HB5470 EngrossedLRB104 19493 HLH 32941 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Department of Commerce and Economic
5Opportunity Law of the Civil Administrative Code of Illinois
6is amended by changing Sections 605-300, 605-465, 605-503,
7605-913, 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
10shall develop a strategic economic development plan for the
11State by July 1, 2014. By no later than January 31 July 1,
122015, and by July 1 annually thereafter, the Department shall
13make modifications to the plan as modifications are warranted
14by changes in economic conditions or by other factors,
15including changes in policy. In addition to the annual
16modification, the plan shall be reviewed and redeveloped in
17full every 5 years. In the development of the annual economic
18development plan, the Department shall consult with
19representatives of the private sector, other State agencies,
20academic institutions, local economic development
21organizations, local governments, and not-for-profit
22organizations. The annual economic development plan shall set
23specific, measurable, attainable, relevant, and time-sensitive

 

 

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1goals and shall include a focus on areas of high unemployment
2or poverty.
3    The term "economic development" shall be construed broadly
4by the Department and may include, but is not limited to, job
5creation, job retention, tax base enhancements, development of
6human capital, workforce productivity, critical
7infrastructure, regional competitiveness, social inclusion,
8standard of living, environmental sustainability, energy
9independence, quality of life, the effective use of financial
10incentives, the utilization of public private partnerships
11where appropriate, and other metrics determined by the
12Department.
13    The plan shall be based on relevant economic data, focus
14on economic development as prescribed by this Section, and
15emphasize strategies to retain and create jobs.
16    The plan shall identify and develop specific strategies
17for utilizing the assets of regions within the State defined
18as counties and municipalities or other political subdivisions
19in close geographical proximity that share common economic
20traits such as commuting zones, labor market areas, or other
21economically integrated characteristics.
22    If the plan includes strategies that have a fiscal impact
23on the Department or any other agency, the plan shall include a
24detailed description of the estimated fiscal impact of such
25strategies.
26    Prior to publishing the plan in its final form, the

 

 

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1Department shall allow for a reasonable time for public input.
2    The Department shall transmit copies of the economic
3development plan to the Governor and the General Assembly no
4later than July 1, 2014, and by July 1 annually thereafter. The
5plan and its corresponding modifications shall be published
6and made available to the public in both paper and electronic
7media, on the Department's website, and by any other method
8that the Department deems appropriate.
9    The Department shall annually submit legislation to
10implement the strategic economic development plan or
11modifications to the strategic economic development plan to
12the Governor, the President and Minority Leader of the Senate,
13and the Speaker and the Minority Leader of the House of
14Representatives. The legislation shall be in the form of one
15or more substantive bills drafted by the Legislative Reference
16Bureau.
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
21comprehensive list of State, local, and federal economic
22benefits available to businesses in each of the State's
23counties and municipalities that the Department includes on
24its 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
11implementation 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
17appropriation, entrepreneurship assistance centers, including
18the issuance of grants, at career education agencies and
19not-for-profit corporations, including, but not limited to,
20local development corporations, chambers of commerce,
21community-based business outreach centers, and other
22community-based organizations. The purpose of the centers
23shall be to train minority group members, women, individuals
24with a disability, dislocated workers, veterans, and youth
25entrepreneurs in the principles and practice of

 

 

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1entrepreneurship in order to prepare those persons to pursue
2self-employment opportunities and to pursue a minority
3business enterprise or a women-owned business enterprise. The
4centers shall provide for training in all aspects of business
5development and small business management as defined by the
6Department.
7    (b) The Department shall establish criteria for selection
8and designation of the centers which shall include, but not be
9limited 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
21needed services to eligible clients, including, but not
22limited to: (i) orientation and screening of prospective
23entrepreneurs; (ii) analysis of business concepts and
24technical feasibility; (iii) market analysis; (iv) management
25analysis and counseling; (v) business planning and financial
26planning assistance; (vi) referrals to financial resources;

 

 

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1(vii) referrals to existing educational programs for training
2in such areas as marketing, accounting, and other training
3programs as may be necessary and available; and (viii)
4referrals to business incubator facilities, when appropriate,
5for the purpose of entering into agreements to access shared
6support services.
7    (e) Applications for grants made under this Section shall
8be made in the manner and on forms prescribed by the
9Department. The application shall include, but shall not be
10limited 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
26payment of the cost of services and expenses of the program

