HB6794 93RD GENERAL ASSEMBLY

LRB093 15494 EFG 41098 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6794

Introduced 02/09/04, by George Scully Jr.

SYNOPSIS AS INTRODUCED:

See Index

Makes revisory changes to numerous Acts to conform them to Public Act 93-25, which renamed the Bureau of the Budget as the Governor's Office of Management and Budget and renamed the Department of Commerce and Community Affairs as the Department of Commerce and Economic Opportunity. Makes no substantive change. Effective immediately.

PENSION IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT making revisory changes relating to the renaming of the Bureau of the Budget and the Department of Commerce and Community Affairs.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

19		Section 10. The Illinois Administrative Procedure Act is
20		amended by changing Section 5-30 as follows:
21		(5 ILCS 100/5-30) (from Ch. 127, par. 1005-30)
22		Sec. 5-30. Regulatory flexibility. When an agency proposes
23		a new rule or an amendment to an existing rule that may have an
24		impact on small businesses, not for profit corporations, or
25		small municipalities, the agency shall do each of the
26		following:
27		(a) The agency shall consider each of the following methods
28		for reducing the impact of the rulemaking on small businesses,
29		not for profit corporations, or small municipalities. The
30		agency shall reduce the impact by utilizing one or more of the
31		following methods if it finds that the methods are legal and
32		feasible in meeting the statutory objectives that are the basis
33		of the proposed rulemaking.
34		(1) Establish less stringent compliance or reporting

1		requirements in the rule for small businesses, not for
2		profit corporations, or small municipalities.
3		(2) Establish less stringent schedules or deadlines in
4		the rule for compliance or reporting requirements for small
5		businesses, not for profit corporations, or small
6		municipalities.
7		(3) Consolidate or simplify the rule's compliance or
8		reporting requirements for small businesses, not for
9		profit corporations, or small municipalities.
10		(4) Establish performance standards to replace design
11		or operational standards in the rule for small businesses,
12		not for profit corporations, or small municipalities.
13		(5) Exempt small businesses, not for profit
14		corporations, or small municipalities from any or all
15		requirements of the rule.
16		(b) Before or during the notice period required under
17		subsection (b) of Section 5-40, the agency shall provide an
18		opportunity for small businesses, not for profit corporations,
19		or small municipalities to participate in the rulemaking
20		process. The agency shall utilize one or more of the following
21		techniques. These techniques are in addition to other
22		rulemaking requirements imposed by this Act or by any other
23		Act.
24		(1) The inclusion in any advance notice of possible
25		rulemaking of a statement that the rule may have an impact
26		on small businesses, not for profit corporations, or small
27		municipalities.
28		(2) The publication of a notice of rulemaking in
29		publications likely to be obtained by small businesses, not
30		for profit corporations, or small municipalities.
31		(3) The direct notification of interested small
32		businesses, not for profit corporations, or small
33		municipalities.
34		(4) The conduct of public hearings concerning the
35		impact of the rule on small businesses, not for profit
36		corporations, or small municipalities.

1		(5) The use of special hearing or comment procedures to
2		reduce the cost or complexity of participation in the
3		rulemaking by small businesses, not for profit
4		corporations, or small municipalities.
5		(c) Before the notice period required under subsection (b)
6		of Section 5-40, the Secretary of State shall provide to the
7		Business Assistance Office of the Department of Commerce and
8		Economic Opportunity Community Affairs a copy of any proposed
9		rules or amendments accepted for publication. The Business
10		Assistance Office shall prepare an impact analysis of the rule
11		describing the rule's effect on small businesses whenever the
12		Office believes, in its discretion, that an analysis is
13		warranted or whenever requested to do so by 25 interested
14		persons, an association representing at least 100 interested
15		persons, the Governor, a unit of local government, or the Joint
16		Committee on Administrative Rules. The impact analysis shall be
17		completed within the notice period as described in subsection
18		(b) of Section 5-40. Upon completion of the analysis the
19		Business Assistance Office shall submit this analysis to the
20		Joint Committee on Administrative Rules, any interested person
21		who requested the analysis, and the agency proposing the rule.
22		The impact analysis shall contain the following:
23		(1) A summary of the projected reporting,
24		recordkeeping, and other compliance requirements of the
25		proposed rule.
26		(2) A description of the types and an estimate of the
27		number of small businesses to which the proposed rule will
28		apply.
29		(3) An estimate of the economic impact that the
30		regulation will have on the various types of small
31		businesses affected by the rulemaking.
32		(4) A description or listing of alternatives to the
33		proposed rule that would minimize the economic impact of
34		the rule. The alternatives must be consistent with the
35		stated objectives of the applicable statutes and
36		regulations.

1		(Source: P.A. 87-823; 88-667, eff. 9-16-94; revised 12-6-03.)

77

19		Section 5. The Regulatory Sunset Act is amended by changing
20		Sections 5 and 6 as follows:
21		(5 ILCS 80/5) (from Ch. 127, par. 1905)
22		Sec. 5. Study and report. The Governor's Office of
23		Management and Budget Bureau of the Budget shall study the
24		performance of each regulatory agency and program scheduled for
25		termination under this Act and report annually to the Governor
26		the results of such study, including in the report
27		recommendations with respect to those agencies and programs the
28		Governor's Office of Management and Budget Bureau of the Budget
29		determines should be terminated or continued by the State. The
30		Governor shall review the report of the Governor's Office of
31		Management and Budget Bureau of the Budget and in each

1		even-numbered year make recommendations to the General
2		Assembly on the termination or continuation of regulatory
3		agencies and programs.
4		(Source: P.A. 92-85, eff. 7-12-01; revised 8-23-03.)
5		(5 ILCS 80/6) (from Ch. 127, par. 1906)
6		Sec. 6. Factors to be studied. In conducting the study
7		required under Section 5, the Governor's Office of Management
8		and Budget Bureau of the Budget shall consider, but is not
9		limited to consideration of, the following factors in
10		determining whether an agency or program should be recommended
11		for termination or continuation:
12		(1) The extent to which the agency or program has
13		permitted qualified applicants to serve the public;
14		(2) The extent to which the trade, business,
15		profession, occupation or industry being regulated is
16		being administered in a nondiscriminatory manner both in
17		terms of employment and the rendering of services;
18		(3) The extent to which the regulatory agency or
19		program has operated in the public interest, and the extent
20		to which its operation has been impeded or enhanced by
21		existing statutes, procedures, and practices of any other
22		department of State government, and any other
23		circumstances, including budgetary, resource, and
24		personnel matters;
25		(4) The extent to which the agency running the program
26		has recommended statutory changes to the General Assembly
27		that would benefit the public as opposed to the persons it
28		regulates;
29		(5) The extent to which the agency or program has
30		required the persons it regulates to report to it
31		concerning the impact of rules and decisions of the agency
32		or the impact of the program on the public regarding
33		improved service, economy of service, and availability of
34		service;
35		(6) The extent to which persons regulated by the agency

1		or under the program have been required to assess problems
2		in their industry that affect the public;
3		(7) The extent to which the agency or program has
4		encouraged participation by the public in making its rules
5		and decisions as opposed to participation solely by the
6		persons it regulates and the extent to which such rules and
7		decisions are consistent with statutory authority;
8		(8) The efficiency with which formal public complaints
9		filed with the regulatory agency or under the program
10		concerning persons subject to regulation have been
11		processed to completion, by the executive director of the
12		regulatory agencies or programs, by the Attorney General
13		and by any other applicable department of State government;
14		and
15		(9) The extent to which changes are necessary in the
16		enabling laws of the agency or program to adequately comply
17		with the factors listed in this Section.
18		(Source: P.A. 90-580, eff. 5-21-98; revised 8-23-03.)

DocumentFragmentPlaceHolder1

2		Section 15. The State Employees Group Insurance Act of 1971
3		is amended by changing Section 11 as follows:
4		(5 ILCS 375/11) (from Ch. 127, par. 531)
5		Sec. 11. The amount of contribution in any fiscal year from
6		funds other than the General Revenue Fund or the Road Fund
7		shall be at the same contribution rate as the General Revenue
8		Fund or the Road Fund. Contributions and payments for life
9		insurance shall be deposited in the Group Insurance Premium
10		Fund. Contributions and payments for health coverages and other
11		benefits shall be deposited in the Health Insurance Reserve
12		Fund. Federal funds which are available for cooperative
13		extension purposes shall also be charged for the contributions
14		which are made for retired employees formerly employed in the
15		Cooperative Extension Service. In the case of departments or
16		any division thereof receiving a fraction of its requirements
17		for administration from the Federal Government, the
18		contributions hereunder shall be such fraction of the amount
19		determined under the provisions hereof and the remainder shall
20		be contributed by the State.
21		Every department which has members paid from funds other
22		than the General Revenue Fund shall cooperate with the
23		Department of Central Management Services and the Governor's
24		Office of Management and Budget Bureau of the Budget in order
25		to assure that the specified proportion of the State's cost for
26		group life insurance, the program of health benefits and other
27		employee benefits is paid by such funds; except that
28		contributions under this Act need not be paid from any other
29		fund where both the Director of Central Management Services and
30		the Director of the Governor's Office of Management and Budget
31		Bureau of the Budget have designated in writing that the
32		necessary contributions are included in the General Revenue
33		Fund contribution amount.
34		Universities having employees who are totally compensated

1		out of the following funds:
2		(1) Income Funds;
3		(2) Local auxiliary funds; and
4		(3) the Agricultural Premium Fund
5		shall not be required to submit such contribution for such
6		employees.
7		For each person covered under this Act whose eligibility
8		for such coverage is based upon the person's status as the
9		recipient of a benefit under the Illinois Pension Code, which
10		benefit is based in whole or in part upon service with the Toll
11		Highway Authority, the Authority shall annually contribute a
12		pro rata share of the State's cost for the benefits of that
13		person.
14		(Source: P.A. 89-499, eff. 6-28-96; revised 8-23-03.)

15		Section 20. The State Employment Records Act is amended by
16		changing Section 15 as follows:
17		(5 ILCS 410/15)
18		Sec. 15. Reported information.
19		(a) State agencies shall, if necessary, consult with the
20		Office of the Comptroller and the Governor's Office of
21		Management and Budget Bureau of the Budget to confirm the
22		accuracy of information required by this Act. State agencies
23		shall collect and maintain information and publish reports
24		including but not limited to the following information arranged
25		in the indicated categories:
26		(i) the total number of persons employed by the agency
27		who are part of the State work force, as defined by this
28		Act, and the number and statistical percentage of women,
29		minorities, and physically disabled persons employed
30		within the agency work force;
31		(ii) the total number of persons employed within the
32		agency work force receiving levels of State remuneration
33		within incremental levels of $10,000, and the number and
34		statistical percentage of minorities, women, and

1		physically disabled persons in the agency work force
2		receiving levels of State remuneration within incremented
3		levels of $10,000;
4		(iii) the number of open positions of employment or
5		advancement in the agency work force, reported on a fiscal
6		year basis;
7		(iv) the number and percentage of open positions of
8		employment or advancement in the agency work force filled
9		by minorities, women, and physically disabled persons,
10		reported on a fiscal year basis;
11		(v) the total number of persons employed within the
12		agency work force as professionals, and the number and
13		percentage of minorities, women, and physically disabled
14		persons employed within the agency work force as
15		professional employees; and
16		(vi) the total number of persons employed within the
17		agency work force as contractual service employees, and the
18		number and percentage of minorities, women, and physically
19		disabled persons employed within the agency work force as
20		contractual services employees.
21		(b) The numbers and percentages of minorities required to
22		be reported by this Section shall be identified by categories
23		as Hispanic, African American, Asian American, and Native
24		American. Data concerning women shall be reported on a minority
25		and nonminority basis. The numbers and percentages of
26		physically disabled persons required to be reported under this
27		Section shall be identified by categories as male and female.
28		(c) To accomplish consistent and uniform classification
29		and collection of information from each State agency, and to
30		ensure full compliance and that all required information is
31		provided, the Index Department of the Office of the Secretary
32		of State, in consultation with the Department of Human Rights,
33		the Department of Central Management Services, and the Office
34		of the Comptroller, shall develop appropriate forms to be used
35		by all State agencies subject to the reporting requirements of
36		this Act.

1		All State agencies shall make the reports required by this
2		Act using the forms developed under this subsection. The
3		reports must be certified and signed by an official of the
4		agency who is responsible for the information provided.
5		(Source: P.A. 87-1211; 88-126; revised 8-23-03.)

6		Section 25. The State Budget Law of the Civil
7		Administrative Code of Illinois is amended by changing Sections
8		50-10 and 50-15 as follows:
9		(15 ILCS 20/50-10) (was 15 ILCS 20/38.1)
10		Sec. 50-10. Budget contents. The budget shall be submitted
11		by the Governor with line item and program data. The budget
12		shall also contain performance data presenting an estimate for
13		the current fiscal year, projections for the budget year, and
14		information for the 3 prior fiscal years comparing department
15		objectives with actual accomplishments, formulated according
16		to the various functions and activities, and, wherever the
17		nature of the work admits, according to the work units, for
18		which the respective departments, offices, and institutions of
19		the State government (including the elective officers in the
20		executive department and including the University of Illinois
21		and the judicial department) are responsible.
22		For the fiscal year beginning July 1, 1992 and for each
23		fiscal year thereafter, the budget shall include the
24		performance measures of each department's accountability
25		report.
26		For the fiscal year beginning July 1, 1997 and for each
27		fiscal year thereafter, the budget shall include one or more
28		line items appropriating moneys to the Department of Human
29		Services to fund participation in the Home-Based Support
30		Services Program for Mentally Disabled Adults under the
31		Developmental Disability and Mental Disability Services Act by
32		persons described in Section 2-17 of that Act.
33		The budget shall contain a capital development Section in
34		which the Governor will present (1) information on the capital

1		projects and capital programs for which appropriations are
2		requested, (2) the capital spending plans, which shall document
3		the first and subsequent years cash requirements by fund for
4		the proposed bonded program, and (3) a statement that shall
5		identify by year the principal and interest costs until
6		retirement of the State's general obligation debt. In addition,
7		the principal and interest costs of the budget year program
8		shall be presented separately, to indicate the marginal cost of
9		principal and interest payments necessary to retire the
10		additional bonds needed to finance the budget year's capital
11		program.
12		For the budget year, the current year, and 3 prior fiscal
13		years, the Governor shall also include in the budget estimates
14		of or actual values for the assets and liabilities for General
15		Assembly Retirement System, State Employees' Retirement System
16		of Illinois, State Universities Retirement System, Teachers'
17		Retirement System of the State of Illinois, and Judges
18		Retirement System of Illinois.
19		The budget submitted by the Governor shall contain, in
20		addition, in a separate book, a tabulation of all position and
21		employment titles in each such department, office, and
22		institution, the number of each, and the salaries for each,
23		formulated according to divisions, bureaus, sections, offices,
24		departments, boards, and similar subdivisions, which shall
25		correspond as nearly as practicable to the functions and
26		activities for which the department, office, or institution is
27		responsible.
28		Together with the budget, the Governor shall transmit the
29		estimates of receipts and expenditures, as received by the
30		Director of the Governor's Office of Management and Budget
31		Bureau of the Budget, of the elective officers in the executive
32		and judicial departments and of the University of Illinois.
33		(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)
34		(15 ILCS 20/50-15) (was 15 ILCS 20/38.2)
35		Sec. 50-15. Department accountability reports.

1		(a) Beginning in the fiscal year which begins July 1, 1992,
2		each department of State government as listed in Section 5-15
3		of the Departments of State Government Law (20 ILCS 5/5-15)
4		shall submit an annual accountability report to the Bureau of
5		the Budget (now Governor's Office of Management and Budget) at
6		times designated by the Director of the Bureau of the Budget
7		now Governor's Office of Management and Budget). Each
8		accountability report shall be designed to assist the Bureau
9		(now Office) of the Budget in its duties under Sections 2.2 and
10		2.3 of the Governor's Office of Management and Budget Bureau of
11		the Budget Act and shall measure the department's performance
12		based on criteria, goals, and objectives established by the
13		department with the oversight and assistance of the Bureau (now
14		Office) of the Budget. Each department shall also submit
15		interim progress reports at times designated by the Director of
16		the Bureau (now Office) of the Budget.
17		(b) (Blank).
18		(c) The Director of the Bureau (now Office) of the Budget
19		shall select not more than 3 departments for a pilot program
20		implementing the procedures of subsection (a) for budget
21		requests for the fiscal years beginning July 1, 1990 and July
22		1, 1991, and each of the departments elected shall submit
23		accountability reports for those fiscal years.
24		By April 1, 1991, the Bureau (now Office) of the Budget
25		shall recommend in writing to the Governor any changes in the
26		budget review process established pursuant to this Section
27		suggested by its evaluation of the pilot program. The Governor
28		shall submit changes to the budget review process that the
29		Governor plans to adopt, based on the report, to the President
30		and Minority Leader of the Senate and the Speaker and Minority
31		Leader of the House of Representatives.
32		(Source: P.A. 91-239, eff. 1-1-00; 92-850, eff. 8-26-02;
33		revised 8-23-03.)

34		Section 30. The Illinois Literacy Act is amended by
35		changing Section 20 as follows:

1		(15 ILCS 322/20)
2		Sec. 20. Illinois Literacy Council.
3		(a) The Council shall facilitate the improvement of
4		literacy levels of Illinois citizens by providing a forum from
5		which representatives from throughout the State can promote
6		literacy, share expertise, and recommend policy.
7		(b) The Council shall be appointed by and be responsible to
8		the Governor. The Secretary of State shall serve as chairman.
9		The Council shall advise the Governor and other agencies on
10		strategies that address the literacy needs of the State,
11		especially with respect to the needs of workplace literacy,
12		family literacy, program evaluation, public awareness, and
13		public and private partnerships.
14		(c) The Council will determine its own procedures and the
15		number, time, place, and conduct of its meetings. It shall meet
16		at least 4 times a year. The Council may be assisted in its
17		activities by the Literacy Office. Council members shall not
18		receive compensation for their services.
19		(d) The Council's membership shall consist of
20		representatives of public education, public and private sector
21		employment, labor organizations, community literacy
22		organizations, libraries, volunteer organizations, the Office
23		of the Secretary of State, the Department of Commerce and
24		Economic Opportunity Community Affairs, the Illinois Community
25		College Board, the Department of Employment Security, the
26		Department of Human Services, the State Board of Education, the
27		Department of Corrections, and the Prairie State 2000
28		Authority.
29		(e) The Council members representing State agencies shall
30		act as an interagency coordinating committee to improve the
31		system for delivery of literacy services, provide pertinent
32		information and agency comments to Council members, and
33		implement the recommendations forwarded by the Council and
34		approved by the Governor.
35		(f) The Secretary of State, in consultation with the

1		Council, shall expend moneys to perform Council functions as
2		authorized by this Act from the Literacy Advancement Fund, a
3		special fund hereby created in the State Treasury. All moneys
4		received from an income tax checkoff for the Literacy
5		Advancement Fund as provided in Section 507I of the Illinois
6		Income Tax Act shall be deposited into the Fund.
7		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)

8		Section 35. The State Comptroller Act is amended by
9		changing Sections 9.02, 19, 21, and 22.2 as follows:
10		(15 ILCS 405/9.02) (from Ch. 15, par. 209.02)
11		Sec. 9.02. No warrant for the expenditure, disbursement,
12		contract, administration, transfer or use of federal funds by
13		any recipient State agency subject to the reporting requirement
14		of Section 5.1 of the Governor's Office of Management and
15		Budget Act "An Act to create a Bureau of the Budget and to
16		define its powers and duties and to make an appropriation",
17		approved April 16, 1969, as now or hereafter amended, shall be
18		drawn by the Comptroller until the Comptroller receives
19		certification from the recipient agency that such federal funds
20		have been reported to the Bureau as required by that Section.
21		(Source: P.A. 82-173; revised 8-23-03.)
22		(15 ILCS 405/19) (from Ch. 15, par. 219)
23		Sec. 19. Financial records - monthly reports - forms. The
24		comptroller shall maintain complete, accurate and current
25		financial records relating to State funds and to other public
26		funds and assets available to, encumbered or expended by each
27		State agency, including trust funds or other moneys not subject
28		to appropriation, setting out all revenues, charges against all
29		funds, fund and appropriation balances, interfund transfers,
30		warrants outstanding and assets and encumbrances, in a manner
31		consistent with the uniform State accounting system prescribed
32		by the comptroller. Such records shall be public records open
33		to public inspection.

1		The Governor, Treasurer, Director of the Governor's Office
2		of Management and Budget Bureau of the Budget, Director of
3		Central Management Services, Auditor General, Speaker and
4		Minority Leader of the House of Representatives, and President
5		and Minority Leader of the Senate shall have access to all
6		records and reports received by the comptroller from State
7		agencies and to all data and accounts maintained by the
8		comptroller except as otherwise specifically provided by law.
9		All other State executive officers and heads of State agencies
10		shall have access to reports and accounts relating to their
11		agency or office.
12		The Comptroller shall make a report to the Speaker and
13		Minority Leader of the House of Representatives, the President
14		and Minority Leader of the Senate, and the Chairman and
15		Minority Spokesman of each of the appropriations committees of
16		the House of Representatives and the Senate giving notice
17		within 10 days of the establishment of each fund or account
18		consisting of funds not subject to appropriation by the General
19		Assembly.
20		Each month the comptroller shall prepare a report
21		summarizing by State agency and appropriation the above
22		information in such form as will most clearly and accurately
23		set out the current fiscal condition of the State.
24		In addition, each month the comptroller shall prepare a
25		report by detail object account in such form as will most
26		clearly present the status of such accounts.
27		The comptroller shall prescribe forms for the periodic
28		reporting of financial accounts, transactions and other
29		matters by State agencies, compatible with the reports required
30		of the comptroller under this Section.
31		(Source: P.A. 82-789; revised 8-23-03.)
32		(15 ILCS 405/21) (from Ch. 15, par. 221)
33		Sec. 21. Rules and Regulations - Imprest accounts. The
34		Comptroller shall promulgate rules and regulations to
35		implement the exercise of his powers and performance of his

1		duties under this Act and to guide and assist State agencies in
2		complying with this Act. Any rule or regulation specifically
3		requiring the approval of the State Treasurer under this Act
4		for adoption by the comptroller shall require the approval of
5		the State Treasurer for modification or repeal.
6		The Comptroller may provide in his rules and regulations
7		for periodic transfers, with the approval of the State
8		Treasurer, for use in accordance with the imprest system,
9		subject to the rules and regulations of the Comptroller as
10		respects vouchers, controls and reports, as follows:
11		(a) To the University of Illinois, Southern Illinois
12		University, Chicago State University, Eastern Illinois
13		University, Governors State University, Illinois State
14		University, Northeastern Illinois University, Northern
15		Illinois University, Western Illinois University, and
16		State Community College of East St. Louis under the
17		jurisdiction of the Illinois Community College Board, not
18		to exceed $200,000 for each campus.
19		(b) To the Department of Agriculture and the Department
20		of Commerce and Economic Opportunity Community Affairs for
21		the operation of overseas offices, not to exceed $200,000
22		for each Department for each overseas office.
23		(c) To the Department of Agriculture for the purpose of
24		making change for activities at each State Fair, not to
25		exceed $200,000, to be returned within 5 days of the
26		termination of such activity.
27		(d) To the Department of Agriculture to pay (i) State
28		Fair premiums and awards and State Fair entertainment
29		contracts at each State Fair, and (ii) ticket refunds for
30		cancelled events. The amount transferred from any fund
31		shall not exceed the appropriation for each specific
32		purpose. This authorization shall terminate each year
33		within 60 days of the close of each State Fair. The
34		Department shall be responsible for withholding State
35		income tax, where necessary, as required by Section 709 of
36		the Illinois Income Tax Act.

1		(e) To the State Treasurer to pay for securities'
2		safekeeping charges assessed by the Board of Governors of
3		the Federal Reserve System as a consequence of the
4		Treasurer's use of the government securities' book-entry
5		system. This account shall not exceed $25,000.
6		(f) To the Illinois Mathematics and Science Academy,
7		not to exceed $15,000.
8		(Source: P.A. 91-753, eff. 7-1-00; revised 12-6-03.)
9		(15 ILCS 405/22.2) (from Ch. 15, par. 222.2)
10		Sec. 22.2. Employees Suggestion Award Board. Upon request
11		from the Employees Suggestion Award Board, the Comptroller and
12		the Director of the Governor's Office of Management and Budget
13		Bureau of the Budget may hold in reserve the amounts equal to
14		the savings from the appropriate appropriation line item for
15		the State agency involved. The term "reserve" for the purposes
16		of this Section means that such funds shall not be expended nor
17		obligated for the fiscal year designated by the Board.
18		(Source: P.A. 84-943; revised 8-23-03.)

19		Section 40. The Local Government Accounting Systems Act is
20		amended by changing Section 2 as follows:
21		(15 ILCS 425/2) (from Ch. 15, par. 602)
22		Sec. 2. The State Comptroller shall publish manuals and
23		operating procedures which may be used by units of local
24		government in complying with accounting, auditing and
25		reporting requirements. These manuals and procedures shall be
26		designed to account for the various kinds and sizes of units of
27		local government.
28		The manuals and operating procedures shall be reviewed by
29		an advisory committee selected by the State Comptroller
30		composed of persons from the Department of Commerce and
31		Economic Opportunity Community Affairs, other interested State
32		agencies, units of local government, associations of units of
33		local government and other interested or concerned groups.

1		The State Comptroller shall provide or cooperate in
2		educational and training programs to assist local governments
3		in complying with accounting, auditing and reporting
4		requirements.
5		(Source: P.A. 84-259; revised 12-6-03.)

6		Section 45. The Civil Administrative Code of Illinois is
7		amended by changing Sections 5-330 and 5-530 as follows:
8		(20 ILCS 5/5-330) (was 20 ILCS 5/9.18)
9		Sec. 5-330. In the Department of Commerce and Economic
10		Opportunity Community Affairs. The Director of Commerce and
11		Economic Opportunity Community Affairs shall receive an annual
12		salary as set by the Governor from time to time or as set by the
13		Compensation Review Board, whichever is greater.
14		The Assistant Director of Commerce and Economic
15		Opportunity Community Affairs shall receive an annual salary as
16		set by the Governor from time to time or as set by the
17		Compensation Review Board, whichever is greater.
18		(Source: P.A. 91-25, eff. 6-9-99; 91-239, eff. 1-1-00; 92-16,
19		eff. 6-28-01; revised 12-6-03.)
20		(20 ILCS 5/5-530) (was 20 ILCS 5/6.01a)
21		Sec. 5-530. In the Department of Agriculture and in
22		cooperation with the Department of Commerce and Economic
23		Opportunity Community Affairs. An Agricultural Export Advisory
24		Committee composed of the following: 2 members of the House of
25		Representatives, to be appointed by the Speaker of the House of
26		Representatives; 2 members of the Senate, to be appointed by
27		the President of the Senate; the Director of Agriculture, who
28		shall serve as Secretary of the Committee; and not more than 15
29		members to be appointed by the Governor. The members of the
30		committee shall receive no compensation but shall be reimbursed
31		for expenses necessarily incurred in the performance of their
32		duties under this Act.
33		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)

1		Section 50. The Illinois Welfare and Rehabilitation
2		Services Planning Act is amended by changing Section 3 as
3		follows:
4		(20 ILCS 10/3) (from Ch. 127, par. 953)
5		Sec. 3. On or before the first Friday in April of each
6		odd-numbered year, each agency listed in subsection (a) of
7		Section 4 shall prepare and cause to be submitted to the
8		General Assembly a comprehensive plan providing for the best
9		possible use of available resources for the development of the
10		State's human resources and the provision of social services by
11		the agency. In preparing that plan, each agency shall emphasize
12		coordination and cooperation with other agencies listed in
13		subsection (a) of Section 4 regarding the pursuit of objectives
14		it has in common with the other agencies. Each plan shall
15		contain the information required by Section 6 and shall be
16		prepared and submitted in conformity with Sections 7 through 9
17		of this Act. The Governor's Office of Management and Budget
18		Bureau of the Budget, or any other agency designated by that
19		Office Bureau, may require that the agency plans required by
20		this Act shall, before submission to the General Assembly, be
21		submitted to it, or such other agency designated by it. The
22		Office Bureau or the designated agency may review and
23		coordinate the plans and submit them on behalf of the agencies
24		concerned to the General Assembly.
25		(Source: P.A. 88-487; revised 8-23-03.)

26		Section 55. The Illinois Act on the Aging is amended by
27		changing Sections 4.02 and 8.01 as follows:
28		(20 ILCS 105/4.02) (from Ch. 23, par. 6104.02)
29		Sec. 4.02. The Department shall establish a program of
30		services to prevent unnecessary institutionalization of
31		persons age 60 and older in need of long term care or who are
32		established as persons who suffer from Alzheimer's disease or a

1		related disorder under the Alzheimer's Disease Assistance Act,
2		thereby enabling them to remain in their own homes or in other
3		living arrangements. Such preventive services, which may be
4		coordinated with other programs for the aged and monitored by
5		area agencies on aging in cooperation with the Department, may
6		include, but are not limited to, any or all of the following:
7		(a) home health services;
8		(b) home nursing services;
9		(c) homemaker services;
10		(d) chore and housekeeping services;
11		(e) day care services;
12		(f) home-delivered meals;
13		(g) education in self-care;
14		(h) personal care services;
15		(i) adult day health services;
16		(j) habilitation services;
17		(k) respite care;
18		(l) other nonmedical social services that may enable
19		the person to become self-supporting; or
20		(m) clearinghouse for information provided by senior
21		citizen home owners who want to rent rooms to or share
22		living space with other senior citizens.
23		The Department shall establish eligibility standards for
24		such services taking into consideration the unique economic and
25		social needs of the target population for whom they are to be
26		provided. Such eligibility standards shall be based on the
27		recipient's ability to pay for services; provided, however,
28		that in determining the amount and nature of services for which
29		a person may qualify, consideration shall not be given to the
30		value of cash, property or other assets held in the name of the
31		person's spouse pursuant to a written agreement dividing
32		marital property into equal but separate shares or pursuant to
33		a transfer of the person's interest in a home to his spouse,
34		provided that the spouse's share of the marital property is not
35		made available to the person seeking such services.
36		Beginning July 1, 2002, the Department shall require as a

1		condition of eligibility that all financially eligible
2		applicants and recipients apply for medical assistance under
3		Article V of the Illinois Public Aid Code in accordance with
4		rules promulgated by the Department.
5		The Department shall, in conjunction with the Department of
6		Public Aid, seek appropriate amendments under Sections 1915 and
7		1924 of the Social Security Act. The purpose of the amendments
8		shall be to extend eligibility for home and community based
9		services under Sections 1915 and 1924 of the Social Security
10		Act to persons who transfer to or for the benefit of a spouse
11		those amounts of income and resources allowed under Section
12		1924 of the Social Security Act. Subject to the approval of
13		such amendments, the Department shall extend the provisions of
14		Section 5-4 of the Illinois Public Aid Code to persons who, but
15		for the provision of home or community-based services, would
16		require the level of care provided in an institution, as is
17		provided for in federal law. Those persons no longer found to
18		be eligible for receiving noninstitutional services due to
19		changes in the eligibility criteria shall be given 60 days
20		notice prior to actual termination. Those persons receiving
21		notice of termination may contact the Department and request
22		the determination be appealed at any time during the 60 day
23		notice period. With the exception of the lengthened notice and
24		time frame for the appeal request, the appeal process shall
25		follow the normal procedure. In addition, each person affected
26		regardless of the circumstances for discontinued eligibility
27		shall be given notice and the opportunity to purchase the
28		necessary services through the Community Care Program. If the
29		individual does not elect to purchase services, the Department
30		shall advise the individual of alternative services. The target
31		population identified for the purposes of this Section are
32		persons age 60 and older with an identified service need.
33		Priority shall be given to those who are at imminent risk of
34		institutionalization. The services shall be provided to
35		eligible persons age 60 and older to the extent that the cost
36		of the services together with the other personal maintenance

1		expenses of the persons are reasonably related to the standards
2		established for care in a group facility appropriate to the
3		person's condition. These non-institutional services, pilot
4		projects or experimental facilities may be provided as part of
5		or in addition to those authorized by federal law or those
6		funded and administered by the Department of Human Services.
7		The Departments of Human Services, Public Aid, Public Health,
8		Veterans' Affairs, and Commerce and Economic Opportunity
9		Community Affairs and other appropriate agencies of State,
10		federal and local governments shall cooperate with the
11		Department on Aging in the establishment and development of the
12		non-institutional services. The Department shall require an
13		annual audit from all chore/housekeeping and homemaker vendors
14		contracting with the Department under this Section. The annual
15		audit shall assure that each audited vendor's procedures are in
16		compliance with Department's financial reporting guidelines
17		requiring a 27% administrative cost split and a 73% employee
18		wages and benefits cost split. The audit is a public record
19		under the Freedom of Information Act. The Department shall
20		execute, relative to the nursing home prescreening project,
21		written inter-agency agreements with the Department of Human
22		Services and the Department of Public Aid, to effect the
23		following: (1) intake procedures and common eligibility
24		criteria for those persons who are receiving non-institutional
25		services; and (2) the establishment and development of
26		non-institutional services in areas of the State where they are
27		not currently available or are undeveloped. On and after July
28		1, 1996, all nursing home prescreenings for individuals 60
29		years of age or older shall be conducted by the Department.
30		The Department is authorized to establish a system of
31		recipient copayment for services provided under this Section,
32		such copayment to be based upon the recipient's ability to pay
33		but in no case to exceed the actual cost of the services
34		provided. Additionally, any portion of a person's income which
35		is equal to or less than the federal poverty standard shall not
36		be considered by the Department in determining the copayment.

1		The level of such copayment shall be adjusted whenever
2		necessary to reflect any change in the officially designated
3		federal poverty standard.
4		The Department, or the Department's authorized
5		representative, shall recover the amount of moneys expended for
6		services provided to or in behalf of a person under this
7		Section by a claim against the person's estate or against the
8		estate of the person's surviving spouse, but no recovery may be
9		had until after the death of the surviving spouse, if any, and
10		then only at such time when there is no surviving child who is
11		under age 21, blind, or permanently and totally disabled. This
12		paragraph, however, shall not bar recovery, at the death of the
13		person, of moneys for services provided to the person or in
14		behalf of the person under this Section to which the person was
15		not entitled; provided that such recovery shall not be enforced
16		against any real estate while it is occupied as a homestead by
17		the surviving spouse or other dependent, if no claims by other
18		creditors have been filed against the estate, or, if such
19		claims have been filed, they remain dormant for failure of
20		prosecution or failure of the claimant to compel administration
21		of the estate for the purpose of payment. This paragraph shall
22		not bar recovery from the estate of a spouse, under Sections
23		1915 and 1924 of the Social Security Act and Section 5-4 of the
24		Illinois Public Aid Code, who precedes a person receiving
25		services under this Section in death. All moneys for services
26		paid to or in behalf of the person under this Section shall be
27		claimed for recovery from the deceased spouse's estate.
28		"Homestead", as used in this paragraph, means the dwelling
29		house and contiguous real estate occupied by a surviving spouse
30		or relative, as defined by the rules and regulations of the
31		Illinois Department of Public Aid, regardless of the value of
32		the property.
33		The Department shall develop procedures to enhance
34		availability of services on evenings, weekends, and on an
35		emergency basis to meet the respite needs of caregivers.
36		Procedures shall be developed to permit the utilization of

1		services in successive blocks of 24 hours up to the monthly
2		maximum established by the Department. Workers providing these
3		services shall be appropriately trained.
4		Beginning on the effective date of this Amendatory Act of
5		1991, no person may perform chore/housekeeping and homemaker
6		services under a program authorized by this Section unless that
7		person has been issued a certificate of pre-service to do so by
8		his or her employing agency. Information gathered to effect
9		such certification shall include (i) the person's name, (ii)
10		the date the person was hired by his or her current employer,
11		and (iii) the training, including dates and levels. Persons
12		engaged in the program authorized by this Section before the
13		effective date of this amendatory Act of 1991 shall be issued a
14		certificate of all pre- and in-service training from his or her
15		employer upon submitting the necessary information. The
16		employing agency shall be required to retain records of all
17		staff pre- and in-service training, and shall provide such
18		records to the Department upon request and upon termination of
19		the employer's contract with the Department. In addition, the
20		employing agency is responsible for the issuance of
21		certifications of in-service training completed to their
22		employees.
23		The Department is required to develop a system to ensure
24		that persons working as homemakers and chore housekeepers
25		receive increases in their wages when the federal minimum wage
26		is increased by requiring vendors to certify that they are
27		meeting the federal minimum wage statute for homemakers and
28		chore housekeepers. An employer that cannot ensure that the
29		minimum wage increase is being given to homemakers and chore
30		housekeepers shall be denied any increase in reimbursement
31		costs.
32		The Department on Aging and the Department of Human
33		Services shall cooperate in the development and submission of
34		an annual report on programs and services provided under this
35		Section. Such joint report shall be filed with the Governor and
36		the General Assembly on or before September 30 each year.

1		The requirement for reporting to the General Assembly shall
2		be satisfied by filing copies of the report with the Speaker,
3		the Minority Leader and the Clerk of the House of
4		Representatives and the President, the Minority Leader and the
5		Secretary of the Senate and the Legislative Research Unit, as
6		required by Section 3.1 of the General Assembly Organization
7		Act and filing such additional copies with the State Government
8		Report Distribution Center for the General Assembly as is
9		required under paragraph (t) of Section 7 of the State Library
10		Act.
11		Those persons previously found eligible for receiving
12		non-institutional services whose services were discontinued
13		under the Emergency Budget Act of Fiscal Year 1992, and who do
14		not meet the eligibility standards in effect on or after July
15		1, 1992, shall remain ineligible on and after July 1, 1992.
16		Those persons previously not required to cost-share and who
17		were required to cost-share effective March 1, 1992, shall
18		continue to meet cost-share requirements on and after July 1,
19		1992. Beginning July 1, 1992, all clients will be required to
20		meet eligibility, cost-share, and other requirements and will
21		have services discontinued or altered when they fail to meet
22		these requirements.
23		(Source: P.A. 92-597, eff. 6-28-02; 93-85, eff. 1-1-04; revised
24		12-6-03.)
25		(20 ILCS 105/8.01) (from Ch. 23, par. 6108.01)
26		Sec. 8.01. Coordinating Committee; members. The
27		Coordinating Committee of State Agencies Serving Older Persons
28		shall consist of the Director of the Department on Aging or his
29		or her designee as Chairman, the State Superintendent of
30		Education or his or her designee, the Secretary of Human
31		Services or his or her designee, the Secretary of
32		Transportation or his or her designee, and the Directors, or
33		the designee or designees of any or all of the Directors, of
34		the following Departments or agencies: Labor; Veterans'
35		Affairs; Public Health; Public Aid; Children and Family

1		Services; Commerce and Economic Opportunity Community Affairs;
2		Insurance; Revenue; Illinois Housing Development Authority;
3		and Comprehensive State Health Planning.
4		(Source: P.A. 90-609, eff. 6-30-98; 91-61, eff. 6-30-99;
5		revised 12-6-03.)

6		Section 60. The Department of Agriculture Law of the Civil
7		Administrative Code of Illinois is amended by changing Section
8		205-40 as follows:
9		(20 ILCS 205/205-40) (was 20 ILCS 205/40.31)
10		Sec. 205-40. Export consulting service and standards. The
11		Department, in cooperation with the Department of Commerce and
12		Economic Opportunity Community Affairs and the Agricultural
13		Export Advisory Committee, shall (1) provide a consulting
14		service to those who desire to export farm products,
15		commodities, and supplies and guide them in their efforts to
16		improve trade relations; (2) cooperate with agencies and
17		instrumentalities of the federal government to develop export
18		grade standards for farm products, commodities, and supplies
19		produced in Illinois and adopt reasonable rules and regulations
20		to ensure that exports of those products, commodities, and
21		supplies comply with those standards; (3) upon request and
22		after inspection of any such farm product, commodity, or
23		supplies, certify compliance or noncompliance with those
24		standards; (4) provide an informational program to existing and
25		potential foreign importers of farm products, commodities, and
26		supplies; (5) qualify for U. S. Department of Agriculture
27		matching funds for overseas promotion of farm products,
28		commodities, and supplies according to the federal
29		requirements regarding State expenditures that are eligible
30		for matching funds; and (6) provide a consulting service to
31		persons who desire to export processed or value-added
32		agricultural products and assist those persons in ascertaining
33		legal and regulatory restrictions and market preferences that
34		affect the sale of value-added agricultural products in foreign

1		markets.
2		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)

3		Section 65. The Biotechnology Sector Development Act is
4		amended by changing Section 10 as follows:
5		(20 ILCS 230/10)
6		Sec. 10. Sector program. The Department of Agriculture, in
7		cooperation with the Department of Commerce and Economic
8		Opportunity Community Affairs, shall establish a targeted
9		sector program in the area of biotechnology. In fulfillment of
10		this purpose, the Department of Agriculture is authorized to:
11		(a) Analyze on an ongoing basis the state of the
12		biotechnology sector in Illinois, including, but not limited
13		to, its strengths and weaknesses, its opportunities and risks,
14		its emerging products, processes, and market niches, the
15		commercialization of its related technology, its capital
16		availability, its education and training needs, and its
17		infrastructure development.
18		(b) Work in conjunction with the Biotechnology Advisory
19		Council created under this Act.
20		(c) Develop a resource guide for use in promoting the
21		biotechnology sector in Illinois.
22		(d) Explore the feasibility of conducting seminars to
23		provide both entrepreneurs and investors with information
24		about the biotechnology sector in Illinois.
25		(e) Operate, internally or on a contractual basis, an
26		equipment resource referral service to identify available
27		surplus equipment that could be used by biotechnology
28		entrepreneurs.
29		(Source: P.A. 88-584, eff. 8-12-94; revised 12-6-03.)

30		Section 70. The Department of Central Management Services
31		Law of the Civil Administrative Code of Illinois is amended by
32		changing Sections 405-130, 405-295, 405-300, and 405-500 as
33		follows:

1		(20 ILCS 405/405-130) (was 20 ILCS 405/67.28)
2		Sec. 405-130. State employees and retirees suggestion
3		award program.
4		(a) The Department shall assist in the implementation of a
5		State Employees and Retirees Suggestion Award Program, to be
6		administered by the Board created in subsection (b). The
7		program shall encourage and reward improvements in the
8		operation of State government that result in substantial
9		monetary savings. Any State employee, including management
10		personnel as defined by the Department, any annuitant under
11		Article 14 of the Illinois Pension Code and any annuitant under
12		Article 15 of that Code who receives a retirement or disability
13		retirement annuity, but not including elected officials and
14		departmental directors, may submit a cost-saving suggestion to
15		the Board, which shall direct the suggestion to the appropriate
16		department or agency without disclosing the identity of the
17		suggester. A suggester may make a suggestion or include
18		documentation on matters a department or agency considers
19		confidential, except where prohibited by federal or State law;
20		and no disciplinary or other negative action may be taken
21		against the suggester unless there is a violation of federal or
22		State law.
23		Suggestions, including documentation, upon receipt, shall
24		be given confidential treatment and shall not be subject to
25		subpoena or be made public until the agency affected by it has
26		had the opportunity to request continued confidentiality. The
27		agency, if it requests continued confidentiality, shall attest
28		that disclosure would violate federal or State law or rules and
29		regulations pursuant to federal or State law or is a matter
30		covered under Section 7 of the Freedom of Information Act. The
31		Board shall make its decision on continued confidentiality and,
32		if it so classifies the suggestion, shall notify the suggester
33		and agency. A suggestion classified "continued confidential"
34		shall nevertheless be evaluated and considered for award. A
35		suggestion that the Board finds or the suggester states or

1		implies constitutes a disclosure of information that the
2		suggester reasonably believes evidences (1) a violation of any
3		law, rule, or regulation or (2) mismanagement, a gross waste of
4		funds, an abuse of authority, or a substantial and specific
5		danger to public health or safety may be referred to the
6		appropriate investigatory or law enforcement agency for
7		consideration for investigation and action. The identity of the
8		suggester may not be disclosed without the consent of the
9		suggester during any investigation of the information and any
10		related matters. Such a suggestion shall also be evaluated and
11		an award made when appropriate. That portion of Board meetings
12		that involves the consideration of suggestions classified
13		"continued confidential" or being considered for that
14		classification shall be closed meetings.
15		The Board may at its discretion make awards for those
16		suggestions certified by agency or department heads as
17		resulting in savings to the State of Illinois. Management
18		personnel shall be recognized for their suggestions as the
19		Board considers appropriate but shall not receive any monetary
20		award. Annuitants and employees, other than employees who are
21		management personnel, shall receive awards in accordance with
22		the schedule below. Each award to employees other than
23		management personnel and awards to annuitants shall be paid in
24		one lump sum by the Board created in subsection (b). A monetary
25		award may be increased by appropriation of the General
26		Assembly.
27		The amount of each award to employees other than management
28		personnel and the award to annuitants shall be determined as
29		follows:

8		(b) There is created a State Employees and Retirees
9		Suggestion Award Board to administer the program described in
10		subsection (a). The Board shall consist of 8 members appointed
11		2 each by the President of the Senate, the Minority Leader of
12		the Senate, the Speaker of the House of Representatives, and
13		the Minority Leader of the House of Representatives and, as
14		ex-officio, non-voting members, the directors of the
15		Governor's Office of Management and Budget Bureau of the Budget
16		and the Department. Each appointing authority shall designate
17		one initial appointee to serve one year and one initial
18		appointee to serve 2 years; subsequent terms shall be 2 years.
19		Any vacancies shall be filled for the unexpired term by the
20		original appointing authority and any member may be
21		reappointed. Board members shall serve without compensation
22		but may be reimbursed for expenses incurred in the performance
23		of their duties. The Board shall annually elect a chairman from
24		among its number, shall meet monthly or more frequently at the
25		call of the chairman, and shall establish necessary procedures,
26		guidelines, and criteria for the administration of the program.
27		The Board shall annually report to the General Assembly by
28		January 1 on the operation of the program, including the nature
29		and cost-savings of implemented suggestions, and any
30		recommendations for legislative changes it deems appropriate.
31		The General Assembly shall make an annual appropriation to the
32		Board for payment of awards and the expenses of the Board, such
33		as, but not limited to: travel of the members, preparation of
34		publicity material, printing of forms and other matter, and
35		contractual expenses.
36		(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)

1		(20 ILCS 405/405-295) (was 20 ILCS 405/67.30)
2		Sec. 405-295. Decreased energy consumption. The Department
3		may enter into contracts for equipment or services designed to
4		decrease energy consumption in State programs and State owned
5		or controlled buildings or equipment. Prior to entering into
6		any such contract for a State owned building, the Department
7		shall consult with the Executive Director of the Capital
8		Development Board. The Department may consult with the
9		Department of Commerce and Economic Opportunity Community
10		Affairs regarding any aspect of energy consumption projects.
11		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
12		(20 ILCS 405/405-300) (was 20 ILCS 405/67.02)
13		Sec. 405-300. Lease or purchase of facilities; training
14		programs.
15		(a) To lease or purchase office and storage space,
16		buildings, land, and other facilities for all State agencies,
17		authorities, boards, commissions, departments, institutions,
18		and bodies politic and all other administrative units or
19		outgrowths of the executive branch of State government except
20		the Constitutional officers, the State Board of Education and
21		the State colleges and universities and their governing bodies.
22		However, before leasing or purchasing any office or storage
23		space, buildings, land or other facilities in any municipality
24		the Department shall survey the existing State-owned and
25		State-leased property to make a determination of need.
26		The leases shall be for a term not to exceed 5 years,
27		except that the leases may contain a renewal clause subject to
28		acceptance by the State after that date or an option to
29		purchase. The purchases shall be made through contracts that
30		(i) may provide for the title to the property to transfer
31		immediately to the State or a trustee or nominee for the
32		benefit of the State, (ii) shall provide for the consideration
33		to be paid in installments to be made at stated intervals
34		during a certain term not to exceed 30 years from the date of

1		the contract, and (iii) may provide for the payment of interest
2		on the unpaid balance at a rate that does not exceed a rate
3		determined by adding 3 percentage points to the annual yield on
4		United States Treasury obligations of comparable maturity as
5		most recently published in the Wall Street Journal at the time
6		such contract is signed. The leases and purchase contracts
7		shall be and shall recite that they are subject to termination
8		and cancellation in any year for which the General Assembly
9		fails to make an appropriation to pay the rent or purchase
10		installments payable under the terms of the lease or purchase
11		contract. Additionally, the purchase contract shall specify
12		that title to the office and storage space, buildings, land,
13		and other facilities being acquired under the contract shall
14		revert to the Seller in the event of the failure of the General
15		Assembly to appropriate suitable funds. However, this
16		limitation on the term of the leases does not apply to leases
17		to and with the Illinois Building Authority, as provided for in
18		the Building Authority Act. Leases to and with that Authority
19		may be entered into for a term not to exceed 30 years and shall
20		be and shall recite that they are subject to termination and
21		cancellation in any year for which the General Assembly fails
22		to make an appropriation to pay the rent payable under the
23		terms of the lease. These limitations do not apply if the lease
24		or purchase contract contains a provision limiting the
25		liability for the payment of the rentals or installments
26		thereof solely to funds received from the Federal government.
27		(b) To lease from an airport authority office, aircraft
28		hangar, and service buildings constructed upon a public airport
29		under the Airport Authorities Act for the use and occupancy of
30		the State Department of Transportation. The lease may be
31		entered into for a term not to exceed 30 years.
32		(c) To establish training programs for teaching State
33		leasing procedures and practices to new employees of the
34		Department and to keep all employees of the Department informed
35		about current leasing practices and developments in the real
36		estate industry.

1		(d) To enter into an agreement with a municipality or
2		county to construct, remodel, or convert a structure for the
3		purposes of its serving as a correctional institution or
4		facility pursuant to paragraph (c) of Section 3-2-2 of the
5		Unified Code of Corrections.
6		(e) To enter into an agreement with a private individual,
7		trust, partnership, or corporation or a municipality or other
8		unit of local government, when authorized to do so by the
9		Department of Corrections, whereby that individual, trust,
10		partnership, or corporation or municipality or other unit of
11		local government will construct, remodel, or convert a
12		structure for the purposes of its serving as a correctional
13		institution or facility and then lease the structure to the
14		Department for the use of the Department of Corrections. A
15		lease entered into pursuant to the authority granted in this
16		subsection shall be for a term not to exceed 30 years but may
17		grant to the State the option to purchase the structure
18		outright.
19		The leases shall be and shall recite that they are subject
20		to termination and cancellation in any year for which the
21		General Assembly fails to make an appropriation to pay the rent
22		payable under the terms of the lease.
23		(f) On and after September 17, 1983, the powers granted to
24		the Department under this Section shall be exercised
25		exclusively by the Department, and no other State agency may
26		concurrently exercise any such power unless specifically
27		authorized otherwise by a later enacted law. This subsection is
28		not intended to impair any contract existing as of September
29		17, 1983.
30		However, no lease for more than 10,000 square feet of space
31		shall be executed unless the Director, in consultation with the
32		Executive Director of the Capital Development Board, has
33		certified that leasing is in the best interest of the State,
34		considering programmatic requirements, availability of vacant
35		State-owned space, the cost-benefits of purchasing or
36		constructing new space, and other criteria as he or she shall

1		determine. The Director shall not permit multiple leases for
2		less than 10,000 square feet to be executed in order to evade
3		this provision.
4		(g) To develop and implement, in cooperation with the
5		Interagency Energy Conservation Committee, a system for
6		evaluating energy consumption in facilities leased by the
7		Department, and to develop energy consumption standards for use
8		in evaluating prospective lease sites.
9		(h) (1) After June 1, 1998 (the effective date of Public
10		Act 90-520), the Department shall not enter into an
11		agreement for the installment purchase or lease purchase of
12		buildings, land, or facilities unless:
13		(A) the using agency certifies to the Department
14		that the agency reasonably expects that the building,
15		land, or facilities being considered for purchase will
16		meet a permanent space need;
17		(B) the building or facilities will be
18		substantially occupied by State agencies after
19		purchase (or after acceptance in the case of a build to
20		suit);
21		(C) the building or facilities shall be in new or
22		like new condition and have a remaining economic life
23		exceeding the term of the contract;
24		(D) no structural or other major building
25		component or system has a remaining economic life of
26		less than 10 years;
27		(E) the building, land, or facilities:
28		(i) is free of any identifiable environmental
29		hazard or
30		(ii) is subject to a management plan, provided
31		by the seller and acceptable to the State, to
32		address the known environmental hazard;
33		(F) the building, land, or facilities satisfy
34		applicable handicap accessibility and applicable
35		building codes; and
36		(G) the State's cost to lease purchase or

1		installment purchase the building, land, or facilities
2		is less than the cost to lease space of comparable
3		quality, size, and location over the lease purchase or
4		installment purchase term.
5		(2) The Department shall establish the methodology for
6		comparing lease costs to the costs of installment or lease
7		purchases. The cost comparison shall take into account all
8		relevant cost factors, including, but not limited to, debt
9		service, operating and maintenance costs, insurance and
10		risk costs, real estate taxes, reserves for replacement and
11		repairs, security costs, and utilities. The methodology
12		shall also provide:
13		(A) that the comparison will be made using level
14		payment plans; and
15		(B) that a purchase price must not exceed the fair
16		market value of the buildings, land, or facilities and
17		that the purchase price must be substantiated by an
18		appraisal or by a competitive selection process.
19		(3) If the Department intends to enter into an
20		installment purchase or lease purchase agreement for
21		buildings, land, or facilities under circumstances that do
22		not satisfy the conditions specified by this Section, it
23		must issue a notice to the Secretary of the Senate and the
24		Clerk of the House. The notice shall contain (i) specific
25		details of the State's proposed purchase, including the
26		amounts, purposes, and financing terms; (ii) a specific
27		description of how the proposed purchase varies from the
28		procedures set forth in this Section; and (iii) a specific
29		justification, signed by the Director, stating why it is in
30		the State's best interests to proceed with the purchase.
31		The Department may not proceed with such an installment
32		purchase or lease purchase agreement if, within 60 calendar
33		days after delivery of the notice, the General Assembly, by
34		joint resolution, disapproves the transaction. Delivery
35		may take place on a day and at an hour when the Senate and
36		House are not in session so long as the offices of

1		Secretary and Clerk are open to receive the notice. In
2		determining the 60-day period within which the General
3		Assembly must act, the day on which delivery is made to the
4		Senate and House shall not be counted. If delivery of the
5		notice to the 2 houses occurs on different days, the 60-day
6		period shall begin on the day following the later delivery.
7		(4) On or before February 15 of each year, the
8		Department shall submit an annual report to the Director of
9		the Governor's Office of Management and Budget Bureau of
10		the Budget and the General Assembly regarding installment
11		purchases or lease purchases of buildings, land, or
12		facilities that were entered into during the preceding
13		calendar year. The report shall include a summary statement
14		of the aggregate amount of the State's obligations under
15		those purchases; specific details pertaining to each
16		purchase, including the amounts, purposes, and financing
17		terms and payment schedule for each purchase; and any other
18		matter that the Department deems advisable.
19		The requirement for reporting to the General Assembly
20		shall be satisfied by filing copies of the report with the
21		Auditor General, the Speaker, the Minority Leader, and the
22		Clerk of the House of Representatives and the President,
23		the Minority Leader, and the Secretary of the Senate, the
24		Chairs of the Appropriations Committees, and the
25		Legislative Research Unit, as required by Section 3.1 of
26		the General Assembly Organization Act, and filing
27		additional copies with the State Government Report
28		Distribution Center for the General Assembly as is required
29		under paragraph (t) of Section 7 of the State Library Act.
30		(Source: P.A. 90-520, eff. 6-1-98; 91-239, eff. 1-1-00; revised
31		8-23-03.)
32		(20 ILCS 405/405-500)
33		Sec. 405-500. Matters relating to the Office of the
34		Lieutenant Governor.
35		(a) It is the purpose of this Section to provide for the

1		administration of the affairs of the Office of the Lieutenant
2		Governor during a period when the Office of Lieutenant Governor
3		is vacant.
4		It is the intent of the General Assembly that all powers
5		and duties of the Lieutenant Governor assumed and exercised by
6		the Director of Central Management Services, the Department of
7		Central Management Services, or another Director, State
8		employee, or State agency designated by the Governor under the
9		provisions of Public Act 90-609 be reassumed by the Lieutenant
10		Governor on January 11, 1999.
11		(b) Until January 11, 1999, while the office of Lieutenant
12		Governor is vacant, the Director of Central Management Services
13		shall assume and exercise the powers and duties given to the
14		Lieutenant Governor under the Illinois Commission on Community
15		Service Act, Section 46.53 of the Civil Administrative Code of
16		Illinois (renumbered; now Section 605-75 of the Department of
17		Commerce and Economic Opportunity Community Affairs Law, 20
18		ILCS 605/605-75) (relating to the Keep Illinois Beautiful
19		program), Section 12-1 of the State Finance Act, the Gifts and
20		Grants to Government Act, and the Illinois Distance Learning
21		Foundation Act.
22		The Director of Central Management Services shall not
23		assume or exercise the powers and duties given to the
24		Lieutenant Governor under the Rural Bond Bank Act.
25		(c) Until January 11, 1999, while the office of Lieutenant
26		Governor is vacant, the Department of Central Management
27		Services shall assume and exercise the powers and duties given
28		to the Office of the Lieutenant Governor under Section 2-3.112
29		of the School Code, the Illinois River Watershed Restoration
30		Act, the Illinois Wildlife Prairie Park Act, Section 12-1 of
31		the State Finance Act, and the Illinois Distance Learning
32		Foundation Act.
33		(c-5) Notwithstanding subsection (c): (i) the Governor
34		shall appoint an interim member, who shall be interim
35		chairperson, of the Illinois River Coordinating Council while
36		the office of the Lieutenant Governor is vacant until January

1		11, 1999 and (ii) the Governor shall appoint an interim member,
2		who shall be interim chairperson, of the Illinois Wildlife
3		Prairie Park Commission while the office of the Lieutenant
4		Governor is vacant until January 11, 1999.
5		(d) Until January 11, 1999, while the office of Lieutenant
6		Governor is vacant, the Department of Central Management
7		Services may assume and exercise the powers and duties that
8		have been delegated to the Lieutenant Governor by the Governor.
9		(e) Until January 11, 1999, while the office of Lieutenant
10		Governor is vacant, appropriations to the Office of the
11		Lieutenant Governor may be obligated and expended by the
12		Department of Central Management Services, with the
13		authorization of the Director of Central Management Services,
14		for the purposes specified in those appropriations. These
15		obligations and expenditures shall continue to be accounted for
16		as obligations and expenditures of the Office of the Lieutenant
17		Governor.
18		(f) Until January 11, 1999, while the office of Lieutenant
19		Governor is vacant, all employees of the Office of the
20		Lieutenant Governor who are needed to carry out the
21		responsibilities of the Office are temporarily reassigned to
22		the Department of Central Management Services. This
23		reassignment shall not be deemed to constitute new employment
24		or to change the terms or conditions of employment or the
25		qualifications required of the employees, except that the
26		reassigned employees shall be subject to supervision by the
27		Department during the temporary reassignment period.
28		(g) Until January 11, 1999, while the office of Lieutenant
29		Governor is vacant, the Department of Central Management
30		Services shall temporarily assume and exercise the powers and
31		duties of the Office of the Lieutenant Governor under contracts
32		to which the Office of the Lieutenant Governor is a party. The
33		assumption of rights and duties under this subsection shall not
34		be deemed to change the terms or conditions of the contract.
35		The Department of Central Management Services may amend,
36		extend, or terminate any such contract in accordance with its

1		terms; may agree to terminate a contract at the request of the
2		other party; and may, with the approval of the Governor, enter
3		into new contracts on behalf of the Office of the Lieutenant
4		Governor.
5		(h) The Governor may designate a State employee or director
6		other than the Director of Central Management Services or a
7		State agency other than the Department of Central Management
8		Services to assume and exercise any particular power or duty
9		that would otherwise be assumed and exercised by the Director
10		of Central Management Services or the Department of Central
11		Management Services under subsection (b), (c), or (d) of this
12		Section.
13		Except as provided below, if the Governor designates a
14		State employee or director other than the Director of Central
15		Management Services or a State agency other than the Department
16		of Central Management Services, that person or agency shall be
17		responsible for those duties set forth in subsections (e), (f),
18		and (g) that directly relate to the designation of duties under
19		subsections (b), (c), and (d).
20		If the Governor's designation relates to duties of the
21		Commission on Community Service or the Distance Learning
22		Foundation, the Director of Central Management Services and the
23		Department of Central Management Services may, if so directed
24		by the Governor, continue to be responsible for those duties
25		set forth in subsections (e), (f), and (g) relating to that
26		designation.
27		(i) Business transacted under the authority of this Section
28		by entities other than the Office of the Lieutenant Governor
29		shall be transacted on behalf of and in the name of the Office
30		of the Lieutenant Governor. Property of the Office of the
31		Lieutenant Governor shall remain the property of that Office
32		and may continue to be used by persons performing the functions
33		of that Office during the vacancy period, except as otherwise
34		directed by the Governor.
35		(Source: P.A. 90-609, eff. 6-30-98; 91-239, eff. 1-1-00;
36		revised 1-17-04.)

1		Section 75. The Personnel Code is amended by changing
2		Section 8a as follows:
3		(20 ILCS 415/8a) (from Ch. 127, par. 63b108a)
4		Sec. 8a. Jurisdiction A - Classification and pay. For
5		positions in the State service subject to the jurisdiction of
6		the Department of Central Management Services with respect to
7		the classification and pay:
8		(1) For the preparation, maintenance, and revision by the
9		Director, subject to approval by the Commission, of a position
10		classification plan for all positions subject to this Act,
11		based upon similarity of duties performed, responsibilities
12		assigned, and conditions of employment so that the same
13		schedule of pay may be equitably applied to all positions in
14		the same class. However, the pay of an employee whose position
15		is reduced in rank or grade by reallocation because of a loss
16		of duties or responsibilities after his appointment to such
17		position shall not be required to be lowered for a period of
18		one year after the reallocation of his position. Conditions of
19		employment shall not be used as a factor in the classification
20		of any position heretofore paid under the provisions of Section
21		1.22 of "An Act to standardize position titles and salary
22		rates", approved June 30, 1943, as amended. Unless the
23		Commission disapproves such classification plan within 60
24		days, or any revision thereof within 30 days, the Director
25		shall allocate every such position to one of the classes in the
26		plan. Any employee affected by the allocation of a position to
27		a class shall, after filing with the Director of Central
28		Management Services a written request for reconsideration
29		thereof in such manner and form as the Director may prescribe,
30		be given a reasonable opportunity to be heard by the Director.
31		If the employee does not accept the allocation of the position,
32		he shall then have the right of appeal to the Civil Service
33		Commission.
34		(2) For a pay plan to be prepared by the Director for all

1		employees subject to this Act after consultation with operating
2		agency heads and the Director of the Governor's Office of
3		Management and Budget Bureau of the Budget. Such pay plan may
4		include provisions for uniformity of starting pay, an increment
5		plan, area differentials, a delay not to exceed one year prior
6		to the reduction of the pay of employees whose positions are
7		reduced in rank or grade by reallocation because of a loss of
8		duties or responsibilities after their appointments to such
9		positions, prevailing rates of wages in those classifications
10		in which employers are now paying or may hereafter pay such
11		rates of wage and other provisions. Such pay plan shall become
12		effective only after it has been approved by the Governor.
13		Amendments to the pay plan shall be made in the same manner.
14		Such pay plan shall provide that each employee shall be paid at
15		one of the rates set forth in the pay plan for the class of
16		position in which he is employed, subject to delay in the
17		reduction of pay of employees whose positions are reduced in
18		rank or grade by allocation as above set forth in this Section.
19		Such pay plan shall provide for a fair and reasonable
20		compensation for services rendered.
21		This section is inapplicable to the position of Assistant
22		Director of Public Aid in the Department of Public Aid. The
23		salary for this position shall be as established in "The Civil
24		Administrative Code of Illinois", approved March 7, 1917, as
25		amended.
26		(Source: P.A. 82-789; revised 8-23-03.)

27		Section 80. The Children and Family Services Act is amended
28		by changing Section 34.10 as follows:
29		(20 ILCS 505/34.10) (from Ch. 23, par. 5034.10)
30		Sec. 34.10. Home child care demonstration project;
31		conversion and renovation grants; Department of Human
32		Services.
33		(a) The legislature finds that the demand for quality child
34		care far outweighs the number of safe, quality spaces for our

1		children. The purpose of this Section is to increase the number
2		of child care providers by:
3		(1) developing a demonstration project to train
4		individuals to become home child care providers who are
5		able to establish and operate their own child care
6		facility; and
7		(2) providing grants to convert and renovate existing
8		facilities.
9		(b) The Department of Human Services may from
10		appropriations from the Child Care Development Block Grant
11		establish a demonstration project to train individuals to
12		become home child care providers who are able to establish and
13		operate their own home-based child care facilities. The
14		Department of Human Services is authorized to use funds for
15		this purpose from the child care and development funds
16		deposited into the Special Purposes Trust Fund as described in
17		Section 12-10 of the Illinois Public Aid Code and, until
18		October 1, 1998, the Child Care and Development Fund created by
19		the 87th General Assembly. As an economic development program,
20		the project's focus is to foster individual self-sufficiency
21		through an entrepreneurial approach by the creation of new jobs
22		and opening of new small home-based child care businesses. The
23		demonstration project shall involve coordination among State
24		and county governments and the private sector, including but
25		not limited to: the community college system, the Departments
26		of Labor and Commerce and Economic Opportunity Community
27		Affairs, the State Board of Education, large and small private
28		businesses, nonprofit programs, unions, and child care
29		providers in the State.
30		The Department shall submit:
31		(1) a progress report on the demonstration project to
32		the legislature by one year after the effective date of
33		this amendatory Act of 1991; and
34		(2) a final evaluation report on the demonstration
35		project, including findings and recommendations, to the
36		legislature by one year after the due date of the progress

1		report.
2		(c) The Department of Human Services may from
3		appropriations from the Child Care Development Block Grant
4		provide grants to family child care providers and center based
5		programs to convert and renovate existing facilities, to the
6		extent permitted by federal law, so additional family child
7		care homes and child care centers can be located in such
8		facilities.
9		(1) Applications for grants shall be made to the
10		Department and shall contain information as the Department
11		shall require by rule. Every applicant shall provide
12		assurance to the Department that:
13		(A) the facility to be renovated or improved shall
14		be used as family child care home or child care center
15		for a continuous period of at least 5 years;
16		(B) any family child care home or child care center
17		program located in a renovated or improved facility
18		shall be licensed by the Department;
19		(C) the program shall comply with applicable
20		federal and State laws prohibiting discrimination
21		against any person on the basis of race, color,
22		national origin, religion, creed, or sex;
23		(D) the grant shall not be used for purposes of
24		entertainment or perquisites;
25		(E) the applicant shall comply with any other
26		requirement the Department may prescribe to ensure
27		adherence to applicable federal, State, and county
28		laws;
29		(F) all renovations and improvements undertaken
30		with funds received under this Section shall comply
31		with all applicable State and county statutes and
32		ordinances including applicable building codes and
33		structural requirements of the Department; and
34		(G) the applicant shall indemnify and save
35		harmless the State and its officers, agents, and
36		employees from and against any and all claims arising

1		out of or resulting from the renovation and
2		improvements made with funds provided by this Section,
3		and, upon request of the Department, the applicant
4		shall procure sufficient insurance to provide that
5		indemnification.
6		(2) To receive a grant under this Section to convert an
7		existing facility into a family child care home or child
8		care center facility, the applicant shall:
9		(A) agree to make available to the Department of
10		Human Services all records it may have relating to the
11		operation of any family child care home and child care
12		center facility, and to allow State agencies to monitor
13		its compliance with the purpose of this Section;
14		(B) agree that, if the facility is to be altered or
15		improved, or is to be used by other groups, moneys
16		appropriated by this Section shall be used for
17		renovating or improving the facility only to the
18		proportionate extent that the floor space will be used
19		by the child care program; and
20		(C) establish, to the satisfaction of the
21		Department that sufficient funds are available for the
22		effective use of the facility for the purpose for which
23		it is being renovated or improved.
24		(3) In selecting applicants for funding, the
25		Department shall make every effort to ensure that family
26		child care home or child care center facilities are
27		equitably distributed throughout the State according to
28		demographic need. The Department shall give priority
29		consideration to rural/Downstate areas of the State that
30		are currently experiencing a shortage of child care
31		services.
32		(4) In considering applications for grants to renovate
33		or improve an existing facility used for the operations of
34		a family child care home or child care center, the
35		Department shall give preference to applications to
36		renovate facilities most in need of repair to address

1		safety and habitability concerns. No grant shall be
2		disbursed unless an agreement is entered into between the
3		applicant and the State, by and through the Department. The
4		agreement shall include the assurances and conditions
5		required by this Section and any other terms which the
6		Department may require.
7		(Source: P.A. 89-507, eff. 7-1-97; 90-587, eff. 7-1-98; revised
8		12-6-03.)

9		Section 85. The Department of Commerce and Economic
10		Opportunity Law of the Civil Administrative Code of Illinois is
11		amended by changing Sections 605-75, 605-105, 605-112,
12		605-332, 605-360, 605-415, 605-512, 605-707, 605-855, and
13		605-865 as follows:
14		(20 ILCS 605/605-75)
15		Sec. 605-75. Keep Illinois Beautiful.
16		(a) There is created the Keep Illinois Beautiful Program
17		Advisory Board consisting of 7 members appointed by the
18		Director of Commerce and Economic Opportunity Community
19		Affairs. Of those 7, 4 shall be appointed from a list of at
20		least 10 names submitted by the boards of directors from the
21		various certified community programs. Each certified community
22		program may submit only one recommendation to be considered by
23		the Director. The Director of Commerce and Economic Opportunity
24		Community Affairs or his or her designee shall be a member and
25		serve as Chairman. The Board shall meet at least annually at
26		the discretion of the Chairman and at such other times as the
27		Chairman or any 4 members consider necessary. Four members
28		shall constitute a quorum.
29		(b) The purpose of the Board shall be to assist local
30		governments and community organizations in:
31		(1) Educating the public about the need for recycling
32		and reducing solid waste.
33		(2) Promoting the establishment of recycling and
34		programs that reduce litter and other solid waste through

1		re-use and diversion.
2		(3) Developing local markets for recycled products.
3		(4) Cooperating with other State agencies and with
4		local governments having environmental responsibilities.
5		(5) Seeking funding from governmental and
6		non-governmental sources.
7		(6) Beautification projects.
8		(c) The Department of Commerce and Economic Opportunity
9		Community Affairs shall assist local governments and community
10		organizations that plan to implement programs set forth in
11		subsection (b). The Department shall establish guidelines for
12		the certification of local governments and community
13		organizations.
14		The Department may encourage local governments and
15		community organizations to apply for certification of programs
16		by the Board. However, the Department shall give equal
17		consideration to newly certified programs and older certified
18		programs.
19		(d) The Keep Illinois Beautiful Fund is created as a
20		special fund in the State treasury. Moneys from any public or
21		private source may be deposited into the Keep Illinois
22		Beautiful Fund. Moneys in the Keep Illinois Beautiful Fund
23		shall be appropriated only for the purposes of this Section.
24		Pursuant to action by the Board, the Department of Commerce and
25		Economic Opportunity Community Affairs may authorize grants
26		from moneys appropriated from the Keep Illinois Beautiful Fund
27		for certified community based programs for up to 50% of the
28		cash needs of the program; provided, that at least 50% of the
29		needs of the program shall be contributed to the program in
30		cash, and not in kind, by local sources.
31		Moneys appropriated for certified community based programs
32		in municipalities of more than 1,000,000 population shall be
33		itemized separately and may not be disbursed to any other
34		community.
35		(e) On the effective date of this amendatory Act of the
36		91st General Assembly, the Lieutenant Governor shall transfer

1		to the Department of Commerce and Community Affairs (now
2		Department of Commerce and Economic Opportunity), and the
3		Department shall receive, all assets and property possessed by
4		the Lieutenant Governor under this Section and all liabilities
5		and obligations for which the Lieutenant Governor was
6		responsible under this Section. Nothing in this subsection
7		affects the validity of certifications and grants issued under
8		this Section before the effective date of this amendatory Act
9		of the 91st General Assembly.
10		(Source: P.A. 91-239, eff. 1-1-00; 91-853, eff. 7-1-00; 92-490,
11		eff. 8-23-01; revised 12-6-03.)
12		(20 ILCS 605/605-105) (was 20 ILCS 605/46.35)
13		Sec. 605-105. Transfer from Department of Local Government
14		Affairs.
15		(a) To assume all rights, powers, duties, and
16		responsibilities of the former Department of Local Government
17		Affairs not pertaining to its property taxation related
18		functions. Personnel, books, records, property and funds
19		pertaining to those non-taxation related functions are
20		transferred to the Department, but any rights of employees or
21		the State under the "Personnel Code" or any other contract or
22		plan shall be unaffected by this transfer.
23		(b) After August 31, 1984 (the effective date of Public Act
24		83-1302), the power, formerly vested in the Department of Local
25		Government Affairs and transferred to the Department of
26		Commerce and Community Affairs (now Department of Commerce and
27		Economic Opportunity), to administer the distribution of funds
28		from the State treasury to reimburse counties where State penal
29		institutions are located for the payment of assistant State's
30		Attorneys' salaries under Section 7 of "An act concerning fees
31		and salaries, and to classify the several counties of this
32		state with reference thereto", approved March 29, 1872, as
33		amended (repealed; now Section 4-2001 of the Counties Code, 55
34		ILCS 5/4-2001), shall be vested in the Department of
35		Corrections pursuant to Section 3-2-2 of the Unified Code of

1		Corrections.
2		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
3		(20 ILCS 605/605-112) (was 20 ILCS 605/46.34b)
4		Sec. 605-112. Transfer relating to the State Data Center.
5		To assume from the Executive Office of the Governor, Bureau of
6		the Budget (now Governor's Office of Management and Budget), on
7		July 1, 1999, all personnel, books, records, papers, documents,
8		property both real and personal, and pending business in any
9		way pertaining to the State Data Center, established pursuant
10		to a Memorandum of Understanding entered into with the Census
11		Bureau pursuant to 15 U.S.C. Section 1525. All personnel
12		transferred pursuant to this Section shall receive certified
13		status under the Personnel Code.
14		(Source: P.A. 91-25, eff. 6-9-99; 92-16, eff. 6-28-01; revised
15		8-23-03.)
16		(20 ILCS 605/605-332)
17		Sec. 605-332. Financial assistance to energy generation
18		facilities.
19		(a) As used in this Section:
20		"New electric generating facility" means a
21		newly-constructed electric generation plant or a newly
22		constructed generation capacity expansion at an existing
23		facility, including the transmission lines and associated
24		equipment that transfers electricity from points of supply to
25		points of delivery, and for which foundation construction
26		commenced not sooner than July 1, 2001, which is designed to
27		provide baseload electric generation operating on a continuous
28		basis throughout the year; and which has an aggregate rated
29		generating capacity of at least 400 megawatts for all new units
30		at one site, uses coal or gases derived from coal as its
31		primary fuel source, and supports the creation of at least 150
32		new Illinois coal mining jobs.
33		"Eligible business" means an entity that proposes to
34		construct a new electric generating facility and that has

1		applied to the Department to receive financial assistance
2		pursuant to this Section. With respect to use and occupation
3		taxes, wherever there is a reference to taxes, that reference
4		means only those taxes paid on Illinois-mined coal used in a
5		new electric generating facility.
6		"Department" means the Illinois Department of Commerce and
7		Economic Opportunity Community Affairs.
8		(b) The Department is authorized to provide financial
9		assistance to eligible businesses for new electric generating
10		facilities from funds appropriated by the General Assembly as
11		further provided in this Section.
12		An eligible business seeking qualification for financial
13		assistance for a new electric generating facility, for purposes
14		of this Section only, shall apply to the Department in the
15		manner specified by the Department. Any projections provided by
16		an eligible business as part of the application shall be
17		independently verified in a manner as set forth by the
18		Department. An application shall include, but not be limited
19		to:
20		(1) the projected or actual completion date of the new
21		electric generating facility for which financial
22		assistance is sought;
23		(2) copies of documentation deemed acceptable by the
24		Department establishing either (i) the total State
25		occupation and use taxes paid on Illinois-mined coal used
26		at the new electric generating facility for a minimum of 4
27		preceding calendar quarters or (ii) the projected amount of
28		State occupation and use taxes paid on Illinois-mined coal
29		used at the new electric generating facility in 4 calendar
30		year quarters after completion of the new electric
31		generating facility. Bond proceeds subject to this Section
32		shall not be allocated to an eligible business until the
33		eligible business has demonstrated the revenue stream
34		sufficient to service the debt on the bonds; and
35		(3) the actual or projected amount of capital
36		investment by the eligible business in the new electric

1		generating facility.
2		The Department shall determine the maximum amount of
3		financial assistance for eligible businesses in accordance
4		with this paragraph. The Department shall not provide financial
5		assistance from general obligation bond funds to any eligible
6		business unless it receives a written certification from the
7		Director of the Bureau of the Budget (now Governor's Office of
8		Management and Budget) that 80% of the State occupation and use
9		tax receipts for a minimum of the preceding 4 calendar quarters
10		for all eligible businesses or as included in projections on
11		approved applications by eligible businesses equal or exceed
12		110% of the maximum annual debt service required with respect
13		to general obligation bonds issued for that purpose. The
14		Department may provide financial assistance not to exceed the
15		amount of State general obligation debt calculated as above,
16		the amount of actual or projected capital investment in the
17		energy generation facility, or $100,000,000, whichever is
18		less. Financial assistance received pursuant to this Section
19		may be used for capital facilities consisting of buildings,
20		structures, durable equipment, and land at the new electric
21		generating facility. Subject to the provisions of the agreement
22		covering the financial assistance, a portion of the financial
23		assistance may be required to be repaid to the State if certain
24		conditions for the governmental purpose of the assistance were
25		not met.
26		An eligible business shall file a monthly report with the
27		Illinois Department of Revenue stating the amount of
28		Illinois-mined coal purchased during the previous month for use
29		in the new electric generating facility, the purchase price of
30		that coal, the amount of State occupation and use taxes paid on
31		that purchase to the seller of the Illinois-mined coal, and
32		such other information as that Department may reasonably
33		require. In sales of Illinois-mined coal between related
34		parties, the purchase price of the coal must have been
35		determined in an arms-length transaction. The report shall be
36		filed with the Illinois Department of Revenue on or before the

1		20th day of each month on a form provided by that Department.
2		However, no report need be filed by an eligible business in a
3		month when it made no reportable purchases of coal in the
4		previous month. The Illinois Department of Revenue shall
5		provide a summary of such reports to the Governor's Office of
6		Management and Budget Bureau of the Budget.
7		Upon granting financial assistance to an eligible
8		business, the Department shall certify the name of the eligible
9		business to the Illinois Department of Revenue. Beginning with
10		the receipt of the first report of State occupation and use
11		taxes paid by an eligible business and continuing for a 25-year
12		period, the Illinois Department of Revenue shall each month pay
13		into the Energy Infrastructure Fund 80% of the net revenue
14		realized from the 6.25% general rate on the selling price of
15		Illinois-mined coal that was sold to an eligible business.
16		(Source: P.A. 92-12, eff. 7-1-01; 93-167, eff. 7-10-03; revised
17		8-23-03.)
18		(20 ILCS 605/605-360) (was 20 ILCS 605/46.19a in part)
19		Sec. 605-360. Technology Innovation and Commercialization
20		Grants-In-Aid Council. There is created within the Department a
21		Technology Innovation and Commercialization Grants-in-Aid
22		Council, which shall consist of 2 representatives of the
23		Department of Commerce and Economic Opportunity Community
24		Affairs, appointed by the Department; one representative of the
25		Illinois Board of Higher Education, appointed by the Board; one
26		representative of science or engineering, appointed by the
27		Governor; two representatives of business, appointed by the
28		Governor; one representative of small business, appointed by
29		the Governor; one representative of the Department of
30		Agriculture, appointed by the Director of Agriculture; and one
31		representative of agribusiness, appointed by the Director of
32		Agriculture. The Director of Commerce and Economic Opportunity
33		Community Affairs shall appoint one of the Department's
34		representatives to serve as chairman of the Council. The
35		Council members shall receive no compensation for their

1		services but shall be reimbursed for their expenses actually
2		incurred by them in the performance of their duties under this
3		Section. The Department shall provide staff services to the
4		Council. The Council shall provide for review and evaluation of
5		all applications received by the Department under Section
6		605-355 and make recommendations on those projects to be
7		funded. The Council shall also assist the Department in
8		monitoring the projects and in evaluating the impact of the
9		program on technological innovation and business development
10		within the State.
11		(Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00;
12		revised 12-6-03.)
13		(20 ILCS 605/605-415)
14		Sec. 605-415. Job Training and Economic Development Grant
15		Program.
16		(a) Legislative findings. The General Assembly finds that:
17		(1) Despite the large number of unemployed job seekers,
18		many employers are having difficulty matching the skills
19		they require with the skills of workers; a similar problem
20		exists in industries where overall employment may not be
21		expanding but there is an acute need for skilled workers in
22		particular occupations.
23		(2) The State of Illinois should foster local economic
24		development by linking the job training of unemployed
25		disadvantaged citizens with the workforce needs of local
26		business and industry.
27		(3) Employers often need assistance in developing
28		training resources that will provide work opportunities
29		for disadvantaged populations.
30		(b) Definitions. As used in this Section:
31		"Community based provider" means a not-for-profit
32		organization, with local boards of directors, that directly
33		provides job training services.
34		"Disadvantaged persons" has the same meaning as in Titles
35		II-A and II-C of the federal Job Training Partnership Act.

