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| | HB5470 Engrossed | | LRB104 19493 HLH 32941 b |
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| 1 | | AN ACT concerning State government. |
| 2 | | Be it enacted by the People of the State of Illinois, |
| 3 | | represented in the General Assembly: |
| 4 | | Section 5. The Department of Commerce and Economic |
| 5 | | Opportunity Law of the Civil Administrative Code of Illinois |
| 6 | | is amended by changing Sections 605-300, 605-465, 605-503, |
| 7 | | 605-913, 605-1007, and 605-1032 as follows: |
| 8 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2) |
| 9 | | Sec. 605-300. Economic development plans. The Department |
| 10 | | shall develop a strategic economic development plan for the |
| 11 | | State by July 1, 2014. By no later than January 31 July 1, |
| 12 | | 2015, and by July 1 annually thereafter, the Department shall |
| 13 | | make modifications to the plan as modifications are warranted |
| 14 | | by changes in economic conditions or by other factors, |
| 15 | | including changes in policy. In addition to the annual |
| 16 | | modification, the plan shall be reviewed and redeveloped in |
| 17 | | full every 5 years. In the development of the annual economic |
| 18 | | development plan, the Department shall consult with |
| 19 | | representatives of the private sector, other State agencies, |
| 20 | | academic institutions, local economic development |
| 21 | | organizations, local governments, and not-for-profit |
| 22 | | organizations. The annual economic development plan shall set |
| 23 | | specific, measurable, attainable, relevant, and time-sensitive |
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| 1 | | goals and shall include a focus on areas of high unemployment |
| 2 | | or poverty. |
| 3 | | The term "economic development" shall be construed broadly |
| 4 | | by the Department and may include, but is not limited to, job |
| 5 | | creation, job retention, tax base enhancements, development of |
| 6 | | human capital, workforce productivity, critical |
| 7 | | infrastructure, regional competitiveness, social inclusion, |
| 8 | | standard of living, environmental sustainability, energy |
| 9 | | independence, quality of life, the effective use of financial |
| 10 | | incentives, the utilization of public private partnerships |
| 11 | | where appropriate, and other metrics determined by the |
| 12 | | Department. |
| 13 | | The plan shall be based on relevant economic data, focus |
| 14 | | on economic development as prescribed by this Section, and |
| 15 | | emphasize strategies to retain and create jobs. |
| 16 | | The plan shall identify and develop specific strategies |
| 17 | | for utilizing the assets of regions within the State defined |
| 18 | | as counties and municipalities or other political subdivisions |
| 19 | | in close geographical proximity that share common economic |
| 20 | | traits such as commuting zones, labor market areas, or other |
| 21 | | economically integrated characteristics. |
| 22 | | If the plan includes strategies that have a fiscal impact |
| 23 | | on the Department or any other agency, the plan shall include a |
| 24 | | detailed description of the estimated fiscal impact of such |
| 25 | | strategies. |
| 26 | | Prior to publishing the plan in its final form, the |
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| 1 | | Department shall allow for a reasonable time for public input. |
| 2 | | The Department shall transmit copies of the economic |
| 3 | | development plan to the Governor and the General Assembly no |
| 4 | | later than July 1, 2014, and by July 1 annually thereafter. The |
| 5 | | plan and its corresponding modifications shall be published |
| 6 | | and made available to the public in both paper and electronic |
| 7 | | media, on the Department's website, and by any other method |
| 8 | | that the Department deems appropriate. |
| 9 | | The Department shall annually submit legislation to |
| 10 | | implement the strategic economic development plan or |
| 11 | | modifications to the strategic economic development plan to |
| 12 | | the Governor, the President and Minority Leader of the Senate, |
| 13 | | and the Speaker and the Minority Leader of the House of |
| 14 | | Representatives. The legislation shall be in the form of one |
| 15 | | or more substantive bills drafted by the Legislative Reference |
| 16 | | Bureau. |
| 17 | | (Source: P.A. 104-435, eff. 11-21-25.) |
| 18 | | (20 ILCS 605/605-465) |
| 19 | | Sec. 605-465. Comprehensive website information. |
| 20 | | (a) The Department's official website must contain a |
| 21 | | comprehensive list of State, local, and federal economic |
| 22 | | benefits available to businesses in each of the State's |
| 23 | | counties and municipalities that the Department includes on |
| 24 | | its website. In order to do so: |
| 25 | | (1) The Department annually must request a summary of |
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| 1 | | available economic benefits from each of the State's |
| 2 | | counties and municipalities that are linked to the |
| 3 | | Department's website. |
| 4 | | (2) The information obtained under paragraph (1) must |
| 5 | | be published on the related web pages of the Department's |
| 6 | | website. |
| 7 | | (3) The Department's website shall also provide |
| 8 | | information regarding available federal economic benefits |
| 9 | | to the extent possible. |
| 10 | | (b) The Department shall adopt rules for the |
| 11 | | implementation of this Section. |
| 12 | | (c) This Section is repealed on July 1, 2026. |
| 13 | | (Source: P.A. 97-721, eff. 6-29-12.) |
| 14 | | (20 ILCS 605/605-503) |
| 15 | | Sec. 605-503. Entrepreneurship assistance centers. |
| 16 | | (a) The Department shall establish and support, subject to |
| 17 | | appropriation, entrepreneurship assistance centers, including |
| 18 | | the issuance of grants, at career education agencies and |
| 19 | | not-for-profit corporations, including, but not limited to, |
| 20 | | local development corporations, chambers of commerce, |
| 21 | | community-based business outreach centers, and other |
| 22 | | community-based organizations. The purpose of the centers |
| 23 | | shall be to train minority group members, women, individuals |
| 24 | | with a disability, dislocated workers, veterans, and youth |
| 25 | | entrepreneurs in the principles and practice of |
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| 1 | | entrepreneurship in order to prepare those persons to pursue |
| 2 | | self-employment opportunities and to pursue a minority |
| 3 | | business enterprise or a women-owned business enterprise. The |
| 4 | | centers shall provide for training in all aspects of business |
| 5 | | development and small business management as defined by the |
| 6 | | Department. |
| 7 | | (b) The Department shall establish criteria for selection |
| 8 | | and designation of the centers which shall include, but not be |
| 9 | | limited to: |
| 10 | | (1) the level of support for the center from local |
| 11 | | post-secondary education institutions, businesses, and |
| 12 | | government; |
| 13 | | (2) the level of financial assistance provided at the |
| 14 | | local and federal level to support the operations of the |
| 15 | | center; |
| 16 | | (3) the applicant's understanding of program goals and |
| 17 | | objectives articulated by the Department; |
| 18 | | (4) the plans of the center to supplement State and |
| 19 | | local funding through fees for services which may be based |
| 20 | | on a sliding scale based on ability to pay; |
| 21 | | (5) the need for and anticipated impact of the center |
| 22 | | on the community in which it will function; |
| 23 | | (6) the quality of the proposed work plan and staff of |
| 24 | | the center; and |
| 25 | | (7) the extent of economic distress in the area to be |
| 26 | | served. |
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| 1 | | (c) Each center shall: |
| 2 | | (1) be operated by a board of directors representing |
| 3 | | community leaders in business, education, finance, and |
| 4 | | government; |
| 5 | | (2) be incorporated as a not-for-profit corporation; |
| 6 | | (3) be located in an area accessible to eligible |
| 7 | | clients; |
| 8 | | (4) establish an advisory group of community business |
| 9 | | experts, at least one-half of whom shall be representative |
| 10 | | of the clientele to be served by the center, which shall |
| 11 | | constitute a support network to provide counseling and |
| 12 | | mentoring services to minority group members, women, |
| 13 | | individuals with a disability, dislocated workers, |
| 14 | | veterans, and youth entrepreneurs from the concept stage |
| 15 | | of development through the first one to 2 years of |
| 16 | | existence on a regular basis and as needed thereafter; and |
| 17 | | (5) establish a referral system and linkages to |
| 18 | | existing area small business assistance programs and |
| 19 | | financing sources. |