 

 

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1director, the instructors of the participating career
2education agency or not-for-profit corporation, the faculty
3and support personnel thereof, and any other person in the
4service of providing instruction and counseling in furtherance
5of the program.
6    (g) The Department shall monitor the performance of each
7entrepreneurial assistance center and require quarterly
8reports from each center at such time and in such a manner as
9prescribed by the Department.
10    The Department shall also evaluate the entrepreneurial
11assistance centers established under this Section and report
12annually beginning on January 1, 2023, and on or before
13January 31 January 1 of each year thereafter, the results of
14the evaluation to the Governor and the General Assembly. The
15report shall discuss the extent to which the centers serve
16minority group members, women, individuals with a disability,
17dislocated workers, veterans, and youth entrepreneurs; the
18extent to which the training program is coordinated with other
19assistance programs targeted to small and new businesses; the
20ability of the program to leverage other sources of funding
21and support; and the success of the program in aiding
22entrepreneurs to start up new businesses, including the number
23of new business start-ups resulting from the program. The
24report shall recommend changes and improvements in the
25training program and in the quality of supplemental technical
26assistance offered to graduates of the training programs. The

 

 

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1report shall be made available to the public on the
2Department's website. Between evaluation due dates, the
3Department shall maintain the necessary records and data
4required to satisfy the evaluation requirements.
5    (h) For purposes of this Section:
6    "Entrepreneurship assistance center" or "center" means the
7business development centers or programs which provide
8assistance to primarily minority group members, women,
9individuals with a disability, dislocated workers, veterans,
10and youth entrepreneurs under this Section.
11    "Disability" means, with respect to an individual: (i) a
12physical or mental impairment that substantially limits one or
13more of the major life activities of an individual; (ii) a
14record of such an impairment; or (iii) being regarded as
15having an impairment.
16    "Minority business enterprise" has the same meaning as
17provided for "minority-owned business" under Section 2 of the
18Business Enterprise for Minorities, Women, and Persons with
19Disabilities Act.
20    "Minority group member" has the same meaning as provided
21for "minority person" under Section 2 of the Business
22Enterprise for Minorities, Women, and Persons with
23Disabilities Act.
24    "Women-owned business enterprise" has the same meaning as
25provided for "women-owned business" under Section 2 of the
26Business Enterprise for Minorities, Women, and Persons with

 

 

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1Disabilities Act.
2    "Veteran" means a person who served in and who has
3received an honorable or general discharge from, the United
4States Army, Navy, Air Force, Space Force, Marines, Coast
5Guard, or reserves thereof, or who served in the Army National
6Guard, Air National Guard, or Illinois National Guard.
7    "Youth entrepreneur" means a person who is between the
8ages of 16 and 29 years old and is seeking community support to
9start a business in Illinois.
10(Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23;
11103-154, 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
6from the Build Illinois Bond Fund, Capital Development Fund,
7or General Revenue Fund or other funds as identified by the
8Department, the Department may shall create a Clean Water
9Workforce Pipeline Program to provide grants and other
10financial assistance to prepare and support individuals for
11careers in water infrastructure. All funding provided by the
12Program under this Section shall be designed to encourage and
13facilitate employment in projects funded through State capital
14investment and provide participants a skill set to allow them
15to work professionally in fields related to water
16infrastructure.
17    Grants and other financial assistance may be made
18available on a competitive annual basis to organizations that
19demonstrate a capacity to recruit, support, train, and place
20individuals in water infrastructure careers, including, but
21not limited to, community organizations, educational
22institutions, workforce investment boards, community action
23agencies, and multi-craft labor organizations for new efforts
24specifically focused on engaging residents of environmental
25justice communities, economically and socially disadvantaged
26communities, those returning from the criminal justice system,

 

 

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1foster care alumni, and in particular women and transgender
2persons in these populations.
3    Grants and other financial assistance may shall be awarded
4on a competitive and annual basis for the following
5activities:
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
21place at least 300, or 25% of the number of annual jobs created
22by State financed water infrastructure projects, whichever is
23greater, of the following persons in water sector-related
24apprenticeships annually: residents of environmental justice
25communities; residents of economically and socially
26disadvantaged communities; those returning from the criminal

