Bill Text: IL SB3205 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Technology Development Act. Provides that the State Treasurer may segregate a portion of the Treasurer's State investment portfolio that at no time shall be greater than 5% (rather than 2%) of the portfolio, in the Technology Development Account IIa. Provides further requirements regarding investment in Technology Development Account IIa. Provides that the Treasurer may solicit proposals from entities to manage and be the general partner of a separate fund consisting of investments from private sector investors that must invest, at the direction of the general partner (rather than Treasurer), in tandem with Technology Development Account IIa in a pro-rata portion. Provides that moneys in Technology Development Account IIa may be invested by the State Treasurer to provide venture capital to technology businesses, including co-investments. Provides that in no case shall more than 15% (rather than 10%) of the capital in the Technology Development Account IIa be invested in firms based outside of Illinois. Requires any Technology Development Account II-Recipient Fund to report the specified additional information to the Treasurer on a quarterly or annual basis as determined by the Treasurer. Removes language prohibiting the State Treasurer from investing more than one-third of Technology Development Account II in any given calendar year. Modifies the purpose of the Act. Makes conforming and technical changes. Defines terms.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2018-08-24 - Public Act . . . . . . . . . 100-1081 [SB3205 Detail]

Download: Illinois-2017-SB3205-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB3205 Introduced 2/15/2018, by Sen. Don Harmon SYNOPSIS AS INTRODUCED:
30 ILCS 265/5
30 ILCS 265/11
Amends the Technology Development Act. Provides that the State Treasurer may segregate a portion of the Treasurer's State investment portfolio that at no time shall be greater than 5% (rather than 2%) of the portfolio, in the Technology Development Account IIa. Provides further requirements regarding investment in Technology Development Account IIa. Provides that the Treasurer may solicit proposals from entities to manage and be the general partner of a separate fund consisting of investments from private sector investors that must invest, at the direction of the general partner (rather than Treasurer), in tandem with Technology Development Account IIa in a pro-rata portion. Provides that moneys in Technology Development Account IIa may be invested by the State Treasurer to provide venture capital to technology businesses, including co-investments. Provides that in no case shall more than 15% (rather than 10%) of the capital in the Technology Development Account IIa be invested in firms based outside of Illinois. Requires any Technology Development Account II-Recipient Fund to report the specified additional information to the Treasurer on a quarterly or annual basis as determined by the Treasurer. Removes language prohibiting the State Treasurer from investing more than one-third of Technology Development Account II in any given calendar year. Modifies the purpose of the Act. Makes conforming and technical changes. Defines terms.
LRB100 18941 RJF 34191 b
A BILL FOR
SB3205 LRB100 18941 RJF 34191 b
AN ACT concerning finance.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Technology Development Act is amended by
changing Sections 5 and 11 as follows:
(30 ILCS 265/5)
Sec. 5. Policy. The Illinois General Assembly finds that it
is important for the State to encourage technology development
in the State. The purpose of this Act is to attract, assist,
and retain quality technology businesses and promote the growth
of jobs and entrepreneurial and venture capital environments in
Illinois. The creation of the Technology Development Account
will allow the State to bring together, and add to, Illinois'
rich science, technology, agricultural, financial, and
business communities.
(Source: P.A. 92-851, eff. 8-26-02.)
(30 ILCS 265/11)
Sec. 11. Technology Development Account II.
(a) Including In addition to the amount provided in Section
10 of this Act, the State Treasurer may segregate a portion of
the Treasurer's State investment portfolio, that at no time
shall be greater than 5% 2% of the portfolio, in the Technology

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Development Account IIa ("TDA IIa"), an account that shall be
maintained separately and apart from other moneys invested by
the Treasurer. Distributions from the investments in TDA IIa
may be reinvested into TDA IIa without being counted against
the 5% 2% cap. At the time of deposit, the aggregate investment
in TDA IIa and the aggregate commitment of investment capital
in a TDA II-Recipient Fund shall at no time be greater than 5%
of the State's investment portfolio, which shall be calculated
as: (1) the balance at the inception of the State's fiscal
year; or (2) the average balance in the immediately preceding 5
fiscal years, whichever number is greater. Distributions from a
TDA II-Recipient Fund, in an amount not to exceed the
commitment amount, may be reinvested into TDA IIa without being
counted against the 5% cap. The Treasurer may make investments
from TDA IIa that help attract, assist, and retain quality
technology businesses in Illinois. The earnings on TDA IIa
shall be accounted for separately from other investments made
by the Treasurer.
(b) The Treasurer may solicit proposals from entities to
manage and be the General Partner of a separate fund
("Technology Development Account IIb" or "TDA IIb") consisting
of investments from private sector investors that must invest,
at the direction of the general partner Treasurer, in tandem
with TDA IIa in a pro-rata portion. The Treasurer may enter
into an agreement with the entity managing TDA IIb to advise on
the investment strategy of TDA IIa and TDA IIb (collectively