1		"Training partners" means a community-based provider and
2		one or more employers who have established training and
3		placement linkages.
4		(c) From funds appropriated for that purpose, the
5		Department of Commerce and Economic Opportunity Community
6		Affairs shall administer a Job Training and Economic
7		Development Grant Program. The Director shall make grants to
8		community-based providers. The grants shall be made to support
9		the following:
10		(1) Partnerships between community-based providers and
11		employers for the customized training of existing
12		low-skilled, low-wage employees and newly hired
13		disadvantaged persons.
14		(2) Partnerships between community-based providers and
15		employers to develop and operate training programs that
16		link the work force needs of local industry with the job
17		training of disadvantaged persons.
18		(d) For projects created under paragraph (1) of subsection
19		(c):
20		(1) The Department shall give a priority to projects
21		that include an in-kind match by an employer in partnership
22		with a community-based provider and projects that use
23		instructional materials and training instructors directly
24		used in the specific industry sector of the partnership
25		employer.
26		(2) The partnership employer must be an active
27		participant in the curriculum development and train
28		primarily disadvantaged populations.
29		(e) For projects created under paragraph (2) of subsection
30		(c):
31		(1) Community based organizations shall assess the
32		employment barriers and needs of local residents and work
33		in partnership with local economic development
34		organizations to identify the priority workforce needs of
35		the local industry.
36		(2) Training partners (that is, community-based

1		organizations and employers) shall work together to design
2		programs with maximum benefits to local disadvantaged
3		persons and local employers.
4		(3) Employers must be involved in identifying specific
5		skill-training needs, planning curriculum, assisting in
6		training activities, providing job opportunities, and
7		coordinating job retention for people hired after training
8		through this program and follow-up support.
9		(4) The community-based organizations shall serve
10		disadvantaged persons, including welfare recipients.
11		(f) The Department shall adopt rules for the grant program
12		and shall create a competitive application procedure for those
13		grants to be awarded beginning in fiscal year 1998. Grants
14		shall be based on a performance based contracting system. Each
15		grant shall be based on the cost of providing the training
16		services and the goals negotiated and made a part of the
17		contract between the Department and the training partners. The
18		goals shall include the number of people to be trained, the
19		number who stay in the program, the number who complete the
20		program, the number who enter employment, their wages, and the
21		number who retain employment. The level of success in achieving
22		employment, wage, and retention goals shall be a primary
23		consideration for determining contract renewals and subsequent
24		funding levels. In setting the goals, due consideration shall
25		be given to the education, work experience, and job readiness
26		of the trainees; their barriers to employment; and the local
27		job market. Periodic payments under the contracts shall be
28		based on the degree to which the relevant negotiated goals have
29		been met during the payment period.
30		(Source: P.A. 91-34, eff. 7-1-99; 91-239, eff. 1-1-00; 92-16,
31		eff. 6-28-01; revised 12-6-03.)
32		(20 ILCS 605/605-512) (was 20 ILCS 605/46.70)
33		(Section scheduled to be repealed on December 31, 2004)
34		Sec. 605-512. Small business incubator grants.
35		(a) Subject to availability of funds in the Small Business

1		Incubator Fund, the Director of Commerce and Economic
2		Opportunity Community Affairs may make grants to eligible small
3		business incubators in an amount not to exceed 50% of State
4		income taxes paid in the previous calendar year by qualified
5		tenant businesses subject to the restrictions of this Section.
6		(b) There is created a special fund in the State Treasury
7		known as the Small Business Incubator Fund. The money in the
8		Fund may be used only for making grants under subsection (a) of
9		this Section. The Department of Revenue shall certify by March
10		1 of each year to the General Assembly the amount of State
11		income taxes paid by qualified tenant businesses in the
12		previous year. The Department of Revenue may, by rule,
13		prescribe forms necessary to identify qualified tenant
14		businesses under this Section. An amount equal to 50% of the
15		amount certified by the Department of Revenue shall be
16		appropriated into the Fund annually.
17		(c) Eligible small business incubators that receive a grant
18		under this Section may use the grant only for capital
19		improvements on the building housing the eligible small
20		business incubator. Each small business incubator shall be
21		eligible for a grant equal to no more than 50% of the amount of
22		State income taxes paid in the previous year by qualified
23		tenant businesses of the small business incubator, minus
24		administrative costs. The eligible small business incubator
25		must keep written records of the use of the grant money for a
26		period of 5 years from disbursement.
27		(d) By April 1 of each year, an eligible small business
28		incubator may apply for a grant under this Section on forms
29		developed by the Department. The Department may require
30		applicants to provide proof of eligibility. Upon review of the
31		applications, the Director of Commerce and Economic
32		Opportunity Community Affairs shall approve or disapprove the
33		application. At the start of each fiscal year or upon approval
34		of the budget for that fiscal year, whichever is later, the
35		Director shall determine the amount of funds available for
36		grants under this Section and shall then approve the grants.

1		(e) For purposes of this Section:
2		(1) "Eligible small business incubator" means an
3		entity that is dedicated to the successful development of
4		entrepreneurial companies, has a specific written policy
5		identifying requirements for a business "to graduate" from
6		the incubator, either owns or leases real estate in which
7		qualified tenant businesses operate, and provides all of
8		the following services: management guidance, rental
9		spaces, shared basic business equipment, technology
10		support services, and assistance in obtaining financing.
11		(2) "Qualified tenant business" means a business that
12		currently leases space from an eligible small business
13		incubator, is less than 5 years old, and either has not
14		fulfilled the eligible small business incubator's
15		graduation requirements or has fulfilled these
16		requirements within the last 5 years.
17		(f) Five percent of the amount that is appropriated
18		annually into the Small Business Incubator Fund shall be
19		allotted to the Department of Commerce and Economic Opportunity
20		Community Affairs for the purpose of administering,
21		overseeing, and evaluating the grant process and outcome.
22		(g) This Section is repealed on December 31, 2004.
23		The evaluation of the effectiveness of the grant process
24		and subsequent outcome of job and business creation shall
25		recommend the continuation or the repeal of this Section and
26		shall be submitted to the Governor and the General Assembly
27		before December 31, 2003.
28		(Source: P.A. 91-592, eff. 8-14-99; 92-16, eff. 6-28-01;
29		revised 12-6-03.)
30		(20 ILCS 605/605-707) (was 20 ILCS 605/46.6d)
31		Sec. 605-707. International Tourism Program.
32		(a) The Department of Commerce and Economic Opportunity
33		Community Affairs must establish a program for international
34		tourism. The Department shall develop and implement the program
35		on January 1, 2000 by rule. As part of the program, the

1		Department may work in cooperation with local convention and
2		tourism bureaus in Illinois in the coordination of
3		international tourism efforts at the State and local level. The
4		Department may (i) work in cooperation with local convention
5		and tourism bureaus for efficient use of their international
6		tourism marketing resources, (ii) promote Illinois in
7		international meetings and tourism markets, (iii) work with
8		convention and tourism bureaus throughout the State to increase
9		the number of international tourists to Illinois, (iv) provide
10		training, research, technical support, and grants to certified
11		convention and tourism bureaus, (v) provide staff,
12		administration, and related support required to manage the
13		programs under this Section, and (vi) provide grants for the
14		development of or the enhancement of international tourism
15		attractions.
16		(b) The Department shall make grants for expenses related
17		to international tourism and pay for the staffing,
18		administration, and related support from the International
19		Tourism Fund, a special fund created in the State Treasury. Of
20		the amounts deposited into the Fund in fiscal year 2000 after
21		January 1, 2000, 55% shall be used for grants to convention and
22		tourism bureaus in Chicago (other than the City of Chicago's
23		Office of Tourism) and 45% shall be used for development of
24		international tourism in areas outside of Chicago. Of the
25		amounts deposited into the Fund in fiscal year 2001 and
26		thereafter, 55% shall be used for grants to convention and
27		tourism bureaus in Chicago, and of that amount not less than
28		27.5% shall be used for grants to convention and tourism
29		bureaus in Chicago other than the City of Chicago's Office of
30		Tourism, and 45% shall be used for administrative expenses
31		authorized under this Section and development of international
32		tourism in areas outside of Chicago, of which not less than
33		$1,000,000 shall be used annually to make grants to convention
34		and tourism bureaus in cities other than Chicago that
35		demonstrate their international tourism appeal and request to
36		develop or expand their international tourism marketing

1		program, and may also be used to provide grants under item (vi)
2		of subsection (a) of this Section.
3		(c) A convention and tourism bureau is eligible to receive
4		grant moneys under this Section if the bureau is certified to
5		receive funds under Title 14 of the Illinois Administrative
6		Code, Section 550.35. To be eligible for a grant, a convention
7		and tourism bureau must provide matching funds equal to the
8		grant amount. In certain circumstances as determined by the
9		Director of Commerce and Economic Opportunity Community
10		Affairs, however, the City of Chicago's Office of Tourism or
11		any other convention and tourism bureau may provide matching
12		funds equal to no less than 50% of the grant amount to be
13		eligible to receive the grant. One-half of this 50% may be
14		provided through in-kind contributions. Grants received by the
15		City of Chicago's Office of Tourism and by convention and
16		tourism bureaus in Chicago may be expended for the general
17		purposes of promoting conventions and tourism.
18		(Source: P.A. 91-604, eff. 8-16-99; 91-683, eff. 1-26-00;
19		92-38, eff. 6-28-01; revised 12-6-03.)
20		(20 ILCS 605/605-855) (was 20 ILCS 605/46.32a in part)
21		Sec. 605-855. Grants to local coalitions and
22		labor-management-community committees.
23		(a) The Director, with the advice of the
24		Labor-Management-Community Cooperation Committee, shall have
25		the authority to provide grants to employee coalitions or other
26		coalitions that enhance or promote work and family programs and
27		address specific community concerns, and to provide matching
28		grants, grants, and other resources to establish or assist area
29		labor-management-community committees and other projects that
30		serve to enhance labor-management-community relations. The
31		Department shall have the authority, with the advice of the
32		Labor-Management-Community Cooperation Committee, to award
33		grants or matching grants in the areas provided in subsections
34		(b) through (g).
35		(b) Matching grants to existing local

1		labor-management-community committees. To be eligible for
2		matching grants pursuant to this subsection, local
3		labor-management-community committees shall meet all of the
4		following criteria:
5		(1) Be a formal, not-for-profit organization
6		structured for continuing service with voluntary
7		membership.
8		(2) Be composed of labor, management, and community
9		representatives.
10		(3) Service a distinct and identifiable geographic
11		region.
12		(4) Be staffed by a professional chief executive
13		officer.
14		(5) Have been established with the Department for at
15		least 2 years.
16		(6) Operate in compliance with rules set forth by the
17		Department with the advice of the
18		Labor-Management-Community Cooperation Committee.
19		(7) Ensure that their efforts and activities are
20		coordinated with relevant agencies, including but not
21		limited to the following:
22		Department of Commerce and Economic Opportunity
23		Community Affairs
24		Illinois Department of Labor
25		Economic development agencies
26		Planning agencies
27		Colleges, universities, and community colleges
28		U.S. Department of Labor
29		Statewide Job Training Partnership Act entities or
30		entities under any successor federal workforce
31		training and development legislation.
32		Further, the purpose of the local
33		labor-management-community committees will include, but not be
34		limited to, the following:
35		(i) Enhancing the positive labor-management-community
36		relationship within the State, region, community, and/or

1		work place.
2		(ii) Assisting in the retention, expansion, and
3		attraction of businesses and jobs within the State through
4		special training programs, gathering and disseminating
5		information, and providing assistance in local economic
6		development efforts as appropriate.
7		(iii) Creating and maintaining a regular
8		nonadversarial forum for ongoing dialogue between labor,
9		management, and community representatives to discuss and
10		resolve issues of mutual concern outside the realm of the
11		traditional collective bargaining process.
12		(iv) Acting as an intermediary for initiating local
13		programs between unions and employers that would generally
14		improve economic conditions in a region.
15		(v) Encouraging, assisting, and facilitating the
16		development of work-site and industry
17		labor-management-community committees in the region.
18		Any local labor-management-community committee meeting
19		these criteria may apply to the Department for annual matching
20		grants, provided that the local committee contributes at least
21		25% in matching funds, of which no more than 50% shall be
22		"in-kind" services. Funds received by a local committee
23		pursuant to this subsection shall be used for the ordinary
24		operating expenses of the local committee.
25		(c) Matching grants to local labor-management-community
26		committees that do not meet all of the eligibility criteria set
27		forth in subsection (b). However, to be eligible to apply for a
28		grant under this subsection (c), the local
29		labor-management-community committee, at a minimum, shall meet
30		all of the following criteria:
31		(1) Be composed of labor, management, and community
32		representatives.
33		(2) Service a distinct and identifiable geographic
34		region.
35		(3) Operate in compliance with the rules set forth by
36		the Department with the advice of the

1		Labor-Management-Community Cooperation Committee.
2		(4) Ensure that its efforts and activities are directed
3		toward enhancing the labor-management-community
4		relationship within the State, region, community, and/or
5		work place.
6		Any local labor-management-community committee meeting
7		these criteria may apply to the Department for an annual
8		matching grant, provided that the local committee contributes
9		at least 25% in matching funds of which no more than 50% shall
10		be "in-kind" services. Funds received by a local committee
11		pursuant to this subsection (c) shall be used for the ordinary
12		and operating expenses of the local committee. Eligible
13		committees shall be limited to 3 years of funding under this
14		subsection. With respect to those committees participating in
15		this program prior to enactment of this amendatory Act of 1988
16		that fail to qualify under paragraph (1) of this subsection
17		(c), previous years' funding shall be counted in determining
18		whether those committees have reached their funding limit under
19		this subsection (c).
20		(d) Grants to develop and conduct specialized education and
21		training programs of direct benefit to representatives of
22		labor, management, labor-management-community committees
23		and/or their staff. The type of education and training programs
24		to be developed and offered will be determined and prioritized
25		annually by the Department, with the advice of the
26		Labor-Management-Community Cooperation Committee. The
27		Department will develop and issue an annual request for
28		proposals detailing the program specifications.
29		(e) Grants for research and development projects related to
30		labor-management-community or employment-related family
31		issues. The Department, with the advice of the
32		Labor-Management-Community Cooperation Committee, will develop
33		and prioritize annually the type and scope of the research and
34		development projects deemed necessary.
35		(f) Grants of up to a maximum of $5,000 to support the
36		planning of regional work, family, and community planning

1		conferences that will be based on specific community concerns.
2		(g) Grants to initiate or support recently created
3		employer-led coalitions to establish pilot projects that
4		promote the understanding of the work and family issues and
5		support local workforce dependent care services.
6		(h) The Department is authorized to establish applications
7		and application procedures and promulgate any rules deemed
8		necessary in the administration of the grants.
9		(Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99;
10		91-476, eff. 8-11-99; 92-16, eff. 6-28-01; revised 12-6-03.)
11		(20 ILCS 605/605-865)
12		Sec. 605-865. Family-friendly workplace initiative. The
13		Department of Commerce and Economic Opportunity Community
14		Affairs, with the advice of members of the business community,
15		may establish a family-friendly workplace initiative. The
16		Department may develop a program to annually collect
17		information regarding the State's private eligible employers
18		with 50 or fewer employees and private eligible employers with
19		51 or more employees in the State providing the most
20		family-friendly benefits to their employees. The same program
21		may be established for public employers. The criteria for
22		determining eligible employers includes, but is not limited to,
23		the following:
24		(1) consideration of the dependent care scholarship or
25		discounts given by the employer;
26		(2) flexible work hours and schedules;
27		(3) time off for caring for sick or injured dependents;
28		(4) the provision of onsite or nearby dependent care;
29		(5) dependent care referral services; and
30		(6) in-kind contributions to community dependent care
31		programs.
32		Those employers chosen by the Department may be recognized
33		with annual "family-friendly workplace" awards and a Statewide
34		information and advertising campaign publicizing the
35		employers' awards, their contributions to family-friendly

1		child care, and the methods they used to improve the dependent
2		care experiences of their employees' families.
3		(Source: P.A. 93-478, eff. 8-8-03; revised 12-6-03.)

4		Section 90. The Business Assistance and Regulatory Reform
5		Act is amended by changing Section 10 as follows:
6		(20 ILCS 608/10)
7		Sec. 10. Executive Office. There is created an Office of
8		Business Permits and Regulatory Assistance (hereinafter
9		referred to as "office") within the Department of Commerce and
10		Community Affairs (now Department of Commerce and Community
11		Opportunity) which shall consolidate existing programs
12		throughout State government, provide assistance to businesses
13		with fewer than 500 employees in meeting State requirements for
14		doing business and perform other functions specified in this
15		Act. By March 1, 1994, the office shall complete and file with
16		the Governor and the General Assembly a plan for the
17		implementation of this Act. Thereafter, the office shall carry
18		out the provisions of this Act, subject to funding through
19		appropriation.
20		(Source: P.A. 88-404; revised 12-6-03.)

21		Section 95. The Center for Business Ownership Succession
22		and Employee Ownership Act is amended by changing Section 2 as
23		follows:
24		(20 ILCS 609/2)
25		Sec. 2. Center for Business Ownership Succession and
26		Employee Ownership.
27		(a) There is created within the Department of Commerce and
28		Community Affairs (now Department of Commerce and Economic
29		Opportunity) the Center for Business Ownership Succession and
30		Employee Ownership.
31		The purpose of the Center is to foster greater awareness of
32		the most effective techniques that facilitate business

1		ownership succession and employee ownership with an emphasis on
2		the retention and creation of job opportunities.
3		(b) The Center shall have the authority to do the
4		following:
5		(1) Develop and disseminate materials to promote
6		effective business ownership succession and employee
7		ownership strategies.
8		(2) Provide counseling to individual companies and
9		referral services to provide professional advisors expert
10		in the field of business ownership succession and employee
11		ownership.
12		(3) Plan, organize, sponsor, or conduct conferences
13		and workshops on business ownership succession and
14		employee ownership issues.
15		(4) Network and contract with local economic
16		development agencies, business organizations, and
17		professional advisors to accomplish the goals of the
18		Center.
19		(5) Raise money from private sources to support the
20		work of the Center.
21		(c) (Blank).
22		(Source: P.A. 91-583, eff. 1-1-00; revised 12-6-03.)

23		Section 100. The Corporate Headquarters Relocation Act is
24		amended by changing Section 10 as follows:
25		(20 ILCS 611/10)
26		Sec. 10. Definitions. As used in this Act:
27		"Corporate headquarters" means the building or buildings
28		that the principal executive officers of an eligible business
29		have designated as their principal offices and that has at
30		least 250 employees who are principally located in that
31		building or those buildings. The principal executive officers
32		may include, by way of example and not of limitation, the chief
33		executive officer, the chief operating officer, and other
34		senior officer-level employees of the eligible business.

1		"Corporate headquarters" may also include ancillary
2		transportation facilities owned or leased by the eligible
3		business whether or not physically adjacent to the principal
4		office building or buildings used by the principal executive
5		officers. The ancillary transportation facilities may include,
6		but are not limited to, airplane hangars, helipads or
7		heliports, fixed base operations, maintenance facilities, and
8		other aviation-related facilities. All employees of the
9		eligible business may count toward the satisfaction of the
10		numeric requirement of this definition, including but not
11		limited to support staff and other personnel who work in or
12		from the office building or buildings or transportation
13		facilities.
14		"Department" means the Department of Commerce and Economic
15		Opportunity Community Affairs.
16		"Director" means the Director of Commerce and Economic
17		Opportunity Community Affairs.
18		"Eligible business" means a business that: (i) is engaged
19		in interstate or intrastate commerce; (ii) maintains its
20		corporate headquarters in a state other than Illinois as of the
21		effective date of this Act; (iii) had annual worldwide revenues
22		of at least $25,000,000,000 for the year immediately preceding
23		its application to the Department for the benefits authorized
24		by this Act; and (iv) is prepared to commit contractually to
25		relocating its corporate headquarters to the State of Illinois
26		in consideration of the benefits authorized by this Act.
27		"Fund" means the Corporate Headquarters Relocation
28		Assistance Fund.
29		"Qualifying project" means the relocation of the corporate
30		headquarters of an eligible business from a location outside of
31		Illinois to a location within Illinois, whether to an existing
32		structure or otherwise. When the relocation involves an initial
33		interim facility within Illinois and a subsequent further
34		relocation within 5 years after the effective date of this Act
35		to a permanent facility also within Illinois, all those
36		activities collectively constitute a "qualifying project"

1		under this Act.
2		"Relocation costs" means the expenses incurred by an
3		eligible business for a qualifying project, including, but not
4		limited to, the following: moving costs and related expenses;
5		purchase of new or replacement equipment; outside professional
6		fees and commissions; premiums for property and casualty
7		insurance coverage; capital investment costs; financing costs;
8		property assembly and development costs, including, but not
9		limited to, the purchase, lease, and construction of equipment,
10		buildings, and land, infrastructure improvements and site
11		development costs, leasehold improvements costs,
12		rehabilitation costs, and costs of studies, surveys,
13		development of plans, and professional services costs such as
14		architectural, engineering, legal, financial, planning, or
15		other related services; "relocation costs", however, does not
16		include moving costs associated with the relocation of the
17		personal residences of the employees of the eligible business
18		and does not include any costs that do not directly result from
19		the relocation of the business to a location within Illinois.
20		In determining whether costs directly result from the
21		relocation of the business, the Department shall consider
22		whether the costs would likely have been incurred by the
23		business if it had not relocated from its original location.
24		(Source: P.A. 92-207, eff. 8-1-01; revised 12-6-03.)

25		Section 105. The Displaced Homemakers Assistance Act is
26		amended by changing Sections 3 and 8 as follows:
27		(20 ILCS 615/3) (from Ch. 23, par. 3453)
28		Sec. 3. As used in this Act, unless the context clearly
29		indicates otherwise:
30		(a) "Displaced homemaker" means a person who (1) has worked
31		in the home for a substantial number of years providing unpaid
32		household services for family members; (2) is not gainfully
33		employed; (3) has difficulty in securing employment; and (4)
34		was dependent on the income of another family member but is no

1		longer supported by such income, or was dependent on federal
2		assistance but is no longer eligible for such assistance.
3		(b) "Director" means the Director of Commerce and Economic
4		Opportunity Community Affairs or its successor agency.
5		(Source: P.A. 81-1509; revised 12-6-03.)
6		(20 ILCS 615/8) (from Ch. 23, par. 3458)
7		Sec. 8. Transfer of powers and duties to the Department of
8		Labor. On July 1, 1992, all powers and duties of the Department
9		of Commerce and Community Affairs (now Department of Commerce
10		and Economic Opportunity) under this Act shall be transferred
11		to the Department of Labor, and references in other Sections of
12		this Act to the Department of Commerce and Community Affairs
13		(now Department of Commerce and Economic Opportunity) shall be
14		deemed to refer to the Department of Labor. All rules,
15		standards and procedures adopted by the Department of Commerce
16		and Community Affairs (now Department of Commerce and Economic
17		Opportunity) shall continue in effect as the rules, standards
18		and procedures of the Department of Labor, until they are
19		modified or abolished by that Department.
20		(Source: P.A. 87-878; revised 12-6-03.)

21		Section 110. The Economic Development Area Tax Increment
22		Allocation Act is amended by changing Section 3 as follows:
23		(20 ILCS 620/3) (from Ch. 67 1/2, par. 1003)
24		Sec. 3. Definitions. In this Act, words or terms shall have
25		the following meanings unless the context or usage clearly
26		indicates that another meaning is intended.
27		(a) "Department" means the Department of Commerce and
28		Economic Opportunity Community Affairs.
29		(b) "Economic development plan" means the written plan of a
30		municipality which sets forth an economic development program
31		for an economic development project area. Each economic
32		development plan shall include but not be limited to (1)
33		estimated economic development project costs, (2) the sources

1		of funds to pay such costs, (3) the nature and term of any
2		obligations to be issued by the municipality to pay such costs,
3		(4) the most recent equalized assessed valuation of the
4		economic development project area, (5) an estimate of the
5		equalized assessed valuation of the economic development
6		project area after completion of an economic development
7		project, (6) the estimated date of completion of any economic
8		development project proposed to be undertaken, (7) a general
9		description of any proposed developer, user, or tenant of any
10		property to be located or improved within the economic
11		development project area, (8) a description of the type,
12		structure and general character of the facilities to be
13		developed or improved in the economic development project area,
14		(9) a description of the general land uses to apply in the
15		economic development project area, (10) a description of the
16		type, class and number of employees to be employed in the
17		operation of the facilities to be developed or improved in the
18		economic development project area, and (11) a commitment by the
19		municipality to fair employment practices and an affirmative
20		action plan with respect to any economic development program to
21		be undertaken by the municipality.
22		(c) "Economic development project" means any development
23		project in furtherance of the objectives of this Act.
24		(d) "Economic development project area" means any improved
25		or vacant area which (1) is located within or partially within
26		or partially without the territorial limits of a municipality,
27		provided that no area without the territorial limits of a
28		municipality shall be included in an economic development
29		project area without the express consent of the Department,
30		acting as agent for the State, (2) is contiguous, (3) is not
31		less in the aggregate than three hundred twenty acres, (4) is
32		suitable for siting by any commercial, manufacturing,
33		industrial, research or transportation enterprise of
34		facilities to include but not be limited to commercial
35		businesses, offices, factories, mills, processing plants,
36		assembly plants, packing plants, fabricating plants,

1		industrial or commercial distribution centers, warehouses,
2		repair overhaul or service facilities, freight terminals,
3		research facilities, test facilities or transportation
4		facilities, whether or not such area has been used at any time
5		for such facilities and whether or not the area has been used
6		or is suitable for other uses, including commercial
7		agricultural purposes, and (5) which has been approved and
8		certified by the Department pursuant to this Act.
9		(e) "Economic development project costs" mean and include
10		the sum total of all reasonable or necessary costs incurred by
11		a municipality incidental to an economic development project,
12		including, without limitation, the following:
13		(1) Costs of studies, surveys, development of plans and
14		specifications, implementation and administration of an
15		economic development plan, personnel and professional service
16		costs for architectural, engineering, legal, marketing,
17		financial, planning, police, fire, public works or other
18		services, provided that no charges for professional services
19		may be based on a percentage of incremental tax revenues;
20		(2) Property assembly costs within an economic development
21		project area, including but not limited to acquisition of land
22		and other real or personal property or rights or interests
23		therein, and specifically including payments to developers or
24		other nongovernmental persons as reimbursement for property
25		assembly costs incurred by such developer or other
26		nongovernmental person;
27		(3) Site preparation costs, including but not limited to
28		clearance of any area within an economic development project
29		area by demolition or removal of any existing buildings,
30		structures, fixtures, utilities and improvements and clearing
31		and grading; and including installation, repair, construction,
32		reconstruction, or relocation of public streets, public
33		utilities, and other public site improvements within or without
34		an economic development project area which are essential to the
35		preparation of the economic development project area for use in
36		accordance with an economic development plan; and specifically

1		including payments to developers or other nongovernmental
2		persons as reimbursement for site preparation costs incurred by
3		such developer or nongovernmental person;
4		(4) Costs of renovation, rehabilitation, reconstruction,
5		relocation, repair or remodeling of any existing buildings,
6		improvements, and fixtures within an economic development
7		project area, and specifically including payments to
8		developers or other nongovernmental persons as reimbursement
9		for such costs incurred by such developer or nongovernmental
10		person;
11		(5) Costs of construction within an economic development
12		project area of public improvements, including but not limited
13		to, buildings, structures, works, utilities or fixtures;
14		(6) Financing costs, including but not limited to all
15		necessary and incidental expenses related to the issuance of
16		obligations, payment of any interest on any obligations issued
17		hereunder which accrues during the estimated period of
18		construction of any economic development project for which such
19		obligations are issued and for not exceeding 36 months
20		thereafter, and any reasonable reserves related to the issuance
21		of such obligations;
22		(7) All or a portion of a taxing district's capital costs
23		resulting from an economic development project necessarily
24		incurred or estimated to be incurred by a taxing district in
25		the furtherance of the objectives of an economic development
26		project, to the extent that the municipality by written
27		agreement accepts and approves such costs;
28		(8) Relocation costs to the extent that a municipality
29		determines that relocation costs shall be paid or is required
30		to make payment of relocation costs by federal or State law;
31		(9) The estimated tax revenues from real property in an
32		economic development project area acquired by a municipality
33		which, according to the economic development plan, is to be
34		used for a private use and which any taxing district would have
35		received had the municipality not adopted tax increment
36		allocation financing for an economic development project area

1		and which would result from such taxing district's levies made
2		after the time of the adoption by the municipality of tax
3		increment allocation financing to the time the current
4		equalized assessed value of real property in the economic
5		development project area exceeds the total initial equalized
6		value of real property in said area;
7		(10) Costs of job training, advanced vocational or career
8		education, including but not limited to courses in
9		occupational, semi-technical or technical fields leading
10		directly to employment, incurred by one or more taxing
11		districts, provided that such costs are related to the
12		establishment and maintenance of additional job training,
13		advanced vocational education or career education programs for
14		persons employed or to be employed by employers located in an
15		economic development project area, and further provided that
16		when such costs are incurred by a taxing district or taxing
17		districts other than the municipality they shall be set forth
18		in a written agreement by or among the municipality and the
19		taxing district or taxing districts, which agreement describes
20		the program to be undertaken, including but not limited to the
21		number of employees to be trained, a description of the
22		training and services to be provided, the number and type of
23		positions available or to be available, itemized costs of the
24		program and sources of funds to pay the same, and the term of
25		the agreement. Such costs include, specifically, the payment by
26		community college districts of costs pursuant to Sections 3-37,
27		3-38, 3-40 and 3-40.1 of the Public Community College Act and
28		by school districts of costs pursuant to Sections 10-22.20a and
29		10-23.3a of The School Code;
30		(11) Private financing costs incurred by developers or
31		other nongovernmental persons in connection with an economic
32		development project, and specifically including payments to
33		developers or other nongovernmental persons as reimbursement
34		for such costs incurred by such developer or other
35		nongovernmental person, provided that:
36		(A) private financing costs shall be paid or reimbursed by

1		a municipality only pursuant to the prior official action of
2		the municipality evidencing an intent to pay or reimburse such
3		private financing costs;
4		(B) except as provided in subparagraph (D), the aggregate
5		amount of such costs paid or reimbursed by a municipality in
6		any one year shall not exceed 30% of such costs paid or
7		incurred by the developer or other nongovernmental person in
8		that year;
9		(C) private financing costs shall be paid or reimbursed by
10		a municipality solely from the special tax allocation fund
11		established pursuant to this Act and shall not be paid or
12		reimbursed from the proceeds of any obligations issued by a
13		municipality;
14		(D) if there are not sufficient funds available in the
15		special tax allocation fund in any year to make such payment or
16		reimbursement in full, any amount of such interest cost
17		remaining to be paid or reimbursed by a municipality shall
18		accrue and be payable when funds are available in the special
19		tax allocation fund to make such payment; and
20		(E) in connection with its approval and certification of an
21		economic development project pursuant to Section 5 of this Act,
22		the Department shall review any agreement authorizing the
23		payment or reimbursement by a municipality of private financing
24		costs in its consideration of the impact on the revenues of the
25		municipality and the affected taxing districts of the use of
26		tax increment allocation financing.
27		(f) "Municipality" means a city, village or incorporated
28		town.
29		(g) "Obligations" means any instrument evidencing the
30		obligation of a municipality to pay money, including without
31		limitation, bonds, notes, installment or financing contracts,
32		certificates, tax anticipation warrants or notes, vouchers,
33		and any other evidence of indebtedness.
34		(h) "Taxing districts" means counties, townships,
35		municipalities, and school, road, park, sanitary, mosquito
36		abatement, forest preserve, public health, fire protection,

1		river conservancy, tuberculosis sanitarium and any other
2		municipal corporations or districts with the power to levy
3		taxes.
4		(Source: P.A. 86-38; revised 12-6-03.)

5		Section 115. The Illinois Economic Opportunity Act is
6		amended by changing Section 2 as follows:
7		(20 ILCS 625/2) (from Ch. 127, par. 2602)
8		Sec. 2. (a) The Director of Commerce and Economic
9		Opportunity the Department of Commerce & Community Affairs is
10		authorized to administer the federal community services block
11		program, low-income home energy assistance program,
12		weatherization assistance program, emergency community
13		services homeless grant program, and other federal programs
14		that require or give preference to community action agencies
15		for local administration in accordance with federal laws and
16		regulations as amended. The Director shall provide financial
17		assistance to community action agencies from community service
18		block grant funds and other federal funds requiring or giving
19		preference to community action agencies for local
20		administration for the programs described in Section 4.
21		(b) Funds appropriated for use by community action agencies
22		in community action programs shall be allocated annually to
23		existing community action agencies or newly formed community
24		action agencies by the Department of Commerce and Economic
25		Opportunity Community Affairs. Allocations will be made
26		consistent with duly enacted departmental rules.
27		(Source: P.A. 87-926; revised 12-6-03.)

28		Section 120. The Illinois Emergency Employment Development
29		Act is amended by changing Sections 2, 3, 5, and 7 as follows:
30		(20 ILCS 630/2) (from Ch. 48, par. 2402)
31		Sec. 2. For the purposes of this Act, the following words
32		have the meanings ascribed to them in this Section.

1		(a) "Coordinator" means the Illinois Emergency Employment
2		Development Coordinator appointed under Section 3.
3		(b) "Eligible business" means a for-profit business.
4		(c) "Eligible employer" means an eligible nonprofit
5		agency, or an eligible business.
6		(d) "Eligible job applicant" means a person who:
7		A. (1) has been a resident of this State for at least one
8		year; and (2) is unemployed; and (3) is not receiving and is
9		not qualified to receive unemployment compensation or workers'
10		compensation; and (4) is determined by the employment
11		administrator to be likely to be available for employment by an
12		eligible employer for the duration of the job; or
13		B. Is otherwise eligible for services under the Job
14		Training Partnership Act (29 USCA 1501 et seq.).
15		In addition, a farmer who resides in a county qualified
16		under Federal Disaster Relief and who can demonstrate severe
17		financial need may be considered unemployed under this
18		subsection.
19		(e) "Eligible nonprofit agency" means an organization
20		exempt from taxation under the Internal Revenue Code of 1954,
21		Section 501(c)(3).
22		(f) "Employment administrator" means the Manager of the
23		Department of Commerce and Economic Opportunity Community
24		Affairs Job Training Programs Division or his or her designee.
25		(g) "Household" means a group of persons living at the same
26		residence consisting of, at a maximum, spouses and the minor
27		children of each.
28		(h) "Program" means the Illinois Emergency Employment
29		Development Program created by this Act consisting of temporary
30		work relief projects in nonprofit agencies and new job creation
31		in the private sector.
32		(i) "Service Delivery Area" means that unit or units of
33		local government designated by the Governor pursuant to Title
34		I, Part A, Section 102 of the Job Training Partnership Act (29
35		USCA et seq.).
36		(j) "Excess unemployed" means the number of unemployed in

1		excess of 6.5% of the service delivery area population.
2		(k) "Private industry council" means governing body of each
3		service delivery area created pursuant to Title I, Section 102
4		of the Job Training Partnership Act (29 USC 1501 et seq.).
5		(Source: P.A. 84-1399; revised 12-6-03.)
6		(20 ILCS 630/3) (from Ch. 48, par. 2403)
7		Sec. 3. (a) The governor shall appoint an Illinois
8		Emergency Employment Development Coordinator to administer the
9		provisions of this Act. The coordinator shall be within the
10		Department of Commerce and Economic Opportunity Community
11		Affairs, but shall be responsible directly to the governor. The
12		coordinator shall have the powers necessary to carry out the
13		purpose of the program.
14		(b) The coordinator shall:
15		(1) Coordinate the Program with other State agencies;
16		(2) Coordinate administration of the program with the
17		general assistance program;
18		(3) Set policy regarding disbursement of program funds; and
19		(4) Perform general program marketing and monitoring
20		functions.
21		(c) The coordinator shall administer the program within the
22		Department of Commerce and Economic Opportunity Community
23		Affairs. The Director of Commerce and Economic Opportunity
24		Community Affairs shall provide administrative support
25		services to the coordinator for the purposes of the program.
26		(d) The coordinator shall report to the Governor, the
27		Illinois Job Training Coordinating Council and the General
28		Assembly on a quarterly basis concerning (1) the number of
29		persons employed under the program; (2) the number and type of
30		employers under the program; (3) the amount of money spent in
31		each service delivery area for wages for each type of
32		employment and each type of other expenses; (4) the number of
33		persons who have completed participation in the program and
34		their current employment, educational or training status; and
35		(5) any information requested by the General Assembly or

1		governor or deemed pertinent by the coordinator. Each report
2		shall include cumulative information, as well as information
3		for each quarter.
4		(e) Rules. The Director of Commerce and Economic
5		Opportunity Community Affairs, with the advice of the
6		coordinator, shall adopt rules for the administration and
7		enforcement of this Act.
8		(Source: P.A. 84-1399; revised 12-6-03.)
9		(20 ILCS 630/5) (from Ch. 48, par. 2405)
10		Sec. 5. (a) Allocation of funds among eligible job
11		applicants within a service delivery area shall be determined
12		by the Private Industry Council for each such service delivery
13		area. The Private Industry Council shall give priority to
14		(1) applicants living in households with no other income
15		source; and
16		(2) applicants who would otherwise be eligible to receive
17		general assistance.
18		(b) Allocation of funds among eligible employers within
19		each service delivery area shall be determined by the Private
20		Industry Council for each such area according to the priorities
21		which the Director of Commerce and Economic Opportunity
22		Community Affairs, upon recommendation of the coordinator,
23		shall by rule establish. The Private Industry Council shall
24		give priority to funding private sector jobs to the extent that
25		businesses apply for funds.
26		(Source: P.A. 84-1399; revised 12-6-03.)
27		(20 ILCS 630/7) (from Ch. 48, par. 2407)
28		Sec. 7. (a) The Department of Commerce and Economic
29		Opportunity Community Affairs shall publicize the program and
30		shall provide staff assistance as requested by employment
31		administrators in the screening of businesses and the
32		collection of data.
33		(b) The Director of Children and Family Services shall
34		provide to each employment administrator lists of currently

1		licensed local day care facilities, updated quarterly, to be
2		available to all persons employed under the program.
3		(c) The Secretary of Human Services shall take all steps
4		necessary to inform each applicant for public aid of the
5		availability of the program.
6		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)

7		Section 125. The Illinois Enterprise Zone Act is amended by
8		changing Sections 3 and 12-2 as follows:
9		(20 ILCS 655/3) (from Ch. 67 1/2, par. 603)
10		Sec. 3. Definition. As used in this Act, the following
11		words shall have the meanings ascribed to them, unless the
12		context otherwise requires:
13		(a) "Department" means the Department of Commerce and
14		Economic Opportunity Community Affairs.
15		(b) "Enterprise Zone" means an area of the State certified
16		by the Department as an Enterprise Zone pursuant to this Act.
17		(c) "Depressed Area" means an area in which pervasive
18		poverty, unemployment and economic distress exist.
19		(d) "Designated Zone Organization" means an association or
20		entity: (1) the members of which are substantially all
21		residents of the Enterprise Zone; (2) the board of directors of
22		which is elected by the members of the organization; (3) which
23		satisfies the criteria set forth in Section 501(c) (3) or
24		501(c) (4) of the Internal Revenue Code; and (4) which exists
25		primarily for the purpose of performing within such area or
26		zone for the benefit of the residents and businesses thereof
27		any of the functions set forth in Section 8 of this Act.
28		(e) "Agency" means each officer, board, commission and
29		agency created by the Constitution, in the executive branch of
30		State government, other than the State Board of Elections; each
31		officer, department, board, commission, agency, institution,
32		authority, university, body politic and corporate of the State;
33		and each administrative unit or corporate outgrowth of the
34		State government which is created by or pursuant to statute,

1		other than units of local government and their officers, school
2		districts and boards of election commissioners; each
3		administrative unit or corporate outgrowth of the above and as
4		may be created by executive order of the Governor. No entity
5		shall be considered an "agency" for the purposes of this Act
6		unless authorized by law to make rules or regulations.
7		(f) "Rule" means each agency statement of general
8		applicability that implements, applies, interprets or
9		prescribes law or policy, but does not include (i) statements
10		concerning only the internal management of an agency and not
11		affecting private rights or procedures available to persons or
12		entities outside the agency, (ii) intra-agency memoranda, or
13		(iii) the prescription of standardized forms.
14		(Source: P.A. 85-162; revised 12-6-03.)
15		(20 ILCS 655/12-2) (from Ch. 67 1/2, par. 619)
16		Sec. 12-2. Definitions. Unless the context clearly
17		requires otherwise:
18		(a) "Financial institution" means a trust company, a bank,
19		a savings bank, a credit union, an investment bank, a broker,
20		an investment trust, a pension fund, a building and loan
21		association, a savings and loan association, an insurance
22		company or any venture capital company which is authorized to
23		do business in the State.
24		(b) "Participating lender" means any trust company, bank,
25		savings bank, credit union, investment bank, broker,
26		investment trust, pension fund, building and loan association,
27		savings and loan association, insurance company or venture
28		capital company approved by the Department which assumes a
29		portion of the financing for a business project.
30		(c) "Department" means the Illinois Department of Commerce
31		and Economic Opportunity Community Affairs.
32		(d) "Business" means a for-profit, legal entity located in
33		an Illinois Enterprise Zone including, but not limited to, any
34		sole proprietorship, partnership, corporation, joint venture,
35		association or cooperative.

1		(e) "Loan" means an agreement or contract to provide a loan
2		or other financial aid to a business.
3		(f) "Project" means any specific economic development
4		activity of a commercial, industrial, manufacturing,
5		agricultural, scientific, service or other business in an
6		Enterprise Zone, the result of which yields an increase in jobs
7		and may include the purchase or lease of machinery and
8		equipment, the lease or purchase of real property or funds for
9		infrastructure necessitated by site preparation, building
10		construction or related purposes but does not include
11		refinancing current debt.
12		(g) "Fund" means the Enterprise Zone Loan Fund created in
13		Section 12-6.
14		(Source: P.A. 84-165; revised 12-6-03.)

15		Section 130. The Family Farm Assistance Act is amended by
16		changing Section 15 as follows:
17		(20 ILCS 660/15) (from Ch. 5, par. 2715)
18		Sec. 15. Definitions. In this Act:
19		"Department" means the Illinois Department of Commerce and
20		Economic Opportunity Community Affairs.
21		"Director" means the Director of Commerce and Economic
22		Opportunity Community Affairs.
23		"Eligible farmer" means a person who is a resident of
24		Illinois and has had more than $40,000 in gross sales of
25		agricultural products during any one of the preceding 5
26		calendar years, and at that time owned or leased 60 acres or
27		more of land used as a "farm" as that term is defined in
28		Section 1-60 of the Property Tax Code.
29		"Farm family" means the eligible person, his or her legal
30		spouse, and the eligible person's dependent children under the
31		age of 19.
32		"Farm Worker" means an individual (including migrant and
33		seasonal farm workers) who has worked on a farm on a full-time
34		basis for at least one year and has been laid off due to

1		reduced farm income.
2		"Program" means the Farm Family Assistance Program
3		established under this Act.
4		(Source: P.A. 87-170; 88-670, eff. 12-2-94; revised 12-6-03.)

5		Section 135. The Local Planning Technical Assistance Act is
6		amended by changing Section 10 as follows:
7		(20 ILCS 662/10)
8		Sec. 10. Definitions. In this Act:
9		"Comprehensive plan" means a regional plan adopted under
10		Section 5-14001 of the Counties Code, an official comprehensive
11		plan adopted under Section 11-12-6 of the Illinois Municipal
12		Code, or a local land resource management plan adopted under
13		Section 4 of the Local Land Resource Management Planning Act.
14		"Department" means the Department of Commerce and Economic
15		Opportunity Community Affairs.
16		"Land development regulation" means any development or
17		land use ordinance or regulation of a county or municipality
18		including zoning and subdivision ordinances.
19		"Local government" or "unit of local government" means any
20		city, village, incorporated town, or county.
21		"Subsidiary plan" means any portion of a comprehensive plan
22		that guides development, land use, or infrastructure for a
23		county or municipality or a portion of a county or
24		municipality.
25		(Source: P.A. 92-768, eff. 8-6-02; revised 12-6-03.)

26		Section 140. The Illinois Promotion Act is amended by
27		changing Sections 3 and 4b as follows:
28		(20 ILCS 665/3) (from Ch. 127, par. 200-23)
29		Sec. 3. Definitions. The following words and terms,
30		whenever used or referred to in this Act, shall have the
31		following meanings, except where the context may otherwise
32		require:

1		(a) "Department" means the Department of Commerce and
2		Economic Opportunity Community Affairs of the State of
3		Illinois.
4		(b) "Local promotion group" means any non-profit
5		corporation, organization, association, agency or committee
6		thereof formed for the primary purpose of publicizing,
7		promoting, advertising or otherwise encouraging the
8		development of tourism in any municipality, county, or region
9		of Illinois.
10		(c) "Promotional activities" means preparing, planning and
11		conducting campaigns of information, advertising and publicity
12		through such media as newspapers, radio, television,
13		magazines, trade journals, moving and still photography,
14		posters, outdoor signboards and personal contact within and
15		without the State of Illinois; dissemination of information,
16		advertising, publicity, photographs and other literature and
17		material designed to carry out the purpose of this Act; and
18		participation in and attendance at meetings and conventions
19		concerned primarily with tourism, including travel to and from
20		such meetings.
21		(d) "Municipality" means "municipality" as defined in
22		Section 1-1-2 of the Illinois Municipal Code, as heretofore and
23		hereafter amended.
24		(e) "Tourism" means travel 50 miles or more one-way or an
25		overnight trip outside of a person's normal routine.
26		(Source: P.A. 92-38, eff. 6-28-01; revised 12-6-03.)
27		(20 ILCS 665/4b)
28		Sec. 4b. Coordinating Committee. There is created a
29		Coordinating Committee of State agencies involved with tourism
30		in the State of Illinois. The Committee shall consist of the
31		Director of Commerce and Economic Opportunity Community
32		Affairs as chairman, the Lieutenant Governor, the Secretary of
33		Transportation or his or her designee, and the head executive
34		officer or his or her designee of the following: the Lincoln
35		Presidential Library; the Department of Natural Resources; the

1		Department of Agriculture; the Illinois Arts Council; the
2		Illinois Community College Board; the Board of Higher
3		Education; and the Grape and Wine Resources Council. The
4		Committee shall also include 4 members of the Illinois General
5		Assembly, one of whom shall be named by the Speaker of the
6		House of Representatives, one of whom shall be named by the
7		Minority Leader of the House of Representatives, one of whom
8		who shall be named by the President of the Senate, and one of
9		whom shall be named by the Minority Leader of the Senate. The
10		Committee shall meet at least quarterly and at other times as
11		called by the chair. The Committee shall coordinate the
12		promotion and development of tourism activities throughout
13		State government.
14		(Source: P.A. 91-473, eff. 1-1-00; 92-600, eff. 7-1-02; revised
15		12-6-03.)

16		Section 145. The Particle Accelerator Land Acquisition Act
17		is amended by changing Sections 1 and 3 as follows:
18		(20 ILCS 685/1) (from Ch. 127, par. 47.21)
19		Sec. 1. The Department of Commerce and Economic Opportunity
20		Community Affairs is authorized, with the consent in writing of
21		the Governor, to acquire and accept by gift, grant, purchase,
22		or in the manner provided for the exercise of the right of
23		eminent domain under Article VII of the Code of Civil
24		Procedure, as heretofore or hereafter amended, the fee simple
25		title or such lesser interest as may be desired to any and all
26		lands, buildings and grounds, including lands, buildings and
27		grounds already devoted to public use, required for
28		construction, maintenance and operation of a high energy BEV
29		Particle Accelerator by the United States Atomic Energy
30		Commission, and for such other supporting land and facilities
31		as may be required or useful for such construction, and to take
32		whatever action may be necessary or desirable in connection
33		with such acquisition or in connection with preparing the
34		property acquired for transfer as provided in Section 3.

1		(Source: P.A. 82-783; revised 12-6-03.)
2		(20 ILCS 685/3) (from Ch. 127, par. 47.23)
3		Sec. 3. The Department of Commerce and Economic Opportunity
4		Community Affairs is authorized to lease, sell, give, donate,
5		convey or otherwise transfer the property acquired under this
6		Act to the United States Atomic Energy Commission.
7		No conveyance of real property or instrument transferring
8		property by the Department of Commerce and Economic Opportunity
9		Community Affairs to the United States Atomic Energy
10		Commission, shall be executed by the Department without the
11		prior written approval of the Governor.
12		(Source: P.A. 81-1509; revised 12-6-03.)

13		Section 150. The Renewable Energy, Energy Efficiency, and
14		Coal Resources Development Law of 1997 is amended by changing
15		Sections 6-3 and 6-6 as follows:
16		(20 ILCS 687/6-3)
17		(Section scheduled to be repealed on December 16, 2007)
18		Sec. 6-3. Renewable energy resources program.
19		(a) The Department of Commerce and Economic Opportunity
20		Community Affairs, to be called the "Department" hereinafter in
21		this Law, shall administer the Renewable Energy Resources
22		Program to provide grants, loans, and other incentives to
23		foster investment in and the development and use of renewable
24		energy resources.
25		(b) The Department shall establish eligibility criteria
26		for grants, loans, and other incentives to foster investment in
27		and the development and use of renewable energy resources.
28		These criteria shall be reviewed annually and adjusted as
29		necessary. The criteria should promote the goal of fostering
30		investment in and the development and use, in Illinois, of
31		renewable energy resources.
32		(c) The Department shall accept applications for grants,
33		loans, and other incentives to foster investment in and the

1		development and use of renewable energy resources.
2		(d) To the extent that funds are available and
3		appropriated, the Department shall provide grants, loans, and
4		other incentives to applicants that meet the criteria specified
5		by the Department.
6		(e) The Department shall conduct an annual study on the use
7		and availability of renewable energy resources in Illinois.
8		Each year, the Department shall submit a report on the study to
9		the General Assembly. This report shall include suggestions for
10		legislation which will encourage the development and use of
11		renewable energy resources.
12		(f) As used in this Law, "renewable energy resources"
13		includes energy from wind, solar thermal energy, photovoltaic
14		cells and panels, dedicated crops grown for energy production
15		and organic waste biomass, hydropower that does not involve new
16		construction or significant expansion of hydropower dams, and
17		other such alternative sources of environmentally preferable
18		energy. "Renewable energy resources" does not include,
19		however, energy from the incineration, burning or heating of
20		waste wood, tires, garbage, general household, institutional
21		and commercial waste, industrial lunchroom or office waste,
22		landscape waste, or construction or demolition debris.
23		(g) There is created the Energy Efficiency Investment Fund
24		as a special fund in the State Treasury, to be administered by
25		the Department to support the development of technologies for
26		wind, biomass, and solar power in Illinois. The Department may
27		accept private and public funds, including federal funds, for
28		deposit into the Fund.
29		(Source: P.A. 92-12, eff. 7-1-01; revised 12-6-03.)
30		(20 ILCS 687/6-6)
31		(Section scheduled to be repealed on December 16, 2007)
32		Sec. 6-6. Energy efficiency program.
33		(a) For the year beginning January 1, 1998, and thereafter
34		as provided in this Section, each electric utility as defined
35		in Section 3-105 of the Public Utilities Act and each

1		alternative retail electric supplier as defined in Section
2		16-102 of the Public Utilities Act supplying electric power and
3		energy to retail customers located in the State of Illinois
4		shall contribute annually a pro rata share of a total amount of
5		$3,000,000 based upon the number of kilowatt-hours sold by each
6		such entity in the 12 months preceding the year of
7		contribution. On or before May 1 of each year, the Illinois
8		Commerce Commission shall determine and notify the Department
9		of Commerce and Economic Opportunity Community Affairs of the
10		pro rata share owed by each electric utility and each
11		alternative retail electric supplier based upon information
12		supplied annually to the Illinois Commerce Commission. On or
13		before June 1 of each year, the Department of Commerce and
14		Economic Opportunity Community Affairs shall send written
15		notification to each electric utility and each alternative
16		retail electric supplier of the amount of pro rata share they
17		owe. These contributions shall be remitted to the Department of
18		Revenue on or before June 30 of each year the contribution is
19		due on a return prescribed and furnished by the Department of
20		Revenue showing such information as the Department of Revenue
21		may reasonably require. The funds received pursuant to this
22		Section shall be subject to the appropriation of funds by the
23		General Assembly. The Department of Revenue shall place the
24		funds remitted under this Section in a trust fund, that is
25		hereby created in the State Treasury, called the Energy
26		Efficiency Trust Fund. If an electric utility or alternative
27		retail electric supplier does not remit its pro rata share to
28		the Department of Revenue, the Department of Revenue must
29		inform the Illinois Commerce Commission of such failure. The
30		Illinois Commerce Commission may then revoke the certification
31		of that electric utility or alternative retail electric
32		supplier. The Illinois Commerce Commission may not renew the
33		certification of any electric utility or alternative retail
34		electric supplier that is delinquent in paying its pro rata
35		share.
36		(b) The Department of Commerce and Economic Opportunity

1		Community Affairs shall disburse the moneys in the Energy
2		Efficiency Trust Fund to benefit residential electric
3		customers through projects which the Department of Commerce and
4		Economic Opportunity Community Affairs has determined will
5		promote energy efficiency in the State of Illinois. The
6		Department of Commerce and Economic Opportunity Community
7		Affairs shall establish a list of projects eligible for grants
8		from the Energy Efficiency Trust Fund including, but not
9		limited to, supporting energy efficiency efforts for
10		low-income households, replacing energy inefficient windows
11		with more efficient windows, replacing energy inefficient
12		appliances with more efficient appliances, replacing energy
13		inefficient lighting with more efficient lighting, insulating
14		dwellings and buildings, using market incentives to encourage
15		energy efficiency, and such other projects which will increase
16		energy efficiency in homes and rental properties.
17		(c) The Department of Commerce and Economic Opportunity
18		Community Affairs shall establish criteria and an application
19		process for this grant program.
20		(d) The Department of Commerce and Economic Opportunity
21		Community Affairs shall conduct a study of other possible
22		energy efficiency improvements and evaluate methods for
23		promoting energy efficiency and conservation, especially for
24		the benefit of low-income customers.
25		(e) The Department of Commerce and Economic Opportunity
26		Community Affairs shall submit an annual report to the General
27		Assembly evaluating the effectiveness of the projects and
28		programs provided in this Section, and recommending further
29		legislation which will encourage additional development and
30		implementation of energy efficiency projects and programs in
31		Illinois and other actions that help to meet the goals of this
32		Section.
33		(Source: P.A. 92-707, eff. 7-19-02; revised 12-6-03.)

34		Section 155. The Illinois Resource Development and Energy
35		Security Act is amended by changing Section 10 as follows:

1		(20 ILCS 688/10)
2		Sec. 10. Definitions. As used in this Act:
3		"Department" means the Illinois Department of Commerce and
4		Economic Opportunity Community Affairs.
5		(Source: P.A. 92-12, eff. 7-1-01; revised 12-6-03.)

6		Section 160. The Illinois Renewable Fuels Development
7		Program Act is amended by changing Section 10 as follows:
8		(20 ILCS 689/10)
9		Sec. 10. Definitions. As used in this Act:
10		"Biodiesel" means a renewable diesel fuel derived from
11		biomass that is intended for use in diesel engines.
12		"Biodiesel blend" means a blend of biodiesel with
13		petroleum-based diesel fuel in which the resultant product
14		contains no less than 1% and no more than 99% biodiesel.
15		"Biomass" means non-fossil organic materials that have an
16		intrinsic chemical energy content. "Biomass" includes, but is
17		not limited to, soybean oil, other vegetable oils, and ethanol.
18		"Department" means the Department of Commerce and Economic
19		Opportunity Community Affairs.
20		"Diesel fuel" means any product intended for use or offered
21		for sale as a fuel for engines in which the fuel is injected
22		into the combustion chamber and ignited by pressure without
23		electric spark.
24		"Director" means the Director of Commerce and Economic
25		Opportunity Community Affairs.
26		"Ethanol" means a product produced from agricultural
27		commodities or by-products used as a fuel or to be blended with
28		other fuels for use in motor vehicles.
29		"Fuel" means fuel as defined in Section 1.19 of the Motor
30		Fuel Tax Law.
31		"Gasohol" means motor fuel that is no more than 90%
32		gasoline and at least 10% denatured ethanol that contains no
33		more than 1.25% water by weight.

1		"Gasoline" means all products commonly or commercially
2		known or sold as gasoline (including casing head and absorption
3		or natural gasoline).
4		"Illinois agricultural product" means any agricultural
5		commodity grown in Illinois that is used by a production
6		facility to produce renewable fuel in Illinois, including, but
7		not limited to, corn, barley, and soy beans.
8		"Labor Organization" means any organization defined as a
9		"labor organization" under Section 2 of the National Labor
10		Relations Act (29 U.S.C. 152).
11		"Majority blended ethanol fuel" means motor fuel that
12		contains no less than 70% and no more than 90% denatured
13		ethanol and no less than 10% and no more than 30% gasoline.
14		"Motor vehicles" means motor vehicles as defined in the
15		Illinois Vehicle Code and watercraft propelled by an internal
16		combustion engine.
17		"Owner" means any individual, sole proprietorship, limited
18		partnership, co-partnership, joint venture, corporation,
19		cooperative, or other legal entity, including its agents, that
20		operates or will operate a plant located within the State of
21		Illinois.
22		"Plant" means a production facility that produces a
23		renewable fuel. "Plant" includes land, any building or other
24		improvement on or to land, and any personal properties deemed
25		necessary or suitable for use, whether or not now in existence,
26		in the processing of fuel from agricultural commodities or
27		by-products.
28		"Renewable fuel" means ethanol, gasohol, majority blended
29		ethanol fuel, biodiesel blend fuel, and biodiesel.
30		(Source: P.A. 93-15, eff. 6-11-03; 93-618, eff. 12-11-03;
31		revised 12-6-03.)

32		Section 165. The Rural Diversification Act is amended by
33		changing Sections 2 and 3 as follows:
34		(20 ILCS 690/2) (from Ch. 5, par. 2252)

1		Sec. 2. Findings and declaration of policy. The General
2		Assembly hereby finds, determines and declares:
3		(a) That Illinois is a state of diversified economic
4		strength and that an important economic strength in Illinois is
5		derived from rural business production and the agribusiness
6		industry;
7		(b) That the Illinois rural economy is in a state of
8		transition, which presents a unique opportunity for the State
9		to act on its growth and development;
10		(c) That full and continued growth and development of
11		Illinois' rural economy, especially in the small towns and farm
12		communities, is vital for Illinois;
13		(d) That by encouraging the development of diversified
14		rural business and agricultural production, nonproduction and
15		processing activities in Illinois, the State creates a
16		beneficial climate for new and improved job opportunities for
17		its citizens and expands jobs and job training opportunities;
18		(e) That in order to cultivate strong rural economic growth
19		and development in Illinois, it is necessary to proceed with a
20		plan which encourages Illinois rural businesses and
21		agribusinesses to expand business employment opportunities
22		through diversification of business and industries, offers
23		managerial, technical and financial assistance to or on behalf
24		of rural businesses and agribusiness, and works in a
25		cooperative venture and spirit with Illinois' business, labor,
26		local government, educational and scientific communities;
27		(f) That dedication of State resources over a multi-year
28		period targeted to promoting the growth and development of one
29		or more classes of diversified rural products, particularly new
30		agricultural products, is an effective use of State funds;
31		(g) That the United States Congress, having identified
32		similar needs and purposes has enacted legislation creating the
33		United States Department of Agriculture/Farmers Home
34		Administration Non-profit National Finance Corporations Loan
35		and Grant Program and made funding available to the states
36		consistent with the purposes of this Act.

1		(h) That the Illinois General Assembly has enacted "Rural
2		Revival" and a series of "Harvest the Heartland" initiatives
3		which create within the Illinois Finance Authority a "Seed
4		Capital Fund" to provide venture capital for emerging new
5		agribusinesses, and to help coordinate cooperative research
6		and development on new agriculture technologies in conjunction
7		with the Agricultural Research and Development Consortium in
8		Peoria, the United State Department of Agriculture Northern
9		Regional Research Laboratory in Peoria, the institutions of
10		higher learning in Illinois, and the agribusiness community of
11		this State, identify the need for enhanced efforts by the State
12		to promote the use of fuels utilizing ethanol made from
13		Illinois grain, and promote forestry development in this State;
14		and
15		(i) That there is a need to coordinate the many programs
16		offered by the State of Illinois Departments of Agriculture,
17		Commerce and Economic Opportunity Community Affairs, and
18		Natural Resources, and the Illinois Finance Authority that are
19		targeted to agriculture and the rural community with those
20		offered by the federal government. Therefore it is desirable
21		that the fullest measure of coordination and integration of the
22		programs offered by the various state agencies and the federal
23		government be achieved.
24		(Source: P.A. 93-205, eff. 1-1-04; revised 12-6-03.)
25		(20 ILCS 690/3) (from Ch. 5, par. 2253)
26		Sec. 3. Definitions. The following words and phrases shall
27		have the meaning ascribed to each of them in this Section
28		unless the context clearly indicates otherwise:
29		(a) "Office" means the Office of Rural Community
30		Development within the Illinois Department of Commerce and
31		Economic Opportunity Community Affairs.
32		(b) "Rural business" means a business, including a
33		cooperative, proprietorship, partnership, corporation or other
34		entity, that is located in a municipality of 20,000 population
35		or less, or in an unincorporated area of a county with a

1		population of less than 350,000, but not in a municipality
2		which is contiguous to a municipality or municipalities with a
3		population greater than 20,000. The business must also be
4		engaged in manufacturing, mining, agriculture, wholesale,
5		transportation, tourism, or utilities or in research and
6		development or services to these basic industrial sectors.
7		(c) "Agribusiness", for purpose of this Act, means a rural
8		business that is defined as an agribusiness pursuant to the
9		Illinois Finance Authority Act.
10		(d) "Rural diversification project" means financing to a
11		rural business for a specific activity undertaken to promote:
12		(i) the improvement and expansion of business and industry in
13		rural areas; (ii) creation of entrepreneurial and
14		self-employment businesses; (iii) industry or region wide
15		research directed to profit oriented uses of rural resources,
16		and (iv) value added agricultural supply, production
17		processing or reprocessing facilities or operations and shall
18		include but not be limited to agricultural diversification
19		projects.
20		(e) "Financing" means direct loans at market or below
21		market rate interest, grants, technical assistance contracts,
22		or other means whereby monetary assistance is provided to or on
23		behalf of rural business or agribusinesses for purposes of
24		rural diversification.
25		(f) "Agricultural diversification project" means financing
26		awarded to a rural business for a specific activity undertaken
27		to promote diversification of the farm economy of this State
28		through (i) profit oriented nonproduction uses of Illinois land
29		resources, (ii) growth and development of new crops or
30		livestock not customarily grown or produced in this State, or
31		(iii) developments which emphasize a vertical integration of
32		grain or livestock produced or raised in this State into a
33		finished product for consumption or use. "New crops or
34		livestock not customarily grown or produced in this State" does
35		not include corn, soybeans, wheat, swine, or beef or dairy
36		cattle. "Vertical integration of grain or livestock produced or

1		raised in this State" includes any new or existing grain or
2		livestock grown or produced in this State.
3		(Source: P.A. 93-205, eff. 1-1-04; revised 12-6-03.)

4		Section 170. The Small Business Advisory Act is amended by
5		changing Section 5 as follows:
6		(20 ILCS 692/5)
7		Sec. 5. Definitions. In this Act:
8		"Agency" means the same as in Section 1-20 of the Illinois
9		Administrative Procedure Act.
10		"Joint Committee" means the Joint Committee on
11		Administrative Rules.
12		"Small business" means any for profit entity,
13		independently owned and operated, that grosses less than
14		$4,000,000 per year or that has 50 or fewer full-time
15		employees. For the purposes of this Act, a "small business" has
16		its principal office in Illinois.
17		"Department" means the Department of Commerce and Economic
18		Opportunity Community Affairs.
19		(Source: P.A. 93-318, eff. 1-1-04; revised 12-6-03.)

20		Section 175. The State and Regional Development Strategy
21		Act is amended by changing Section 20-10 as follows:
22		(20 ILCS 695/20-10)
23		Sec. 20-10. Strategic Planning. The Department of Commerce
24		and Economic Opportunity Community Affairs may prepare an
25		economic development strategy for Illinois. By no later than
26		February 1, 2001 and biennially thereafter, the Department may
27		make modifications in the economic development strategy as the
28		modifications are warranted by changes in economic conditions
29		or by other factors, including changes in policy. In preparing
30		the strategy and in making modifications to the strategy, the
31		Department may take cognizance of the special economic
32		attributes of the various component areas of the State.

1		(1) The "component areas" shall be determined by the
2		Department and may group counties that are close in
3		geographical proximity and share common economic traits
4		such as commuting zones, labor market areas, or other
5		economically integrated regions.
6		(2) The strategy may recommend actions for promoting
7		sustained economic growth at or above national rates of
8		economic growth.
9		(3) The strategy may include an assessment of
10		historical patterns of economic activity for the State and
11		projections of future economic trends using national
12		economic trends and projections for comparative purposes.
13		All assumptions made in the formulation of the economic
14		projections shall be clearly and explicitly set forth in
15		the strategy.
16		(4) The strategy may identify those community economic
17		improvement characteristics that will positively influence
18		the rate of overall State economic growth.
19		(5) The strategy may recommend actions to foster and
20		promote economic growth, taking into account indigenous
21		resources and prevalent economic factors.
22		(A) The strategy may identify the critical
23		business development approaches being considered or to
24		be considered. The approaches may include, but are not
25		limited to: investment recruitment, such as industry
26		attraction, expansion and retention; trade development
27		efforts including international trade, support for
28		small businesses' efforts to export products and
29		services, tourism attraction and development including
30		cultural tourism; technology development efforts
31		including technology commercialization and
32		manufacturing modernization; and business development
33		efforts, including entrepreneurship and
34		entrepreneurial education, small business management
35		assistance, and business financing.
36		(B) The strategy may identify for the State and

1		each region the critical workforce training and
2		development approaches being considered or to be
3		considered. The approaches may include, but are not
4		limited to: customized job training, retraining and
5		skill upgrading, economic adjustment, job creation and
6		addressing labor shortages in areas of high demand; the
7		market for and quality of the local labor force; the
8		quality of the education and workforce infrastructure;
9		and related issues.
10		(C) The strategy may identify the critical
11		community development approaches being considered or
12		to be considered. The approaches may include, but are
13		not limited to: community growth management such as
14		regional planning and smart growth; area
15		revitalization including brownfields redevelopment and
16		facility reuse; and family self-sufficiency such as
17		through housing conservation and economic opportunity.
18		(D) The strategy may identify the critical public
19		facilities development approaches being considered or
20		to be considered. The approaches may include, but are
21		not limited to: local public services; the local,
22		regional, and State tax and regulatory climate; the
23		physical infrastructure, including communications and
24		transportation systems; the capacity of area
25		utilities; and the quality of public institutions such
26		as schools.
27		(E) The strategy may identify the other critical
28		marketplace systems, including: the financial
29		marketplace; the competitive advantages of the area in
30		terms of natural resources, capital resources or
31		technology resources; and other factors affecting area
32		development.
33		(6) In preparing the strategy or modifications to the
34		strategy, the Department may work with State agencies,
35		boards, and commissions whose programs and activities
36		significantly affect economic activity in the State as

1		appropriate. The Directors of the agencies, boards, and
2		commissions shall provide the assistance to the Department
3		as the Governor deems appropriate.
4		(7) In preparing the strategy or the modifications to
5		the strategy, the Department may consult with local and
6		regional economic development organizations, local elected
7		officials, community-based organizations, service delivery
8		providers, and other organizations whose programs and
9		activities significantly affect economic activity.
10		(8) In preparing the strategy or the modifications to
11		the strategy, the Department may take into consideration
12		any decisions or recommendations related to programs,
13		services, and government regulations that have been
14		rendered as a result of a Statewide Performance Review.
15		(9) The strategy shall be presented to the Governor,
16		the President and Minority Leader of the Senate, the
17		Speaker and Minority Leader of the House of
18		Representatives, the members of the Illinois Economic
19		Development Board, and the Chair of the Economic and Fiscal
20		Commission on February 1, 2001 and biennially thereafter,
21		as warranted by changes in economic conditions or by other
22		factors, including changes in policy.
23		(10) The strategy shall be published and made available
24		to the public in both paper and electronic media.
25		(Source: P.A. 91-476, eff. 8-11-99; 92-490, eff. 8-23-01;
26		revised 12-6-03.)