 

 

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1justice system; foster care alumni; and, in particular, women
2and transgender persons. In awarding and administering grants
3under this Program, the Department shall strive to provide
4assistance equitably throughout the State.
5    In order to encourage the employment of individuals
6trained through the Program onto projects receiving State
7financial assistance, the Department shall coordinate with the
8Illinois Environmental Protection Agency, the Illinois Finance
9Authority, and other State agencies that provide financial
10support for water infrastructure projects. These agencies
11shall take steps to support attaining the training and
12placement goals set forth in this subsection, using a list of
13projects that receive State financial support. These agencies
14may propose and adopt rules to facilitate the attainment of
15this goal.
16    Using funds appropriated for the purposes of this Section,
17the Department may select through a competitive bidding
18process a Program Administrator to oversee the allocation of
19funds and select organizations that receive funding.
20    The Department may require recipients of grants under this
21Program to Recipients of grants under the Program shall report
22annually to the Department, at intervals determined by the
23Department, on the success of their efforts and their
24contribution to reaching the goals of the Program provided in
25this subsection. To the extent possible based on reporting
26provided by recipients of grants under this Program, the The

 

 

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1Department shall compile this information and periodically
2annually report to the General Assembly on the Program,
3including, 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
17available for the purposes of meeting the requirements of this
18Act, Within 90 days after January 1, 2020 (the effective date
19of Public Act 101-576), the Department shall propose rules for
20adoption a draft plan to implement this Section in accordance
21with the Illinois Administrative Procedure Act, including any
22public comment required by the Joint Committee on
23Administrative Rules. for public comment. The Department shall
24allow a minimum of 60 days for public comment on the plan,
25including one or more public hearings, if requested. The
26Department shall finalize the plan within 180 days of January

 

 

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11, 2020 (the effective date of Public Act 101-576).
2    The Department may propose and adopt any rules necessary
3for the implementation of the Program and to ensure compliance
4with this Section.
5    (e) The Water Workforce Development Fund is created as a
6special fund in the State treasury. The Fund shall receive
7moneys appropriated for the purpose of this Section from the
8Build Illinois Bond Fund, the Capital Development Fund, the
9General Revenue Fund and any other funds. Moneys in the Fund
10shall only be used to fund the Program and to assist and enable
11implementation of clean water infrastructure capital
12investments. Notwithstanding any other law to the contrary,
13the Water Workforce Development Fund is not subject to sweeps,
14administrative charge-backs, or any other fiscal or budgetary
15maneuver that would in any way transfer any amounts from the
16Water Workforce Development Fund into any other fund of the
17State.
18    (f) For purpose of this Section:
19    "Environmental justice community" has the meaning provided
20in subsection (b) of Section 1-50 of the Illinois Power Agency
21Act.
22    "Multi-craft labor organization" means a joint
23labor-management apprenticeship program registered with and
24approved by the United States Department of Labor's Office of
25Apprenticeship or a labor organization that has an accredited
26training program through the Higher Learning Commission or the

 

 

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1Illinois Community College Board.
2    "Organization" means a corporation, company, partnership,
3association, society, order, labor organization, or individual
4or 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
9appropriation, create and maintain, in consultation with the
10Department of Innovation and Technology, a website to help
11persons wishing to create new businesses or relocate
12businesses to Illinois. The Department shall consult with at
13least one organization representing small businesses in this
14State 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

 

 

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1platform for business permitting and licensing information in
2collaboration with all State agencies with regulatory
3authority over business activities. Those agencies shall
4provide, maintain, and update their required business forms,
5instructions, and related content in the shared content
6management system or other Department-designated platform on
7an ongoing basis, in accordance with guidance issued by the
8Department. Agencies shall also maintain current and accurate
9business-related content on their primary public websites to
10ensure efficient integration and curation of information into
11the portal. contact all agencies to obtain business forms and
12other information for this website. Those agencies shall
13respond to the Department before July 1, 2016.
14    (d) The website shall also include some mechanism for the
15potential business owner to request more information from the
16Department that may be helpful in starting the business,
17including, but not limited to, State-based incentives that the
18business owner may qualify for when starting or relocating a
19business.
20    (e) The Department shall ensure that the portal is kept
21current through continuous content management processes. State
22agencies with regulatory authority over business activities
23shall notify the Department or update the shared content
24management system promptly when changes to forms, fees,
25processes, requirements, or other relevant information occur,
26and shall review and confirm the accuracy of its application