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"Technology Development Account II" or "TDA II") and fulfill
other mutually agreeable terms. Funds in TDA IIb shall be kept
separate and apart from moneys in the State treasury.
(c) Moneys in TDA IIa may be invested by the State
Treasurer to provide venture capital to technology businesses,
including co-investments, seeking to locate, expand, or remain
in Illinois by placing money with Illinois venture capital
firms for investment by the venture capital firms in technology
businesses. "Venture capital", as used in this Section, means
equity financing that is provided for starting up, expanding,
or relocating a company, or related purposes such as financing
for seed capital, research and development, introduction of a
product or process into the marketplace, or similar needs
requiring risk capital. "Technology business", as used in this
Section, means a company that has as its principal function the
providing of services, including computer, information
transfer, communication, distribution, processing,
administrative, laboratory, experimental, developmental,
technical, or testing services; , manufacture of goods or
materials; , the processing of goods or materials by physical or
chemical change; , computer related activities; , robotics,
biological, or pharmaceutical industrial activities; activity,
or technology-oriented technology oriented or emerging
industrial activity. "Illinois venture capital firm", as used
in this Section, means an entity that: (1) has a majority of
its employees in Illinois (more than 50%) or that has at least

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one general managing partner or principal member of the general
partner domiciled in Illinois, and that (2) provides equity
financing for starting up or expanding a company, or related
purposes such as financing for seed capital, research and
development, introduction of a product or process into the
marketplace, or similar needs requiring risk capital.
"Illinois venture capital firm" may also mean an entity that
has a track record of identifying, evaluating, and investing in
Illinois companies and that provides equity financing for
starting up or expanding a company, or related purposes such as
financing for seed capital, research and development,
introduction of a product or process into the marketplace, or
similar needs requiring risk capital. For purposes of this
Section, "track record" means having made, on average, at least
one investment in an Illinois company in each of its funds if
the Illinois venture capital firm has multiple funds or at
least 2 investments in Illinois companies if the Illinois
venture capital firm has only one fund. In no case shall more
than 15% 10% of the capital in the TDA IIa be invested in firms
based outside of Illinois.
(d) Any fund created by an Illinois venture capital firm in
which the State Treasurer places money pursuant to this Section
shall be required by the State Treasurer to seek investments in
technology businesses seeking to locate, expand, or remain in
Illinois. Any fund created by an Illinois venture capital firm
in which the State Treasurer places money under this Section

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("TDA II-Recipient Fund") shall invest a minimum of twice (2x)
the aggregate amount of investable capital that is received
from the State Treasurer under this Section in Illinois
companies during the life of the fund. "Illinois companies", as
used in this Section, are companies that are headquartered or
that otherwise have a significant presence in the State at the
time of initial or follow-on investment. Investable capital is
calculated as committed capital, as defined in the firm's
applicable fund's governing documents, less related estimated
fees and expenses to be incurred during the life of the fund.
For the purposes of this subsection (d), "significant presence"
means at least one physical office and one full-time employee
within the geographic borders of this State.
Any TDA II-Recipient Fund shall also invest additional
capital in Illinois companies during the life of the fund if,
as determined by the fund's manager, the investment:
(1) is consistent with the firm's fiduciary
responsibility to its limited partners;
(2) is consistent with the fund manager's investment
strategy; and
(3) demonstrates the potential to create risk-adjusted
financial returns consistent with the fund manager's
investment goals.
In addition to any reporting requirements set forth in
Section 10 of this Act, any TDA II-Recipient Fund shall report
the following additional information to the Treasurer on a

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quarterly or annual basis, as determined by the Treasurer, for
all investments:
(1) the names of portfolio companies invested in during
the applicable investment period;
(2) the addresses of reported portfolio companies;
(3) the date of the initial (and follow-on) investment;
(4) the cost of the investment;
(5) the current fair market value of the investment;
(6) for Illinois companies, the number of Illinois
employees on the investment date; and
(7) for Illinois companies, the current number of
Illinois employees.
If, as of the earlier to occur of (i) the fourth year of
the investment period of any TDA II-Recipient Fund or (ii) when
that TDA II-Recipient Fund has drawn more than 60% of the
investable capital of all limited partners, that TDA
II-Recipient Fund has failed to invest the minimum amount
required under this subsection (d) in Illinois companies, then
the Treasurer shall deliver written notice to the manager of
that fund seeking compliance with the minimum amount
requirement under this subsection (d). If, after 180 days of
delivery of notice, the TDA II-Recipient Fund has still failed
to invest the minimum amount required under this subsection (d)
in Illinois companies, then the Treasurer may elect, in
writing, to terminate any further commitment to make capital
contributions to that fund which otherwise would have been made

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under this Section.
(e) Notwithstanding the limitation found in subsection (d)
of Section 10 of this Act, the investment of the State
Treasurer in any fund created by an Illinois venture capital
firm in which the State Treasurer places money pursuant to this
Section shall not exceed 15% of the total investments in the
fund.
(f) (Blank). The State Treasurer shall not invest more than
one-third of Technology Development Account II in any given
calendar year. If in any calendar year less than one-third of
Technology Development Account II is invested, 50% of the
shortfall may be invested in the following calendar year in
addition to the regular one-third investment.
(g) The Treasurer may deposit no more than 10% of the
earnings of the investments in the Technology Development
Account IIa into the Technology Development Fund.
(Source: P.A. 97-197, eff. 7-25-11.)