27		Section 180. The Technology Advancement and Development
28		Act is amended by changing Sections 1003 and 1004 as follows:
29		(20 ILCS 700/1003) (from Ch. 127, par. 3701-3)
30		Sec. 1003. Definitions. The following words and phrases,
31		for the purposes of this Act, shall have the meanings
32		respectively ascribed to them, except when the context
33		otherwise requires, or except as otherwise provided in this
34		Act:

1		"Advanced technology project" means any area of basic or
2		applied research or development which is designed to foster
3		greater knowledge or understanding, or which is designed for
4		the purposes of improving, designing, developing, prototyping,
5		producing or commercializing new products, techniques,
6		processes or technical devices in present or emerging fields of
7		health care and biomedical research, information and
8		communication systems, computing and computer services,
9		electronics, manufacturing, robotics and materials research,
10		transportation and aerospace, agriculture and biotechnology,
11		and finance and services.
12		"Business expense" includes working capital financing, the
13		purchase or lease of machinery and equipment, or the lease or
14		purchase of real property, including construction, renovation,
15		or leasehold improvements, but does not include refinancing
16		current debt.
17		"Business project" means any specific economic development
18		activity of a commercial, industrial, manufacturing,
19		agricultural, scientific, financial, service or other
20		not-for-profit nature, which is expected to yield an increase
21		in jobs or to result in the retention of jobs or an improvement
22		in production efficiency.
23		"Department" means the Illinois Department of Commerce and
24		Economic Opportunity Community Affairs.
25		"Director" means the Director of the Illinois Department of
26		Commerce and Economic Opportunity Community Affairs.
27		"Financial assistance" means a loan, investment, grant or
28		the purchase of qualified securities or other means whereby
29		financial aid is made to or on behalf of a business project or
30		advanced technology project.
31		"Intermediary organization" means any participating
32		organization including not-for-profit entities, for-profit
33		entities, State development authorities, institutions of
34		higher education, other public or private corporations, which
35		may include the Illinois Coalition, or other entities necessary
36		or desirable to further the purpose of this Act engaged by the

1		Department through any contract, agreement, memoranda of
2		understanding, or other cooperative arrangement to deliver
3		programs authorized under this Act.
4		"Investment loan" means any loan structured so that the
5		applicant repays the principal and interest and provides a
6		qualified security investment to serve both as additional loan
7		security and as an additional source of repayment.
8		"Loan" means acceptance of any note, bond, debenture, or
9		evidence of indebtedness, whether unsecured or secured by a
10		mortgage, pledge, deed of trust, or other lien on any property,
11		or any certificate of, receipt for, participation in, or an
12		option to any of the foregoing. A loan shall bear such interest
13		rate, with such terms of repayment, secured by such collateral,
14		with other terms and conditions, as the Department shall deem
15		necessary or appropriate.
16		"Participating lender or investor" means any trust
17		company, bank, savings bank, credit union, merchant bank,
18		investment bank, broker, investment trust, pension fund,
19		building and loan association, savings and loan association,
20		insurance company, venture capital company or other
21		institution, community or State development corporation,
22		development authority authorized to do business by an Act of
23		this State, or other public or private financing intermediary
24		approved by the Department whose purposes include financing,
25		promoting, or encouraging economic development financing.
26		"Qualified security investments" means any stock,
27		convertible security, treasury stock, limited partnership
28		interest, certificate of interest or participation in any
29		profit sharing agreement, preorganization certificate or
30		subscription, transferable share, investment contract,
31		certificate of interest or participation in a patent or
32		application or, in general, any interest or instrument commonly
33		known as a "security" or any certificate for, receipt for,
34		guarantee of, or option, warrant or right to subscribe to or
35		purchase any of the foregoing, but not including any instrument
36		which contains voting rights or which can be converted to

1		contain voting rights in the possession of the Department.
2		(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)
3		(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
4		Sec. 1004. Duties and powers. The Department of Commerce
5		and Economic Opportunity Community Affairs shall establish and
6		administer any of the programs authorized under this Act
7		subject to the availability of funds appropriated by the
8		General Assembly. The Department may make awards from general
9		revenue fund appropriations, federal reimbursement funds, the
10		Technology Cooperation Fund, and the New Technology Recovery
11		Fund as provided under the provisions of this Act. The
12		Department, in addition to those powers granted under the Civil
13		Administrative Code of Illinois, is granted the following
14		powers to help administer the provisions of this Act:
15		(a) To provide financial assistance as direct or
16		participation grants, loans or qualified security investments
17		to, or on behalf of, eligible applicants. Loans, grants and
18		investments shall be made for the purpose of increasing
19		research and development, commercializing technology, adopting
20		advanced production and processing techniques, and promoting
21		job creation and retention within Illinois;
22		(b) To enter into agreements, accept funds or grants, and
23		engage in cooperation with agencies of the federal government,
24		local units of government, universities, research foundations
25		or institutions, regional economic development corporations or
26		other organizations for the purposes of this Act;
27		(c) To enter into contracts, agreements, and memoranda of
28		understanding; and to provide funds for participation
29		agreements or to make any other agreements or contracts or to
30		invest, grant, or loan funds to any participating intermediary
31		organizations including, not-for-profit entities, for-profit
32		entities, State agencies or authorities, government owned and
33		contract operated facilities, institutions of higher
34		education, other public or private development corporations,
35		or other entities necessary or desirable to further the purpose

1		of this Act. Any such agreement or contract by an intermediary
2		organization to deliver programs authorized under this Act may
3		include terms and provisions including, but not limited to
4		organization and development of documentation, review and
5		approval of projects, servicing and disbursement of funds and
6		other related activities;
7		(d) To fix, determine, charge and collect any premiums,
8		fees, charges, costs and expenses, including without
9		limitation, any application fees, commitment fees, program
10		fees, financing charges, or publication fees in connection with
11		the Department's activities under this Act;
12		(e) To establish forms for applications, notifications,
13		contracts, or any other agreements, and to promulgate
14		procedures, rules or regulations deemed necessary and
15		appropriate;
16		(f) To establish and regulate the terms and conditions of
17		the Department's agreements and to consent, subject to the
18		provisions of any agreement with another party, to the
19		modification or restructuring of any agreement to which the
20		Department is a party;
21		(g) To require that recipients of financial assistance
22		shall at all times keep proper books of record and account in
23		accordance with generally accepted accounting principles
24		consistently applied, with such books open for reasonable
25		Department inspection and audits, including, without
26		limitation, the making of copies thereof;
27		(h) To require applicants or grantees receiving funds under
28		this Act to permit the Department to: (i) inspect and audit any
29		books, records or papers related to the project in the custody
30		or control of the applicant, including the making of copies or
31		extracts thereof, and (ii) inspect or appraise any of the
32		applicant's or grantee's business assets;
33		(i) To require applicants or grantees, upon written request
34		by the Department, to issue any necessary authorization to the
35		appropriate federal, State or local authority for the release
36		of information concerning a business or business project

1		financed under the provisions of this Act, with the information
2		requested to include, but not be limited to, financial reports,
3		returns, or records relating to that business or business
4		project;
5		(i-5) To provide staffing, administration, and related
6		support required to manage the programs authorized under this
7		Act and to pay for staffing and administration from the New
8		Technology Recovery Fund as appropriated by the General
9		Assembly. Administrative responsibilities may include, but are
10		not limited to, research and identification of the needs of
11		commerce and industry in this State; design of comprehensive
12		statewide plans and programs; direction, management, and
13		control of specific projects; and communication and
14		cooperation with entities about technology commercialization
15		and business modernization;
16		(j) To take whatever actions are necessary or appropriate
17		to protect the State's interest in the event of bankruptcy,
18		default, foreclosure or noncompliance with the terms and
19		conditions of financial assistance or participation required
20		under this Act, including the power to sell, dispose, lease or
21		rent, upon terms and conditions determined by the Director to
22		be appropriate, real or personal property which the Department
23		may receive as a result thereof; and
24		(k) Exercise such other powers as are necessary to carry
25		out the purposes of this Act.
26		(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)

27		Section 185. The High Technology School-to-Work Act is
28		amended by changing Section 10 as follows:
29		(20 ILCS 701/10)
30		Sec. 10. Definitions. In this Act:
31		"Department" means the Department of Commerce and Economic
32		Opportunity Community Affairs.
33		"Director" means the Director of Commerce and Economic
34		Opportunity Community Affairs.

1		"High technology occupations" mean scientific, technical,
2		and engineering occupations including, but not limited to, the
3		following occupational groups and detailed occupations:
4		engineers; life and physical scientists; mathematical
5		specialists; engineering and science technicians; computer
6		specialists; and engineering, scientific, and computer
7		managers.
8		"Local partnership" means a cooperative agreement between
9		one or more employers, including employer associations, and one
10		or more secondary or postsecondary schools established to
11		operate a high technology school-to-work project. The
12		partnerships must be employer-led and designed to respond to
13		the high technology skill requirements of participating
14		employers.
15		(Source: P.A. 92-250, eff. 8-3-01; revised 12-6-03.)

16		Section 190. The Women's Business Ownership Act is amended
17		by changing Section 5 as follows:
18		(20 ILCS 705/5)
19		(Section scheduled to be repealed on September 1, 2004)
20		Sec. 5. Women's Business Ownership Council. There is
21		created within the Department of Commerce and Community Affairs
22		(now Department of Commerce and Economic Opportunity) the
23		Women's Business Ownership Council. The Council shall consist
24		of 9 members, with 5 persons appointed by the Governor, one of
25		whom shall be the Director of the Department of Commerce and
26		Economic Opportunity Community Affairs or his or her designee,
27		one person appointed by the President of the Senate, one person
28		appointed by the Minority Leader of the Senate, one person
29		appointed by the Speaker of the House of Representatives, and
30		one person appointed by the Minority Leader of the House of
31		Representatives.
32		Appointed members shall be uniquely qualified by
33		education, professional knowledge, or experience to serve on
34		the Council and shall reflect the ethnic, cultural, and

1		geographic diversity of the State. Of the 9 members, at least 5
2		shall be women business owners. For purposes of this Act, a
3		woman business owner shall be defined as a woman who is either:
4		(a) the principal of a company or business concern, 51% of
5		which is owned, operated, and controlled by women; or
6		(b) a senior officer or director of a company or business
7		concern who also has either:
8		(1) material responsibility for the daily operations
9		and management of the overall company or business concern;
10		or
11		(2) material responsibility for the policy making of
12		the company or business concern.
13		Of the initial appointments, members shall be randomly
14		assigned to staggered terms; 3 members shall be appointed for a
15		term of 3 years, 3 members shall be appointed for a term of 2
16		years, and 3 members shall be appointed for a term of 1 year.
17		Upon the expiration of each member's term, a successor shall be
18		appointed for a term of 3 years. In the case of a vacancy in the
19		office of any member, a successor shall be appointed for the
20		remainder of the unexpired term by the person designated as
21		responsible for making the appointment. No member shall serve
22		more than 3 consecutive terms. Members shall serve without
23		compensation but shall be reimbursed for expenses incurred in
24		connection with the performance of their duties as members.
25		One of the members shall be designated as Chairperson by
26		the Governor. In the event the Governor does not appoint the
27		Chairperson within 60 days after the effective date of this
28		Act, the Council shall convene and elect a Chairperson by a
29		simple majority vote. Upon a vacancy in the position of
30		Chairperson, the Governor shall have 30 days from the date of
31		the resignation to appoint a new Chairperson. In the event the
32		Governor does not appoint a new Chairperson within 30 days, the
33		Council shall convene and elect a new Chairperson by a simple
34		majority vote.
35		The first meeting of the Council shall be held within 90
36		days after the effective date of this Act. The Council shall

1		meet quarterly and may hold other meetings on the call of the
2		Chairperson. Five members shall constitute a quorum. The
3		Council may adopt rules it deems necessary to govern its own
4		procedures. The Department of Commerce and Economic
5		Opportunity Community Affairs shall cooperate with the Council
6		to fulfill the purposes of this Act and shall provide the
7		Council with necessary staff and administrative support. The
8		Council may apply for grants from the public and private sector
9		and is authorized to accept grants, gifts, and donations, which
10		shall be deposited into the Women's Business Ownership Fund.
11		(Source: P.A. 88-597, eff. 8-28-94; revised 12-6-03.)

12		Section 195. The Illinois Commission on Volunteerism and
13		Community Service Act is amended by changing Section 7 as
14		follows:
15		(20 ILCS 710/7)
16		Sec. 7. On the effective date of this amendatory Act of the
17		91st General Assembly, the authority, powers, and duties in
18		this Act of the Department of Commerce and Community Affairs
19		(now Department of Commerce and Economic Opportunity) are
20		transferred to the Department of Human Services.
21		(Source: P.A. 91-798, eff. 7-9-00; revised 12-6-03.)

22		Section 200. The Corporate Accountability for Tax
23		Expenditures Act is amended by changing Section 5 as follows:
24		(20 ILCS 715/5)
25		Sec. 5. Definitions. As used in this Act:
26		"Base years" means the first 2 complete calendar years
27		following the effective date of a recipient receiving
28		development assistance.
29		"Date of assistance" means the commencement date of the
30		assistance agreement, which date triggers the period during
31		which the recipient is obligated to create or retain jobs and
32		continue operations at the specific project site.

1		"Default" means that a recipient has not achieved its job
2		creation, job retention, or wage or benefit goals, as
3		applicable, during the prescribed period therefor.
4		"Department" means, unless otherwise noted, the Department
5		of Commerce and Economic Opportunity Community Affairs or any
6		successor agency.
7		"Development assistance" means (1) tax credits and tax
8		exemptions (other than given under tax increment financing)
9		given as an incentive to a recipient business organization
10		pursuant to an initial certification or an initial designation
11		made by the Department under the Economic Development for a
12		Growing Economy Tax Credit Act and the Illinois Enterprise Zone
13		Act, including the High Impact Business program, (2) grants or
14		loans given to a recipient as an incentive to a business
15		organization pursuant to the Large Business Development
16		Program, the Business Development Public Infrastructure
17		Program, or the Industrial Training Program, (3) the State
18		Treasurer's Economic Program Loans, (4) the Illinois
19		Department of Transportation Economic Development Program, and
20		(5) all successor and subsequent programs and tax credits
21		designed to promote large business relocations and expansions.
22		"Development assistance" does not include tax increment
23		financing, assistance provided under the Illinois Enterprise
24		Zone Act pursuant to local ordinance, participation loans, or
25		financial transactions through statutorily authorized
26		financial intermediaries in support of small business loans and
27		investments or given in connection with the development of
28		affordable housing.
29		"Development assistance agreement" means any agreement
30		executed by the State granting body and the recipient setting
31		forth the terms and conditions of development assistance to be
32		provided to the recipient consistent with the final application
33		for development assistance, including but not limited to the
34		date of assistance, submitted to and approved by the State
35		granting body.
36		"Full-time, permanent job" means either: (1) the

1		definition therefor in the legislation authorizing the
2		programs described in the definition of development assistance
3		in the Act or (2) if there is no such definition, then as
4		defined in administrative rules implementing such legislation,
5		provided the administrative rules were in place prior to the
6		effective date of this Act. On and after the effective date of
7		this Act, if there is no definition of "full-time, permanent
8		job" in either the legislation authorizing a program that
9		constitutes economic development assistance under this Act or
10		in any administrative rule implementing such legislation that
11		was in place prior to the effective date of this Act, then
12		"full-time, permanent job" means a job in which the new
13		employee works for the recipient at a rate of at least 35 hours
14		per week.
15		"New employee" means either: (1) the definition therefor in
16		the legislation authorizing the programs described in the
17		definition of development assistance in the Act or (2) if there
18		is no such definition, then as defined in administrative rules
19		implementing such legislation, provided the administrative
20		rules were in place prior to the effective date of this Act. On
21		and after the effective date of this Act, if there is no
22		definition of "new employee" in either the legislation
23		authorizing a program that constitutes economic development
24		assistance under this Act nor in any administrative rule
25		implementing such legislation that was in place prior to the
26		effective date of this Act, then "new employee" means a
27		full-time, permanent employee who represents a net increase in
28		the number of the recipient's employees statewide. "New
29		employee" includes an employee who previously filled a new
30		employee position with the recipient who was rehired or called
31		back from a layoff that occurs during or following the base
32		years.
33		The term "New Employee" does not include any of the
34		following:
35		(1) An employee of the recipient who performs a job
36		that was previously performed by another employee in this

1		State, if that job existed in this State for at least 6
2		months before hiring the employee.
3		(2) A child, grandchild, parent, or spouse, other than
4		a spouse who is legally separated from the individual, of
5		any individual who has a direct or indirect ownership
6		interest of at least 5% in the profits, capital, or value
7		of any member of the recipient.
8		"Part-time job" means either: (1) the definition therefor
9		in the legislation authorizing the programs described in the
10		definition of development assistance in the Act or (2) if there
11		is no such definition, then as defined in administrative rules
12		implementing such legislation, provided the administrative
13		rules were in place prior to the effective date of this Act. On
14		and after the effective date of this Act, if there is no
15		definition of "part-time job" in either the legislation
16		authorizing a program that constitutes economic development
17		assistance under this Act or in any administrative rule
18		implementing such legislation that was in place prior to the
19		effective date of this Act, then "part-time job" means a job in
20		which the new employee works for the recipient at a rate of
21		less than 35 hours per week.
22		"Recipient" means any business that receives economic
23		development assistance. A business is any corporation, limited
24		liability company, partnership, joint venture, association,
25		sole proprietorship, or other legally recognized entity.
26		"Retained employee" means either: (1) the definition
27		therefor in the legislation authorizing the programs described
28		in the definition of development assistance in the Act or (2)
29		if there is no such definition, then as defined in
30		administrative rules implementing such legislation, provided
31		the administrative rules were in place prior to the effective
32		date of this Act. On and after the effective date of this Act,
33		if there is no definition of "retained employee" in either the
34		legislation authorizing a program that constitutes economic
35		development assistance under this Act or in any administrative
36		rule implementing such legislation that was in place prior to

1		the effective date of this Act, then "retained employee" means
2		any employee defined as having a full-time or full-time
3		equivalent job preserved at a specific facility or site, the
4		continuance of which is threatened by a specific and
5		demonstrable threat, which shall be specified in the
6		application for development assistance.
7		"Specific project site" means that distinct operational
8		unit to which any development assistance is applied.
9		"State granting body" means the Department, any State
10		department or State agency that provides development
11		assistance that has reporting requirements under this Act, and
12		any successor agencies to any of the preceding.
13		"Temporary job" means either: (1) the definition therefor
14		in the legislation authorizing the programs described in the
15		definition of development assistance in the Act or (2) if there
16		is no such definition, then as defined in administrative rules
17		implementing such legislation, provided the administrative
18		rules were in place prior to the effective date of this Act. On
19		and after the effective date of this Act, if there is no
20		definition of "temporary job" in either the legislation
21		authorizing a program that constitutes economic development
22		assistance under this Act or in any administrative rule
23		implementing such legislation that was in place prior to the
24		effective date of this Act, then "temporary job" means a job in
25		which the new employee is hired for a specific duration of time
26		or season.
27		"Value of assistance" means the face value of any form of
28		development assistance.
29		(Source: P.A. 93-552, eff. 8-20-03; revised 12-6-03.)

30		Section 205. The Department of Natural Resources Act is
31		amended by changing Sections 1-5, 80-20, 80-25, 80-30, and
32		80-35 as follows:
33		(20 ILCS 801/1-5)
34		Sec. 1-5. Purpose. It is the purpose of this Act to change

1		the name of the Department of Conservation to the Department of
2		Natural Resources and to transfer to it various rights, powers,
3		duties, and functions of the Department of Energy and Natural
4		Resources, the Department of Mines and Minerals, the Abandoned
5		Mined Lands Reclamation Council, and the Division of Water
6		Resources of the Department of Transportation. This Act also
7		transfers certain recycling, energy, and oil overcharge
8		functions of the Department of Energy and Natural Resources to
9		the Department of Commerce and Community Affairs (now
10		Department of Commerce and Economic Opportunity) and certain
11		functions of the Department of Conservation related to the
12		Lincoln Monument to the Historic Preservation Agency. This Act
13		consolidates and centralizes the programs and services now
14		offered to citizens by these governmental bodies, resulting in
15		more effective operation of these programs and services.
16		(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; revised
17		12-6-03.)
18		(20 ILCS 801/80-20)
19		Sec. 80-20. Transfer of powers.
20		(a) Except as otherwise provided in this Act, all of the
21		rights, powers, and duties vested by law in the Department of
22		Conservation or in any office, division, or bureau thereof are
23		retained by the Department of Natural Resources.
24		All of the rights, powers, and duties vested by law in the
25		Department of Conservation, or in any office, division, or
26		bureau thereof, pertaining to the Lincoln Monument are
27		transferred to the Historic Preservation Agency.
28		(b) Except as otherwise provided in this Act, all of the
29		rights, powers, and duties vested by law in the Department of
30		Energy and Natural Resources or in any office, division, or
31		bureau thereof are transferred to the Department of Natural
32		Resources.
33		All of the rights, powers, and duties vested by law in the
34		Department of Energy and Natural Resources, or in any office,
35		division, or bureau thereof, pertaining to recycling programs

1		and solid waste management, energy conservation and
2		alternative energy programs, coal development and marketing
3		programs, and Exxon overcharge matters are transferred to the
4		Department of Commerce and Community Affairs (now Department of
5		Commerce and Economic Opportunity).
6		(c) All of the rights, powers, and duties vested by law in
7		the Department of Mines and Minerals or in any office,
8		division, or bureau thereof are transferred to the Department
9		of Natural Resources.
10		(d) All of the rights, powers, and duties vested by law in
11		the Abandoned Mined Lands Reclamation Council or in any office,
12		division, or bureau thereof are transferred to the Department
13		of Natural Resources.
14		(e) All of the rights, powers, and duties vested by law in
15		the Division of Water Resources of the Department of
16		Transportation or in any office, division, or bureau thereof
17		are transferred to the Department of Natural Resources.
18		(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; revised
19		12-6-03.)
20		(20 ILCS 801/80-25)
21		Sec. 80-25. Transfer of personnel.
22		(a) Personnel employed by the Department of Conservation to
23		perform functions that are retained within the Department of
24		Natural Resources shall continue their service within the
25		renamed Department.
26		(b) Personnel employed by the Department of Energy and
27		Natural Resources, the Department of Mines and Minerals, the
28		Abandoned Mined Lands Reclamation Council, or the Division of
29		Water Resources of the Department of Transportation to perform
30		functions that are transferred by this Act to the Department of
31		Natural Resources are transferred to the Department of Natural
32		Resources.
33		(c) Personnel employed by the Department of Energy and
34		Natural Resources to perform functions that are transferred by
35		this Act to the Department of Commerce and Community Affairs

1		(now Department of Commerce and Economic Opportunity) are
2		transferred to the Department of Commerce and Community Affairs
3		(now Department of Commerce and Economic Opportunity).
4		(d) Personnel employed by the abolished departments to
5		perform functions that are not clearly classifiable within the
6		areas referred to in this Section or who are employed to
7		perform complex functions that are transferred in part to
8		different departments under this Act shall be assigned and
9		transferred to appropriate departments by the Director of
10		Natural Resources, in consultation with the Director of Central
11		Management Services.
12		(e) The rights of State employees, the State, and its
13		agencies under the Personnel Code and applicable collective
14		bargaining agreements and retirement plans are not affected by
15		this Act.
16		(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; revised
17		12-6-03.)
18		(20 ILCS 801/80-30) (from 20 ILCS 801/35)
19		Sec. 80-30. Transfer of property.
20		(a) All books, records, documents, property (real and
21		personal), unexpended appropriations, and pending business
22		pertaining to the rights, powers, and duties transferred by
23		this Act from the Department of Energy and Natural Resources,
24		the Department of Mines and Minerals, the Abandoned Mined Lands
25		Reclamation Council, and the Division of Water Resources of the
26		Department of Transportation to the Department of Natural
27		Resources shall be delivered and transferred to the Department
28		of Natural Resources.
29		All books, records, documents, property (real and
30		personal), unexpended appropriations, and pending business
31		pertaining to the rights, powers, and duties retained from the
32		Department of Conservation by the Department of Natural
33		Resources shall be retained by the Department of Natural
34		Resources.
35		(b) All books, records, documents, property (real and

1		personal), unexpended appropriations, and pending business
2		pertaining to the rights, powers, and duties transferred by
3		this Act from the Department of Energy and Natural Resources to
4		the Department of Commerce and Community Affairs (now
5		Department of Commerce and Economic Opportunity) shall be
6		delivered and transferred to the Department of Commerce and
7		Community Affairs (now Department of Commerce and Economic
8		Opportunity).
9		(c) All books, records, documents, property (real and
10		personal), unexpended appropriations, and pending business
11		pertaining to the rights, powers, and duties transferred by
12		this Act from the Department of Conservation to the Historic
13		Preservation Agency shall be delivered and transferred to the
14		Historic Preservation Agency.
15		(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; 90-14,
16		eff. 7-1-97; revised 12-6-03.)
17		(20 ILCS 801/80-35)
18		Sec. 80-35. Savings provisions.
19		(a) The rights, powers, and duties transferred to or
20		retained in the Department of Natural Resources, the Department
21		of Commerce and Community Affairs (now Department of Commerce
22		and Economic Opportunity), and the Historic Preservation
23		Agency by this Act shall be vested in and shall be exercised by
24		them subject to the provisions of this Act.
25		(b) An act done by a successor department or agency, or an
26		officer or employee thereof, in the exercise of the rights,
27		powers, and duties transferred by this Act shall have the same
28		legal effect as if done by the former department or division or
29		the officers or employees thereof.
30		(c) The transfer of rights, powers, and duties to the
31		Department of Natural Resources, the Department of Commerce and
32		Community Affairs (now Department of Commerce and Economic
33		Opportunity), and the Historic Preservation Agency under this
34		Act does not invalidate any previous action taken by or in
35		respect to any of their predecessor departments or divisions or

1		their officers or employees. References to these predecessor
2		departments or divisions or their officers or employees in any
3		document, contract, agreement, or law shall, in appropriate
4		contexts, be deemed to refer to the successor department,
5		agency, officer, or employee.
6		(d) The transfer of powers and duties to the Department of
7		Natural Resources, the Department of Commerce and Community
8		Affairs (now Department of Commerce and Economic Opportunity),
9		and the Historic Preservation Agency under this Act does not
10		affect any person's rights, obligations, or duties, including
11		any civil or criminal penalties applicable thereto, arising out
12		of those transferred powers and duties.
13		(e) Whenever reports or notices are now required to be made
14		or given or documents furnished or served by any person to or
15		upon the departments or divisions, officers and employees
16		transferred by this Act, they shall be made, given, furnished,
17		or served in the same manner to or upon the successor
18		department or agency, officer or employee.
19		(f) This Act does not affect any act done, ratified, or
20		cancelled, any right occurring or established, or any action or
21		proceeding had or commenced in an administrative, civil, or
22		criminal cause before this Act takes effect. Any such action or
23		proceeding still pending may be prosecuted and continued by the
24		Department of Natural Resources, the Department of Commerce and
25		Community Affairs (now Department of Commerce and Economic
26		Opportunity), or the Historic Preservation Agency, as the case
27		may be.
28		(g) This Act does not affect the legality of any rules that
29		are in force on the effective date of this Act that have been
30		duly adopted by any of the agencies reorganized under this Act.
31		Those rules shall continue in effect until amended or repealed,
32		except that references to a predecessor department shall, in
33		appropriate contexts, be deemed to refer to the successor
34		department or agency under this Act.
35		As soon as practicable after the effective date of this
36		Act, the Department of Natural Resources, the Department of

1		Commerce and Community Affairs (now Department of Commerce and
2		Economic Opportunity), and the Historic Preservation Agency
3		shall each propose and adopt under the Illinois Administrative
4		Procedure Act any rules that may be necessary to consolidate
5		and clarify the rules of their predecessor departments relating
6		to matters transferred to them under this Act.
7		(Source: P.A. 89-50, eff. 7-1-95; 89-445, eff. 2-7-96; revised
8		12-6-03.)

9		Section 210. The Department of Natural Resources
10		(Conservation) Law of the Civil Administrative Code of Illinois
11		is amended by changing Section 805-435 as follows:
12		(20 ILCS 805/805-435) (was 20 ILCS 805/63b2.5)
13		Sec. 805-435. Office of Conservation Resource Marketing.
14		The Department shall maintain an Office of Conservation
15		Resource Marketing. The Office shall conduct a program for
16		marketing and promoting the use of conservation resources in
17		Illinois with emphasis on recreation and tourism facilities.
18		The Office shall coordinate its tourism promotion efforts with
19		local community events and shall include a field staff which
20		shall work with the Department of Commerce and Economic
21		Opportunity Community Affairs and local officials to
22		coordinate State and local activities for the purpose of
23		expanding tourism and local economies. The Office shall
24		develop, review, and coordinate brochures and information
25		pamphlets for promoting the use of conservation resources. The
26		Office shall conduct marketing research to identify
27		organizations and target populations that can be encouraged to
28		use Illinois recreation facilities for group events and the
29		many tourist sites.
30		The Director shall submit an annual report to the Governor
31		and the General Assembly summarizing the Office's activities
32		and including its recommendations for improving the
33		Department's tourism promotion and marketing programs for
34		conservation resources.

1		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)

2		Section 215. The Interagency Wetland Policy Act of 1989 is
3		amended by changing Section 2-1 as follows:
4		(20 ILCS 830/2-1) (from Ch. 96 1/2, par. 9702-1)
5		Sec. 2-1. Interagency Wetlands Committee. An Interagency
6		Wetlands Committee, chaired by the Director of Natural
7		Resources or his or her representative, is established. The
8		Directors of the following agencies, or their respective
9		representatives, shall serve as members of the Committee:
10		Capital Development Board,
11		Department of Agriculture,
12		Department of Commerce and Economic Opportunity Community
13		Affairs,
14		Environmental Protection Agency,
15		Department of Transportation, and
16		Historic Preservation Agency.
17		The Interagency Wetlands Committee shall also include 2
18		additional persons with relevant expertise designated by the
19		Director of Natural Resources.
20		The Interagency Wetlands Committee shall advise the
21		Director in the administration of this Act. This will include:
22		(a) Developing rules and regulations for the
23		implementation and administration of this Act.
24		(b) Establishing guidelines for developing individual
25		Agency Action Plans.
26		(c) Developing and adopting technical procedures for
27		the consistent identification, delineation and evaluation
28		of existing wetlands and quantification of their
29		functional values and the evaluation of wetland
30		restoration or creation projects.
31		(d) Developing a research program for wetland
32		function, restoration and creation.
33		(e) Preparing reports, including:
34		(1) A biennial report to the Governor and the

1		General Assembly on the impact of State supported
2		activities on wetlands.
3		(2) A comprehensive report on the status of the
4		State's wetland resources, including recommendations
5		for additional programs, by January 15, 1991.
6		(f) Development of educational materials to promote
7		the protection of wetlands.
8		(Source: P.A. 92-651, eff. 7-11-02; revised 12-6-03.)

9		Section 220. The Outdoor Recreation Resources Act is
10		amended by changing Sections 2 and 2a as follows:
11		(20 ILCS 860/2) (from Ch. 105, par. 532)
12		Sec. 2. The Department of Natural Resources is authorized
13		to have prepared, with the Department of Commerce and Economic
14		Opportunity Community Affairs, and to maintain and keep
15		up-to-date a comprehensive plan for the development of the
16		outdoor recreation resources of the State.
17		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
18		(20 ILCS 860/2a) (from Ch. 105, par. 532a)
19		Sec. 2a. The Historic Preservation Agency is authorized to
20		have prepared with the Department of Commerce and Economic
21		Opportunity Community Affairs and to maintain, and keep
22		up-to-date a comprehensive plan for the preservation of the
23		historically significant properties and interests of the
24		State.
25		(Source: P.A. 84-25; revised 12-6-03.)

26		Section 225. The Energy Conservation and Coal Development
27		Act is amended by changing Sections 1 and 8 as follows:
28		(20 ILCS 1105/1) (from Ch. 96 1/2, par. 7401)
29		Sec. 1. Definitions; transfer of duties.
30		(a) For the purposes of this Act, unless the context
31		otherwise requires:

1		"Department" means the Department of Commerce and
2		Economic Opportunity Community Affairs.
3		"Director" means the Director of Commerce and Economic
4		Opportunity Community Affairs.
5		(b) As provided in Section 80-20 of the Department of
6		Natural Resources Act, the Department of Commerce and Community
7		Affairs (now Department of Commerce and Economic Opportunity)
8		shall assume the rights, powers, and duties of the former
9		Department of Energy and Natural Resources under this Act,
10		except as those rights, powers, and duties are otherwise
11		allocated or transferred by law.
12		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
13		(20 ILCS 1105/8) (from Ch. 96 1/2, par. 7408)
14		Sec. 8. Illinois Coal Development Board.
15		(a) There shall be established as an advisory board to the
16		Department, the Illinois Coal Development Board, hereinafter
17		in this Section called the Board. The Board shall be composed
18		of the following voting members: the Director of the
19		Department, who shall be Chairman thereof; the Deputy Director
20		of the Bureau of Business Development within the Department of
21		Commerce and Economic Opportunity Community Affairs; the
22		Director of Natural Resources or that Director's designee; the
23		Director of the Office of Mines and Minerals within the
24		Department of Natural Resources; 4 members of the General
25		Assembly (one each appointed by the President of the Senate,
26		the Senate Minority Leader, the Speaker of the House, and the
27		House Minority Leader); and 8 persons appointed by the
28		Governor, with the advice and consent of the Senate, including
29		representatives of Illinois industries that are involved in the
30		extraction, utilization or transportation of Illinois coal,
31		persons representing financial or banking interests in the
32		State, and persons experienced in international business and
33		economic development. These members shall be chosen from
34		persons of recognized ability and experience in their
35		designated field. The members appointed by the Governor shall

1		serve for terms of 4 years, unless otherwise provided in this
2		subsection. The initial terms of the original appointees shall
3		expire on July 1, 1985, except that the Governor shall
4		designate 3 of the original appointees to serve initial terms
5		that shall expire on July 1, 1983. The initial term of the
6		member appointed by the Governor to fill the office created
7		after July 1, 1985 shall expire on July 1, 1989. The initial
8		terms of the members appointed by the Governor to fill the
9		offices created by this amendatory Act of 1993 shall expire on
10		July 1, 1995, and July 1, 1997, as determined by the Governor.
11		A member appointed by a Legislative Leader shall serve for the
12		duration of the General Assembly for which he or she is
13		appointed, so long as the member remains a member of that
14		General Assembly.
15		The Board shall meet at least annually or at the call of
16		the Chairman. At any time the majority of the Board may
17		petition the Chairman for a meeting of the Board. Nine members
18		of the Board shall constitute a quorum. Members of the Board
19		shall be reimbursed for actual and necessary expenses incurred
20		while performing their duties as members of the Board from
21		funds appropriated to the Department for such purpose.
22		(b) The Board shall provide advice and make recommendations
23		on the following Department powers and duties:
24		(1) To develop an annual agenda which may include but
25		is not limited to research and methodologies conducted for
26		the purpose of increasing the utilization of Illinois' coal
27		and other fossil fuel resources, with emphasis on high
28		sulfur coal, in the following areas: coal extraction,
29		preparation and characterization; coal technologies
30		(combustion, gasification, liquefaction, and related
31		processes); marketing; public awareness and education, as
32		those terms are used in the Illinois Coal Technology
33		Development Assistance Act; transportation; procurement of
34		sites and issuance of permits; and environmental impacts.
35		(2) To support and coordinate Illinois coal research,
36		and to approve projects consistent with the annual agenda

1		and budget for coal research and the purposes of this Act
2		and to approve the annual budget and operating plan for
3		administration of the Board.
4		(3) To promote the coordination of available research
5		information on the production, preparation, distribution
6		and uses of Illinois coal. The Board shall advise the
7		existing research institutions within the State on areas
8		where research may be necessary.
9		(4) To cooperate to the fullest extent possible with
10		State and federal agencies and departments, independent
11		organizations, and other interested groups, public and
12		private, for the purposes of promoting Illinois coal
13		resources.
14		(5) To submit an annual report to the Governor and the
15		General Assembly outlining the progress and
16		accomplishments made in the year, providing an accounting
17		of funds received and disbursed, reviewing the status of
18		research contracts, and furnishing other relevant
19		information.
20		(6) To focus on existing coal research efforts in
21		carrying out its mission; to make use of existing research
22		facilities in Illinois or other institutions carrying out
23		research on Illinois coal; as far as practicable, to make
24		maximum use of the research facilities available at the
25		Illinois State Geological Survey, the Coal Extraction and
26		Utilization Research Center, the Illinois Coal Development
27		Park and universities and colleges located within the State
28		of Illinois; and to create a consortium or center which
29		conducts, coordinates and supports coal research
30		activities in the State of Illinois. Programmatic
31		activities of such a consortium or center shall be subject
32		to approval by the Department and shall be consistent with
33		the purposes of this Act. The Department may authorize
34		expenditure of funds in support of the administrative and
35		programmatic operations of such a center or consortium
36		consistent with its statutory authority. Administrative

1		actions undertaken by or for such a center or consortium
2		shall be subject to the approval of the Department.
3		(7) To make a reasonable attempt, before initiating any
4		research under this Act, to avoid duplication of effort and
5		expense by coordinating the research efforts among various
6		agencies, departments, universities or organizations, as
7		the case may be.
8		(8) To adopt, amend and repeal rules, regulations and
9		bylaws governing the Board's organization and conduct of
10		business.
11		(9) To authorize the expenditure of monies from the
12		Coal Technology Development Assistance Fund, the Public
13		Utility Fund and other funds in the State Treasury
14		appropriated to the Department, consistent with the
15		purposes of this Act.
16		(10) To seek, accept, and expend gifts or grants in any
17		form, from any public agency or from any other source. Such
18		gifts and grants may be held in trust by the Department and
19		expended at the direction of the Department and in the
20		exercise of the Department's powers and performance of the
21		Department's duties.
22		(11) To publish, from time to time, the results of
23		Illinois coal research projects funded through the
24		Department.
25		(12) To authorize loans from appropriations from the
26		Build Illinois Bond Purposes Fund, the Build Illinois Bond
27		Fund and the Illinois Industrial Coal Utilization Fund.
28		(13) To authorize expenditures of monies for coal
29		development projects under the authority of Section 13 of
30		the General Obligation Bond Act.
31		(c) The Board shall also provide advice and make
32		recommendations on the following Department powers and duties:
33		(1) To create and maintain thorough, current and
34		accurate records on all markets for and actual uses of coal
35		mined in Illinois, and to make such records available to
36		the public upon request.

1		(2) To identify all current and anticipated future
2		technical, economic, institutional, market, environmental,
3		regulatory and other impediments to the utilization of
4		Illinois coal.
5		(3) To monitor and evaluate all proposals and plans of
6		public utilities related to compliance with the
7		requirements of Title IV of the federal Clean Air Act
8		Amendments of 1990, or with any other law which might
9		affect the use of Illinois coal, for the purposes of (i)
10		determining the effects of such proposals or plans on the
11		use of Illinois coal, and (ii) identifying alternative
12		plans or actions which would maintain or increase the use
13		of Illinois coal.
14		(4) To develop strategies and to propose policies to
15		promote environmentally responsible uses of Illinois coal
16		for meeting electric power supply requirements and for
17		other purposes.
18		(5) (Blank).
19		(Source: P.A. 89-445, eff. 2-7-96; 90-348, eff. 1-1-98; 90-454,
20		eff. 8-16-97; revised 12-6-03.)

21		Section 230. The Illinois Coal and Energy Development Bond
22		Act is amended by changing Sections 3, 3.1, 6, 8, 10, and 11 as
23		follows:
24		(20 ILCS 1110/3) (from Ch. 96 1/2, par. 4103)
25		Sec. 3. The Department of Commerce and Economic Opportunity
26		Community Affairs shall have the following powers and duties:
27		(a) To solicit, accept and expend gifts, grants or any form
28		of assistance, from any source, including but not limited to,
29		the federal government or any agency thereof;
30		(b) To enter into contracts, including, but not limited to,
31		service contracts, with business, industrial, university,
32		governmental or other qualified individuals or organizations
33		to promote development of coal and other energy resources. Such
34		contracts may be for, but are not limited to, the following

1		purposes: (1) the commercial application of existing
2		technology for development of coal resources, (2) to initiate
3		or complete development of new technology for development of
4		coal resources, and (3) for planning, design, acquisition,
5		development, construction, improvement and financing a site or
6		sites and facilities for establishing plants, projects or
7		demonstrations for development of coal resources and research,
8		development and demonstration of alternative forms of energy;
9		and
10		(c) In the exercise of other powers granted it under this
11		Act, to acquire property, real, personal or mixed, including
12		any rights therein, by exercise of the power of condemnation in
13		accordance with the procedures provided for the exercise of
14		eminent domain under Article VII of the Code of Civil
15		Procedure, as amended, provided, however, the power of
16		condemnation shall be exercised solely for the purposes of
17		siting and/or rights of way and/or easements appurtenant to
18		coal utilization and/or coal conversion projects. The
19		Department shall not exercise its powers of condemnation until
20		it has used reasonable good faith efforts to acquire such
21		property before filing a petition for condemnation and may
22		thereafter use such powers when it determines that such
23		condemnation of property rights is necessary to avoid
24		unreasonable delay or economic hardship to the progress of
25		activities carried out in the exercise of powers granted under
26		this Act. After June 30, 1985, the Department shall not
27		exercise its power of condemnation for a project which does not
28		receive State or U.S. Government funding. Before use of the
29		power of condemnation for projects not receiving State or U.S.
30		Government funding, the Department shall hold a public hearing
31		to receive comments on the exercise of the power of
32		condemnation. The Department shall use the information
33		received at hearing in making its final decision on the
34		exercise of the power of condemnation. The hearing shall be
35		held in a location reasonably accessible to the public
36		interested in the decision. The Department shall promulgate

1		guidelines for the conduct of the hearing.
2		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
3		(20 ILCS 1110/3.1) (from Ch. 96 1/2, par. 4103.1)
4		Sec. 3.1. The Department of Commerce and Economic
5		Opportunity Community Affairs is authorized to enter into
6		agreements with a county or counties and expend funds
7		authorized by this Act for purposes set forth in the County
8		Coal Processing Act.
9		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
10		(20 ILCS 1110/6) (from Ch. 96 1/2, par. 4106)
11		Sec. 6. The Department of Commerce and Economic Opportunity
12		Community Affairs is authorized to use $120,000,000 for the
13		purposes specified in this Act. These funds shall be expended
14		only for a grant to the owner of a generating station located
15		in Illinois and having at least three coal-fired generating
16		units with accredited summer capacity greater than 500
17		megawatts each at such generating station as specifically
18		authorized by this paragraph. Notwithstanding any of the other
19		provisions of this Act, in considering the approval of projects
20		to be funded under this Act, the Department of Commerce and
21		Economic Opportunity Community Affairs shall give special
22		consideration to projects which are designed to remove sulfur
23		and other pollutants in the preparation and utilization of
24		coal, and in the use and operation of electric utility
25		generating plants and industrial facilities which utilize
26		Illinois coal as their primary source of fuel. The Department
27		of Commerce and Community Affairs (now Department of Commerce
28		and Economic Opportunity) is directed to enter into a contract
29		with the owner of a generating station located in Illinois and
30		having at least three coal-fired generating units with
31		accredited summer capability greater than 500 megawatts each at
32		such generating station for a grant of $35,000,000 to be made
33		by the State of Illinois to such owner to be used to pay costs
34		of designing, acquiring, constructing, installing and testing

1		facilities to reduce sulfur dioxide emissions at one such
2		generating unit to allow that unit to meet the requirements of
3		the Federal Clean Air Act Amendments of 1990 (P.L. 101-549)
4		while continuing to use coal mined in Illinois as its source of
5		fuel.
6		(Source: P.A. 91-583, eff. 1-1-00; revised 12-6-03.)
7		(20 ILCS 1110/8) (from Ch. 96 1/2, par. 4108)
8		Sec. 8. Sale of bonds. The bonds shall be issued and sold
9		from time to time in such amounts as directed by the Governor,
10		upon recommendation by the Director of the Governor's Office of
11		Management and Budget Bureau of the Budget. The bonds shall be
12		serial bonds in the denomination of $5,000 or some multiple
13		thereof, shall be payable within 30 years from their date,
14		shall bear interest payable annually or semiannually from their
15		date at the rate of not more than 15% per annum, or such higher
16		maximum rate as may be authorized by "An Act to authorize
17		public corporations to issue bonds, other evidences of
18		indebtedness and tax anticipation warrants subject to interest
19		rate limitations set forth therein", approved May 26, 1970, as
20		amended, shall be dated, and shall be in such form as the
21		Director of the Governor's Office of Management and Budget
22		Bureau of the Budget shall fix and determine in the order
23		authorizing the issuance and sale of the bonds, which order
24		shall be approved by the Governor prior to the giving of notice
25		of the sale of any of the bonds. These bonds shall be payable
26		as to both principal and interest at such place or places,
27		within or without the State of Illinois, and may be made
28		registrable as to either principal or as to both principal and
29		interest, as shall be fixed and determined by the Director of
30		the Governor's Office of Management and Budget Bureau of the
31		Budget in the order authorizing the issuance and sale of such
32		bonds. The bonds may be callable as fixed and determined by the
33		Director of the Governor's Office of Management and Budget
34		Bureau of the Budget in the order authorizing the issuance and
35		sale of the bonds; provided, however, that the State shall not

1		pay a premium of more than 3% of the principal of any bonds so
2		called.
3		(Source: P.A. 91-357, eff. 7-29-99; revised 8-23-03.)
4		(20 ILCS 1110/10) (from Ch. 96 1/2, par. 4110)
5		Sec. 10. Bond Proceeds.
6		The Bonds shall be sold from time to time by the Director
7		of the Governor's Office of Management and Budget Bureau of the
8		Budget to the highest and best bidders, for not less than their
9		par value, upon sealed bids, at not exceeding the maximum
10		interest rate fixed in the order authorizing the issuance of
11		the Bonds. The right to reject any and all bids may be
12		reserved. The Secretary of State shall, from time to time, as
13		the Bonds are to be sold, advertise in at least two daily
14		newspapers, one of which is published in the City of
15		Springfield and one in the City of Chicago, for proposals to
16		purchase the Bonds. Each of such advertisements for proposals
17		shall be published once at least 10 days prior to the date of
18		the opening of the bids. The executed Bonds shall, upon payment
19		therefor, be delivered to the purchaser, and the proceeds of
20		the Bonds shall be paid into the State Treasury. The proceeds
21		of the Bonds shall be deposited in a separate fund known as the
22		"Coal Development Fund", which separate fund is hereby created.
23		(Source: P.A. 78-1122; revised 8-23-03.)
24		(20 ILCS 1110/11) (from Ch. 96 1/2, par. 4111)
25		Sec. 11. Expenditure of funds. At all times, the proceeds
26		from the sale of Bonds are subject to appropriation by the
27		General Assembly and may be expended in such amounts and at
28		such times as the Department of Commerce and Economic
29		Opportunity Community Affairs, with the approval of the
30		Illinois Energy Resources Commission, may deem necessary or
31		desirable for the specific purposes contemplated by this Act.
32		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

33

Section 235. The Energy Conservation Act is amended by

1		changing Section 4 as follows:
2		(20 ILCS 1115/4) (from Ch. 96 1/2, par. 7604)
3		Sec. 4. Technical Assistance Programs.
4		(a) The Department of Commerce and Economic Opportunity
5		Community Affairs shall provide technical assistance in the
6		development of thermal efficiency standards and lighting
7		efficiency standards to units of local government, upon request
8		by such unit.
9		(b) The Department shall provide technical assistance in
10		the development of a program for energy efficiency in
11		procurement to units of local government, upon request by such
12		unit.
13		(c) The Technical Assistance Programs provided in this
14		Section shall be supported by funds provided to the State
15		pursuant to the federal "Energy Policy and Conservation Act of
16		1975" or other federal acts that provide funds for energy
17		conservation efforts through the use of building codes.
18		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

19		Section 240. The Illinois Geographic Information Council
20		Act is amended by changing Section 5-5 as follows:
21		(20 ILCS 1128/5-5)
22		Sec. 5-5. Council. The Illinois Geographic Information
23		Council, hereinafter called the "Council", is created within
24		the Department of Natural Resources.
25		The Council shall consist of 17 voting members, as follows:
26		the Illinois Secretary of State, the Illinois Secretary of
27		Transportation, the Directors of the Illinois Departments of
28		Agriculture, Central Management Services, Commerce and
29		Economic Opportunity Community Affairs, Nuclear Safety, Public
30		Health, Natural Resources, and Revenue, the Directors of the
31		Illinois Emergency Management Agency and the Illinois
32		Environmental Protection Agency, the President of the
33		University of Illinois, the Chairman of the Illinois Commerce

1		Commission, plus 4 members of the General Assembly, one each
2		appointed by the Speaker and Minority Leader of the House and
3		the President and Minority Leader of the Senate. An ex officio
4		voting member may designate another person to carry out his or
5		her duties on the Council.
6		In addition to the above members, the Governor may appoint
7		up to 10 additional voting members, representing local,
8		regional, and federal agencies, professional organizations,
9		academic institutions, public utilities, and the private
10		sector.
11		Members appointed by the Governor shall serve at the
12		pleasure of the Governor.
13		(Source: P.A. 88-669, eff. 11-29-94; 89-143, eff. 7-14-95;
14		89-445, eff. 2-7-96; revised 12-6-03.)

15		Section 245. The Department of Human Services Act is
16		amended by changing Sections 1-25, 10-22, and 80-5 as follows:
17		(20 ILCS 1305/1-25)
18		Sec. 1-25. Unified electronic management and intake
19		information and reporting system.
20		(a) The Department of Human Services shall implement and
21		use a unified electronic management and intake information and
22		reporting system. The Department may own and operate the system
23		itself or use equipment, services, or facilities provided by
24		private or other governmental entities under contract or
25		agreement. The system shall be implemented as expeditiously as
26		may be practical and, as originally implemented, shall comply
27		as closely as possible with the plan approved by the Task Force
28		on Human Services Consolidation under this Section.
29		(b) The Director of the Bureau of the Budget (now
30		Governor's Office of Management and Budget), in consultation
31		with the Task Force on Human Services Consolidation and the
32		directors of the departments reorganized under this Act, shall
33		prepare and submit to the Task Force by January 1, 1997 a plan
34		for the development and implementation of the unified

1		electronic management and intake information and reporting
2		system.
3		The Task Force shall review the plan and, by February 1,
4		1997, shall either approve the plan in accordance with
5		subsection (c) or return it to the Director of the Bureau of
6		the Budget (now Governor's Office of Management and Budget)
7		with the Task Force's recommendations for change. If the plan
8		is returned for change, the Director of the Bureau of the
9		Budget (now Governor's Office of Management and Budget) shall
10		revise the plan and, by March 1, 1997, shall submit the revised
11		plan to the Task Force for review and approval. If the Task
12		Force does not approve the revised plan as submitted by the
13		Director of the Bureau of the Budget (now Governor's Office of
14		Management and Budget), it may continue to work with the
15		Director on a further revision of the plan or it may adopt and
16		approve a plan of its own.
17		(c) To approve a plan under this Section, the Task Force
18		shall file with the Secretary of State a certified copy of the
19		plan and a certified copy of a resolution approving the plan,
20		adopted with the affirmative vote of at least 4 of the voting
21		members of the Task Force.
22		(d) Until the Task Force on Human Services Consolidation
23		approves a plan for the development and implementation of the
24		unified electronic management and intake information and
25		reporting system, no additional powers or duties (other than
26		those provided in House Bill 2632 of the 89th General Assembly
27		or this amendatory Act of 1996) shall be statutorily
28		transferred from any agency to the Department.
29		(Source: P.A. 89-506, eff. 7-3-96; revised 8-23-03.)
30		(20 ILCS 1305/10-22)
31		Sec. 10-22. Great START program.
32		(a) Beginning October 1, 2000 and until July 1, 2004, the
33		Department of Human Services shall, subject to a specific
34		appropriation for this purpose, operate a Great START (Strategy
35		To Attract and Retain Teachers) program. The goal of the

1		program is to improve children's developmental and educational
2		outcomes in child care by encouraging increased professional
3		preparation by staff and staff retention. The Great START
4		program shall coordinate with the TEACH professional
5		development program.
6		The program shall provide wage supplements and may include
7		other incentives to licensed child care center personnel,
8		including early childhood teachers, school-age workers, early
9		childhood assistants, school-age assistants, and directors, as
10		such positions are defined by administrative rule of the
11		Department of Children and Family Services. The program shall
12		provide wage supplements and may include other incentives to
13		licensed family day care home personnel and licensed group day
14		care home personnel, including caregivers and assistants as
15		such positions are defined by administrative rule of the
16		Department of Children and Family Services. Individuals will
17		receive supplements commensurate with their qualifications.
18		(b) The Department shall convene a working committee of its
19		standing Child and Development Advisory Council to make
20		recommendations by October 1, 2000 on the components of the
21		Great START program. The working committee shall consist of
22		experts from the child care and early childhood education
23		field. In addition, the working committee shall include, when
24		necessary, the Secretary of Human Services, the Director of
25		Children and Family Services, the Director of Commerce and
26		Economic Opportunity Community Affairs, the Director of
27		Employment Security, the Superintendent of the State Board of
28		Education, the Chair of the Community College Board, and the
29		Chair of the Executive Committee of the Board of Higher
30		Education, or their designees.
31		(c) The Department shall, by rule, define the scope and
32		operation of the program, including a wage supplement scale.
33		The scale shall pay increasing amounts for higher levels of
34		educational attainment beyond minimum qualifications and shall
35		recognize longevity of employment. Subject to the availability
36		of sufficient appropriation, the wage supplements shall be paid

1		to child care personnel in the form of bonuses at 6 month
2		intervals. Six months of continuous service with a single
3		employer is required to be eligible to receive a wage
4		supplement bonus. Wage supplements shall be paid directly to
5		individual day care personnel, not to their employers. Eligible
6		individuals must provide to the Department or its agent all
7		information and documentation, including but not limited to
8		college transcripts, to demonstrate their qualifications for a
9		particular wage supplement level.
10		If appropriations permit, the Department may include
11		one-time signing bonuses or other incentives to help providers
12		attract staff, provided that the signing bonuses are less than
13		the supplement staff would have received if they had remained
14		employed with another day care center or family day care home.
15		If appropriations permit, the Department may include
16		one-time longevity bonuses or other incentives to recognize
17		staff who have remained with a single employer.
18		(d) The Department shall evaluate the Great START program,
19		gather data on turnover rates, educational attainment, and
20		other relevant issues, and submit a report to the General
21		Assembly on the Great START program by December 31, 2002.
22		(Source: P.A. 91-831, eff. 6-15-00; revised 12-6-03.)
23		(20 ILCS 1305/80-5)
24		Sec. 80-5. Task Force on Human Services Consolidation.
25		(a) There is hereby established a Task Force on Human
26		Services Consolidation.
27		(b) The Task Force shall consist of 7 voting members, as
28		follows: one person appointed by the Governor, who shall serve
29		as chair of the Task Force; 2 members appointed by the
30		President of the Senate, one of whom shall be designated a vice
31		chair at the time of appointment; one member appointed by the
32		Senate Minority Leader; 2 members appointed by the Speaker of
33		the House of Representatives, one of whom shall be designated a
34		vice chair at the time of appointment; and one member appointed
35		by the House Minority Leader.

1		Members appointed by the legislative leaders shall be
2		appointed for the duration of the Task Force; in the event of a
3		vacancy, the appointment to fill the vacancy shall be made by
4		the legislative leader of the same house and party as the
5		leader who made the original appointment. The Governor may at
6		any time terminate the service of the person appointed by the
7		Governor and reappoint a different person to serve as chair of
8		the Task Force.
9		The following persons (or their designees) shall serve, ex
10		officio, as nonvoting members of the Task Force: the Director
11		of Public Health, the Director of Public Aid, the Director of
12		Children and Family Services, the Director of the Governor's
13		Office of Management and Budget Bureau of the Budget, and,
14		until their offices are abolished, the Director of Mental
15		Health and Developmental Disabilities, the Director of
16		Rehabilitation Services, and the Director of Alcoholism and
17		Substance Abuse. The Governor may appoint up to 3 additional
18		persons to serve as nonvoting members of the Task Force; such
19		persons shall be officers or employees of a constitutional
20		office or of a department or agency of the executive branch.
21		The Task Force may begin to conduct business upon the
22		appointment of a majority of the voting members. If the chair
23		has not been appointed but both vice chairs have been
24		appointed, the 2 vice chairs shall preside jointly. If the
25		chair has not been appointed and only one vice chair has been
26		appointed, that vice chair shall preside.
27		Members shall serve without compensation but may be
28		reimbursed for their expenses.
29		(c) The Task Force shall gather information and make
30		recommendations relating to the planning, organization, and
31		implementation of human services consolidation. The Task Force
32		shall work to assure that the human services delivery system
33		meets and adheres to the goals of quality, efficiency,
34		accountability, and financial responsibility; to make
35		recommendations in keeping with those goals concerning the
36		design, operation, and organizational structure of the new

1		Department of Human Services; and to recommend any necessary
2		implementing legislation.
3		The Task Force shall monitor the implementation of human
4		service program reorganization and shall study its effect on
5		the delivery of services to the citizens of Illinois. The Task
6		Force shall make recommendations to the Governor and the
7		General Assembly regarding future consolidation of human
8		service programs and functions.
9		(d) The Task Force shall:
10		(1) review and make recommendations on the
11		organizational structure of the new Department of Human
12		Services;
13		(2) review and approve plans for a unified electronic
14		management and intake information and reporting system as
15		provided in Section 1-25, and monitor and guide the
16		implementation of the system;
17		(3) review and make recommendations on the
18		consolidation or elimination of fragmented or duplicative
19		programs;
20		(4) monitor and make recommendations on how best to
21		maximize future federal funding for the new Department of
22		Human Services, specifically including consideration of
23		any federal Medicaid, welfare, or block grant reform;
24		(5) review and make recommendations on geographic
25		regionalization;
26		(6) review and make recommendations on development of
27		common intake and client confidentiality processes;
28		(7) review and make recommendations to foster
29		effective community-based privatization;
30		(8) obtain a management audit of the Department of
31		Children and Family Services, to be completed and submitted
32		to the Task Force no later than July 1, 1997; and
33		(9) review any other appropriate matter and make
34		recommendations to assure a high quality, efficient,
35		accountable, and financially responsible system for the
36		delivery of human services to the people of Illinois.

1		(e) The Task Force may hire any necessary staff or
2		consultants, enter into contracts, and make any expenditures
3		necessary for carrying out its duties, all out of moneys
4		appropriated for that purpose. Staff support services may be
5		provided to the Task Force by the Office of the Governor, the
6		agencies of State government directly involved in the
7		reorganization of the delivery of human services, and
8		appropriate legislative staff.
9		(f) The Task Force may establish an advisory committee to
10		ensure maximum public participation in the Task Force's
11		planning, organization, and implementation review process. If
12		established, the advisory committee shall (1) advise and assist
13		the Task Force in its duties, (2) help the Task Force to
14		identify issues of public concern, and (3) meet at least
15		quarterly.
16		(g) The Task Force shall submit preliminary reports of its
17		findings and recommendations to the Governor and the General
18		Assembly by February 1, 1997 and February 1, 1998 and a final
19		report by January 1, 1999. It may submit other reports as it
20		deems appropriate.
21		(h) The Task Force is abolished on February 1, 1999.
22		(Source: P.A. 89-506, eff. 7-3-96; revised 8-23-03.)

23		Section 250. The Illinois Guaranteed Job Opportunity Act is
24		amended by changing Section 10 as follows:
25		(20 ILCS 1510/10)
26		Sec. 10. Definitions. As used in this Act:
27		"Department" means the Department of Commerce and Economic
28		Opportunity Community Affairs.
29		"Eligible area" means a county, township, municipality, or
30		ward or precinct of a municipality.
31		"Participant" means an individual who is determined to be
32		eligible under Section 25.
33		"Project" means the definable task or group of tasks which:
34		(1) will be carried out by a public agency, a private

1		nonprofit organization, a private contractor, or a
2		cooperative,
3		(2) (blank),
4		(3) will result in a specific product or
5		accomplishment, and
6		(4) would not otherwise be conducted with existing
7		funds.
8		"Director" means the Director of Commerce and Economic
9		Opportunity Community Affairs.
10		(Source: P.A. 93-46, eff. 7-1-03; revised 12-6-03.)

11		Section 255. The Department of Revenue Law of the Civil
12		Administrative Code of Illinois is amended by changing Section
13		2505-550 as follows:
14		(20 ILCS 2505/2505-550) (was 20 ILCS 2505/39b51)
15		Sec. 2505-550. Jobs Impact Committee and report. With
16		respect to the credits provided for by Sections 209 and 210 of
17		the Illinois Income Tax Act, Section 3-50 of the Use Tax Act,
18		Section 2 of the Service Use Tax Act, Section 2 of the Service
19		Occupation Tax Act, and Section 2-45 of the Retailers'
20		Occupation Tax Act, there is hereby created a Jobs Impact
21		Committee, which shall consist of the Director or the person or
22		persons the Director may designate, and the representative or
23		representatives that shall be designated to serve on the
24		Committee by the Department of Commerce and Economic
25		Opportunity Community Affairs, the Governor's Office of
26		Management and Budget Bureau of the Budget, and the Economic
27		and Fiscal Commission. The Committee, so assembled, shall
28		invite and appoint 2 members of the businesses that are
29		eligible for the credits provided by those Sections. The
30		Committee shall study the use and effectiveness of these
31		credits with regard to job creation relative to the revenue
32		loss to the State from the provision of these credits. The
33		Director shall, on behalf of the Committee, submit the
34		Committee's report to the General Assembly on or before June

1		30, 1998.
2		(Source: P.A. 90-552, eff. 12-12-97; 91-239, eff. 1-1-00;
3		revised 8-23-03.)

4		Section 260. The Department of State Police Law of the
5		Civil Administrative Code of Illinois is amended by changing
6		Sections 2605-45 and 2605-555 as follows:
7		(20 ILCS 2605/2605-45) (was 20 ILCS 2605/55a-5)
8		Sec. 2605-45. Division of Administration. The Division of
9		Administration shall exercise the following functions:
10		(1) Exercise the rights, powers, and duties vested in
11		the Department by the Governor's Office of Management and
12		Budget Bureau of the Budget Act.
13		(2) Pursue research and the publication of studies
14		pertaining to local law enforcement activities.
15		(3) Exercise the rights, powers, and duties vested in
16		the Department by the Personnel Code.
17		(4) Operate an electronic data processing and computer
18		center for the storage and retrieval of data pertaining to
19		criminal activity.
20		(5) Exercise the rights, powers, and duties vested in
21		the former Division of State Troopers by Section 17 of the
22		State Police Act.
23		(6) Exercise the rights, powers, and duties vested in
24		the Department by "An Act relating to internal auditing in
25		State government", approved August 11, 1967 (repealed; now
26		the Fiscal Control and Internal Auditing Act, 30 ILCS 10/).
27		(6.5) Exercise the rights, powers, and duties vested in
28		the Department by the Firearm Owners Identification Card
29		Act.
30		(7) Exercise other duties that may be assigned by the
31		Director to fulfill the responsibilities and achieve the
32		purposes of the Department.
33		(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01; revised
34		8-23-03.)

1		(20 ILCS 2605/2605-555)
2		Sec. 2605-555. Pilot program; Project Exile.
3		(a) The Department shall establish a Project Exile pilot
4		program to combat gun violence.
5		(b) Through the pilot program, the Department, in
6		coordination with local law enforcement agencies, State's
7		Attorneys, and United States Attorneys, shall, to the extent
8		possible, encourage the prosecution in federal court of all
9		persons who illegally use, attempt to use, or threaten to use
10		firearms against the person or property of another, of all
11		persons who use or possess a firearm in connection with a
12		violation of the Cannabis Control Act or the Illinois
13		Controlled Substances Act, all persons who have been convicted
14		of a felony under the laws of this State or any other
15		jurisdiction who possess any weapon prohibited under Section
16		24-1 of the Criminal Code of 1961 or any firearm or any firearm
17		ammunition, and of all persons who use or possess a firearm in
18		connection with a violation of an order of protection issued
19		under the Illinois Domestic Violence Act of 1986 or Article
20		112A of the Code of Criminal Procedure of 1963 or in connection
21		with the offense of domestic battery. The program shall also
22		encourage public outreach by law enforcement agencies.
23		(c) There is created the Project Exile Fund, a special fund
24		in the State treasury. Moneys appropriated for the purposes of
25		Project Exile and moneys from any other private or public
26		source, including without limitation grants from the
27		Department of Commerce and Economic Opportunity Community
28		Affairs, shall be deposited into the Fund. Moneys in the Fund,
29		subject to appropriation, may be used by the Department of
30		State Police to develop and administer the Project Exile pilot
31		program.
32		(d) The Department shall report to the General Assembly by
33		March 1, 2003 regarding the implementation and effects of the
34		Project Exile pilot program and shall by that date make
35		recommendations to the General Assembly for changes in the

1		program that the Department deems appropriate.
2		The requirement for reporting to the General Assembly shall
3		be satisfied by filing copies of the report with the Speaker,
4		the Minority Leader, and the Clerk of the House of
5		Representatives, with the President, the Minority Leader, and
6		the Secretary of the Senate, and with the Legislative Research
7		Unit, as required by Section 3.1 of the General Assembly
8		Organization Act, and filing such additional copies with the
9		State Government Report Distribution Center for the General
10		Assembly as is required under paragraph (t) of Section 7 of the
11		State Library Act.
12		(Source: P.A. 92-332, eff. 8-10-01; 92-342, eff. 8-10-01;
13		92-651, eff. 7-11-02; revised 12-6-03.)

14		Section 265. The Department of Transportation Law of the
15		Civil Administrative Code of Illinois is amended by changing
16		Sections 2705-255, 2705-285, 2705-405, and 2705-435 as
17		follows:
18		(20 ILCS 2705/2705-255) (was 20 ILCS 2705/49.14)
19		Sec. 2705-255. Appropriations from Build Illinois Bond
20		Fund and Build Illinois Purposes Fund. Any expenditure of funds
21		by the Department for interchanges, for access roads to and
22		from any State or local highway in Illinois, or for other
23		transportation capital improvements related to an economic
24		development project pursuant to appropriations to the
25		Department from the Build Illinois Bond Fund and the Build
26		Illinois Purposes Fund shall be used for funding improvements
27		related to existing or planned scientific, research,
28		manufacturing, or industrial development or expansion in
29		Illinois. In addition, the Department may use those funds to
30		encourage and maximize public and private participation in
31		those improvements. The Department shall consult with the
32		Department of Commerce and Economic Opportunity Community
33		Affairs prior to expending any funds for those purposes
34		pursuant to appropriations from the Build Illinois Bond Fund

1		and the Build Illinois Purposes Fund.
2		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
3		(20 ILCS 2705/2705-285) (was 20 ILCS 2705/49.06b)
4		Sec. 2705-285. Ports and waterways. The Department has the
5		power to undertake port and waterway development planning and
6		studies of port and waterway development problems and to
7		provide technical assistance to port districts and units of
8		local government in connection with port and waterway
9		development activities. The Department may provide financial
10		assistance for the ordinary and contingent expenses of port
11		districts upon the terms and conditions that the Department
12		finds necessary to aid in the development of those districts.
13		The Department shall coordinate all its activities under
14		this Section with the Department of Commerce and Economic
15		Opportunity Community Affairs.
16		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
17		(20 ILCS 2705/2705-405) (was 20 ILCS 2705/49.25b)
18		Sec. 2705-405. Preparation of State Rail Plan. In
19		preparation of the State Rail Plan under Section 2705-400, the
20		Department shall consult with recognized railroad labor
21		organizations, the Department of Commerce and Economic
22		Opportunity Community Affairs, railroad management, affected
23		units of local government, affected State agencies, and
24		affected shipping interests.
25		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)
26		(20 ILCS 2705/2705-435) (was 20 ILCS 2705/49.25g-1)
27		Sec. 2705-435. Loans, grants, or contracts to
28		rehabilitate, improve, or construct rail facilities; State
29		Rail Freight Loan Repayment Fund. In addition to the powers
30		under Section 105-430, the Department shall have the power to
31		enter into agreements to loan or grant State funds to any
32		railroad, unit of local government, rail user, or owner or
33		lessee of a railroad right of way to rehabilitate, improve, or

1		construct rail facilities.
2		For each project proposed for funding under this Section
3		the Department shall, to the extent possible, give preference
4		to cost effective projects that facilitate continuation of
5		existing rail freight service. In the exercise of its powers
6		under this Section, the Department shall coordinate its program
7		with the industrial retention and attraction programs of the
8		Department of Commerce and Economic Opportunity Community
9		Affairs. No funds provided under this Section shall be expended
10		for the acquisition of a right of way or rolling stock or for
11		operating subsidies. The costs of a project funded under this
12		Section shall be apportioned in accordance with the agreement
13		of the parties for the project. Projects are eligible for a
14		loan or grant under this Section only when the Department
15		determines that the transportation, economic, and public
16		benefits associated with a project are greater than the capital
17		costs of that project incurred by all parties to the agreement
18		and that the project would not have occurred without its
19		participation. In addition, a project to be eligible for
20		assistance under this Section must be included in a State plan
21		for rail transportation and local rail service prepared by the
22		Department. The Department may also expend State funds for
23		professional engineering services to conduct feasibility
24		studies of projects proposed for funding under this Section, to
25		estimate the costs and material requirements for those
26		projects, to provide for the design of those projects,
27		including plans and specifications, and to conduct
28		investigations to ensure compliance with the project
29		agreements.
30		The Department, acting through the Department of Central
31		Management Services, shall also have the power to let contracts
32		for the purchase of railroad materials and supplies. The
33		Department shall also have the power to let contracts for the
34		rehabilitation, improvement, or construction of rail
35		facilities. Any such contract shall be let, after due public
36		advertisement, to the lowest responsible bidder or bidders,

1		upon terms and conditions to be fixed by the Department. With
2		regard to rehabilitation, improvement, or construction
3		contracts, the Department shall also require the successful
4		bidder or bidders to furnish good and sufficient bonds to
5		ensure proper and prompt completion of the work in accordance
6		with the provisions of the contracts.
7		In the case of an agreement under which State funds are
8		loaned under this Section, the agreement shall provide the
9		terms and conditions of repayment. The agreement shall provide
10		for the security that the Department shall determine to protect
11		the State's interest. The funds may be loaned with or without
12		interest. Loaned funds that are repaid to the Department shall
13		be deposited in a special fund in the State treasury to be
14		known as the State Rail Freight Loan Repayment Fund. In the
15		case of repaid funds deposited in the State Rail Freight Loan
16		Repayment Fund, the Department shall, subject to
17		appropriation, have the reuse of those funds and the interest
18		accrued thereon, which shall also be deposited by the State
19		Treasurer in the Fund, as the State share in other eligible
20		projects under this Section. However, no expenditures from the
21		State Rail Freight Loan Repayment Fund for those projects shall
22		at any time exceed the total sum of funds repaid and deposited
23		in the State Rail Freight Loan Repayment Fund and interest
24		earned by investment by the State Treasurer which the State
25		Treasurer shall have deposited in that Fund.
26		For the purposes of promoting efficient rail freight
27		service, the Department may also provide technical assistance
28		to railroads, units of local government or rail users, or
29		owners or lessees of railroad rights-of-way.
30		The Department shall take whatever actions are necessary or
31		appropriate to protect the State's interest in the event of
32		bankruptcy, default, foreclosure, or noncompliance with the
33		terms and conditions of financial assistance or participation
34		provided hereunder, including the power to sell, dispose,
35		lease, or rent, upon terms and conditions determined by the
36		Secretary to be appropriate, real or personal property that the

1		Department may receive as a result thereof.
2		The Department is authorized to make reasonable rules and
3		regulations consistent with law necessary to carry out the
4		provisions of this Section.
5		(Source: P.A. 91-239, eff. 1-1-00; revised 12-6-03.)

6		Section 270. The Illinois Capital Budget Act is amended by
7		changing Sections 1, 4, and 6 as follows:
8		(20 ILCS 3010/1) (from Ch. 127, par. 3101)
9		Sec. 1. The Governor's Office of Management and Budget
10		Bureau of the Budget shall coordinate the preparation of
11		annually updated 5 year capital improvement programs and yearly
12		capital budgets based on those programs, in cooperation with
13		all State agencies requesting a capital appropriation.
14		(Source: P.A. 84-838; revised 8-23-03.)
15		(20 ILCS 3010/4) (from Ch. 127, par. 3104)
16		Sec. 4. (a) The Governor's Office of Management and Budget
17		Bureau of the Budget shall be responsible for integrating the
18		long range program plans of State agencies which request
19		capital appropriations into capital plans. The Capital
20		Development Board shall be responsible for developing needs
21		based physical plant plans and technical review and survey of
22		facilities. The Governor's Office of Management and Budget
23		Bureau of the Budget shall also be responsible for providing
24		funding and expenditure projections.
25		(b) The Capital Development Board shall be responsible for
26		development and maintenance of a facility inventory of each
27		State agency which requests a capital appropriation.
28		(c) Recommendations for capital funding shall be included
29		in the annual budget based on the capital improvement project.
30		(d) The capital improvement program shall be submitted to
31		the General Assembly by the Governor as part of the annual
32		State budget.
33		(Source: P.A. 84-838; revised 8-23-03.)

1		(20 ILCS 3010/6) (from Ch. 127, par. 3106)
2		Sec. 6. The Governor's Office of Management and Budget
3		Bureau of the Budget shall prepare and submit an assessment of
4		the State's capital project needs to the following: the Speaker
5		and Minority Leader of the House of Representatives, the
6		President and Minority Leader of the Senate and the Illinois
7		Economic and Fiscal Commission. The assessment shall be
8		included in the Governor's annual State budget and shall
9		discuss the State's needs in the next fiscal year and in the
10		next 5 fiscal years.
11		(Source: P.A. 86-192; revised 8-23-03.)

12		Section 275. The Capital Development Board Act is amended
13		by changing Sections 10.04 and 10.09-5 as follows:
14		(20 ILCS 3105/10.04) (from Ch. 127, par. 780.04)
15		Sec. 10.04. To construct and repair, or contract for and
16		supervise the construction and repair of, buildings under the
17		control of or for the use of any State agency, as authorized by
18		the General Assembly. To the maximum extent feasible, any
19		construction or repair work shall utilize the best available
20		technologies for minimizing building energy costs as
21		determined through consultation with the Department of
22		Commerce and Economic Opportunity Community Affairs.
23		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
24		(20 ILCS 3105/10.09-5)
25		Sec. 10.09-5. Standards for an energy code. To adopt rules,
26		by January 1, 2004, implementing a statewide energy code for
27		the construction or repair of State facilities described in
28		Section 4.01. The energy code adopted by the Board shall
29		incorporate standards promulgated by the American Society of
30		Heating, Refrigerating and Air-conditioning Engineers, Inc.,
31		(ASHRAE). In proposing rules, the Board shall consult with the
32		Department of Commerce and Economic Opportunity Community

1		Affairs.
2		(Source: P.A. 93-190, eff. 7-14-03; revised 12-6-03.)

3		Section 280. The Historic Preservation Agency Act is
4		amended by changing Section 20 as follows:
5		(20 ILCS 3405/20)
6		Sec. 20. Freedom Trail Commission.
7		(a) Creation. The Freedom Trail Commission is created
8		within the Agency. The budgeting, procurement, and related
9		functions of the commission and administrative
10		responsibilities for the staff of the commission shall be
11		performed under the direction and supervision of the Agency.
12		(b) Membership. The commission shall consist of 16 members,
13		appointed as soon as possible after the effective date of this
14		amendatory Act of the 93rd General Assembly. The members shall
15		be appointed as follows:
16		(1) one member appointed by the President of the
17		Senate;
18		(2) one member appointed by the Senate Minority Leader;
19		(3) one member appointed by the Speaker of the House;
20		(4) one member appointed by the House Minority Leader;
21		(5) 9 members appointed by the Governor as follows:
22		(i) 3 members from the academic community who are
23		knowledgeable concerning African-American history;
24		(ii) one public member who is actively involved in
25		civil rights issues; (iii) one public member who is
26		knowledgeable in the field of historic preservation;
27		(iv) one public member who represents local
28		communities in which the underground railroad had a
29		significant presence; and (v) 3 members at large, one
30		of whom shall be a representative of the DuSable Museum
31		and one of whom shall be a representative of the
32		Chicago Historical Society;
33		(6) the Director of Commerce and Economic Opportunity
34		Community Affairs, ex officio, or a designee of the

1		Director;
2		(7) the State Librarian, ex officio, or a designee of
3		the State Library; and
4		(8) the Director of the Historic Preservation Agency,
5		ex officio, or a designee of that Agency.
6		Appointed members shall serve at the pleasure of the
7		appointing authority.
8		(c) Election of chairperson; meetings. At its first
9		meeting, the commission shall elect from among its members a
10		chairperson and other officers it considers necessary or
11		appropriate. After its first meeting, the commission shall meet
12		at least quarterly, or more frequently at the call of the
13		chairperson or if requested by 7 or more members.
14		(d) Quorum. A majority of the members of the commission
15		constitute a quorum for the transaction of business at a
16		meeting of the commission. A majority of the members present
17		and serving is required for official action of the commission.
18		(e) Public meeting. The business that the commission may
19		perform shall be conducted at a public meeting of the
20		commission held in compliance with the Open Meetings Act.
21		(f) Freedom of information. A writing prepared, owned,
22		used, in the possession of, or retained by the commission in
23		the performance of an official function is subject to the
24		Freedom of Information Act.
25		(g) Compensation. Members of the commission shall serve
26		without compensation. However, members of the commission may be
27		reimbursed for their actual and necessary expenses incurred in
28		the performance of their official duties as members of the
29		commission.
30		(h) Duties. The commission shall do the following:
31		(1) Prepare a master plan to promote and preserve the
32		history of the freedom trail and underground railroad in
33		the State.
34		(2) Work in conjunction with State and federal
35		authorities to sponsor commemorations, linkages, seminars,
36		and public forums on the freedom trail and underground

1		railroad in the State and in neighboring states.
2		(3) Assist in and promote the making of applications
3		for inclusion in the national and State registers of
4		historic places for significant historic places related to
5		the freedom trail and the underground railroad in the
6		State.
7		(4) Assist in developing and develop partnerships to
8		seek public and private funds to carry out activities to
9		protect, preserve, and promote the legacy of the freedom
10		trail and the underground railroad in the State.
11		(5) Work with the Illinois State Board of Education to
12		evaluate, conduct research concerning, and develop a
13		curriculum for use in Illinois public schools regarding the
14		underground railroad, with emphasis on the activities of
15		the underground railroad within the State.
16		(i) Report. The commission shall report its activities and
17		findings to the General Assembly by February 1, 2004.
18		(Source: P.A. 93-487, eff. 8-8-03; revised 12-6-03.)