| 20 | | (d) Each entrepreneurship assistance center shall provide |
| 21 | | needed services to eligible clients, including, but not |
| 22 | | limited to: (i) orientation and screening of prospective |
| 23 | | entrepreneurs; (ii) analysis of business concepts and |
| 24 | | technical feasibility; (iii) market analysis; (iv) management |
| 25 | | analysis and counseling; (v) business planning and financial |
| 26 | | planning assistance; (vi) referrals to financial resources; |
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| 1 | | (vii) referrals to existing educational programs for training |
| 2 | | in such areas as marketing, accounting, and other training |
| 3 | | programs as may be necessary and available; and (viii) |
| 4 | | referrals to business incubator facilities, when appropriate, |
| 5 | | for the purpose of entering into agreements to access shared |
| 6 | | support services. |
| 7 | | (e) Applications for grants made under this Section shall |
| 8 | | be made in the manner and on forms prescribed by the |
| 9 | | Department. The application shall include, but shall not be |
| 10 | | limited to: |
| 11 | | (1) a description of the training programs available |
| 12 | | within the geographic area to be served by the center to |
| 13 | | which eligible clients may be referred; |
| 14 | | (2) designation of a program director; |
| 15 | | (3) plans for providing ongoing technical assistance |
| 16 | | to program graduates, including linkages with providers of |
| 17 | | other entrepreneurial assistance programs and with |
| 18 | | providers of small business technical assistance and |
| 19 | | services; |
| 20 | | (4) a program budget, including matching funds, |
| 21 | | in-kind and otherwise, to be provided by the applicant; |
| 22 | | and |
| 23 | | (5) any other requirements as deemed necessary by the |
| 24 | | Department. |
| 25 | | (f) Grants made under this Section shall be disbursed for |
| 26 | | payment of the cost of services and expenses of the program |
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| 1 | | director, the instructors of the participating career |
| 2 | | education agency or not-for-profit corporation, the faculty |
| 3 | | and support personnel thereof, and any other person in the |
| 4 | | service of providing instruction and counseling in furtherance |
| 5 | | of the program. |
| 6 | | (g) The Department shall monitor the performance of each |
| 7 | | entrepreneurial assistance center and require quarterly |
| 8 | | reports from each center at such time and in such a manner as |
| 9 | | prescribed by the Department. |
| 10 | | The Department shall also evaluate the entrepreneurial |
| 11 | | assistance centers established under this Section and report |
| 12 | | annually beginning on January 1, 2023, and on or before |
| 13 | | January 31 January 1 of each year thereafter, the results of |
| 14 | | the evaluation to the Governor and the General Assembly. The |
| 15 | | report shall discuss the extent to which the centers serve |
| 16 | | minority group members, women, individuals with a disability, |
| 17 | | dislocated workers, veterans, and youth entrepreneurs; the |
| 18 | | extent to which the training program is coordinated with other |
| 19 | | assistance programs targeted to small and new businesses; the |
| 20 | | ability of the program to leverage other sources of funding |
| 21 | | and support; and the success of the program in aiding |
| 22 | | entrepreneurs to start up new businesses, including the number |
| 23 | | of new business start-ups resulting from the program. The |
| 24 | | report shall recommend changes and improvements in the |
| 25 | | training program and in the quality of supplemental technical |
| 26 | | assistance offered to graduates of the training programs. The |
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| 1 | | report shall be made available to the public on the |
| 2 | | Department's website. Between evaluation due dates, the |
| 3 | | Department shall maintain the necessary records and data |
| 4 | | required to satisfy the evaluation requirements. |
| 5 | | (h) For purposes of this Section: |
| 6 | | "Entrepreneurship assistance center" or "center" means the |
| 7 | | business development centers or programs which provide |
| 8 | | assistance to primarily minority group members, women, |
| 9 | | individuals with a disability, dislocated workers, veterans, |
| 10 | | and youth entrepreneurs under this Section. |
| 11 | | "Disability" means, with respect to an individual: (i) a |
| 12 | | physical or mental impairment that substantially limits one or |
| 13 | | more of the major life activities of an individual; (ii) a |
| 14 | | record of such an impairment; or (iii) being regarded as |
| 15 | | having an impairment. |
| 16 | | "Minority business enterprise" has the same meaning as |
| 17 | | provided for "minority-owned business" under Section 2 of the |
| 18 | | Business Enterprise for Minorities, Women, and Persons with |
| 19 | | Disabilities Act. |
| 20 | | "Minority group member" has the same meaning as provided |
| 21 | | for "minority person" under Section 2 of the Business |
| 22 | | Enterprise for Minorities, Women, and Persons with |
| 23 | | Disabilities Act. |
| 24 | | "Women-owned business enterprise" has the same meaning as |
| 25 | | provided for "women-owned business" under Section 2 of the |
| 26 | | Business Enterprise for Minorities, Women, and Persons with |
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| 1 | | Disabilities Act. |
| 2 | | "Veteran" means a person who served in and who has |
| 3 | | received an honorable or general discharge from, the United |
| 4 | | States Army, Navy, Air Force, Space Force, Marines, Coast |
| 5 | | Guard, or reserves thereof, or who served in the Army National |
| 6 | | Guard, Air National Guard, or Illinois National Guard. |
| 7 | | "Youth entrepreneur" means a person who is between the |
| 8 | | ages of 16 and 29 years old and is seeking community support to |
| 9 | | start a business in Illinois. |
| 10 | | (Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23; |
| 11 | | 103-154, eff. 6-30-23; 103-746, eff. 1-1-25.) |
| 12 | | (20 ILCS 605/605-913) |
| 13 | | Sec. 605-913. Clean Water Workforce Pipeline Program. |
| 14 | | (a) The General Assembly finds the following: |
| 15 | | (1) The fresh surface water and groundwater supply in |
| 16 | | Illinois and Lake Michigan constitute vital natural |
| 17 | | resources that require careful stewardship and protection |
| 18 | | for future generations. Access to safe and clean drinking |
| 19 | | water is the right of all Illinois residents. |
| 20 | | (2) To adequately protect these resources and provide |
| 21 | | safe and clean drinking water, substantial investment is |
| 22 | | needed to replace lead components in drinking water |
| 23 | | infrastructure, improve wastewater treatment, flood |
| 24 | | control, and stormwater management, control aquatic |
| 25 | | invasive species, implement green infrastructure |
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| 1 | | solutions, and implement other infrastructure solutions to |
| 2 | | protect water quality. |
| 3 | | (3) Implementing these clean water solutions will |
| 4 | | require a skilled and trained workforce, and new |
| 5 | | investments will demand additional workers with |
| 6 | | specialized skills. |
| 7 | | (4) Water infrastructure jobs have been shown to |
| 8 | | provide living wages and contribute to Illinois' economy. |
| 9 | | (5) Significant populations of Illinois residents, |
| 10 | | including, but not limited to, residents of environmental |
| 11 | | justice communities, economically and socially |
| 12 | | disadvantaged communities, those returning from the |
| 13 | | criminal justice system, foster care alumni, and in |
| 14 | | particular women and transgender persons, are in need of |
| 15 | | access to skilled living wage jobs like those in the water |
| 16 | | infrastructure sector. |
| 17 | | (6) Many of these residents are more likely to live in |
| 18 | | communities with aging and inadequate clean water |
| 19 | | infrastructure and suffer from threats to surface and |
| 20 | | drinking water quality. |
| 21 | | (7) The State can provide significant economic |
| 22 | | opportunities to these residents and achieve greater |
| 23 | | environmental and public health by investing in clean |
| 24 | | water infrastructure. |
| 25 | | (8) New training, recruitment, support, and placement |
| 26 | | efforts are needed to connect these residents with career |
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| 1 | | opportunities in water infrastructure. |
| 2 | | (9) The State must invest in both clean water |
| 3 | | infrastructure and workforce development efforts in order |
| 4 | | to achieve these goals. |
| 5 | | (b) Subject to appropriation, From appropriations made |
| 6 | | from the Build Illinois Bond Fund, Capital Development Fund, |
| 7 | | or General Revenue Fund or other funds as identified by the |
| 8 | | Department, the Department may shall create a Clean Water |
