 | General Assembly
outlining the progress and | ||||||
2 | accomplishments made in the year, providing an
accounting | ||||||
3 | of funds received and disbursed, reviewing the status of | ||||||
4 | research
contracts, and furnishing other relevant | ||||||
5 | information.
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6 | (6) To focus on existing coal research efforts in | ||||||
7 | carrying out its
mission; to make use of existing research
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8 | facilities in Illinois or other institutions carrying out | ||||||
9 | research on
Illinois coal; as far as practicable, to make
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10 | maximum
use of
the research facilities available at the | ||||||
11 | Illinois State Geological Survey of the University of | ||||||
12 | Illinois,
the Coal Extraction and Utilization Research | ||||||
13 | Center, the Illinois Coal
Development Park and | ||||||
14 | universities and colleges located within
the State of | ||||||
15 | Illinois; and to create
a
consortium or center which | ||||||
16 | conducts, coordinates and supports coal research
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17 | activities in the State of Illinois. Programmatic | ||||||
18 | activities of such a
consortium or center shall be subject | ||||||
19 | to approval by the Department and shall be
consistent with | ||||||
20 | the purposes of this Act. The Department may
authorize
| ||||||
21 | expenditure of funds in support of the administrative and | ||||||
22 | programmatic
operations of such a center or consortium | ||||||
23 | consistent with its statutory
authority. Administrative | ||||||
24 | actions undertaken by or for such a center or
consortium | ||||||
25 | shall be subject to the approval of the Department.
| ||||||
26 | (7) To make a reasonable attempt, before initiating any |
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1 | research under
this Act, to avoid duplication of effort and | ||||||
2 | expense by coordinating the
research efforts among various | ||||||
3 | agencies, departments, universities or
organizations, as | ||||||
4 | the case may be.
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5 | (8) To adopt, amend and repeal rules, regulations and | ||||||
6 | bylaws governing
the Board's organization and conduct of | ||||||
7 | business.
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8 | (9) To authorize the expenditure of monies from the | ||||||
9 | Coal Technology
Development Assistance Fund, the Public | ||||||
10 | Utility Fund and other funds in
the State Treasury | ||||||
11 | appropriated to the Department, consistent with the
| ||||||
12 | purposes of this Act.
| ||||||
13 | (10) To seek, accept, and expend gifts or grants in any | ||||||
14 | form, from any
public agency or from any other source. Such | ||||||
15 | gifts and grants may be held
in trust by the Department and | ||||||
16 | expended at the direction of the
Department and
in the | ||||||
17 | exercise of the Department's powers and performance of
the | ||||||
18 | Department's duties.
| ||||||
19 | (11) To publish, from time to time, the results of | ||||||
20 | Illinois coal research
projects funded through the | ||||||
21 | Department.
| ||||||
22 | (12) To authorize loans from appropriations from the | ||||||
23 | Build Illinois
Bond Purposes Fund, the Build Illinois Bond | ||||||
24 | Fund and the Illinois
Industrial Coal Utilization Fund.
| ||||||
25 | (13) To authorize expenditures of monies for coal | ||||||
26 | development projects
under the authority of Section 13 of |
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1 | the General Obligation Bond Act.
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2 | (c) The Board shall also provide advice and make | ||||||
3 | recommendations on the following Department powers and duties:
| ||||||
4 | (1) To create and maintain thorough, current and | ||||||
5 | accurate records on
all markets for and actual uses of coal | ||||||
6 | mined in Illinois, and to make such
records available to | ||||||
7 | the public upon request.
| ||||||
8 | (2) To identify all current and anticipated future | ||||||
9 | technical,
economic, institutional, market, environmental, | ||||||
10 | regulatory and other
impediments to the utilization of | ||||||
11 | Illinois coal.
| ||||||
12 | (3) To monitor and evaluate all proposals and plans of | ||||||
13 | public
utilities related to compliance with the | ||||||
14 | requirements of Title IV of the
federal Clean Air Act | ||||||
15 | Amendments of 1990, or with any other law which might
| ||||||
16 | affect the use of Illinois coal, for the purposes of (i) | ||||||
17 | determining the
effects of such proposals or plans on the | ||||||
18 | use of Illinois coal, and (ii)
identifying alternative | ||||||
19 | plans or actions which would maintain or increase
the use | ||||||
20 | of Illinois coal.
| ||||||
21 | (4) To develop strategies and to propose policies to | ||||||
22 | promote
environmentally responsible uses of Illinois coal | ||||||
23 | for meeting electric
power supply requirements and for | ||||||
24 | other purposes.
| ||||||
25 | (5) (Blank).
| ||||||
26 | (Source: P.A. 94-793, eff. 5-19-06; 95-728, eff. date - See |
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1 | Sec. 999.)
