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91_SB0834ccr001
LRB9106023MWgcccr1
1 91ST GENERAL ASSEMBLY
2 FIRST CONFERENCE COMMITTEE REPORT
3 ON SENATE BILL 834
4 -------------------------------------------------------------
5 -------------------------------------------------------------
6 To the President of the Senate and the Speaker of the
7 House of Representatives:
8 We, the conference committee appointed to consider the
9 differences between the houses in relation to House Amendment
10 No. 1 to Senate Bill 834, recommend the following:
11 (1) that the House recede from House Amendment No. 1;
12 and
13 (2) that Senate Bill 834 be amended by replacing
14 everything after the enacting clause with the following:
15 "Section 5. The Illinois Research Park Authority Act is
16 amended by changing Sections 1-5, 1-10, 1-20, 1-45, and 1-70
17 as follows:
18 (20 ILCS 3850/1-5)
19 Sec. 1-5. Legislative findings; declaration of purpose.
20 (a) The General Assembly determines and declares that:
21 (i) the State is in need of substantial economic
22 development;
23 (ii) the availability of suitable facilities,
24 technological resources, and the superior research
25 capacity of the institutions of higher education and
26 research parks adjacent to a federal laboratory or one or
27 more federal research agencies located in the State are
28 important inducements to private and governmental
29 enterprises to locate and remain within the State;
30 (iii) a significant function of government is to
31 increase opportunities for gainful employment, to assist
32 in promoting a productive economy, to encourage the flow
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1 of private capital for investment in productive
2 enterprises, and to otherwise improve the prosperity,
3 health, and general welfare of the inhabitants of the
4 State;
5 (iv) support for university-affiliated research
6 parks and research parks adjacent to a federal laboratory
7 or one or more federal research agencies in the State
8 will help promote technological and economic development
9 in the State through the location of high technology,
10 research, development, scientific, and related and
11 ancillary or support businesses in the State; and
12 (v) private industry, and research universities,
13 and research parks adjacent to a federal laboratory or
14 one or more federal research agencies in the State should
15 be encouraged and supported in their efforts to
16 facilitate economic development within the State.
17 (b) The purposes of the Authority established by this
18 Act are:
19 (i) to advance the general welfare of the people of
20 the State;
21 (ii) to increase the opportunities for employment
22 of citizens of Illinois;
23 (iii) to develop the human, economic, and
24 productive resources of Illinois;
25 (iv) to promote and encourage expansion of the
26 research and development sector, with emphasis on capital
27 formation and investments in research and development
28 within Illinois;
29 (v) to promote cooperative research efforts between
30 the private sector and Illinois research universities and
31 research parks adjacent to a federal laboratory or one or
32 more research agencies, and to strengthen the partnership
33 among State government, higher education, and business
34 and industry;
35 (vi) to maximize the research capabilities of the
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1 universities in Illinois; and
2 (vii) to enhance Illinois as a leader in the
3 research, development, testing and implementation of new
4 advances in science and technology and in the transfer of
5 new scientific and technological discoveries and advances
6 from the research and prototype stage to useful
7 industrial and commercial applications.
8 (Source: P.A. 88-669, eff. 11-29-94.)
9 (20 ILCS 3850/1-10)
10 Sec. 1-10. Definitions. As used in this Act:
11 "Authority" means the Illinois Research Park Authority
12 created by this Act.
13 "Bond resolution" means the resolution or resolutions and
14 the trust agreement or indenture, if any, authorizing or
15 providing for the terms and conditions applicable to bonds
16 issued under this Act.
17 "Bonds" means bonds, notes or other evidences of
18 indebtedness of the Authority issued under this Act,
19 including refunding bonds.
20 "Federal research agency" means any federal department or
21 agency that sponsors research and development activities,
22 including but not limited to, the National Aeronautics and
23 Space Administration and the Department of Energy.
24 "Federal laboratory" means any laboratory owned by the
25 federal government and operated by the federal government or
26 a contractor for the purposes of conducting research and
27 development or any associated activity.
28 "Person" means an individual, corporation, unit of
29 government, business trust, estate, trust, partnership or
30 association, 2 or more persons having a joint or common
31 interest, limited liability company, or any other legal
32 entity.
33 "Project" means the acquisition, construction, creation,
34 installation, development, redevelopment, improvement,
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1 refurbishment, or rehabilitation of any property that
2 comprises a part of, or is or will be located, constructed,
3 or installed in or upon, or is related to the development,
4 use, or operation of a university-related research park or a
5 research park adjacent to a federal laboratory or one or more
6 federal research agencies, for use by any person, whether
7 public or private, for-profit or not-for-profit; the
8 financing or refinancing of any of the foregoing, including,
9 without limitation, the refunding or refinancing of
10 outstanding indebtedness previously incurred for the
11 financing of any "project", whether or not the indebtedness
12 was issued by the Authority; and all costs and expenses that
13 may be necessary or related to the foregoing, including,
14 without limitation, architectural, design, engineering,
15 construction, legal, financing, consulting, surveying, title
16 insurance and accounting activities, services, costs, and
17 expenses, together with interest on bonds issued to finance
18 any "project" to a date twelve months subsequent to the
19 estimated date of completion.