| 9 | | Workforce Pipeline Program to provide grants and other |
| 10 | | financial assistance to prepare and support individuals for |
| 11 | | careers in water infrastructure. All funding provided by the |
| 12 | | Program under this Section shall be designed to encourage and |
| 13 | | facilitate employment in projects funded through State capital |
| 14 | | investment and provide participants a skill set to allow them |
| 15 | | to work professionally in fields related to water |
| 16 | | infrastructure. |
| 17 | | Grants and other financial assistance may be made |
| 18 | | available on a competitive annual basis to organizations that |
| 19 | | demonstrate a capacity to recruit, support, train, and place |
| 20 | | individuals in water infrastructure careers, including, but |
| 21 | | not limited to, community organizations, educational |
| 22 | | institutions, workforce investment boards, community action |
| 23 | | agencies, and multi-craft labor organizations for new efforts |
| 24 | | specifically focused on engaging residents of environmental |
| 25 | | justice communities, economically and socially disadvantaged |
| 26 | | communities, those returning from the criminal justice system, |
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| 1 | | foster care alumni, and in particular women and transgender |
| 2 | | persons in these populations. |
| 3 | | Grants and other financial assistance may shall be awarded |
| 4 | | on a competitive and annual basis for the following |
| 5 | | activities: |
| 6 | | (1) identification of individuals for job training in |
| 7 | | the water sector; |
| 8 | | (2) counseling, preparation, skills training, and |
| 9 | | other support to increase a candidate's likelihood of |
| 10 | | success in a job training program and career; |
| 11 | | (3) financial support for individuals in a water |
| 12 | | sector job skills training program, support services, and |
| 13 | | transportation assistance tied to training under this |
| 14 | | Section; |
| 15 | | (4) job placement services for individuals during and |
| 16 | | after completion of water sector job skills training |
| 17 | | programs; and |
| 18 | | (5) financial, administrative, and management |
| 19 | | assistance for organizations engaged in these activities. |
| 20 | | (c) It shall be an annual goal of the Program to train and |
| 21 | | place at least 300, or 25% of the number of annual jobs created |
| 22 | | by State financed water infrastructure projects, whichever is |
| 23 | | greater, of the following persons in water sector-related |
| 24 | | apprenticeships annually: residents of environmental justice |
| 25 | | communities; residents of economically and socially |
| 26 | | disadvantaged communities; those returning from the criminal |
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| 1 | | justice system; foster care alumni; and, in particular, women |
| 2 | | and transgender persons. In awarding and administering grants |
| 3 | | under this Program, the Department shall strive to provide |
| 4 | | assistance equitably throughout the State. |
| 5 | | In order to encourage the employment of individuals |
| 6 | | trained through the Program onto projects receiving State |
| 7 | | financial assistance, the Department shall coordinate with the |
| 8 | | Illinois Environmental Protection Agency, the Illinois Finance |
| 9 | | Authority, and other State agencies that provide financial |
| 10 | | support for water infrastructure projects. These agencies |
| 11 | | shall take steps to support attaining the training and |
| 12 | | placement goals set forth in this subsection, using a list of |
| 13 | | projects that receive State financial support. These agencies |
| 14 | | may propose and adopt rules to facilitate the attainment of |
| 15 | | this goal. |
| 16 | | Using funds appropriated for the purposes of this Section, |
| 17 | | the Department may select through a competitive bidding |
| 18 | | process a Program Administrator to oversee the allocation of |
| 19 | | funds and select organizations that receive funding. |
| 20 | | The Department may require recipients of grants under this |
| 21 | | Program to Recipients of grants under the Program shall report |
| 22 | | annually to the Department, at intervals determined by the |
| 23 | | Department, on the success of their efforts and their |
| 24 | | contribution to reaching the goals of the Program provided in |
| 25 | | this subsection. To the extent possible based on reporting |
| 26 | | provided by recipients of grants under this Program, the The |
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| 1 | | Department shall compile this information and periodically |
| 2 | | annually report to the General Assembly on the Program, |
| 3 | | including, but not limited to, the following information: |
| 4 | | (1) progress toward the goals stated in this |
| 5 | | subsection; |
| 6 | | (2) any increase in the percentage of water industry |
| 7 | | jobs in targeted populations; |
| 8 | | (3) any increase in the rate of acceptance, |
| 9 | | completion, or retention of water training programs among |
| 10 | | targeted populations; |
| 11 | | (4) any increase in the rate of employment, including |
| 12 | | hours and annual income, measured against pre-Program |
| 13 | | participant income; and |
| 14 | | (5) any recommendations for future changes to optimize |
| 15 | | the success of the Program. |
| 16 | | (d) Within 180 days after an appropriation is made |
| 17 | | available for the purposes of meeting the requirements of this |
| 18 | | Act, Within 90 days after January 1, 2020 (the effective date |
| 19 | | of Public Act 101-576), the Department shall propose rules for |
| 20 | | adoption a draft plan to implement this Section in accordance |
| 21 | | with the Illinois Administrative Procedure Act, including any |
| 22 | | public comment required by the Joint Committee on |
| 23 | | Administrative Rules. for public comment. The Department shall |
| 24 | | allow a minimum of 60 days for public comment on the plan, |
| 25 | | including one or more public hearings, if requested. The |
| 26 | | Department shall finalize the plan within 180 days of January |
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| 1 | | 1, 2020 (the effective date of Public Act 101-576). |
| 2 | | The Department may propose and adopt any rules necessary |
| 3 | | for the implementation of the Program and to ensure compliance |
| 4 | | with this Section. |
| 5 | | (e) The Water Workforce Development Fund is created as a |
| 6 | | special fund in the State treasury. The Fund shall receive |
| 7 | | moneys appropriated for the purpose of this Section from the |
| 8 | | Build Illinois Bond Fund, the Capital Development Fund, the |
| 9 | | General Revenue Fund and any other funds. Moneys in the Fund |
| 10 | | shall only be used to fund the Program and to assist and enable |
| 11 | | implementation of clean water infrastructure capital |
| 12 | | investments. Notwithstanding any other law to the contrary, |
| 13 | | the Water Workforce Development Fund is not subject to sweeps, |
| 14 | | administrative charge-backs, or any other fiscal or budgetary |
| 15 | | maneuver that would in any way transfer any amounts from the |
| 16 | | Water Workforce Development Fund into any other fund of the |
| 17 | | State. |
| 18 | | (f) For purpose of this Section: |
| 19 | | "Environmental justice community" has the meaning provided |
| 20 | | in subsection (b) of Section 1-50 of the Illinois Power Agency |
| 21 | | Act. |
| 22 | | "Multi-craft labor organization" means a joint |
| 23 | | labor-management apprenticeship program registered with and |
| 24 | | approved by the United States Department of Labor's Office of |
| 25 | | Apprenticeship or a labor organization that has an accredited |
| 26 | | training program through the Higher Learning Commission or the |
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| 1 | | Illinois Community College Board. |
| 2 | | "Organization" means a corporation, company, partnership, |
| 3 | | association, society, order, labor organization, or individual |
| 4 | | or aggregation of individuals. |
| 5 | | (Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.) |
| 6 | | (20 ILCS 605/605-1007) |
| 7 | | Sec. 605-1007. New business permitting portal. |
| 8 | | (a) By July 1, 2017, the Department shall, subject to |
| 9 | | appropriation, create and maintain, in consultation with the |
| 10 | | Department of Innovation and Technology, a website to help |
| 11 | | persons wishing to create new businesses or relocate |
| 12 | | businesses to Illinois. The Department shall consult with at |
| 13 | | least one organization representing small businesses in this |
| 14 | | State while creating the website. |
| 15 | | (b) The website shall include: |
| 16 | | (1) an estimate of license and permitting fees for |
| 17 | | different businesses; |
| 18 | | (2) State government application forms for business |
| 19 | | licensing or registration; |
| 20 | | (3) hyperlinks to websites of the responsible agency |