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2 | Section 15. The State Finance Act is amended by adding | ||||||
3 | Section 5.723 as follows:
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4 | (30 ILCS 105/5.723 new)
| ||||||
5 | Sec. 5.723. The Metropolitan Pier and Exposition Authority | ||||||
6 | Incentive Fund.
| ||||||
7 | Section 20. The Metropolitan Pier and Exposition Authority | ||||||
8 | Act is amended by changing Section 5 as follows:
| ||||||
9 | (70 ILCS 210/5) (from Ch. 85, par. 1225)
| ||||||
10 | Sec. 5. The Metropolitan Pier and Exposition Authority | ||||||
11 | shall also have the
following rights and powers:
| ||||||
12 | (a) To accept from Chicago Park Fair, a corporation, an | ||||||
13 | assignment of
whatever sums of money it may have received | ||||||
14 | from the Fair and Exposition
Fund, allocated by the | ||||||
15 | Department of Agriculture of the State of Illinois,
and | ||||||
16 | Chicago Park Fair is hereby authorized to assign, set over | ||||||
17 | and transfer
any of those funds to the Metropolitan Pier | ||||||
18 | and Exposition Authority. The
Authority has the right and | ||||||
19 | power hereafter to receive sums as may be
distributed to it | ||||||
20 | by the Department of Agriculture of the State of Illinois
| ||||||
21 | from the Fair and Exposition Fund pursuant to the | ||||||
22 | provisions of Sections 5,
6i, and 28 of the State Finance |
| |||||||
| |||||||
1 | Act. All sums received by the Authority
shall be held in | ||||||
2 | the sole custody of the secretary-treasurer of the
| ||||||
3 | Metropolitan Pier and Exposition Board.
| ||||||
4 | (b) To accept the assignment of, assume and execute any | ||||||
5 | contracts
heretofore entered into by Chicago Park Fair.
| ||||||
6 | (c) To acquire, own, construct, equip, lease, operate | ||||||
7 | and maintain
grounds, buildings and facilities to carry out | ||||||
8 | its corporate purposes and
duties, and to carry out or | ||||||
9 | otherwise provide for the recreational,
cultural, | ||||||
10 | commercial or residential development of Navy Pier, and to | ||||||
11 | fix
and collect just, reasonable and nondiscriminatory | ||||||
12 | charges for the use
thereof. The charges so collected shall | ||||||
13 | be made available to defray the
reasonable expenses of the | ||||||
14 | Authority and to pay the principal of and the
interest upon | ||||||
15 | any revenue bonds issued by the Authority. The Authority
| ||||||
16 | shall be subject to and comply with the Lake Michigan and | ||||||
17 | Chicago Lakefront
Protection Ordinance, the Chicago | ||||||
18 | Building Code, the Chicago Zoning
Ordinance, and all | ||||||
19 | ordinances and regulations of the City of Chicago
contained | ||||||
20 | in the following Titles of the Municipal Code of Chicago:
| ||||||
21 | Businesses, Occupations and Consumer Protection; Health | ||||||
22 | and Safety; Fire
Prevention; Public Peace, Morals and | ||||||
23 | Welfare; Utilities
and Environmental Protection; Streets, | ||||||
24 | Public Ways, Parks, Airports and
Harbors; Electrical | ||||||
25 | Equipment and Installation; Housing and Economic
| ||||||
26 | Development (only Chapter 5-4 thereof); and Revenue and |
| |||||||
| |||||||
1 | Finance (only so far
as such Title pertains to the | ||||||
2 | Authority's duty to collect taxes on behalf
of the City of | ||||||
3 | Chicago).
| ||||||
4 | (d) To enter into contracts treating in any manner with | ||||||
5 | the objects and
purposes of this Act.
| ||||||
6 | (e) To lease any buildings to the Adjutant General of | ||||||
7 | the State of
Illinois for the use of the Illinois National | ||||||
8 | Guard or the Illinois
Naval Militia.