19		Section 285. The Small Business Surety Bond Guaranty Act is
20		amended by changing Section 5 as follows:
21		(20 ILCS 3520/5)
22		Sec. 5. Definitions.
23		"Contract term" means the term of the private sector,
24		government, or utility contract, including a maintenance or
25		warranty period of up to 2 years from the date on which final
26		payment under the contract is due.
27		"Department" means the Illinois Department of Commerce and
28		Economic Opportunity Community Affairs.
29		"Fund" means the Small Business Surety Bond Guaranty Fund.
30		"Principal" means (i) in the case of a bid bond, a person
31		bidding for the award of a contract, or (ii) the person
32		primarily liable to complete a contract for the obligee, or to
33		make payments to other persons in respect of the contract, and
34		for whose performance of his obligation the surety is bound

1		under the terms of a payment or performance bond. A principal
2		may be a prime contractor or a subcontractor.
3		"Program" means the Small Business Surety Bond Guaranty
4		Program created by this Act.
5		(Source: P.A. 88-407; 88-665, eff. 9-16-94; revised 12-6-03.)

6		Section 290. The Illinois Investment and Development
7		Authority Act is amended by changing Section 15 as follows:
8		(20 ILCS 3820/15)
9		Sec. 15. Creation of Illinois Investment and Development
10		Authority; members.
11		(a) There is created a political subdivision, body politic
12		and corporate, to be known as the Illinois Investment and
13		Development Authority. The exercise by the Authority of the
14		powers conferred by law shall be an essential public function.
15		The governing powers of the Authority shall be vested in a body
16		consisting of 11 members, including, as ex officio members, the
17		Commissioner of Banks and Real Estate and the Director of
18		Commerce and Economic Opportunity Community Affairs or their
19		designees. The other 9 members of the Authority shall be
20		appointed by the Governor, with the advice and consent of the
21		Senate, and shall be designated "public members". The public
22		members shall include representatives from banks and other
23		private financial services industries, community development
24		finance experts, small business development experts, and other
25		community leaders. Not more than 6 members of the Authority may
26		be of the same political party. The Chairperson of the
27		Authority shall be designated by the Governor from among its
28		public members.
29		(b) Six members of the Authority shall constitute a quorum.
30		However, when a quorum of members of the Authority is
31		physically present at the meeting site, other Authority members
32		may participate in and act at any meeting through the use of a
33		conference telephone or other communications equipment by
34		means of which all persons participating in the meeting can

1		hear each other. Participation in such meeting shall constitute
2		attendance and presence in person at the meeting of the person
3		or persons so participating. All official acts of the Authority
4		shall require the approval of at least 5 members.
5		(c) Of the members initially appointed by the Governor
6		pursuant to this Act, 3 shall serve until the third Monday in
7		January, 2004, 3 shall serve until the third Monday in January,
8		2005, and 3 shall serve until the third Monday in January, 2006
9		and all shall serve until their successors are appointed and
10		qualified. All successors shall hold office for a term of 3
11		years commencing on the third Monday in January of the year in
12		which their term commences, except in case of an appointment to
13		fill a vacancy. Each member appointed under this Section who is
14		confirmed by the Senate shall hold office during the specified
15		term and until his or her successor is appointed and qualified.
16		In case of vacancy in the office when the Senate is not in
17		session, the Governor may make a temporary appointment until
18		the next meeting of the Senate, when the Governor shall
19		nominate such person to fill the office, and any person so
20		nominated who is confirmed by the Senate, shall hold his or her
21		office during the remainder of the term and until his or her
22		successor is appointed and qualified.
23		(d) Members of the Authority shall not be entitled to
24		compensation for their services as members, but shall be
25		entitled to reimbursement for all necessary expenses incurred
26		in connection with the performance of their duties as members.
27		(e) The Governor may remove any public member of the
28		Authority in case of incompetency, neglect of duty, or
29		malfeasance in office, after service on the member of a copy of
30		the written charges against him or her and an opportunity to be
31		publicly heard in person or by counsel in his or her own
32		defense upon not less than 10 days notice.
33		(Source: P.A. 92-864, eff. 6-1-03; revised 12-6-03.)

34		Section 295. The Illinois Building Commission Act is
35		amended by changing Section 35 as follows:

1		(20 ILCS 3918/35)
2		Sec. 35. Administration and enforcement of State building
3		requirements. The Commission shall also suggest a long-term
4		plan to improve administration and enforcement of State
5		building requirements statewide. The plan shall include (i)
6		recommendations for ways the Department of Commerce and
7		Economic Opportunity Community Affairs could create a
8		consolidated clearinghouse on all information concerning
9		existing State building requirements, (ii) recommendations for
10		a consistent format for State building requirements, (iii)
11		recommendations for a system or procedure for updating existing
12		State building requirements that shall include a procedure for
13		input from the public, (iv) recommendations for a system or
14		procedure for the review, approval, and appeal of building
15		plans, and (v) recommendations for a system or procedure to
16		enforce the State building requirements. The Commission shall
17		submit its suggestions for creating the consolidated
18		clearinghouse to the Department of Commerce and Economic
19		Opportunity Community Affairs as soon as practical after the
20		effective date of this Act.
21		(Source: P.A. 90-269, eff. 1-1-98; revised 12-6-03.)

22		Section 300. The Government Buildings Energy Cost
23		Reduction Act of 1991 is amended by changing Sections 10 and 15
24		as follows:
25		(20 ILCS 3953/10) (from Ch. 96 1/2, par. 9810)
26		Sec. 10. Definitions. "Energy conservation project" and
27		"project designed to reduce energy consumption and costs" mean
28		any improvement, repair, alteration or betterment of any
29		building or facility or any equipment, fixture or furnishing to
30		be added to or used in any building or facility that the
31		Director of Commerce and Economic Opportunity Community
32		Affairs has determined will be a cost effective energy related
33		project that will lower energy or utility costs in connection

1		with the operation or maintenance of such building or facility,
2		and will achieve energy cost savings sufficient to cover bond
3		debt service and other project costs within 7 years from the
4		date of project installation.
5		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
6		(20 ILCS 3953/15) (from Ch. 96 1/2, par. 9815)
7		Sec. 15. Creation. There is created within State government
8		the Interagency Energy Conservation Committee, hereinafter
9		referred to as the Committee. The Committee shall be composed
10		of the Secretary of Human Services and the Directors of the
11		Department of Commerce and Economic Opportunity Community
12		Affairs, the Department of Central Management Services, the
13		Department of Corrections, the Illinois Board of Higher
14		Education, and the Capital Development Board, or their
15		designees. The Director of the Department of Commerce and
16		Economic Opportunity Community Affairs shall serve as
17		Committee chairman, and the Committee's necessary staff and
18		resources shall be drawn from the Department of Commerce and
19		Economic Opportunity Community Affairs.
20		(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97; revised
21		12-6-03.)

22		Section 305. The Illinois Economic Development Board Act is
23		amended by changing Sections 2, 3, and 4.5 as follows:
24		(20 ILCS 3965/2) (from Ch. 127, par. 3952)
25		Sec. 2. The Illinois Economic Development Board, referred
26		to in this Act as the board, is hereby created within the
27		Department of Commerce and Economic Opportunity Community
28		Affairs. The board is charged with the responsibility of
29		assisting the Department with creating a long-term economic
30		development strategy for the State, designed to spur economic
31		growth, enhance opportunities for core Illinois industries,
32		encourage new job creation and investment, that is consistent
33		with the preservation of the State's quality of life and

1		environment.
2		(Source: P.A. 86-1430; revised 12-6-03.)
3		(20 ILCS 3965/3) (from Ch. 127, par. 3953)
4		Sec. 3. The board shall be composed of citizens from both
5		the private and public sectors who are actively engaged in
6		organizations and businesses that support economic expansion,
7		industry enhancement and job creation. The board shall be
8		composed of the following persons:
9		(a) the Governor or his or her designee;
10		(b) four members of the General Assembly, one each
11		appointed by the President of the Senate, the Speaker of
12		the House of Representatives, and the minority leaders of
13		the Senate and House of Representatives;
14		(c) 20 members appointed by the Governor including
15		representatives of small business, minority owned
16		companies, women owned companies, manufacturing, economic
17		development professionals, and citizens at large.
18		(d) (blank);
19		(e) (blank);
20		(f) (blank);
21		(g) (blank);
22		(h) (blank);
23		(i) (blank);
24		(j) (blank);
25		(k) (blank);
26		(l) (blank);
27		(m) (blank).
28		The Director of the Department of Commerce and Economic
29		Opportunity Community Affairs shall serve as an ex officio
30		member of the board.
31		The Governor shall appoint the members of the board
32		specified in subsections (c) through (m) of this Section,
33		subject to the advice and consent of the Senate, within 30 days
34		after the effective date of this Act. The first meeting of the
35		board shall occur within 60 days after the effective date of

1		this Act.
2		The Governor shall appoint a chairperson and a vice
3		chairperson of the board. Members shall serve 2-year terms. The
4		position of a legislative member shall become vacant if the
5		member ceases to be a member of the General Assembly. A vacancy
6		in a board position shall be filled by the original appointing
7		authority.
8		The board shall include representation from each of the
9		State's geographic areas.
10		The board shall meet quarterly or at the call of the chair
11		and shall create subcommittees as needed to deal with specific
12		issues and concerns. Members shall serve without compensation
13		but may be reimbursed for expenses.
14		(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)
15		(20 ILCS 3965/4.5)
16		Sec. 4.5. Additional duties. In addition to those duties
17		granted under Section 4, the Illinois Economic Development
18		Board shall:
19		(1) Establish a Business Investment Location
20		Development Committee for the purpose of making
21		recommendations for designated economic development
22		projects. At the request of the Board, the Director of
23		Commerce and Economic Opportunity Community Affairs or his
24		or her designee; the Director of the Governor's Office of
25		Management and Budget Bureau of the Budget, or his or her
26		designee; the Director of Revenue, or his or her designee;
27		the Director of Employment Security, or his or her
28		designee; and an elected official of the affected locality,
29		such as the chair of the county board or the mayor, may
30		serve as members of the Committee to assist with its
31		analysis and deliberations.
32		(2) Establish a Business Regulatory Review Committee
33		to generate private sector analysis, input, and guidance on
34		methods of regulatory assistance and review. At the
35		determination of the Board, individual small business

1		owners and operators; national, State, and regional
2		organizations representative of small firms; and
3		representatives of existing State or regional councils of
4		business may be designated as members of this Business
5		Regulatory Review Committee.
6		(Source: P.A. 91-476, eff. 8-11-99; revised 8-23-03.)

7		Section 310. The Illinois Business Regulatory Review Act is
8		amended by changing Sections 15-30 and 15-35 as follows:
9		(20 ILCS 3966/15-30)
10		Sec. 15-30. Advisory responsibilities of the Business
11		Regulatory Review Committee. At the direction and request of
12		the Board, the Committee shall provide the following advisory
13		assistance:
14		(1) To advise the Office of the Governor regarding
15		agency rulemaking and to offer recommendations that
16		improve the State rulemaking process, which may include
17		alternative standards that might be set for enforcement by
18		regulatory agencies.
19		(2) To advise the General Assembly about whether the
20		State should adopt small business regulatory enforcement
21		fairness legislation modeled after the equivalent federal
22		legislation and regarding how Illinois laws compare with
23		those of other states and how Illinois might implement
24		reforms adopting the better or best practices of these
25		other states.
26		(3) To advise the Department of Commerce and Economic
27		Opportunity Community Affairs with the operations of the
28		First Stop, small business regulatory review, and similar
29		department programs.
30		(4) To advise relevant State agencies on the
31		formulation of federally required State rules.
32		(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)
33		(20 ILCS 3966/15-35)

1		Sec. 15-35. Support for Committee. The Committee shall be
2		provided staff support services by the Department of Commerce
3		and Economic Opportunity Community Affairs, the Office of the
4		Governor, and various regulatory agencies. Members of the
5		Committee shall serve without compensation, but may be
6		reimbursed for expenses.
7		(Source: P.A. 91-476, eff. 8-11-99; revised 12-6-03.)

8		Section 315. The Illinois River Watershed Restoration Act
9		is amended by changing Section 15 as follows:
10		(20 ILCS 3967/15)
11		Sec. 15. Illinois River Coordinating Council.
12		(a) There is established the Illinois River Coordinating
13		Council, consisting of 13 voting members to be appointed by the
14		Governor. One member shall be the Lieutenant Governor who shall
15		serve as a voting member and as chairperson of the Council. The
16		Agency members of the Council shall include the Director, or
17		his or her designee, of each of the following agencies: the
18		Department of Agriculture, the Department of Commerce and
19		Economic Opportunity Community Affairs, the Illinois
20		Environmental Protection Agency, the Department of Natural
21		Resources, and the Department of Transportation. In addition,
22		the Council shall include one member representing Soil and
23		Water Conservation Districts located within the Watershed of
24		the Illinois River and its tributaries and 6 members
25		representing local communities, not-for-profit organizations
26		working to protect the Illinois River Watershed, business,
27		agriculture, recreation, conservation, and the environment.
28		The Governor may, at his or her discretion, appoint individuals
29		representing federal agencies to serve as ex officio,
30		non-voting members.
31		(b) Members of the Council shall serve 2-year terms, except
32		that of the initial appointments, 5 members shall be appointed
33		to serve 3-year terms and 4 members to serve one-year terms.
34		(c) The Council shall meet at least quarterly.

1		(d) The Office of the Lieutenant Governor shall be
2		responsible for the operations of the Council. The Office may
3		reimburse members of the Council for ordinary and contingent
4		expenses incurred in the performance of Council duties.
5		(e) This Section is subject to the provisions of Section
6		405-500 of the Department of Central Management Services Law
7		(20 ILCS 405/405-500).
8		(Source: P.A. 90-120, eff. 7-16-97; 90-609, eff. 6-30-98;
9		91-239, eff. 1-1-00; revised 12-6-03.)

10		Section 320. The Interagency Coordinating Committee on
11		Transportation Act is amended by changing Section 15 as
12		follows:
13		(20 ILCS 3968/15)
14		Sec. 15. Committee. The Illinois Coordinating Committee on
15		Transportation is created and shall consist of the following
16		members:
17		(1) The Governor or his or her designee.
18		(2) The Secretary of Transportation or his or her designee.
19		(3) The Secretary of Human Services or his or her designee.
20		(4) The Director of Aging or his or her designee.
21		(5) The Director of Public Aid or his or her designee.
22		(6) The Director of Commerce and Economic Opportunity
23		Community Affairs or his or her designee.
24		(7) A representative of the Illinois Rural Transit
25		Assistance Center.
26		(8) A person who is a member of a recognized statewide
27		organization representing older residents of Illinois.
28		(9) A representative of centers for independent living.
29		(10) A representative of the Illinois Public
30		Transportation Association.
31		(11) A representative of an existing transportation system
32		that coordinates and provides transit services in a
33		multi-county area for the Department of Transportation,
34		Department of Human Services, Department of Commerce and

1		Economic Opportunity Community Affairs, or Department on
2		Aging.
3		(12) A representative of a statewide organization of
4		rehabilitation facilities or other providers of services for
5		persons with one or more disabilities.
6		(13) A representative of a community-based organization.
7		(14) A representative of the Department of Public Health.
8		(15) A representative of the Rural Partners.
9		(16) The Director of Employment Security or his or her
10		designee.
11		(17) A representative of a statewide business association.
12		(18) A representative of the Illinois Council on
13		Developmental Disabilities.
14		The Governor shall appoint the members of the Committee
15		other than those named in paragraphs (1) through (6) and
16		paragraph (16) of this Section. The Governor or his or her
17		designee shall serve as chairperson of the Committee and shall
18		convene the meetings of the Committee. The Secretary of
19		Transportation and a representative of a community-based
20		organization involved in transportation or their designees,
21		shall serve as co-vice-chairpersons and shall be responsible
22		for staff support for the committee.
23		(Source: P.A. 93-185, eff. 7-11-03; revised 12-6-03.)

24		Section 325. The Interagency Coordinating Council Act is
25		amended by changing Section 2 as follows:
26		(20 ILCS 3970/2) (from Ch. 127, par. 3832)
27		Sec. 2. Interagency Coordinating Council. There is hereby
28		created an Interagency Coordinating Council which shall be
29		composed of the Directors, or their designees, of the Illinois
30		Department of Children and Family Services, Illinois
31		Department of Commerce and Economic Opportunity Community
32		Affairs, Illinois Department of Corrections, Illinois
33		Department of Employment Security, and Illinois Department of
34		Public Aid; the Secretary of Human Services or his or her

1		designee; the Executive Director, or a designee, of the
2		Illinois Community College Board, the Board of Higher
3		Education, and the Illinois Planning Council on Developmental
4		Disabilities; the State Superintendent of Education, or a
5		designee; and a designee representing the University of
6		Illinois - Division of Specialized Care for Children. The
7		Secretary of Human Services (or the member who is the designee
8		for the Secretary of Human Services) and the State
9		Superintendent of Education (or the member who is the designee
10		for the State Superintendent of Education) shall be co-chairs
11		of the Council. The co-chairs shall be responsible for ensuring
12		that the functions described in Section 3 of this Act are
13		carried out.
14		(Source: P.A. 92-452, eff. 8-21-01; revised 12-6-03.)

15		Section 330. The Illinois Manufacturing Technology
16		Alliance Act is amended by changing Sections 4 and 15 as
17		follows:
18		(20 ILCS 3990/4) (from Ch. 48, par. 2604)
19		Sec. 4. Board of Directors.
20		(a) The Illinois Manufacturing Technology Alliance shall
21		be governed and operated by a Board of Directors consisting of
22		11 members: 5 public members who shall be representative of
23		industries to be served by the Alliance; 2 public members who
24		shall be researchers in manufacturing technologies; and 4 ex
25		officio members who shall be the Director of the Department of
26		Commerce and Economic Opportunity Community Affairs, the Chief
27		Executive Officer of the Prairie State 2000 Authority, the
28		Executive Director of the Board of Higher Education and the
29		Executive Director of the Illinois Community College Board. An
30		ex officio member may designate a representative to serve as a
31		substitute when such member is unable to attend a meeting of
32		the Board.
33		(b) The Governor, by and with the advice and consent of the
34		Senate, shall appoint the 5 public members who are

1		representative of industries to be served by the Alliance and
2		the 2 public members who are researchers in manufacturing
3		technologies. To the extent possible, 4 members of the 5 public
4		members who are representatives of industries to be served by
5		the Alliance shall be members of trade associations that are
6		Alliance Partners.
7		A vacancy in the position of Board member shall occur upon
8		resignation, death, conviction of a felony, or removal from
9		office of a Director. The Governor may remove any public member
10		from office on a formal finding of incompetence, neglect of
11		duty or malfeasance in office. Within 30 days after the office
12		of any appointed member becomes vacant for any reason, the
13		Governor shall fill the vacancy for the unexpired term in the
14		same manner as that in which appointments are made. If the
15		Senate is not in session when the first appointments are made
16		or when the Governor fills a vacancy, the Governor shall make
17		temporary appointments until the next meeting of the Senate,
18		when he shall nominate persons to be confirmed by the Senate.
19		(c) No more than 4 public members shall be of the same
20		political party.
21		(d) Of those public members initially appointed to the
22		Board, 4 Directors, no more than 2 of the same political party,
23		shall be appointed to serve until July 1, 1993, and 3
24		Directors, not more than 2 of the same political party, shall
25		be appointed to serve until July 1, 1991. Thereafter, each
26		public member shall be appointed for a 4 year term, or until
27		his successor is appointed and qualified. The terms of the
28		public members initially appointed shall commence upon the
29		appointment of all 7 public members.
30		(e) No public member may serve as a Director for an
31		aggregate of more than 10 years.
32		(Source: P.A. 86-1015; revised 12-6-03.)
33		(20 ILCS 3990/15) (from Ch. 48, par. 2615)
34		Sec. 15. Relationship with other Agencies. The Alliance
35		shall cooperate with the Department of Commerce and Economic

1		Opportunity Community Affairs, the Board of Higher Education,
2		the Illinois Community College Board, the Prairie State 2000
3		Authority and any other agency or authority of the State on any
4		project or program that improves the competitiveness of small
5		and medium size Illinois manufacturers. The policies and
6		programs of the Alliance shall be consistent with economic
7		development policies of this State.
8		(Source: P.A. 86-1015; revised 12-6-03.)

9		Section 335. The Illinois Council on Developmental
10		Disabilities Law is amended by changing Sections 2004 and
11		2004.5 as follows:
12		(20 ILCS 4010/2004) (from Ch. 91 1/2, par. 1954)
13		Sec. 2004. Council membership.
14		(a) The council shall be composed of 38 voting members, 27
15		of whom shall be appointed by the Governor from residents of
16		the State so as to ensure that the membership reasonably
17		represents consumers of services to persons with developmental
18		disabilities.
19		(b) Eleven voting members shall be the Directors of Public
20		Aid, Public Health, Aging, Children and Family Services, the
21		Guardianship and Advocacy Commission, the State protection and
22		advocacy agency, the State Board of Education, the Division of
23		Specialized Care for Children of the University of Illinois,
24		and the State University Affiliated Program, or their
25		designees, plus the Secretary of Human Services (or his or her
26		designee) and one additional representative of the Department
27		of Human Services designated by the Secretary.
28		(c) Nineteen voting members shall be persons with
29		developmental disabilities, parents or guardians of such
30		persons, or immediate relatives or guardians of persons with
31		mentally impairing developmental disabilities. None of these
32		members shall be employees of a State agency which receives
33		funds or provides services under the federal Developmental
34		Disabilities Assistance and Bill of Rights Act Amendments of

1		1987, managing employees of any other entity which services
2		funds or provides services under the federal Developmental
3		Disabilities Assistance and Bill of Rights Act Amendments of
4		1987, or persons with an ownership or control interest in such
5		an entity. Of these members:
6		(1) At least 6 shall be persons with developmental
7		disabilities and at least 6 shall be immediate relatives or
8		guardians of persons with mentally impairing developmental
9		disabilities; and
10		(2) One member shall be an immediate relative or
11		guardian of an institutionalized or previously
12		institutionalized person with a developmental disability.
13		(d) Eight voting members shall be representatives of local
14		agencies, nongovernmental agencies and groups concerned with
15		services to persons with developmental disabilities.
16		(e) The Governor shall consider nominations made by
17		advocacy and community-based organizations.
18		(f) Of the initial members appointed by the Governor, 8
19		shall be appointed for terms of one year, 9 shall be appointed
20		for terms of 2 years, and 9 shall be appointed for terms of 3
21		years. Thereafter, all members shall be appointed for terms of
22		3 years. No member shall serve more than 2 successive terms.
23		(g) Individual terms of office shall be chosen by lot at
24		the initial meeting of the council.
25		(h) Vacancies in the membership shall be filled in the same
26		manner as initial appointments. Appointments to fill vacancies
27		occurring before the expiration of a term shall be for the
28		remainder of the unexpired term.
29		(i) Members shall not receive compensation for their
30		services, but shall be reimbursed for their actual expenses
31		plus up to $50 a day for any loss of wages incurred in the
32		performance of their duties.
33		(j) Total membership consists of the number of voting
34		members, as defined in this Section, excluding any vacant
35		positions. A quorum shall consist of a simple majority of total
36		membership and shall be sufficient to constitute the

1		transaction of business of the council unless stipulated
2		otherwise in the bylaws of the council.
3		(k) The council shall meet at least quarterly.
4		(l) The Director of the Governor's Office of Management and
5		Budget Bureau of the Budget, or his or her designee, shall
6		serve as a nonvoting member of the council.
7		(Source: P.A. 89-507, eff. 7-1-97; revised 8-23-03.)
8		(20 ILCS 4010/2004.5)
9		Sec. 2004.5. Council membership. The General Assembly
10		intends that the reduction in the membership of the Council
11		shall occur through attrition between the effective date of
12		this amendatory Act of the 91st General Assembly and January 1,
13		2001. In the event that the terms of 10 voting members have not
14		expired by January 1, 2001, members of the Council serving on
15		that date shall continue to serve until their terms expire.
16		(a) The membership of the Council must reasonably represent
17		the diversity of this State. Not less than 60% of the Council's
18		membership must be individuals with developmental
19		disabilities, parents or guardians of children with
20		developmental disabilities, or immediate relatives or
21		guardians of adults with developmental disabilities who cannot
22		advocate for themselves.
23		The Council must also include representatives of State
24		agencies that administer moneys under federal laws that relate
25		to individuals with developmental disabilities; the State
26		University Center for Excellence in Developmental Disabilities
27		Education, Research, and Service; the State protection and
28		advocacy system; and representatives of local and
29		non-governmental agencies and private non-profit groups
30		concerned with services for individuals with developmental
31		disabilities. The members described in this paragraph must have
32		sufficient authority to engage in policy-making, planning, and
33		implementation on behalf of the department, agency, or program
34		that they represent. Those members may not take part in any
35		discussion of grants or contracts for which their departments,

1		agencies, or programs are grantees, contractors, or applicants
2		and must comply with any other relevant conflict of interest
3		provisions in the Council's policies or bylaws.
4		(b) Seventeen voting members, appointed by the Governor,
5		must be persons with developmental disabilities, parents or
6		guardians of persons with developmental disabilities, or
7		immediate relatives or guardians of persons with
8		mentally-impairing developmental disabilities. None of these
9		members may be employees of a State agency that receives funds
10		or provides services under the federal Developmental
11		Disabilities Assistance and Bill of Rights Act of 1996 (42
12		U.S.C. 6000 et seq.), as now or hereafter amended, managing
13		employees of any other entity that receives moneys or provides
14		services under the federal Developmental Disabilities
15		Assistance and Bill of Rights Act of 1996 (42 U.S.C. 6000 et
16		seq.), as now or hereafter amended, or persons with an
17		ownership interest in or a controlling interest in such an
18		entity. Of the members appointed under this subsection (b):
19		(1) at least 6 must be persons with developmental
20		disabilities;
21		(2) at least 6 must be parents, immediate relatives, or
22		guardians of children and adults with developmental
23		disabilities, including individuals with
24		mentally-impairing developmental disabilities who cannot
25		advocate for themselves; and
26		(3) 5 members must be a combination of persons
27		described in paragraphs (1) and (2); at least one of whom
28		must be (i) an immediate relative or guardian of an
29		individual with a developmental disability who resides or
30		who previously resided in an institution or (ii) an
31		individual with a developmental disability who resides or
32		who previously resided in an institution.
33		(c) Two voting members, appointed by the Governor, must be
34		representatives of local and non-governmental agencies and
35		private non-profit groups concerned with services for
36		individuals with developmental disabilities.

1		(d) Nine voting members shall be the Director of Public
2		Aid, or his or her designee; the Director of Aging, or his or
3		her designee; the Director of Children and Family Services, or
4		his or her designee; a representative of the State Board of
5		Education; a representative of the State protection and
6		advocacy system; a representative of the State University
7		Center for Excellence in Developmental Disabilities Education,
8		Research, and Service; representatives of the Office of
9		Developmental Disabilities and the Office of Community Health
10		and Prevention of the Department of Human Services (as the
11		State's lead agency for Title V of the Social Security Act, 42
12		U.S.C. 701 et seq.) designated by the Secretary of Human
13		Services; and a representative of the State entity that
14		administers federal moneys under the federal Rehabilitation
15		Act.
16		(e) The Director of the Governor's Office of Management and
17		Budget Bureau of the Budget, or his or her designee, shall be a
18		non-voting member of the Council.
19		(f) The Governor must provide for the timely rotation of
20		members.
21		Appointments to the Council shall be for terms of 3 years.
22		Appointments to fill vacancies occurring before the expiration
23		of a term shall be for the remainder of the term. Members shall
24		serve until their successors are appointed.
25		The Council, at the discretion of the Governor, may
26		coordinate and provide recommendations for new members to the
27		Governor based upon their review of the Council's composition
28		and on input received from other organizations and individuals
29		representing persons with developmental disabilities,
30		including the non-State agency members of the Council. The
31		Council must, at least once each year, advise the Governor on
32		the Council's membership requirements and vacancies, including
33		rotation requirements.
34		No member may serve for more than 2 successive terms.
35		(g) Members may not receive compensation for their
36		services, but shall be reimbursed for their reasonable expenses

1		plus up to $50 per day for any loss of wages incurred in the
2		performance of their duties.
3		(h) The total membership of the Council consists of the
4		number of voting members, as defined in this Section, excluding
5		any vacant positions. A quorum is a simple majority of the
6		total membership and is sufficient to constitute the
7		transaction of the business of the Council unless otherwise
8		stipulated in the bylaws of the Council.
9		(i) The Council must meet at least quarterly.
10		(Source: P.A. 91-798, eff. 7-9-00; revised 8-23-03.)

11		Section 340. The Prairie State 2000 Authority Act is
12		amended by changing Sections 7 and 12 as follows:
13		(20 ILCS 4020/7) (from Ch. 48, par. 1507)
14		Sec. 7. (a) The Prairie State 2000 Authority shall be
15		governed and operated by a Board of Directors consisting of the
16		State Treasurer, the Director of the Department of Commerce and
17		Economic Opportunity Community Affairs and the Director of the
18		Department of Employment Security, or their respective
19		designees, as ex officio members, and 4 public members who
20		shall be appointed by the Governor with the advice and consent
21		of the Senate and who shall be of high moral character and
22		expert in educational or vocational training matters, employee
23		benefits, or finance. Each public member shall be appointed for
24		an initial term as provided in paragraph (b) of this Section.
25		Thereafter, each public member shall hold office for a term of
26		4 years and until his successor has been appointed and assumes
27		office. The Board shall elect a public member to be Chairman. A
28		vacancy shall occur upon resignation, death, conviction of a
29		felony, or removal from office of a Director. The Governor may
30		remove any public member from office on a formal finding of
31		incompetence, neglect of duty or malfeasance in office. Within
32		30 days after the office of any appointed member becomes vacant
33		for any reason, the Governor shall fill the vacancy for the
34		unexpired term in the same manner as that in which appointments

1		are made. If the Senate is not in session when the first
2		appointments are made or when the Governor fills a vacancy, the
3		Governor shall make temporary appointments until the next
4		meeting of the Senate, when he shall nominate persons to be
5		confirmed by the Senate. No more than 2 public members shall be
6		members of the same political party. Every public member's term
7		shall commence on July 1, except for the terms of the public
8		members initially appointed, whose terms shall commence upon
9		the appointment of all 4 public members.
10		(b) The initial terms of public members shall be as
11		follows:
12		(i) Two Directors not members of the same political party
13		shall be appointed to serve until July 1, 1987;
14		(ii) Two Directors not members of the same political party
15		shall be appointed to serve until July 1, 1985.
16		No public member may serve as a Director for an aggregate
17		of more than 8 years. A Director appointed under this paragraph
18		(b) shall serve until his successor shall have been appointed
19		and assumes office.
20		(Source: P.A. 84-1090; revised 12-6-03.)
21		(20 ILCS 4020/12) (from Ch. 48, par. 1512)
22		Sec. 12. General Powers and Duties of the Board. Except as
23		otherwise limited by this Act, the Board shall have all powers
24		necessary to meet its responsibilities and to carry out its
25		purposes, including but not limited to the following powers:
26		(a) To sue and be sued.
27		(b) To establish and maintain petty cash funds as provided
28		in Section 13.3 of "An Act in relation to State finance",
29		approved June 10, 1919, as amended.
30		(c) To make, amend and repeal bylaws, rules, regulations
31		and resolutions consistent with this Act.
32		(d) To make and execute all contracts and instruments
33		necessary or convenient to the exercise of its powers.
34		(e) To exclusively control and manage the Authority and all
35		monies donated, paid or appropriated for the relief or benefit

1		of unemployed or inappropriately skilled workers.
2		(f) To order and direct the issuance of benefit vouchers
3		provided for by this Act, signed by the Chairman and the Chief
4		Executive Officer, to persons entitled thereto in amounts to
5		which such persons are entitled under Section 14. The Board may
6		designate any of its members, or any officer or employee of the
7		Authority, to affix the signature of the Chairman and another
8		to affix the signature of the Chief Executive Officer to the
9		benefit vouchers.
10		(g) Upon determining that appropriate and sufficient
11		educational or vocational training services are being provided
12		by a participating educational or vocational training
13		institution to the bearer of a voucher, to cause prompt payment
14		of the amount stated on the face of the voucher to such
15		participating educational or vocational training institution,
16		on the condition that such amount shall not exceed the benefit
17		levels to which the bearer is entitled.
18		(h) To undertake such studies with respect to job training
19		which will assist the Authority in carrying out the purposes of
20		this Act. The Board shall prepare a report on the feasibility
21		of individual training accounts.
22		(i) To annually review the Prairie State 2000 Authority
23		Program and the provisions of this Act and to make
24		recommendations to the Governor and the General Assembly
25		regarding changes to this Act or some other Act to make
26		improvements in the Program.
27		(j) To have an audit of the accounts of the Authority made
28		annually by persons competent to perform such work and to
29		provide a copy of such audit to the Auditor General who shall
30		review such audit and make such other investigations and audits
31		as he deems necessary, on the condition that the Auditor
32		General shall each biennium conduct an audit independent of the
33		audit conducted by the persons retained by the Board. The Board
34		and the Auditor General shall report the findings revealed by
35		their audits to the Governor, the President of the Senate, the
36		Speaker of the House of Representatives and the Minority

1		Leaders of each house of the General Assembly.
2		(k) To prepare and submit a budget and request for
3		appropriations for the necessary and contingent operating
4		expenses of the Authority.
5		(l) To encourage participation in the Program by means of
6		advertising, incentives, and other marketing devices with
7		special attention to geographic areas with levels of
8		unemployment or underemployment which are substantially above
9		the statewide level of unemployment.
10		(m) To adopt, alter and use a corporate seal.
11		(n) To accept appropriations, grants and funds from the
12		federal and State governments and any agency thereof and expend
13		those monies in accordance with, and in furtherance of the
14		purposes of, this Act.
15		(o) To enter into intergovernmental agreements with other
16		governmental entities, including the Department of Employment
17		Security and the Department of Commerce and Economic
18		Opportunity Community Affairs, in order to implement and
19		execute the powers and duties set forth in this Section and all
20		other Sections of this Act.
21		(Source: P.A. 84-1090; revised 12-6-03.)

22		Section 345. The Fiscal Note Act is amended by changing
23		Sections 1 and 2 as follows:
24		(25 ILCS 50/1) (from Ch. 63, par. 42.31)
25		Sec. 1. Every bill, except those bills making a direct
26		appropriation, (1) the purpose or effect of which is (i) to
27		expend any State funds or to increase or decrease the revenues
28		of the State, either directly or indirectly, or (ii) to require
29		the expenditure of their own funds by, or to increase or
30		decrease the revenues of, units of local government, school
31		districts or community college districts, or to revise the
32		distribution of State funds among units of local government,
33		school districts, or community college districts, either
34		directly or indirectly, or (2) that amends the Mental Health

1		and Developmental Disabilities Code or the Developmental
2		Disability and Mental Disability Services Act shall have
3		prepared for it prior to second reading in the house of
4		introduction a brief explanatory statement or note which, for a
5		bill under item (1), shall include a reliable estimate of the
6		anticipated change in State, local governmental, school
7		district, or community college district expenditures or
8		revenues under its provisions and, for a bill under item (2),
9		shall include a reliable estimate of the fiscal impact of its
10		provisions upon community agencies. For purposes of this Act,
11		indirect revenues include, but are not limited to, increased
12		tax revenues or other increased revenues resulting from
13		economic development, job creation, or cost reduction. The
14		statement or note shall also include an explanation of the
15		methodology used to determine the estimated direct and indirect
16		costs or estimated impact on community agencies. Any notes for
17		bills having a fiscal impact on units of local government,
18		school districts or community college districts shall include
19		such cost estimates as may be required under the State Mandates
20		Act.
21		If a bill authorizes capital expenditures or appropriates
22		funds for capital expenditures, a statement shall be prepared
23		by the Governor's Office of Management and Budget Bureau of the
24		Budget specifying by year any principal and interest payments
25		required to finance such capital expenditures.
26		These statements or notes shall be known as "fiscal notes".
27		(Source: P.A. 92-567, eff. 1-1-03; revised 8-23-03.)
28		(25 ILCS 50/2) (from Ch. 63, par. 42.32)
29		Sec. 2. The sponsor of each bill, referred to in Section 1,
30		shall present a copy of the bill, with his request for a fiscal
31		note, to the board, commission, department, agency, or other
32		entity of the State which is to receive or expend the
33		appropriation proposed or which is responsible for collection
34		of the revenue proposed to be increased or decreased, or to be
35		levied or provided for. The sponsor of a bill that amends the

1		Mental Health and Developmental Disabilities Code or the
2		Developmental Disability and Mental Disability Services Act
3		shall present a copy of the bill, with his or her request for a
4		fiscal note, to the Department of Human Services. The fiscal
5		note shall be prepared by such board, commission, department,
6		agency, or other entity and furnished to the sponsor of the
7		bill within 5 calendar days thereafter; except that whenever,
8		because of the complexity of the measure, additional time is
9		required for preparation of the fiscal note, the board,
10		commission, department, agency, or other entity may so inform
11		the sponsor of the bill and he may approve an extension of the
12		time within which the note is to be furnished, not to extend,
13		however, beyond June 15, following the date of the request.
14		Whenever any measure for which a fiscal note is required
15		affects more than one State board, commission, department,
16		agency, or other entity, the board, commission, department,
17		agency, or other entity most affected by its provisions
18		according to the sponsor shall be responsible for preparation
19		of the fiscal note. Whenever any measure for which a fiscal
20		note is required does not affect a specific board, commission,
21		department, agency or other such entity, or does not amend the
22		Mental Health and Developmental Disabilities Code or the
23		Developmental Disability and Mental Disability Services Act,
24		the sponsor of the measure shall be responsible for preparation
25		of the fiscal note.
26		In the case of bills having a potential fiscal impact on
27		units of local government, the fiscal note shall be prepared by
28		the Department of Commerce and Economic Opportunity Community
29		Affairs. In the case of bills having a potential fiscal impact
30		on school districts, the fiscal note shall be prepared by the
31		State Superintendent of Education. In the case of bills having
32		a potential fiscal impact on community college districts, the
33		fiscal note shall be prepared by the Illinois Community College
34		Board.
35		(Source: P.A. 92-567, eff. 1-1-03; revised 12-6-03.)

1		Section 350. The Home Rule Note Act is amended by changing
2		Sections 10 and 40 as follows:
3		(25 ILCS 75/10) (from Ch. 63, par. 42.91-10)
4		Sec. 10. Preparation of the note. Upon the request of the
5		sponsor of a bill described in Section 5, the Director of
6		Commerce and Economic Opportunity Community Affairs or some
7		person within the Department designated by the Director shall
8		prepare a written note setting forth the information required
9		by Section 5. The note shall be designated a home rule note and
10		shall be furnished to the sponsor within 10 calendar days after
11		the request, except that whenever, because of the complexity of
12		the bill, additional time is required for the preparation of
13		the note, the Department may so notify the sponsor and request
14		an extension of time not to exceed 5 additional days within
15		which to furnish the note. An extension may not, however, be
16		beyond June 15 following the date of the request.
17		(Source: P.A. 87-229; revised 12-6-03.)
18		(25 ILCS 75/40) (from Ch. 63, par. 42.91-40)
19		Sec. 40. Confidentiality. The subject matter of bills
20		submitted to the Director shall be kept in strict confidence by
21		the Department of Commerce and Economic Opportunity Community
22		Affairs, and no information relating to the bill or its home
23		rule impact shall be divulged by any official or employee of
24		the Department, except to the bill's sponsor or the sponsor's
25		designee, before the bill's introduction in the General
26		Assembly.
27		(Source: P.A. 87-229; revised 12-6-03.)

28		Section 355. The Fiscal Control and Internal Auditing Act
29		is amended by changing Section 2004 as follows:
30		(30 ILCS 10/2004) (from Ch. 15, par. 2004)
31		Sec. 2004. Consultations by internal auditor. Each chief
32		internal auditor may consult with the Auditor General, the

1		Department of Central Management Services, the Economic and
2		Fiscal Commission, the appropriations committees of the
3		General Assembly, the Governor's Office of Management and
4		Budget Bureau of the Budget, or the Internal Audit Advisory
5		Board on matters affecting the duties or responsibilities of
6		the chief internal auditor under this Act.
7		(Source: P.A. 86-936; revised 8-23-03.)

8		Section 360. The State Finance Act is amended by changing
9		Sections 6b-3, 6z-27, 6z-39, 6z-54, 8.12, 8.14, 8.22, 8.23, 8h,
10		9, 9.03, and 9.04 as follows:
11		(30 ILCS 105/6b-3) (from Ch. 127, par. 142b3)
12		Sec. 6b-3. There shall be paid into the State Housing Fund
13		the moneys recovered from Land Clearance Commissions and
14		Housing Authorities under the provisions of (1) Section 32 of
15		the "Housing Authorities Act", approved March 19, 1934, as
16		amended; (2) Section 9a of "An Act to facilitate the
17		development and construction of housing, to provide
18		governmental assistance therefor, and to repeal an Act herein
19		named," approved July 2, 1947, as amended; and (3) Section 25a
20		of the "Blighted Areas Redevelopment Act of 1947", approved
21		July 2, 1947, as amended.
22		The moneys in the State Housing Fund shall be used for
23		grants in aid of housing, development, redevelopment projects,
24		and any other programs compatible with the duties and
25		obligations of the Department of Commerce and Economic
26		Opportunity Community Affairs and local housing authorities or
27		land clearance commissions and such funds may be allocated to
28		those authorities and/or programs in accordance with the
29		judgment of the Department of Commerce and Economic Opportunity
30		Community Affairs except that no moneys may be retained in the
31		fund beyond a period 36 months following their deposit. In any
32		instance where moneys are accumulated in the State Housing Fund
33		and not distributed in accordance with determination made by
34		the Department of Commerce and Economic Opportunity Community

1		Affairs within 36 months then such moneys shall be returned to
2		the General Revenue Fund.
3		(Source: P.A. 81-1509; revised 12-6-03.)
4		(30 ILCS 105/6z-27)
5		Sec. 6z-27. All moneys in the Audit Expense Fund shall be
6		transferred, appropriated and used only for the purposes
7		authorized by, and subject to the limitations and conditions
8		prescribed by, the State Auditing Act.
9		Within 30 days after the effective date of this amendatory
10		Act of 2003, the State Comptroller shall order transferred and
11		the State Treasurer shall transfer from the following funds
12		moneys in the specified amounts for deposit into the Audit
13		Expense Fund:

3		Notwithstanding any provision of the law to the contrary,
4		the General Assembly hereby authorizes the use of such funds
5		for the purposes set forth in this Section.
6		These provisions do not apply to funds classified by the
7		Comptroller as federal trust funds or State trust funds. The
8		Audit Expense Fund may receive transfers from those trust funds
9		only as directed herein, except where prohibited by the terms
10		of the trust fund agreement. The Auditor General shall notify
11		the trustees of those funds of the estimated cost of the audit
12		to be incurred under the Illinois State Auditing Act for the
13		fund. The trustees of those funds shall direct the State
14		Comptroller and Treasurer to transfer the estimated amount to
15		the Audit Expense Fund.
16		The Auditor General may bill entities that are not subject
17		to the above transfer provisions, including private entities,
18		related organizations and entities whose funds are
19		locally-held, for the cost of audits, studies, and
20		investigations incurred on their behalf. Any revenues received
21		under this provision shall be deposited into the Audit Expense
22		Fund.
23		In the event that moneys on deposit in any fund are
24		unavailable, by reason of deficiency or any other reason
25		preventing their lawful transfer, the State Comptroller shall
26		order transferred and the State Treasurer shall transfer the
27		amount deficient or otherwise unavailable from the General
28		Revenue Fund for deposit into the Audit Expense Fund.
29		On or before December 1, 1992, and each December 1
30		thereafter, the Auditor General shall notify the Governor's
31		Office of Management and Budget (formerly Bureau of the Budget)
32		of the amount estimated to be necessary to pay for audits,
33		studies, and investigations in accordance with the Illinois
34		State Auditing Act during the next succeeding fiscal year for
35		each State fund for which a transfer or reimbursement is
36		anticipated.

1		Beginning with fiscal year 1994 and during each fiscal year
2		thereafter, the Auditor General may direct the State
3		Comptroller and Treasurer to transfer moneys from funds
4		authorized by the General Assembly for that fund. In the event
5		funds, including federal and State trust funds but excluding
6		the General Revenue Fund, are transferred, during fiscal year
7		1994 and during each fiscal year thereafter, in excess of the
8		amount to pay actual costs attributable to audits, studies, and
9		investigations as permitted or required by the Illinois State
10		Auditing Act or specific action of the General Assembly, the
11		Auditor General shall, on September 30, or as soon thereafter
12		as is practicable, direct the State Comptroller and Treasurer
13		to transfer the excess amount back to the fund from which it
14		was originally transferred.
15		(Source: P.A. 92-494, eff. 8-23-01; 92-746, eff. 7-25-02;
16		93-452, eff. 8-7-03; revised 8-23-03.)
17		(30 ILCS 105/6z-39)
18		Sec. 6z-39. Federal Financing Cost Reimbursement Fund. The
19		Governor's Office of Management and Budget Bureau of the Budget
20		shall be the State coordinator and representative with the
21		United States Department of the Treasury for purposes of
22		implementing the federal Cash Management Improvement Act of
23		1990.
24		The Governor's Office of Management and Budget Bureau of
25		the Budget shall: negotiate Treasury-State agreements; develop
26		and file annual reports; establish the net State liability;
27		determine State agency shares of the net State liability;
28		direct State agencies to pay or transfer moneys into the
29		Federal Financing Cost Reimbursement Fund; and initiate
30		payments of the net State liability to the U.S. Treasury out of
31		the Federal Financing Cost Reimbursement Fund. Agencies shall
32		make payments or transfers to the Federal Financing Cost
33		Reimbursement Fund as directed by the Governor's Office of
34		Management and Budget Bureau of the Budget and shall otherwise
35		cooperate with the Governor's Office of Management and Budget

1		Bureau of the Budget to implement the federal Cash Management
2		Improvement Act of 1990.
3		(Source: P.A. 89-21, eff. 7-1-95; revised 8-23-03.)
4		(30 ILCS 105/6z-54)
5		Sec. 6z-54. The Energy Infrastructure Fund.
6		(a) The Energy Infrastructure Fund is created as a special
7		fund in the State treasury.
8		(b) Money in the Energy Infrastructure Fund shall, if and
9		when the State of Illinois issues any bonded indebtedness for
10		financial assistance to new electric generating facilities, as
11		provided in Section 605-332 of the Department of Commerce and
12		Economic Opportunity Community Affairs Law of the Civil
13		Administrative Code of Illinois, be set aside and used for the
14		purpose of paying and discharging annually the principal and
15		interest on that bonded indebtedness then due and payable, and
16		for no other purpose.
17		In addition to other transfers to the General Obligation
18		Bond Retirement and Interest Fund made pursuant to Section 15
19		of the General Obligation Bond Act, upon each delivery of bonds
20		issued for financial assistance to new electric generating
21		facilities under Section 605-332 of the Department of Commerce
22		and Economic Opportunity Community Affairs Law of the Civil
23		Administrative Code of Illinois, the State Comptroller shall
24		compute and certify to the State Treasurer the total amount of
25		principal and interest, and premium, if any, on such bonds
26		during the then current and each succeeding fiscal year. On or
27		before the last day of each month, the State Treasurer and the
28		State Comptroller shall transfer from the Energy
29		Infrastructure Fund to the General Obligation Bond Retirement
30		and Interest Fund an amount sufficient to pay the aggregate of
31		the principal of, interest on, and premium, if any, on the
32		bonds payable on their next payment date, divided by the number
33		of monthly transfers occurring between the last previous
34		payment date (or the delivery date if no payment date has yet
35		occurred) and the next succeeding payment date.

1		(c) To the extent that moneys in the Energy Infrastructure
2		Fund, in the opinion of the Governor and the Director of the
3		Governor's Office of Management and Budget Bureau of the
4		Budget, are in excess of 125% of the maximum debt service in
5		any fiscal year, such surplus shall, subject to appropriation,
6		be used by the Department of Commerce and Economic Opportunity
7		Community Affairs for financial assistance under other coal
8		development programs administered by the Department, in
9		accordance with the rules of the Department or for other State
10		purposes subject to appropriation.
11		(Source: P.A. 92-12, eff. 7-1-01; 92-651, eff. 7-11-02; revised
12		8-23-03.)
13		(30 ILCS 105/8.12) (from Ch. 127, par. 144.12)
14		Sec. 8.12. State Pensions Fund.
15		(a) The moneys in the State Pensions Fund shall be used
16		exclusively for the administration of the Uniform Disposition
17		of Unclaimed Property Act and for the payment of a portion of
18		the required State contributions to the designated retirement
19		systems.
20		"Designated retirement systems" means:
21		(1) the State Employees' Retirement System of
22		Illinois;
23		(2) the Teachers' Retirement System of the State of
24		Illinois;
25		(3) the State Universities Retirement System;
26		(4) the Judges Retirement System of Illinois; and
27		(5) the General Assembly Retirement System.
28		(b) Each year the General Assembly may make appropriations
29		from the State Pensions Fund for the administration of the
30		Uniform Disposition of Unclaimed Property Act.
31		Each month, the Commissioner of the Office of Banks and
32		Real Estate shall certify to the State Treasurer the actual
33		expenditures that the Office of Banks and Real Estate incurred
34		conducting unclaimed property examinations under the Uniform
35		Disposition of Unclaimed Property Act during the immediately

1		preceding month. Within a reasonable time following the
2		acceptance of such certification by the State Treasurer, the
3		State Treasurer shall pay from its appropriation from the State
4		Pensions Fund to the Bank and Trust Company Fund and the
5		Savings and Residential Finance Regulatory Fund an amount equal
6		to the expenditures incurred by each Fund for that month.
7		Each month, the Director of Financial Institutions shall
8		certify to the State Treasurer the actual expenditures that the
9		Department of Financial Institutions incurred conducting
10		unclaimed property examinations under the Uniform Disposition
11		of Unclaimed Property Act during the immediately preceding
12		month. Within a reasonable time following the acceptance of
13		such certification by the State Treasurer, the State Treasurer
14		shall pay from its appropriation from the State Pensions Fund
15		to the Financial Institutions Fund and the Credit Union Fund an
16		amount equal to the expenditures incurred by each Fund for that
17		month.
18		(c) Each year the General Assembly shall appropriate a
19		total amount equal to the balance in the State Pensions Fund at
20		the close of business on June 30 of the preceding fiscal year,
21		less $5,000,000, as part of the required State contributions to
22		the designated retirement systems. The amount of the
23		appropriation to each designated retirement system shall
24		constitute a portion of the total appropriation under this
25		subsection for that fiscal year which is the same as that
26		retirement system's portion of the total actuarial reserve
27		deficiency of the systems, as most recently determined by the
28		Governor's Office of Management and Budget Bureau of the
29		Budget.
30		(d) The Governor's Office of Management and Budget Bureau
31		of the Budget shall determine the individual and total reserve
32		deficiencies of the designated retirement systems. For this
33		purpose, the Governor's Office of Management and Budget Bureau
34		of the Budget shall utilize the latest available audit and
35		actuarial reports of each of the retirement systems and the
36		relevant reports and statistics of the Public Employee Pension

1		Fund Division of the Department of Insurance.
2		(e) The changes to this Section made by this amendatory Act
3		of 1994 shall first apply to distributions from the Fund for
4		State fiscal year 1996.
5		(Source: P.A. 91-16, eff. 7-1-99; revised 8-23-03.)
6		(30 ILCS 105/8.14) (from Ch. 127, par. 144.14)
7		Sec. 8.14. Appropriations from the Public Utility Fund
8		shall be made only to the Illinois Commerce Commission for
9		ordinary and contingent expenses of the Commission in the
10		administration of the Public Utilities Act, in the
11		administration of the Electric Supplier Act, and in the
12		administration of the Illinois Gas Pipeline Safety Act; to the
13		Department of Natural Resources for the purpose of conducting
14		studies concerning environmental pollution problems caused or
15		contributed to by public utilities and the means for
16		eliminating or abating those problems, in accordance with the
17		functions of the Department as specified in the Environmental
18		Protection Act; and to the Department of Commerce and Economic
19		Opportunity Community Affairs for administration of energy
20		programs, including those specified in the Comprehensive Solar
21		Energy Act of 1977 and the Illinois Coal and Energy Development
22		Bond Act. No money shall be transferred from the Public Utility
23		Fund to any other fund.
24		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
25		(30 ILCS 105/8.22) (from Ch. 127, par. 144.22)
26		Sec. 8.22. Appropriations for the ordinary and contingent
27		expenses of the Department of Commerce and Economic Opportunity
28		Community Affairs may be made from the Intra-Agency Services
29		Fund, provided that the State Comptroller and the State
30		Treasurer shall, within a reasonable time after July 1 of each
31		year, upon the direction of the Governor, transfer from the
32		Intra-Agency Services Fund to the General Revenue Fund such
33		amounts as the Governor has determined to be in excess of the
34		amount required to meet the obligations of the Intra-Agency

1		Services Fund.
2		(Source: P.A. 82-790; revised 12-6-03.)
3		(30 ILCS 105/8.23) (from Ch. 127, par. 144.23)
4		Sec. 8.23. Until October 30, 1983, all moneys held in the
5		following Federal trust funds as of the effective date of this
6		amendatory Act of 1982, for expenditures by the Department of
7		Commerce and Community Affairs (now Department of Commerce and
8		Economic Opportunity) for general administration, shall be
9		transferred to the Intra-Agency Services Trust Fund by the
10		State Comptroller and the State Treasurer at the direction of
11		the Department and with the approval of the Governor:
12		(1) The Urban Planning Assistance Fund.
13		(2) The Economic Opportunity Fund.
14		(3) The Federal Labor Projects Fund.
15		(4) The Federal Industrial Services Fund.
16		(5) The Federal Energy Administration Fund.
17		(6) The Economic Development Services Fund.
18		(7) The Human Services Support Fund.
19		(8) The Local Government Affairs Federal Trust Fund.
20		(9) The Federal Moderate Rehabilitation Housing Fund.
21		(Source: P.A. 82-790; revised 12-6-03.)
22		(30 ILCS 105/8h)
23		Sec. 8h. Transfers to General Revenue Fund.
24		Notwithstanding any other State law to the contrary, the
25		Director of the Governor's Office of Management and Budget
26		Bureau of the Budget may from time to time direct the State
27		Treasurer and Comptroller to transfer a specified sum from any
28		fund held by the State Treasurer to the General Revenue Fund in
29		order to help defray the State's operating costs for the fiscal
30		year. The total transfer under this Section from any fund in
31		any fiscal year shall not exceed the lesser of 8% of the
32		revenues to be deposited into the fund during that year or 25%
33		of the beginning balance in the fund. No transfer may be made
34		from a fund under this Section that would have the effect of

1		reducing the available balance in the fund to an amount less
2		than the amount remaining unexpended and unreserved from the
3		total appropriation from that fund for that fiscal year. This
4		Section does not apply to any funds that are restricted by
5		federal law to a specific use or to any funds in the Motor Fuel
6		Tax Fund. Notwithstanding any other provision of this Section,
7		the total transfer under this Section from the Road Fund or the
8		State Construction Account Fund shall not exceed 5% of the
9		revenues to be deposited into the fund during that year.
10		In determining the available balance in a fund, the
11		Director of the Governor's Office of Management and Budget
12		Bureau of the Budget may include receipts, transfers into the
13		fund, and other resources anticipated to be available in the
14		fund in that fiscal year.
15		The State Treasurer and Comptroller shall transfer the
16		amounts designated under this Section as soon as may be
17		practicable after receiving the direction to transfer from the
18		Director of the Governor's Office of Management and Budget
19		Bureau of the Budget.
20		(Source: P.A. 93-32, eff. 6-20-03; revised 8-21-03.)
21		(30 ILCS 105/9) (from Ch. 127, par. 145)
22		Sec. 9. (a) No disbursements from appropriations shall be
23		made for rental or purchase of office or other space, buildings
24		or land, except in pursuance of a written lease or purchase
25		contract entered into by the proper State authority and the
26		owner or authorized agent of the property. Such lease shall not
27		exceed 5 years unless a greater term is authorized by law, but
28		such lease may contain a renewal clause subject to acceptance
29		by the State after that date or an option to purchase. Such
30		purchase contract may provide for the title to the property to
31		transfer immediately to the State or a trustee or nominee for
32		the benefit of the State and for the consideration to be paid
33		in installments to be made at stated intervals during a certain
34		term not to exceed 30 years from the date of the contract and
35		may provide for the payment of interest on the unpaid balance

1		at a rate that does not exceed a rate determined by adding 3
2		percentage points to the annual yield on United States Treasury
3		obligations of comparable maturity as most recently published
4		in the Wall Street Journal at the time such contract is signed.
5		Such lease or purchase contract shall be and shall recite that
6		it is subject to termination and cancellation in any year for
7		which the General Assembly fails to make an appropriation to
8		pay the rent or purchase installments payable under the terms
9		of such lease or purchase contract. Additionally such purchase
10		contract shall specify that title to the office and storage
11		space, buildings, land and other facilities being acquired
12		under such a contract shall revert to the Seller in the event
13		of the failure of the General Assembly to appropriate suitable
14		funds. This limitation does not apply to leases for office or
15		other space, buildings, or land, where such leases or purchase
16		contracts contain a provision limiting the liability for the
17		payment of the rental or installments thereunder solely to
18		funds received from the Federal Government. A copy of each such
19		lease or purchase contract shall be filed in the office of the
20		Secretary of State within 15 days after execution.
21		(b) The State, through the Governor's Office of Management
22		and Budget Bureau of the Budget for real property and
23		improvements and personal property related thereto, and
24		through the Department of Central Management Services for
25		personal property, may issue or cause to be issued certificates
26		of participation or similar instruments representing the right
27		to receive a proportionate share in lease-purchase or
28		installment purchase payments to be made by or for the benefit
29		of one or more State agencies for the acquisition or
30		improvement of real or personal property, or refinancing of
31		such property or payment of expenses related to the issuance.
32		The total principal amount of the certificates issued or caused
33		to be issued pursuant to this Section for acquisition of real
34		property shall not exceed $125,000,000. Certificates issued or
35		caused to be issued pursuant to this Section shall mean
36		certificates heretofore or hereafter signed and delivered by

1		the State or signed and delivered by a trustee or fiscal agent
2		pursuant to the written direction of the State. Nothing in this
3		Section shall (i) prohibit or restrict the issuance of or
4		affect the validity or enforceability of certificates
5		heretofore or hereafter signed and delivered by any lessor or
6		seller or an assignee of either under a lease purchase or
7		installment purchase contract with the State or signed and
8		delivered by a trustee or fiscal agent pursuant to the written
9		direction of such lessor or seller or an assignee of either, or
10		(ii) affect the validity or enforceability of any such lease
11		purchase or installment purchase contract.
12		(1) Certificates may be issued or caused to be issued
13		pursuant to this Section if the Director of the Governor's
14		Office of Management and Budget Bureau of the Budget
15		determines that it is financially desirable and in the best
16		interest of the State to use certificates of participation
17		to finance or refinance installment purchase or lease
18		purchase contracts entered into by State departments,
19		agencies, or universities or to refund or advance refund
20		prior issuances of certificates of participation or
21		similar instruments including certificates of
22		participation issued under this Section and certificates
23		of participation issued before the effective date of this
24		amendatory Act of 1997. The State, through the Governor's
25		Office of Management and Budget Bureau of the Budget for
26		real property and improvements and personal property
27		related thereto, and through the Department of Central
28		Management Services for personal property, may enter into
29		arrangements for issuing, securing, and marketing
30		certificates of participation, including agreements, trust
31		indentures and other arrangements necessary or desirable
32		to carry out the foregoing, and any reserve funds or other
33		amounts securing the certificates may be held and invested
34		as provided in such agreements and trust indentures.
35		(2) Certificates of participation or similar
36		instruments issued or caused to be issued pursuant to this

1		Section and the underlying lease purchase or installment
2		purchase contracts shall not constitute or create debt of
3		the State as defined in the Illinois Constitution, nor a
4		contractual obligation in excess of the amounts
5		appropriated therefor, and the State shall have no
6		continuing obligation to appropriate money for said
7		payments or other obligations due under the lease purchase
8		or installment purchase contracts; provided, however, that
9		the Governor shall include in the annual budget request to
10		the General Assembly for each relevant fiscal year
11		appropriations sufficient to permit payment of all amounts
12		which will be due and payable during the fiscal year with
13		respect to certificates of participation issued or caused
14		to be issued pursuant to this Section.
15		(3) The maximum term of certificates of participation
16		issued to finance personal property shall be 10 years. The
17		maximum term of certificates of participation to finance
18		the acquisition or improvement of real property shall be 25
19		years. In no event, however, shall the term exceed the
20		expected useful life of the property being financed, with
21		the term calculated from the date of delivery, with respect
22		to personal property, and the date of occupancy, with
23		respect to real property.
24		(4) Ten days before the issuance of certificates of
25		participation under this Section, the Director of the
26		Governor's Office of Management and Budget Bureau of the
27		Budget for real property and improvements and personal
28		property related thereto and the Department of Central
29		Management Services for personal property shall transmit
30		to the Executive Director of the Economic and Fiscal
31		Commission, to the Auditor General, to the President of the
32		Senate, the Minority Leader of the Senate, the Speaker of
33		the House of Representatives, and the Minority Leader of
34		the House of Representatives, to the Chairs of the
35		Appropriations Committees, and to the Secretary of the
36		Senate and Clerk of the House a notice providing the

1		following information pertaining to the property to be
2		financed by the certificates:
3		(1) The agency and program procuring the property.
4		(2) A brief description of the property.
5		(3) The estimated cost of the property if purchased
6		outright.
7		(4) The estimated terms of the financings.
8		(5) The estimated total lease or installment
9		purchase payments for property.
10		(6) The estimated lease or installment purchase
11		payments by fiscal year for the current fiscal year and
12		the next 5 fiscal years.
13		(7) The anticipated source of funds to make lease
14		or installment purchase payments.
15		(8) Those items not anticipated to be financed upon
16		enactment of the budget for the fiscal year.
17		A copy of the Preliminary Official Statement shall also be
18		transmitted to the Executive Director of the Economic and
19		Fiscal Commission, to the Auditor General, to the President of
20		the Senate, the Minority Leader of the Senate, the Speaker of
21		the House of Representatives, the Minority Leader of the House
22		of Representatives, to the Chairs of the Appropriations
23		Committees, and to the Secretary of the Senate and Clerk of the
24		House at the time it is submitted for publication. After the
25		issuance of the certificates, a copy of the final official
26		statement accompanying the issuance shall be filed with the
27		Economic and Fiscal Commission, with the Auditor General, with
28		the President of the Senate, the Minority Leader of the Senate,
29		the Speaker of the House of Representatives, and the Minority
30		Leader of the House of Representatives, with the Chairs of the
31		Appropriations Committees, and with the Secretary of the Senate
32		and Clerk of the House.
33		(5) The Governor's Office of Management and Budget
34		Bureau of the Budget may, based on a cost benefit analysis,
35		issue general obligation bonds to finance or refinance
36		installment purchase or lease purchase contracts entered

1		into by State departments, agencies, or universities or to
2		refund or advance refund prior issuances of certificates of
3		participation or similar instruments, including
4		certificates of participation issued under this Section
5		and certificates of participation issued before the
6		effective date of this amendatory Act of 1997.
7		(6) The Department of Central Management Services may
8		promulgate rules governing its issuance and conditions of
9		use of certificates of participation and similar
10		instruments.
11		(c) Amounts paid from appropriations for personal service
12		of any officer or employee of the State, either temporary or
13		regular, shall be considered as full payment for all services
14		rendered between the dates specified in the payroll or other
15		voucher and no additional sum shall be paid to such officer or
16		employee from any lump sum appropriation, appropriation for
17		extra help or other purpose or any accumulated balances in
18		specific appropriations, which payments would constitute in
19		fact an additional payment for work already performed and for
20		which remuneration had already been made, except that wage
21		payments made pursuant to the application of the prevailing
22		rate principle or based upon the effective date of a collective
23		bargaining agreement between the State, or a State agency and
24		an employee group, or payment of funds as an adjustment to
25		wages paid employees or officers of the State for the purpose
26		of correcting a clerical or administrative error or oversight
27		or pursuant to a backpay order issued by an appropriate State
28		or federal administrative or judicial body or officer shall not
29		be construed as an additional payment for work already
30		performed.
31		(d) Disbursements from appropriations which are subject to
32		the approval or certification of the Department of Central
33		Management Services are subject to the following restrictions.
34		Payments for personal service except for positions
35		specified in all appropriation Acts shall be made in conformity
36		with schedules and amendments thereto submitted by the

1		respective officers and approved by the Department of Central
2		Management Services before becoming effective. Such schedules
3		and amendments thereto may set up groups of employment showing
4		the approximate number to be employed, with fixed or minimum
5		and maximum salary rates.
6		This Section is subject to the provisions of Section 9.02.
7		(Source: P.A. 90-520, eff. 6-1-98; revised 8-23-03.)
8		(30 ILCS 105/9.03) (from Ch. 127, par. 145d)
9		Sec. 9.03. The certification on every State payroll voucher
10		shall be as follows:
11		"I certify that the employees named, their respective
12		indicated positions and service times, and appropriation to be
13		charged, as shown on the accompanying payroll sheets are true,
14		complete, correct and according to the provisions of law; that
15		such employees are involved in decision making or have direct
16		line responsibility to a person who has decision making
17		authority concerning the objectives, functions, goals and
18		policies of the organizational unit for which the appropriation
19		was made; that the results of the work performed by these
20		employees and that substantially all of their working time is
21		directly related to the objectives, functions, goals, and
22		policies of the organizational unit for which the appropriation
23		is made; that all working time was expended in the service of
24		the State; and that the employees named are entitled to payment
25		in the amounts indicated. If applicable, the reporting
26		requirements of Section 5.1 of the Governor's Office of
27		Management and Budget Act 'an Act to create the Bureau of the
28		Budget and to define its powers and duties and to make an
29		appropriation', approved April 16, 1969, as amended, have been
30		met.
31		______________________________ ____________________________
32		(Date) (Signature)"
33		For departments under the Civil Administrative Code, the
34		foregoing certification shall be executed by the Chief
35		Executive Officer of the department from whose appropriation

1		the payment will be made or his designee, in addition to any
2		other certifications or approvals which may be required by law.
3		The foregoing certification shall not be required for
4		expenditures from amounts appropriated to the Comptroller for
5		payment of the salaries of State officers.
6		(Source: P.A. 82-790; revised 8-23-03.)
7		(30 ILCS 105/9.04) (from Ch. 127, par. 145e)
8		Sec. 9.04. The certification on behalf of the State agency
9		on every State voucher for goods and services other than a
10		payroll or travel voucher shall be as follows:
11		"I certify that the goods or services specified on this
12		voucher were for the use of this agency and that the
13		expenditure for such goods or services was authorized and
14		lawfully incurred; that such goods or services meet all the
15		required standards set forth in the purchase agreement or
16		contract to which this voucher relates; and that the amount
17		shown on this voucher is correct and is approved for payment.
18		If applicable, the reporting requirements of Section 5.1 of the
19		Governor's Office of Management and Budget Act 'An Act to
20		create the Bureau of the Budget and to define its powers and
21		duties and to make an appropriation', approved April 16, 1969,
22		as amended, have been met.
23		........................ ............................
24		(Date) (Signature)"
25		For departments under the Civil Administrative Code, the
26		foregoing certification shall be executed by the Chief
27		Executive Officer of the department from whose appropriation
28		the payment will be made or his designee, in addition to any
29		other certifications or approvals which may be required by law.
30		(Source: P.A. 82-790; revised 8-23-03.)

31		Section 365. The Federal Commodity Disbursement Act is
32		amended by changing Section 1 as follows:
33		(30 ILCS 255/1) (from Ch. 127, par. 176b)

1		Sec. 1. The Governor may receive and disburse funds and
2		commodities made available by the federal government, or any
3		agency thereof. In any case where such funds or commodities are
4		made available to the State but no designation has been made by
5		the federal government, or agency thereof, of the officer,
6		department or agency of this State who or which shall be the
7		receiving agency, the Governor may make such designation, and
8		thereupon such officer, department or agency shall be
9		authorized to receive and expend such funds and commodities for
10		the purpose or purposes for which they are made available
11		providing such officer, department or agency complies with the
12		applicable requirements of Section 5.1 of the Governor's Office
13		of Management and Budget Act "An Act to create a Bureau of the
14		Budget and to define its powers and duties and to make an
15		appropriation", approved April 16, 1969, as now or hereafter
16		amended.
17		(Source: P.A. 80-1029; revised 8-23-03.)