| 21 | | or organization responsible for accepting the application; |
| 22 | | and |
| 23 | | (4) contact information for any local government |
| 24 | | permitting agencies that may be relevant. |
| 25 | | (c) The Department shall maintain an integrated digital |
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| 1 | | platform for business permitting and licensing information in |
| 2 | | collaboration with all State agencies with regulatory |
| 3 | | authority over business activities. Those agencies shall |
| 4 | | provide, maintain, and update their required business forms, |
| 5 | | instructions, and related content in the shared content |
| 6 | | management system or other Department-designated platform on |
| 7 | | an ongoing basis, in accordance with guidance issued by the |
| 8 | | Department. Agencies shall also maintain current and accurate |
| 9 | | business-related content on their primary public websites to |
| 10 | | ensure efficient integration and curation of information into |
| 11 | | the portal. contact all agencies to obtain business forms and |
| 12 | | other information for this website. Those agencies shall |
| 13 | | respond to the Department before July 1, 2016. |
| 14 | | (d) The website shall also include some mechanism for the |
| 15 | | potential business owner to request more information from the |
| 16 | | Department that may be helpful in starting the business, |
| 17 | | including, but not limited to, State-based incentives that the |
| 18 | | business owner may qualify for when starting or relocating a |
| 19 | | business. |
| 20 | | (e) The Department shall ensure that the portal is kept |
| 21 | | current through continuous content management processes. State |
| 22 | | agencies with regulatory authority over business activities |
| 23 | | shall notify the Department or update the shared content |
| 24 | | management system promptly when changes to forms, fees, |
| 25 | | processes, requirements, or other relevant information occur, |
| 26 | | and shall review and confirm the accuracy of its application |
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| 1 | | forms and related content at least annually. update the |
| 2 | | website at least once a year before July 1. The Department |
| 3 | | shall request that other State agencies report any changes in |
| 4 | | applicable application forms to the Department by June 1 of |
| 5 | | every year after 2016. |
| 6 | | (Source: P.A. 102-276, eff. 8-6-21.) |
| 7 | | (20 ILCS 605/605-1032) |
| 8 | | Sec. 605-1032. Office of Economic Equity and Empowerment. |
| 9 | | (a) As used in this Section: |
| 10 | | "Eligible not-for-profit corporation" means a |
| 11 | | not-for-profit corporation, as defined in Section 101.80 of |
| 12 | | the General Not For Profit Corporation Act of 1986, that |
| 13 | | primarily serves minorities, women, veterans, or persons with |
| 14 | | a disability. |
| 15 | | "Office" means the Office of Economic Equity and |
| 16 | | Empowerment. |
| 17 | | (b) The Office of Economic Equity and Empowerment is |
| 18 | | hereby created within the Department. The Office shall assist |
| 19 | | minority-owned businesses, women-owned businesses, |
| 20 | | veteran-owned businesses, businesses owned by persons with |
| 21 | | disabilities, eligible not-for-profit corporations, and other |
| 22 | | underserved communities and constituencies through targeted |
| 23 | | programs, resources, and outreach and promotional activities. |
| 24 | | The Office may engage in or conduct the following activities: |
| 25 | | (1) promoting and conducting outreach efforts to |
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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 |
| 4 | | assistance that is focused on the revitalization and economic |
| 5 | | stabilization of urban areas in the State. This assistance may |
| 6 | | include programming, communication, and cross-coordination of |
| 7 | | existing State programs designed to stimulate the economic |
| 8 | | growth of under-resourced and underserved urban areas of the |
| 9 | | State. Among other duties assigned by the Department, subject |
| 10 | | to appropriation, the Office is authorized to do the |
| 11 | | following: |
| 12 | | (1) To the extent possible, to assist in the |
| 13 | | coordination and communication of the activities of the |
| 14 | | following units and programs of the Department and all |
| 15 | | other present and future units and programs of the |
| 16 | | Department that impact under-resourced or underserved |
| 17 | | urban areas to the extent that they may assist urban areas |
| 18 | | and urban economics: |
| 19 | | (A) the Enterprise Zone Program; |
| 20 | | (B) the Small Business Development Center Program; |
| 21 | | (C) the Low-Income Heating and Energy Assistance |
| 22 | | Program (LIHEAP) and related energy assistance |
| 23 | | programs; |
| 24 | | (D) programs funded through Community Services |
| 25 | | Block Grant funds; |
| 26 | | (E) programs funded through Community Development |
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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 |
| 25 | | carry 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 |
| 3 | | Opportunity Law of the Civil Administrative Code of Illinois |
| 4 | | is amended by repealing Section 605-400. |
| 5 | | Section 10. The Illinois Enterprise Zone Act is amended by |
| 6 | | changing Section 12-9 as follows: |
| 7 | | (20 ILCS 655/12-9) (from Ch. 67 1/2, par. 626) |
| 8 | | Sec. 12-9. Report. On January 31 January 1 of each year, |
| 9 | | the Department shall report on its operation of the Fund for |
| 10 | | the preceding fiscal year to the Governor and the General |
| 11 | | Assembly. For any fiscal year in which no operations are |
| 12 | | conducted by the Department because no funds were appropriated |
| 13 | | to the Fund, the report outlined by this Section is not |
| 14 | | required. |
| 15 | | (Source: P.A. 102-108, eff. 1-1-22.) |
| 16 | | Section 13. The Illinois Promotion Act is amended by |
| 17 | | changing Section 4b as follows: |
| 18 | | (20 ILCS 665/4b) |
| 19 | | Sec. 4b. Coordinating Committee. There is created a |
| 20 | | Coordinating Committee of State agencies involved with tourism |
| 21 | | in the State of Illinois. The Committee shall consist of the |
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| 1 | | Director of Commerce and Economic Opportunity or the |
| 2 | | Director's designee, as chairman, the Lieutenant Governor or |
| 3 | | the Lieutenant Governor's designee, the Secretary of |
| 4 | | Transportation or his or her designee, and the head executive |
| 5 | | officer or his or her designee of the following: the Lincoln |
| 6 | | Presidential Library; the Department of Natural Resources; the |
| 7 | | Department of Agriculture; the Illinois Arts Council; the |
| 8 | | Illinois Community College Board; and the Board of Higher |
| 9 | | Education. The Committee shall also include 4 members of the |
| 10 | | Illinois General Assembly, one of whom shall be named by the |
| 11 | | Speaker of the House of Representatives, one of whom shall be |
| 12 | | named by the Minority Leader of the House of Representatives, |
| 13 | | one of whom who shall be named by the President of the Senate, |
| 14 | | and one of whom shall be named by the Minority Leader of the |
| 15 | | Senate. The Committee shall meet at least quarterly and at |
| 16 | | other times as called by the chair. The Committee shall |
| 17 | | coordinate the promotion and development of tourism activities |
| 18 | | throughout State government. |
| 19 | | (Source: P.A. 102-278, eff. 8-6-21.) |
| 20 | | (20 ILCS 5075/Act rep.) |
| 21 | | Section 20. The Opportunities for At-Risk Women Act is |
| 22 | | repealed. |
| 23 | | Section 23. The Illinois Council on Women and Girls Act is |
| 24 | | amended by changing Section 15 as follows: |
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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 |
| 4 | | and Girls. |
| 5 | | (b) The Council shall advise the Governor and the General |
| 6 | | Assembly on policy issues impacting women and girls in this |
| 7 | | State, including, but not limited to, the following goals: |
| 8 | | (1) to advance the role and civic participation of |
| 9 | | women and girls in this State; |
| 10 | | (2) to put in place programs and advocate policies |
| 11 | | that work to end the gender pay gap and discrimination in |
| 12 | | professional and academic opportunities; |
| 13 | | (3) to promote resources and opportunities for |
| 14 | | academic and professional growth; |
| 15 | | (4) to allow women and young girls to have legal |
| 16 | | protections and recourse in cases of sexual harassment in |
| 17 | | the workplace; |
| 18 | | (5) to prevent and protect women from domestic |
| 19 | | violence; |
| 20 | | (6) to provide proper standards of healthcare, and to |
| 21 | | study the disparate impacts on women as it pertains to |
| 22 | | diverse demographics; |
| 23 | | (7) to promote increased access to reproductive health |