 

 

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1forms and related content at least annually. update the
2website at least once a year before July 1. The Department
3shall request that other State agencies report any changes in
4applicable application forms to the Department by June 1 of
5every 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
11not-for-profit corporation, as defined in Section 101.80 of
12the General Not For Profit Corporation Act of 1986, that
13primarily serves minorities, women, veterans, or persons with
14a disability.
15    "Office" means the Office of Economic Equity and
16Empowerment.
17    (b) The Office of Economic Equity and Empowerment is
18hereby created within the Department. The Office shall assist
19minority-owned businesses, women-owned businesses,
20veteran-owned businesses, businesses owned by persons with
21disabilities, eligible not-for-profit corporations, and other
22underserved communities and constituencies through targeted
23programs, resources, and outreach and promotional activities.
24The Office may engage in or conduct the following activities:
25        (1) promoting and conducting outreach efforts to

 

 

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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;

 

 

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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,

 

 

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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
4assistance that is focused on the revitalization and economic
5stabilization of urban areas in the State. This assistance may
6include programming, communication, and cross-coordination of
7existing State programs designed to stimulate the economic
8growth of under-resourced and underserved urban areas of the
9State. Among other duties assigned by the Department, subject
10to appropriation, the Office is authorized to do the
11following:
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

 

 

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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:

 

 

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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.

 

 

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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
25carry out the purposes of this Section.
26(Source: P.A. 103-889, eff. 1-1-25.)
 

 

 

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1    (20 ILCS 605/605-400 rep.)
2    Section 7. The Department of Commerce and Economic
3Opportunity Law of the Civil Administrative Code of Illinois
4is amended by repealing Section 605-400.
 
5    Section 10. The Illinois Enterprise Zone Act is amended by
6changing 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,
9the Department shall report on its operation of the Fund for
10the preceding fiscal year to the Governor and the General
11Assembly. For any fiscal year in which no operations are
12conducted by the Department because no funds were appropriated
13to the Fund, the report outlined by this Section is not
14required.
15(Source: P.A. 102-108, eff. 1-1-22.)
 
16    Section 13. The Illinois Promotion Act is amended by
17changing Section 4b as follows:
 
18    (20 ILCS 665/4b)
19    Sec. 4b. Coordinating Committee. There is created a
20Coordinating Committee of State agencies involved with tourism
21in the State of Illinois. The Committee shall consist of the

 

 

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1Director of Commerce and Economic Opportunity or the
2Director's designee, as chairman, the Lieutenant Governor or
3the Lieutenant Governor's designee, the Secretary of
4Transportation or his or her designee, and the head executive
5officer or his or her designee of the following: the Lincoln
6Presidential Library; the Department of Natural Resources; the
7Department of Agriculture; the Illinois Arts Council; the
8Illinois Community College Board; and the Board of Higher
9Education. The Committee shall also include 4 members of the
10Illinois General Assembly, one of whom shall be named by the
11Speaker of the House of Representatives, one of whom shall be
12named by the Minority Leader of the House of Representatives,
13one of whom who shall be named by the President of the Senate,
14and one of whom shall be named by the Minority Leader of the
15Senate. The Committee shall meet at least quarterly and at
16other times as called by the chair. The Committee shall
17coordinate the promotion and development of tourism activities
18throughout 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
22repealed.
 
23    Section 23. The Illinois Council on Women and Girls Act is
24amended by changing Section 15 as follows:
 

 

 

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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
4and Girls.
5    (b) The Council shall advise the Governor and the General
6Assembly on policy issues impacting women and girls in this
7State, 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

 

 

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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
13subcommittees. The Council may create a Subcommittee on
14Opportunities for Women At Risk of Being Justice Impacted. The
15Subcommittee on Opportunities for Women At Risk of Being
16Justice Impacted may analyze, without limitation, the
17following:
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

 

 

HB5470 Engrossed- 30 -LRB104 19493 HLH 32941 b

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
12justice impacted" means women who are at increased risk of
13incarceration because of historic injustices that have
14perpetuated the lack of access to economic opportunities, such
15as poverty, abuse, addiction, financial challenges,
16illiteracy, or other causes. The term "women at risk of being
17justice impacted" includes, but shall not be limited to, women
18who have previously been incarcerated.
19(Source: P.A. 100-913, eff. 8-17-18.)
 