18		Section 370. The General Obligation Bond Act is amended by
19		changing Sections 7, 7.2, 9, 11, 12, 13, 14, 15, and 16 as
20		follows:
21		(30 ILCS 330/7) (from Ch. 127, par. 657)
22		Sec. 7. Coal and Energy Development. The amount of
23		$663,200,000 is authorized to be used by the Department of
24		Commerce and Economic Opportunty (formerly Department of
25		Commerce and Community Affairs) for coal and energy development
26		purposes, pursuant to Sections 2, 3 and 3.1 of the Illinois
27		Coal and Energy Development Bond Act, for the purposes
28		specified in Section 8.1 of the Energy Conservation and Coal
29		Development Act, and for the purposes specified in Section
30		605-332 of the Department of Commerce and Economic Opportunity
31		Law Community Affairs of the Civil Administrative Code of
32		Illinois. Of this amount:
33		(a) $115,000,000 is for the specific purposes of
34		acquisition, development, construction, reconstruction,

1		improvement, financing, architectural and technical planning
2		and installation of capital facilities consisting of
3		buildings, structures, durable equipment, and land for the
4		purpose of capital development of coal resources within the
5		State and for the purposes specified in Section 8.1 of the
6		Energy Conservation and Coal Development Act;
7		(b) $35,000,000 is for the purposes specified in Section
8		8.1 of the Energy Conservation and Coal Development Act and
9		making a grant to the owner of a generating station located in
10		Illinois and having at least three coal-fired generating units
11		with accredited summer capability greater than 500 megawatts
12		each at such generating station as provided in Section 6 of
13		that Bond Act;
14		(c) $13,200,000 is for research, development and
15		demonstration of forms of energy other than that derived from
16		coal, either on or off State property; and
17		(d) $500,000,000 is for the purpose of providing financial
18		assistance to new electric generating facilities as provided in
19		Section 605-332 of the Department of Commerce and Economic
20		Opportunity Community Affairs Law of the Civil Administrative
21		Code of Illinois.
22		(Source: P.A. 92-13, eff. 6-22-01; revised 12-6-03.)
23		(30 ILCS 330/7.2)
24		Sec. 7.2. State pension funding.
25		(a) The amount of $10,000,000,000 is authorized to be used
26		for the purpose of making contributions to the designated
27		retirement systems. For the purposes of this Section,
28		"designated retirement systems" means the State Employees'
29		Retirement System of Illinois; the Teachers' Retirement System
30		of the State of Illinois; the State Universities Retirement
31		System; the Judges Retirement System of Illinois; and the
32		General Assembly Retirement System.
33		(b) The Pension Contribution Fund is created as a special
34		fund in the State Treasury.
35		The proceeds of the additional $10,000,000,000 of Bonds

1		authorized by this amendatory Act of the 93rd General Assembly,
2		less the amounts authorized in the Bond Sale Order to be
3		deposited directly into the capitalized interest account of the
4		General Obligation Bond Retirement and Interest Fund or
5		otherwise directly paid out for bond sale expenses under
6		Section 8, shall be deposited into the Pension Contribution
7		Fund and used as provided in this Section.
8		(c) Of the amount of Bond proceeds first deposited into the
9		Pension Contribution Fund, there shall be reserved for
10		transfers under this subsection the sum of $300,000,000,
11		representing the required State contributions to the
12		designated retirement systems for the last quarter of State
13		fiscal year 2003, plus the sum of $1,860,000,000, representing
14		the required State contributions to the designated retirement
15		systems for State fiscal year 2004.
16		Upon the deposit of sufficient moneys into the Pension
17		Contribution Fund, the Comptroller and Treasurer shall
18		immediately transfer the sum of $300,000,000 from the Pension
19		Contribution Fund to the General Revenue Fund.
20		Whenever any payment of required State contributions for
21		State fiscal year 2004 is made to one of the designated
22		retirement systems, the Comptroller and Treasurer shall, as
23		soon as practicable, transfer from the Pension Contribution
24		Fund to the General Revenue Fund an amount equal to the amount
25		of that payment to the designated retirement system. If the
26		amount reserved for these transfers exceeds the total amount of
27		fiscal year 2004 payments of required State contributions to
28		the designated retirement systems, the Comptroller and
29		Treasurer shall continue to make such transfers based on fiscal
30		year 2005 payments until the entire amount reserved has been
31		transferred.
32		(d) All amounts deposited into the Pension Contribution
33		Fund, other than the amounts reserved for the transfers under
34		subsection (c), shall be appropriated to the designated
35		retirement systems to reduce their actuarial reserve
36		deficiencies. The amount of the appropriation to each

1		designated retirement system shall constitute a portion of the
2		total appropriation under this subsection that is the same as
3		that retirement system's portion of the total actuarial reserve
4		deficiency of the systems, as most recently determined by the
5		Governor's Office of Management and Budget Bureau of the Budget
6		under Section 8.12 of the State Finance Act.
7		Within 15 days after any Bond proceeds in excess of the
8		amounts initially reserved under subsection (c) are deposited
9		into the Pension Contribution Fund, the Governor's Office of
10		Management and Budget Bureau of the Budget shall (i) allocate
11		those proceeds among the designated retirement systems in
12		proportion to their respective actuarial reserve deficiencies,
13		as most recently determined under Section 8.12 of the State
14		Finance Act, and (ii) certify those allocations to the
15		designated retirement systems and the Comptroller.
16		Upon receiving certification of an allocation under this
17		subsection, a designated retirement system shall submit to the
18		Comptroller a voucher for the amount of its allocation. The
19		voucher shall be paid out of the amount appropriated to that
20		designated retirement system from the Pension Contribution
21		Fund pursuant to this subsection.
22		(Source: P.A. 93-2, eff. 4-7-03; revised 8-23-03.)
23		(30 ILCS 330/9) (from Ch. 127, par. 659)
24		Sec. 9. Conditions for Issuance and Sale of Bonds -
25		Requirements for Bonds.
26		(a) Bonds shall be issued and sold from time to time, in
27		one or more series, in such amounts and at such prices as may
28		be directed by the Governor, upon recommendation by the
29		Director of the Governor's Office of Management and Budget
30		Bureau of the Budget. Bonds shall be in such form (either
31		coupon, registered or book entry), in such denominations,
32		payable within 30 years from their date, subject to such terms
33		of redemption with or without premium, bear interest payable at
34		such times and at such fixed or variable rate or rates, and be
35		dated as shall be fixed and determined by the Director of the

1		Governor's Office of Management and Budget Bureau of the Budget
2		in the order authorizing the issuance and sale of any series of
3		Bonds, which order shall be approved by the Governor and is
4		herein called a "Bond Sale Order"; provided however, that
5		interest payable at fixed or variable rates shall not exceed
6		that permitted in the Bond Authorization Act, as now or
7		hereafter amended. Bonds shall be payable at such place or
8		places, within or without the State of Illinois, and may be
9		made registrable as to either principal or as to both principal
10		and interest, as shall be specified in the Bond Sale Order.
11		Bonds may be callable or subject to purchase and retirement or
12		tender and remarketing as fixed and determined in the Bond Sale
13		Order.
14		In the case of any series of Bonds bearing interest at a
15		variable interest rate ("Variable Rate Bonds"), in lieu of
16		determining the rate or rates at which such series of Variable
17		Rate Bonds shall bear interest and the price or prices at which
18		such Variable Rate Bonds shall be initially sold or remarketed
19		(in the event of purchase and subsequent resale), the Bond Sale
20		Order may provide that such interest rates and prices may vary
21		from time to time depending on criteria established in such
22		Bond Sale Order, which criteria may include, without
23		limitation, references to indices or variations in interest
24		rates as may, in the judgment of a remarketing agent, be
25		necessary to cause Variable Rate Bonds of such series to be
26		remarketable from time to time at a price equal to their
27		principal amount, and may provide for appointment of a bank,
28		trust company, investment bank, or other financial institution
29		to serve as remarketing agent in that connection. The Bond Sale
30		Order may provide that alternative interest rates or provisions
31		for establishing alternative interest rates, different
32		security or claim priorities, or different call or amortization
33		provisions will apply during such times as Variable Rate Bonds
34		of any series are held by a person providing credit or
35		liquidity enhancement arrangements for such Bonds as
36		authorized in subsection (b) of this Section. The Bond Sale

1		Order may also provide for such variable interest rates to be
2		established pursuant to a process generally known as an auction
3		rate process and may provide for appointment of one or more
4		financial institutions to serve as auction agents and
5		broker-dealers in connection with the establishment of such
6		interest rates and the sale and remarketing of such Bonds.
7		(b) In connection with the issuance of any series of Bonds,
8		the State may enter into arrangements to provide additional
9		security and liquidity for such Bonds, including, without
10		limitation, bond or interest rate insurance or letters of
11		credit, lines of credit, bond purchase contracts, or other
12		arrangements whereby funds are made available to retire or
13		purchase Bonds, thereby assuring the ability of owners of the
14		Bonds to sell or redeem their Bonds. The State may enter into
15		contracts and may agree to pay fees to persons providing such
16		arrangements, but only under circumstances where the Director
17		of the Governor's Office of Management and Budget Bureau of the
18		Budget certifies that he or she reasonably expects the total
19		interest paid or to be paid on the Bonds, together with the
20		fees for the arrangements (being treated as if interest), would
21		not, taken together, cause the Bonds to bear interest,
22		calculated to their stated maturity, at a rate in excess of the
23		rate that the Bonds would bear in the absence of such
24		arrangements.
25		The State may, with respect to Bonds issued or anticipated
26		to be issued, participate in and enter into arrangements with
27		respect to interest rate protection or exchange agreements,
28		guarantees, or financial futures contracts for the purpose of
29		limiting or restricting interest rate risk. The arrangements
30		may be executed and delivered by the Director of the Governor's
31		Office of Management and Budget Bureau of the Budget on behalf
32		of the State. Net payments for such arrangements shall
33		constitute interest on the Bonds and shall be paid from the
34		General Obligation Bond Retirement and Interest Fund. The
35		Director of the Governor's Office of Management and Budget
36		Bureau of the Budget shall at least annually certify to the

1		Governor and the State Comptroller his or her estimate of the
2		amounts of such net payments to be included in the calculation
3		of interest required to be paid by the State.
4		(c) Prior to the issuance of any Variable Rate Bonds
5		pursuant to subsection (a), the Director of the Governor's
6		Office of Management and Budget Bureau of the Budget shall
7		adopt an interest rate risk management policy providing that
8		the amount of the State's variable rate exposure with respect
9		to Bonds shall not exceed 20%. This policy shall remain in
10		effect while any Bonds are outstanding and the issuance of
11		Bonds shall be subject to the terms of such policy. The terms
12		of this policy may be amended from time to time by the Director
13		of the Governor's Office of Management and Budget Bureau of the
14		Budget but in no event shall any amendment cause the permitted
15		level of the State's variable rate exposure with respect to
16		Bonds to exceed 20%.
17		(Source: P.A. 92-16, eff. 6-28-01; 93-9, eff. 6-3-03; revised
18		8-23-03.)
19		(30 ILCS 330/11) (from Ch. 127, par. 661)
20		Sec. 11. Sale of Bonds. Bonds shall be sold from time to
21		time pursuant to notice of sale and public bid or by negotiated
22		sale in such amounts and at such times as is directed by the
23		Governor, upon recommendation by the Director of the Governor's
24		Office of Management and Budget Bureau of the Budget.
25		If any Bonds, including refunding Bonds, are to be sold by
26		negotiated sale, the Director of the Governor's Office of
27		Management and Budget Bureau of the Budget shall comply with
28		the competitive request for proposal process set forth in the
29		Illinois Procurement Code and all other applicable
30		requirements of that Code.
31		If Bonds are to be sold pursuant to notice of sale and
32		public bid, the Director of the Governor's Office of Management
33		and Budget Bureau of the Budget shall, from time to time, as
34		Bonds are to be sold, advertise the sale of the Bonds in at
35		least two daily newspapers, one of which is published in the

1		City of Springfield and one in the City of Chicago. The sale of
2		the Bonds shall also be advertised in the volume of the
3		Illinois Procurement Bulletin that is published by the
4		Department of Central Management Services. Each of the
5		advertisements for proposals shall be published once at least
6		10 days prior to the date fixed for the opening of the bids.
7		The Director of the Governor's Office of Management and Budget
8		Bureau of the Budget may reschedule the date of sale upon the
9		giving of such additional notice as the Director deems adequate
10		to inform prospective bidders of such change; provided,
11		however, that all other conditions of the sale shall continue
12		as originally advertised.
13		Executed Bonds shall, upon payment therefor, be delivered
14		to the purchaser, and the proceeds of Bonds shall be paid into
15		the State Treasury as directed by Section 12 of this Act.
16		(Source: P.A. 91-39, eff. 6-15-99; revised 8-23-03.)
17		(30 ILCS 330/12) (from Ch. 127, par. 662)
18		Sec. 12. Allocation of Proceeds from Sale of Bonds.
19		(a) Proceeds from the sale of Bonds, authorized by Section
20		3 of this Act, shall be deposited in the separate fund known as
21		the Capital Development Fund.
22		(b) Proceeds from the sale of Bonds, authorized by
23		paragraph (a) of Section 4 of this Act, shall be deposited in
24		the separate fund known as the Transportation Bond, Series A
25		Fund.
26		(c) Proceeds from the sale of Bonds, authorized by
27		paragraphs (b) and (c) of Section 4 of this Act, shall be
28		deposited in the separate fund known as the Transportation
29		Bond, Series B Fund.
30		(d) Proceeds from the sale of Bonds, authorized by Section
31		5 of this Act, shall be deposited in the separate fund known as
32		the School Construction Fund.
33		(e) Proceeds from the sale of Bonds, authorized by Section
34		6 of this Act, shall be deposited in the separate fund known as
35		the Anti-Pollution Fund.

1		(f) Proceeds from the sale of Bonds, authorized by Section
2		7 of this Act, shall be deposited in the separate fund known as
3		the Coal Development Fund.
4		(f-2) Proceeds from the sale of Bonds, authorized by
5		Section 7.2 of this Act, shall be deposited as set forth in
6		Section 7.2.
7		(f-5) Proceeds from the sale of Bonds, authorized by
8		Section 7.5 of this Act, shall be deposited as set forth in
9		Section 7.5.
10		(g) Proceeds from the sale of Bonds, authorized by Section
11		8 of this Act, shall be deposited in the Capital Development
12		Fund.
13		(h) Subsequent to the issuance of any Bonds for the
14		purposes described in Sections 2 through 8 of this Act, the
15		Governor and the Director of the Governor's Office of
16		Management and Budget Bureau of the Budget may provide for the
17		reallocation of unspent proceeds of such Bonds to any other
18		purposes authorized under said Sections of this Act, subject to
19		the limitations on aggregate principal amounts contained
20		therein. Upon any such reallocation, such unspent proceeds
21		shall be transferred to the appropriate funds as determined by
22		reference to paragraphs (a) through (g) of this Section.
23		(Source: P.A. 92-596, eff. 6-28-02; 93-2, eff. 4-7-03; revised
24		8-23-03.)
25		(30 ILCS 330/13) (from Ch. 127, par. 663)
26		Sec. 13. Appropriation of Proceeds from Sale of Bonds.
27		(a) At all times, the proceeds from the sale of Bonds
28		issued pursuant to this Act are subject to appropriation by the
29		General Assembly and, except as provided in Section 7.2, may be
30		obligated or expended only with the written approval of the
31		Governor, in such amounts, at such times, and for such purposes
32		as the respective State agencies, as defined in Section 1-7 of
33		the Illinois State Auditing Act, as amended, deem necessary or
34		desirable for the specific purposes contemplated in Sections 2
35		through 8 of this Act.

1		(b) Proceeds from the sale of Bonds for the purpose of
2		development of coal and alternative forms of energy shall be
3		expended in such amounts and at such times as the Department of
4		Commerce and Economic Opportunty Community Affairs, with the
5		advice and recommendation of the Illinois Coal Development
6		Board for coal development projects, may deem necessary and
7		desirable for the specific purpose contemplated by Section 7 of
8		this Act. In considering the approval of projects to be funded,
9		the Department of Commerce and Economic Opportunity Community
10		Affairs shall give special consideration to projects designed
11		to remove sulfur and other pollutants in the preparation and
12		utilization of coal, and in the use and operation of electric
13		utility generating plants and industrial facilities which
14		utilize Illinois coal as their primary source of fuel.
15		(c) Any monies received by any officer or employee of the
16		state representing a reimbursement of expenditures previously
17		paid from general obligation bond proceeds shall be deposited
18		into the General Obligation Bond Retirement and Interest Fund
19		authorized in Section 14 of this Act.
20		(Source: P.A. 93-2, eff. 4-7-03; revised 12-6-03.)
21		(30 ILCS 330/14) (from Ch. 127, par. 664)
22		Sec. 14. Repayment.
23		(a) To provide for the manner of repayment of Bonds, the
24		Governor shall include an appropriation in each annual State
25		Budget of monies in such amount as shall be necessary and
26		sufficient, for the period covered by such budget, to pay the
27		interest, as it shall accrue, on all Bonds issued under this
28		Act, to pay and discharge the principal of such Bonds as shall,
29		by their terms, fall due during such period, and to pay a
30		premium, if any, on Bonds to be redeemed prior to the maturity
31		date. Amounts included in such appropriations for the payment
32		of interest on variable rate bonds shall be the maximum amounts
33		of interest that may be payable for the period covered by the
34		budget, after taking into account any credits permitted in the
35		related indenture or other instrument against the amount of

1		such interest required to be appropriated for such period.
2		Amounts included in such appropriations for the payment of
3		interest shall include the amounts certified by the Director of
4		the Governor's Office of Management and Budget Bureau of the
5		Budget under subsection (b) of Section 9 of this Act.
6		(b) A separate fund in the State Treasury called the
7		"General Obligation Bond Retirement and Interest Fund" is
8		hereby created.
9		(c) The General Assembly shall annually make
10		appropriations to pay the principal of, interest on, and
11		premium, if any, on Bonds sold under this Act from the General
12		Obligation Bond Retirement and Interest Fund. Amounts included
13		in such appropriations for the payment of interest on variable
14		rate bonds shall be the maximum amounts of interest that may be
15		payable during the fiscal year, after taking into account any
16		credits permitted in the related indenture or other instrument
17		against the amount of such interest required to be appropriated
18		for such period. Amounts included in such appropriations for
19		the payment of interest shall include the amounts certified by
20		the Director of the Governor's Office of Management and Budget
21		Bureau of the Budget under subsection (b) of Section 9 of this
22		Act.
23		If for any reason there are insufficient funds in either
24		the General Revenue Fund or the Road Fund to make transfers to
25		the General Obligation Bond Retirement and Interest Fund as
26		required by Section 15 of this Act, or if for any reason the
27		General Assembly fails to make appropriations sufficient to pay
28		the principal of, interest on, and premium, if any, on the
29		Bonds, as the same by their terms shall become due, this Act
30		shall constitute an irrevocable and continuing appropriation
31		of all amounts necessary for that purpose, and the irrevocable
32		and continuing authority for and direction to the State
33		Treasurer and the Comptroller to make the necessary transfers,
34		as directed by the Governor, out of and disbursements from the
35		revenues and funds of the State.
36		(d) If, because of insufficient funds in either the General

1		Revenue Fund or the Road Fund, monies have been transferred to
2		the General Obligation Bond Retirement and Interest Fund, as
3		required by subsection (c) of this Section, this Act shall
4		constitute the irrevocable and continuing authority for and
5		direction to the State Treasurer and Comptroller to reimburse
6		these funds of the State from the General Revenue Fund or the
7		Road Fund, as appropriate, by transferring, at such times and
8		in such amounts, as directed by the Governor, an amount to
9		these funds equal to that transferred from them.
10		(Source: P.A. 93-9, eff. 6-3-03; revised 8-23-03.)
11		(30 ILCS 330/15) (from Ch. 127, par. 665)
12		Sec. 15. Computation of Principal and Interest; transfers.
13		(a) Upon each delivery of Bonds authorized to be issued
14		under this Act, the Comptroller shall compute and certify to
15		the Treasurer the total amount of principal of, interest on,
16		and premium, if any, on Bonds issued that will be payable in
17		order to retire such Bonds and the amount of principal of,
18		interest on and premium, if any, on such Bonds that will be
19		payable on each payment date according to the tenor of such
20		Bonds during the then current and each succeeding fiscal year.
21		With respect to the interest payable on variable rate bonds,
22		such certifications shall be calculated at the maximum rate of
23		interest that may be payable during the fiscal year, after
24		taking into account any credits permitted in the related
25		indenture or other instrument against the amount of such
26		interest required to be appropriated for such period pursuant
27		to subsection (c) of Section 14 of this Act. With respect to
28		the interest payable, such certifications shall include the
29		amounts certified by the Director of the Governor's Office of
30		Management and Budget Bureau of the Budget under subsection (b)
31		of Section 9 of this Act.
32		On or before the last day of each month the State Treasurer
33		and Comptroller shall transfer from (1) the Road Fund with
34		respect to Bonds issued under paragraph (a) of Section 4 of
35		this Act or Bonds issued for the purpose of refunding such

1		bonds, and from (2) the General Revenue Fund, with respect to
2		all other Bonds issued under this Act, to the General
3		Obligation Bond Retirement and Interest Fund an amount
4		sufficient to pay the aggregate of the principal of, interest
5		on, and premium, if any, on Bonds payable, by their terms on
6		the next payment date divided by the number of full calendar
7		months between the date of such Bonds and the first such
8		payment date, and thereafter, divided by the number of months
9		between each succeeding payment date after the first. Such
10		computations and transfers shall be made for each series of
11		Bonds issued and delivered. Interest payable on variable rate
12		bonds shall be calculated at the maximum rate of interest that
13		may be payable for the relevant period, after taking into
14		account any credits permitted in the related indenture or other
15		instrument against the amount of such interest required to be
16		appropriated for such period pursuant to subsection (c) of
17		Section 14 of this Act. Computations of interest shall include
18		the amounts certified by the Director of the Governor's Office
19		of Management and Budget Bureau of the Budget under subsection
20		(b) of Section 9 of this Act. Interest for which moneys have
21		already been deposited into the capitalized interest account
22		within the General Obligation Bond Retirement and Interest Fund
23		shall not be included in the calculation of the amounts to be
24		transferred under this subsection.
25		The transfer of monies herein and above directed is not
26		required if monies in the General Obligation Bond Retirement
27		and Interest Fund are more than the amount otherwise to be
28		transferred as herein above provided, and if the Governor or
29		his authorized representative notifies the State Treasurer and
30		Comptroller of such fact in writing.
31		(b) After the effective date of this Act, the balance of,
32		and monies directed to be included in the Capital Development
33		Bond Retirement and Interest Fund, Anti-Pollution Bond
34		Retirement and Interest Fund, Transportation Bond, Series A
35		Retirement and Interest Fund, Transportation Bond, Series B
36		Retirement and Interest Fund, and Coal Development Bond

1		Retirement and Interest Fund shall be transferred to and
2		deposited in the General Obligation Bond Retirement and
3		Interest Fund. This Fund shall be used to make debt service
4		payments on the State's general obligation Bonds heretofore
5		issued which are now outstanding and payable from the Funds
6		herein listed as well as on Bonds issued under this Act.
7		(c) The unused portion of federal funds received for a
8		capital facilities project, as authorized by Section 3 of this
9		Act, for which monies from the Capital Development Fund have
10		been expended shall be deposited upon completion of the project
11		in the General Obligation Bond Retirement and Interest Fund.
12		Any federal funds received as reimbursement for the completed
13		construction of a capital facilities project, as authorized by
14		Section 3 of this Act, for which monies from the Capital
15		Development Fund have been expended shall be deposited in the
16		General Obligation Bond Retirement and Interest Fund.
17		(Source: P.A. 93-2, eff. 4-7-03; 93-9, eff. 6-3-03; revised
18		8-23-03.)
19		(30 ILCS 330/16) (from Ch. 127, par. 666)
20		Sec. 16. Refunding Bonds. The State of Illinois is
21		authorized to issue, sell, and provide for the retirement of
22		General Obligation Bonds of the State of Illinois in the amount
23		of $2,839,025,000, at any time and from time to time
24		outstanding, for the purpose of refunding any State of Illinois
25		general obligation Bonds then outstanding, including the
26		payment of any redemption premium thereon, any reasonable
27		expenses of such refunding, any interest accrued or to accrue
28		to the earliest or any subsequent date of redemption or
29		maturity of such outstanding Bonds and any interest to accrue
30		to the first interest payment on the refunding Bonds; provided
31		that such refunding Bonds shall mature no later than the final
32		maturity date of Bonds being refunded.
33		Refunding Bonds may be sold from time to time pursuant to
34		notice of sale and public bid or by negotiated sale in such
35		amounts and at such times, as directed by the Governor, upon

1		recommendation by the Director of the Governor's Office of
2		Management and Budget Bureau of the Budget. The Governor shall
3		notify the State Treasurer and Comptroller of such refunding.
4		The proceeds received from the sale of refunding Bonds shall be
5		used for the retirement at maturity or redemption of such
6		outstanding Bonds on any maturity or redemption date and,
7		pending such use, shall be placed in escrow, subject to such
8		terms and conditions as shall be provided for in the Bond Sale
9		Order relating to the Refunding Bonds. Proceeds not needed for
10		deposit in an escrow account shall be deposited in the General
11		Obligation Bond Retirement and Interest Fund. This Act shall
12		constitute an irrevocable and continuing appropriation of all
13		amounts necessary to establish an escrow account for the
14		purpose of refunding outstanding general obligation Bonds and
15		to pay the reasonable expenses of such refunding and of the
16		issuance and sale of the refunding Bonds. Any such escrowed
17		proceeds may be invested and reinvested in direct obligations
18		of the United States of America, maturing at such time or times
19		as shall be appropriate to assure the prompt payment, when due,
20		of the principal of and interest and redemption premium, if
21		any, on the refunded Bonds. After the terms of the escrow have
22		been fully satisfied, any remaining balance of such proceeds
23		and interest, income and profits earned or realized on the
24		investments thereof shall be paid into the General Revenue
25		Fund. The liability of the State upon the Bonds shall continue,
26		provided that the holders thereof shall thereafter be entitled
27		to payment only out of the moneys deposited in the escrow
28		account.
29		Except as otherwise herein provided in this Section, such
30		refunding Bonds shall in all other respects be subject to the
31		terms and conditions of this Act.
32		(Source: P.A. 91-39, eff. 6-15-99; 91-53, eff. 6-30-99; 91-710,
33		eff. 5-17-00; revised 8-23-03.)

34		Section 375. The Short Term Borrowing Act is amended by
35		changing Section 2 as follows:

1		(30 ILCS 340/2) (from Ch. 120, par. 407)
2		Sec. 2. Sale of certificates. For borrowing authorized
3		under Sections 1 and 1.1 of this Act, certificates may be
4		issued and sold from time to time, in one or more series, in
5		amounts, at prices and at interest rates, all as directed by
6		the Governor, Comptroller, and Treasurer. Bidders shall submit
7		sealed bids to the Director of the Governor's Office of
8		Management and Budget Bureau of the Budget upon such terms as
9		shall be approved by the Governor, Comptroller, and Treasurer
10		after such notice as shall be determined to be reasonable by
11		the Director of the Governor's Office of Management and Budget
12		Bureau of the Budget. The loan shall be awarded to the bidder
13		offering the lowest effective rate of interest not exceeding
14		the maximum rate authorized by the Bond Authorization Act as
15		amended at the time of the making of the contract.
16		With respect to instruments for the payment of money issued
17		under this Section either before, on, or after the effective
18		date of this amendatory Act of 1989, it is and always has been
19		the intention of the General Assembly (i) that the Omnibus Bond
20		Acts are and always have been supplementary grants of power to
21		issue instruments in accordance with the Omnibus Bond Acts,
22		regardless of any provision of this Act that may appear to be
23		or to have been more restrictive than those Acts, (ii) that the
24		provisions of this Section are not a limitation on the
25		supplementary authority granted by the Omnibus Bond Acts, and
26		(iii) that instruments issued under this Section within the
27		supplementary authority granted by the Omnibus Bond Acts are
28		not invalid because of any provision of this Act that may
29		appear to be or to have been more restrictive than those Acts.
30		(Source: P.A. 88-669, eff. 11-29-94; revised 8-23-03.)

31		Section 380. The Medicaid Liability Liquidity Borrowing
32		Act is amended by changing Section 10 as follows:
33		(30 ILCS 342/10)

1		Sec. 10. Advertising for loan. Whenever the borrowing of
2		money under Section 5 is contemplated, it is the duty of the
3		Director of the Governor's Office of Management and Budget
4		Bureau of the Budget acting at the direction of the Governor to
5		advertise for proposals for the loan in the manner that is
6		determined by the Director of the Governor's Office of
7		Management and Budget Bureau of the Budget to give reasonable
8		notice of the request for proposals. The advertisements shall
9		set forth the amount of debt proposed to be contracted and the
10		time and place for the payment of the principal and interest.
11		The loan shall be awarded to the person or persons agreeing to
12		take it at the lowest rate of interest not exceeding the
13		maximum rate authorized by the Bond Authorization Act, as
14		amended at the time of the making of the contract.
15		(Source: P.A. 88-554, eff. 7-26-94; revised 8-23-03.)

16		Section 385. The Metropolitan Civic Center Support Act is
17		amended by changing Sections 2, 5, and 7 as follows:
18		(30 ILCS 355/2) (from Ch. 85, par. 1392)
19		Sec. 2. When used in this Act:
20		"Authority" means the River Forest Metropolitan
21		Exposition, Auditorium and Office Building Authority, the
22		Village Board of Trustees of the Village of Rosemont for the
23		sole purposes of rehabilitating, developing and making
24		improvements to the O'Hare Exposition Center, or any
25		Metropolitan Exposition Auditorium and Office Building
26		Authority, Metropolitan Exposition and Auditorium Authority or
27		Civic Center Authority created prior to the effective date of
28		this amendatory Act of 1983 or hereafter created pursuant to
29		the statutes of the State of Illinois, except those created
30		pursuant to the Metropolitan Pier and Exposition Authority Act.
31		"Bonds" means any limited obligation revenue bonds issued
32		by the Department before July 1, 1989 and by the Bureau (now
33		Office) on or after July 1, 1989 pursuant to Section 7 of this
34		Act.

1		"Bond Fund" means the Illinois Civic Center Bond Fund, as
2		provided in this Act.
3		"Bond Retirement Fund" means the Illinois Civic Center Bond
4		Retirement and Interest Fund, as provided in this Act.
5		"Bond Sale Order" means any order authorizing the issuance
6		and sale of Bonds, which order shall be approved by the
7		Director of the Governor's Office of Management and Budget
8		Bureau of the Budget.
9		"Budget Director" means the Director of the Governor's
10		Office of Management and Budget Bureau of the Budget.
11		"Bureau" means the Bureau of the Budget, (now Governor's
12		Office of Management and Budget).
13		"Department" means the Department of Commerce and Economic
14		Opportunity Community Affairs.
15		"Director" means the Director of Commerce and Economic
16		Opportunity Community Affairs.
17		"Local Bonds" means any bonds subject to State Financial
18		Support under subparagraph (i) of paragraph (b) of subsection
19		(3) of Section 4 of this Act.
20		"MEAOB Fund" means the Metropolitan Exposition, Auditorium
21		and Office Building Fund, as provided in this Act.
22		"Office" means the Governor's Office of Management and
23		Budget.
24		"State Financial Support" means either the payment of debt
25		service on bonds issued by an Authority or a unit of local
26		government or the grant to an Authority of the proceeds of
27		Bonds issued by the Department before July 1, 1989 and by the
28		Bureau (now Office) on or after July 1, 1989, all in accordance
29		with subsection (3) of Section 4 of this Act.
30		(Source: P.A. 86-44; 87-895; revised 8-23-03.)
31		(30 ILCS 355/5) (from Ch. 85, par. 1395)
32		Sec. 5. To the extent that moneys in the MEAOB Fund, in the
33		opinion of the Governor and the Director of the Governor's
34		Office of Management and Budget Bureau of the Budget, are in
35		excess of 125% of the maximum debt service in any fiscal year,

1		the Governor shall notify the Comptroller and the State
2		Treasurer of that fact, who upon receipt of such notification
3		shall transfer the excess moneys from the MEAOB Fund to the
4		General Revenue Fund.
5		(Source: P.A. 84-245; 84-1106; revised 8-23-03.)
6		(30 ILCS 355/7) (from Ch. 85, par. 1397)
7		Sec. 7. The Department before July 1, 1989 and the Bureau
8		(now Office) on and after July 1, 1989 are authorized to issue
9		and sell Bonds in the total amount outstanding at any given
10		time of $200,000,000, herein called "Bonds". Bonds may be
11		issued for advance refunding of any or all bonds issued prior
12		to July 1, 1985 by an Authority or a unit of local government
13		subject to repayment from State financial support pursuant to
14		subparagraph (i) of paragraph (b) of subsection (3) of Section
15		4 of this Act and for the purpose of providing State financial
16		support to Authorities pursuant to subparagraph (ii) of
17		paragraph (b) of subsection (3) of Section 4 of this Act.
18		Notwithstanding the foregoing, Bonds shall be issued in a total
19		amount outstanding at any given time not to exceed $10,000,000,
20		which amount is included within and is not in addition to the
21		$200,000,000 bond authorization under this Section, for the
22		purpose of making construction and improvement grants by the
23		Secretary of State, as State Librarian, to public libraries and
24		library systems, and the Secretary of State, as State
25		Librarian, is authorized to make those grants from moneys
26		appropriated for those purposes. In addition to the
27		$200,000,000 of Bonds authorized above, bonds may be issued by
28		the Bureau (now Office) on and after July 1, 1989 to refund or
29		advance refund previously issued Bonds if the Budget Director
30		determines that the refunding or advance refunding of Bonds
31		results in debt service savings to the State measured on a
32		present value basis.
33		(Source: P.A. 86-44; 86-1414; revised 8-23-03.)

34

Section 390. The School Construction Bond Act is amended by

1		changing Sections 4 and 6 as follows:
2		(30 ILCS 390/4) (from Ch. 122, par. 1204)
3		Sec. 4. The Bonds shall be issued and sold from time to
4		time in such amounts as directed by the Governor, upon
5		recommendation by the Director of the Governor's Office of
6		Management and Budget Bureau of the Budget. The Bonds shall be
7		serial bonds and shall be in such form, in the denomination of
8		$5,000 or some multiple thereof, payable within 30 years from
9		their date, bearing interest payable annually or semi-annually
10		from their date at the rate of not more than 7% per annum, and
11		be dated as shall be fixed and determined by the Director of
12		the Governor's Office of Management and Budget Bureau of the
13		Budget in the order authorizing the issuance and sale of the
14		Bonds, which order shall be approved by the Governor prior to
15		the giving of notice of the sale of any of the Bonds. Said
16		Bonds shall be payable as to both principal and interest at
17		such place or places, within or without the State of Illinois,
18		and may be made registrable as to either principal or as to
19		both principal and interest, as shall be fixed and determined
20		by the Director of the Governor's Office of Management and
21		Budget Bureau of the Budget in the order authorizing the
22		issuance and sale of such Bonds. The Bonds may be callable as
23		fixed and determined by the Director of the Governor's Office
24		of Management and Budget Bureau of the Budget in the order
25		authorizing the issuance and sale of the Bonds; provided
26		however, that the State shall not pay a premium of more than 3%
27		of the principal of any Bonds so called.
28		(Source: P.A. 78-220; revised 8-23-03.)
29		(30 ILCS 390/6) (from Ch. 122, par. 1206)
30		Sec. 6. The Bonds shall be sold from time to time by the
31		Director of the Governor's Office of Management and Budget
32		Bureau of the Budget to the highest and best bidders, for not
33		less than their par value, upon sealed bids, at not exceeding
34		the maximum interest rate fixed in the order authorizing the

1		issuance of the Bonds, provided, that at no one time shall
2		Bonds in excess of the amount of $150,000,000 be offered for
3		sale. The right to reject any and all bids may be reserved. The
4		Secretary of State shall, from time to time, as the Bonds are
5		to be sold, advertise in at least two daily newspapers, one of
6		which is published in the City of Springfield and one in the
7		City of Chicago, for proposals to purchase the Bonds. Each of
8		such advertisements for proposals shall be published once at
9		least 10 days prior to the date of the opening of the bids. The
10		executed Bonds shall, upon payment therefore, be delivered to
11		the purchaser, and the proceeds of the Bonds shall be paid into
12		the State Treasury. The proceeds of the Bonds shall be
13		deposited in a separate fund known as the "School Construction
14		Fund", which separate fund is hereby created.
15		(Source: P.A. 78-220; revised 8-23-03.)

16		Section 393. The Transportation Bond Act is amended by
17		changing Section 5 as follows:
18		(30 ILCS 415/5) (from Ch. 127, par. 705)
19		Sec. 5. Prior to January 1, 1972, the proceeds from the
20		sale of the Bonds shall be used by and under the direction of
21		the Department of Aeronautics, the Department of Commerce and
22		Community Affairs (now Department of Commerce and Economic
23		Opportunity) and the Department of Public Works and Buildings,
24		and thereafter such department or agency as shall be designated
25		by law, subject to appropriation by the General Assembly, in
26		such amounts and at such times as the respective department
27		deems necessary or desirable for the purposes provided by
28		Section 2 of this Act.
29		(Source: P.A. 81-1509; revised 12-6-03.)

30		Section 395. The Capital Development Bond Act of 1972 is
31		amended by changing Sections 4 and 6 as follows:
32		(30 ILCS 420/4) (from Ch. 127, par. 754)

1		Sec. 4. The Bonds shall be issued and sold from time to
2		time in such amounts as directed by the Governor, upon
3		recommendation by the Director of the Governor's Office of
4		Management and Budget Bureau of the Budget. The Bonds shall be
5		serial bonds and shall be in such form, in the denomination of
6		$5,000 or some multiple thereof, payable within thirty (30)
7		years from their date, bearing interest payable annually or
8		semiannually from their date at the rate of not more than seven
9		per cent (7%) per annum, and be dated as shall be fixed and
10		determined by the Director of the Governor's Office of
11		Management and Budget Bureau of the Budget in the order
12		authorizing the issuance and sale of the Bonds, which order
13		shall be approved by the Governor prior to the giving of notice
14		of the sale of any of the Bonds. Said Bonds shall be payable as
15		to both principal and interest at such place or places, within
16		or without the State of Illinois, and may be made registrable
17		as to either principal or as to both principal and interest, as
18		shall be fixed and determined by the Director of the Governor's
19		Office of Management and Budget Bureau of the Budget in the
20		order authorizing the issuance and sale of such Bonds. The
21		Bonds may be callable as fixed and determined by the Director
22		of the Governor's Office of Management and Budget Bureau of the
23		Budget in the order authorizing the issuance and sale of the
24		Bonds; provided however, that the State shall not pay a premium
25		of more than 3% of the principal of any Bonds so called.
26		(Source: P.A. 77-1916; revised 8-23-03.)
27		(30 ILCS 420/6) (from Ch. 127, par. 756)
28		Sec. 6. The Bonds shall be sold from time to time by the
29		Director of the Governor's Office of Management and Budget
30		Bureau of the Budget to the highest and best bidders, for not
31		less than their par value, upon sealed bids, at not exceeding
32		the maximum interest rate fixed in the order authorizing the
33		issuance of the Bonds, provided, that at no one time shall
34		Bonds in excess of the amount of $150,000,000 be offered for
35		sale. The right to reject any and all bids may be reserved. The

1		Secretary of State shall, from time to time, as the Bonds are
2		to be sold, advertise in at least two daily newspapers, one of
3		which is published in the City of Springfield and one in the
4		City of Chicago, for proposals to purchase the Bonds. Each of
5		such advertisements for proposals shall be published once at
6		least 10 days prior to the date of the opening of the bids. The
7		executed Bonds shall, upon payment therefor, be delivered to
8		the purchaser, and the proceeds of the Bonds shall be paid into
9		the State Treasury. The proceeds of the Bonds shall be
10		deposited in a separate fund known as the "Capital Development
11		Fund", which separate fund is hereby created.
12		(Source: P.A. 77-1916; revised 8-23-03.)

13		Section 400. The Build Illinois Bond Act is amended by
14		changing Sections 3, 6, 8, 13, and 15 as follows:
15		(30 ILCS 425/3) (from Ch. 127, par. 2803)
16		Sec. 3. Findings. The General Assembly hereby makes the
17		following findings and determinations:
18		(a) The issuance and sale of Bonds pursuant to this Act is
19		an economical and efficient method of financing certain of the
20		purposes of the State, as set forth in Section 4 hereof.
21		(b) This Act will permit the issuance of Bonds, from time
22		to time, for various purposes and with varying terms, features
23		and conditions in order to enhance marketability and lower
24		interest costs incurred by the State. Subsection (a) of Section
25		6 of this Act authorizes the issuance, from time to time, of
26		Bonds in one or more series, in such principal amounts, bearing
27		interest at such fixed rates or variable rates and having such
28		other terms and provisions as designated State officers may fix
29		and determine pursuant to the authority delegated under this
30		Act. Subsection (b) of Section 6 of this Act authorizes, in
31		connection with the issuance of and as security for any series
32		of Bonds, the purchase of bond or interest rate insurance, the
33		establishment of credit and liquidity enhancement arrangements
34		with financial institutions, and participation in interest

1		rate swaps or guarantee agreements or other arrangements to
2		limit interest rate risk.
3		(c) The financing of the facilities and other purposes
4		described in Section 4 of this Act through the issuance of
5		Bonds will involve numerous expenditures over extended periods
6		of time, all of which expenditures shall be made only pursuant
7		to and in conformity with appropriations from Bond proceeds by
8		the General Assembly prior to the making of such expenditures.
9		(d) Determinations with respect to (i) advantageous timing
10		and amounts of such expenditures for particular approved
11		facilities or purposes, (ii) establishing an advantageous mix
12		of short-term and long-term debt instruments under bond market
13		conditions prevailing from time to time, and (iii) specific
14		allocations of Bond proceeds to particular facilities and
15		purposes should be based upon financial, engineering and
16		construction management judgments made from time to time.
17		(e) The State's ability to issue Bonds from time to time,
18		without further action by the General Assembly, in separate
19		series, in various principal amounts and with various interest
20		rates, maturities, redemption provisions and other terms will
21		enhance the State's opportunities to obtain such financing as
22		needed, upon favorable terms.
23		In order to provide for flexibility in meeting the
24		financial, engineering and construction needs of the State and
25		its agencies and departments and in order to provide continuing
26		and adequate financing for the aforesaid purposes on favorable
27		terms, the delegations of authority to the Governor, the
28		Director of the Governor's Office of Management and Budget
29		Bureau of the Budget, the State Comptroller, the State
30		Treasurer and other officers of the State which are contained
31		in this Act are necessary and desirable because this General
32		Assembly cannot itself as understandingly, advantageously,
33		expeditiously or conveniently exercise such authority and make
34		such specific determinations.
35		(Source: P.A. 84-111; revised 8-23-03.)

1		(30 ILCS 425/6) (from Ch. 127, par. 2806)
2		Sec. 6. Conditions for Issuance and Sale of Bonds -
3		Requirements for Bonds - Master and Supplemental Indentures -
4		Credit and Liquidity Enhancement. (a) Bonds shall be issued and
5		sold from time to time, in one or more series, in such amounts
6		and at such prices as directed by the Governor, upon
7		recommendation by the Director of the Governor's Office of
8		Management and Budget Bureau of the Budget. Bonds shall be
9		payable only from the specific sources and secured in the
10		manner provided in this Act. Bonds shall be in such form, in
11		such denominations, mature on such dates within 30 years from
12		their date of issuance, be subject to optional or mandatory
13		redemption, bear interest payable at such times and at such
14		rate or rates, fixed or variable, and be dated as shall be
15		fixed and determined by the Director of the Governor's Office
16		of Management and Budget Bureau of the Budget in an order
17		authorizing the issuance and sale of any series of Bonds, which
18		order shall be approved by the Governor and is herein called a
19		"Bond Sale Order"; provided, however, that interest payable at
20		fixed rates shall not exceed that permitted in "An Act to
21		authorize public corporations to issue bonds, other evidences
22		of indebtedness and tax anticipation warrants subject to
23		interest rate limitations set forth therein", approved May 26,
24		1970, as now or hereafter amended, and interest payable at
25		variable rates shall not exceed the maximum rate permitted in
26		the Bond Sale Order. Said Bonds shall be payable at such place
27		or places, within or without the State of Illinois, and may be
28		made registrable as to either principal only or as to both
29		principal and interest, as shall be specified in the Bond Sale
30		Order. Bonds may be callable or subject to purchase and
31		retirement or remarketing as fixed and determined in the Bond
32		Sale Order.
33		All Bonds authorized under this Act shall be issued
34		pursuant to a master trust indenture ("Master Indenture")
35		executed and delivered on behalf of the State by the Director
36		of the Governor's Office of Management and Budget Bureau of the

1		Budget, such Master Indenture to be in substantially the form
2		approved in the Bond Sale Order authorizing the issuance and
3		sale of the initial series of Bonds issued under this Act. Such
4		initial series of Bonds may, and each subsequent series of
5		Bonds shall, also be issued pursuant to a supplemental trust
6		indenture ("Supplemental Indenture") executed and delivered on
7		behalf of the State by the Director of the Governor's Office of
8		Management and Budget Bureau of the Budget, each such
9		Supplemental Indenture to be in substantially the form approved
10		in the Bond Sale Order relating to such series. The Master
11		Indenture and any Supplemental Indenture shall be entered into
12		with a bank or trust company in the State of Illinois having
13		trust powers and possessing capital and surplus of not less
14		than $100,000,000. Such indentures shall set forth the terms
15		and conditions of the Bonds and provide for payment of and
16		security for the Bonds, including the establishment and
17		maintenance of debt service and reserve funds, and for other
18		protections for holders of the Bonds. The term "reserve funds"
19		as used in this Act shall include funds and accounts
20		established under indentures to provide for the payment of
21		principal of and premium and interest on Bonds, to provide for
22		the purchase, retirement or defeasance of Bonds, to provide for
23		fees of trustees, registrars, paying agents and other
24		fiduciaries and to provide for payment of costs of and debt
25		service payable in respect of credit or liquidity enhancement
26		arrangements, interest rate swaps or guarantees or financial
27		futures contracts and indexing and remarketing agents'
28		services.
29		In the case of any series of Bonds bearing interest at a
30		variable interest rate ("Variable Rate Bonds"), in lieu of
31		determining the rate or rates at which such series of Variable
32		Rate Bonds shall bear interest and the price or prices at which
33		such Variable Rate Bonds shall be initially sold or remarketed
34		(in the event of purchase and subsequent resale), the Bond Sale
35		Order may provide that such interest rates and prices may vary
36		from time to time depending on criteria established in such

1		Bond Sale Order, which criteria may include, without
2		limitation, references to indices or variations in interest
3		rates as may, in the judgment of a remarketing agent, be
4		necessary to cause Bonds of such series to be remarketable from
5		time to time at a price equal to their principal amount (or
6		compound accreted value in the case of original issue discount
7		Bonds), and may provide for appointment of indexing agents and
8		a bank, trust company, investment bank or other financial
9		institution to serve as remarketing agent in that connection.
10		The Bond Sale Order may provide that alternative interest rates
11		or provisions for establishing alternative interest rates,
12		different security or claim priorities or different call or
13		amortization provisions will apply during such times as Bonds
14		of any series are held by a person providing credit or
15		liquidity enhancement arrangements for such Bonds as
16		authorized in subsection (b) of Section 6 of this Act.
17		(b) In connection with the issuance of any series of Bonds,
18		the State may enter into arrangements to provide additional
19		security and liquidity for such Bonds, including, without
20		limitation, bond or interest rate insurance or letters of
21		credit, lines of credit, bond purchase contracts or other
22		arrangements whereby funds are made available to retire or
23		purchase Bonds, thereby assuring the ability of owners of the
24		Bonds to sell or redeem their Bonds. The State may enter into
25		contracts and may agree to pay fees to persons providing such
26		arrangements, but only under circumstances where the Director
27		of the Bureau of the Budget (now Governor's Office of
28		Management and Budget) certifies that he reasonably expects the
29		total interest paid or to be paid on the Bonds, together with
30		the fees for the arrangements (being treated as if interest),
31		would not, taken together, cause the Bonds to bear interest,
32		calculated to their stated maturity, at a rate in excess of the
33		rate which the Bonds would bear in the absence of such
34		arrangements. Any bonds, notes or other evidences of
35		indebtedness issued pursuant to any such arrangements for the
36		purpose of retiring and discharging outstanding Bonds shall

1		constitute refunding Bonds under Section 15 of this Act. The
2		State may participate in and enter into arrangements with
3		respect to interest rate swaps or guarantees or financial
4		futures contracts for the purpose of limiting or restricting
5		interest rate risk; provided that such arrangements shall be
6		made with or executed through banks having capital and surplus
7		of not less than $100,000,000 or insurance companies holding
8		the highest policyholder rating accorded insurers by A.M. Best &
9		amp;amp; Co. or any comparable rating service or government
10		bond dealers reporting to, trading with, and recognized as
11		primary dealers by a Federal Reserve Bank and having capital
12		and surplus of not less than $100,000,000, or other persons
13		whose debt securities are rated in the highest long-term
14		categories by both Moody's Investors' Services, Inc. and
15		Standard & Poor's Corporation. Agreements incorporating any of
16		the foregoing arrangements may be executed and delivered by the
17		Director of the Governor's Office of Management and Budget
18		Bureau of the Budget on behalf of the State in substantially
19		the form approved in the Bond Sale Order relating to such
20		Bonds.
21		(Source: P.A. 84-111; revised 8-23-03.)
22		(30 ILCS 425/8) (from Ch. 127, par. 2808)
23		Sec. 8. Sale of Bonds. Bonds shall be sold from time to
24		time pursuant to advertised notice of sale and public bid or by
25		negotiated sale as the Director of the Governor's Office of
26		Management and Budget Bureau of the Budget shall, in his sole
27		discretion, determine in order to market the Bonds in an
28		economic, effective manner. Executed Bonds shall, upon payment
29		therefor, be delivered to the purchaser, and the proceeds of
30		Bonds shall be paid into the State Treasury as directed by
31		Section 9 of this Act. The Governor or the Director of the
32		Governor's Office of Management and Budget Bureau of the Budget
33		is hereby authorized and directed to execute and deliver
34		contracts of sale with underwriters and to execute and deliver
35		such certificates, indentures, agreements and documents,

1		including any supplements or amendments thereto, and to take
2		such actions and do such things as shall be necessary or
3		desirable to carry out the purposes of this Act. Any action
4		authorized or permitted to be taken by the Director of the
5		Governor's Office of Management and Budget Bureau of the Budget
6		pursuant to this Act is hereby authorized to be taken by any
7		person specifically designated by the Governor to take such
8		action in a certificate signed by the Governor and filed with
9		the Secretary of State.
10		(Source: P.A. 84-111; revised 8-23-03.)
11		(30 ILCS 425/13) (from Ch. 127, par. 2813)
12		Sec. 13. Computation of Principal and Interest; Transfer
13		from Build Illinois Bond Account; Payment from Build Illinois
14		Bond Retirement and Interest Fund. Upon each delivery of Bonds
15		authorized to be issued under this Act, the trustee under the
16		Master Indenture shall compute and certify to the Director of
17		the Governor's Office of Management and Budget Bureau of the
18		Budget, the Comptroller and the Treasurer (a) the total amount
19		of the principal of and the interest and the premium, if any,
20		on the Bonds then being issued and on Bonds previously issued
21		and outstanding that will be payable in order to retire such
22		Bonds at their stated maturities or mandatory sinking fund
23		payment dates and (b) the amount of principal of and interest
24		and premium, if any, on such Bonds that will be payable on each
25		principal, interest and mandatory sinking fund payment date
26		according to the tenor of such Bonds during the then current
27		and each succeeding fiscal year. Such certifications shall
28		include with respect to interest payable on Variable Rate Bonds
29		the maximum amount of interest which may be payable for the
30		relevant period after taking into account any credits permitted
31		in the related indenture against the amount of such interest
32		required to be appropriated for such period pursuant to
33		subsection (c) of Section 11 of this Act.
34		On or before June 20, 1993 and on or before each June 20
35		thereafter so long as Bonds remain outstanding, the trustee

1		under the Master Indenture shall deliver to the Director of the
2		Governor's Office of Management and Budget (formerly Bureau of
3		the Budget), the Comptroller and the Treasurer a certificate
4		setting forth the "Certified Annual Debt Service Requirement"
5		(hereinafter defined) for the next succeeding fiscal year. If
6		Bonds are issued subsequent to the delivery of any such
7		certificate, upon the issuance of such Bonds the trustee under
8		the Master Indenture shall deliver a supplemental certificate
9		setting forth the revisions, if any, in the Certified Annual
10		Debt Service Requirement resulting from the issuance of such
11		Bonds. The "Certified Annual Debt Service Requirement" for any
12		fiscal year shall be an amount equal to (a) the aggregate
13		amount of principal, interest and premium, if any, payable on
14		outstanding Bonds during such fiscal year plus (b) the amount
15		required to be deposited into any reserve fund securing such
16		Bonds or for the purpose of retiring or defeasing such Bonds
17		plus (c) the amount of any deficiencies in required transfers
18		of amounts described in clauses (a) and (b) for any prior
19		fiscal year, minus (d) the amount, if any, of such interest to
20		be paid from Bond proceeds on deposit under any indenture;
21		provided, however, that interest payable on Variable Rate Bonds
22		shall be calculated at the maximum rate of interest which may
23		be payable during such fiscal year after taking into account
24		any credits permitted in the related indenture against the
25		amount of such interest required to be appropriated for such
26		period pursuant to subsection (c) of Section 11 of this Act.
27		In each month during fiscal years 1986 through 1993, the
28		State Treasurer and Comptroller shall transfer, on the last day
29		of such month, from the Build Illinois Bond Account to the
30		Build Illinois Bond Retirement and Interest Fund and shall make
31		payment from the Build Illinois Bond Retirement and Interest
32		Fund to the trustee under the Master Indenture of an amount
33		equal to 1/12 of 150% of the amount set forth below for each
34		such fiscal year, plus any cumulative deficiency in such
35		transfers and payments for prior months; provided that such
36		transfers shall commence in October, 1985 and such amounts for

1		fiscal year 1986 shall equal 1/9 of 150% of the amount set
2		forth below for such fiscal year:
12		provided that payments of such amounts from the Build Illinois
13		Bond Retirement and Interest Fund to the trustee under the
14		Master Indenture shall commence on the last day of the month in
15		which Bonds are initially issued under this Act; and, further
16		provided, that the first such payment to said trustee shall
17		equal the entire amount then on deposit in the Build Illinois
18		Bond Retirement and Interest Fund; and, further provided, that
19		the aggregate amount of transfers and payments for any such
20		fiscal year shall not exceed the amount set forth above for
21		such fiscal year.
22		In each month in which Bonds are outstanding during fiscal
23		year 1994 and each fiscal year thereafter, the State Treasurer
24		and Comptroller shall transfer, on the last day of such month,
25		from the Build Illinois Bond Account to the Build Illinois Bond
26		Retirement and Interest Fund and shall make payment from the
27		Build Illinois Bond Retirement and Interest Fund to the trustee
28		under the Master Indenture of an amount equal to the greater of
29		(a) 1/12th of 150% of the Certified Annual Debt Service
30		Requirement or (b) the Tax Act Amount (as defined in Section 3
31		of the "Retailers' Occupation Tax Act", as amended) deposited
32		in the Build Illinois Bond Account during such month, plus any
33		cumulative deficiency in such transfers and payments for prior
34		months; provided that such transfers and payments for any such
35		fiscal year shall not exceed the greater of (a) the Certified
36		Annual Debt Service Requirement or (b) the Tax Act Amount.

1		(Source: P.A. 91-53, eff. 6-30-99; revised 8-23-03.)
2		(30 ILCS 425/15) (from Ch. 127, par. 2815)
3		Sec. 15. Refunding Bonds. Refunding Bonds are hereby
4		authorized for the purpose of refunding any outstanding Bonds,
5		including the payment of any redemption premium thereon, any
6		reasonable expenses of such refunding, and any interest accrued
7		or to accrue to the earliest or any subsequent date of
8		redemption or maturity of outstanding Bonds; provided that such
9		refunding Bonds shall mature no later than the final maturity
10		date of Bonds being refunded.
11		Refunding Bonds may be sold in such amounts and at such
12		times, as directed by the Governor upon recommendation by the
13		Director of the Governor's Office of Management and Budget
14		Bureau of the Budget. The Governor shall notify the State
15		Treasurer and Comptroller of such refunding. The proceeds
16		received from the sale of refunding Bonds shall be used for the
17		retirement at maturity or redemption of such outstanding Bonds
18		on any maturity or redemption date and, pending such use, shall
19		be placed in escrow, subject to such terms and conditions as
20		shall be provided for in the Bond Sale Order relating to the
21		refunding Bonds. This Act shall constitute an irrevocable and
22		continuing appropriation of all amounts necessary to establish
23		an escrow account for the purpose of refunding outstanding
24		Bonds and to pay the reasonable expenses of such refunding and
25		of the issuance and sale of the refunding Bonds. Any such
26		escrowed proceeds may be invested and reinvested in direct
27		obligations of the United States of America, maturing at such
28		time or times as shall be appropriate to assure the prompt
29		payment, when due, of the principal of and interest and
30		redemption premium, if any, on the refunded Bonds. After the
31		terms of the escrow have been fully satisfied, any remaining
32		balance of such proceeds and interest, income and profits
33		earned or realized on the investments thereof shall be paid
34		into the General Revenue Fund. The liability of the State upon
35		the refunded Bonds shall continue, provided that the holders

1		thereof shall thereafter be entitled to payment only out of the
2		moneys deposited in the escrow account and the refunded Bonds
3		shall be deemed paid, discharged and no longer to be
4		outstanding.
5		Except as otherwise herein provided in this Section, such
6		refunding Bonds shall in all other respects be issued pursuant
7		to and subject to the terms and conditions of this Act and
8		shall be secured by and payable from only the funds and sources
9		which are provided under this Act.
10		(Source: P.A. 84-111; revised 8-23-03.)

11		Section 405. The Retirement Savings Act is amended by
12		changing Sections 4, 5, and 7 as follows:
13		(30 ILCS 430/4) (from Ch. 127, par. 3754)
14		Sec. 4. In order to provide investors with investment
15		alternatives suitable for retirement purposes, and in
16		furtherance of the public policy of this Act, bonds authorized
17		by the provisions of the General Obligation Bond Act, as now or
18		hereafter amended, in a total aggregate principal amount not to
19		exceed $300,000,000, may be issued and sold from time to time,
20		and as often as practicable, as Retirement Savings Bonds in
21		such amounts as directed by the Governor, upon recommendation
22		by the Director of the Governor's Office of Management and
23		Budget Bureau of the Budget. Bonds to be issued and sold as
24		Retirement Savings Bonds shall be designated by the Governor
25		and the Director of the Governor's Office of Management and
26		Budget Bureau of the Budget as "General Obligation Retirement
27		Savings Bonds" in the proceedings authorizing the issuance of
28		such Bonds, and shall be subject to all of the terms and
29		provisions of the General Obligation Bond Act, as now or
30		hereafter amended, except that Retirement Savings Bonds may
31		bear interest payable at such time or times and may be sold at
32		such prices and in such manner as may be determined by the
33		Governor and the Director of the Governor's Office of
34		Management and Budget Bureau of the Budget. If Retirement

1		Savings Bonds are sold at public sale, the public sale
2		procedures shall be as set forth in Section 11 of the General
3		Obligation Bond Act, as now or hereafter amended. Retirement
4		Savings Bonds may be sold at negotiated sale if the Director of
5		the Governor's Office of Management and Budget Bureau of the
6		Budget determines that a negotiated sale will result in either
7		a more efficient and economic sale of such Bonds or greater
8		access to such Bonds by investors who are residents of the
9		State of Illinois. If any Retirement Savings Bonds are sold at
10		a negotiated sale, the underwriter or underwriters to which
11		such Bonds are sold shall (a) have an established retail
12		presence in the State of Illinois or (b) in the judgment of the
13		Director of the Governor's Office of Management and Budget
14		Bureau of the Budget, have sufficient capability to make a
15		broad distribution of such Bonds to investors resident in the
16		State of Illinois. In determining the aggregate original
17		principal amount of Retirement Savings Bonds that has been
18		issued pursuant to this Act, the aggregate original principal
19		amount of such Bonds issued and sold shall be taken into
20		account. Any bond issued under this Act may be payable in one
21		payment on a fixed date, or as determined appropriate by the
22		Governor and Director of the Governor's Office of Management
23		and Budget Bureau of the Budget.
24		(Source: P.A. 86-892; revised 8-23-03.)
25		(30 ILCS 430/5) (from Ch. 127, par. 3755)
26		Sec. 5. Security of Retirement Savings Bonds. Any
27		Retirement Savings Bonds issued under the General Obligation
28		Bond Act, as now or hereafter amended, in accordance with this
29		Act shall be direct, general obligations of the State of
30		Illinois and subject to repayment as provided in the General
31		Obligation Bond Act, as now or hereafter amended; however in
32		the proceedings of the Governor and the Director of the
33		Governor's Office of Management and Budget Bureau of the Budget
34		authorizing the issuance of Retirement Savings Bonds, such
35		officials may covenant on behalf of the State with or for the

1		benefit of the holders of such Bonds as to all matters deemed
2		advisable by such officials, including the terms and conditions
3		for creating and maintaining sinking funds, reserve funds and
4		such other special funds as may be created in such proceedings,
5		separate and apart from all other funds and accounts of the
6		State, and such officials may make such other covenants as may
7		be deemed necessary or desirable to assure the prompt payment
8		of the principal of and interest on such Bonds. The transfers
9		to and appropriations from the General Obligation Bond
10		Retirement and Interest Fund required by the General Obligation
11		Bond Act, as now or hereafter amended, shall be made to and
12		from any fund or funds created pursuant to this Section for the
13		payment of the principal of and interest on any Retirement
14		Savings Bonds.
15		(Source: P.A. 86-892; revised 8-23-03.)
16		(30 ILCS 430/7) (from Ch. 127, par. 3757)
17		Sec. 7. In order to carry out the purposes of this Act, the
18		Governor and Director of the Governor's Office of Management
19		and Budget Bureau of the Budget may include within the
20		proceedings authorizing the issuance of such Bonds, provisions
21		or features deemed complementary to the purposes herein and to
22		make such Bonds attractive to investors saving for retirement
23		purposes. Such features, in the opinion of the Director of the
24		Governor's Office of Management and Budget Bureau of the
25		Budget, shall not adversely impact the State's cost of funds.
26		Since this type of retirement savings bond may not be
27		appropriate for all persons, any advertisements regarding the
28		sale of such Bonds, including bond prospectuses shall include
29		statements to the effect that (a) these bonds may not be
30		suitable for all investors and, (b) prior to purchase, it is
31		recommended that all investors consult with a qualified advisor
32		regarding the suitability of the bonds as investments for
33		retirement purposes.
34		(Source: P.A. 86-892; revised 8-23-03.)

1		Section 410. The Human Services Provider Bond Reserve
2		Payment Act is amended by changing Section 25 as follows:
3		(30 ILCS 435/25)
4		Sec. 25. Report. By November 1 of each year, every State
5		agency shall report to the Governor's Office of Management and
6		Budget Bureau of the Budget and the Auditor General any direct
7		payment to a bond paying agent made by the agency under this
8		Act during the previous fiscal year.
9		(Source: P.A. 88-117; revised 8-23-03.)

10		Section 415. The Business Enterprise for Minorities,
11		Females, and Persons with Disabilities Act is amended by
12		changing Section 5 as follows:
13		(30 ILCS 575/5) (from Ch. 127, par. 132.605)
14		(Section scheduled to be repealed on September 6, 2004)
15		Sec. 5. Business Enterprise Council.
16		(1) To help implement, monitor and enforce the goals of
17		this Act, there is created the Business Enterprise Council for
18		Minorities, Females, and Persons with Disabilities,
19		hereinafter referred to as the Council, composed of the
20		Secretary of Human Services and the Directors of the Department
21		of Human Rights, the Department of Commerce and Economic
22		Opportunity Community Affairs, the Department of Central
23		Management Services, the Department of Transportation and the
24		Capital Development Board, or their duly appointed
25		representatives. Ten individuals representing businesses that
26		are minority or female owned or owned by persons with
27		disabilities, 2 individuals representing the business
28		community, and a representative of public universities shall be
29		appointed by the Governor. These members shall serve 2 year
30		terms and shall be eligible for reappointment. Any vacancy
31		occurring on the Council shall also be filled by the Governor.
32		Any member appointed to fill a vacancy occurring prior to the
33		expiration of the term for which his predecessor was appointed

1		shall be appointed for the remainder of such term. Members of
2		the Council shall serve without compensation but shall be
3		reimbursed for any ordinary and necessary expenses incurred in
4		the performance of their duties.
5		The Director of the Department of Central Management
6		Services shall serve as the Council chairperson and shall
7		select, subject to approval of the council, a Secretary
8		responsible for the operation of the program who shall serve as
9		the Division Manager of the Business Enterprise for Minorities,
10		Females, and Persons with Disabilities Division of the
11		Department of Central Management Services.
12		The Director of each State agency and the chief executive
13		officer of each State university shall appoint a liaison to the
14		Council. The liaison shall be responsible for submitting to the
15		Council any reports and documents necessary under this Act.
16		(2) The Council's authority and responsibility shall be to:
17		(a) Devise a certification procedure to assure that
18		businesses taking advantage of this Act are legitimately
19		classified as businesses owned by minorities, females, or
20		persons with disabilities.
21		(b) Maintain a list of all businesses legitimately
22		classified as businesses owned by minorities, females, or
23		persons with disabilities to provide to State agencies and
24		State universities.
25		(c) Review rules and regulations for the
26		implementation of the program for businesses owned by
27		minorities, females, and persons with disabilities.
28		(d) Review compliance plans submitted by each State
29		agency and State university pursuant to this Act.
30		(e) Make annual reports as provided in Section 8f to
31		the Governor and the General Assembly on the status of the
32		program.
33		(f) Serve as a central clearinghouse for information on
34		State contracts, including the maintenance of a list of all
35		pending State contracts upon which businesses owned by
36		minorities, females, and persons with disabilities may

1		bid. At the Council's discretion, maintenance of the list
2		may include 24-hour electronic access to the list along
3		with the bid and application information.
4		(g) Establish a toll free telephone number to
5		facilitate information requests concerning the
6		certification process and pending contracts.
7		(3) No premium bond rate of a surety company for a bond
8		required of a business owned by a minority, female, or person
9		with a disability bidding for a State contract shall be higher
10		than the lowest rate charged by that surety company for a
11		similar bond in the same classification of work that would be
12		written for a business not owned by a minority, female, or
13		person with a disability.
14		(4) Any Council member who has direct financial or personal
15		interest in any measure pending before the Council shall
16		disclose this fact to the Council and refrain from
17		participating in the determination upon such measure.
18		(5) The Secretary shall have the following duties and
19		responsibilities:
20		(a) To be responsible for the day-to-day operation of
21		the Council.
22		(b) To serve as a coordinator for all of the State's
23		programs for businesses owned by minorities, females, and
24		persons with disabilities and as the information and
25		referral center for all State initiatives for businesses
26		owned by minorities, females, and persons with
27		disabilities.
28		(c) To establish an enforcement procedure whereby the
29		Council may recommend to the appropriate State legal
30		officer that the State exercise its legal remedies which
31		shall include (1) termination of the contract involved, (2)
32		prohibition of participation by the respondent in public
33		contracts for a period not to exceed one year, (3)
34		imposition of a penalty not to exceed any profit acquired
35		as a result of violation, or (4) any combination thereof.
36		Such procedures shall require prior approval by Council.

1		(d) To devise appropriate policies, regulations and
2		procedures for including participation by businesses owned
3		by minorities, females, and persons with disabilities as
4		prime contractors including, but not limited to, (i)
5		encouraging the inclusions of qualified businesses owned
6		by minorities, females, and persons with disabilities on
7		solicitation lists, (ii) investigating the potential of
8		blanket bonding programs for small construction jobs,
9		(iii) investigating and making recommendations concerning
10		the use of the sheltered market process.
11		(e) To devise procedures for the waiver of the
12		participation goals in appropriate circumstances.
13		(f) To accept donations and, with the approval of the
14		Council or the Director of Central Management Services,
15		grants related to the purposes of this Act; to conduct
16		seminars related to the purpose of this Act and to charge
17		reasonable registration fees; and to sell directories,
18		vendor lists and other such information to interested
19		parties, except that forms necessary to become eligible for
20		the program shall be provided free of charge to a business
21		or individual applying for the program.
22		(Source: P.A. 88-377; 88-597, eff. 8-28-94; 89-507, eff.
23		7-1-97; revised 12-6-03.)

24		Section 420. The Rural Economic Development Act is amended
25		by changing Sections 2-2, 2-3, and 2-4 as follows:
26		(30 ILCS 710/2-2) (from Ch. 5, par. 2202-2)
27		Sec. 2-2. The Department of Commerce and Economic
28		Opportunity Community Affairs shall administer programs
29		providing financial assistance in the form of interest
30		subsidies or other forms as allowed by federal law or
31		regulation, court order, or federal administrative order, to
32		individuals and small businesses in rural areas served by rural
33		electric cooperatives for weatherization and energy
34		conservation purposes.

1		For purposes of this Act, weatherization shall include, but
2		not be limited to, insulation, caulking, or weather stripping,
3		adding storm doors or storm windows, repairing or replacing
4		broken windows or doors, cleaning and minor repairs of heating
5		systems, and installation of set-back thermostats.
6		The Department of Commerce and Economic Opportunity
7		Community Affairs shall administer the interest subsidy
8		program directed to assist individual consumers. The financial
9		assistance for individuals shall not exceed $2,000 and may be
10		extended to individuals whose household gross income does not
11		exceed 150 percent of the area median income as defined by the
12		U.S. Department of Housing and Urban Development.
13		Each Department administering a program under this Section
14		shall develop the application procedures and terms of the
15		assistance. Each Department shall make use of existing
16		administrative procedures where such procedures are
17		applicable.
18		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
19		(30 ILCS 710/2-3) (from Ch. 5, par. 2202-3)
20		Sec. 2-3. The Department of Commerce and Economic
21		Opportunity Community Affairs shall administer a program
22		demonstrating various alternative energy or energy
23		conservation technologies appropriate for the rural areas of
24		the State. Alternative energy shall include, but not be limited
25		to, solar heating and cooling systems, photovoltaic systems,
26		bioconversion, geothermal recycling and reuse of waste heat or
27		energy, utilization of methane gas derived from industrial and
28		agricultural by-products and other technologies identified by
29		the Department.
30		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
31		(30 ILCS 710/2-4) (from Ch. 5, par. 2202-4)
32		Sec. 2-4. The Department of Commerce and Economic
33		Opportunity Community Affairs shall provide educational
34		materials, information and technical assistance to support

1		energy conservation education programs designed to assist
2		Illinois' rural population in dealing with economic problems
3		due to high energy costs.
4		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

5		Section 425. The Industrial Development Assistance Law is
6		amended by changing Sections 2 and 3 as follows:
7		(30 ILCS 720/2) (from Ch. 85, par. 892)
8		Sec. 2. Declaration of policy. The General Assembly finds
9		and declares as follows:
10		(A) That the health, safety, morals and general welfare of
11		the people of this State are directly dependent upon the
12		continual encouragement, development, growth and expansion of
13		business, industry and commerce within the State.
14		(B) That unemployment, the spread of indigency, the heavy
15		burden of public assistance and unemployment compensation can
16		best be avoided by the promotion, attraction, stimulation,
17		development and expansion of business, industry and commerce in
18		the State.
19		Therefore, it is declared to be the policy of this State to
20		promote the health, safety, morals and general welfare of its
21		inhabitants through its Department of Commerce and Economic
22		Opportunity Community Affairs by means of grants to be made to
23		industrial development agencies which are or may be engaged in
24		planning and promoting programs designed to stimulate the
25		establishment of new or enlarged industrial, commercial and
26		manufacturing enterprises within the counties served by such
27		agencies.
28		(Source: P.A. 81-1509; revised 12-6-03.)
29		(30 ILCS 720/3) (from Ch. 85, par. 893)
30		Sec. 3. Definitions. "Department" means the Department of
31		Commerce and Economic Opportunity Community Affairs.
32		"Governing bodies" means, as to any county, municipality or
33		township, the body empowered to enact ordinances or to adopt

1		resolutions for the governance of such county, municipality or
2		township.
3		"Industrial development agency" means any nonprofit
4		corporation, organization, association or agency which shall
5		be designated by proper resolution of the governing body of any
6		county, concurred in by resolution of the governing bodies of
7		municipalities or townships within said county having in the
8		aggregate over 50% of the population of said county, as
9		determined by the last preceding decennial United States
10		Census, as the agency authorized to make application to and
11		receive grants from the Department of Commerce and Economic
12		Opportunity Community Affairs for the purposes specified in
13		this Act. Any two or more counties may, by the procedures
14		provided in this Act, designate a single industrial development
15		agency to represent such counties for the purposes of this Act.
16		(Source: P.A. 81-1509; revised 12-6-03.)

17		Section 430. The Comprehensive Solar Energy Act of 1977 is
18		amended by changing Section 1.2 as follows:
19		(30 ILCS 725/1.2) (from Ch. 96 1/2, par. 7303)
20		Sec. 1.2. Definitions. As used in this Act:
21		(a) "Solar Energy" means radiant energy received from the
22		sun at wave lengths suitable for heat transfer, photosynthetic
23		use, or photovoltaic use.
24		(b) "Solar collector" means
25		(1) An assembly, structure, or design, including
26		passive elements, used for gathering, concentrating, or
27		absorbing direct or indirect solar energy, specially
28		designed for holding a substantial amount of useful thermal
29		energy and to transfer that energy to a gas, solid, or
30		liquid or to use that energy directly; or
31		(2) A mechanism that absorbs solar energy and converts
32		it into electricity; or
33		(3) A mechanism or process used for gathering solar
34		energy through wind or thermal gradients; or

1		(4) A component used to transfer thermal energy to a
2		gas, solid, or liquid, or to convert it into electricity.
3		(c) "Solar storage mechanism" means equipment or elements
4		(such as piping and transfer mechanisms, containers, heat
5		exchangers, or controls thereof, and gases, solids, liquids, or
6		combinations thereof) that are utilized for storing solar
7		energy, gathered by a solar collector, for subsequent use.
8		(d) "Solar energy system" means
9		(1) (a) A complete assembly, structure, or design of a
10		solar collector, or a solar storage mechanism, which uses
11		solar energy for generating electricity or for heating or
12		cooling gases, solids, liquids, or other materials;
13		(b) The design, materials, or elements of a system and
14		its maintenance, operation, and labor components, and the
15		necessary components, if any, of supplemental conventional
16		energy systems designed or constructed to interface with a
17		solar energy system; and
18		(c) Any legal, financial, or institutional orders,
19		certificates, or mechanisms, including easements, leases,
20		and agreements, required to ensure continued access to
21		solar energy, its source, or its use in a solar energy
22		system, and including monitoring and educational elements
23		of a demonstration project.
24		(2) "Solar energy system" does not include
25		(a) Distribution equipment that is equally usable
26		in a conventional energy system except for such
27		components of such equipment as are necessary for
28		meeting the requirements of efficient solar energy
29		utilization; and
30		(b) Components of a solar energy system that serve
31		structural, insulating, protective, shading,
32		aesthetic, or other non-solar energy utilization
33		purposes, as defined in the regulations of the
34		Department; and
35		(c) Any facilities of a public utility used to
36		transmit or distribute gas or electricity.