| 24 | | care; |
| 25 | | (8) to protect women who are transgender from violence |
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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 |
| 13 | | subcommittees. The Council may create a Subcommittee on |
| 14 | | Opportunities for Women At Risk of Being Justice Impacted. The |
| 15 | | Subcommittee on Opportunities for Women At Risk of Being |
| 16 | | Justice Impacted may analyze, without limitation, the |
| 17 | | following: |
| 18 | | (1) existing State of Illinois boards, commissions, |
| 19 | | councils, and task forces, as well as State of Illinois |
| 20 | | initiatives and programs, that support women at risk of |
| 21 | | being justice impacted; |
| 22 | | (2) additional statewide councils managed by the |
| 23 | | Department of Corrections; |
| 24 | | (3) all State agencies and offices that help women at |
| 25 | | risk of being justice impacted; |
| 26 | | (4) federal, State, and local government offices that |
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| 1 | | help women at risk of being justice impacted through their |
| 2 | | task forces or programs or that manage corrections and |
| 3 | | jail facilities; |
| 4 | | (5) organizations, including nonprofits, civic groups, |
| 5 | | and faith-based organizations, that support women at risk |
| 6 | | of being justice impacted; |
| 7 | | (6) colleges and universities that support, through |
| 8 | | academic research, initiatives, and programs, women at |
| 9 | | risk of being justice impacted; and |
| 10 | | (7) additional cross-sector organizational resources. |
| 11 | | (d) As used in this Section, "women at risk of being |
| 12 | | justice impacted" means women who are at increased risk of |
| 13 | | incarceration because of historic injustices that have |
| 14 | | perpetuated the lack of access to economic opportunities, such |
| 15 | | as poverty, abuse, addiction, financial challenges, |
| 16 | | illiteracy, or other causes. The term "women at risk of being |
| 17 | | justice impacted" includes, but shall not be limited to, women |
| 18 | | who have previously been incarcerated. |
| 19 | | (Source: P.A. 100-913, eff. 8-17-18.) |
| 20 | | Section 25. The Urban Weatherization Initiative Act is |
| 21 | | amended by changing Section 40-40 as follows: |
| 22 | | (30 ILCS 738/40-40) |
| 23 | | Sec. 40-40. Weatherization Initiative Board. |
| 24 | | (a) Subject to appropriation, the The Weatherization |
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| 1 | | Initiative Board is created within the Department. The Board |
| 2 | | must approve or deny all grants from the Fund. |
| 3 | | (a-5) Notwithstanding any other provision of this Article, |
| 4 | | the Board has the authority to direct the Department to |
| 5 | | authorize the awarding of grants to applicants serving areas |
| 6 | | or populations not included in the target areas and |
| 7 | | populations set forth in Section 40-25 if the Board determines |
| 8 | | that there are special circumstances involving the areas or |
| 9 | | populations served by the applicant. |
| 10 | | (b) The Board shall consist of 5 voting members appointed |
| 11 | | by the Governor with the advice and consent of the Senate. The |
| 12 | | initial members shall have terms as follows as designated by |
| 13 | | the Governor: one for one year, one for 2 years, one for 3 |
| 14 | | years, one for 4 years, and one for 5 years, or until a |
| 15 | | successor is appointed and qualified. Thereafter, members |
| 16 | | shall serve 5-year terms or until a successor is appointed and |
| 17 | | qualified. The voting members shall elect a voting member to |
| 18 | | serve as chair for a one-year term. Vacancies shall be filled |
| 19 | | in the same manner for the balance of a term. |
| 20 | | (c) The Board shall also have 4 non-voting ex officio |
| 21 | | members appointed as follows: one Representative appointed by |
| 22 | | the Speaker of the House, one Representative appointed by the |
| 23 | | House Minority Leader, one Senator appointed by the President |
| 24 | | of the Senate, and one Senator appointed by the Senate |
| 25 | | Minority Leader, each to serve at the pleasure of the |
| 26 | | appointing authority. |
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| 1 | | (d) Members shall receive no compensation, but may be |
| 2 | | reimbursed for necessary expenses from appropriations to the |
| 3 | | Department available for that purpose. |
| 4 | | (e) The Board may adopt rules under the Illinois |
| 5 | | Administrative Procedure Act. |
| 6 | | (f) A quorum of the Board is at least 3 voting members, and |
| 7 | | the affirmative vote of at least 3 voting members is required |
| 8 | | for Board decisions and adoption of rules. |
| 9 | | (g) The Department shall provide staff and administrative |
| 10 | | assistance to the Board. |
| 11 | | (h) By January 31 December 31 of each year, the Board shall |
| 12 | | file an annual report with the Governor and the General |
| 13 | | Assembly concerning the Initiative, grants awarded, and |
| 14 | | grantees and making recommendations for any changes needed to |
| 15 | | enhance the effectiveness of the Initiative. |
| 16 | | (Source: P.A. 96-37, eff. 7-13-09.) |
| 17 | | Section 30. The Build Illinois Act is amended by changing |
| 18 | | Sections 9-9 and 10-9 as follows: |
| 19 | | (30 ILCS 750/9-9) (from Ch. 127, par. 2709-9) |
| 20 | | Sec. 9-9. Annual Report. On January 31 January 1 of each |
| 21 | | year, the Department shall report on its operations of the |
| 22 | | Illinois Capital Revolving Loan Fund and the Illinois Equity |
| 23 | | Fund for the preceding fiscal year to the Governor and the |
| 24 | | General Assembly. |
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| 1 | | (Source: P.A. 84-109.) |
| 2 | | (30 ILCS 750/10-9) (from Ch. 127, par. 2710-9) |
| 3 | | Sec. 10-9. Report. On January 31 January 1 of each year, |
| 4 | | the Department shall report on its operation of the Fund for |
| 5 | | the preceding fiscal year to the Governor and the General |
| 6 | | Assembly. |
| 7 | | (Source: P.A. 84-109.) |
| 8 | | Section 35. The Illinois Income Tax Act is amended by |
| 9 | | changing Section 242 as follows: |
| 10 | | (35 ILCS 5/242) |
| 11 | | Sec. 242. Music and Musicians Tax Credits and Jobs Act. |
| 12 | | Taxpayers who have been awarded a credit under the Music and |
| 13 | | Musicians Tax Credits and Jobs Act are entitled to a credit |
| 14 | | against the taxes imposed by subsections (a) and (b) of |
| 15 | | Section 201 of this Act in an amount determined by the |
| 16 | | Department of Commerce and Economic Opportunity under that |
| 17 | | Act. The credit shall be claimed for in the taxable year in |
| 18 | | which the tax credit award certificate is issued, and the |
| 19 | | certificate shall be attached to the return. If the taxpayer |
| 20 | | is a partnership or Subchapter S corporation, the credit shall |
| 21 | | be allowed to the partners or shareholders in accordance with |
| 22 | | the provisions of Section 251. |
| 23 | | The credit may not reduce the taxpayer's liability to less |
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| 1 | | than zero. If the amount of the credit exceeds the tax |
| 2 | | liability for the year, the excess may be carried forward and |
| 3 | | applied to the tax liability of the 5 taxable years following |
| 4 | | the excess credit year. The credit shall be applied to the |
| 5 | | earliest year for which there is a tax liability. If there are |
| 6 | | credits from more than one tax year that are available to |
| 7 | | offset a liability, the earlier credit shall be applied first. |
| 8 | | (Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24; |
| 9 | | 104-417, eff. 8-15-25.) |
| 10 | | Section 37. The Music and Musicians Tax Credit and Jobs |
| 11 | | Act is amended by changing Sections 50-10, 50-15, 50-35, |
| 12 | | 50-40, and 50-45 as follows: |
| 13 | | (35 ILCS 19/50-10) |
| 14 | | Sec. 50-10. Definitions. As used in this Act: |
| 15 | | "Department" means the Department of Commerce and Economic |
| 16 | | Opportunity. |
| 17 | | "Expenditure in the State" means (i) an expenditure to |
| 18 | | acquire, from a source within the State, property that is |
| 19 | | subject to tax under the Use Tax Act, the Service Use Tax Act, |
| 20 | | the Service Occupation Tax Act, or the Retailers' Occupation |
| 21 | | Tax Act or (ii) an expenditure for compensation for services |
| 22 | | performed within the State that is subject to State income tax |
| 23 | | under the Illinois Income Tax Act. |
| 24 | | "Illinois labor expenditure" means gross salary or wages, |
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| 1 | | including, but not limited to, taxes, benefits, and any other |
| 2 | | consideration incurred or paid to artist employees of the |
| 3 | | applicant for services rendered to and on behalf of the |
| 4 | | qualified music company, provided that the expenditure is: |
| 5 | | (1) incurred or paid by the applicant on or after the |