20    Section 25. The Urban Weatherization Initiative Act is
21amended 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

 

 

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1Initiative Board is created within the Department. The Board
2must approve or deny all grants from the Fund.
3    (a-5) Notwithstanding any other provision of this Article,
4the Board has the authority to direct the Department to
5authorize the awarding of grants to applicants serving areas
6or populations not included in the target areas and
7populations set forth in Section 40-25 if the Board determines
8that there are special circumstances involving the areas or
9populations served by the applicant.
10    (b) The Board shall consist of 5 voting members appointed
11by the Governor with the advice and consent of the Senate. The
12initial members shall have terms as follows as designated by
13the Governor: one for one year, one for 2 years, one for 3
14years, one for 4 years, and one for 5 years, or until a
15successor is appointed and qualified. Thereafter, members
16shall serve 5-year terms or until a successor is appointed and
17qualified. The voting members shall elect a voting member to
18serve as chair for a one-year term. Vacancies shall be filled
19in the same manner for the balance of a term.
20    (c) The Board shall also have 4 non-voting ex officio
21members appointed as follows: one Representative appointed by
22the Speaker of the House, one Representative appointed by the
23House Minority Leader, one Senator appointed by the President
24of the Senate, and one Senator appointed by the Senate
25Minority Leader, each to serve at the pleasure of the
26appointing authority.

 

 

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1    (d) Members shall receive no compensation, but may be
2reimbursed for necessary expenses from appropriations to the
3Department available for that purpose.
4    (e) The Board may adopt rules under the Illinois
5Administrative Procedure Act.
6    (f) A quorum of the Board is at least 3 voting members, and
7the affirmative vote of at least 3 voting members is required
8for Board decisions and adoption of rules.
9    (g) The Department shall provide staff and administrative
10assistance to the Board.
11    (h) By January 31 December 31 of each year, the Board shall
12file an annual report with the Governor and the General
13Assembly concerning the Initiative, grants awarded, and
14grantees and making recommendations for any changes needed to
15enhance 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
18Sections 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
21year, the Department shall report on its operations of the
22Illinois Capital Revolving Loan Fund and the Illinois Equity
23Fund for the preceding fiscal year to the Governor and the
24General Assembly.

 

 

HB5470 Engrossed- 33 -LRB104 19493 HLH 32941 b

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,
4the Department shall report on its operation of the Fund for
5the preceding fiscal year to the Governor and the General
6Assembly.
7(Source: P.A. 84-109.)
 
8    Section 35. The Illinois Income Tax Act is amended by
9changing Section 242 as follows:
 
10    (35 ILCS 5/242)
11    Sec. 242. Music and Musicians Tax Credits and Jobs Act.
12Taxpayers who have been awarded a credit under the Music and
13Musicians Tax Credits and Jobs Act are entitled to a credit
14against the taxes imposed by subsections (a) and (b) of
15Section 201 of this Act in an amount determined by the
16Department of Commerce and Economic Opportunity under that
17Act. The credit shall be claimed for in the taxable year in
18which the tax credit award certificate is issued, and the
19certificate shall be attached to the return. If the taxpayer
20is a partnership or Subchapter S corporation, the credit shall
21be allowed to the partners or shareholders in accordance with
22the provisions of Section 251.
23    The credit may not reduce the taxpayer's liability to less

 

 

HB5470 Engrossed- 34 -LRB104 19493 HLH 32941 b

1than zero. If the amount of the credit exceeds the tax
2liability for the year, the excess may be carried forward and
3applied to the tax liability of the 5 taxable years following
4the excess credit year. The credit shall be applied to the
5earliest year for which there is a tax liability. If there are
6credits from more than one tax year that are available to
7offset a liability, the earlier credit shall be applied first.
8(Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24;
9104-417, eff. 8-15-25.)
 