20 "Property" means real, personal, or mixed property of any
21 and every kind, or any interest or estate therein, including,
22 without limitation: land, other real property of any kind,
23 appurtenances, buildings, structures, improvements, rights of
24 way, easements, equipment, furnishings, furniture, machinery,
25 utilities, traffic control equipment, railroad sidings,
26 track, railroad roadbed, trestle, depot, terminal switching
27 and signaling or related equipment, docking and similar
28 facilities, parking facilities, dockage, wharfage, and
29 personal property of any and every kind.
30 "Research park" means a center of research and
31 development activity located in the State that:
32 (1) includes among its objectives or activities the
33 encouragement of the formation and growth of
34 knowledge-based industries and organizations on site,
35 (2) has a management function that is actively
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1 engaged in encouraging or facilitating the transfer of
2 technology and business skills to tenants or other users
3 of the research park, and
4 (3) includes land and infrastructure and also one
5 or more of the following (whether sponsored by one or
6 more universities or any other person or persons):
7 research or development institutes, laboratories,
8 offices, businesses, or facilities; scientific or
9 technical testing, production or assembly facilities;
10 prototype scientific, engineering, technical, testing,
11 information, computer, or computer software institutes,
12 businesses, laboratories, offices, or facilities; related
13 business, university, or government installations; and
14 supporting services, including without limitation
15 conference centers, hotels, retail facilities,
16 restaurants, and transportation facilities.
17 "Research university" means (i) a public or private
18 university located in the State that in the preceding
19 calendar year was both among the 100 universities located in
20 the United States that received the largest amount of
21 financial support from the United States government or (ii)
22 any public university located in the State that is one of the
23 sponsors of a research park established prior to January 1,
24 1989.
25 "Revenues" means, with respect to any project, the rents,
26 fees, charges, and other income or profit derived from the
27 project or other moneys made available.
28 "State" means the State of Illinois.
29 "Unit of government" means the federal government, the
30 State, a unit of local government, a school district, or any
31 agency or instrumentality, office, officer, department,
32 division, bureau, commission, college, or university thereof.
33 "University-related research park" means a research park
34 (i) that is directly or indirectly sponsored by, and has a
35 direct or indirect formal relationship with, either a
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1 research university or a research university and the
2 municipality in which the research park or the research
3 university is located, and (ii) in which at least 45% of the
4 underlying land is legally or beneficially owned, directly or
5 indirectly, either jointly or severally, by any one or more
6 of the research universities that sponsor the research park,
7 the municipality in which the research park or the research
8 university is located, or a corporation or other person
9 directly or indirectly owned or controlled by one or both of
10 the research universities and the municipality. For purposes
11 of the preceding sentence, any land of which the fee simple
12 ownership or remainder estate is owned directly or indirectly
13 by a university, a municipality, or another person shall be
14 deemed to be legally and beneficially owned by the
15 university, municipality, or other person, notwithstanding
16 that all or any part of the land may have been leased, under
17 long-term or short-term leases, or may be subject to purchase
18 rights or options, to or in favor of one or more persons
19 other than the university, municipality, or other person.
20 (Source: P.A. 88-669, eff. 11-29-94.)
21 (20 ILCS 3850/1-20)
22 Sec. 1-20. Members of Authority; terms; vacancies.
23 (a) The governing and administrative powers of the
24 Authority shall be vested in a body consisting of 9 7
25 members, to be appointed by the Governor, with the advice and
26 consent of the Senate. All of the members shall be residents
27 of the State. All of the members shall have recognized
28 ability and experience in one or more of the following areas:
29 higher education, research and development, science and
30 technology, economic development, finance, banking,
31 industrial development, business administration or
32 management, real estate development, community development,
33 venture finance, organized labor, or civic, community, or
34 neighborhood organization. A Chairman and Vice Chairman of
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1 the Board shall be elected by the Board annually from among
2 its members.
3 (b) The terms of all members of the Board shall begin 30
4 days after the effective date of this Act. Of the members
5 initially appointed by the Governor, 3 shall serve until the
6 third Monday in January, 1996, 2 shall serve until the third
7 Monday in January, 1997, and 2 shall serve until the third
8 Monday in January, 1998. Each successor shall hold office of
9 a term of 4 years commencing the third Monday in January of
10 the year in which his or her term commences, except in case
11 of an appointment to fill a vacancy. In case of vacancy when
12 the Senate is not in session, the Governor may make a
13 temporary appointment until the next meeting of the Senate
14 when a person shall be nominated to fill the office, and any
15 person so nominated who is confirmed by the Senate shall hold
16 office during the remainder of the term and until a successor
17 is appointed and qualified.
18 (Source: P.A. 88-669, eff. 11-29-94.)