| 6 | | effective date of this Act for services related to any |
| 7 | | portion of a qualified music company from rehearsals, |
| 8 | | performances, and any other qualified music company |
| 9 | | related activities; |
| 10 | | (2) limited to the first $100,000 of wages incurred or |
| 11 | | paid to each employee of a qualified music production in |
| 12 | | each calendar tax year; |
| 13 | | (3) paid in the calendar year of the State-certified |
| 14 | | production tax year for which the applicant is seeking |
| 15 | | claiming the tax credit award; |
| 16 | | (4) paid to persons residing in Illinois at the time |
| 17 | | payments were made; and |
| 18 | | (5) reasonable under the circumstances. |
| 19 | | "Qualified music company" means an entity that (i) is |
| 20 | | authorized to do business in Illinois, (ii) is engaged |
| 21 | | directly or indirectly in the production, distribution, or |
| 22 | | promotion of music, (iii) is certified by the Department as |
| 23 | | meeting the eligibility requirements of this Act, and (iv) has |
| 24 | | executed a contract with the Department providing the terms |
| 25 | | and conditions for its participation. |
| 26 | | "Qualified music company payroll" or "QMC payroll" means |
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| 1 | | wages reported by the qualified music company in box 1 of each |
| 2 | | W-2 form prepared for an employee of the qualified music |
| 3 | | company who is an Illinois resident. |
| 4 | | "Resident copyright" means the copyright of a musical |
| 5 | | composition written by an Illinois resident or owned by an |
| 6 | | Illinois-domiciled music company, as evidenced by documents of |
| 7 | | ownership, including, but not limited to, registration with |
| 8 | | the United States Copyright Office. |
| 9 | | "Sound recording" means a recording of music, poetry, or a |
| 10 | | spoken-word performance made, in whole or in part, in |
| 11 | | Illinois. "Sound recording" does not include the audio |
| 12 | | portions of dialogue or words spoken and recorded as part of |
| 13 | | television news coverage or athletic events. |
| 14 | | "Sound recording production company" means a company |
| 15 | | engaged in the business of producing sound recordings. "Sound |
| 16 | | recording production company" does not include any person or |
| 17 | | company, or any company owned, affiliated, or controlled, in |
| 18 | | whole or in part, by any company or person, that is in default |
| 19 | | on a loan made by the State or a loan guaranteed by the State, |
| 20 | | nor which has ever declared bankruptcy under which an |
| 21 | | obligation of the company or person to pay or repay public |
| 22 | | funds or moneys was discharged as a part of the bankruptcy. |
| 23 | | "State-certified production" means a sound recording |
| 24 | | production, or a series of productions, including, but not |
| 25 | | limited to, master and demonstration recordings, occurring |
| 26 | | over the course of a 12-month period, and the base |
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| 1 | | production-related investment that is approved by the |
| 2 | | Department after receipt by the Department of a complete |
| 3 | | application for initial certification of a production. |
| 4 | | "Tax credit award" means the issuance to a taxpayer by the |
| 5 | | Department of a tax credit award against the taxes imposed by |
| 6 | | subsections (a) and (b) of Section 201 of the Illinois Income |
| 7 | | Tax Act as provided in this Act. |
| 8 | | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.) |
| 9 | | (35 ILCS 19/50-15) |
| 10 | | Sec. 50-15. Powers of the Department. The Department, in |
| 11 | | addition to those powers granted under the Civil |
| 12 | | Administrative Code of Illinois, is granted and has all the |
| 13 | | powers necessary or convenient to carry out and effectuate the |
| 14 | | purposes and provisions of this Act, including, but not |
| 15 | | limited to, the power and authority to: |
| 16 | | (1) adopt rules that are necessary and appropriate for |
| 17 | | the administration of this Act; |
| 18 | | (2) establish forms for applications, notifications, |
| 19 | | contracts, or any other agreements with respect to tax |
| 20 | | credits under this Act and to accept applications for tax |
| 21 | | credits under this Act at any time during the year; |
| 22 | | (3) assist applicants for tax credits under this Act |
| 23 | | to promote, foster, and support sound recording and live |
| 24 | | theater development and production and its related job |
| 25 | | creation or retention within the State; |
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| 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 |
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| 1 | | the Department, during the applicant's normal business |
| 2 | | hours. Any documents or data made available to the |
| 3 | | Department or received by the Department from the |
| 4 | | applicant by any agent, employee, officer, or service |
| 5 | | provider shall be deemed confidential and shall not |
| 6 | | constitute public records to the extent that the documents |
| 7 | | or data consist of commercial or financial information |
| 8 | | regarding the operation by the applicant of any qualified |
| 9 | | music company theater or any accredited music theater |
| 10 | | production or any recipient of any tax credit award under |
| 11 | | this Act. |
| 12 | | (Source: P.A. 103-592, eff. 6-7-24.) |
| 13 | | (35 ILCS 19/50-35) |
| 14 | | Sec. 50-35. Issuance of tax credit award certificate. |
| 15 | | (a) In order to qualify for a tax credit award under this |
| 16 | | Act, an applicant must file an application for each qualified |
| 17 | | music company at each of the applicant's qualified facilities, |
| 18 | | on forms prescribed by the Department, providing information |
| 19 | | necessary to calculate the tax credit award and any additional |
| 20 | | information as reasonably required by the Department. |
| 21 | | (b) Upon satisfactory review of the application, the |
| 22 | | Department shall issue a tax credit award certificate stating |
| 23 | | the amount of the tax credit award to which the applicant is |
| 24 | | entitled for that calendar tax year and shall |
| 25 | | contemporaneously notify the applicant and the Department of |
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| 1 | | Revenue. |
| 2 | | (c) For calendar tax years beginning on or after January |
| 3 | | 1, 2026, January 1, 2025, a taxpayer who has been awarded a tax |
| 4 | | credit under paragraph (b) of this Section is entitled to a |
| 5 | | credit against the taxes imposed under subsections (a) and (b) |
| 6 | | of Section 201 of the Illinois Income Tax Act. |
| 7 | | (Source: P.A. 103-592, eff. 6-7-24.) |
| 8 | | (35 ILCS 19/50-40) |
| 9 | | Sec. 50-40. Amount and payment of the tax credit award. |
| 10 | | (a) For calendar taxable years beginning on or after |
| 11 | | January 1, 2026, January 1, 2025, the Department shall |
| 12 | | determine the amount of the tax award under this Act. The award |
| 13 | | may not exceed 10% of the Illinois labor expenditures for the |
| 14 | | State-certified production if the QMC payroll of the qualified |
| 15 | | music company for the calendar taxable year does not exceed |
| 16 | | $150,000 or 15% of the Illinois labor expenditures for the |
| 17 | | State-certified production if the QMC payroll of the qualified |
| 18 | | music company for the calendar taxable year exceeds $150,000, |
| 19 | | plus all of the following: |
| 20 | | (1) an additional 15% of the Illinois labor |
| 21 | | expenditures for the State-certified production generated |
| 22 | | by the employment of Illinois residents in geographic |
| 23 | | areas of high poverty or high unemployment in each |
| 24 | | calendar tax year, as determined by the Department; and |
| 25 | | (2) an additional 7% of the Illinois labor |
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| 1 | | expenditures for the State-certified production generated |
| 2 | | by the employment of individuals who are employed at a |
| 3 | | wage of no less than the general prevailing hourly rate as |
| 4 | | paid for work of a similar character in the locality in |
| 5 | | which the work is performed; and |
| 6 | | (3) an additional 7% of the Illinois labor |
| 7 | | expenditures for the State-certified production incurred |
| 8 | | by a qualified music company and spent on post-production |
| 9 | | sound recording for television or film work completed in |
| 10 | | Illinois. |
| 11 | | (b) To the extent that the base investment by a qualified |
| 12 | | music company is expended on a sound recording production of a |
| 13 | | resident copyright, the investor shall be allowed an |
| 14 | | additional 10% increase in the base investment rate. |
| 15 | | (c) The aggregate amount of credits certified for all |
| 16 | | investors pursuant to this Section during any calendar year |
| 17 | | shall not exceed $2,000,000. No more than $200,000 in tax |