10    Section 37. The Music and Musicians Tax Credit and Jobs
11Act is amended by changing Sections 50-10, 50-15, 50-35,
1250-40, 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
16Opportunity.
17    "Expenditure in the State" means (i) an expenditure to
18acquire, from a source within the State, property that is
19subject to tax under the Use Tax Act, the Service Use Tax Act,
20the Service Occupation Tax Act, or the Retailers' Occupation
21Tax Act or (ii) an expenditure for compensation for services
22performed within the State that is subject to State income tax
23under the Illinois Income Tax Act.
24    "Illinois labor expenditure" means gross salary or wages,

 

 

HB5470 Engrossed- 35 -LRB104 19493 HLH 32941 b

1including, but not limited to, taxes, benefits, and any other
2consideration incurred or paid to artist employees of the
3applicant for services rendered to and on behalf of the
4qualified 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
20authorized to do business in Illinois, (ii) is engaged
21directly or indirectly in the production, distribution, or
22promotion of music, (iii) is certified by the Department as
23meeting the eligibility requirements of this Act, and (iv) has
24executed a contract with the Department providing the terms
25and conditions for its participation.
26    "Qualified music company payroll" or "QMC payroll" means

 

 

HB5470 Engrossed- 36 -LRB104 19493 HLH 32941 b

1wages reported by the qualified music company in box 1 of each
2W-2 form prepared for an employee of the qualified music
3company who is an Illinois resident.
4    "Resident copyright" means the copyright of a musical
5composition written by an Illinois resident or owned by an
6Illinois-domiciled music company, as evidenced by documents of
7ownership, including, but not limited to, registration with
8the United States Copyright Office.
9    "Sound recording" means a recording of music, poetry, or a
10spoken-word performance made, in whole or in part, in
11Illinois. "Sound recording" does not include the audio
12portions of dialogue or words spoken and recorded as part of
13television news coverage or athletic events.
14    "Sound recording production company" means a company
15engaged in the business of producing sound recordings. "Sound
16recording production company" does not include any person or
17company, or any company owned, affiliated, or controlled, in
18whole or in part, by any company or person, that is in default
19on a loan made by the State or a loan guaranteed by the State,
20nor which has ever declared bankruptcy under which an
21obligation of the company or person to pay or repay public
22funds or moneys was discharged as a part of the bankruptcy.
23    "State-certified production" means a sound recording
24production, or a series of productions, including, but not
25limited to, master and demonstration recordings, occurring
26over the course of a 12-month period, and the base

 

 

HB5470 Engrossed- 37 -LRB104 19493 HLH 32941 b

1production-related investment that is approved by the
2Department after receipt by the Department of a complete
3application for initial certification of a production.
4    "Tax credit award" means the issuance to a taxpayer by the
5Department of a tax credit award against the taxes imposed by
6subsections (a) and (b) of Section 201 of the Illinois Income
7Tax 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
11addition to those powers granted under the Civil
12Administrative Code of Illinois, is granted and has all the
13powers necessary or convenient to carry out and effectuate the
14purposes and provisions of this Act, including, but not
15limited 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;

 

 

HB5470 Engrossed- 38 -LRB104 19493 HLH 32941 b

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

 

 

HB5470 Engrossed- 39 -LRB104 19493 HLH 32941 b

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
16Act, an applicant must file an application for each qualified
17music company at each of the applicant's qualified facilities,
18on forms prescribed by the Department, providing information
19necessary to calculate the tax credit award and any additional
20information as reasonably required by the Department.
21    (b) Upon satisfactory review of the application, the
22Department shall issue a tax credit award certificate stating
23the amount of the tax credit award to which the applicant is
24entitled for that calendar tax year and shall
25contemporaneously notify the applicant and the Department of

 

 

HB5470 Engrossed- 40 -LRB104 19493 HLH 32941 b

1Revenue.
2    (c) For calendar tax years beginning on or after January
31, 2026, January 1, 2025, a taxpayer who has been awarded a tax
4credit under paragraph (b) of this Section is entitled to a
5credit against the taxes imposed under subsections (a) and (b)
6of 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
11January 1, 2026, January 1, 2025, the Department shall
12determine the amount of the tax award under this Act. The award
13may not exceed 10% of the Illinois labor expenditures for the
14State-certified production if the QMC payroll of the qualified
15music company for the calendar taxable year does not exceed
16$150,000 or 15% of the Illinois labor expenditures for the
17State-certified production if the QMC payroll of the qualified
18music company for the calendar taxable year exceeds $150,000,
19plus 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