| ||||||
9 | (f) To exercise the right of eminent domain by | ||||||
10 | condemnation proceedings
in the manner provided by the | ||||||
11 | Eminent Domain Act,
including, with respect to Site B only, | ||||||
12 | the authority to exercise quick
take condemnation by | ||||||
13 | immediate vesting of title under Article 20 of the Eminent | ||||||
14 | Domain Act, to acquire any privately
owned real or personal | ||||||
15 | property and, with respect to Site B only, public
property | ||||||
16 | used for rail transportation purposes (but no such taking | ||||||
17 | of such
public property shall, in the reasonable judgment | ||||||
18 | of the owner, interfere
with such rail transportation) for | ||||||
19 | the lawful purposes of the Authority in
Site A, at Navy | ||||||
20 | Pier, and at Site B. Just compensation for property taken
| ||||||
21 | or acquired under this paragraph shall be paid in money or, | ||||||
22 | notwithstanding
any other provision of this Act and with | ||||||
23 | the agreement of the owner of the
property to be taken or | ||||||
24 | acquired, the Authority may convey substitute
property or | ||||||
25 | interests in property or enter into agreements with the
| ||||||
26 | property owner, including leases, licenses, or |
| |||||||
| |||||||
1 | concessions, with respect to
any property owned by the | ||||||
2 | Authority, or may provide for other lawful forms
of just | ||||||
3 | compensation to the owner. Any property acquired in | ||||||
4 | condemnation
proceedings shall be used only as provided in | ||||||
5 | this Act. Except as
otherwise provided by law, the City of | ||||||
6 | Chicago shall have a right of first
refusal prior to any | ||||||
7 | sale of any such property by the Authority to a third
party | ||||||
8 | other than substitute property. The Authority shall | ||||||
9 | develop and
implement a relocation plan for businesses | ||||||
10 | displaced as a result of the
Authority's acquisition of | ||||||
11 | property. The relocation plan shall be
substantially | ||||||
12 | similar to provisions of the Uniform Relocation Assistance
| ||||||
13 | and Real Property Acquisition Act and regulations | ||||||
14 | promulgated under that
Act relating to assistance to | ||||||
15 | displaced businesses. To implement the
relocation plan the | ||||||
16 | Authority may acquire property by purchase or gift or
may | ||||||
17 | exercise the powers authorized in this subsection (f), | ||||||
18 | except the
immediate vesting of title under Article 20 of | ||||||
19 | the Eminent Domain Act, to acquire substitute private | ||||||
20 | property within one mile
of Site B for the benefit of | ||||||
21 | displaced businesses located on property being
acquired by | ||||||
22 | the Authority. However, no such substitute property may be
| ||||||
23 | acquired by the Authority unless the mayor of the | ||||||
24 | municipality in which the
property is located certifies in | ||||||
25 | writing that the acquisition is consistent
with the | ||||||
26 | municipality's land use and economic development policies |
| |||||||
| |||||||
1 | and
goals. The acquisition of substitute property is | ||||||
2 | declared to be for public
use. In exercising the powers | ||||||
3 | authorized in this subsection (f), the
Authority shall use | ||||||
4 | its best efforts to relocate businesses within the area
of | ||||||
5 | McCormick Place or, failing that, within the City of | ||||||
6 | Chicago.
| ||||||
7 | (g) To enter into contracts relating to construction | ||||||
8 | projects which
provide for the delivery by the contractor | ||||||
9 | of a completed project,
structure, improvement, or | ||||||
10 | specific portion thereof, for a fixed maximum
price, which | ||||||
11 | contract may provide that the delivery of the project,
| ||||||
12 | structure, improvement, or specific portion thereof, for | ||||||
13 | the fixed maximum
price is insured or guaranteed by a third | ||||||
14 | party capable of completing
the construction.
| ||||||
15 | (h) To enter into agreements with any person with | ||||||
16 | respect to the use
and occupancy of the grounds, buildings, | ||||||
17 | and facilities of the Authority,
including concession, | ||||||
18 | license, and lease agreements on terms and conditions as
| ||||||
19 | the Authority determines. Notwithstanding Section 24, | ||||||
20 | agreements with respect
to the use and occupancy of the | ||||||
21 | grounds, buildings, and facilities of the
Authority for a | ||||||
22 | term of more than one year shall be entered into in | ||||||
23 | accordance
with the procurement process provided for in | ||||||
24 | Section 25.1.