| 18 | | credits may be granted per calendar year for any single |
| 19 | | qualified music company. |
| 20 | | (d) A business is eligible for participation in the |
| 21 | | program if the business meets all of the following criteria: |
| 22 | | (1) The business is engaged directly or indirectly in |
| 23 | | the production, distribution, and promotion of music. |
| 24 | | (2) The business is approved by the Director of |
| 25 | | Commerce and Economic Opportunity. |
| 26 | | (e) Upon approval of a tax credit award under this Act, the |
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| 1 | | Department shall issue a tax credit certificate to the |
| 2 | | applicant. |
| 3 | | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.) |
| 4 | | (35 ILCS 19/50-45) |
| 5 | | Sec. 50-45. Qualified music program evaluation and |
| 6 | | reports. |
| 7 | | (a) (Blank). |
| 8 | | The Department may make a recommendation to extend, |
| 9 | | modify, or not extend the program based on the evaluation. |
| 10 | | (b) (Blank). |
| 11 | | (c) On or before June 1 of each At the end of each fiscal |
| 12 | | year, the Department shall submit to the General Assembly a |
| 13 | | report for the prior calendar year that includes, without |
| 14 | | limitation: |
| 15 | | (1) the identification of each vendor that provided |
| 16 | | goods or services that were included in a qualified music |
| 17 | | company's Illinois spending; |
| 18 | | (2) a statement of the amount paid to each identified |
| 19 | | vendor by the qualified music program and whether the |
| 20 | | vendor is a minority-owned or women-owned business as |
| 21 | | defined in Section 2 of the Business Enterprise for |
| 22 | | Minorities, Women, and Persons with Disabilities Act; and |
| 23 | | (3) a description of the steps taken by the Department |
| 24 | | to encourage qualified music companies to use vendors who |
| 25 | | are minority-owned or women-owned businesses. |
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| 1 | | (Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24; |
| 2 | | 104-283, eff. 8-15-25.) |
| 3 | | Section 40. The Southeastern Illinois Economic Development |
| 4 | | Authority Act is amended by changing Section 20 as follows: |
| 5 | | (70 ILCS 518/20) |
| 6 | | Sec. 20. Creation. |
| 7 | | (a) There is created a political subdivision, body |
| 8 | | politic, and municipal corporation named the Southeastern |
| 9 | | Illinois Economic Development Authority. The territorial |
| 10 | | jurisdiction of the Authority is that geographic area within |
| 11 | | the boundaries of the following counties: Fayette, Cumberland, |
| 12 | | Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland, |
| 13 | | Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and |
| 14 | | White; Irvington Township in Washington County; and any |
| 15 | | navigable waters and air space located therein. |
| 16 | | (b) The governing and administrative powers of the |
| 17 | | Authority shall be vested in a body consisting of 26 public 27 |
| 18 | | members and one ex officio member, as follows: |
| 19 | | (1) Public members. Nine members shall be appointed by |
| 20 | | the Governor with the advice and consent of the Senate. |
| 21 | | The county board chairmen of the following counties shall |
| 22 | | each appoint one member: Clark, Clay, Crawford, |
| 23 | | Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper, |
| 24 | | Jefferson, Lawrence, Marion, Richland, Wabash, Washington, |
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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 |
| 8 | | jurisdiction of the Authority. The public members shall be |
| 9 | | persons of recognized ability and experience in one or more of |
| 10 | | the following areas: economic development, finance, banking, |
| 11 | | industrial development, state or local government, commercial |
| 12 | | agriculture, small business management, real estate |
| 13 | | development, community development, venture finance, organized |
| 14 | | labor, or civic or community organization. |
| 15 | | (c) Fourteen members shall constitute a quorum, and the |
| 16 | | Board may not meet or take any action without a quorum present. |
| 17 | | (d) The chairman of the Authority shall be elected |
| 18 | | annually by the Board. |
| 19 | | (e) The terms of the initial members of the Authority |
| 20 | | shall begin 30 days after the effective date of this Act. Of |
| 21 | | the 10 original members appointed by the Governor and the |
| 22 | | Director of Commerce and Economic Opportunity pursuant to |
| 23 | | subsection (b), one shall serve until the third Monday in |
| 24 | | January, 2005; one shall serve until the third Monday in |
| 25 | | January, 2006; 2 shall serve until the third Monday in |
| 26 | | January, 2007; 2 shall serve until the third Monday in |
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| 1 | | January, 2008; 2 shall serve until the third Monday in |
| 2 | | January, 2009; and 2 shall serve until the third Monday in |
| 3 | | January, 2010. The terms of the initial public members of the |
| 4 | | Authority appointed by the county board chairmen shall begin |
| 5 | | 30 days after the effective date of this amendatory Act of the |
| 6 | | 97th General Assembly. The terms of the initial public members |
| 7 | | appointed by the county board chairmen shall be determined by |
| 8 | | lot, according to the following schedule: (i) 4 shall serve |
| 9 | | until the third Monday in January, 2013, (ii) 4 shall serve |
| 10 | | until the third Monday in January, 2014, (iii) 3 shall serve |
| 11 | | until the third Monday in January, 2015, (iv) 3 shall serve |
| 12 | | until the third Monday in January, 2016, and (v) 3 shall serve |
| 13 | | until the third Monday in January, 2017. All successors to |
| 14 | | these initial members shall be appointed by the original |
| 15 | | appointing authority pursuant to subsection (b), and shall |
| 16 | | hold office for a term of 3 years commencing the third Monday |
| 17 | | in January of the year in which their term commences, except in |
| 18 | | the case of an appointment to fill a vacancy. Vacancies |
| 19 | | occurring among the members shall be filled for the remainder |
| 20 | | of the term. In case of a vacancy in a Governor-appointed |
| 21 | | membership when the Senate is not in session, the Governor may |
| 22 | | make a temporary appointment until the next meeting of the |
| 23 | | Senate when a person shall be nominated to fill the office and, |
| 24 | | upon confirmation by the Senate, he or she shall hold office |
| 25 | | during the remainder of the term and until a successor is |
| 26 | | appointed and qualified. Members of the Authority are not |
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| 1 | | entitled to compensation for their services as members but are |
| 2 | | entitled to reimbursement for all necessary expenses incurred |
| 3 | | in connection with the performance of their duties as members. |
| 4 | | Members of the Board may participate in Board meetings by |
| 5 | | teleconference or video conference. |
| 6 | | (f) The Governor may remove any public member of the |
| 7 | | Authority appointed by the Governor, and the Director of |
| 8 | | Commerce and Economic Opportunity may remove any member |
| 9 | | appointed by the Director, in case of incompetence, neglect of |
| 10 | | duty, or malfeasance in office. The chairman of a county |
| 11 | | board, with the approval of a majority vote of the county |
| 12 | | board, may remove any public member appointed by that chairman |
| 13 | | in the case of incompetence, neglect of duty, or malfeasance |
| 14 | | in office. |
| 15 | | (g) The Board shall appoint an Executive Director who |
| 16 | | shall have a background in finance, including familiarity with |
| 17 | | the legal and procedural requirements of issuing bonds, real |
| 18 | | estate, or economic development and administration. The |
| 19 | | Executive Director shall hold office at the discretion of the |
| 20 | | Board. The Executive Director shall be the chief |
| 21 | | administrative and operational officer of the Authority, shall |
| 22 | | direct and supervise its administrative affairs and general |
| 23 | | management, perform such other duties as may be prescribed |
| 24 | | from time to time by the members, and receive compensation |
| 25 | | fixed by the Authority. The Executive Director shall attend |
| 26 | | all meetings of the Authority. However, no action of the |
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| 1 | | Authority shall be invalid on account of the absence of the |
| 2 | | Executive Director from a meeting. The Authority may engage |
| 3 | | the services of the Illinois Finance Authority, attorneys, |
| 4 | | appraisers, engineers, accountants, credit analysts, and other |
| 5 | | consultants, if the Southeastern Illinois Economic Development |
| 6 | | Authority deems it advisable. |
| 7 | | (Source: P.A. 103-517, eff. 8-11-23.) |
| 8 | | Section 45. The Broadband Advisory Council Act is amended |