 

 

HB5470 Engrossed- 41 -LRB104 19493 HLH 32941 b

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
12music company is expended on a sound recording production of a
13resident copyright, the investor shall be allowed an
14additional 10% increase in the base investment rate.
15    (c) The aggregate amount of credits certified for all
16investors pursuant to this Section during any calendar year
17shall not exceed $2,000,000. No more than $200,000 in tax
18credits may be granted per calendar year for any single
19qualified music company.
20    (d) A business is eligible for participation in the
21program 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

 

 

HB5470 Engrossed- 42 -LRB104 19493 HLH 32941 b

1Department shall issue a tax credit certificate to the
2applicant.
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
6reports.
7    (a) (Blank).
8    The Department may make a recommendation to extend,
9modify, 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
12year, the Department shall submit to the General Assembly a
13report for the prior calendar year that includes, without
14limitation:
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.

 

 

HB5470 Engrossed- 43 -LRB104 19493 HLH 32941 b

1(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24;
2104-283, eff. 8-15-25.)
 
3    Section 40. The Southeastern Illinois Economic Development
4Authority 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
8politic, and municipal corporation named the Southeastern
9Illinois Economic Development Authority. The territorial
10jurisdiction of the Authority is that geographic area within
11the boundaries of the following counties: Fayette, Cumberland,
12Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland,
13Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and
14White; Irvington Township in Washington County; and any
15navigable waters and air space located therein.
16    (b) The governing and administrative powers of the
17Authority shall be vested in a body consisting of 26 public 27
18members 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,

 

 

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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
8jurisdiction of the Authority. The public members shall be
9persons of recognized ability and experience in one or more of
10the following areas: economic development, finance, banking,
11industrial development, state or local government, commercial
12agriculture, small business management, real estate
13development, community development, venture finance, organized
14labor, or civic or community organization.
15    (c) Fourteen members shall constitute a quorum, and the
16Board may not meet or take any action without a quorum present.
17    (d) The chairman of the Authority shall be elected
18annually by the Board.
19    (e) The terms of the initial members of the Authority
20shall begin 30 days after the effective date of this Act. Of
21the 10 original members appointed by the Governor and the
22Director of Commerce and Economic Opportunity pursuant to
23subsection (b), one shall serve until the third Monday in
24January, 2005; one shall serve until the third Monday in
25January, 2006; 2 shall serve until the third Monday in
26January, 2007; 2 shall serve until the third Monday in

 

 

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1January, 2008; 2 shall serve until the third Monday in
2January, 2009; and 2 shall serve until the third Monday in
3January, 2010. The terms of the initial public members of the
4Authority appointed by the county board chairmen shall begin
530 days after the effective date of this amendatory Act of the
697th General Assembly. The terms of the initial public members
7appointed by the county board chairmen shall be determined by
8lot, according to the following schedule: (i) 4 shall serve
9until the third Monday in January, 2013, (ii) 4 shall serve
10until the third Monday in January, 2014, (iii) 3 shall serve
11until the third Monday in January, 2015, (iv) 3 shall serve
12until the third Monday in January, 2016, and (v) 3 shall serve
13until the third Monday in January, 2017. All successors to
14these initial members shall be appointed by the original
15appointing authority pursuant to subsection (b), and shall
16hold office for a term of 3 years commencing the third Monday
17in January of the year in which their term commences, except in
18the case of an appointment to fill a vacancy. Vacancies
19occurring among the members shall be filled for the remainder
20of the term. In case of a vacancy in a Governor-appointed
21membership when the Senate is not in session, the Governor may
22make a temporary appointment until the next meeting of the
23Senate when a person shall be nominated to fill the office and,
24upon confirmation by the Senate, he or she shall hold office
25during the remainder of the term and until a successor is
26appointed and qualified. Members of the Authority are not

 

 