| ||||||
25 | (i) To enter into agreements with any person with | ||||||
26 | respect to the
operation and management of the grounds, |
| |||||||
| |||||||
1 | buildings, and facilities of the
Authority or the provision | ||||||
2 | of goods and services on terms and
conditions as the | ||||||
3 | Authority determines.
| ||||||
4 | (j) After conducting the procurement process provided | ||||||
5 | for in Section 25.1,
to enter into one or more contracts to | ||||||
6 | provide for the design and
construction of all or part of | ||||||
7 | the Authority's Expansion Project grounds,
buildings, and | ||||||
8 | facilities. Any contract for design and construction of the
| ||||||
9 | Expansion Project shall be in the form authorized by | ||||||
10 | subsection (g), shall
be for a fixed maximum price not in | ||||||
11 | excess of the funds that are authorized
to be made | ||||||
12 | available
for those purposes during the term of the | ||||||
13 | contract, and shall be entered
into before commencement of | ||||||
14 | construction.
| ||||||
15 | (k) To enter into agreements, including project | ||||||
16 | agreements with labor
unions, that the Authority deems | ||||||
17 | necessary to complete the Expansion Project
or any other | ||||||
18 | construction or improvement project in the most timely
and | ||||||
19 | efficient manner and without strikes, picketing, or other | ||||||
20 | actions that
might cause disruption or delay and thereby | ||||||
21 | add to the cost of the project.
| ||||||
22 | (l) To provide incentives to organizations and | ||||||
23 | entities that agree to make use of the grounds, buildings, | ||||||
24 | and facilities of the Authority for conventions, meetings, | ||||||
25 | or trade shows. The incentives may take the form of | ||||||
26 | discounts from regular fees charged by the Authority, |
| |||||||
| |||||||
1 | subsidies for or assumption of the costs incurred with | ||||||
2 | respect to the convention, meeting, or trade show, or other | ||||||
3 | inducements. The Authority shall be reimbursed by the | ||||||
4 | Department of Commerce and Economic Opportunity for | ||||||
5 | incentives that qualify under the provisions of Section | ||||||
6 | 605-725 of the Civil Administrative Code of Illinois. | ||||||
7 | No later than February 15 of each year, the Chairman of | ||||||
8 | the Metropolitan Pier and Exposition Authority shall | ||||||
9 | certify to the Department of Commerce and Economic | ||||||
10 | Opportunity, the State Comptroller, and the State | ||||||
11 | Treasurer the amounts provided during the previous | ||||||
12 | calendar year as incentives for conventions, meetings, or | ||||||
13 | trade shows that (i) have been approved by the Authority | ||||||
14 | and the Department of Commerce and Economic Opportunity, | ||||||
15 | (ii) demonstrate registered attendance in excess of 10,000 | ||||||
16 | individuals, and (iii) but for the incentive, would not | ||||||
17 | have used the facilities of the Authority for the | ||||||
18 | convention, meeting, or trade show. The Department of | ||||||
19 | Commerce and Economic Opportunity may audit the accuracy of | ||||||
20 | the certification. Subject to appropriation, on July 15 of | ||||||
21 | each year the Comptroller shall order transferred and the | ||||||
22 | Treasurer shall transfer into the Metropolitan Pier and | ||||||
23 | Exposition Authority Incentive Fund from the General | ||||||
24 | Revenue Fund the lesser of the amount certified by the | ||||||
25 | Chairman or $10,000,000. No later than 30 days after the | ||||||
26 | transfer, amounts in the Fund shall be paid by the |
| |||||||
| |||||||
1 | Department of Commerce and Economic Opportunity to the | ||||||
2 | Authority to reimburse the Authority for incentives paid to | ||||||
3 | attract large conventions, meetings, and trade shows to its | ||||||
4 | facilities in the previous calendar year as provided in | ||||||
5 | Section 605-725 of the Civil Administrative Code of | ||||||
6 | Illinois. Provided that all amounts certified by the | ||||||
7 | Authority have been paid, on the last day of each fiscal | ||||||
8 | year moneys remaining in the Fund shall be transferred to | ||||||
9 | the General Revenue Fund. | ||||||
10 | Nothing in this Act shall be construed to authorize the | ||||||
11 | Authority to spend
the proceeds of any bonds or notes issued | ||||||
12 | under Section 13.2 or any taxes
levied under Section 13 to | ||||||
13 | construct a stadium to be leased to or used by
professional | ||||||
14 | sports teams.
| ||||||
15 | (Source: P.A. 94-1055, eff. 1-1-07.)
|