1		(e) "Solar Skyspace" means
2		(1) The maximum three dimensional space extending from
3		a solar energy collector to all positions of the sun
4		necessary for efficient use of the collector.
5		(2) Where a solar energy system is used for heating
6		purposes only, "solar skyspace" means the maximum three
7		dimensional space extending from a solar energy collector
8		to all positions of the sun between 9 a.m. and 3 p.m. Local
9		Apparent Time from September 22 through March 22 of each
10		year.
11		(3) Where a solar energy system is used for cooling
12		purposes only, "solar skyspace" means the maximum three
13		dimensional space extending from a solar energy collector
14		to all positions of the sun between 8 a.m. and 4 p.m. Local
15		Apparent Time from March 23 through September 21.
16		(f) "Solar skyspace easement" means
17		(1) a right, whether or not stated in the form of a
18		restriction, easement, covenant, or condition, in any
19		deed, will, or other instrument executed by or on behalf of
20		any owner of land or solar skyspace or in any order of
21		taking, appropriate to protect the solar skyspace of a
22		solar collector at a particularly described location to
23		forbid or limit any or all of the following where
24		detrimental to access to solar energy.
25		(a) structures on or above ground;
26		(b) vegetation on or above the ground; or
27		(c) other activity;
28		(2) and which shall specifically describe a solar
29		skyspace in three dimensional terms in which the activity,
30		structures, or vegetation are forbidden or limited or in
31		which such an easement shall set performance criteria for
32		adequate collection of solar energy at a particular
33		location.
34		(g) "Conventional Energy System" shall mean an energy
35		system utilizing fossil fuel, nuclear or hydroelectric energy
36		and the components of such system, including transmission

1		lines, burners, furnaces, tanks, boilers, related controls,
2		distribution systems, room or area units and other components.
3		(h) "Supplemental Conventional Energy System" shall mean a
4		conventional energy system utilized for providing energy in
5		conjunction with a solar energy system that provides not less
6		than ten percent of the energy for the particular end use.
7		"Supplemental Conventional Energy System" does not include any
8		facilities of a public utility used to produce, transmit,
9		distribute or store gas or electricity.
10		(i) "Joint Solar Energy System" shall mean a solar energy
11		system that supplies energy for structures or processes on more
12		than one lot or in more than one condominium unit or leasehold,
13		but not to the general public and involving at least two owners
14		or users.
15		(j) "Unit of Local Government" shall mean county,
16		municipality, township, special districts, including school
17		districts, and units designated as units of local government by
18		law, which exercise limited governmental powers.
19		(k) "Department" means the Illinois Department of Commerce
20		and Economic Opportunity Community Affairs or its successor
21		agency.
22		(l) "Public Energy Supplier" shall mean
23		(1) A public utility as defined in an Act concerning
24		Public Utilities, approved June 29, 1921, as amended; or
25		(2) A public utility that is owned or operated by any
26		political subdivision or municipal corporation of this
27		State, or owned by such political subdivision or municipal
28		corporation and operated by any of its lessees or operating
29		agents; or
30		(3) An electric cooperative as defined in Section 10.19
31		of An Act concerning Public Utilities, approved June 29,
32		1921, as amended.
33		(m) "Energy Use Sites" shall mean sites where energy is or
34		may be used or consumed for generating electricity or for
35		heating or cooling gases, solids, liquids, or other materials
36		and where solar energy may be used cost effectively, as defined

1		in the regulations of the Department, consistent with the
2		purposes of this Act.
3		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

4		Section 435. The Illinois Coal Technology Development
5		Assistance Act is amended by changing Section 2 as follows:
6		(30 ILCS 730/2) (from Ch. 96 1/2, par. 8202)
7		Sec. 2. As used in this Act:
8		(a) "coal" or "coal resources" means Illinois coal or coal
9		products extracted from the ground or reclaimed from the waste
10		material produced by coal extraction operations;
11		(b) "coal demonstration and commercialization" means
12		projects for the construction and operation of facilities to
13		prove the scientific and engineering validity or the commercial
14		application of a coal extraction, preparation, combustion,
15		gasification, liquefaction or other synthetic process,
16		environmental control, or transportation method;
17		(c) "coal research" means scientific investigations
18		conducted for the purpose of increasing the utilization of coal
19		resources and includes investigations in the areas of
20		extraction, preparation, characterization, combustion,
21		gasification, liquefaction and other synthetic processes,
22		environmental control, marketing, transportation, procurement
23		of sites, and environmental impacts;
24		(d) "Fund" means the Coal Technology Development
25		Assistance Fund;
26		(e) "Board" means the Illinois Coal Development Board or
27		its successor;
28		(f) "Department" means the Department of Commerce and
29		Economic Opportunity Community Affairs;
30		(g) "public awareness and education" means programs of
31		education, curriculum development, public service
32		announcements, informational advertising and informing the
33		news media on issues related to the use of Illinois coal, the
34		coal industry and related developments. Public awareness and

1		education shall be directed toward school age residents of the
2		State, the citizens of the State and other interested parties.
3		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

4		Section 440. The Build Illinois Act is amended by changing
5		Sections 8-2, 9-2, 9-3, 9-4.1, 9-5.1, 9-11, 10-2, and 11-2 as
6		follows:
7		(30 ILCS 750/8-2) (from Ch. 127, par. 2708-2)
8		Sec. 8-2. Definitions. As used in this Article:
9		(a) "Department" means the Illinois Department of Commerce
10		and Economic Opportunity Community Affairs.
11		(b) "Local government" means any unit of local government
12		as defined in Article VII, Section 1 of the 1970 Illinois
13		Constitution.
14		(c) "Business retention, development or expansion project"
15		means the expansion of an existing, for-profit commercial,
16		industrial, manufacturing, scientific, agricultural or service
17		business within Illinois, or the establishment of a new such
18		business on a site within Illinois, so long as the business to
19		be established is not relocating from another site within the
20		State, unless the relocation of such a business will result in
21		a substantial increase in employment or retention of an
22		existing such business.
23		(d) "Public infrastructure" means local roads and streets,
24		access roads, bridges, and sidewalks; waste disposal systems;
25		water and sewer line extensions and water distribution and
26		purification facilities, and sewage treatment facilities; rail
27		or air or water port improvements; gas and electric utility
28		facilities; transit capital facilities; development and
29		improvement of publicly owned industrial and commercial sites,
30		or other public capital improvements which are an essential
31		precondition to a business retention, development or expansion
32		project for the purposes of the Business Development Public
33		Infrastructure Loan and Grant Program. "Public Infrastructure"
34		also means capital acquisitions, construction, and

1		improvements to other local facilities and sites, and
2		associated permanent furnishings and equipment that are a
3		necessary precondition to local health, safety and economic
4		development for purposes of the Affordable Financing of Public
5		Infrastructure Loan and Grant Program.
6		(e) "Local public entity" means any entity as defined by
7		Section 1-206 of the Local Governmental and Governmental
8		Employees Tort Immunity Act.
9		(f) "Medical facility" and "public health clinic" mean any
10		entity as defined by subsections (a) and (c), respectively, of
11		Section 6-101 of the Local Governmental and Governmental
12		Employees Tort Immunity Act.
13		(Source: P.A. 88-453; revised 12-6-03.)
14		(30 ILCS 750/9-2) (from Ch. 127, par. 2709-2)
15		Sec. 9-2. Definitions. The following terms, whenever used
16		or referred to in this Article, shall have the following
17		meanings ascribed to them, except where the context clearly
18		requires otherwise:
19		(a) "Financial intermediary" means a community development
20		corporation, a state development credit corporation, a
21		development authority authorized to do business by an act of
22		this State, or other public or private financing institution
23		approved by the Department whose purpose includes financing,
24		promoting, or encouraging economic development.
25		(b) "Participating lender" means any trust company, bank,
26		savings bank, credit union, merchant bank, investment bank,
27		broker, investment trust, pension fund, building and loan
28		association, savings and loan association, insurance company,
29		venture capital company or other institution approved by the
30		Department which assumes a portion of the financing for a
31		business project.
32		(c) "Department" means the Illinois Department of Commerce
33		and Economic Opportunity Community Affairs.
34		(d) "Small business" means any for-profit business in
35		Illinois including, but not limited to, any sole

1		proprietorship, partnership, corporation, joint venture,
2		association or cooperative, which has, including its
3		affiliates, less than 500 full time employees, or is determined
4		by the Department to be not dominant in its field.
5		Business concerns are affiliates of one another when either
6		directly or indirectly (i) one concern controls or has the
7		power to control the other, or (ii) a third party or parties
8		controls or has the power to control both. Control can be
9		exercised through common ownership, common management and
10		contractual relationships.
11		(e) "Qualified security" means any note, stock,
12		convertible security, treasury stock, bond, debenture,
13		evidence of indebtedness, limited partnership interest,
14		certificate of interest or participation in any profit-sharing
15		agreement, preorganization certificate or subscription,
16		transferable share, investment contract, certificate of
17		deposit for a security, certificate of interest or
18		participation in a patent or application therefor, or in
19		royalty or other payments under such a patent or application,
20		or, in general, any interest or instrument commonly known as a
21		"security" or any certificate for, receipt for, guarantee of,
22		or option, warrant or right to subscribe to or purchase any of
23		the foregoing, but not including any instrument which contains
24		voting rights or can be converted to contain voting rights in
25		the possession of the Department.
26		(f) "Loan agreement" means an agreement or contract to
27		provide a loan or accept a mortgage or to purchase qualified
28		securities or other means whereby financial aid is made
29		available to a start-up, expanding, or mature, moderate risk
30		small business.
31		(g) "Loan" means a loan or acceptance of a mortgage or the
32		purchase of qualified securities or other means whereby
33		financial aid is made to a start-up, expanding, or mature,
34		moderate risk small business.
35		(h) "Equity investment agreement" means an agreement or
36		contract to provide a loan or accept a mortgage or to purchase

1		qualified securities or other means whereby financial aid is
2		made available to or on behalf of a young, high risk,
3		technology based small business.
4		(i) "Equity investment" means a loan or acceptance of a
5		mortgage or the purchase of qualified securities or other means
6		whereby financial aid is made to or on behalf of a young, high
7		risk, technology based small business.
8		(j) "Project" means any specific economic development
9		activity of a commercial, industrial, manufacturing,
10		agricultural, scientific, service or other business, the
11		result of which is expected to yield an increase in or
12		retention of jobs or the modernization or improvement of
13		competitiveness of firms and may include working capital
14		financing, the purchase or lease of machinery and equipment, or
15		the lease or purchase of real property but does not include
16		refinancing current debt.
17		(k) "Technical assistance agreement" means an agreement or
18		contract or other means whereby financial aid is made available
19		to not-for-profit organizations for the purposes outlined in
20		Section 9-6 of this Article.
21		(l) "Financial intermediary agreement" means an agreement
22		or contract to provide a loan, investment, or other financial
23		aid to a financial intermediary for the purposes outlined in
24		Section 9-4.4 of this Article.
25		(m) "Equity intermediary agreement" means an agreement or
26		contract to provide a loan, investment, or other financial aid
27		to a financial intermediary for the purposes outlined in
28		Section 9-5.3 of this Article.
29		(n) "Other investor" means a venture capital organization
30		or association; an investment partnership, trust or bank; an
31		individual, accounting partnership or corporation that invests
32		funds, or any other entity which provides debt or equity
33		financing for a business project.
34		(Source: P.A. 88-422; revised 12-6-03.)
35		(30 ILCS 750/9-3) (from Ch. 127, par. 2709-3)

1		Sec. 9-3. Powers and duties. The Department has the power:
2		(a) To make loans or equity investments to small
3		businesses, and to make loans or grants or investments to or
4		through financial intermediaries. The loans and investments
5		shall be made from appropriations from the Build Illinois Bond
6		Fund, Build Illinois Purposes Fund, Illinois Capital Revolving
7		Loan Fund or Illinois Equity Revolving Fund for the purpose of
8		promoting the creation or retention of jobs within small
9		businesses or to modernize or maintain competitiveness of firms
10		in Illinois. The grants shall be made from appropriations from
11		the Build Illinois Bond Fund, Build Illinois Purposes Fund, or
12		Illinois Capital Revolving Loan Fund for the purpose of
13		technical assistance.
14		(b) To make loans to or investments in businesses that have
15		received federal Phase I Small Business Innovation Research
16		grants as a bridge while awaiting federal Phase II Small
17		Business Innovation Research grant funds.
18		(c) To enter into interagency agreements, accept funds or
19		grants, and engage in cooperation with agencies of the federal
20		government, local units of government, universities, research
21		foundations, political subdivisions of the State, financial
22		intermediaries, and regional economic development corporations
23		or organizations for the purposes of carrying out this Article.
24		(d) To enter into contracts, financial intermediary
25		agreements, or any other agreements or contracts with financial
26		intermediaries necessary or desirable to further the purposes
27		of this Article. Any such agreement or contract may include,
28		without limitation, terms and provisions including, but not
29		limited to loan documentation, review and approval procedures,
30		organization and servicing rights, and default conditions.
31		(e) To fix, determine, charge and collect any premiums,
32		fees, charges, costs and expenses, including without
33		limitation, any application fees, commitment fees, program
34		fees, financing charges, collection fees, training fees, or
35		publication fees in connection with its activities under this
36		Article and to accept from any source any gifts, donations, or

1		contributions of money, property, labor, or other things of
2		value to be held, used, and applied to carry out the purposes
3		of this Article. All fees, charges, collections, gifts,
4		donations, or other contributions shall be deposited into the
5		Illinois Capital Revolving Loan Fund.
6		(f) To establish application, notification, contract, and
7		other forms, procedures, rules or regulations deemed necessary
8		and appropriate.
9		(g) To consent, subject to the provisions of any contract
10		with another person, whenever it deems it necessary or
11		desirable in the fulfillment of the purposes of this Article,
12		to the modification or restructuring of any financial
13		intermediary agreement, loan agreement or any equity
14		investment agreement to which the Department is a party.
15		(h) To take whatever actions are necessary or appropriate
16		to protect the State's interest in the event of bankruptcy,
17		default, foreclosure, or noncompliance with the terms and
18		conditions of financial assistance or participation provided
19		hereunder or to otherwise protect or affect the State's
20		interest, including the power to sell, dispose, lease or rent,
21		upon terms and conditions determined by the Director to be
22		appropriate, real or personal property which the Department may
23		receive as a result thereof.
24		(i) To deposit any "Qualified Securities" which have been
25		received by the Department as the result of any financial
26		intermediary agreement, loan, or equity investment agreement
27		executed in the carrying out of this Act, with the Office of
28		the State Treasurer and held by that office until agreement to
29		transfer such qualified security shall be certified by the
30		Director of the Department of Commerce and Economic Opportunity
31		Community Affairs.
32		(j) To assist small businesses that seek to apply for
33		public or private capital in preparing the application and to
34		supply them with grant information, plans, reports,
35		assistance, or advice on development finance and to assist
36		financial intermediaries and participating lenders to build

1		capacity to make debt or equity investments through
2		conferences, workshops, seminars, publications, or any other
3		media.
4		(k) To provide for staff, administration, and related
5		support required to manage the programs authorized under this
6		Article and pay for staffing and administration from the
7		Illinois Capital Revolving Loan Fund, as appropriated by the
8		General Assembly. Administration responsibilities may include,
9		but are not limited to, research and identification of credit
10		disadvantaged groups; design of comprehensive statewide
11		capital access plans and programs addressing capital gap and
12		capital marketplace structure and information barriers;
13		direction, management, and control of specific projects; and
14		communicate and cooperation with public development finance
15		organizations and private debt and equity sources.
16		(l) To exercise such other powers as are necessary or
17		incidental to the foregoing.
18		(Source: P.A. 88-422; revised 12-6-03.)
19		(30 ILCS 750/9-4.1) (from Ch. 127, par. 2709-4.1)
20		Sec. 9-4.1. Applications for loans. All applications for
21		loans to small businesses shall be submitted to the Department
22		on forms and subject to filing fees prescribed by the
23		Department. The Department shall conduct such investigation
24		and obtain such information concerning the application as it
25		considers necessary and diligent. Complete applications
26		received by the Department shall be forwarded to a credit
27		review committee consisting of persons experienced in business
28		financing, and the Director of the Governor's Office of
29		Management and Budget Bureau of the Budget or his designee, for
30		a review and report concerning the advisability of approving
31		the proposed loan. The review and report shall include facts
32		about the company's history, job opportunities, stability of
33		employment, past and present condition and structure, actual
34		and pro-forma income statements, present and future market
35		prospects and management qualifications, and any other facts

1		deemed material to the financing request. The report shall
2		include a reasoned opinion as to whether providing the
3		financing would tend to fulfill the purposes of the Article.
4		The report shall be advisory in nature only. The credit review
5		committee shall be of such composition, act for such time, and
6		have such powers as shall be specified by the Department.
7		After consideration of such report and after such other
8		action as is deemed appropriate, the Department shall approve
9		or deny the application. If the Department approves the
10		application, its approval shall specify the amount of funds to
11		be provided by the Department loan agreement provisions. The
12		business applicant shall be promptly notified of such action by
13		the Department.
14		(Source: P.A. 88-422; revised 8-23-03.)
15		(30 ILCS 750/9-5.1) (from Ch. 127, par. 2709-5.1)
16		Sec. 9-5.1. Applications for Illinois Equity Investments.
17		(a) All applications for the Illinois Equity Investments to
18		or on behalf of small businesses shall be submitted to the
19		Department on forms and subject to filing fees prescribed by
20		the Department. For business project applications, the
21		Department shall conduct such investigation and obtain such
22		information concerning the application as it deems necessary
23		and diligent. Complete applications received by the Department
24		shall be forwarded to an outside credit review committee
25		consisting of persons experienced in new venture equity
26		financing and the Director of the Governor's Office of
27		Management and Budget Bureau of the Budget, or his or her
28		designee, for small business for a review and report concerning
29		the advisability of approving the proposed investment. The
30		review and report shall include facts about the company's
31		history, job opportunities, stability of employment, past and
32		present condition and structure, actual and pro-forma income
33		statements, present and future market prospects and management
34		qualifications, and any other facts deemed material to the
35		financing request. The report shall be advisory in nature only

1		and shall include a reasoned opinion as to whether providing
2		the financing would tend to fulfill this purpose of the Act.
3		Except for the Director of the Governor's Office of Management
4		and Budget Bureau of the Budget or his or her designee, the
5		Department may utilize the services of existing outside
6		organizations as the credit review committee.
7		(b) For equity intermediary agreements, applications may
8		include, but shall not be limited to, history and mission of
9		the applicant; needs to be served, which shall be consistent
10		with the purpose of this subsection; products, services, and
11		results expected from the effort; staffing, management, and
12		operational procedures; and budget request and capitalization
13		of the effort. The Department shall review the intermediary
14		applications to determine the viability of the applicant, the
15		consistency of the proposed project with the purposes of this
16		Article, the economic benefits expected to be derived
17		therefrom, the prospects for continuation of the project after
18		Departmental assistance has been provided, and other issues
19		that may be considered necessary.
20		(c) The Department shall, on the basis of the application,
21		the report of the credit review committee, and any other
22		appropriate information, prepare a report concerning the
23		credit-worthiness of the proposed borrower or intermediary,
24		the financial commitment of the participating lender or other
25		investor, the manner in which the proposed small business or
26		intermediary project will advance the economy of the State, and
27		the soundness of the proposed equity investment or intermediary
28		agreement.
29		After consideration of such report and after such other
30		action as it deems appropriate, the Department shall approve or
31		deny the application. If the Department approves the
32		application, its approval shall specify the amount of funds to
33		be provided and the Department equity investment agreement
34		provisions. The small business or intermediary applicant shall
35		be promptly notified of such action by the Department.
36		(Source: P.A. 88-422; revised 8-23-03.)

1		(30 ILCS 750/9-11)
2		Sec. 9-11. Port Development Revolving Loan Program.
3		(1) There is created in the State Treasury the Port
4		Development Revolving Loan Fund, referred to in this Section as
5		the Fund. Moneys in the Fund may be appropriated for the
6		purposes of the Port Development Revolving Loan Program created
7		by this Section to be administered by the Department of
8		Commerce and Economic Opportunity Community Affairs in order to
9		facilitate and enhance the utilization of Illinois' navigable
10		waterways or the development of inland intermodal freight
11		facilities or both. The Department may adopt rules for the
12		administration of the Program.
13		The General Assembly may make appropriations for the
14		purposes of the Program. Repayment of loans made to individual
15		port districts shall be paid back into the Fund to establish an
16		ongoing revolving loan fund to facilitate continuing port
17		development activities in the State.
18		(2) Loan funds from the Program shall be made available to
19		Illinois port districts on a competitive basis. In order to
20		obtain assistance under the Program, a port district must
21		submit a comprehensive application to the Department for
22		consideration.
23		Projects eligible for funding under the Program must be
24		intermodal facilities and within the scope of powers and
25		responsibilities as granted in each port district's enabling
26		legislation. Loan funds shall not be used for working capital
27		or administrative purposes by the port district.
28		(3) The maximum amount which may be loaned from the Program
29		to fund any one project is $3,000,000. Program funds may be
30		used for up to 50% of an individual project financing. The
31		balance of financing for an individual project must be secured
32		by the respective district.
33		The maximum loan term shall be for 20 years with an
34		interest rate of 5% per annum. Principal and interest payments
35		shall be made on a semi-annual basis.

1		(4) In order to receive a loan from the Program, a port
2		district must:
3		(a) demonstrate that the proposed project shall
4		generate sufficient revenue to support amortization of the
5		loan and be willing to pledge revenues from the project to
6		loan repayment or
7		(b) demonstrate that the port district can financially
8		support debt service payments through general revenue
9		sources of the port district and pledge the full faith and
10		credit of the port district to loan repayment.
11		In order to achieve the requirement of paragraph (a) of
12		this subsection (4), the port district may use guarantees
13		provided under facility operating agreements or guaranteed
14		facility use agreements from private concerns to demonstrate
15		loan repayment ability.
16		Certain infrastructure facilities developed under the
17		Program may be general use public facilities where there is not
18		a definitive and guaranteed revenue stream to support the
19		project, nevertheless the facilities are important to
20		facilitate overall long term port development objectives. In
21		such cases, the full faith and credit of the port district may
22		be used as loan collateral.
23		(5) A loan agreement shall be executed between the port
24		district and the State stipulating all of the terms and
25		conditions of the loan. The Department shall release funds on a
26		reimbursement basis for eligible costs of the project as
27		incurred. The port district shall certify to the Department
28		that expenses incurred during construction are in accordance
29		with plans and specifications as approved by the Department.
30		Funds may be drawn once per month during construction of the
31		project.
32		(6) The loan agreement shall contain customary and usual
33		loan default provisions in the event the port district fails to
34		make the required payments. The loan agreement shall stipulate
35		the State's recourse in curing any default.
36		In the event a port district becomes delinquent in payments

1		to the State, that port district shall not be eligible for any
2		future loans until the delinquency is remedied.
3		(7) Individual port district project applications shall
4		include the following:
5		(a) Statement of purpose. A description of the project
6		shall be submitted along with the project's anticipated
7		overall effect on meeting port district objectives.
8		(b) Project impact. The anticipated net effects of the
9		project shall be enumerated. These impacts may include the
10		economic impact to the State, employment impact,
11		intermodal freight impacts, and environmental impacts.
12		(c) Cost estimates and preliminary project layout. The
13		overall project development cost estimate and general site
14		and or facility drawings.
15		(d) Proposed loan amount. A statement as to the amount
16		proposed from the Program and the port district's
17		intentions as to the source of other financing for the
18		project.
19		(e) Business Proforma. A detailed business proforma
20		must be supplied which estimates facility/project revenues
21		as well as operating costs and debt service.
22		(f) Loan collateral and guarantees. The port
23		district's intentions as to how it intends to collateralize
24		the loan amount, including third party guarantees,
25		pledging of project and facility revenue, or pledging
26		general revenues of the district.
27		(8) The Department shall annually invite Illinois port
28		districts to submit projects for consideration under the
29		Program. The Department shall perform a cost/benefit analysis
30		of each project to determine if a project meets minimum
31		requirements for eligibility. Those applications which meet
32		minimum criteria shall then be ranked by the overall net
33		positive impact on the State.
34		(a) Minimum criteria shall include:
35		(i) positive cost/benefit ratio;
36		(ii) demonstrated economic feasibility of the

1		project; and
2		(iii) the ability of the port district to repay the
3		loan.
4		(b) Ranking criteria may include:
5		(i) a cost/benefit ratio of project in relation to
6		other projects;
7		(ii) product tonnage to be handled;
8		(iii) product value to be handled;
9		(iv) soundness of business proposition;
10		(v) positive intermodal impacts of Illinois
11		transportation system;
12		(vi) meets overall State transportation
13		objectives;
14		(vii) economic impact to the State; or
15		(viii) environmental benefits of the project.
16		Projects shall be selected according to their ranking up to
17		the limit of available funds. Selected projects shall be
18		invited to submit detailed plans, specifications, operating
19		agreements, environmental clearances, evidence of property
20		title, and other documentation as necessitated by the project.
21		When the Department determines all necessary requirements are
22		met and the remainder of the project financing is available, a
23		loan agreement shall be executed and project development may
24		commence.
25		(Source: P.A. 90-785, eff. 1-1-99; revised 12-6-03.)
26		(30 ILCS 750/10-2) (from Ch. 127, par. 2710-2)
27		Sec. 10-2. Definitions. Unless the context clearly
28		requires otherwise:
29		(a) "Financial institution" means a trust company, a bank,
30		a savings bank, a credit union, an investment bank, a broker,
31		an investment trust, a pension fund, a building and loan
32		association, a savings and loan association, an insurance
33		company or any venture capital company which is authorized to
34		do business in the State.
35		(b) "Participating lender" means any trust company, bank,

1		savings bank, credit union, investment bank, broker,
2		investment trust, pension fund, building and loan association,
3		savings and loan association, insurance company or venture
4		capital company approved by the Department which assumes a
5		portion of the financing for a business project.
6		(c) "Department" means the Illinois Department of Commerce
7		and Economic Opportunity Community Affairs.
8		(d) "Business" means a for-profit, legal entity in Illinois
9		including, but not limited to, any sole proprietorship,
10		partnership, corporation, joint venture, association or
11		cooperative.
12		(e) "Loan" means an agreement or contract to provide a loan
13		or other financial aid to a business.
14		(f) "Project" means any specific economic development
15		activity of a commercial, industrial, manufacturing,
16		agricultural, scientific, service or other business, the
17		result of which yields an increase in jobs and may include the
18		purchase or lease of machinery and equipment, the lease or
19		purchase of real property or funds for infrastructure
20		necessitated by site preparation, building construction or
21		related purposes but does not include refinancing current debt.
22		(g) "Fund" means the Large Business Attraction Fund created
23		in Section 10-4.
24		(Source: P.A. 84-109; revised 12-6-03.)
25		(30 ILCS 750/11-2) (from Ch. 127, par. 2711-2)
26		Sec. 11-2. Definitions. As used in this Article:
27		(a) "Small business incubator" or "Incubator" means a
28		property described in Sections 11-7 and 11-8.
29		(b) "Community Advisory Board" or "Board" means a board
30		created pursuant to Section 11-4.
31		(c) "Department" means the Illinois Department of Commerce
32		and Economic Opportunity Community Affairs.
33		(d) "Educational institution" means a local school
34		district, a private junior college or university, or a State
35		supported community college or university within the State.

1		(e) "Local governmental unit" means a county, township,
2		city, village or incorporated town within this State.
3		(f) "Non-profit organization" means local chambers of
4		commerce, business and economic development corporations and
5		associations, and such other similar organizations so
6		designated by the Department.
7		(g) "Sponsor" means an educational institution, local
8		governmental unit or non-profit organization which receives
9		Department funds under this Article.
10		(h) "Costs of establishment" means the actual costs of
11		acquisition, whether by lease, purchase or other devices, and
12		of construction and renovation of the incubator.
13		(i) "Costs of administration" means the costs of wages or
14		salary for the incubator manager and related clerical and
15		administrative costs.
16		(Source: P.A. 84-109; revised 12-6-03.)

17		Section 445. The Gang Control Grant Act is amended by
18		changing Sections 1, 2, and 4 as follows:
19		(30 ILCS 755/1) (from Ch. 127, par. 3301)
20		Sec. 1. The purpose of this Act is to provide for grants to
21		community groups in order to improve the quality of life in low
22		and moderate income neighborhoods and to authorize the
23		Department of Commerce and Economic Opportunity Community
24		Affairs to administer such grants to such community groups.
25		(Source: P.A. 84-1400; revised 12-6-03.)
26		(30 ILCS 755/2) (from Ch. 127, par. 3302)
27		Sec. 2. Definition. As used in this Act, the terms
28		specified in this Section have the meanings ascribed to them in
29		this Section.
30		(a) "Community-based organization" means an organization
31		certified by the Department as an eligible receiver of grants.
32		(b) "Business entity" means a corporation, partnership or
33		sole proprietorship engaged in producing goods or selling

1		services or goods for a profit.
2		(c) "Department" means Department of Commerce and Economic
3		Opportunity Community Affairs.
4		(d) "Neighborhood" means the area identified by a
5		community-based organization as its geographically defined
6		area containing the following characteristics:
7		(1) a sense of belonging or identity that ties the
8		residents to a given area;
9		(2) social, cultural, political or economic activities
10		around which residents of the area organize themselves;
11		(3) the existence of cohesive organizations formed by
12		residents; and
13		(4) a history of acting or being treated as a distinct
14		cohesive unit.
15		The term neighborhood may include small municipalities of
16		less than 10,000 population or rural areas which have these
17		characteristics.
18		(Source: P.A. 84-1400; revised 12-6-03.)
19		(30 ILCS 755/4) (from Ch. 127, par. 3304)
20		Sec. 4. (a) No grants may be authorized unless the project
21		for which the grant is made has been approved by the
22		Department.
23		(b) Any community-based organization seeking to have a
24		project approved for a grant must submit an application to the
25		Department describing its potential contributors and the
26		nature and benefit of the project, such as the number of youth
27		to be served by the project, performance standards or
28		benchmarks, and monetary benefits of the project such as
29		additional non-State funds leveraged or new State or local
30		taxes generated.
31		The application must also address how the following
32		criteria will be met:
33		(1) The project must contribute to the self help efforts of
34		the residents of the area involved.
35		(2) The project must involve the residents of the area in

1		planning and implementing the project.
2		(3) The project must lack sufficient resources.
3		(4) The community-based organization must be fiscally
4		responsible for the project.
5		(c) The project must provide alternatives to participation
6		in gangs by juveniles in one of the following ways:
7		(1) by creating permanent jobs;
8		(2) by stimulating neighborhood business activity;
9		(3) by providing job training services;
10		(4) by providing youth recreation and athletic activities;
11		or
12		(5) by strengthening any community-based organizations
13		whose objectives are similar to those listed in items 1 through
14		4 above.
15		(d) If the community-based organization demonstrates its
16		ability to meet the criteria in subsection (b), and will
17		provide juvenile gang alternatives in 1 of the ways listed in
18		subsection (c), the Department shall approve the
19		organization's proposed projects and specify the amount of
20		grant it is eligible to receive for such project. Comments from
21		State elected officials representing the districts in which the
22		project is proposed to be located shall be solicited by the
23		Department in making the decision.
24		(e) Within 45 days of the receipt of an application, the
25		Department shall give notice to the applicant as to whether the
26		application has been approved or disapproved. If the Department
27		disapproves the application, it shall specify the reasons for
28		this decision and allow 60 days for the applicant to make
29		amendments. The Department shall provide assistance upon
30		request to applicants.
31		(f) On an annual basis, the community-based organization
32		shall furnish a statement to the Department of Commerce and
33		Economic Opportunity Community Affairs on the programmatic and
34		financial status of any approved project and an audited
35		financial statement of the project.
36		(Source: P.A. 85-633; revised 12-6-03.)

1		Section 450. The Eliminate the Digital Divide Law is
2		amended by changing Section 5-5 as follows:
3		(30 ILCS 780/5-5)
4		Sec. 5-5. Definitions; descriptions. As used in this
5		Article:
6		"Community-based organization" means a private
7		not-for-profit organization that is located in an Illinois
8		community and that provides services to citizens within that
9		community and the surrounding area.
10		"Community technology centers" provide computer access and
11		educational services using information technology. Community
12		technology centers are diverse in the populations they serve
13		and programs they offer, but similar in that they provide
14		technology access to individuals, communities, and populations
15		that typically would not otherwise have places to use computer
16		and telecommunications technologies.
17		"Department" means the Department of Commerce and Economic
18		Opportunity Community Affairs.
19		"National school lunch program" means a program
20		administered by the U.S. Department of Agriculture and state
21		agencies that provides free or reduced price lunches to
22		economically disadvantaged children. A child whose family
23		income is between 130% and 185% of applicable family size
24		income levels contained in the nonfarm poverty guidelines
25		prescribed by the Office of Management and Budget is eligible
26		for a reduced price lunch. A child whose family income is 130%
27		or less of applicable family size income levels contained in
28		the nonfarm income poverty guidelines prescribed by the Office
29		of Management and Budget is eligible for a free lunch.
30		"Telecommunications services" provided by
31		telecommunications carriers include all commercially available
32		telecommunications services in addition to all reasonable
33		charges that are incurred by taking such services, such as
34		state and federal taxes.

1		"Other special services" provided by telecommunications
2		carriers include Internet access and installation and
3		maintenance of internal connections in addition to all
4		reasonable charges that are incurred by taking such services,
5		such as state and federal taxes.
6		(Source: P.A. 91-704, eff. 7-1-00; revised 12-6-03.)

7		Section 455. The State Mandates Act is amended by changing
8		Section 8 as follows:
9		(30 ILCS 805/8) (from Ch. 85, par. 2208)
10		Sec. 8. Exclusions, reimbursement application, review,
11		appeals, and adjudication.
12		(a) Exclusions: Any of the following circumstances
13		inherent to, or associated with, a mandate shall exclude the
14		State from reimbursement liability under this Act. If the
15		mandate (1) accommodates a request from local governments or
16		organizations thereof; (2) imposes additional duties of a
17		nature which can be carried out by existing staff and
18		procedures at no appreciable net cost increase; (3) creates
19		additional costs but also provides offsetting savings
20		resulting in no aggregate increase in net costs; (4) imposes a
21		cost that is wholly or largely recovered from Federal, State or
22		other external financial aid; (5) imposes additional annual net
23		costs of less than $1,000 for each of the several local
24		governments affected or less than $50,000, in the aggregate,
25		for all local governments affected.
26		The failure of the General Assembly to make necessary
27		appropriations shall relieve the local government of the
28		obligation to implement any service mandates, tax exemption
29		mandates, and personnel mandates, as specified in Section 6,
30		subsections (b), (c), (d) and (e), unless the exclusion
31		provided for in this Section are explicitly stated in the Act
32		establishing the mandate. In the event that funding is not
33		provided for a State-mandated program by the General Assembly,
34		the local government may implement or continue the program upon

1		approval of its governing body. If the local government
2		approves the program and funding is subsequently provided, the
3		State shall reimburse the local governments only for costs
4		incurred subsequent to the funding.
5		(b) Reimbursement Estimation and Appropriation Procedure.
6		(1) When a bill is introduced in the General Assembly,
7		the Legislative Reference Bureau, hereafter referred to as
8		the Bureau, shall determine whether such bill may require
9		reimbursement to local governments pursuant to this Act.
10		The Bureau shall make such determination known in the
11		Legislative Synopsis and Digest.
12		In making the determination required by this
13		subsection (b) the Bureau shall disregard any provision in
14		a bill which would make inoperative the reimbursement
15		requirements of Section 6 above, including an express
16		exclusion of the applicability of this Act, and shall make
17		the determination irrespective of any such provision.
18		(2) Any bill or amended bill which creates or expands a
19		State mandate shall be subject to the provisions of "An Act
20		requiring fiscal notes in relation to certain bills",
21		approved June 4, 1965, as amended. The fiscal notes for
22		such bills or amended bills shall include estimates of the
23		costs to local government and the costs of any
24		reimbursement required under this Act. In the case of bills
25		having a potential fiscal impact on units of local
26		government, the fiscal note shall be prepared by the
27		Department. In the case of bills having a potential fiscal
28		impact on school districts, the fiscal note shall be
29		prepared by the State Superintendent of Education. In the
30		case of bills having a potential fiscal impact on community
31		college districts, the fiscal note shall be prepared by the
32		Illinois Community College Board. Such fiscal note shall
33		accompany the bill that requires State reimbursement and
34		shall be prepared prior to any final action on such a bill
35		by the assigned committee. However, if a fiscal note is not
36		filed by the appropriate agency within 30 days of

1		introduction of a bill, the bill can be heard in committee
2		and advanced to the order of second reading. The bill shall
3		then remain on second reading until a fiscal note is filed.
4		A bill discharged from committee shall also remain on
5		second reading until a fiscal note is provided by the
6		appropriate agency.
7		(3) The estimate required by paragraph (2) above, shall
8		include the amount estimated to be required during the
9		first fiscal year of a bill's operation in order to
10		reimburse local governments pursuant to Section 6, for
11		costs mandated by such bill. In the event that the
12		effective date of such a bill is not the first day of the
13		fiscal year the estimate shall also include the amount
14		estimated to be required for reimbursement for the next
15		following full fiscal year.
16		(4) For the initial fiscal year, reimbursement funds
17		shall be provided as follows: (i) any statute mandating
18		such costs shall have a companion appropriation bill, and
19		(ii) any executive order mandating such costs shall be
20		accompanied by a bill to appropriate the funds therefor,
21		or, alternatively an appropriation for such funds shall be
22		included in the executive budget for the next following
23		fiscal year.
24		In subsequent fiscal years appropriations for such
25		costs shall be included in the Governor's budget or
26		supplemental appropriation bills.
27		(c) Reimbursement Application and Disbursement Procedure.
28		(1) For the initial fiscal year during which
29		reimbursement is authorized, each local government, or
30		more than one local government wishing to join in filing a
31		single claim, believing itself to be entitled to
32		reimbursement under this Act shall submit to the
33		Department, State Superintendent of Education or Illinois
34		Community College Board within 60 days of the effective
35		date of the mandate a claim for reimbursement accompanied
36		by its estimate of the increased costs required by the

1		mandate for the balance of the fiscal year. The Department,
2		State Superintendent of Education or Illinois Community
3		College Board shall review such claim and estimate, shall
4		apportion the claim into 3 equal installments and shall
5		direct the Comptroller to pay the installments at equal
6		intervals throughout the remainder of the fiscal year from
7		the funds appropriated for such purposes, provided that the
8		Department, State Superintendent of Education or Illinois
9		Community College Board may (i) audit the records of any
10		local government to verify the actual amount of the
11		mandated cost, and (ii) reduce any claim determined to be
12		excessive or unreasonable.
13		(2) For the subsequent fiscal years, local governments
14		shall submit claims as specified above on or before October
15		1 of each year. The Department, State Superintendent of
16		Education or Illinois Community College Board shall
17		apportion the claims into 3 equal installments and shall
18		direct the Comptroller to pay the first installment upon
19		approval of the claims, with subsequent installments to
20		follow on January 1 and March 1, such claims to be paid
21		from funds appropriated therefor, provided that the
22		Department, State Superintendent of Education or Illinois
23		Community College Board (i) may audit the records of any
24		local governments to verify the actual amount of the
25		mandated cost, (ii) may reduce any claim, determined to be
26		excessive or unreasonable, and (iii) shall adjust the
27		payment to correct for any underpayments or overpayments
28		which occurred in the previous fiscal year.
29		(3) Any funds received by a local government pursuant
30		to this Act may be used for any public purpose.
31		If the funds appropriated for reimbursement of the
32		costs of local government resulting from the creation or
33		expansion of a State mandate are less than the total of the
34		approved claims, the amount appropriated shall be prorated
35		among the local governments having approved claims.
36		(d) Appeals and Adjudication.

1		(1) Local governments may appeal determinations made
2		by State agencies acting pursuant to subsection (c) above.
3		The appeal must be submitted to the State Mandates Board of
4		Review created by Section 9.1 of this Act within 60 days
5		following the date of receipt of the determination being
6		appealed. The appeal must include evidence as to the extent
7		to which the mandate has been carried out in an effective
8		manner and executed without recourse to standards of
9		staffing or expenditure higher than specified in the
10		mandatory statute, if such standards are specified in the
11		statute. The State Mandates Board of Review, after
12		reviewing the evidence submitted to it, may increase or
13		reduce the amount of a reimbursement claim. The decision of
14		the State Mandates Board of Review shall be final subject
15		to judicial review. However, if sufficient funds have not
16		been appropriated, the Department shall notify the General
17		Assembly of such cost, and appropriations for such costs
18		shall be included in a supplemental appropriation bill.
19		(2) A local government may also appeal directly to the
20		State Mandates Board of Review in those situations in which
21		the Department of Commerce and Economic Opportunity
22		Community Affairs does not act upon the local government's
23		application for reimbursement or request for mandate
24		determination submitted under this Act. The appeal must
25		include evidence that the application for reimbursement or
26		request for mandate determination was properly filed and
27		should have been reviewed by the Department.
28		An appeal may be made to the Board if the Department
29		does not respond to a local government's application for
30		reimbursement or request for mandate determination within
31		120 days after filing the application or request. In no
32		case, however, may an appeal be brought more than one year
33		after the application or request is filed with the
34		Department.
35		(Source: P.A. 89-304, eff. 8-11-95; 89-626, eff. 8-9-96;
36		revised 12-6-03.)

1		Section 460. The Illinois Income Tax Act is amended by
2		changing Sections 201, 211, and 213 as follows:
3		(35 ILCS 5/201) (from Ch. 120, par. 2-201)
4		Sec. 201. Tax Imposed.
5		(a) In general. A tax measured by net income is hereby
6		imposed on every individual, corporation, trust and estate for
7		each taxable year ending after July 31, 1969 on the privilege
8		of earning or receiving income in or as a resident of this
9		State. Such tax shall be in addition to all other occupation or
10		privilege taxes imposed by this State or by any municipal
11		corporation or political subdivision thereof.
12		(b) Rates. The tax imposed by subsection (a) of this
13		Section shall be determined as follows, except as adjusted by
14		subsection (d-1):
15		(1) In the case of an individual, trust or estate, for
16		taxable years ending prior to July 1, 1989, an amount equal
17		to 2 1/2% of the taxpayer's net income for the taxable
18		year.
19		(2) In the case of an individual, trust or estate, for
20		taxable years beginning prior to July 1, 1989 and ending
21		after June 30, 1989, an amount equal to the sum of (i) 2
22		1/2% of the taxpayer's net income for the period prior to
23		July 1, 1989, as calculated under Section 202.3, and (ii)
24		3% of the taxpayer's net income for the period after June
25		30, 1989, as calculated under Section 202.3.
26		(3) In the case of an individual, trust or estate, for
27		taxable years beginning after June 30, 1989, an amount
28		equal to 3% of the taxpayer's net income for the taxable
29		year.
30		(4) (Blank).
31		(5) (Blank).
32		(6) In the case of a corporation, for taxable years
33		ending prior to July 1, 1989, an amount equal to 4% of the
34		taxpayer's net income for the taxable year.

1		(7) In the case of a corporation, for taxable years
2		beginning prior to July 1, 1989 and ending after June 30,
3		1989, an amount equal to the sum of (i) 4% of the
4		taxpayer's net income for the period prior to July 1, 1989,
5		as calculated under Section 202.3, and (ii) 4.8% of the
6		taxpayer's net income for the period after June 30, 1989,
7		as calculated under Section 202.3.
8		(8) In the case of a corporation, for taxable years
9		beginning after June 30, 1989, an amount equal to 4.8% of
10		the taxpayer's net income for the taxable year.
11		(c) Personal Property Tax Replacement Income Tax.
12		Beginning on July 1, 1979 and thereafter, in addition to such
13		income tax, there is also hereby imposed the Personal Property
14		Tax Replacement Income Tax measured by net income on every
15		corporation (including Subchapter S corporations), partnership
16		and trust, for each taxable year ending after June 30, 1979.
17		Such taxes are imposed on the privilege of earning or receiving
18		income in or as a resident of this State. The Personal Property
19		Tax Replacement Income Tax shall be in addition to the income
20		tax imposed by subsections (a) and (b) of this Section and in
21		addition to all other occupation or privilege taxes imposed by
22		this State or by any municipal corporation or political
23		subdivision thereof.
24		(d) Additional Personal Property Tax Replacement Income
25		Tax Rates. The personal property tax replacement income tax
26		imposed by this subsection and subsection (c) of this Section
27		in the case of a corporation, other than a Subchapter S
28		corporation and except as adjusted by subsection (d-1), shall
29		be an additional amount equal to 2.85% of such taxpayer's net
30		income for the taxable year, except that beginning on January
31		1, 1981, and thereafter, the rate of 2.85% specified in this
32		subsection shall be reduced to 2.5%, and in the case of a
33		partnership, trust or a Subchapter S corporation shall be an
34		additional amount equal to 1.5% of such taxpayer's net income
35		for the taxable year.
36		(d-1) Rate reduction for certain foreign insurers. In the

1		case of a foreign insurer, as defined by Section 35A-5 of the
2		Illinois Insurance Code, whose state or country of domicile
3		imposes on insurers domiciled in Illinois a retaliatory tax
4		(excluding any insurer whose premiums from reinsurance assumed
5		are 50% or more of its total insurance premiums as determined
6		under paragraph (2) of subsection (b) of Section 304, except
7		that for purposes of this determination premiums from
8		reinsurance do not include premiums from inter-affiliate
9		reinsurance arrangements), beginning with taxable years ending
10		on or after December 31, 1999, the sum of the rates of tax
11		imposed by subsections (b) and (d) shall be reduced (but not
12		increased) to the rate at which the total amount of tax imposed
13		under this Act, net of all credits allowed under this Act,
14		shall equal (i) the total amount of tax that would be imposed
15		on the foreign insurer's net income allocable to Illinois for
16		the taxable year by such foreign insurer's state or country of
17		domicile if that net income were subject to all income taxes
18		and taxes measured by net income imposed by such foreign
19		insurer's state or country of domicile, net of all credits
20		allowed or (ii) a rate of zero if no such tax is imposed on such
21		income by the foreign insurer's state of domicile. For the
22		purposes of this subsection (d-1), an inter-affiliate includes
23		a mutual insurer under common management.
24		(1) For the purposes of subsection (d-1), in no event
25		shall the sum of the rates of tax imposed by subsections
26		(b) and (d) be reduced below the rate at which the sum of:
27		(A) the total amount of tax imposed on such foreign
28		insurer under this Act for a taxable year, net of all
29		credits allowed under this Act, plus
30		(B) the privilege tax imposed by Section 409 of the
31		Illinois Insurance Code, the fire insurance company
32		tax imposed by Section 12 of the Fire Investigation
33		Act, and the fire department taxes imposed under
34		Section 11-10-1 of the Illinois Municipal Code,
35		equals 1.25% for taxable years ending prior to December 31,
36		2003, or 1.75% for taxable years ending on or after

1		December 31, 2003, of the net taxable premiums written for
2		the taxable year, as described by subsection (1) of Section
3		409 of the Illinois Insurance Code. This paragraph will in
4		no event increase the rates imposed under subsections (b)
5		and (d).
6		(2) Any reduction in the rates of tax imposed by this
7		subsection shall be applied first against the rates imposed
8		by subsection (b) and only after the tax imposed by
9		subsection (a) net of all credits allowed under this
10		Section other than the credit allowed under subsection (i)
11		has been reduced to zero, against the rates imposed by
12		subsection (d).
13		This subsection (d-1) is exempt from the provisions of
14		Section 250.
15		(e) Investment credit. A taxpayer shall be allowed a credit
16		against the Personal Property Tax Replacement Income Tax for
17		investment in qualified property.
18		(1) A taxpayer shall be allowed a credit equal to .5%
19		of the basis of qualified property placed in service during
20		the taxable year, provided such property is placed in
21		service on or after July 1, 1984. There shall be allowed an
22		additional credit equal to .5% of the basis of qualified
23		property placed in service during the taxable year,
24		provided such property is placed in service on or after
25		July 1, 1986, and the taxpayer's base employment within
26		Illinois has increased by 1% or more over the preceding
27		year as determined by the taxpayer's employment records
28		filed with the Illinois Department of Employment Security.
29		Taxpayers who are new to Illinois shall be deemed to have
30		met the 1% growth in base employment for the first year in
31		which they file employment records with the Illinois
32		Department of Employment Security. The provisions added to
33		this Section by Public Act 85-1200 (and restored by Public
34		Act 87-895) shall be construed as declaratory of existing
35		law and not as a new enactment. If, in any year, the
36		increase in base employment within Illinois over the

1		preceding year is less than 1%, the additional credit shall
2		be limited to that percentage times a fraction, the
3		numerator of which is .5% and the denominator of which is
4		1%, but shall not exceed .5%. The investment credit shall
5		not be allowed to the extent that it would reduce a
6		taxpayer's liability in any tax year below zero, nor may
7		any credit for qualified property be allowed for any year
8		other than the year in which the property was placed in
9		service in Illinois. For tax years ending on or after
10		December 31, 1987, and on or before December 31, 1988, the
11		credit shall be allowed for the tax year in which the
12		property is placed in service, or, if the amount of the
13		credit exceeds the tax liability for that year, whether it
14		exceeds the original liability or the liability as later
15		amended, such excess may be carried forward and applied to
16		the tax liability of the 5 taxable years following the
17		excess credit years if the taxpayer (i) makes investments
18		which cause the creation of a minimum of 2,000 full-time
19		equivalent jobs in Illinois, (ii) is located in an
20		enterprise zone established pursuant to the Illinois
21		Enterprise Zone Act and (iii) is certified by the
22		Department of Commerce and Community Affairs (now
23		Department of Commerce and Economic Opportunity) as
24		complying with the requirements specified in clause (i) and
25		(ii) by July 1, 1986. The Department of Commerce and
26		Community Affairs (now Department of Commerce and Economic
27		Opportunity) shall notify the Department of Revenue of all
28		such certifications immediately. For tax years ending
29		after December 31, 1988, the credit shall be allowed for
30		the tax year in which the property is placed in service,
31		or, if the amount of the credit exceeds the tax liability
32		for that year, whether it exceeds the original liability or
33		the liability as later amended, such excess may be carried
34		forward and applied to the tax liability of the 5 taxable
35		years following the excess credit years. The credit shall
36		be applied to the earliest year for which there is a

1		liability. If there is credit from more than one tax year
2		that is available to offset a liability, earlier credit
3		shall be applied first.
4		(2) The term "qualified property" means property
5		which:
6		(A) is tangible, whether new or used, including
7		buildings and structural components of buildings and
8		signs that are real property, but not including land or
9		improvements to real property that are not a structural
10		component of a building such as landscaping, sewer
11		lines, local access roads, fencing, parking lots, and
12		other appurtenances;
13		(B) is depreciable pursuant to Section 167 of the
14		Internal Revenue Code, except that "3-year property"
15		as defined in Section 168(c)(2)(A) of that Code is not
16		eligible for the credit provided by this subsection
17		(e);
18		(C) is acquired by purchase as defined in Section
19		179(d) of the Internal Revenue Code;
20		(D) is used in Illinois by a taxpayer who is
21		primarily engaged in manufacturing, or in mining coal
22		or fluorite, or in retailing; and
23		(E) has not previously been used in Illinois in
24		such a manner and by such a person as would qualify for
25		the credit provided by this subsection (e) or
26		subsection (f).
27		(3) For purposes of this subsection (e),
28		"manufacturing" means the material staging and production
29		of tangible personal property by procedures commonly
30		regarded as manufacturing, processing, fabrication, or
31		assembling which changes some existing material into new
32		shapes, new qualities, or new combinations. For purposes of
33		this subsection (e) the term "mining" shall have the same
34		meaning as the term "mining" in Section 613(c) of the
35		Internal Revenue Code. For purposes of this subsection (e),
36		the term "retailing" means the sale of tangible personal

1		property or services rendered in conjunction with the sale
2		of tangible consumer goods or commodities.
3		(4) The basis of qualified property shall be the basis
4		used to compute the depreciation deduction for federal
5		income tax purposes.
6		(5) If the basis of the property for federal income tax
7		depreciation purposes is increased after it has been placed
8		in service in Illinois by the taxpayer, the amount of such
9		increase shall be deemed property placed in service on the
10		date of such increase in basis.
11		(6) The term "placed in service" shall have the same
12		meaning as under Section 46 of the Internal Revenue Code.
13		(7) If during any taxable year, any property ceases to
14		be qualified property in the hands of the taxpayer within
15		48 months after being placed in service, or the situs of
16		any qualified property is moved outside Illinois within 48
17		months after being placed in service, the Personal Property
18		Tax Replacement Income Tax for such taxable year shall be
19		increased. Such increase shall be determined by (i)
20		recomputing the investment credit which would have been
21		allowed for the year in which credit for such property was
22		originally allowed by eliminating such property from such
23		computation and, (ii) subtracting such recomputed credit
24		from the amount of credit previously allowed. For the
25		purposes of this paragraph (7), a reduction of the basis of
26		qualified property resulting from a redetermination of the
27		purchase price shall be deemed a disposition of qualified
28		property to the extent of such reduction.
29		(8) Unless the investment credit is extended by law,
30		the basis of qualified property shall not include costs
31		incurred after December 31, 2003, except for costs incurred
32		pursuant to a binding contract entered into on or before
33		December 31, 2003.
34		(9) Each taxable year ending before December 31, 2000,
35		a partnership may elect to pass through to its partners the
36		credits to which the partnership is entitled under this

1		subsection (e) for the taxable year. A partner may use the
2		credit allocated to him or her under this paragraph only
3		against the tax imposed in subsections (c) and (d) of this
4		Section. If the partnership makes that election, those
5		credits shall be allocated among the partners in the
6		partnership in accordance with the rules set forth in
7		Section 704(b) of the Internal Revenue Code, and the rules
8		promulgated under that Section, and the allocated amount of
9		the credits shall be allowed to the partners for that
10		taxable year. The partnership shall make this election on
11		its Personal Property Tax Replacement Income Tax return for
12		that taxable year. The election to pass through the credits
13		shall be irrevocable.
14		For taxable years ending on or after December 31, 2000,
15		a partner that qualifies its partnership for a subtraction
16		under subparagraph (I) of paragraph (2) of subsection (d)
17		of Section 203 or a shareholder that qualifies a Subchapter
18		S corporation for a subtraction under subparagraph (S) of
19		paragraph (2) of subsection (b) of Section 203 shall be
20		allowed a credit under this subsection (e) equal to its
21		share of the credit earned under this subsection (e) during
22		the taxable year by the partnership or Subchapter S
23		corporation, determined in accordance with the
24		determination of income and distributive share of income
25		under Sections 702 and 704 and Subchapter S of the Internal
26		Revenue Code. This paragraph is exempt from the provisions
27		of Section 250.
28		(f) Investment credit; Enterprise Zone.
29		(1) A taxpayer shall be allowed a credit against the
30		tax imposed by subsections (a) and (b) of this Section for
31		investment in qualified property which is placed in service
32		in an Enterprise Zone created pursuant to the Illinois
33		Enterprise Zone Act. For partners, shareholders of
34		Subchapter S corporations, and owners of limited liability
35		companies, if the liability company is treated as a
36		partnership for purposes of federal and State income

1		taxation, there shall be allowed a credit under this
2		subsection (f) to be determined in accordance with the
3		determination of income and distributive share of income
4		under Sections 702 and 704 and Subchapter S of the Internal
5		Revenue Code. The credit shall be .5% of the basis for such
6		property. The credit shall be available only in the taxable
7		year in which the property is placed in service in the
8		Enterprise Zone and shall not be allowed to the extent that
9		it would reduce a taxpayer's liability for the tax imposed
10		by subsections (a) and (b) of this Section to below zero.
11		For tax years ending on or after December 31, 1985, the
12		credit shall be allowed for the tax year in which the
13		property is placed in service, or, if the amount of the
14		credit exceeds the tax liability for that year, whether it
15		exceeds the original liability or the liability as later
16		amended, such excess may be carried forward and applied to
17		the tax liability of the 5 taxable years following the
18		excess credit year. The credit shall be applied to the
19		earliest year for which there is a liability. If there is
20		credit from more than one tax year that is available to
21		offset a liability, the credit accruing first in time shall
22		be applied first.
23		(2) The term qualified property means property which:
24		(A) is tangible, whether new or used, including
25		buildings and structural components of buildings;
26		(B) is depreciable pursuant to Section 167 of the
27		Internal Revenue Code, except that "3-year property"
28		as defined in Section 168(c)(2)(A) of that Code is not
29		eligible for the credit provided by this subsection
30		(f);
31		(C) is acquired by purchase as defined in Section
32		179(d) of the Internal Revenue Code;
33		(D) is used in the Enterprise Zone by the taxpayer;
34		and
35		(E) has not been previously used in Illinois in
36		such a manner and by such a person as would qualify for

1		the credit provided by this subsection (f) or
2		subsection (e).
3		(3) The basis of qualified property shall be the basis
4		used to compute the depreciation deduction for federal
5		income tax purposes.
6		(4) If the basis of the property for federal income tax
7		depreciation purposes is increased after it has been placed
8		in service in the Enterprise Zone by the taxpayer, the
9		amount of such increase shall be deemed property placed in
10		service on the date of such increase in basis.
11		(5) The term "placed in service" shall have the same
12		meaning as under Section 46 of the Internal Revenue Code.
13		(6) If during any taxable year, any property ceases to
14		be qualified property in the hands of the taxpayer within
15		48 months after being placed in service, or the situs of
16		any qualified property is moved outside the Enterprise Zone
17		within 48 months after being placed in service, the tax
18		imposed under subsections (a) and (b) of this Section for
19		such taxable year shall be increased. Such increase shall
20		be determined by (i) recomputing the investment credit
21		which would have been allowed for the year in which credit
22		for such property was originally allowed by eliminating
23		such property from such computation, and (ii) subtracting
24		such recomputed credit from the amount of credit previously
25		allowed. For the purposes of this paragraph (6), a
26		reduction of the basis of qualified property resulting from
27		a redetermination of the purchase price shall be deemed a
28		disposition of qualified property to the extent of such
29		reduction.
30		(g) Jobs Tax Credit; Enterprise Zone and Foreign Trade
31		Zone or Sub-Zone.
32		(1) A taxpayer conducting a trade or business in an
33		enterprise zone or a High Impact Business designated by the
34		Department of Commerce and Economic Opportunity Community
35		Affairs conducting a trade or business in a federally
36		designated Foreign Trade Zone or Sub-Zone shall be allowed

1		a credit against the tax imposed by subsections (a) and (b)
2		of this Section in the amount of $500 per eligible employee
3		hired to work in the zone during the taxable year.
4		(2) To qualify for the credit:
5		(A) the taxpayer must hire 5 or more eligible
6		employees to work in an enterprise zone or federally
7		designated Foreign Trade Zone or Sub-Zone during the
8		taxable year;
9		(B) the taxpayer's total employment within the
10		enterprise zone or federally designated Foreign Trade
11		Zone or Sub-Zone must increase by 5 or more full-time
12		employees beyond the total employed in that zone at the
13		end of the previous tax year for which a jobs tax
14		credit under this Section was taken, or beyond the
15		total employed by the taxpayer as of December 31, 1985,
16		whichever is later; and
17		(C) the eligible employees must be employed 180
18		consecutive days in order to be deemed hired for
19		purposes of this subsection.
20		(3) An "eligible employee" means an employee who is:
21		(A) Certified by the Department of Commerce and
22		Economic Opportunity Community Affairs as "eligible
23		for services" pursuant to regulations promulgated in
24		accordance with Title II of the Job Training
25		Partnership Act, Training Services for the
26		Disadvantaged or Title III of the Job Training
27		Partnership Act, Employment and Training Assistance
28		for Dislocated Workers Program.
29		(B) Hired after the enterprise zone or federally
30		designated Foreign Trade Zone or Sub-Zone was
31		designated or the trade or business was located in that
32		zone, whichever is later.
33		(C) Employed in the enterprise zone or Foreign
34		Trade Zone or Sub-Zone. An employee is employed in an
35		enterprise zone or federally designated Foreign Trade
36		Zone or Sub-Zone if his services are rendered there or

1		it is the base of operations for the services
2		performed.
3		(D) A full-time employee working 30 or more hours
4		per week.
5		(4) For tax years ending on or after December 31, 1985
6		and prior to December 31, 1988, the credit shall be allowed
7		for the tax year in which the eligible employees are hired.
8		For tax years ending on or after December 31, 1988, the
9		credit shall be allowed for the tax year immediately
10		following the tax year in which the eligible employees are
11		hired. If the amount of the credit exceeds the tax
12		liability for that year, whether it exceeds the original
13		liability or the liability as later amended, such excess
14		may be carried forward and applied to the tax liability of
15		the 5 taxable years following the excess credit year. The
16		credit shall be applied to the earliest year for which
17		there is a liability. If there is credit from more than one
18		tax year that is available to offset a liability, earlier
19		credit shall be applied first.
20		(5) The Department of Revenue shall promulgate such
21		rules and regulations as may be deemed necessary to carry
22		out the purposes of this subsection (g).
23		(6) The credit shall be available for eligible
24		employees hired on or after January 1, 1986.
25		(h) Investment credit; High Impact Business.
26		(1) Subject to subsections (b) and (b-5) of Section 5.5
27		of the Illinois Enterprise Zone Act, a taxpayer shall be
28		allowed a credit against the tax imposed by subsections (a)
29		and (b) of this Section for investment in qualified
30		property which is placed in service by a Department of
31		Commerce and Economic Opportunity Community Affairs
32		designated High Impact Business. The credit shall be .5% of
33		the basis for such property. The credit shall not be
34		available (i) until the minimum investments in qualified
35		property set forth in subdivision (a)(3)(A) of Section 5.5
36		of the Illinois Enterprise Zone Act have been satisfied or

1		(ii) until the time authorized in subsection (b-5) of the
2		Illinois Enterprise Zone Act for entities designated as
3		High Impact Businesses under subdivisions (a)(3)(B),
4		(a)(3)(C), and (a)(3)(D) of Section 5.5 of the Illinois
5		Enterprise Zone Act, and shall not be allowed to the extent
6		that it would reduce a taxpayer's liability for the tax
7		imposed by subsections (a) and (b) of this Section to below
8		zero. The credit applicable to such investments shall be
9		taken in the taxable year in which such investments have
10		been completed. The credit for additional investments
11		beyond the minimum investment by a designated high impact
12		business authorized under subdivision (a)(3)(A) of Section
13		5.5 of the Illinois Enterprise Zone Act shall be available
14		only in the taxable year in which the property is placed in
15		service and shall not be allowed to the extent that it
16		would reduce a taxpayer's liability for the tax imposed by
17		subsections (a) and (b) of this Section to below zero. For
18		tax years ending on or after December 31, 1987, the credit
19		shall be allowed for the tax year in which the property is
20		placed in service, or, if the amount of the credit exceeds
21		the tax liability for that year, whether it exceeds the
22		original liability or the liability as later amended, such
23		excess may be carried forward and applied to the tax
24		liability of the 5 taxable years following the excess
25		credit year. The credit shall be applied to the earliest
26		year for which there is a liability. If there is credit
27		from more than one tax year that is available to offset a
28		liability, the credit accruing first in time shall be
29		applied first.
30		Changes made in this subdivision (h)(1) by Public Act
31		88-670 restore changes made by Public Act 85-1182 and
32		reflect existing law.
33		(2) The term qualified property means property which:
34		(A) is tangible, whether new or used, including
35		buildings and structural components of buildings;
36		(B) is depreciable pursuant to Section 167 of the

1		Internal Revenue Code, except that "3-year property"
2		as defined in Section 168(c)(2)(A) of that Code is not
3		eligible for the credit provided by this subsection
4		(h);
5		(C) is acquired by purchase as defined in Section
6		179(d) of the Internal Revenue Code; and
7		(D) is not eligible for the Enterprise Zone
8		Investment Credit provided by subsection (f) of this
9		Section.
10		(3) The basis of qualified property shall be the basis
11		used to compute the depreciation deduction for federal
12		income tax purposes.
13		(4) If the basis of the property for federal income tax
14		depreciation purposes is increased after it has been placed
15		in service in a federally designated Foreign Trade Zone or
16		Sub-Zone located in Illinois by the taxpayer, the amount of
17		such increase shall be deemed property placed in service on
18		the date of such increase in basis.
19		(5) The term "placed in service" shall have the same
20		meaning as under Section 46 of the Internal Revenue Code.
21		(6) If during any taxable year ending on or before
22		December 31, 1996, any property ceases to be qualified
23		property in the hands of the taxpayer within 48 months
24		after being placed in service, or the situs of any
25		qualified property is moved outside Illinois within 48
26		months after being placed in service, the tax imposed under
27		subsections (a) and (b) of this Section for such taxable
28		year shall be increased. Such increase shall be determined
29		by (i) recomputing the investment credit which would have
30		been allowed for the year in which credit for such property
31		was originally allowed by eliminating such property from
32		such computation, and (ii) subtracting such recomputed
33		credit from the amount of credit previously allowed. For
34		the purposes of this paragraph (6), a reduction of the
35		basis of qualified property resulting from a
36		redetermination of the purchase price shall be deemed a

1		disposition of qualified property to the extent of such
2		reduction.
3		(7) Beginning with tax years ending after December 31,
4		1996, if a taxpayer qualifies for the credit under this
5		subsection (h) and thereby is granted a tax abatement and
6		the taxpayer relocates its entire facility in violation of
7		the explicit terms and length of the contract under Section
8		18-183 of the Property Tax Code, the tax imposed under
9		subsections (a) and (b) of this Section shall be increased
10		for the taxable year in which the taxpayer relocated its
11		facility by an amount equal to the amount of credit
12		received by the taxpayer under this subsection (h).
13		(i) Credit for Personal Property Tax Replacement Income
14		Tax. For tax years ending prior to December 31, 2003, a credit
15		shall be allowed against the tax imposed by subsections (a) and
16		(b) of this Section for the tax imposed by subsections (c) and
17		(d) of this Section. This credit shall be computed by
18		multiplying the tax imposed by subsections (c) and (d) of this
19		Section by a fraction, the numerator of which is base income
20		allocable to Illinois and the denominator of which is Illinois
21		base income, and further multiplying the product by the tax
22		rate imposed by subsections (a) and (b) of this Section.
23		Any credit earned on or after December 31, 1986 under this
24		subsection which is unused in the year the credit is computed
25		because it exceeds the tax liability imposed by subsections (a)
26		and (b) for that year (whether it exceeds the original
27		liability or the liability as later amended) may be carried
28		forward and applied to the tax liability imposed by subsections
29		(a) and (b) of the 5 taxable years following the excess credit
30		year, provided that no credit may be carried forward to any
31		year ending on or after December 31, 2003. This credit shall be
32		applied first to the earliest year for which there is a
33		liability. If there is a credit under this subsection from more
34		than one tax year that is available to offset a liability the
35		earliest credit arising under this subsection shall be applied
36		first.

1		If, during any taxable year ending on or after December 31,
2		1986, the tax imposed by subsections (c) and (d) of this
3		Section for which a taxpayer has claimed a credit under this
4		subsection (i) is reduced, the amount of credit for such tax
5		shall also be reduced. Such reduction shall be determined by
6		recomputing the credit to take into account the reduced tax
7		imposed by subsections (c) and (d). If any portion of the
8		reduced amount of credit has been carried to a different
9		taxable year, an amended return shall be filed for such taxable
10		year to reduce the amount of credit claimed.
11		(j) Training expense credit. Beginning with tax years
12		ending on or after December 31, 1986 and prior to December 31,
13		2003, a taxpayer shall be allowed a credit against the tax
14		imposed by subsections (a) and (b) under this Section for all
15		amounts paid or accrued, on behalf of all persons employed by
16		the taxpayer in Illinois or Illinois residents employed outside
17		of Illinois by a taxpayer, for educational or vocational
18		training in semi-technical or technical fields or semi-skilled
19		or skilled fields, which were deducted from gross income in the
20		computation of taxable income. The credit against the tax
21		imposed by subsections (a) and (b) shall be 1.6% of such
22		training expenses. For partners, shareholders of subchapter S
23		corporations, and owners of limited liability companies, if the
24		liability company is treated as a partnership for purposes of
25		federal and State income taxation, there shall be allowed a
26		credit under this subsection (j) to be determined in accordance
27		with the determination of income and distributive share of
28		income under Sections 702 and 704 and subchapter S of the
29		Internal Revenue Code.
30		Any credit allowed under this subsection which is unused in
31		the year the credit is earned may be carried forward to each of
32		the 5 taxable years following the year for which the credit is
33		first computed until it is used. This credit shall be applied
34		first to the earliest year for which there is a liability. If
35		there is a credit under this subsection from more than one tax
36		year that is available to offset a liability the earliest

1		credit arising under this subsection shall be applied first. No
2		carryforward credit may be claimed in any tax year ending on or
3		after December 31, 2003.
4		(k) Research and development credit.
5		For tax years ending after July 1, 1990 and prior to
6		December 31, 2003, a taxpayer shall be allowed a credit against
7		the tax imposed by subsections (a) and (b) of this Section for
8		increasing research activities in this State. The credit
9		allowed against the tax imposed by subsections (a) and (b)
10		shall be equal to 6 1/2% of the qualifying expenditures for
11		increasing research activities in this State. For partners,
12		shareholders of subchapter S corporations, and owners of
13		limited liability companies, if the liability company is
14		treated as a partnership for purposes of federal and State
15		income taxation, there shall be allowed a credit under this
16		subsection to be determined in accordance with the
17		determination of income and distributive share of income under
18		Sections 702 and 704 and subchapter S of the Internal Revenue
19		Code.
20		For purposes of this subsection, "qualifying expenditures"
21		means the qualifying expenditures as defined for the federal
22		credit for increasing research activities which would be
23		allowable under Section 41 of the Internal Revenue Code and
24		which are conducted in this State, "qualifying expenditures for
25		increasing research activities in this State" means the excess
26		of qualifying expenditures for the taxable year in which
27		incurred over qualifying expenditures for the base period,
28		"qualifying expenditures for the base period" means the average
29		of the qualifying expenditures for each year in the base
30		period, and "base period" means the 3 taxable years immediately
31		preceding the taxable year for which the determination is being
32		made.
33		Any credit in excess of the tax liability for the taxable
34		year may be carried forward. A taxpayer may elect to have the
35		unused credit shown on its final completed return carried over
36		as a credit against the tax liability for the following 5

1		taxable years or until it has been fully used, whichever occurs
2		first; provided that no credit may be carried forward to any
3		year ending on or after December 31, 2003.
4		If an unused credit is carried forward to a given year from
5		2 or more earlier years, that credit arising in the earliest
6		year will be applied first against the tax liability for the
7		given year. If a tax liability for the given year still
8		remains, the credit from the next earliest year will then be
9		applied, and so on, until all credits have been used or no tax
10		liability for the given year remains. Any remaining unused
11		credit or credits then will be carried forward to the next
12		following year in which a tax liability is incurred, except
13		that no credit can be carried forward to a year which is more
14		than 5 years after the year in which the expense for which the
15		credit is given was incurred.
16		No inference shall be drawn from this amendatory Act of the
17		91st General Assembly in construing this Section for taxable
18		years beginning before January 1, 1999.
19		(l) Environmental Remediation Tax Credit.
20		(i) For tax years ending after December 31, 1997 and on
21		or before December 31, 2001, a taxpayer shall be allowed a
22		credit against the tax imposed by subsections (a) and (b)
23		of this Section for certain amounts paid for unreimbursed
24		eligible remediation costs, as specified in this
25		subsection. For purposes of this Section, "unreimbursed
26		eligible remediation costs" means costs approved by the
27		Illinois Environmental Protection Agency ("Agency") under
28		Section 58.14 of the Environmental Protection Act that were
29		paid in performing environmental remediation at a site for
30		which a No Further Remediation Letter was issued by the
31		Agency and recorded under Section 58.10 of the
32		Environmental Protection Act. The credit must be claimed
33		for the taxable year in which Agency approval of the
34		eligible remediation costs is granted. The credit is not
35		available to any taxpayer if the taxpayer or any related
36		party caused or contributed to, in any material respect, a

1		release of regulated substances on, in, or under the site
2		that was identified and addressed by the remedial action
3		pursuant to the Site Remediation Program of the
4		Environmental Protection Act. After the Pollution Control
5		Board rules are adopted pursuant to the Illinois
6		Administrative Procedure Act for the administration and
7		enforcement of Section 58.9 of the Environmental
8		Protection Act, determinations as to credit availability
9		for purposes of this Section shall be made consistent with
10		those rules. For purposes of this Section, "taxpayer"
11		includes a person whose tax attributes the taxpayer has
12		succeeded to under Section 381 of the Internal Revenue Code
13		and "related party" includes the persons disallowed a
14		deduction for losses by paragraphs (b), (c), and (f)(1) of
15		Section 267 of the Internal Revenue Code by virtue of being
16		a related taxpayer, as well as any of its partners. The
17		credit allowed against the tax imposed by subsections (a)
18		and (b) shall be equal to 25% of the unreimbursed eligible
19		remediation costs in excess of $100,000 per site, except
20		that the $100,000 threshold shall not apply to any site
21		contained in an enterprise zone as determined by the
22		Department of Commerce and Community Affairs (now
23		Department of Commerce and Economic Opportunity). The
24		total credit allowed shall not exceed $40,000 per year with
25		a maximum total of $150,000 per site. For partners and
26		shareholders of subchapter S corporations, there shall be
27		allowed a credit under this subsection to be determined in
28		accordance with the determination of income and
29		distributive share of income under Sections 702 and 704 and
30		subchapter S of the Internal Revenue Code.
31		(ii) A credit allowed under this subsection that is
32		unused in the year the credit is earned may be carried
33		forward to each of the 5 taxable years following the year
34		for which the credit is first earned until it is used. The
35		term "unused credit" does not include any amounts of
36		unreimbursed eligible remediation costs in excess of the

1		maximum credit per site authorized under paragraph (i).
2		This credit shall be applied first to the earliest year for
3		which there is a liability. If there is a credit under this
4		subsection from more than one tax year that is available to
5		offset a liability, the earliest credit arising under this
6		subsection shall be applied first. A credit allowed under
7		this subsection may be sold to a buyer as part of a sale of
8		all or part of the remediation site for which the credit
9		was granted. The purchaser of a remediation site and the
10		tax credit shall succeed to the unused credit and remaining
11		carry-forward period of the seller. To perfect the
12		transfer, the assignor shall record the transfer in the
13		chain of title for the site and provide written notice to
14		the Director of the Illinois Department of Revenue of the
15		assignor's intent to sell the remediation site and the
16		amount of the tax credit to be transferred as a portion of
17		the sale. In no event may a credit be transferred to any
18		taxpayer if the taxpayer or a related party would not be
19		eligible under the provisions of subsection (i).
20		(iii) For purposes of this Section, the term "site"
21		shall have the same meaning as under Section 58.2 of the
22		Environmental Protection Act.
23		(m) Education expense credit. Beginning with tax years
24		ending after December 31, 1999, a taxpayer who is the custodian
25		of one or more qualifying pupils shall be allowed a credit
26		against the tax imposed by subsections (a) and (b) of this
27		Section for qualified education expenses incurred on behalf of
28		the qualifying pupils. The credit shall be equal to 25% of
29		qualified education expenses, but in no event may the total
30		credit under this subsection claimed by a family that is the
31		custodian of qualifying pupils exceed $500. In no event shall a
32		credit under this subsection reduce the taxpayer's liability
33		under this Act to less than zero. This subsection is exempt
34		from the provisions of Section 250 of this Act.
35		For purposes of this subsection:
36		"Qualifying pupils" means individuals who (i) are

1		residents of the State of Illinois, (ii) are under the age of
2		21 at the close of the school year for which a credit is
3		sought, and (iii) during the school year for which a credit is
4		sought were full-time pupils enrolled in a kindergarten through
5		twelfth grade education program at any school, as defined in
6		this subsection.
7		"Qualified education expense" means the amount incurred on
8		behalf of a qualifying pupil in excess of $250 for tuition,
9		book fees, and lab fees at the school in which the pupil is
10		enrolled during the regular school year.
11		"School" means any public or nonpublic elementary or
12		secondary school in Illinois that is in compliance with Title
13		VI of the Civil Rights Act of 1964 and attendance at which
14		satisfies the requirements of Section 26-1 of the School Code,
15		except that nothing shall be construed to require a child to
16		attend any particular public or nonpublic school to qualify for
17		the credit under this Section.
18		"Custodian" means, with respect to qualifying pupils, an
19		Illinois resident who is a parent, the parents, a legal
20		guardian, or the legal guardians of the qualifying pupils.
21		(Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-651,
22		eff. 7-11-02; 92-846, eff. 8-23-02; 93-29, eff. 6-20-03;
23		revised 12-6-03.)
24		(35 ILCS 5/211)
25		Sec. 211. Economic Development for a Growing Economy Tax
26		Credit. For tax years beginning on or after January 1, 1999, a
27		Taxpayer who has entered into an Agreement under the Economic
28		Development for a Growing Economy Tax Credit Act is entitled to
29		a credit against the taxes imposed under subsections (a) and
30		(b) of Section 201 of this Act in an amount to be determined in
31		the Agreement. If the Taxpayer is a partnership or Subchapter S
32		corporation, the credit shall be allowed to the partners or
33		shareholders in accordance with the determination of income and
34		distributive share of income under Sections 702 and 704 and
35		subchapter S of the Internal Revenue Code. The Department, in

1		cooperation with the Department of Commerce and Economic
2		Opportunity Community Affairs, shall prescribe rules to
3		enforce and administer the provisions of this Section. This
4		Section is exempt from the provisions of Section 250 of this
5		Act.
6		The credit shall be subject to the conditions set forth in
7		the Agreement and the following limitations:
8		(1) The tax credit shall not exceed the Incremental
9		Income Tax (as defined in Section 5-5 of the Economic
10		Development for a Growing Economy Tax Credit Act) with
11		respect to the project.
12		(2) The amount of the credit allowed during the tax
13		year plus the sum of all amounts allowed in prior years
14		shall not exceed 100% of the aggregate amount expended by
15		the Taxpayer during all prior tax years on approved costs
16		defined by Agreement.
17		(3) The amount of the credit shall be determined on an
18		annual basis. Except as applied in a carryover year
19		pursuant to Section 211(4) of this Act, the credit may not
20		be applied against any State income tax liability in more
21		than 10 taxable years; provided, however, that (i) an
22		eligible business certified by the Department of Commerce
23		and Economic Opportunity Community Affairs under the
24		Corporate Headquarters Relocation Act may not apply the
25		credit against any of its State income tax liability in
26		more than 15 taxable years and (ii) credits allowed to that
27		eligible business are subject to the conditions and
28		requirements set forth in Sections 5-35 and 5-45 of the
29		Economic Development for a Growing Economy Tax Credit Act.
30		(4) The credit may not exceed the amount of taxes
31		imposed pursuant to subsections (a) and (b) of Section 201
32		of this Act. Any credit that is unused in the year the
33		credit is computed may be carried forward and applied to
34		the tax liability of the 5 taxable years following the
35		excess credit year. The credit shall be applied to the
36		earliest year for which there is a tax liability. If there

1		are credits from more than one tax year that are available
2		to offset a liability, the earlier credit shall be applied
3		first.
4		(5) No credit shall be allowed with respect to any
5		Agreement for any taxable year ending after the
6		Noncompliance Date. Upon receiving notification by the
7		Department of Commerce and Economic Opportunity Community
8		Affairs of the noncompliance of a Taxpayer with an
9		Agreement, the Department shall notify the Taxpayer that no
10		credit is allowed with respect to that Agreement for any
11		taxable year ending after the Noncompliance Date, as stated
12		in such notification. If any credit has been allowed with
13		respect to an Agreement for a taxable year ending after the
14		Noncompliance Date for that Agreement, any refund paid to
15		the Taxpayer for that taxable year shall, to the extent of
16		that credit allowed, be an erroneous refund within the
17		meaning of Section 912 of this Act.
18		(6) For purposes of this Section, the terms
19		"Agreement", "Incremental Income Tax", and "Noncompliance
20		Date" have the same meaning as when used in the Economic
21		Development for a Growing Economy Tax Credit Act.
22		(Source: P.A. 91-476, eff. 8-11-99; 92-207, eff. 8-1-01;
23		revised 12-6-03.)
24		(35 ILCS 5/213)
25		Sec. 213. Film production services credit. For tax years
26		beginning on or after January 1, 2004, a taxpayer who has been
27		awarded a tax credit under the Film Production Services Tax
28		Credit Act is entitled to a credit against the taxes imposed
29		under subsections (a) and (b) of Section 201 of this Act in an
30		amount determined by the Department of Commerce and Economic
31		Opportunity Community Affairs under the Film Production
32		Services Tax Credit Act. If the taxpayer is a partnership or
33		Subchapter S corporation, the credit is allowed to the partners
34		or shareholders in accordance with the determination of income
35		and distributive share of income under Sections 702 and 704 and

1		Subchapter S of the Internal Revenue Code. The Department, in
2		cooperation with the Department of Commerce and Economic
3		Opportunity Community Affairs, must prescribe rules to enforce
4		and administer the provisions of this Section. This Section is
5		exempt from the provisions of Section 250 of this Act.
6		The credit may not be carried forward or back. In no event
7		shall a credit under this Section reduce the taxpayer's
8		liability to less than zero.
9		(Source: P.A. 93-543, eff. 1-1-04; revised 12-6-03.)