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1entitled to compensation for their services as members but are
2entitled to reimbursement for all necessary expenses incurred
3in connection with the performance of their duties as members.
4Members of the Board may participate in Board meetings by
5teleconference or video conference.
6    (f) The Governor may remove any public member of the
7Authority appointed by the Governor, and the Director of
8Commerce and Economic Opportunity may remove any member
9appointed by the Director, in case of incompetence, neglect of
10duty, or malfeasance in office. The chairman of a county
11board, with the approval of a majority vote of the county
12board, may remove any public member appointed by that chairman
13in the case of incompetence, neglect of duty, or malfeasance
14in office.
15    (g) The Board shall appoint an Executive Director who
16shall have a background in finance, including familiarity with
17the legal and procedural requirements of issuing bonds, real
18estate, or economic development and administration. The
19Executive Director shall hold office at the discretion of the
20Board. The Executive Director shall be the chief
21administrative and operational officer of the Authority, shall
22direct and supervise its administrative affairs and general
23management, perform such other duties as may be prescribed
24from time to time by the members, and receive compensation
25fixed by the Authority. The Executive Director shall attend
26all meetings of the Authority. However, no action of the

 

 

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1Authority shall be invalid on account of the absence of the
2Executive Director from a meeting. The Authority may engage
3the services of the Illinois Finance Authority, attorneys,
4appraisers, engineers, accountants, credit analysts, and other
5consultants, if the Southeastern Illinois Economic Development
6Authority deems it advisable.
7(Source: P.A. 103-517, eff. 8-11-23.)
 
8    Section 45. The Broadband Advisory Council Act is amended
9by 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

 

 

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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,

 

 

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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
7Act, the Council is hereby granted the powers necessary to
8carry out the purpose and intent of this Act, as enumerated in
9this 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

 

 

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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
13and the Governor on bringing broadband service to unserved and
14underserved rural and urban areas and improving broadband
15service statewide, (2) advise and make recommendations to the
16General Assembly and the Governor on facilitating broadband
17adoption by all citizens, and (3) propose statutory changes
18that may enhance and expand broadband in the State.
19    (e) The Council shall report to the General Assembly on or
20before January 31 January 1 of each year. The report to the
21General Assembly shall be filed with the Clerk of the House of
22Representatives and the Secretary of the Senate in electronic
23form only, in the manner that the Clerk and the Secretary shall
24direct. The report shall include the action that was taken by
25the Council during the previous year in carrying out the
26provisions of this Act. The Council shall also make any other

 

 

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1reports as may be required by the General Assembly or the
2Governor.
3(Source: P.A. 103-483, eff. 8-4-23.)
 
4    Section 50. The Energy Assistance Act is amended by
5changing 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
9Opportunity is created a Low Income Energy Assistance Policy
10Advisory Council.
11    (b) The Council shall be chaired by the Director of
12Commerce and Economic Opportunity or his or her designee.
13There shall be 17 19 members of the Low Income Energy
14Assistance Policy Advisory Council, including the chairperson
15and 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;

 

 

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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
26terms and until their successors are appointed and qualified.

 

 

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1The designating organization shall notify the chairperson of
2any changes or substitutions of a designee within 10 business
3days of a change or substitution. Members shall serve without
4compensation, but may receive reimbursement for actual costs
5incurred 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

 

 

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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
6by 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
10shall establish grant and loan programs, subject to
11appropriations from the Cannabis Business Development Fund,
12for the purposes of providing financial assistance, loans,
13grants, and technical assistance to Social Equity Applicants.
14    (b) The Department of Commerce and Economic Opportunity
15has 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

 

 

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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.

 

 

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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
14competitive and annual basis under the Grant Accountability
15and Transparency Act. Grants made under this Section shall
16further and promote the goals of this Act, including promotion
17of Social Equity Applicants, job training and workforce
18development, and technical assistance to Social Equity
19Applicants.
20    (e) On or before January 31 of Beginning January 1, 2021
21and each year thereafter, the Department shall annually report
22to the Governor and the General Assembly on the outcomes and
23effectiveness of this Section that shall include the
24following:
25        (1) the number of persons or businesses receiving
26    financial assistance under this Section;

 

 

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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
10shall include engagement with individuals with limited English
11proficiency as part of its outreach provided or targeted to
12attract 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
15becoming law.