| 9 | | by changing Section 20 as follows: |
| 10 | | (220 ILCS 80/20) |
| 11 | | Sec. 20. Powers and duties of the Council generally. |
| 12 | | (a) The Council shall: |
| 13 | | (1) explore any and all ways to expand the |
| 14 | | availability to end-user customers of broadband services |
| 15 | | using available technologies, including, but not limited |
| 16 | | to, wireline, wireless, fixed wireless, and satellite |
| 17 | | applications; |
| 18 | | (2) identify barriers to broadband adoption among the |
| 19 | | residents and small businesses of Illinois; |
| 20 | | (3) research ways to eliminate barriers to adoption |
| 21 | | through measures such as: digital literacy programs; |
| 22 | | programs to assist older citizens in using broadband |
| 23 | | Internet access; programs to facilitate adoption by |
| 24 | | disabled citizens; and programs to encourage collaborative |
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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 |
| 7 | | Act, the Council is hereby granted the powers necessary to |
| 8 | | carry out the purpose and intent of this Act, as enumerated in |
| 9 | | this Section, including, but not limited to: |
| 10 | | (1) promoting awareness of public facilities that have |
| 11 | | community broadband access that can be used for distance |
| 12 | | education and workforce development; and |
| 13 | | (2) advising on deployment of e-government portals |
| 14 | | such that all public bodies and political subdivisions |
| 15 | | have websites and encourage one-stop government access and |
| 16 | | that all public entities stream audio and video of all |
| 17 | | public meetings. |
| 18 | | (c) The Council shall also: |
| 19 | | (1) monitor the broadband-based development efforts of |
| 20 | | other states in areas such as business, education, aging |
| 21 | | in place, and health; |
| 22 | | (2)receive input provided on a voluntary basis from |
| 23 | | all Illinois broadband stakeholders and advise the |
| 24 | | Governor and the General Assembly on policies related to |
| 25 | | broadband in Illinois, provided that no stakeholders shall |
| 26 | | be required to publicly disclose competitively sensitive |
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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 |
| 13 | | and the Governor on bringing broadband service to unserved and |
| 14 | | underserved rural and urban areas and improving broadband |
| 15 | | service statewide, (2) advise and make recommendations to the |
| 16 | | General Assembly and the Governor on facilitating broadband |
| 17 | | adoption by all citizens, and (3) propose statutory changes |
| 18 | | that may enhance and expand broadband in the State. |
| 19 | | (e) The Council shall report to the General Assembly on or |
| 20 | | before January 31 January 1 of each year. The report to the |
| 21 | | General Assembly shall be filed with the Clerk of the House of |
| 22 | | Representatives and the Secretary of the Senate in electronic |
| 23 | | form only, in the manner that the Clerk and the Secretary shall |
| 24 | | direct. The report shall include the action that was taken by |
| 25 | | the Council during the previous year in carrying out the |
| 26 | | provisions of this Act. The Council shall also make any other |
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| 1 | | reports as may be required by the General Assembly or the |
| 2 | | Governor. |
| 3 | | (Source: P.A. 103-483, eff. 8-4-23.) |
| 4 | | Section 50. The Energy Assistance Act is amended by |
| 5 | | changing Section 5 as follows: |
| 6 | | (305 ILCS 20/5) (from Ch. 111 2/3, par. 1405) |
| 7 | | Sec. 5. Policy Advisory Council. |
| 8 | | (a) Within the Department of Commerce and Economic |
| 9 | | Opportunity is created a Low Income Energy Assistance Policy |
| 10 | | Advisory Council. |
| 11 | | (b) The Council shall be chaired by the Director of |
| 12 | | Commerce and Economic Opportunity or his or her designee. |
| 13 | | There shall be 17 19 members of the Low Income Energy |
| 14 | | Assistance Policy Advisory Council, including the chairperson |
| 15 | | and the following members: |
| 16 | | (1) one member designated by the Illinois Commerce |
| 17 | | Commission; |
| 18 | | (2) (blank); |
| 19 | | (3) one member designated by the Illinois Energy |
| 20 | | Association to represent electric public utilities serving |
| 21 | | in excess of 1 million customers in this State; |
| 22 | | (4) one member agreed upon by gas public utilities |
| 23 | | that serve more than 500,000 and fewer than 1,500,000 |
| 24 | | customers in this State; |
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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 |
| 26 | | terms and until their successors are appointed and qualified. |
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| 1 | | The designating organization shall notify the chairperson of |
| 2 | | any changes or substitutions of a designee within 10 business |
| 3 | | days of a change or substitution. Members shall serve without |
| 4 | | compensation, but may receive reimbursement for actual costs |
| 5 | | incurred in fulfilling their duties as members of the Council. |
| 6 | | (d) The Council shall have the following duties: |
| 7 | | (1) to monitor the administration of this Act to |
| 8 | | ensure effective, efficient, and coordinated program |
| 9 | | development and implementation; |
| 10 | | (2) to assist the Department in developing and |
| 11 | | administering rules and regulations required to be |
| 12 | | promulgated pursuant to this Act in a manner consistent |
| 13 | | with the purpose and objectives of this Act; |
| 14 | | (3) to facilitate and coordinate the collection and |
| 15 | | exchange of all program data and other information needed |
| 16 | | by the Department and others in fulfilling their duties |
| 17 | | pursuant to this Act; |
| 18 | | (4) to advise the Department on the proper level of |
| 19 | | support required for effective administration of the Act; |
| 20 | | (5) to provide a written opinion concerning any |
| 21 | | regulation proposed pursuant to this Act, and to review |
| 22 | | and comment on any energy assistance or related plan |
| 23 | | required to be prepared by the Department; |
| 24 | | (6) to advise the Department on the use of funds |
| 25 | | collected pursuant to Section 11 of this Act, and on any |
| 26 | | changes to existing low income energy assistance programs |
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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 |
| 6 | | by changing Section 7-15 as follows: |
| 7 | | (410 ILCS 705/7-15) |
| 8 | | Sec. 7-15. Loans and grants to Social Equity Applicants. |
| 9 | | (a) The Department of Commerce and Economic Opportunity |
| 10 | | shall establish grant and loan programs, subject to |
| 11 | | appropriations from the Cannabis Business Development Fund, |
| 12 | | for the purposes of providing financial assistance, loans, |
| 13 | | grants, and technical assistance to Social Equity Applicants. |
| 14 | | (b) The Department of Commerce and Economic Opportunity |
| 15 | | has the power to: |
| 16 | | (1) provide Cannabis Social Equity loans and grants |
| 17 | | from appropriations from the Cannabis Business Development |
| 18 | | Fund to assist Qualified Social Equity Applicants in |
| 19 | | gaining entry to, and successfully operating in, the |
| 20 | | State's regulated cannabis marketplace; |
| 21 | | (2) enter into agreements that set forth terms and |
| 22 | | conditions of the financial assistance, accept funds or |
| 23 | | grants, and engage in cooperation with private entities |
| 24 | | and agencies of State or local government to carry out the |
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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 |
| 14 | | competitive and annual basis under the Grant Accountability |
| 15 | | and Transparency Act. Grants made under this Section shall |
| 16 | | further and promote the goals of this Act, including promotion |
| 17 | | of Social Equity Applicants, job training and workforce |
| 18 | | development, and technical assistance to Social Equity |
| 19 | | Applicants. |
| 20 | | (e) On or before January 31 of Beginning January 1, 2021 |
| 21 | | and each year thereafter, the Department shall annually report |
| 22 | | to the Governor and the General Assembly on the outcomes and |
| 23 | | effectiveness of this Section that shall include the |
| 24 | | following: |
| 25 | | (1) the number of persons or businesses receiving |
| 26 | | financial assistance under this Section; |
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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 |
| 10 | | shall include engagement with individuals with limited English |
| 11 | | proficiency as part of its outreach provided or targeted to |
| 12 | | attract and support Social Equity Applicants. |
| 13 | | (Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.) |
| 14 | | Section 99. Effective date. This Act takes effect upon |
| 15 | | becoming law. |