10		Section 465. The Economic Development for a Growing Economy
11		Tax Credit Act is amended by changing Sections 5-5, 5-25, and
12		5-45 as follows:
13		(35 ILCS 10/5-5)
14		Sec. 5-5. Definitions. As used in this Act:
15		"Agreement" means the Agreement between a Taxpayer and the
16		Department under the provisions of Section 5-50 of this Act.
17		"Applicant" means a Taxpayer that is operating a business
18		located or that the Taxpayer plans to locate within the State
19		of Illinois and that is engaged in interstate or intrastate
20		commerce for the purpose of manufacturing, processing,
21		assembling, warehousing, or distributing products, conducting
22		research and development, providing tourism services, or
23		providing services in interstate commerce, office industries,
24		or agricultural processing, but excluding retail, retail food,
25		health, or professional services. "Applicant" does not include
26		a Taxpayer who closes or substantially reduces an operation at
27		one location in the State and relocates substantially the same
28		operation to another location in the State. This does not
29		prohibit a Taxpayer from expanding its operations at another
30		location in the State, provided that existing operations of a
31		similar nature located within the State are not closed or
32		substantially reduced. This also does not prohibit a Taxpayer
33		from moving its operations from one location in the State to
34		another location in the State for the purpose of expanding the

1		operation provided that the Department determines that
2		expansion cannot reasonably be accommodated within the
3		municipality in which the business is located, or in the case
4		of a business located in an incorporated area of the county,
5		within the county in which the business is located, after
6		conferring with the chief elected official of the municipality
7		or county and taking into consideration any evidence offered by
8		the municipality or county regarding the ability to accommodate
9		expansion within the municipality or county.
10		"Committee" means the Illinois Business Investment
11		Committee created under Section 5-25 of this Act within the
12		Illinois Economic Development Board.
13		"Credit" means the amount agreed to between the Department
14		and Applicant under this Act, but not to exceed the Incremental
15		Income Tax attributable to the Applicant's project.
16		"Department" means the Department of Commerce and Economic
17		Opportunity Community Affairs.
18		"Director" means the Director of Commerce and Economic
19		Opportunity Community Affairs.
20		"Full-time Employee" means an individual who is employed
21		for consideration for at least 35 hours each week or who
22		renders any other standard of service generally accepted by
23		industry custom or practice as full-time employment.
24		"Incremental Income Tax" means the total amount withheld
25		during the taxable year from the compensation of New Employees
26		under Article 7 of the Illinois Income Tax Act arising from
27		employment at a project that is the subject of an Agreement.
28		"New Employee" means:
29		(a) A Full-time Employee first employed by a Taxpayer
30		in the project that is the subject of an Agreement and who
31		is hired after the Taxpayer enters into the tax credit
32		Agreement.
33		(b) The term "New Employee" does not include:
34		(1) an employee of the Taxpayer who performs a job
35		that was previously performed by another employee, if
36		that job existed for at least 6 months before hiring

1		the employee;
2		(2) an employee of the Taxpayer who was previously
3		employed in Illinois by a Related Member of the
4		Taxpayer and whose employment was shifted to the
5		Taxpayer after the Taxpayer entered into the tax credit
6		Agreement; or
7		(3) a child, grandchild, parent, or spouse, other
8		than a spouse who is legally separated from the
9		individual, of any individual who has a direct or an
10		indirect ownership interest of at least 5% in the
11		profits, capital, or value of the Taxpayer.
12		(c) Notwithstanding paragraph (1) of subsection (b),
13		an employee may be considered a New Employee under the
14		Agreement if the employee performs a job that was
15		previously performed by an employee who was:
16		(1) treated under the Agreement as a New Employee;
17		and
18		(2) promoted by the Taxpayer to another job.
19		(d) Notwithstanding subsection (a), the Department may
20		award Credit to an Applicant with respect to an employee
21		hired prior to the date of the Agreement if:
22		(1) the Applicant is in receipt of a letter from
23		the Department stating an intent to enter into a credit
24		Agreement;
25		(2) the letter described in paragraph (1) is issued
26		by the Department not later than 15 days after the
27		effective date of this Act; and
28		(3) the employee was hired after the date the
29		letter described in paragraph (1) was issued.
30		"Noncompliance Date" means, in the case of a Taxpayer that
31		is not complying with the requirements of the Agreement or the
32		provisions of this Act, the day following the last date upon
33		which the Taxpayer was in compliance with the requirements of
34		the Agreement and the provisions of this Act, as determined by
35		the Director, pursuant to Section 5-65.
36		"Pass Through Entity" means an entity that is exempt from

1		the tax under subsection (b) or (c) of Section 205 of the
2		Illinois Income Tax Act.
3		"Related Member" means a person that, with respect to the
4		Taxpayer during any portion of the taxable year, is any one of
5		the following:
6		(1) An individual stockholder, if the stockholder and
7		the members of the stockholder's family (as defined in
8		Section 318 of the Internal Revenue Code) own directly,
9		indirectly, beneficially, or constructively, in the
10		aggregate, at least 50% of the value of the Taxpayer's
11		outstanding stock.
12		(2) A partnership, estate, or trust and any partner or
13		beneficiary, if the partnership, estate, or trust, and its
14		partners or beneficiaries own directly, indirectly,
15		beneficially, or constructively, in the aggregate, at
16		least 50% of the profits, capital, stock, or value of the
17		Taxpayer.
18		(3) A corporation, and any party related to the
19		corporation in a manner that would require an attribution
20		of stock from the corporation to the party or from the
21		party to the corporation under the attribution rules of
22		Section 318 of the Internal Revenue Code, if the Taxpayer
23		owns directly, indirectly, beneficially, or constructively
24		at least 50% of the value of the corporation's outstanding
25		stock.
26		(4) A corporation and any party related to that
27		corporation in a manner that would require an attribution
28		of stock from the corporation to the party or from the
29		party to the corporation under the attribution rules of
30		Section 318 of the Internal Revenue Code, if the
31		corporation and all such related parties own in the
32		aggregate at least 50% of the profits, capital, stock, or
33		value of the Taxpayer.
34		(5) A person to or from whom there is attribution of
35		stock ownership in accordance with Section 1563(e) of the
36		Internal Revenue Code, except, for purposes of determining

1		whether a person is a Related Member under this paragraph,
2		20% shall be substituted for 5% wherever 5% appears in
3		Section 1563(e) of the Internal Revenue Code.
4		"Taxpayer" means an individual, corporation, partnership,
5		or other entity that has any Illinois Income Tax liability.
6		(Source: P.A. 91-476, eff. 8-11-99; 92-651, eff. 7-11-02;
7		revised 12-6-03.)
8		(35 ILCS 10/5-25)
9		Sec. 5-25. Review of Application.
10		(a) In addition to those duties granted under the Illinois
11		Economic Development Board Act, the Illinois Economic
12		Development Board shall form a Business Investment Committee
13		for the purpose of making recommendations for applications. At
14		the request of the Board, the Director of Commerce and Economic
15		Opportunity Community Affairs or his or her designee, the
16		Director of the Governor's Office of Management and Budget
17		Bureau of the Budget or his or her designee, the Director of
18		Revenue or his or her designee, the Director of Employment
19		Security or his or her designee, and an elected official of the
20		affected locality, such as the chair of the county board or the
21		mayor, may serve as members of the Committee to assist with its
22		analysis and deliberations.
23		(b) At the Department's request, the Committee shall
24		convene, make inquiries, and conduct studies in the manner and
25		by the methods as it deems desirable, review information with
26		respect to Applicants, and make recommendations for projects to
27		benefit the State. In making its recommendation that an
28		Applicant's application for Credit should or should not be
29		accepted, which shall occur within a reasonable time frame as
30		determined by the nature of the application, the Committee
31		shall determine that all the following conditions exist:
32		(1) The Applicant's project intends, as required by
33		subsection (b) of Section 5-20 to make the required
34		investment in the State and intends to hire the required
35		number of New Employees in Illinois as a result of that

1		project.
2		(2) The Applicant's project is economically sound and
3		will benefit the people of the State of Illinois by
4		increasing opportunities for employment and strengthen the
5		economy of Illinois.
6		(3) That, if not for the Credit, the project would not
7		occur in Illinois, which may be demonstrated by any means
8		including, but not limited to, evidence the Applicant has
9		multi-state location options and could reasonably and
10		efficiently locate outside of the State, or demonstration
11		that at least one other state is being considered for the
12		project, or evidence the receipt of the Credit is a major
13		factor in the Applicant's decision and that without the
14		Credit, the Applicant likely would not create new jobs in
15		Illinois, or demonstration that receiving the Credit is
16		essential to the Applicant's decision to create or retain
17		new jobs in the State.
18		(4) A cost differential is identified, using best
19		available data, in the projected costs for the Applicant's
20		project compared to the costs in the competing state,
21		including the impact of the competing state's incentive
22		programs. The competing state's incentive programs shall
23		include state, local, private, and federal funds
24		available.
25		(5) The political subdivisions affected by the project
26		have committed local incentives with respect to the
27		project, considering local ability to assist.
28		(6) Awarding the Credit will result in an overall
29		positive fiscal impact to the State, as certified by the
30		Committee using the best available data.
31		(7) The Credit is not prohibited by Section 5-35 of
32		this Act.
33		(Source: P.A. 91-476, eff. 8-11-99; revised 8-23-03.)
34		(35 ILCS 10/5-45)
35		Sec. 5-45. Amount and duration of the credit.

1		(a) The Department shall determine the amount and duration
2		of the credit awarded under this Act. The duration of the
3		credit may not exceed 10 taxable years. The credit may be
4		stated as a percentage of the Incremental Income Tax
5		attributable to the applicant's project and may include a fixed
6		dollar limitation.
7		(b) Notwithstanding subsection (a), and except as the
8		credit may be applied in a carryover year pursuant to Section
9		211(4) of the Illinois Income Tax Act, the credit may be
10		applied against the State income tax liability in more than 10
11		taxable years but not in more than 15 taxable years for an
12		eligible business that (i) qualifies under this Act and the
13		Corporate Headquarters Relocation Act and has in fact
14		undertaken a qualifying project within the time frame specified
15		by the Department of Commerce and Economic Opportunity
16		Community Affairs under that Act, and (ii) applies against its
17		State income tax liability, during the entire 15-year period,
18		no more than 60% of the maximum credit per year that would
19		otherwise be available under this Act.
20		(Source: P.A. 91-476, eff. 8-11-99; 92-207, eff. 8-1-01;
21		revised 12-6-03.)

22		Section 470. The Film Production Services Tax Credit Act is
23		amended by changing Section 10 as follows:
24		(35 ILCS 15/10)
25		(Section scheduled to be repealed on January 1, 2005)
26		Sec. 10. Definitions. As used in this Act:
27		"Accredited production" means a film, video, or television
28		production that has been certified by the Department in which
29		the aggregate Illinois labor expenditures included in the cost
30		of the production, in the period that ends 12 months after the
31		time principal filming or taping of the production began,
32		exceed $100,000 for productions of 30 minutes or longer, or
33		$50,000 for productions of less than 30 minutes; but does not
34		include a production that:

1		(1) is news, current events, or public programming, or
2		a program that includes weather or market reports;
3		(2) is a talk show;
4		(3) is a production in respect of a game,
5		questionnaire, or contest;
6		(4) is a sports event or activity;
7		(5) is a gala presentation or awards show;
8		(6) is a finished production that solicits funds;
9		(7) is a production produced by a film production
10		company if records, as required by 18 U.S.C. 2257, are to
11		be maintained by that film production company with respect
12		to any performer portrayed in that single media or
13		multimedia program; or
14		(8) is a production produced primarily for industrial,
15		corporate, or institutional purposes.
16		"Accredited production certificate" means a certificate
17		issued by the Department certifying that the production is an
18		accredited production that meets the guidelines of this Act.
19		"Applicant" means a taxpayer that is a film production
20		company that is operating or has operated an accredited
21		production located within the State of Illinois and that (i)
22		owns the copyright in the accredited production throughout the
23		Illinois production period or (ii) has contracted directly with
24		the owner of the copyright in the accredited production or a
25		person acting on behalf of the owner to provide services for
26		the production, where the owner of the copyright is not an
27		eligible production corporation.
28		"Credit" means the amount equal to 25% of the Illinois
29		labor expenditure approved by the Department. The applicant is
30		deemed to have paid, on its balance due day for the year, an
31		amount equal to 25% of its qualified Illinois labor expenditure
32		for the tax year.
33		"Department" means the Department of Commerce and Economic
34		Opportunity Community Affairs.
35		"Director" means the Director of Commerce and Economic
36		Opportunity Community Affairs.

1		"Illinois labor expenditure" means salary or wages paid to
2		employees of the applicant for services on the accredited
3		production;
4		To qualify as an Illinois labor expenditure, the
5		expenditure must be:
6		(1) Reasonable in the circumstances.
7		(2) Included in the federal income tax basis of the
8		property.
9		(3) Incurred by the applicant for services on or after
10		January 1, 2004.
11		(4) Incurred for the production stages of the
12		accredited production, from the final script stage to the
13		end of the post-production stage.
14		(5) Limited to the first $25,000 of wages paid or
15		incurred to each employee of the production.
16		(6) Exclusive of the salary or wages paid to or
17		incurred for the 2 highest paid employees of the
18		production.
19		(7) Directly attributable to the accredited
20		production.
21		(8) Paid in the tax year for which the applicant is
22		claiming the credit or no later than 60 days after the end
23		of the tax year.
24		(9) Paid to persons resident in Illinois at the time
25		the payments were made.
26		(10) Paid for services rendered in Illinois.
27		(Source: P.A. 93-543, eff. 1-1-04; revised 12-6-03.)

28		Section 475. The Use Tax Act is amended by changing Section
29		9 as follows:
30		(35 ILCS 105/9) (from Ch. 120, par. 439.9)
31		Sec. 9. Except as to motor vehicles, watercraft, aircraft,
32		and trailers that are required to be registered with an agency
33		of this State, each retailer required or authorized to collect
34		the tax imposed by this Act shall pay to the Department the

1		amount of such tax (except as otherwise provided) at the time
2		when he is required to file his return for the period during
3		which such tax was collected, less a discount of 2.1% prior to
4		January 1, 1990, and 1.75% on and after January 1, 1990, or $5
5		per calendar year, whichever is greater, which is allowed to
6		reimburse the retailer for expenses incurred in collecting the
7		tax, keeping records, preparing and filing returns, remitting
8		the tax and supplying data to the Department on request. In the
9		case of retailers who report and pay the tax on a transaction
10		by transaction basis, as provided in this Section, such
11		discount shall be taken with each such tax remittance instead
12		of when such retailer files his periodic return. A retailer
13		need not remit that part of any tax collected by him to the
14		extent that he is required to remit and does remit the tax
15		imposed by the Retailers' Occupation Tax Act, with respect to
16		the sale of the same property.
17		Where such tangible personal property is sold under a
18		conditional sales contract, or under any other form of sale
19		wherein the payment of the principal sum, or a part thereof, is
20		extended beyond the close of the period for which the return is
21		filed, the retailer, in collecting the tax (except as to motor
22		vehicles, watercraft, aircraft, and trailers that are required
23		to be registered with an agency of this State), may collect for
24		each tax return period, only the tax applicable to that part of
25		the selling price actually received during such tax return
26		period.
27		Except as provided in this Section, on or before the
28		twentieth day of each calendar month, such retailer shall file
29		a return for the preceding calendar month. Such return shall be
30		filed on forms prescribed by the Department and shall furnish
31		such information as the Department may reasonably require.
32		The Department may require returns to be filed on a
33		quarterly basis. If so required, a return for each calendar
34		quarter shall be filed on or before the twentieth day of the
35		calendar month following the end of such calendar quarter. The
36		taxpayer shall also file a return with the Department for each

1		of the first two months of each calendar quarter, on or before
2		the twentieth day of the following calendar month, stating:
3		1. The name of the seller;
4		2. The address of the principal place of business from
5		which he engages in the business of selling tangible
6		personal property at retail in this State;
7		3. The total amount of taxable receipts received by him
8		during the preceding calendar month from sales of tangible
9		personal property by him during such preceding calendar
10		month, including receipts from charge and time sales, but
11		less all deductions allowed by law;
12		4. The amount of credit provided in Section 2d of this
13		Act;
14		5. The amount of tax due;
15		5-5. The signature of the taxpayer; and
16		6. Such other reasonable information as the Department
17		may require.
18		If a taxpayer fails to sign a return within 30 days after
19		the proper notice and demand for signature by the Department,
20		the return shall be considered valid and any amount shown to be
21		due on the return shall be deemed assessed.
22		Beginning October 1, 1993, a taxpayer who has an average
23		monthly tax liability of $150,000 or more shall make all
24		payments required by rules of the Department by electronic
25		funds transfer. Beginning October 1, 1994, a taxpayer who has
26		an average monthly tax liability of $100,000 or more shall make
27		all payments required by rules of the Department by electronic
28		funds transfer. Beginning October 1, 1995, a taxpayer who has
29		an average monthly tax liability of $50,000 or more shall make
30		all payments required by rules of the Department by electronic
31		funds transfer. Beginning October 1, 2000, a taxpayer who has
32		an annual tax liability of $200,000 or more shall make all
33		payments required by rules of the Department by electronic
34		funds transfer. The term "annual tax liability" shall be the
35		sum of the taxpayer's liabilities under this Act, and under all
36		other State and local occupation and use tax laws administered

1		by the Department, for the immediately preceding calendar year.
2		The term "average monthly tax liability" means the sum of the
3		taxpayer's liabilities under this Act, and under all other
4		State and local occupation and use tax laws administered by the
5		Department, for the immediately preceding calendar year
6		divided by 12. Beginning on October 1, 2002, a taxpayer who has
7		a tax liability in the amount set forth in subsection (b) of
8		Section 2505-210 of the Department of Revenue Law shall make
9		all payments required by rules of the Department by electronic
10		funds transfer.
11		Before August 1 of each year beginning in 1993, the
12		Department shall notify all taxpayers required to make payments
13		by electronic funds transfer. All taxpayers required to make
14		payments by electronic funds transfer shall make those payments
15		for a minimum of one year beginning on October 1.
16		Any taxpayer not required to make payments by electronic
17		funds transfer may make payments by electronic funds transfer
18		with the permission of the Department.
19		All taxpayers required to make payment by electronic funds
20		transfer and any taxpayers authorized to voluntarily make
21		payments by electronic funds transfer shall make those payments
22		in the manner authorized by the Department.
23		The Department shall adopt such rules as are necessary to
24		effectuate a program of electronic funds transfer and the
25		requirements of this Section.
26		Before October 1, 2000, if the taxpayer's average monthly
27		tax liability to the Department under this Act, the Retailers'
28		Occupation Tax Act, the Service Occupation Tax Act, the Service
29		Use Tax Act was $10,000 or more during the preceding 4 complete
30		calendar quarters, he shall file a return with the Department
31		each month by the 20th day of the month next following the
32		month during which such tax liability is incurred and shall
33		make payments to the Department on or before the 7th, 15th,
34		22nd and last day of the month during which such liability is
35		incurred. On and after October 1, 2000, if the taxpayer's
36		average monthly tax liability to the Department under this Act,

1		the Retailers' Occupation Tax Act, the Service Occupation Tax
2		Act, and the Service Use Tax Act was $20,000 or more during the
3		preceding 4 complete calendar quarters, he shall file a return
4		with the Department each month by the 20th day of the month
5		next following the month during which such tax liability is
6		incurred and shall make payment to the Department on or before
7		the 7th, 15th, 22nd and last day of the month during which such
8		liability is incurred. If the month during which such tax
9		liability is incurred began prior to January 1, 1985, each
10		payment shall be in an amount equal to 1/4 of the taxpayer's
11		actual liability for the month or an amount set by the
12		Department not to exceed 1/4 of the average monthly liability
13		of the taxpayer to the Department for the preceding 4 complete
14		calendar quarters (excluding the month of highest liability and
15		the month of lowest liability in such 4 quarter period). If the
16		month during which such tax liability is incurred begins on or
17		after January 1, 1985, and prior to January 1, 1987, each
18		payment shall be in an amount equal to 22.5% of the taxpayer's
19		actual liability for the month or 27.5% of the taxpayer's
20		liability for the same calendar month of the preceding year. If
21		the month during which such tax liability is incurred begins on
22		or after January 1, 1987, and prior to January 1, 1988, each
23		payment shall be in an amount equal to 22.5% of the taxpayer's
24		actual liability for the month or 26.25% of the taxpayer's
25		liability for the same calendar month of the preceding year. If
26		the month during which such tax liability is incurred begins on
27		or after January 1, 1988, and prior to January 1, 1989, or
28		begins on or after January 1, 1996, each payment shall be in an
29		amount equal to 22.5% of the taxpayer's actual liability for
30		the month or 25% of the taxpayer's liability for the same
31		calendar month of the preceding year. If the month during which
32		such tax liability is incurred begins on or after January 1,
33		1989, and prior to January 1, 1996, each payment shall be in an
34		amount equal to 22.5% of the taxpayer's actual liability for
35		the month or 25% of the taxpayer's liability for the same
36		calendar month of the preceding year or 100% of the taxpayer's

1		actual liability for the quarter monthly reporting period. The
2		amount of such quarter monthly payments shall be credited
3		against the final tax liability of the taxpayer's return for
4		that month. Before October 1, 2000, once applicable, the
5		requirement of the making of quarter monthly payments to the
6		Department shall continue until such taxpayer's average
7		monthly liability to the Department during the preceding 4
8		complete calendar quarters (excluding the month of highest
9		liability and the month of lowest liability) is less than
10		$9,000, or until such taxpayer's average monthly liability to
11		the Department as computed for each calendar quarter of the 4
12		preceding complete calendar quarter period is less than
13		$10,000. However, if a taxpayer can show the Department that a
14		substantial change in the taxpayer's business has occurred
15		which causes the taxpayer to anticipate that his average
16		monthly tax liability for the reasonably foreseeable future
17		will fall below the $10,000 threshold stated above, then such
18		taxpayer may petition the Department for change in such
19		taxpayer's reporting status. On and after October 1, 2000, once
20		applicable, the requirement of the making of quarter monthly
21		payments to the Department shall continue until such taxpayer's
22		average monthly liability to the Department during the
23		preceding 4 complete calendar quarters (excluding the month of
24		highest liability and the month of lowest liability) is less
25		than $19,000 or until such taxpayer's average monthly liability
26		to the Department as computed for each calendar quarter of the
27		4 preceding complete calendar quarter period is less than
28		$20,000. However, if a taxpayer can show the Department that a
29		substantial change in the taxpayer's business has occurred
30		which causes the taxpayer to anticipate that his average
31		monthly tax liability for the reasonably foreseeable future
32		will fall below the $20,000 threshold stated above, then such
33		taxpayer may petition the Department for a change in such
34		taxpayer's reporting status. The Department shall change such
35		taxpayer's reporting status unless it finds that such change is
36		seasonal in nature and not likely to be long term. If any such

1		quarter monthly payment is not paid at the time or in the
2		amount required by this Section, then the taxpayer shall be
3		liable for penalties and interest on the difference between the
4		minimum amount due and the amount of such quarter monthly
5		payment actually and timely paid, except insofar as the
6		taxpayer has previously made payments for that month to the
7		Department in excess of the minimum payments previously due as
8		provided in this Section. The Department shall make reasonable
9		rules and regulations to govern the quarter monthly payment
10		amount and quarter monthly payment dates for taxpayers who file
11		on other than a calendar monthly basis.
12		If any such payment provided for in this Section exceeds
13		the taxpayer's liabilities under this Act, the Retailers'
14		Occupation Tax Act, the Service Occupation Tax Act and the
15		Service Use Tax Act, as shown by an original monthly return,
16		the Department shall issue to the taxpayer a credit memorandum
17		no later than 30 days after the date of payment, which
18		memorandum may be submitted by the taxpayer to the Department
19		in payment of tax liability subsequently to be remitted by the
20		taxpayer to the Department or be assigned by the taxpayer to a
21		similar taxpayer under this Act, the Retailers' Occupation Tax
22		Act, the Service Occupation Tax Act or the Service Use Tax Act,
23		in accordance with reasonable rules and regulations to be
24		prescribed by the Department, except that if such excess
25		payment is shown on an original monthly return and is made
26		after December 31, 1986, no credit memorandum shall be issued,
27		unless requested by the taxpayer. If no such request is made,
28		the taxpayer may credit such excess payment against tax
29		liability subsequently to be remitted by the taxpayer to the
30		Department under this Act, the Retailers' Occupation Tax Act,
31		the Service Occupation Tax Act or the Service Use Tax Act, in
32		accordance with reasonable rules and regulations prescribed by
33		the Department. If the Department subsequently determines that
34		all or any part of the credit taken was not actually due to the
35		taxpayer, the taxpayer's 2.1% or 1.75% vendor's discount shall
36		be reduced by 2.1% or 1.75% of the difference between the

1		credit taken and that actually due, and the taxpayer shall be
2		liable for penalties and interest on such difference.
3		If the retailer is otherwise required to file a monthly
4		return and if the retailer's average monthly tax liability to
5		the Department does not exceed $200, the Department may
6		authorize his returns to be filed on a quarter annual basis,
7		with the return for January, February, and March of a given
8		year being due by April 20 of such year; with the return for
9		April, May and June of a given year being due by July 20 of such
10		year; with the return for July, August and September of a given
11		year being due by October 20 of such year, and with the return
12		for October, November and December of a given year being due by
13		January 20 of the following year.
14		If the retailer is otherwise required to file a monthly or
15		quarterly return and if the retailer's average monthly tax
16		liability to the Department does not exceed $50, the Department
17		may authorize his returns to be filed on an annual basis, with
18		the return for a given year being due by January 20 of the
19		following year.
20		Such quarter annual and annual returns, as to form and
21		substance, shall be subject to the same requirements as monthly
22		returns.
23		Notwithstanding any other provision in this Act concerning
24		the time within which a retailer may file his return, in the
25		case of any retailer who ceases to engage in a kind of business
26		which makes him responsible for filing returns under this Act,
27		such retailer shall file a final return under this Act with the
28		Department not more than one month after discontinuing such
29		business.
30		In addition, with respect to motor vehicles, watercraft,
31		aircraft, and trailers that are required to be registered with
32		an agency of this State, every retailer selling this kind of
33		tangible personal property shall file, with the Department,
34		upon a form to be prescribed and supplied by the Department, a
35		separate return for each such item of tangible personal
36		property which the retailer sells, except that if, in the same

1		transaction, (i) a retailer of aircraft, watercraft, motor
2		vehicles or trailers transfers more than one aircraft,
3		watercraft, motor vehicle or trailer to another aircraft,
4		watercraft, motor vehicle or trailer retailer for the purpose
5		of resale or (ii) a retailer of aircraft, watercraft, motor
6		vehicles, or trailers transfers more than one aircraft,
7		watercraft, motor vehicle, or trailer to a purchaser for use as
8		a qualifying rolling stock as provided in Section 3-55 of this
9		Act, then that seller may report the transfer of all the
10		aircraft, watercraft, motor vehicles or trailers involved in
11		that transaction to the Department on the same uniform
12		invoice-transaction reporting return form. For purposes of
13		this Section, "watercraft" means a Class 2, Class 3, or Class 4
14		watercraft as defined in Section 3-2 of the Boat Registration
15		and Safety Act, a personal watercraft, or any boat equipped
16		with an inboard motor.
17		The transaction reporting return in the case of motor
18		vehicles or trailers that are required to be registered with an
19		agency of this State, shall be the same document as the Uniform
20		Invoice referred to in Section 5-402 of the Illinois Vehicle
21		Code and must show the name and address of the seller; the name
22		and address of the purchaser; the amount of the selling price
23		including the amount allowed by the retailer for traded-in
24		property, if any; the amount allowed by the retailer for the
25		traded-in tangible personal property, if any, to the extent to
26		which Section 2 of this Act allows an exemption for the value
27		of traded-in property; the balance payable after deducting such
28		trade-in allowance from the total selling price; the amount of
29		tax due from the retailer with respect to such transaction; the
30		amount of tax collected from the purchaser by the retailer on
31		such transaction (or satisfactory evidence that such tax is not
32		due in that particular instance, if that is claimed to be the
33		fact); the place and date of the sale; a sufficient
34		identification of the property sold; such other information as
35		is required in Section 5-402 of the Illinois Vehicle Code, and
36		such other information as the Department may reasonably

1		require.
2		The transaction reporting return in the case of watercraft
3		and aircraft must show the name and address of the seller; the
4		name and address of the purchaser; the amount of the selling
5		price including the amount allowed by the retailer for
6		traded-in property, if any; the amount allowed by the retailer
7		for the traded-in tangible personal property, if any, to the
8		extent to which Section 2 of this Act allows an exemption for
9		the value of traded-in property; the balance payable after
10		deducting such trade-in allowance from the total selling price;
11		the amount of tax due from the retailer with respect to such
12		transaction; the amount of tax collected from the purchaser by
13		the retailer on such transaction (or satisfactory evidence that
14		such tax is not due in that particular instance, if that is
15		claimed to be the fact); the place and date of the sale, a
16		sufficient identification of the property sold, and such other
17		information as the Department may reasonably require.
18		Such transaction reporting return shall be filed not later
19		than 20 days after the date of delivery of the item that is
20		being sold, but may be filed by the retailer at any time sooner
21		than that if he chooses to do so. The transaction reporting
22		return and tax remittance or proof of exemption from the tax
23		that is imposed by this Act may be transmitted to the
24		Department by way of the State agency with which, or State
25		officer with whom, the tangible personal property must be
26		titled or registered (if titling or registration is required)
27		if the Department and such agency or State officer determine
28		that this procedure will expedite the processing of
29		applications for title or registration.
30		With each such transaction reporting return, the retailer
31		shall remit the proper amount of tax due (or shall submit
32		satisfactory evidence that the sale is not taxable if that is
33		the case), to the Department or its agents, whereupon the
34		Department shall issue, in the purchaser's name, a tax receipt
35		(or a certificate of exemption if the Department is satisfied
36		that the particular sale is tax exempt) which such purchaser

1		may submit to the agency with which, or State officer with
2		whom, he must title or register the tangible personal property
3		that is involved (if titling or registration is required) in
4		support of such purchaser's application for an Illinois
5		certificate or other evidence of title or registration to such
6		tangible personal property.
7		No retailer's failure or refusal to remit tax under this
8		Act precludes a user, who has paid the proper tax to the
9		retailer, from obtaining his certificate of title or other
10		evidence of title or registration (if titling or registration
11		is required) upon satisfying the Department that such user has
12		paid the proper tax (if tax is due) to the retailer. The
13		Department shall adopt appropriate rules to carry out the
14		mandate of this paragraph.
15		If the user who would otherwise pay tax to the retailer
16		wants the transaction reporting return filed and the payment of
17		tax or proof of exemption made to the Department before the
18		retailer is willing to take these actions and such user has not
19		paid the tax to the retailer, such user may certify to the fact
20		of such delay by the retailer, and may (upon the Department
21		being satisfied of the truth of such certification) transmit
22		the information required by the transaction reporting return
23		and the remittance for tax or proof of exemption directly to
24		the Department and obtain his tax receipt or exemption
25		determination, in which event the transaction reporting return
26		and tax remittance (if a tax payment was required) shall be
27		credited by the Department to the proper retailer's account
28		with the Department, but without the 2.1% or 1.75% discount
29		provided for in this Section being allowed. When the user pays
30		the tax directly to the Department, he shall pay the tax in the
31		same amount and in the same form in which it would be remitted
32		if the tax had been remitted to the Department by the retailer.
33		Where a retailer collects the tax with respect to the
34		selling price of tangible personal property which he sells and
35		the purchaser thereafter returns such tangible personal
36		property and the retailer refunds the selling price thereof to

1		the purchaser, such retailer shall also refund, to the
2		purchaser, the tax so collected from the purchaser. When filing
3		his return for the period in which he refunds such tax to the
4		purchaser, the retailer may deduct the amount of the tax so
5		refunded by him to the purchaser from any other use tax which
6		such retailer may be required to pay or remit to the
7		Department, as shown by such return, if the amount of the tax
8		to be deducted was previously remitted to the Department by
9		such retailer. If the retailer has not previously remitted the
10		amount of such tax to the Department, he is entitled to no
11		deduction under this Act upon refunding such tax to the
12		purchaser.
13		Any retailer filing a return under this Section shall also
14		include (for the purpose of paying tax thereon) the total tax
15		covered by such return upon the selling price of tangible
16		personal property purchased by him at retail from a retailer,
17		but as to which the tax imposed by this Act was not collected
18		from the retailer filing such return, and such retailer shall
19		remit the amount of such tax to the Department when filing such
20		return.
21		If experience indicates such action to be practicable, the
22		Department may prescribe and furnish a combination or joint
23		return which will enable retailers, who are required to file
24		returns hereunder and also under the Retailers' Occupation Tax
25		Act, to furnish all the return information required by both
26		Acts on the one form.
27		Where the retailer has more than one business registered
28		with the Department under separate registration under this Act,
29		such retailer may not file each return that is due as a single
30		return covering all such registered businesses, but shall file
31		separate returns for each such registered business.
32		Beginning January 1, 1990, each month the Department shall
33		pay into the State and Local Sales Tax Reform Fund, a special
34		fund in the State Treasury which is hereby created, the net
35		revenue realized for the preceding month from the 1% tax on
36		sales of food for human consumption which is to be consumed off

1		the premises where it is sold (other than alcoholic beverages,
2		soft drinks and food which has been prepared for immediate
3		consumption) and prescription and nonprescription medicines,
4		drugs, medical appliances and insulin, urine testing
5		materials, syringes and needles used by diabetics.
6		Beginning January 1, 1990, each month the Department shall
7		pay into the County and Mass Transit District Fund 4% of the
8		net revenue realized for the preceding month from the 6.25%
9		general rate on the selling price of tangible personal property
10		which is purchased outside Illinois at retail from a retailer
11		and which is titled or registered by an agency of this State's
12		government.
13		Beginning January 1, 1990, each month the Department shall
14		pay into the State and Local Sales Tax Reform Fund, a special
15		fund in the State Treasury, 20% of the net revenue realized for
16		the preceding month from the 6.25% general rate on the selling
17		price of tangible personal property, other than tangible
18		personal property which is purchased outside Illinois at retail
19		from a retailer and which is titled or registered by an agency
20		of this State's government.
21		Beginning August 1, 2000, each month the Department shall
22		pay into the State and Local Sales Tax Reform Fund 100% of the
23		net revenue realized for the preceding month from the 1.25%
24		rate on the selling price of motor fuel and gasohol.
25		Beginning January 1, 1990, each month the Department shall
26		pay into the Local Government Tax Fund 16% of the net revenue
27		realized for the preceding month from the 6.25% general rate on
28		the selling price of tangible personal property which is
29		purchased outside Illinois at retail from a retailer and which
30		is titled or registered by an agency of this State's
31		government.
32		Of the remainder of the moneys received by the Department
33		pursuant to this Act, (a) 1.75% thereof shall be paid into the
34		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
35		and after July 1, 1989, 3.8% thereof shall be paid into the
36		Build Illinois Fund; provided, however, that if in any fiscal

1		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
2		may be, of the moneys received by the Department and required
3		to be paid into the Build Illinois Fund pursuant to Section 3
4		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
5		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
6		Service Occupation Tax Act, such Acts being hereinafter called
7		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
8		may be, of moneys being hereinafter called the "Tax Act
9		Amount", and (2) the amount transferred to the Build Illinois
10		Fund from the State and Local Sales Tax Reform Fund shall be
11		less than the Annual Specified Amount (as defined in Section 3
12		of the Retailers' Occupation Tax Act), an amount equal to the
13		difference shall be immediately paid into the Build Illinois
14		Fund from other moneys received by the Department pursuant to
15		the Tax Acts; and further provided, that if on the last
16		business day of any month the sum of (1) the Tax Act Amount
17		required to be deposited into the Build Illinois Bond Account
18		in the Build Illinois Fund during such month and (2) the amount
19		transferred during such month to the Build Illinois Fund from
20		the State and Local Sales Tax Reform Fund shall have been less
21		than 1/12 of the Annual Specified Amount, an amount equal to
22		the difference shall be immediately paid into the Build
23		Illinois Fund from other moneys received by the Department
24		pursuant to the Tax Acts; and, further provided, that in no
25		event shall the payments required under the preceding proviso
26		result in aggregate payments into the Build Illinois Fund
27		pursuant to this clause (b) for any fiscal year in excess of
28		the greater of (i) the Tax Act Amount or (ii) the Annual
29		Specified Amount for such fiscal year; and, further provided,
30		that the amounts payable into the Build Illinois Fund under
31		this clause (b) shall be payable only until such time as the
32		aggregate amount on deposit under each trust indenture securing
33		Bonds issued and outstanding pursuant to the Build Illinois
34		Bond Act is sufficient, taking into account any future
35		investment income, to fully provide, in accordance with such
36		indenture, for the defeasance of or the payment of the

1		principal of, premium, if any, and interest on the Bonds
2		secured by such indenture and on any Bonds expected to be
3		issued thereafter and all fees and costs payable with respect
4		thereto, all as certified by the Director of the Bureau of the
5		Budget (now Governor's Office of Management and Budget). If on
6		the last business day of any month in which Bonds are
7		outstanding pursuant to the Build Illinois Bond Act, the
8		aggregate of the moneys deposited in the Build Illinois Bond
9		Account in the Build Illinois Fund in such month shall be less
10		than the amount required to be transferred in such month from
11		the Build Illinois Bond Account to the Build Illinois Bond
12		Retirement and Interest Fund pursuant to Section 13 of the
13		Build Illinois Bond Act, an amount equal to such deficiency
14		shall be immediately paid from other moneys received by the
15		Department pursuant to the Tax Acts to the Build Illinois Fund;
16		provided, however, that any amounts paid to the Build Illinois
17		Fund in any fiscal year pursuant to this sentence shall be
18		deemed to constitute payments pursuant to clause (b) of the
19		preceding sentence and shall reduce the amount otherwise
20		payable for such fiscal year pursuant to clause (b) of the
21		preceding sentence. The moneys received by the Department
22		pursuant to this Act and required to be deposited into the
23		Build Illinois Fund are subject to the pledge, claim and charge
24		set forth in Section 12 of the Build Illinois Bond Act.
25		Subject to payment of amounts into the Build Illinois Fund
26		as provided in the preceding paragraph or in any amendment
27		thereto hereafter enacted, the following specified monthly
28		installment of the amount requested in the certificate of the
29		Chairman of the Metropolitan Pier and Exposition Authority
30		provided under Section 8.25f of the State Finance Act, but not
31		in excess of the sums designated as "Total Deposit", shall be
32		deposited in the aggregate from collections under Section 9 of
33		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
34		9 of the Service Occupation Tax Act, and Section 3 of the
35		Retailers' Occupation Tax Act into the McCormick Place
36		Expansion Project Fund in the specified fiscal years.

5		Beginning July 20, 1993 and in each month of each fiscal
6		year thereafter, one-eighth of the amount requested in the
7		certificate of the Chairman of the Metropolitan Pier and
8		Exposition Authority for that fiscal year, less the amount
9		deposited into the McCormick Place Expansion Project Fund by
10		the State Treasurer in the respective month under subsection
11		(g) of Section 13 of the Metropolitan Pier and Exposition
12		Authority Act, plus cumulative deficiencies in the deposits
13		required under this Section for previous months and years,
14		shall be deposited into the McCormick Place Expansion Project
15		Fund, until the full amount requested for the fiscal year, but
16		not in excess of the amount specified above as "Total Deposit",
17		has been deposited.
18		Subject to payment of amounts into the Build Illinois Fund
19		and the McCormick Place Expansion Project Fund pursuant to the
20		preceding paragraphs or in any amendments thereto hereafter
21		enacted, beginning July 1, 1993, the Department shall each
22		month pay into the Illinois Tax Increment Fund 0.27% of 80% of
23		the net revenue realized for the preceding month from the 6.25%
24		general rate on the selling price of tangible personal
25		property.
26		Subject to payment of amounts into the Build Illinois Fund
27		and the McCormick Place Expansion Project Fund pursuant to the
28		preceding paragraphs or in any amendments thereto hereafter
29		enacted, beginning with the receipt of the first report of
30		taxes paid by an eligible business and continuing for a 25-year
31		period, the Department shall each month pay into the Energy
32		Infrastructure Fund 80% of the net revenue realized from the
33		6.25% general rate on the selling price of Illinois-mined coal
34		that was sold to an eligible business. For purposes of this
35		paragraph, the term "eligible business" means a new electric
36		generating facility certified pursuant to Section 605-332 of

1		the Department of Commerce and Economic Opportunity Community
2		Affairs Law of the Civil Administrative Code of Illinois.
3		Of the remainder of the moneys received by the Department
4		pursuant to this Act, 75% thereof shall be paid into the State
5		Treasury and 25% shall be reserved in a special account and
6		used only for the transfer to the Common School Fund as part of
7		the monthly transfer from the General Revenue Fund in
8		accordance with Section 8a of the State Finance Act.
9		As soon as possible after the first day of each month, upon
10		certification of the Department of Revenue, the Comptroller
11		shall order transferred and the Treasurer shall transfer from
12		the General Revenue Fund to the Motor Fuel Tax Fund an amount
13		equal to 1.7% of 80% of the net revenue realized under this Act
14		for the second preceding month. Beginning April 1, 2000, this
15		transfer is no longer required and shall not be made.
16		Net revenue realized for a month shall be the revenue
17		collected by the State pursuant to this Act, less the amount
18		paid out during that month as refunds to taxpayers for
19		overpayment of liability.
20		For greater simplicity of administration, manufacturers,
21		importers and wholesalers whose products are sold at retail in
22		Illinois by numerous retailers, and who wish to do so, may
23		assume the responsibility for accounting and paying to the
24		Department all tax accruing under this Act with respect to such
25		sales, if the retailers who are affected do not make written
26		objection to the Department to this arrangement.
27		(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; 91-101,
28		eff. 7-12-99; 91-541, eff. 8-13-99; 91-872, eff. 7-1-00;
29		91-901, eff. 1-1-01; 92-12, eff. 7-1-01; 92-16, eff. 6-28-01;
30		92-208, eff. 8-2-01; 92-492, eff. 1-1-02; 92-600, eff. 6-28-02;
31		92-651, eff. 7-11-02; revised 10-15-03.)

32		Section 480. The Service Use Tax Act is amended by changing
33		Section 9 as follows:
34		(35 ILCS 110/9) (from Ch. 120, par. 439.39)

1		Sec. 9. Each serviceman required or authorized to collect
2		the tax herein imposed shall pay to the Department the amount
3		of such tax (except as otherwise provided) at the time when he
4		is required to file his return for the period during which such
5		tax was collected, less a discount of 2.1% prior to January 1,
6		1990 and 1.75% on and after January 1, 1990, or $5 per calendar
7		year, whichever is greater, which is allowed to reimburse the
8		serviceman for expenses incurred in collecting the tax, keeping
9		records, preparing and filing returns, remitting the tax and
10		supplying data to the Department on request. A serviceman need
11		not remit that part of any tax collected by him to the extent
12		that he is required to pay and does pay the tax imposed by the
13		Service Occupation Tax Act with respect to his sale of service
14		involving the incidental transfer by him of the same property.
15		Except as provided hereinafter in this Section, on or
16		before the twentieth day of each calendar month, such
17		serviceman shall file a return for the preceding calendar month
18		in accordance with reasonable Rules and Regulations to be
19		promulgated by the Department. Such return shall be filed on a
20		form prescribed by the Department and shall contain such
21		information as the Department may reasonably require.
22		The Department may require returns to be filed on a
23		quarterly basis. If so required, a return for each calendar
24		quarter shall be filed on or before the twentieth day of the
25		calendar month following the end of such calendar quarter. The
26		taxpayer shall also file a return with the Department for each
27		of the first two months of each calendar quarter, on or before
28		the twentieth day of the following calendar month, stating:
29		1. The name of the seller;
30		2. The address of the principal place of business from
31		which he engages in business as a serviceman in this State;
32		3. The total amount of taxable receipts received by him
33		during the preceding calendar month, including receipts
34		from charge and time sales, but less all deductions allowed
35		by law;
36		4. The amount of credit provided in Section 2d of this

1		Act;
2		5. The amount of tax due;
3		5-5. The signature of the taxpayer; and
4		6. Such other reasonable information as the Department
5		may require.
6		If a taxpayer fails to sign a return within 30 days after
7		the proper notice and demand for signature by the Department,
8		the return shall be considered valid and any amount shown to be
9		due on the return shall be deemed assessed.
10		Beginning October 1, 1993, a taxpayer who has an average
11		monthly tax liability of $150,000 or more shall make all
12		payments required by rules of the Department by electronic
13		funds transfer. Beginning October 1, 1994, a taxpayer who has
14		an average monthly tax liability of $100,000 or more shall make
15		all payments required by rules of the Department by electronic
16		funds transfer. Beginning October 1, 1995, a taxpayer who has
17		an average monthly tax liability of $50,000 or more shall make
18		all payments required by rules of the Department by electronic
19		funds transfer. Beginning October 1, 2000, a taxpayer who has
20		an annual tax liability of $200,000 or more shall make all
21		payments required by rules of the Department by electronic
22		funds transfer. The term "annual tax liability" shall be the
23		sum of the taxpayer's liabilities under this Act, and under all
24		other State and local occupation and use tax laws administered
25		by the Department, for the immediately preceding calendar year.
26		The term "average monthly tax liability" means the sum of the
27		taxpayer's liabilities under this Act, and under all other
28		State and local occupation and use tax laws administered by the
29		Department, for the immediately preceding calendar year
30		divided by 12. Beginning on October 1, 2002, a taxpayer who has
31		a tax liability in the amount set forth in subsection (b) of
32		Section 2505-210 of the Department of Revenue Law shall make
33		all payments required by rules of the Department by electronic
34		funds transfer.
35		Before August 1 of each year beginning in 1993, the
36		Department shall notify all taxpayers required to make payments

1		by electronic funds transfer. All taxpayers required to make
2		payments by electronic funds transfer shall make those payments
3		for a minimum of one year beginning on October 1.
4		Any taxpayer not required to make payments by electronic
5		funds transfer may make payments by electronic funds transfer
6		with the permission of the Department.
7		All taxpayers required to make payment by electronic funds
8		transfer and any taxpayers authorized to voluntarily make
9		payments by electronic funds transfer shall make those payments
10		in the manner authorized by the Department.
11		The Department shall adopt such rules as are necessary to
12		effectuate a program of electronic funds transfer and the
13		requirements of this Section.
14		If the serviceman is otherwise required to file a monthly
15		return and if the serviceman's average monthly tax liability to
16		the Department does not exceed $200, the Department may
17		authorize his returns to be filed on a quarter annual basis,
18		with the return for January, February and March of a given year
19		being due by April 20 of such year; with the return for April,
20		May and June of a given year being due by July 20 of such year;
21		with the return for July, August and September of a given year
22		being due by October 20 of such year, and with the return for
23		October, November and December of a given year being due by
24		January 20 of the following year.
25		If the serviceman is otherwise required to file a monthly
26		or quarterly return and if the serviceman's average monthly tax
27		liability to the Department does not exceed $50, the Department
28		may authorize his returns to be filed on an annual basis, with
29		the return for a given year being due by January 20 of the
30		following year.
31		Such quarter annual and annual returns, as to form and
32		substance, shall be subject to the same requirements as monthly
33		returns.
34		Notwithstanding any other provision in this Act concerning
35		the time within which a serviceman may file his return, in the
36		case of any serviceman who ceases to engage in a kind of

1		business which makes him responsible for filing returns under
2		this Act, such serviceman shall file a final return under this
3		Act with the Department not more than 1 month after
4		discontinuing such business.
5		Where a serviceman collects the tax with respect to the
6		selling price of property which he sells and the purchaser
7		thereafter returns such property and the serviceman refunds the
8		selling price thereof to the purchaser, such serviceman shall
9		also refund, to the purchaser, the tax so collected from the
10		purchaser. When filing his return for the period in which he
11		refunds such tax to the purchaser, the serviceman may deduct
12		the amount of the tax so refunded by him to the purchaser from
13		any other Service Use Tax, Service Occupation Tax, retailers'
14		occupation tax or use tax which such serviceman may be required
15		to pay or remit to the Department, as shown by such return,
16		provided that the amount of the tax to be deducted shall
17		previously have been remitted to the Department by such
18		serviceman. If the serviceman shall not previously have
19		remitted the amount of such tax to the Department, he shall be
20		entitled to no deduction hereunder upon refunding such tax to
21		the purchaser.
22		Any serviceman filing a return hereunder shall also include
23		the total tax upon the selling price of tangible personal
24		property purchased for use by him as an incident to a sale of
25		service, and such serviceman shall remit the amount of such tax
26		to the Department when filing such return.
27		If experience indicates such action to be practicable, the
28		Department may prescribe and furnish a combination or joint
29		return which will enable servicemen, who are required to file
30		returns hereunder and also under the Service Occupation Tax
31		Act, to furnish all the return information required by both
32		Acts on the one form.
33		Where the serviceman has more than one business registered
34		with the Department under separate registration hereunder,
35		such serviceman shall not file each return that is due as a
36		single return covering all such registered businesses, but

1		shall file separate returns for each such registered business.
2		Beginning January 1, 1990, each month the Department shall
3		pay into the State and Local Tax Reform Fund, a special fund in
4		the State Treasury, the net revenue realized for the preceding
5		month from the 1% tax on sales of food for human consumption
6		which is to be consumed off the premises where it is sold
7		(other than alcoholic beverages, soft drinks and food which has
8		been prepared for immediate consumption) and prescription and
9		nonprescription medicines, drugs, medical appliances and
10		insulin, urine testing materials, syringes and needles used by
11		diabetics.
12		Beginning January 1, 1990, each month the Department shall
13		pay into the State and Local Sales Tax Reform Fund 20% of the
14		net revenue realized for the preceding month from the 6.25%
15		general rate on transfers of tangible personal property, other
16		than tangible personal property which is purchased outside
17		Illinois at retail from a retailer and which is titled or
18		registered by an agency of this State's government.
19		Beginning August 1, 2000, each month the Department shall
20		pay into the State and Local Sales Tax Reform Fund 100% of the
21		net revenue realized for the preceding month from the 1.25%
22		rate on the selling price of motor fuel and gasohol.
23		Of the remainder of the moneys received by the Department
24		pursuant to this Act, (a) 1.75% thereof shall be paid into the
25		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
26		and after July 1, 1989, 3.8% thereof shall be paid into the
27		Build Illinois Fund; provided, however, that if in any fiscal
28		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
29		may be, of the moneys received by the Department and required
30		to be paid into the Build Illinois Fund pursuant to Section 3
31		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
32		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
33		Service Occupation Tax Act, such Acts being hereinafter called
34		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
35		may be, of moneys being hereinafter called the "Tax Act
36		Amount", and (2) the amount transferred to the Build Illinois

1		Fund from the State and Local Sales Tax Reform Fund shall be
2		less than the Annual Specified Amount (as defined in Section 3
3		of the Retailers' Occupation Tax Act), an amount equal to the
4		difference shall be immediately paid into the Build Illinois
5		Fund from other moneys received by the Department pursuant to
6		the Tax Acts; and further provided, that if on the last
7		business day of any month the sum of (1) the Tax Act Amount
8		required to be deposited into the Build Illinois Bond Account
9		in the Build Illinois Fund during such month and (2) the amount
10		transferred during such month to the Build Illinois Fund from
11		the State and Local Sales Tax Reform Fund shall have been less
12		than 1/12 of the Annual Specified Amount, an amount equal to
13		the difference shall be immediately paid into the Build
14		Illinois Fund from other moneys received by the Department
15		pursuant to the Tax Acts; and, further provided, that in no
16		event shall the payments required under the preceding proviso
17		result in aggregate payments into the Build Illinois Fund
18		pursuant to this clause (b) for any fiscal year in excess of
19		the greater of (i) the Tax Act Amount or (ii) the Annual
20		Specified Amount for such fiscal year; and, further provided,
21		that the amounts payable into the Build Illinois Fund under
22		this clause (b) shall be payable only until such time as the
23		aggregate amount on deposit under each trust indenture securing
24		Bonds issued and outstanding pursuant to the Build Illinois
25		Bond Act is sufficient, taking into account any future
26		investment income, to fully provide, in accordance with such
27		indenture, for the defeasance of or the payment of the
28		principal of, premium, if any, and interest on the Bonds
29		secured by such indenture and on any Bonds expected to be
30		issued thereafter and all fees and costs payable with respect
31		thereto, all as certified by the Director of the Bureau of the
32		Budget (now Governor's Office of Management and Budget). If on
33		the last business day of any month in which Bonds are
34		outstanding pursuant to the Build Illinois Bond Act, the
35		aggregate of the moneys deposited in the Build Illinois Bond
36		Account in the Build Illinois Fund in such month shall be less

1		than the amount required to be transferred in such month from
2		the Build Illinois Bond Account to the Build Illinois Bond
3		Retirement and Interest Fund pursuant to Section 13 of the
4		Build Illinois Bond Act, an amount equal to such deficiency
5		shall be immediately paid from other moneys received by the
6		Department pursuant to the Tax Acts to the Build Illinois Fund;
7		provided, however, that any amounts paid to the Build Illinois
8		Fund in any fiscal year pursuant to this sentence shall be
9		deemed to constitute payments pursuant to clause (b) of the
10		preceding sentence and shall reduce the amount otherwise
11		payable for such fiscal year pursuant to clause (b) of the
12		preceding sentence. The moneys received by the Department
13		pursuant to this Act and required to be deposited into the
14		Build Illinois Fund are subject to the pledge, claim and charge
15		set forth in Section 12 of the Build Illinois Bond Act.
16		Subject to payment of amounts into the Build Illinois Fund
17		as provided in the preceding paragraph or in any amendment
18		thereto hereafter enacted, the following specified monthly
19		installment of the amount requested in the certificate of the
20		Chairman of the Metropolitan Pier and Exposition Authority
21		provided under Section 8.25f of the State Finance Act, but not
22		in excess of the sums designated as "Total Deposit", shall be
23		deposited in the aggregate from collections under Section 9 of
24		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
25		9 of the Service Occupation Tax Act, and Section 3 of the
26		Retailers' Occupation Tax Act into the McCormick Place
27		Expansion Project Fund in the specified fiscal years.

32		Beginning July 20, 1993 and in each month of each fiscal
33		year thereafter, one-eighth of the amount requested in the
34		certificate of the Chairman of the Metropolitan Pier and
35		Exposition Authority for that fiscal year, less the amount
36		deposited into the McCormick Place Expansion Project Fund by

1		the State Treasurer in the respective month under subsection
2		(g) of Section 13 of the Metropolitan Pier and Exposition
3		Authority Act, plus cumulative deficiencies in the deposits
4		required under this Section for previous months and years,
5		shall be deposited into the McCormick Place Expansion Project
6		Fund, until the full amount requested for the fiscal year, but
7		not in excess of the amount specified above as "Total Deposit",
8		has been deposited.
9		Subject to payment of amounts into the Build Illinois Fund
10		and the McCormick Place Expansion Project Fund pursuant to the
11		preceding paragraphs or in any amendments thereto hereafter
12		enacted, beginning July 1, 1993, the Department shall each
13		month pay into the Illinois Tax Increment Fund 0.27% of 80% of
14		the net revenue realized for the preceding month from the 6.25%
15		general rate on the selling price of tangible personal
16		property.
17		Subject to payment of amounts into the Build Illinois Fund
18		and the McCormick Place Expansion Project Fund pursuant to the
19		preceding paragraphs or in any amendments thereto hereafter
20		enacted, beginning with the receipt of the first report of
21		taxes paid by an eligible business and continuing for a 25-year
22		period, the Department shall each month pay into the Energy
23		Infrastructure Fund 80% of the net revenue realized from the
24		6.25% general rate on the selling price of Illinois-mined coal
25		that was sold to an eligible business. For purposes of this
26		paragraph, the term "eligible business" means a new electric
27		generating facility certified pursuant to Section 605-332 of
28		the Department of Commerce and Economic Opportunity Community
29		Affairs Law of the Civil Administrative Code of Illinois.
30		All remaining moneys received by the Department pursuant to
31		this Act shall be paid into the General Revenue Fund of the
32		State Treasury.
33		As soon as possible after the first day of each month, upon
34		certification of the Department of Revenue, the Comptroller
35		shall order transferred and the Treasurer shall transfer from
36		the General Revenue Fund to the Motor Fuel Tax Fund an amount

1		equal to 1.7% of 80% of the net revenue realized under this Act
2		for the second preceding month. Beginning April 1, 2000, this
3		transfer is no longer required and shall not be made.
4		Net revenue realized for a month shall be the revenue
5		collected by the State pursuant to this Act, less the amount
6		paid out during that month as refunds to taxpayers for
7		overpayment of liability.
8		(Source: P.A. 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492,
9		eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02;
10		revised 10-15-03.)

11		Section 485. The Service Occupation Tax Act is amended by
12		changing Section 9 as follows:
13		(35 ILCS 115/9) (from Ch. 120, par. 439.109)
14		Sec. 9. Each serviceman required or authorized to collect
15		the tax herein imposed shall pay to the Department the amount
16		of such tax at the time when he is required to file his return
17		for the period during which such tax was collectible, less a
18		discount of 2.1% prior to January 1, 1990, and 1.75% on and
19		after January 1, 1990, or $5 per calendar year, whichever is
20		greater, which is allowed to reimburse the serviceman for
21		expenses incurred in collecting the tax, keeping records,
22		preparing and filing returns, remitting the tax and supplying
23		data to the Department on request.
24		Where such tangible personal property is sold under a
25		conditional sales contract, or under any other form of sale
26		wherein the payment of the principal sum, or a part thereof, is
27		extended beyond the close of the period for which the return is
28		filed, the serviceman, in collecting the tax may collect, for
29		each tax return period, only the tax applicable to the part of
30		the selling price actually received during such tax return
31		period.
32		Except as provided hereinafter in this Section, on or
33		before the twentieth day of each calendar month, such
34		serviceman shall file a return for the preceding calendar month

1		in accordance with reasonable rules and regulations to be
2		promulgated by the Department of Revenue. Such return shall be
3		filed on a form prescribed by the Department and shall contain
4		such information as the Department may reasonably require.
5		The Department may require returns to be filed on a
6		quarterly basis. If so required, a return for each calendar
7		quarter shall be filed on or before the twentieth day of the
8		calendar month following the end of such calendar quarter. The
9		taxpayer shall also file a return with the Department for each
10		of the first two months of each calendar quarter, on or before
11		the twentieth day of the following calendar month, stating:
12		1. The name of the seller;
13		2. The address of the principal place of business from
14		which he engages in business as a serviceman in this State;
15		3. The total amount of taxable receipts received by him
16		during the preceding calendar month, including receipts
17		from charge and time sales, but less all deductions allowed
18		by law;
19		4. The amount of credit provided in Section 2d of this
20		Act;
21		5. The amount of tax due;
22		5-5. The signature of the taxpayer; and
23		6. Such other reasonable information as the Department
24		may require.
25		If a taxpayer fails to sign a return within 30 days after
26		the proper notice and demand for signature by the Department,
27		the return shall be considered valid and any amount shown to be
28		due on the return shall be deemed assessed.
29		Prior to October 1, 2003, a serviceman may accept a
30		Manufacturer's Purchase Credit certification from a purchaser
31		in satisfaction of Service Use Tax as provided in Section 3-70
32		of the Service Use Tax Act if the purchaser provides the
33		appropriate documentation as required by Section 3-70 of the
34		Service Use Tax Act. A Manufacturer's Purchase Credit
35		certification, accepted prior to October 1, 2003 by a
36		serviceman as provided in Section 3-70 of the Service Use Tax

1		Act, may be used by that serviceman to satisfy Service
2		Occupation Tax liability in the amount claimed in the
3		certification, not to exceed 6.25% of the receipts subject to
4		tax from a qualifying purchase. A Manufacturer's Purchase
5		Credit reported on any original or amended return filed under
6		this Act after October 20, 2003 shall be disallowed. No
7		Manufacturer's Purchase Credit may be used after September 30,
8		2003 to satisfy any tax liability imposed under this Act,
9		including any audit liability.
10		If the serviceman's average monthly tax liability to the
11		Department does not exceed $200, the Department may authorize
12		his returns to be filed on a quarter annual basis, with the
13		return for January, February and March of a given year being
14		due by April 20 of such year; with the return for April, May
15		and June of a given year being due by July 20 of such year; with
16		the return for July, August and September of a given year being
17		due by October 20 of such year, and with the return for
18		October, November and December of a given year being due by
19		January 20 of the following year.
20		If the serviceman's average monthly tax liability to the
21		Department does not exceed $50, the Department may authorize
22		his returns to be filed on an annual basis, with the return for
23		a given year being due by January 20 of the following year.
24		Such quarter annual and annual returns, as to form and
25		substance, shall be subject to the same requirements as monthly
26		returns.
27		Notwithstanding any other provision in this Act concerning
28		the time within which a serviceman may file his return, in the
29		case of any serviceman who ceases to engage in a kind of
30		business which makes him responsible for filing returns under
31		this Act, such serviceman shall file a final return under this
32		Act with the Department not more than 1 month after
33		discontinuing such business.
34		Beginning October 1, 1993, a taxpayer who has an average
35		monthly tax liability of $150,000 or more shall make all
36		payments required by rules of the Department by electronic

1		funds transfer. Beginning October 1, 1994, a taxpayer who has
2		an average monthly tax liability of $100,000 or more shall make
3		all payments required by rules of the Department by electronic
4		funds transfer. Beginning October 1, 1995, a taxpayer who has
5		an average monthly tax liability of $50,000 or more shall make
6		all payments required by rules of the Department by electronic
7		funds transfer. Beginning October 1, 2000, a taxpayer who has
8		an annual tax liability of $200,000 or more shall make all
9		payments required by rules of the Department by electronic
10		funds transfer. The term "annual tax liability" shall be the
11		sum of the taxpayer's liabilities under this Act, and under all
12		other State and local occupation and use tax laws administered
13		by the Department, for the immediately preceding calendar year.
14		The term "average monthly tax liability" means the sum of the
15		taxpayer's liabilities under this Act, and under all other
16		State and local occupation and use tax laws administered by the
17		Department, for the immediately preceding calendar year
18		divided by 12. Beginning on October 1, 2002, a taxpayer who has
19		a tax liability in the amount set forth in subsection (b) of
20		Section 2505-210 of the Department of Revenue Law shall make
21		all payments required by rules of the Department by electronic
22		funds transfer.
23		Before August 1 of each year beginning in 1993, the
24		Department shall notify all taxpayers required to make payments
25		by electronic funds transfer. All taxpayers required to make
26		payments by electronic funds transfer shall make those payments
27		for a minimum of one year beginning on October 1.
28		Any taxpayer not required to make payments by electronic
29		funds transfer may make payments by electronic funds transfer
30		with the permission of the Department.
31		All taxpayers required to make payment by electronic funds
32		transfer and any taxpayers authorized to voluntarily make
33		payments by electronic funds transfer shall make those payments
34		in the manner authorized by the Department.
35		The Department shall adopt such rules as are necessary to
36		effectuate a program of electronic funds transfer and the

1		requirements of this Section.
2		Where a serviceman collects the tax with respect to the
3		selling price of tangible personal property which he sells and
4		the purchaser thereafter returns such tangible personal
5		property and the serviceman refunds the selling price thereof
6		to the purchaser, such serviceman shall also refund, to the
7		purchaser, the tax so collected from the purchaser. When filing
8		his return for the period in which he refunds such tax to the
9		purchaser, the serviceman may deduct the amount of the tax so
10		refunded by him to the purchaser from any other Service
11		Occupation Tax, Service Use Tax, Retailers' Occupation Tax or
12		Use Tax which such serviceman may be required to pay or remit
13		to the Department, as shown by such return, provided that the
14		amount of the tax to be deducted shall previously have been
15		remitted to the Department by such serviceman. If the
16		serviceman shall not previously have remitted the amount of
17		such tax to the Department, he shall be entitled to no
18		deduction hereunder upon refunding such tax to the purchaser.
19		If experience indicates such action to be practicable, the
20		Department may prescribe and furnish a combination or joint
21		return which will enable servicemen, who are required to file
22		returns hereunder and also under the Retailers' Occupation Tax
23		Act, the Use Tax Act or the Service Use Tax Act, to furnish all
24		the return information required by all said Acts on the one
25		form.
26		Where the serviceman has more than one business registered
27		with the Department under separate registrations hereunder,
28		such serviceman shall file separate returns for each registered
29		business.
30		Beginning January 1, 1990, each month the Department shall
31		pay into the Local Government Tax Fund the revenue realized for
32		the preceding month from the 1% tax on sales of food for human
33		consumption which is to be consumed off the premises where it
34		is sold (other than alcoholic beverages, soft drinks and food
35		which has been prepared for immediate consumption) and
36		prescription and nonprescription medicines, drugs, medical

1		appliances and insulin, urine testing materials, syringes and
2		needles used by diabetics.
3		Beginning January 1, 1990, each month the Department shall
4		pay into the County and Mass Transit District Fund 4% of the
5		revenue realized for the preceding month from the 6.25% general
6		rate.
7		Beginning August 1, 2000, each month the Department shall
8		pay into the County and Mass Transit District Fund 20% of the
9		net revenue realized for the preceding month from the 1.25%
10		rate on the selling price of motor fuel and gasohol.
11		Beginning January 1, 1990, each month the Department shall
12		pay into the Local Government Tax Fund 16% of the revenue
13		realized for the preceding month from the 6.25% general rate on
14		transfers of tangible personal property.
15		Beginning August 1, 2000, each month the Department shall
16		pay into the Local Government Tax Fund 80% of the net revenue
17		realized for the preceding month from the 1.25% rate on the
18		selling price of motor fuel and gasohol.
19		Of the remainder of the moneys received by the Department
20		pursuant to this Act, (a) 1.75% thereof shall be paid into the
21		Build Illinois Fund and (b) prior to July 1, 1989, 2.2% and on
22		and after July 1, 1989, 3.8% thereof shall be paid into the
23		Build Illinois Fund; provided, however, that if in any fiscal
24		year the sum of (1) the aggregate of 2.2% or 3.8%, as the case
25		may be, of the moneys received by the Department and required
26		to be paid into the Build Illinois Fund pursuant to Section 3
27		of the Retailers' Occupation Tax Act, Section 9 of the Use Tax
28		Act, Section 9 of the Service Use Tax Act, and Section 9 of the
29		Service Occupation Tax Act, such Acts being hereinafter called
30		the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case
31		may be, of moneys being hereinafter called the "Tax Act
32		Amount", and (2) the amount transferred to the Build Illinois
33		Fund from the State and Local Sales Tax Reform Fund shall be
34		less than the Annual Specified Amount (as defined in Section 3
35		of the Retailers' Occupation Tax Act), an amount equal to the
36		difference shall be immediately paid into the Build Illinois

1		Fund from other moneys received by the Department pursuant to
2		the Tax Acts; and further provided, that if on the last
3		business day of any month the sum of (1) the Tax Act Amount
4		required to be deposited into the Build Illinois Account in the
5		Build Illinois Fund during such month and (2) the amount
6		transferred during such month to the Build Illinois Fund from
7		the State and Local Sales Tax Reform Fund shall have been less
8		than 1/12 of the Annual Specified Amount, an amount equal to
9		the difference shall be immediately paid into the Build
10		Illinois Fund from other moneys received by the Department
11		pursuant to the Tax Acts; and, further provided, that in no
12		event shall the payments required under the preceding proviso
13		result in aggregate payments into the Build Illinois Fund
14		pursuant to this clause (b) for any fiscal year in excess of
15		the greater of (i) the Tax Act Amount or (ii) the Annual
16		Specified Amount for such fiscal year; and, further provided,
17		that the amounts payable into the Build Illinois Fund under
18		this clause (b) shall be payable only until such time as the
19		aggregate amount on deposit under each trust indenture securing
20		Bonds issued and outstanding pursuant to the Build Illinois
21		Bond Act is sufficient, taking into account any future
22		investment income, to fully provide, in accordance with such
23		indenture, for the defeasance of or the payment of the
24		principal of, premium, if any, and interest on the Bonds
25		secured by such indenture and on any Bonds expected to be
26		issued thereafter and all fees and costs payable with respect
27		thereto, all as certified by the Director of the Bureau of the
28		Budget (now Governor's Office of Management and Budget). If on
29		the last business day of any month in which Bonds are
30		outstanding pursuant to the Build Illinois Bond Act, the
31		aggregate of the moneys deposited in the Build Illinois Bond
32		Account in the Build Illinois Fund in such month shall be less
33		than the amount required to be transferred in such month from
34		the Build Illinois Bond Account to the Build Illinois Bond
35		Retirement and Interest Fund pursuant to Section 13 of the
36		Build Illinois Bond Act, an amount equal to such deficiency

1		shall be immediately paid from other moneys received by the
2		Department pursuant to the Tax Acts to the Build Illinois Fund;
3		provided, however, that any amounts paid to the Build Illinois
4		Fund in any fiscal year pursuant to this sentence shall be
5		deemed to constitute payments pursuant to clause (b) of the
6		preceding sentence and shall reduce the amount otherwise
7		payable for such fiscal year pursuant to clause (b) of the
8		preceding sentence. The moneys received by the Department
9		pursuant to this Act and required to be deposited into the
10		Build Illinois Fund are subject to the pledge, claim and charge
11		set forth in Section 12 of the Build Illinois Bond Act.
12		Subject to payment of amounts into the Build Illinois Fund
13		as provided in the preceding paragraph or in any amendment
14		thereto hereafter enacted, the following specified monthly
15		installment of the amount requested in the certificate of the
16		Chairman of the Metropolitan Pier and Exposition Authority
17		provided under Section 8.25f of the State Finance Act, but not
18		in excess of the sums designated as "Total Deposit", shall be
19		deposited in the aggregate from collections under Section 9 of
20		the Use Tax Act, Section 9 of the Service Use Tax Act, Section
21		9 of the Service Occupation Tax Act, and Section 3 of the
22		Retailers' Occupation Tax Act into the McCormick Place
23		Expansion Project Fund in the specified fiscal years.

28		Beginning July 20, 1993 and in each month of each fiscal
29		year thereafter, one-eighth of the amount requested in the
30		certificate of the Chairman of the Metropolitan Pier and
31		Exposition Authority for that fiscal year, less the amount
32		deposited into the McCormick Place Expansion Project Fund by
33		the State Treasurer in the respective month under subsection
34		(g) of Section 13 of the Metropolitan Pier and Exposition
35		Authority Act, plus cumulative deficiencies in the deposits
36		required under this Section for previous months and years,

1		shall be deposited into the McCormick Place Expansion Project
2		Fund, until the full amount requested for the fiscal year, but
3		not in excess of the amount specified above as "Total Deposit",
4		has been deposited.
5		Subject to payment of amounts into the Build Illinois Fund
6		and the McCormick Place Expansion Project Fund pursuant to the
7		preceding paragraphs or in any amendments thereto hereafter
8		enacted, beginning July 1, 1993, the Department shall each
9		month pay into the Illinois Tax Increment Fund 0.27% of 80% of
10		the net revenue realized for the preceding month from the 6.25%
11		general rate on the selling price of tangible personal
12		property.
13		Subject to payment of amounts into the Build Illinois Fund
14		and the McCormick Place Expansion Project Fund pursuant to the
15		preceding paragraphs or in any amendments thereto hereafter
16		enacted, beginning with the receipt of the first report of
17		taxes paid by an eligible business and continuing for a 25-year
18		period, the Department shall each month pay into the Energy
19		Infrastructure Fund 80% of the net revenue realized from the
20		6.25% general rate on the selling price of Illinois-mined coal
21		that was sold to an eligible business. For purposes of this
22		paragraph, the term "eligible business" means a new electric
23		generating facility certified pursuant to Section 605-332 of
24		the Department of Commerce and Economic Opportunity Community
25		Affairs Law of the Civil Administrative Code of Illinois.
26		Remaining moneys received by the Department pursuant to
27		this Act shall be paid into the General Revenue Fund of the
28		State Treasury.
29		The Department may, upon separate written notice to a
30		taxpayer, require the taxpayer to prepare and file with the
31		Department on a form prescribed by the Department within not
32		less than 60 days after receipt of the notice an annual
33		information return for the tax year specified in the notice.
34		Such annual return to the Department shall include a statement
35		of gross receipts as shown by the taxpayer's last Federal
36		income tax return. If the total receipts of the business as

1		reported in the Federal income tax return do not agree with the
2		gross receipts reported to the Department of Revenue for the
3		same period, the taxpayer shall attach to his annual return a
4		schedule showing a reconciliation of the 2 amounts and the
5		reasons for the difference. The taxpayer's annual return to the
6		Department shall also disclose the cost of goods sold by the
7		taxpayer during the year covered by such return, opening and
8		closing inventories of such goods for such year, cost of goods
9		used from stock or taken from stock and given away by the
10		taxpayer during such year, pay roll information of the
11		taxpayer's business during such year and any additional
12		reasonable information which the Department deems would be
13		helpful in determining the accuracy of the monthly, quarterly
14		or annual returns filed by such taxpayer as hereinbefore
15		provided for in this Section.
16		If the annual information return required by this Section
17		is not filed when and as required, the taxpayer shall be liable
18		as follows:
19		(i) Until January 1, 1994, the taxpayer shall be liable
20		for a penalty equal to 1/6 of 1% of the tax due from such
21		taxpayer under this Act during the period to be covered by
22		the annual return for each month or fraction of a month
23		until such return is filed as required, the penalty to be
24		assessed and collected in the same manner as any other
25		penalty provided for in this Act.
26		(ii) On and after January 1, 1994, the taxpayer shall
27		be liable for a penalty as described in Section 3-4 of the
28		Uniform Penalty and Interest Act.
29		The chief executive officer, proprietor, owner or highest
30		ranking manager shall sign the annual return to certify the
31		accuracy of the information contained therein. Any person who
32		willfully signs the annual return containing false or
33		inaccurate information shall be guilty of perjury and punished
34		accordingly. The annual return form prescribed by the
35		Department shall include a warning that the person signing the
36		return may be liable for perjury.