19 (20 ILCS 3850/1-45)
20 Sec. 1-45. General powers. The Authority possesses all
21 the powers of a body corporate necessary and convenient to
22 accomplish the purposes of this Act, including, without any
23 intended limitation upon the general powers hereby conferred,
24 all of the following:
25 (a) To enter into loans, contracts, mortgages, or other
26 agreements in furtherance of any project approved by the
27 Authority or otherwise in any matter connected with any of
28 its corporate purposes.
29 (b) To invest the funds of the Authority.
30 (c) To sue and be sued.
31 (d) To employ agents, employees, and independent
32 contractors necessary to carry out its corporate purposes and
33 to fix their compensation, benefits, and terms and conditions
34 of their employment.
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1 (e) To have and use a common seal and to alter the seal
2 at its discretion.
3 (f) To adopt all necessary ordinances, resolutions,
4 by-laws, and rules for the conduct of its business and
5 affairs and for the management and use of the projects
6 developed, constructed, acquired, and improved in furtherance
7 of its corporate purposes.
8 (g) To designate and change the fiscal year for the
9 Authority.
10 (h) To accept and expend appropriations for any purpose
11 of the Authority.
12 (i) To receive and accept from any public or private
13 source loans, contributions, donations, or grants for or in
14 aid of any project or any portion of a project or any
15 university-related research park or a research park adjacent
16 to a federal laboratory or one or more federal research
17 agencies in either money, property, labor, or other things of
18 value and, when required, to use the funds, property, or
19 labor only for the purposes for which it was loaned,
20 contributed, or granted.
21 (j) To make loans to refund outstanding obligations or
22 advances issued, made, or given for the cost of a project.
23 (k) To fix, determine, charge, and collect premiums,
24 fees, charges, costs, and expenses, including, without
25 limitation, application fees, commitment fees, program fees,
26 financing charges, and publication fees from any person in
27 connection with its activities under this Act.
28 (l) To create and establish reserve funds and accounts
29 that may be necessary or desirable to accomplish its purposes
30 under this Act and to deposit its available monies into the
31 funds and accounts.
32 (m) To charge to and apportion among projects the
33 administrative costs and expenses of the Authority incurred
34 in the exercise of the powers and duties conferred by this
35 Act.
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1 (n) To acquire, construct, maintain, manage, repair,
2 operate, or provide financing for or financial or credit
3 support or assistance to, any project or any
4 university-related research park or research park adjacent to
5 a federal laboratory or one or more federal research agencies
6 , and to enter into contracts to provide for any or all of
7 these activities.
8 (o) To acquire from any person by purchase, lease, gift,
9 or otherwise any property or rights in property useful for
10 its purposes, whether improved for the purposes of any
11 prospective project, or unimproved; provided, that the
12 Authority has no independent power of condemnation but may
13 acquire any property or rights in property obtained upon
14 condemnation by any other authority, governmental entity, or
15 unit of local government with such power.
16 (p) To develop, construct, and improve, either under its
17 own direction or through collaboration with any approved
18 applicant, or to acquire through purchase or otherwise, any
19 project, using for this purpose the proceeds derived from the
20 sale of its bonds, from governmental loans or grants, or from
21 any other legally authorized and available source, and to
22 hold title in the name of the Authority to these projects.
23 (q) To lease, under one or more lease agreements, all or
24 parts of a project so developed and constructed or acquired
25 to the approved lessee or lessees on such terms and
26 conditions as may be appropriate to further the purposes of
27 this Act and to maintain the credit of the Authority.
28 (r) To sell or lease, upon the termination of any
29 leasehold period of any project, for a further term or terms
30 the project on the terms and conditions that the Authority
31 deems reasonable and consistent with the purposes of this
32 Act, with the net proceeds from all sales and the revenues or
33 income from the leases to be used to satisfy any bonds or
34 other indebtedness of the Authority with respect to the
35 project and any balance used to pay any expenses of the
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1 Authority or be used for the further development,
2 construction, acquisition, or improvement of projects.
3 (s) To have and exercise all powers and be subject to
4 all duties usually incident to boards of directors of
5 corporations.
6 (Source: P.A. 88-669, eff. 11-29-94.)
7 (20 ILCS 3850/1-70)
8 Sec. 1-70. Combining projects for financing purposes.
9 The Authority may issue a single bond issue under this Act
10 for one or more projects, one or more university-related
11 research parks, one or more research parks adjacent to a
12 federal laboratory or one or more federal research agencies,
13 or any combination thereof. A bond issue for multiple
14 projects as provided in this Section shall be subject to all
15 requirements for bond issues as established by this Act.
16 (Source: P.A. 88-669, eff. 11-29-94.)".
17 Submitted on May 25, 1999.
18 s/Sen. Kirk Dillard s/Rep. Barbara Flynn Currie
19 s/Sen. Chris Lauzen s/Rep. Howard Kenner
20 Sen. Dan Cronin s/Rep. Kurt Granberg
21 s/Sen. Debbie Halvorson s/Rep. Art Tenhouse
22 s/Sen. Terry Link s/Rep. Randall M. Hultgren
23 Committee for the Senate Committee for the House