1		The foregoing portion of this Section concerning the filing
2		of an annual information return shall not apply to a serviceman
3		who is not required to file an income tax return with the
4		United States Government.
5		As soon as possible after the first day of each month, upon
6		certification of the Department of Revenue, the Comptroller
7		shall order transferred and the Treasurer shall transfer from
8		the General Revenue Fund to the Motor Fuel Tax Fund an amount
9		equal to 1.7% of 80% of the net revenue realized under this Act
10		for the second preceding month. Beginning April 1, 2000, this
11		transfer is no longer required and shall not be made.
12		Net revenue realized for a month shall be the revenue
13		collected by the State pursuant to this Act, less the amount
14		paid out during that month as refunds to taxpayers for
15		overpayment of liability.
16		For greater simplicity of administration, it shall be
17		permissible for manufacturers, importers and wholesalers whose
18		products are sold by numerous servicemen in Illinois, and who
19		wish to do so, to assume the responsibility for accounting and
20		paying to the Department all tax accruing under this Act with
21		respect to such sales, if the servicemen who are affected do
22		not make written objection to the Department to this
23		arrangement.
24		(Source: P.A. 92-12, eff. 7-1-01; 92-208, eff. 8-2-01; 92-492,
25		eff. 1-1-02; 92-600, eff. 6-28-02; 92-651, eff. 7-11-02; 93-24,
26		eff. 6-20-03; revised 10-15-03.)

27		Section 490. The Retailers' Occupation Tax Act is amended
28		by changing Sections 1d, 1f, 1i, 1j.1, 1k, 1o, and 5l as
29		follows:
30		(35 ILCS 120/1d) (from Ch. 120, par. 440d)
31		Sec. 1d. Subject to the provisions of Section 1f, all
32		tangible personal property to be used or consumed within an
33		enterprise zone established pursuant to the "Illinois
34		Enterprise Zone Act", as amended, or subject to the provisions

1		of Section 5.5 of the Illinois Enterprise Zone Act, all
2		tangible personal property to be used or consumed by any High
3		Impact Business, in the process of the manufacturing or
4		assembly of tangible personal property for wholesale or retail
5		sale or lease or in the process of graphic arts production if
6		used or consumed at a facility which is a Department of
7		Commerce and Economic Opportunity Community Affairs certified
8		business and located in a county of more than 4,000 persons and
9		less than 45,000 persons is exempt from the tax imposed by this
10		Act. This exemption includes repair and replacement parts for
11		machinery and equipment used primarily in the process of
12		manufacturing or assembling tangible personal property or in
13		the process of graphic arts production if used or consumed at a
14		facility which is a Department of Commerce and Economic
15		Opportunity Community Affairs certified business and located
16		in a county of more than 4,000 persons and less than 45,000
17		persons for wholesale or retail sale, or lease, and equipment,
18		manufacturing or graphic arts fuels, material and supplies for
19		the maintenance, repair or operation of such manufacturing or
20		assembling or graphic arts machinery or equipment.
21		(Source: P.A. 85-1182; 86-1456; revised 12-6-03.)
22		(35 ILCS 120/1f) (from Ch. 120, par. 440f)
23		Sec. 1f. Except for High Impact Businesses, the exemption
24		stated in Sections 1d and 1e of this Act shall only apply to
25		business enterprises which:
26		(1) either (i) make investments which cause the
27		creation of a minimum of 200 full-time equivalent jobs in
28		Illinois or (ii) make investments which cause the retention
29		of a minimum of 2000 full-time jobs in Illinois or (iii)
30		make investments of a minimum of $40,000,000 and retain at
31		least 90% of the jobs in place on the date on which the
32		exemption is granted and for the duration of the exemption;
33		and
34		(2) are located in an Enterprise Zone established
35		pursuant to the Illinois Enterprise Zone Act; and

1		(3) are certified by the Department of Commerce and
2		Economic Opportunity Community Affairs as complying with
3		the requirements specified in clauses (1), (2) and (3).
4		Any business enterprise seeking to avail itself of the
5		exemptions stated in Sections 1d or 1e, or both, shall make
6		application to the Department of Commerce and Economic
7		Opportunity Community Affairs in such form and providing such
8		information as may be prescribed by the Department of Commerce
9		and Economic Opportunity Community Affairs. However, no
10		business enterprise shall be required, as a condition for
11		certification under clause (4) of this Section, to attest that
12		its decision to invest under clause (1) of this Section and to
13		locate under clause (2) of this Section is predicated upon the
14		availability of the exemptions authorized by Sections 1d or 1e.
15		The Department of Commerce and Economic Opportunity
16		Community Affairs shall determine whether the business
17		enterprise meets the criteria prescribed in this Section. If
18		the Department of Commerce and Economic Opportunity Community
19		Affairs determines that such business enterprise meets the
20		criteria, it shall issue a certificate of eligibility for
21		exemption to the business enterprise in such form as is
22		prescribed by the Department of Revenue. The Department of
23		Commerce and Economic Opportunity Community Affairs shall act
24		upon such certification requests within 60 days after receipt
25		of the application, and shall file with the Department of
26		Revenue a copy of each certificate of eligibility for
27		exemption.
28		The Department of Commerce and Economic Opportunity
29		Community Affairs shall have the power to promulgate rules and
30		regulations to carry out the provisions of this Section
31		including the power to define the amounts and types of eligible
32		investments not specified in this Section which business
33		enterprises must make in order to receive the exemptions stated
34		in Sections 1d and 1e of this Act; and to require that any
35		business enterprise that is granted a tax exemption repay the
36		exempted tax if the business enterprise fails to comply with

1		the terms and conditions of the certification.
2		Such certificate of eligibility for exemption shall be
3		presented by the business enterprise to its supplier when
4		making the initial purchase of tangible personal property for
5		which an exemption is granted by Section 1d or Section 1e, or
6		both, together with a certification by the business enterprise
7		that such tangible personal property is exempt from taxation
8		under Section 1d or Section 1e and by indicating the exempt
9		status of each subsequent purchase on the face of the purchase
10		order.
11		The Department of Commerce and Economic Opportunity
12		Community Affairs shall determine the period during which such
13		exemption from the taxes imposed under this Act is in effect
14		which shall not exceed 20 years.
15		(Source: P.A. 86-44; 86-1456; revised 12-6-03.)
16		(35 ILCS 120/1i) (from Ch. 120, par. 440i)
17		Sec. 1i. High Impact Service Facility means a facility used
18		primarily for the sorting, handling and redistribution of mail,
19		freight, cargo, or other parcels received from agents or
20		employees of the handler or shipper for processing at a common
21		location and redistribution to other employees or agents for
22		delivery to an ultimate destination on an item-by-item basis,
23		and which: (1) will make an investment in a business enterprise
24		project of $100,000,000 dollars or more; (2) will cause the
25		creation of at least 750 to 1,000 jobs or more in an enterprise
26		zone established pursuant to the Illinois Enterprise Zone Act;
27		and (3) is certified by the Department of Commerce and Economic
28		Opportunity Community Affairs as contractually obligated to
29		meet the requirements specified in divisions (1) and (2) of
30		this paragraph within the time period as specified by the
31		certification. Any business enterprise project applying for
32		the exemption stated in this Section shall make application to
33		the Department of Commerce and Economic Opportunity Community
34		Affairs in such form and providing such information as may be
35		prescribed by the Department of Commerce and Economic

1		Opportunity Community Affairs.
2		The Department of Commerce and Economic Opportunity
3		Community Affairs shall determine whether the business
4		enterprise project meets the criteria prescribed in this
5		Section. If the Department of Commerce and Economic Opportunity
6		Community Affairs determines that such business enterprise
7		project meets the criteria, it shall issue a certificate of
8		eligibility for exemption to the business enterprise in such
9		form as is prescribed by the Department of Revenue. The
10		Department of Commerce and Economic Opportunity Community
11		Affairs shall act upon such certification requests within 60
12		days after receipt of the application, and shall file with the
13		Department of Revenue a copy of each certificate of eligibility
14		for exemption.
15		The Department of Commerce and Economic Opportunity
16		Community Affairs shall have the power to promulgate rules and
17		regulations to carry out the provisions of this Section and to
18		require that any business enterprise that is granted a tax
19		exemption repay the exempted tax if the business enterprise
20		fails to comply with the terms and conditions of the
21		certification.
22		The certificate of eligibility for exemption shall be
23		presented by the business enterprise to its supplier when
24		making the initial purchase of machinery and equipment for
25		which an exemption is granted by Section 1j of this Act,
26		together with a certification by the business enterprise that
27		such machinery and equipment is exempt from taxation under
28		Section 1j of this Act and by indicating the exempt status of
29		each subsequent purchase on the face of the purchase order.
30		The certification of eligibility for exemption shall be
31		presented by the business enterprise to its supplier when
32		making the purchase of jet fuel and petroleum products for
33		which an exemption is granted by Section 1j.1 of this Act,
34		together with a certification by the business enterprise that
35		such jet fuel and petroleum product, are exempt from taxation
36		under Section 1j.1 of this Act, and by indicating the exempt

1		status of each subsequent purchase on the face of the purchase
2		order.
3		The Department of Commerce and Economic Opportunity
4		Community Affairs shall determine the period during which such
5		exemption from the taxes imposed under this Act will remain in
6		effect.
7		(Source: P.A. 90-42, eff. 1-1-98; revised 12-6-03.)
8		(35 ILCS 120/1j.1)
9		Sec. 1j.1. Exemption; jet fuel used in the operation of
10		high impact service facilities. Subject to the provisions of
11		Section 1i of this Act, jet fuel and petroleum products sold to
12		and used in the conduct of its business of sorting, handling
13		and redistribution of mail, freight, cargo or other parcels in
14		the operation of a high impact service facility, as defined in
15		Section 1i of this Act, located within an enterprise zone
16		established pursuant to the Illinois Enterprise Zone Act shall
17		be exempt from the tax imposed by this Act, provided that the
18		business enterprise has waived its right to a tax exemption of
19		the charges imposed under Section 9-222.1 of the Public
20		Utilities Act. The Department of Commerce and Economic
21		Opportunity Community Affairs shall promulgate rules necessary
22		to further define jet fuel and petroleum products sold to,
23		used, and eligible for exemption in a high impact service
24		facility. The minimum period for which an exemption from taxes
25		is granted by this Section is 10 years, regardless of the
26		duration of the enterprise zone in which the project is
27		located.
28		(Source: P.A. 90-42, eff. 1-1-98; revised 12-6-03.)
29		(35 ILCS 120/1k) (from Ch. 120, par. 440k)
30		Sec. 1k. Aircraft maintenance facility means a facility
31		operated by an interstate carrier for hire that is used
32		primarily for the maintenance, rebuilding or repair of
33		aircraft, aircraft parts and auxiliary equipment owned or
34		leased by that carrier and used by that carrier as rolling

1		stock moving in interstate commerce, and which: (1) will make
2		an investment by the interstate carrier for hire of
3		$400,000,000 or more in an enterprise zone; (2) will cause the
4		creation of at least 5,000 full-time jobs in that enterprise
5		zone; (3) is located in a county with population not less than
6		150,000 and not more than 200,000 and that contains 3
7		enterprise zones as of December 31, 1990; (4) enters into a
8		legally binding agreement with the Department of Commerce and
9		Economic Opportunity Community Affairs to comply with clauses
10		(1) and (2) of this paragraph within a time period specified in
11		the rules and regulations promulgated pursuant to this Section;
12		and (5) is certified by the Department of Commerce and Economic
13		Opportunity Community Affairs to be in compliance with clauses
14		(1), (2), (3) and (4) of this Section. Any aircraft maintenance
15		facility applying for the exemption stated in this Section
16		shall make application to the Department of Commerce and
17		Economic Opportunity Community Affairs in such form and
18		providing such information as may be prescribed by the
19		Department of Commerce and Economic Opportunity Community
20		Affairs.
21		The Department of Commerce and Economic Opportunity
22		Community Affairs shall determine whether the facility meets
23		the criteria prescribed in this Section. If the Department of
24		Commerce and Economic Opportunity Community Affairs determines
25		that the facility meets the criteria, it shall issue a
26		certificate of eligibility for exemption in the form prescribed
27		by the Department of Revenue to the business enterprise
28		operating the facility. The Department of Commerce and Economic
29		Opportunity Community Affairs shall act upon certification
30		request within 60 days after receipt of application, and shall
31		file with the Department of Revenue a copy of each certificate
32		of eligibility for exemption.
33		The Department of Commerce and Economic Opportunity
34		Community Affairs shall promulgate rules and regulations to
35		carry out the provisions of this Section, and to require that
36		any business enterprise that is granted a tax exemption pay the

1		exempted tax to the Department of Revenue if the business
2		enterprise fails to comply with the terms and conditions of the
3		certification, and pay all penalties and interest on that
4		exempted tax as determined by the Department of Revenue.
5		The certificate of eligibility for exemption shall be
6		presented by the business enterprise to its supplier when
7		making the initial purchase of machinery and equipment for
8		which an exemption is granted by Section 1m or Section 1n of
9		this Act, or both, together with a certification by the
10		business enterprise that the machinery and equipment is exempt
11		from taxation under Section 1m or 1n of this Act. The exempt
12		status, if any, of each subsequent purchase shall be indicated
13		on the face of the purchase order.
14		(Source: P.A. 86-1490; revised 12-6-03.)
15		(35 ILCS 120/1o)
16		Sec. 1o. Aircraft support center exemption.
17		(a) For the purposes of this Act, "aircraft support center"
18		means a support center operated by a carrier for hire that is
19		used primarily for the maintenance, rebuilding, or repair of
20		aircraft, aircraft parts, and auxiliary equipment, and which
21		carrier:
22		(1) will make an investment of $30,000,000 or more at a
23		federal Air Force Base located in this State;
24		(2) will cause the creation of at least 750 full-time
25		jobs at a joint use military and civilian airport at that
26		federal Air Force Base;
27		(3) enters into a legally binding agreement with the
28		Department of Commerce and Economic Opportunity Community
29		Affairs to comply with paragraphs (1) and (2) within a time
30		period specified in the rules and regulations promulgated
31		by the Department of Commerce and Economic Opportunity
32		Community Affairs pursuant to this subsection; and
33		(4) is certified by the Department of Commerce and
34		Economic Opportunity Community Affairs to be in compliance
35		with paragraphs (1), (2), and (3).

1		Any aircraft support center applying for an exemption stated in
2		this Section shall make application to the Department of
3		Commerce and Economic Opportunity Community Affairs in such
4		form and providing such information as may be prescribed by
5		that Department. The Department of Commerce and Economic
6		Opportunity Community Affairs shall determine whether the
7		aircraft support center meets the criteria prescribed in this
8		subsection. If the Department of Commerce and Economic
9		Opportunity Community Affairs determines that the aircraft
10		support center meets the criteria, it shall issue a certificate
11		of eligibility for exemption in the form prescribed by the
12		Department of Revenue to the carrier operating the aircraft
13		support center. The Department of Commerce and Economic
14		Opportunity Community Affairs shall act upon certification
15		request within 60 days after receipt of application and shall
16		file with the Department of Revenue a copy of each certificate
17		of eligibility for exemption.
18		The Department of Commerce and Economic Opportunity
19		Community Affairs shall promulgate rules and regulations to
20		carry out the provisions of this subsection and to require that
21		any business operating an aircraft support center that is
22		granted a tax exemption pay the exempted tax to the Department
23		of Revenue if the business fails to comply with the terms and
24		conditions of the certification and pay all penalties and
25		interest on that exempted tax as determined by the Department
26		of Revenue.
27		The certificate of eligibility for exemption shall be
28		presented by the carrier operating an aircraft support center
29		to its supplier when making the initial purchase of items for
30		which an exemption is granted by this Section together with a
31		certification by the business that the items are exempt from
32		taxation under this Act. The exempt status, if any, of each
33		subsequent purchase shall be indicated on the face of the
34		purchase order.
35		(b) Subject to the provisions of this subsection, jet fuel
36		and petroleum products used or consumed by any aircraft support

1		center directly in the process of maintaining, rebuilding, or
2		repairing aircraft is exempt from the tax imposed by this Act.
3		The Department of Revenue shall promulgate any rules necessary
4		to further define the items eligible for exemption.
5		(c) This Section is exempt from the provisions of Section
6		2-70.
7		(Source: P.A. 90-792, eff. 1-1-99; revised 12-6-03.)
8		(35 ILCS 120/5l) (from Ch. 120, par. 444l)
9		Sec. 5l. Beginning January 1, 1995, each retailer who makes
10		a sale of building materials that will be incorporated into a
11		High Impact Business location as designated by the Department
12		of Commerce and Economic Opportunity Community Affairs under
13		Section 5.5 of the Illinois Enterprise Zone Act may deduct
14		receipts from such sales when calculating only the 6.25% State
15		rate of tax imposed by this Act. Beginning on the effective
16		date of this amendatory Act of 1995, a retailer may also deduct
17		receipts from such sales when calculating any applicable local
18		taxes. However, until the effective date of this amendatory Act
19		of 1995, a retailer may file claims for credit or refund to
20		recover the amount of any applicable local tax paid on such
21		sales. No retailer who is eligible for the deduction or credit
22		under Section 5k of this Act for making a sale of building
23		materials to be incorporated into real estate in an enterprise
24		zone by rehabilitation, remodeling or new construction shall be
25		eligible for the deduction or credit authorized under this
26		Section.
27		(Source: P.A. 89-89, eff. 6-30-95; revised 12-6-03.)

28		Section 495. The Gas Use Tax Law is amended by changing
29		Section 5-10 as follows:
30		(35 ILCS 173/5-10)
31		Sec. 5-10. Imposition of tax. Beginning October 1, 2003, a
32		tax is imposed upon the privilege of using in this State gas
33		obtained in a purchase of out-of-state gas at the rate of 2.4

1		cents per therm or 5% of the purchase price for the billing
2		period, whichever is the lower rate. Such tax rate shall be
3		referred to as the "self-assessing purchaser tax rate".
4		Beginning with bills issued by delivering suppliers on and
5		after October 1, 2003, purchasers may elect an alternative tax
6		rate of 2.4 cents per therm to be paid under the provisions of
7		Section 5-15 of this Law to a delivering supplier maintaining a
8		place of business in this State. Such tax rate shall be
9		referred to as the "alternate tax rate". The tax imposed under
10		this Section shall not apply to gas used by business
11		enterprises certified under Section 9-222.1 of the Public
12		Utilities Act, as amended, to the extent of such exemption and
13		during the period of time specified by the Department of
14		Commerce and Economic Opportunity Community Affairs.
15		(Source: P.A. 93-31, eff. 10-1-03; revised 12-6-03.)

16		Section 500. The Property Tax Code is amended by changing
17		Sections 10-5, 18-165, 29-10, and 29-15 as follows:
18		(35 ILCS 200/10-5)
19		Sec. 10-5. Solar energy systems; definitions. It is the
20		policy of this State that the use of solar energy systems
21		should be encouraged because they conserve nonrenewable
22		resources, reduce pollution and promote the health and
23		well-being of the people of this State, and should be valued in
24		relation to these benefits.
25		(a) "Solar energy" means radiant energy received from the
26		sun at wave lengths suitable for heat transfer, photosynthetic
27		use, or photovoltaic use.
28		(b) "Solar collector" means
29		(1) An assembly, structure, or design, including
30		passive elements, used for gathering, concentrating, or
31		absorbing direct and indirect solar energy, specially
32		designed for holding a substantial amount of useful thermal
33		energy and to transfer that energy to a gas, solid, or
34		liquid or to use that energy directly; or

1		(2) A mechanism that absorbs solar energy and converts
2		it into electricity; or
3		(3) A mechanism or process used for gathering solar
4		energy through wind or thermal gradients; or
5		(4) A component used to transfer thermal energy to a
6		gas, solid, or liquid, or to convert it into electricity.
7		(c) "Solar storage mechanism" means equipment or elements
8		(such as piping and transfer mechanisms, containers, heat
9		exchangers, or controls thereof, and gases, solids, liquids, or
10		combinations thereof) that are utilized for storing solar
11		energy, gathered by a solar collector, for subsequent use.
12		(d) "Solar energy system" means
13		(1)(A) A complete assembly, structure, or design of
14		solar collector, or a solar storage mechanism, which uses
15		solar energy for generating electricity or for heating or
16		cooling gases, solids, liquids, or other materials;
17		(B) The design, materials, or elements of a system and
18		its maintenance, operation, and labor components, and the
19		necessary components, if any, of supplemental conventional
20		energy systems designed or constructed to interface with a
21		solar energy system; and
22		(C) Any legal, financial, or institutional orders,
23		certificates, or mechanisms, including easements, leases,
24		and agreements, required to ensure continued access to
25		solar energy, its source, or its use in a solar energy
26		system, and including monitoring and educational elements
27		of a demonstration project.
28		(2) "Solar energy system" does not include
29		(A) Distribution equipment that is equally usable
30		in a conventional energy system except for those
31		components of the equipment that are necessary for
32		meeting the requirements of efficient solar energy
33		utilization; and
34		(B) Components of a solar energy system that serve
35		structural, insulating, protective, shading,
36		aesthetic, or other non-solar energy utilization

1		purposes, as defined in the regulations of the
2		Department of Commerce and Economic Opportunity
3		Community Affairs.
4		(3) The solar energy system shall conform to the
5		standards for those systems established by regulation of
6		the Department of Commerce and Economic Opportunity
7		Community Affairs.
8		(Source: P.A. 88-455; 89-445, eff. 2-7-96; revised 12-6-03.)
9		(35 ILCS 200/18-165)
10		Sec. 18-165. Abatement of taxes.
11		(a) Any taxing district, upon a majority vote of its
12		governing authority, may, after the determination of the
13		assessed valuation of its property, order the clerk of that
14		county to abate any portion of its taxes on the following types
15		of property:
16		(1) Commercial and industrial.
17		(A) The property of any commercial or industrial
18		firm, including but not limited to the property of (i)
19		any firm that is used for collecting, separating,
20		storing, or processing recyclable materials, locating
21		within the taxing district during the immediately
22		preceding year from another state, territory, or
23		country, or having been newly created within this State
24		during the immediately preceding year, or expanding an
25		existing facility, or (ii) any firm that is used for
26		the generation and transmission of electricity
27		locating within the taxing district during the
28		immediately preceding year or expanding its presence
29		within the taxing district during the immediately
30		preceding year by construction of a new electric
31		generating facility that uses natural gas as its fuel,
32		or any firm that is used for production operations at a
33		new, expanded, or reopened coal mine within the taxing
34		district, that has been certified as a High Impact
35		Business by the Illinois Department of Commerce and

1		Economic Opportunity Community Affairs. The property
2		of any firm used for the generation and transmission of
3		electricity shall include all property of the firm used
4		for transmission facilities as defined in Section 5.5
5		of the Illinois Enterprise Zone Act. The abatement
6		shall not exceed a period of 10 years and the aggregate
7		amount of abated taxes for all taxing districts
8		combined shall not exceed $4,000,000.
9		(A-5) Any property in the taxing district of a new
10		electric generating facility, as defined in Section
11		605-332 of the Department of Commerce and Economic
12		Opportunity Community Affairs Law of the Civil
13		Administrative Code of Illinois. The abatement shall
14		not exceed a period of 10 years. The abatement shall be
15		subject to the following limitations:
16		(i) if the equalized assessed valuation of the
17		new electric generating facility is equal to or
18		greater than $25,000,000 but less than
19		$50,000,000, then the abatement may not exceed (i)
20		over the entire term of the abatement, 5% of the
21		taxing district's aggregate taxes from the new
22		electric generating facility and (ii) in any one
23		year of abatement, 20% of the taxing district's
24		taxes from the new electric generating facility;
25		(ii) if the equalized assessed valuation of
26		the new electric generating facility is equal to or
27		greater than $50,000,000 but less than
28		$75,000,000, then the abatement may not exceed (i)
29		over the entire term of the abatement, 10% of the
30		taxing district's aggregate taxes from the new
31		electric generating facility and (ii) in any one
32		year of abatement, 35% of the taxing district's
33		taxes from the new electric generating facility;
34		(iii) if the equalized assessed valuation of
35		the new electric generating facility is equal to or
36		greater than $75,000,000 but less than

1		$100,000,000, then the abatement may not exceed
2		(i) over the entire term of the abatement, 20% of
3		the taxing district's aggregate taxes from the new
4		electric generating facility and (ii) in any one
5		year of abatement, 50% of the taxing district's
6		taxes from the new electric generating facility;
7		(iv) if the equalized assessed valuation of
8		the new electric generating facility is equal to or
9		greater than $100,000,000 but less than
10		$125,000,000, then the abatement may not exceed
11		(i) over the entire term of the abatement, 30% of
12		the taxing district's aggregate taxes from the new
13		electric generating facility and (ii) in any one
14		year of abatement, 60% of the taxing district's
15		taxes from the new electric generating facility;
16		(v) if the equalized assessed valuation of the
17		new electric generating facility is equal to or
18		greater than $125,000,000 but less than
19		$150,000,000, then the abatement may not exceed
20		(i) over the entire term of the abatement, 40% of
21		the taxing district's aggregate taxes from the new
22		electric generating facility and (ii) in any one
23		year of abatement, 60% of the taxing district's
24		taxes from the new electric generating facility;
25		(vi) if the equalized assessed valuation of
26		the new electric generating facility is equal to or
27		greater than $150,000,000, then the abatement may
28		not exceed (i) over the entire term of the
29		abatement, 50% of the taxing district's aggregate
30		taxes from the new electric generating facility
31		and (ii) in any one year of abatement, 60% of the
32		taxing district's taxes from the new electric
33		generating facility.
34		The abatement is not effective unless the owner of
35		the new electric generating facility agrees to repay to
36		the taxing district all amounts previously abated,

1		together with interest computed at the rate and in the
2		manner provided for delinquent taxes, in the event that
3		the owner of the new electric generating facility
4		closes the new electric generating facility before the
5		expiration of the entire term of the abatement.
6		The authorization of taxing districts to abate
7		taxes under this subdivision (a)(1)(A-5) expires on
8		January 1, 2010.
9		(B) The property of any commercial or industrial
10		development of at least 500 acres having been created
11		within the taxing district. The abatement shall not
12		exceed a period of 20 years and the aggregate amount of
13		abated taxes for all taxing districts combined shall
14		not exceed $12,000,000.
15		(C) The property of any commercial or industrial
16		firm currently located in the taxing district that
17		expands a facility or its number of employees. The
18		abatement shall not exceed a period of 10 years and the
19		aggregate amount of abated taxes for all taxing
20		districts combined shall not exceed $4,000,000. The
21		abatement period may be renewed at the option of the
22		taxing districts.
23		(2) Horse racing. Any property in the taxing district
24		which is used for the racing of horses and upon which
25		capital improvements consisting of expansion, improvement
26		or replacement of existing facilities have been made since
27		July 1, 1987. The combined abatements for such property
28		from all taxing districts in any county shall not exceed
29		$5,000,000 annually and shall not exceed a period of 10
30		years.
31		(3) Auto racing. Any property designed exclusively for
32		the racing of motor vehicles. Such abatement shall not
33		exceed a period of 10 years.
34		(4) Academic or research institute. The property of any
35		academic or research institute in the taxing district that
36		(i) is an exempt organization under paragraph (3) of

1		Section 501(c) of the Internal Revenue Code, (ii) operates
2		for the benefit of the public by actually and exclusively
3		performing scientific research and making the results of
4		the research available to the interested public on a
5		non-discriminatory basis, and (iii) employs more than 100
6		employees. An abatement granted under this paragraph shall
7		be for at least 15 years and the aggregate amount of abated
8		taxes for all taxing districts combined shall not exceed
9		$5,000,000.
10		(5) Housing for older persons. Any property in the
11		taxing district that is devoted exclusively to affordable
12		housing for older households. For purposes of this
13		paragraph, "older households" means those households (i)
14		living in housing provided under any State or federal
15		program that the Department of Human Rights determines is
16		specifically designed and operated to assist elderly
17		persons and is solely occupied by persons 55 years of age
18		or older and (ii) whose annual income does not exceed 80%
19		of the area gross median income, adjusted for family size,
20		as such gross income and median income are determined from
21		time to time by the United States Department of Housing and
22		Urban Development. The abatement shall not exceed a period
23		of 15 years, and the aggregate amount of abated taxes for
24		all taxing districts shall not exceed $3,000,000.
25		(6) Historical society. For assessment years 1998
26		through 2008, the property of an historical society
27		qualifying as an exempt organization under Section
28		501(c)(3) of the federal Internal Revenue Code.
29		(7) Recreational facilities. Any property in the
30		taxing district (i) that is used for a municipal airport,
31		(ii) that is subject to a leasehold assessment under
32		Section 9-195 of this Code and (iii) which is sublet from a
33		park district that is leasing the property from a
34		municipality, but only if the property is used exclusively
35		for recreational facilities or for parking lots used
36		exclusively for those facilities. The abatement shall not

1		exceed a period of 10 years.
2		(8) Relocated corporate headquarters. If approval
3		occurs within 5 years after the effective date of this
4		amendatory Act of the 92nd General Assembly, any property
5		or a portion of any property in a taxing district that is
6		used by an eligible business for a corporate headquarters
7		as defined in the Corporate Headquarters Relocation Act.
8		Instead of an abatement under this paragraph (8), a taxing
9		district may enter into an agreement with an eligible
10		business to make annual payments to that eligible business
11		in an amount not to exceed the property taxes paid directly
12		or indirectly by that eligible business to the taxing
13		district and any other taxing districts for premises
14		occupied pursuant to a written lease and may make those
15		payments without the need for an annual appropriation. No
16		school district, however, may enter into an agreement with,
17		or abate taxes for, an eligible business unless the
18		municipality in which the corporate headquarters is
19		located agrees to provide funding to the school district in
20		an amount equal to the amount abated or paid by the school
21		district as provided in this paragraph (8). Any abatement
22		ordered or agreement entered into under this paragraph (8)
23		may be effective for the entire term specified by the
24		taxing district, except the term of the abatement or annual
25		payments may not exceed 20 years.
26		(b) Upon a majority vote of its governing authority, any
27		municipality may, after the determination of the assessed
28		valuation of its property, order the county clerk to abate any
29		portion of its taxes on any property that is located within the
30		corporate limits of the municipality in accordance with Section
31		8-3-18 of the Illinois Municipal Code.
32		(Source: P.A. 92-12, eff. 7-1-01; 92-207, eff. 8-1-01; 92-247,
33		eff. 8-3-01; 92-651, eff. 7-11-02; 93-270, eff. 7-22-03;
34		revised 12-6-03.)
35		(35 ILCS 200/29-10)

1		Sec. 29-10. State must be party to proceedings. No amount
2		may be claimed from the State by or on behalf of any unit of
3		local government for any local improvement made by special
4		assessment or special tax that benefits, or is alleged to
5		benefit, abutting property owned by the State unless the State
6		has been made a party to all proceedings, has been given all
7		notices, and has been afforded the same opportunities for
8		hearing and for objecting to the assessment in the same manner
9		and under the same conditions as provided in the law applicable
10		to the making of the local improvement by special assessment or
11		special tax by that unit of local government.
12		For the purposes of this Article, any notices required
13		under applicable law must be sent by registered or certified
14		mail to the Director of the Department or the other State
15		officer having jurisdiction over the State property affected,
16		to the Director of the Department of Commerce and Economic
17		Opportunity Community Affairs, and to the Attorney General.
18		(Source: P.A. 86-933; 88-455; revised 12-6-03.)
19		(35 ILCS 200/29-15)
20		Sec. 29-15. Payment of assessment. When the Attorney
21		General has certified to the Director of Commerce and Economic
22		Opportunity Community Affairs that the amount, in the nature of
23		a special assessment by which specified abutting State property
24		has been benefited by a specified local improvement, has been
25		determined in compliance with this Article, the Director shall,
26		to the extent that appropriations are available for that
27		purpose, voucher the amount of that assessment, or $25,000,
28		whichever is less, for payment to the appropriate unit of local
29		government. When the amount appropriated in any fiscal year for
30		those purposes is insufficient to pay a special assessment
31		totalling $25,000 or less in full, the balance of that special
32		assessment shall be vouchered for payment from the
33		appropriation for those purposes for the next succeeding fiscal
34		year.
35		If the amount of the assessment exceeds $25,000, the

1		Director of the Department or the other State officer having
2		jurisdiction over the property affected shall include in the
3		Department's budget for the next succeeding fiscal year a
4		request for the appropriation of the amount by which the
5		assessment exceeds $25,000, plus interest, if any, which shall
6		be vouchered for payment from that appropriation.
7		(Source: P.A. 86-933; 88-455; revised 12-6-03.)

8		Section 505. The Gas Revenue Tax Act is amended by changing
9		Section 1 as follows:
10		(35 ILCS 615/1) (from Ch. 120, par. 467.16)
11		Sec. 1. For the purposes of this Act: "Gross receipts"
12		means the consideration received for gas distributed,
13		supplied, furnished or sold to persons for use or consumption
14		and not for resale, and for all services (including the
15		transportation or storage of gas for an end-user) rendered in
16		connection therewith, and shall include cash, services and
17		property of every kind or nature, and shall be determined
18		without any deduction on account of the cost of the service,
19		product or commodity supplied, the cost of materials used,
20		labor or service costs, or any other expense whatsoever.
21		However, "gross receipts" shall not include receipts from:
22		(i) any minimum or other charge for gas or gas service
23		where the customer has taken no therms of gas;
24		(ii) any charge for a dishonored check;
25		(iii) any finance or credit charge, penalty or charge
26		for delayed payment, or discount for prompt payment;
27		(iv) any charge for reconnection of service or for
28		replacement or relocation of facilities;
29		(v) any advance or contribution in aid of construction;
30		(vi) repair, inspection or servicing of equipment
31		located on customer premises;
32		(vii) leasing or rental of equipment, the leasing or
33		rental of which is not necessary to distributing,
34		furnishing, supplying, selling, transporting or storing

1		gas;
2		(viii) any sale to a customer if the taxpayer is
3		prohibited by federal or State constitution, treaty,
4		convention, statute or court decision from recovering the
5		related tax liability from such customer;
6		(ix) any charges added to customers' bills pursuant to
7		the provisions of Section 9-221 or Section 9-222 of the
8		Public Utilities Act, as amended, or any charges added to
9		customers' bills by taxpayers who are not subject to rate
10		regulation by the Illinois Commerce Commission for the
11		purpose of recovering any of the tax liabilities or other
12		amounts specified in such provisions of such Act; and
13		(x) prior to October 1, 2003, any charge for gas or gas
14		services to a customer who acquired contractual rights for
15		the direct purchase of gas or gas services originating from
16		an out-of-state supplier or source on or before March 1,
17		1995, except for those charges solely related to the local
18		distribution of gas by a public utility. This exemption
19		includes any charge for gas or gas service, except for
20		those charges solely related to the local distribution of
21		gas by a public utility, to a customer who maintained an
22		account with a public utility (as defined in Section 3-105
23		of the Public Utilities Act) for the transportation of
24		customer-owned gas on or before March 1, 1995. The
25		provisions of this amendatory Act of 1997 are intended to
26		clarify, rather than change, existing law as to the meaning
27		and scope of this exemption. This exemption (x) expires on
28		September 30, 2003.
29		In case credit is extended, the amount thereof shall be
30		included only as and when payments are received.
31		"Gross receipts" shall not include consideration received
32		from business enterprises certified under Section 9-222.1 of
33		the Public Utilities Act, as amended, to the extent of such
34		exemption and during the period of time specified by the
35		Department of Commerce and Economic Opportunity Community
36		Affairs.

1		"Department" means the Department of Revenue of the State
2		of Illinois.
3		"Director" means the Director of Revenue for the Department
4		of Revenue of the State of Illinois.
5		"Taxpayer" means a person engaged in the business of
6		distributing, supplying, furnishing or selling gas for use or
7		consumption and not for resale.
8		"Person" means any natural individual, firm, trust,
9		estate, partnership, association, joint stock company, joint
10		adventure, corporation, limited liability company, or a
11		receiver, trustee, guardian or other representative appointed
12		by order of any court, or any city, town, county or other
13		political subdivision of this State.
14		"Invested capital" means that amount equal to (i) the
15		average of the balances at the beginning and end of each
16		taxable period of the taxpayer's total stockholder's equity and
17		total long-term debt, less investments in and advances to all
18		corporations, as set forth on the balance sheets included in
19		the taxpayer's annual report to the Illinois Commerce
20		Commission for the taxable period; (ii) multiplied by a
21		fraction determined under Sections 301 and 304(a) of the
22		"Illinois Income Tax Act" and reported on the Illinois income
23		tax return for the taxable period ending in or with the taxable
24		period in question. However, notwithstanding the income tax
25		return reporting requirement stated above, beginning July 1,
26		1979, no taxpayer's denominators used to compute the sales,
27		property or payroll factors under subsection (a) of Section 304
28		of the Illinois Income Tax Act shall include payroll, property
29		or sales of any corporate entity other than the taxpayer for
30		the purposes of determining an allocation for the invested
31		capital tax. This amendatory Act of 1982, Public Act 82-1024,
32		is not intended to and does not make any change in the meaning
33		of any provision of this Act, it having been the intent of the
34		General Assembly in initially enacting the definition of
35		"invested capital" to provide for apportionment of the invested
36		capital of each company, based solely upon the sales, property

1		and payroll of that company.
2		"Taxable period" means each period which ends after the
3		effective date of this Act and which is covered by an annual
4		report filed by the taxpayer with the Illinois Commerce
5		Commission.
6		(Source: P.A. 93-31, eff. 10-1-03; revised 12-6-03.)

7		Section 510. The Public Utilities Revenue Act is amended by
8		changing Section 1 as follows:
9		(35 ILCS 620/1) (from Ch. 120, par. 468)
10		Sec. 1. For the purposes of this Law:
11		"Consumer Price Index" means the Consumer Price Index For
12		All Urban Consumers for all items published by the United
13		States Department of Labor; provided that if this index no
14		longer exists, the Department of Revenue shall prescribe the
15		use of a comparable, substitute index.
16		"Gross receipts" means the consideration received for
17		electricity distributed, supplied, furnished or sold to
18		persons for use or consumption and not for resale, and for all
19		services (including the transmission of electricity for an
20		end-user) rendered in connection therewith, and includes cash,
21		services and property of every kind or nature, and shall be
22		determined without any deduction on account of the cost of the
23		service, product or commodity supplied, the cost of materials
24		used, labor or service costs, or any other expense whatsoever.
25		However, "gross receipts" shall not include receipts from:
26		(i) any minimum or other charge for electricity or
27		electric service where the customer has taken no
28		kilowatt-hours of electricity;
29		(ii) any charge for a dishonored check;
30		(iii) any finance or credit charge, penalty or charge
31		for delayed payment, or discount for prompt payment;
32		(iv) any charge for reconnection of service or for
33		replacement or relocation of facilities;
34		(v) any advance or contribution in aid of construction;

1		(vi) repair, inspection or servicing of equipment
2		located on customer premises;
3		(vii) leasing or rental of equipment, the leasing or
4		rental of which is not necessary to distributing,
5		furnishing, supplying, selling or transporting
6		electricity;
7		(viii) any sale to a customer if the taxpayer is
8		prohibited by federal or State constitution, treaty,
9		convention, statute or court decision from recovering the
10		related tax liability from such customer; and
11		(ix) any charges added to customers' bills pursuant to
12		the provisions of Section 9-221 or Section 9-222 of the
13		Public Utilities Act, as amended, or any charges added to
14		customers' bills by taxpayers who are not subject to rate
15		regulation by the Illinois Commerce Commission for the
16		purpose of recovering any of the tax liabilities or other
17		amount specified in such provisions of such Act. In case
18		credit is extended, the amount thereof shall be included
19		only as and when payments are received.
20		"Gross receipts" shall not include consideration received
21		from business enterprises certified under Section 9-222.1 of
22		the Public Utilities Act, as amended, to the extent of such
23		exemption and during the period of time specified by the
24		Department of Commerce and Economic Opportunity Community
25		Affairs.
26		"Department" means the Department of Revenue of the State
27		of Illinois.
28		"Director" means the Director of Revenue for the Department
29		of Revenue of the State of Illinois.
30		"Distributing electricity" means delivering electric
31		energy to an end user over facilities owned, leased, or
32		controlled by the taxpayer.
33		"Taxpayer" for purposes of the tax on the distribution of
34		electricity imposed by this Act means an electric cooperative,
35		an electric utility, or an alternative retail electric supplier
36		(other than a person that is an alternative retail electric

1		supplier solely pursuant to subsection (e) of Section 16-115 of
2		the Public Utilities Act), as those terms are defined in the
3		Public Utilities Act, engaged in the business of distributing
4		electricity in this State for use or consumption and not for
5		resale.
6		"Taxpayer" for purposes of the Public Utilities Revenue Tax
7		means a person engaged in the business of distributing,
8		supplying, furnishing or selling electricity for use or
9		consumption and not for resale.
10		"Person" means any natural individual, firm, trust,
11		estate, partnership, association, joint stock company, joint
12		adventure, corporation, limited liability company, or a
13		receiver, trustee, guardian or other representative appointed
14		by order of any court, or any city, town, county or other
15		political subdivision of this State.
16		"Invested capital" in the case of an electric cooperative
17		subject to the tax imposed by Section 2a.1 means an amount
18		equal to the product determined by multiplying, (i) the average
19		of the balances at the beginning and end of the taxable period
20		of the taxpayer's total equity (including memberships,
21		patronage capital, operating margins, non-operating margins,
22		other margins and other equities), as set forth on the balance
23		sheets included in the taxpayer's annual report to the United
24		States Department of Agriculture Rural Utilities Services
25		(established pursuant to the federal Rural Electrification Act
26		of 1936, as amended), by (ii) the fraction determined under
27		Sections 301 and 304(a) of the Illinois Income Tax Act, as
28		amended, for the taxable period.
29		"Taxable period" means each calendar year which ends after
30		the effective date of this Act. In the case of an electric
31		cooperative subject to the tax imposed by Section 2a.1,
32		"taxable period" means each calendar year ending after the
33		effective date of this Act and covered by an annual report
34		filed by the taxpayer with the United States Department of
35		Agriculture Rural Utilities Services.
36		(Source: P.A. 90-561, eff. 1-1-98; revised 12-6-03.)

1		Section 515. The Telecommunications Excise Tax Act is
2		amended by changing Section 2 as follows:
3		(35 ILCS 630/2) (from Ch. 120, par. 2002)
4		Sec. 2. As used in this Article, unless the context clearly
5		requires otherwise:
6		(a) "Gross charge" means the amount paid for the act or
7		privilege of originating or receiving telecommunications in
8		this State and for all services and equipment provided in
9		connection therewith by a retailer, valued in money whether
10		paid in money or otherwise, including cash, credits, services
11		and property of every kind or nature, and shall be determined
12		without any deduction on account of the cost of such
13		telecommunications, the cost of materials used, labor or
14		service costs or any other expense whatsoever. In case credit
15		is extended, the amount thereof shall be included only as and
16		when paid. "Gross charges" for private line service shall
17		include charges imposed at each channel termination point
18		within this State, charges for the channel mileage between each
19		channel termination point within this State, and charges for
20		that portion of the interstate inter-office channel provided
21		within Illinois. Charges for that portion of the interstate
22		inter-office channel provided in Illinois shall be determined
23		by the retailer as follows: (i) for interstate inter-office
24		channels having 2 channel termination points, only one of which
25		is in Illinois, 50% of the total charge imposed; or (ii) for
26		interstate inter-office channels having more than 2 channel
27		termination points, one or more of which are in Illinois, an
28		amount equal to the total charge multiplied by a fraction, the
29		numerator of which is the number of channel termination points
30		within Illinois and the denominator of which is the total
31		number of channel termination points. Prior to January 1, 2004,
32		any method consistent with this paragraph or other method that
33		reasonably apportions the total charges for interstate
34		inter-office channels among the states in which channel

1		terminations points are located shall be accepted as a
2		reasonable method to determine the charges for that portion of
3		the interstate inter-office channel provided within Illinois
4		for that period. However, "gross charges" shall not include any
5		of the following:
6		(1) Any amounts added to a purchaser's bill because of
7		a charge made pursuant to (i) the tax imposed by this
8		Article; (ii) charges added to customers' bills pursuant to
9		the provisions of Sections 9-221 or 9-222 of the Public
10		Utilities Act, as amended, or any similar charges added to
11		customers' bills by retailers who are not subject to rate
12		regulation by the Illinois Commerce Commission for the
13		purpose of recovering any of the tax liabilities or other
14		amounts specified in such provisions of such Act; (iii) the
15		tax imposed by Section 4251 of the Internal Revenue Code;
16		(iv) 911 surcharges; or (v) the tax imposed by the
17		Simplified Municipal Telecommunications Tax Act.
18		(2) Charges for a sent collect telecommunication
19		received outside of the State.
20		(3) Charges for leased time on equipment or charges for
21		the storage of data or information for subsequent retrieval
22		or the processing of data or information intended to change
23		its form or content. Such equipment includes, but is not
24		limited to, the use of calculators, computers, data
25		processing equipment, tabulating equipment or accounting
26		equipment and also includes the usage of computers under a
27		time-sharing agreement.
28		(4) Charges for customer equipment, including such
29		equipment that is leased or rented by the customer from any
30		source, wherein such charges are disaggregated and
31		separately identified from other charges.
32		(5) Charges to business enterprises certified under
33		Section 9-222.1 of the Public Utilities Act, as amended, to
34		the extent of such exemption and during the period of time
35		specified by the Department of Commerce and Economic
36		Opportunity Community Affairs.

1		(6) Charges for telecommunications and all services
2		and equipment provided in connection therewith between a
3		parent corporation and its wholly owned subsidiaries or
4		between wholly owned subsidiaries when the tax imposed
5		under this Article has already been paid to a retailer and
6		only to the extent that the charges between the parent
7		corporation and wholly owned subsidiaries or between
8		wholly owned subsidiaries represent expense allocation
9		between the corporations and not the generation of profit
10		for the corporation rendering such service.
11		(7) Bad debts. Bad debt means any portion of a debt
12		that is related to a sale at retail for which gross charges
13		are not otherwise deductible or excludable that has become
14		worthless or uncollectable, as determined under applicable
15		federal income tax standards. If the portion of the debt
16		deemed to be bad is subsequently paid, the retailer shall
17		report and pay the tax on that portion during the reporting
18		period in which the payment is made.
19		(8) Charges paid by inserting coins in coin-operated
20		telecommunication devices.
21		(9) Amounts paid by telecommunications retailers under
22		the Telecommunications Municipal Infrastructure
23		Maintenance Fee Act.
24		(10) Charges for nontaxable services or
25		telecommunications if (i) those charges are aggregated
26		with other charges for telecommunications that are
27		taxable, (ii) those charges are not separately stated on
28		the customer bill or invoice, and (iii) the retailer can
29		reasonably identify the nontaxable charges on the
30		retailer's books and records kept in the regular course of
31		business. If the nontaxable charges cannot reasonably be
32		identified, the gross charge from the sale of both taxable
33		and nontaxable services or telecommunications billed on a
34		combined basis shall be attributed to the taxable services
35		or telecommunications. The burden of proving nontaxable
36		charges shall be on the retailer of the telecommunications.

1		(b) "Amount paid" means the amount charged to the
2		taxpayer's service address in this State regardless of where
3		such amount is billed or paid.
4		(c) "Telecommunications", in addition to the meaning
5		ordinarily and popularly ascribed to it, includes, without
6		limitation, messages or information transmitted through use of
7		local, toll and wide area telephone service; private line
8		services; channel services; telegraph services;
9		teletypewriter; computer exchange services; cellular mobile
10		telecommunications service; specialized mobile radio;
11		stationary two way radio; paging service; or any other form of
12		mobile and portable one-way or two-way communications; or any
13		other transmission of messages or information by electronic or
14		similar means, between or among points by wire, cable,
15		fiber-optics, laser, microwave, radio, satellite or similar
16		facilities. As used in this Act, "private line" means a
17		dedicated non-traffic sensitive service for a single customer,
18		that entitles the customer to exclusive or priority use of a
19		communications channel or group of channels, from one or more
20		specified locations to one or more other specified locations.
21		The definition of "telecommunications" shall not include value
22		added services in which computer processing applications are
23		used to act on the form, content, code and protocol of the
24		information for purposes other than transmission.
25		"Telecommunications" shall not include purchases of
26		telecommunications by a telecommunications service provider
27		for use as a component part of the service provided by him to
28		the ultimate retail consumer who originates or terminates the
29		taxable end-to-end communications. Carrier access charges,
30		right of access charges, charges for use of inter-company
31		facilities, and all telecommunications resold in the
32		subsequent provision of, used as a component of, or integrated
33		into end-to-end telecommunications service shall be
34		non-taxable as sales for resale.
35		(d) "Interstate telecommunications" means all
36		telecommunications that either originate or terminate outside

1		this State.
2		(e) "Intrastate telecommunications" means all
3		telecommunications that originate and terminate within this
4		State.
5		(f) "Department" means the Department of Revenue of the
6		State of Illinois.
7		(g) "Director" means the Director of Revenue for the
8		Department of Revenue of the State of Illinois.
9		(h) "Taxpayer" means a person who individually or through
10		his agents, employees or permittees engages in the act or
11		privilege of originating or receiving telecommunications in
12		this State and who incurs a tax liability under this Article.
13		(i) "Person" means any natural individual, firm, trust,
14		estate, partnership, association, joint stock company, joint
15		venture, corporation, limited liability company, or a
16		receiver, trustee, guardian or other representative appointed
17		by order of any court, the Federal and State governments,
18		including State universities created by statute or any city,
19		town, county or other political subdivision of this State.
20		(j) "Purchase at retail" means the acquisition,
21		consumption or use of telecommunication through a sale at
22		retail.
23		(k) "Sale at retail" means the transmitting, supplying or
24		furnishing of telecommunications and all services and
25		equipment provided in connection therewith for a consideration
26		to persons other than the Federal and State governments, and
27		State universities created by statute and other than between a
28		parent corporation and its wholly owned subsidiaries or between
29		wholly owned subsidiaries for their use or consumption and not
30		for resale.
31		(l) "Retailer" means and includes every person engaged in
32		the business of making sales at retail as defined in this
33		Article. The Department may, in its discretion, upon
34		application, authorize the collection of the tax hereby imposed
35		by any retailer not maintaining a place of business within this
36		State, who, to the satisfaction of the Department, furnishes

1		adequate security to insure collection and payment of the tax.
2		Such retailer shall be issued, without charge, a permit to
3		collect such tax. When so authorized, it shall be the duty of
4		such retailer to collect the tax upon all of the gross charges
5		for telecommunications in this State in the same manner and
6		subject to the same requirements as a retailer maintaining a
7		place of business within this State. The permit may be revoked
8		by the Department at its discretion.
9		(m) "Retailer maintaining a place of business in this
10		State", or any like term, means and includes any retailer
11		having or maintaining within this State, directly or by a
12		subsidiary, an office, distribution facilities, transmission
13		facilities, sales office, warehouse or other place of business,
14		or any agent or other representative operating within this
15		State under the authority of the retailer or its subsidiary,
16		irrespective of whether such place of business or agent or
17		other representative is located here permanently or
18		temporarily, or whether such retailer or subsidiary is licensed
19		to do business in this State.
20		(n) "Service address" means the location of
21		telecommunications equipment from which the telecommunications
22		services are originated or at which telecommunications
23		services are received by a taxpayer. In the event this may not
24		be a defined location, as in the case of mobile phones, paging
25		systems, maritime systems, service address means the
26		customer's place of primary use as defined in the Mobile
27		Telecommunications Sourcing Conformity Act. For air-to-ground
28		systems and the like, service address shall mean the location
29		of a taxpayer's primary use of the telecommunications equipment
30		as defined by telephone number, authorization code, or location
31		in Illinois where bills are sent.
32		(o) "Prepaid telephone calling arrangements" mean the
33		right to exclusively purchase telephone or telecommunications
34		services that must be paid for in advance and enable the
35		origination of one or more intrastate, interstate, or
36		international telephone calls or other telecommunications

1		using an access number, an authorization code, or both, whether
2		manually or electronically dialed, for which payment to a
3		retailer must be made in advance, provided that, unless
4		recharged, no further service is provided once that prepaid
5		amount of service has been consumed. Prepaid telephone calling
6		arrangements include the recharge of a prepaid calling
7		arrangement. For purposes of this subsection, "recharge" means
8		the purchase of additional prepaid telephone or
9		telecommunications services whether or not the purchaser
10		acquires a different access number or authorization code.
11		"Prepaid telephone calling arrangement" does not include an
12		arrangement whereby a customer purchases a payment card and
13		pursuant to which the service provider reflects the amount of
14		such purchase as a credit on an invoice issued to that customer
15		under an existing subscription plan.
16		(Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-878,
17		eff. 1-1-04; 93-286, 1-1-04; revised 12-6-03.)

18		Section 520. The Telecommunications Infrastructure
19		Maintenance Fee Act is amended by changing Section 10 as
20		follows:
21		(35 ILCS 635/10)
22		Sec. 10. Definitions.
23		(a) "Gross charges" means the amount paid to a
24		telecommunications retailer for the act or privilege of
25		originating or receiving telecommunications in this State and
26		for all services rendered in connection therewith, valued in
27		money whether paid in money or otherwise, including cash,
28		credits, services, and property of every kind or nature, and
29		shall be determined without any deduction on account of the
30		cost of such telecommunications, the cost of the materials
31		used, labor or service costs, or any other expense whatsoever.
32		In case credit is extended, the amount thereof shall be
33		included only as and when paid. "Gross charges" for private
34		line service shall include charges imposed at each channel

1		termination point within this State, charges for the channel
2		mileage between each channel termination point within this
3		State, and charges for that portion of the interstate
4		inter-office channel provided within Illinois. Charges for
5		that portion of the interstate inter-office channel provided in
6		Illinois shall be determined by the retailer as follows: (i)
7		for interstate inter-office channels having 2 channel
8		termination points, only one of which is in Illinois, 50% of
9		the total charge imposed; or (ii) for interstate inter-office
10		channels having more than 2 channel termination points, one or
11		more of which are in Illinois, an amount equal to the total
12		charge multiplied by a fraction, the numerator of which is the
13		number of channel termination points within Illinois and the
14		denominator of which is the total number of channel termination
15		points. Prior to January 1, 2004, any method consistent with
16		this paragraph or other method that reasonably apportions the
17		total charges for interstate inter-office channels among the
18		states in which channel terminations points are located shall
19		be accepted as a reasonable method to determine the charges for
20		that portion of the interstate inter-office channel provided
21		within Illinois for that period. However, "gross charges" shall
22		not include any of the following:
23		(1) Any amounts added to a purchaser's bill because of
24		a charge made under: (i) the fee imposed by this Section,
25		(ii) additional charges added to a purchaser's bill under
26		Section 9-221 or 9-222 of the Public Utilities Act, (iii)
27		the tax imposed by the Telecommunications Excise Tax Act,
28		(iv) 911 surcharges, (v) the tax imposed by Section 4251 of
29		the Internal Revenue Code, or (vi) the tax imposed by the
30		Simplified Municipal Telecommunications Tax Act.
31		(2) Charges for a sent collect telecommunication
32		received outside of this State.
33		(3) Charges for leased time on equipment or charges for
34		the storage of data or information or subsequent retrieval
35		or the processing of data or information intended to change
36		its form or content. Such equipment includes, but is not

1		limited to, the use of calculators, computers, data
2		processing equipment, tabulating equipment, or accounting
3		equipment and also includes the usage of computers under a
4		time-sharing agreement.
5		(4) Charges for customer equipment, including such
6		equipment that is leased or rented by the customer from any
7		source, wherein such charges are disaggregated and
8		separately identified from other charges.
9		(5) Charges to business enterprises certified under
10		Section 9-222.1 of the Public Utilities Act to the extent
11		of such exemption and during the period of time specified
12		by the Department of Commerce and Economic Opportunity
13		Community Affairs.
14		(6) Charges for telecommunications and all services
15		and equipment provided in connection therewith between a
16		parent corporation and its wholly owned subsidiaries or
17		between wholly owned subsidiaries, and only to the extent
18		that the charges between the parent corporation and wholly
19		owned subsidiaries or between wholly owned subsidiaries
20		represent expense allocation between the corporations and
21		not the generation of profit other than a regulatory
22		required profit for the corporation rendering such
23		services.
24		(7) Bad debts ("bad debt" means any portion of a debt
25		that is related to a sale at retail for which gross charges
26		are not otherwise deductible or excludable that has become
27		worthless or uncollectible, as determined under applicable
28		federal income tax standards; if the portion of the debt
29		deemed to be bad is subsequently paid, the retailer shall
30		report and pay the tax on that portion during the reporting
31		period in which the payment is made).
32		(8) Charges paid by inserting coins in coin-operated
33		telecommunication devices.
34		(9) Charges for nontaxable services or
35		telecommunications if (i) those charges are aggregated
36		with other charges for telecommunications that are

1		taxable, (ii) those charges are not separately stated on
2		the customer bill or invoice, and (iii) the retailer can
3		reasonably identify the nontaxable charges on the
4		retailer's books and records kept in the regular course of
5		business. If the nontaxable charges cannot reasonably be
6		identified, the gross charge from the sale of both taxable
7		and nontaxable services or telecommunications billed on a
8		combined basis shall be attributed to the taxable services
9		or telecommunications. The burden of proving nontaxable
10		charges shall be on the retailer of the telecommunications.
11		(a-5) "Department" means the Illinois Department of
12		Revenue.
13		(b) "Telecommunications" includes, but is not limited to,
14		messages or information transmitted through use of local, toll,
15		and wide area telephone service, channel services, telegraph
16		services, teletypewriter service, computer exchange services,
17		private line services, specialized mobile radio services, or
18		any other transmission of messages or information by electronic
19		or similar means, between or among points by wire, cable, fiber
20		optics, laser, microwave, radio, satellite, or similar
21		facilities. Unless the context clearly requires otherwise,
22		"telecommunications" shall also include wireless
23		telecommunications as hereinafter defined.
24		"Telecommunications" shall not include value added services in
25		which computer processing applications are used to act on the
26		form, content, code, and protocol of the information for
27		purposes other than transmission. "Telecommunications" shall
28		not include purchase of telecommunications by a
29		telecommunications service provider for use as a component part
30		of the service provided by him or her to the ultimate retail
31		consumer who originates or terminates the end-to-end
32		communications. Retailer access charges, right of access
33		charges, charges for use of intercompany facilities, and all
34		telecommunications resold in the subsequent provision and used
35		as a component of, or integrated into, end-to-end
36		telecommunications service shall not be included in gross

1		charges as sales for resale. "Telecommunications" shall not
2		include the provision of cable services through a cable system
3		as defined in the Cable Communications Act of 1984 (47 U.S.C.
4		Sections 521 and following) as now or hereafter amended or
5		through an open video system as defined in the Rules of the
6		Federal Communications Commission (47 C.D.F. 76.1550 and
7		following) as now or hereafter amended. Beginning January 1,
8		2001, prepaid telephone calling arrangements shall not be
9		considered "telecommunications" subject to the tax imposed
10		under this Act. For purposes of this Section, "prepaid
11		telephone calling arrangements" means that term as defined in
12		Section 2-27 of the Retailers' Occupation Tax Act.
13		(c) "Wireless telecommunications" includes cellular mobile
14		telephone services, personal wireless services as defined in
15		Section 704(C) of the Telecommunications Act of 1996 (Public
16		Law No. 104-104) as now or hereafter amended, including all
17		commercial mobile radio services, and paging services.
18		(d) "Telecommunications retailer" or "retailer" or
19		"carrier" means and includes every person engaged in the
20		business of making sales of telecommunications at retail as
21		defined in this Section. The Department may, in its discretion,
22		upon applications, authorize the collection of the fee hereby
23		imposed by any retailer not maintaining a place of business
24		within this State, who, to the satisfaction of the Department,
25		furnishes adequate security to insure collection and payment of
26		the fee. When so authorized, it shall be the duty of such
27		retailer to pay the fee upon all of the gross charges for
28		telecommunications in the same manner and subject to the same
29		requirements as a retailer maintaining a place of business
30		within this State.
31		(e) "Retailer maintaining a place of business in this
32		State", or any like term, means and includes any retailer
33		having or maintaining within this State, directly or by a
34		subsidiary, an office, distribution facilities, transmission
35		facilities, sales office, warehouse, or other place of
36		business, or any agent or other representative operating within

1		this State under the authority of the retailer or its
2		subsidiary, irrespective of whether such place of business or
3		agent or other representative is located here permanently or
4		temporarily, or whether such retailer or subsidiary is licensed
5		to do business in this State.
6		(f) "Sale of telecommunications at retail" means the
7		transmitting, supplying, or furnishing of telecommunications
8		and all services rendered in connection therewith for a
9		consideration, other than between a parent corporation and its
10		wholly owned subsidiaries or between wholly owned
11		subsidiaries, when the gross charge made by one such
12		corporation to another such corporation is not greater than the
13		gross charge paid to the retailer for their use or consumption
14		and not for sale.
15		(g) "Service address" means the location of
16		telecommunications equipment from which telecommunications
17		services are originated or at which telecommunications
18		services are received. If this is not a defined location, as in
19		the case of wireless telecommunications, paging systems,
20		maritime systems, service address means the customer's place of
21		primary use as defined in the Mobile Telecommunications
22		Sourcing Conformity Act. For air-to-ground systems, and the
23		like, "service address" shall mean the location of the
24		customer's primary use of the telecommunications equipment as
25		defined by the location in Illinois where bills are sent.
26		(Source: P.A. 92-474, eff. 8-1-02; 92-526, eff. 1-1-03; 92-878,
27		eff. 1-1-04; 93-286, eff. 1-1-04; revised 12-6-03.)

28		Section 525. The Simplified Municipal Telecommunications
29		Tax Act is amended by changing Section 5-7 as follows:
30		(35 ILCS 636/5-7)
31		Sec. 5-7. Definitions. For purposes of the taxes authorized
32		by this Act:
33		"Amount paid" means the amount charged to the taxpayer's
34		service address in such municipality regardless of where such

1		amount is billed or paid.
2		"Department" means the Illinois Department of Revenue.
3		"Gross charge" means the amount paid for the act or
4		privilege of originating or receiving telecommunications in
5		such municipality and for all services and equipment provided
6		in connection therewith by a retailer, valued in money whether
7		paid in money or otherwise, including cash, credits, services
8		and property of every kind or nature, and shall be determined
9		without any deduction on account of the cost of such
10		telecommunications, the cost of the materials used, labor or
11		service costs or any other expense whatsoever. In case credit
12		is extended, the amount thereof shall be included only as and
13		when paid. "Gross charges" for private line service shall
14		include charges imposed at each channel termination point
15		within a municipality that has imposed a tax under this Section
16		and charges for the portion of the inter-office channels
17		provided within that municipality. Charges for that portion of
18		the inter-office channel connecting 2 or more channel
19		termination points, one or more of which is located within the
20		jurisdictional boundary of such municipality, shall be
21		determined by the retailer by multiplying an amount equal to
22		the total charge for the inter-office channel by a fraction,
23		the numerator of which is the number of channel termination
24		points that are located within the jurisdictional boundary of
25		the municipality and the denominator of which is the total
26		number of channel termination points connected by the
27		inter-office channel. Prior to January 1, 2004, any method
28		consistent with this paragraph or other method that reasonably
29		apportions the total charges for inter-office channels among
30		the municipalities in which channel termination points are
31		located shall be accepted as a reasonable method to determine
32		the taxable portion of an inter-office channel provided within
33		a municipality for that period. However, "gross charge" shall
34		not include any of the following:
35		(1) Any amounts added to a purchaser's bill because of
36		a charge made pursuant to: (i) the tax imposed by this Act,

1		(ii) the tax imposed by the Telecommunications Excise Tax
2		Act, (iii) the tax imposed by Section 4251 of the Internal
3		Revenue Code, (iv) 911 surcharges, or (v) charges added to
4		customers' bills pursuant to the provisions of Section
5		9-221 or 9-222 of the Public Utilities Act, as amended, or
6		any similar charges added to customers' bills by retailers
7		who are not subject to rate regulation by the Illinois
8		Commerce Commission for the purpose of recovering any of
9		the tax liabilities or other amounts specified in those
10		provisions of the Public Utilities Act.
11		(2) Charges for a sent collect telecommunication
12		received outside of such municipality.
13		(3) Charges for leased time on equipment or charges for
14		the storage of data or information for subsequent retrieval
15		or the processing of data or information intended to change
16		its form or content. Such equipment includes, but is not
17		limited to, the use of calculators, computers, data
18		processing equipment, tabulating equipment or accounting
19		equipment and also includes the usage of computers under a
20		time-sharing agreement.
21		(4) Charges for customer equipment, including such
22		equipment that is leased or rented by the customer from any
23		source, wherein such charges are disaggregated and
24		separately identified from other charges.
25		(5) Charges to business enterprises certified as
26		exempt under Section 9-222.1 of the Public Utilities Act to
27		the extent of such exemption and during the period of time
28		specified by the Department of Commerce and Economic
29		Opportunity Community Affairs.
30		(6) Charges for telecommunications and all services
31		and equipment provided in connection therewith between a
32		parent corporation and its wholly owned subsidiaries or
33		between wholly owned subsidiaries when the tax imposed
34		under this Act has already been paid to a retailer and only
35		to the extent that the charges between the parent
36		corporation and wholly owned subsidiaries or between

1		wholly owned subsidiaries represent expense allocation
2		between the corporations and not the generation of profit
3		for the corporation rendering such service.
4		(7) Bad debts ("bad debt" means any portion of a debt
5		that is related to a sale at retail for which gross charges
6		are not otherwise deductible or excludable that has become
7		worthless or uncollectible, as determined under applicable
8		federal income tax standards; if the portion of the debt
9		deemed to be bad is subsequently paid, the retailer shall
10		report and pay the tax on that portion during the reporting
11		period in which the payment is made).
12		(8) Charges paid by inserting coins in coin-operated
13		telecommunication devices.
14		(9) Amounts paid by telecommunications retailers under
15		the Telecommunications Infrastructure Maintenance Fee Act.
16		(10) Charges for nontaxable services or
17		telecommunications if (i) those charges are aggregated
18		with other charges for telecommunications that are
19		taxable, (ii) those charges are not separately stated on
20		the customer bill or invoice, and (iii) the retailer can
21		reasonably identify the nontaxable charges on the
22		retailer's books and records kept in the regular course of
23		business. If the nontaxable charges cannot reasonably be
24		identified, the gross charge from the sale of both taxable
25		and nontaxable services or telecommunications billed on a
26		combined basis shall be attributed to the taxable services
27		or telecommunications. The burden of proving nontaxable
28		charges shall be on the retailer of the telecommunications.
29		"Interstate telecommunications" means all
30		telecommunications that either originate or terminate outside
31		this State.
32		"Intrastate telecommunications" means all
33		telecommunications that originate and terminate within this
34		State.
35		"Person" means any natural individual, firm, trust,
36		estate, partnership, association, joint stock company, joint

1		venture, corporation, limited liability company, or a
2		receiver, trustee, guardian, or other representative appointed
3		by order of any court, the Federal and State governments,
4		including State universities created by statute, or any city,
5		town, county, or other political subdivision of this State.
6		"Purchase at retail" means the acquisition, consumption or
7		use of telecommunications through a sale at retail.
8		"Retailer" means and includes every person engaged in the
9		business of making sales at retail as defined in this Section.
10		The Department may, in its discretion, upon application,
11		authorize the collection of the tax hereby imposed by any
12		retailer not maintaining a place of business within this State,
13		who, to the satisfaction of the Department, furnishes adequate
14		security to insure collection and payment of the tax. Such
15		retailer shall be issued, without charge, a permit to collect
16		such tax. When so authorized, it shall be the duty of such
17		retailer to collect the tax upon all of the gross charges for
18		telecommunications in this State in the same manner and subject
19		to the same requirements as a retailer maintaining a place of
20		business within this State. The permit may be revoked by the
21		Department at its discretion.
22		"Retailer maintaining a place of business in this State",
23		or any like term, means and includes any retailer having or
24		maintaining within this State, directly or by a subsidiary, an
25		office, distribution facilities, transmission facilities,
26		sales office, warehouse or other place of business, or any
27		agent or other representative operating within this State under
28		the authority of the retailer or its subsidiary, irrespective
29		of whether such place of business or agent or other
30		representative is located here permanently or temporarily, or
31		whether such retailer or subsidiary is licensed to do business
32		in this State.
33		"Sale at retail" means the transmitting, supplying or
34		furnishing of telecommunications and all services and
35		equipment provided in connection therewith for a
36		consideration, to persons other than the Federal and State

1		governments, and State universities created by statute and
2		other than between a parent corporation and its wholly owned
3		subsidiaries or between wholly owned subsidiaries for their use
4		or consumption and not for resale.
5		"Service address" means the location of telecommunications
6		equipment from which telecommunications services are
7		originated or at which telecommunications services are
8		received by a taxpayer. In the event this may not be a defined
9		location, as in the case of mobile phones, paging systems, and
10		maritime systems, service address means the customer's place of
11		primary use as defined in the Mobile Telecommunications
12		Sourcing Conformity Act. For air-to-ground systems and the
13		like, "service address" shall mean the location of a taxpayer's
14		primary use of the telecommunications equipment as defined by
15		telephone number, authorization code, or location in Illinois
16		where bills are sent.
17		"Taxpayer" means a person who individually or through his
18		or her agents, employees, or permittees engages in the act or
19		privilege of originating or receiving telecommunications in a
20		municipality and who incurs a tax liability as authorized by
21		this Act.
22		"Telecommunications", in addition to the meaning
23		ordinarily and popularly ascribed to it, includes, without
24		limitation, messages or information transmitted through use of
25		local, toll, and wide area telephone service, private line
26		services, channel services, telegraph services,
27		teletypewriter, computer exchange services, cellular mobile
28		telecommunications service, specialized mobile radio,
29		stationary two-way radio, paging service, or any other form of
30		mobile and portable one-way or two-way communications, or any
31		other transmission of messages or information by electronic or
32		similar means, between or among points by wire, cable, fiber
33		optics, laser, microwave, radio, satellite, or similar
34		facilities. As used in this Act, "private line" means a
35		dedicated non-traffic sensitive service for a single customer,
36		that entitles the customer to exclusive or priority use of a

1		communications channel or group of channels, from one or more
2		specified locations to one or more other specified locations.
3		The definition of "telecommunications" shall not include value
4		added services in which computer processing applications are
5		used to act on the form, content, code, and protocol of the
6		information for purposes other than transmission.
7		"Telecommunications" shall not include purchases of
8		telecommunications by a telecommunications service provider
9		for use as a component part of the service provided by such
10		provider to the ultimate retail consumer who originates or
11		terminates the taxable end-to-end communications. Carrier
12		access charges, right of access charges, charges for use of
13		inter-company facilities, and all telecommunications resold in
14		the subsequent provision of, used as a component of, or
15		integrated into, end-to-end telecommunications service shall
16		be non-taxable as sales for resale. Prepaid telephone calling
17		arrangements shall not be considered "telecommunications"
18		subject to the tax imposed under this Act. For purposes of this
19		Section, "prepaid telephone calling arrangements" means that
20		term as defined in Section 2-27 of the Retailers' Occupation
21		Tax Act.
22		(Source: P.A. 92-526, eff. 7-1-02; 92-878, eff. 1-1-04; 93-286,
23		eff. 1-1-04; revised 12-6-03.)

24		Section 530. The Electricity Excise Tax Law is amended by
25		changing Sections 2-3 and 2-4 as follows:
26		(35 ILCS 640/2-3)
27		Sec. 2-3. Definitions. As used in this Law, unless the
28		context clearly requires otherwise:
29		(a) "Department" means the Department of Revenue of the
30		State of Illinois.
31		(b) "Director" means the Director of the Department of
32		Revenue of the State of Illinois.
33		(c) "Person" means any natural individual, firm, trust,
34		estate, partnership, association, joint stock company, joint

1		venture, corporation, limited liability company, or a
2		receiver, trustee, guardian, or other representative appointed
3		by order of any court, or any city, town, village, county, or
4		other political subdivision of this State.
5		(d) "Purchase price" means the consideration paid for the
6		distribution, supply, furnishing, sale, transmission or
7		delivery of electricity to a person for non-residential use or
8		consumption (and for both residential and non-residential use
9		or consumption in the case of electricity purchased from a
10		municipal system or electric cooperative described in
11		subsection (b) of Section 2-4) and not for resale, and for all
12		services directly related to the production, transmission or
13		distribution of electricity distributed, supplied, furnished,
14		sold, transmitted or delivered for non-residential use or
15		consumption, and includes transition charges imposed in
16		accordance with Article XVI of the Public Utilities Act and
17		instrument funding charges imposed in accordance with Article
18		XVIII of the Public Utilities Act, as well as cash, services
19		and property of every kind or nature, and shall be determined
20		without any deduction on account of the cost of the service,
21		product or commodity supplied, the cost of materials used,
22		labor or service costs, or any other expense whatsoever.
23		However, "purchase price" shall not include consideration paid
24		for:
25		(i) any charge for a dishonored check;
26		(ii) any finance or credit charge, penalty or charge
27		for delayed payment, or discount for prompt payment;
28		(iii) any charge for reconnection of service or for
29		replacement or relocation of facilities;
30		(iv) any advance or contribution in aid of
31		construction;
32		(v) repair, inspection or servicing of equipment
33		located on customer premises;
34		(vi) leasing or rental of equipment, the leasing or
35		rental of which is not necessary to furnishing, supplying
36		or selling electricity;

1		(vii) any purchase by a purchaser if the supplier is
2		prohibited by federal or State constitution, treaty,
3		convention, statute or court decision from recovering the
4		related tax liability from such purchaser; and
5		(viii) any amounts added to purchasers' bills because
6		of charges made pursuant to the tax imposed by this Law.
7		In case credit is extended, the amount thereof shall be
8		included only as and when payments are made.
9		"Purchase price" shall not include consideration received
10		from business enterprises certified under Section 9-222.1 or
11		9-222.1A of the Public Utilities Act, as amended, to the extent
12		of such exemption and during the period of time specified by
13		the Department of Commerce and Economic Opportunity Community
14		Affairs.
15		(e) "Purchaser" means any person who acquires electricity
16		for use or consumption and not for resale, for a valuable
17		consideration.
18		(f) "Non-residential electric use" means any use or
19		consumption of electricity which is not residential electric
20		use.
21		(g) "Residential electric use" means electricity used or
22		consumed at a dwelling of 2 or fewer units, or electricity for
23		household purposes used or consumed at a building with multiple
24		dwelling units where the electricity is registered by a
25		separate meter for each dwelling unit.
26		(h) "Self-assessing purchaser" means a purchaser for
27		non-residential electric use who elects to register with and to
28		pay tax directly to the Department in accordance with Sections
29		2-10 and 2-11 of this Law.
30		(i) "Delivering supplier" means any person engaged in the
31		business of delivering electricity to persons for use or
32		consumption and not for resale, but not an entity engaged in
33		the practice of resale and redistribution of electricity within
34		a building prior to January 2, 1957, and who, in any case where
35		more than one person participates in the delivery of
36		electricity to a specific purchaser, is the last of the

1		suppliers engaged in delivering the electricity prior to its
2		receipt by the purchaser.
3		(j) "Delivering supplier maintaining a place of business in
4		this State", or any like term, means any delivering supplier
5		having or maintaining within this State, directly or by a
6		subsidiary, an office, generation facility, transmission
7		facility, distribution facility, sales office or other place of
8		business, or any employee, agent or other representative
9		operating within this State under the authority of such
10		delivering supplier or such delivering supplier's subsidiary,
11		irrespective of whether such place of business or agent or
12		other representative is located in this State permanently or
13		temporarily, or whether such delivering supplier or such
14		delivering supplier's subsidiary is licensed to do business in
15		this State.
16		(k) "Use" means the exercise by any person of any right or
17		power over electricity incident to the ownership of that
18		electricity, except that it does not include the generation,
19		production, transmission, distribution, delivery or sale of
20		electricity in the regular course of business or the use of
21		electricity for such purposes.
22		(Source: P.A. 91-914, eff. 7-7-00; 92-310, eff. 8-9-01; revised
23		12-6-03.)
24		(35 ILCS 640/2-4)
25		Sec. 2-4. Tax imposed.
26		(a) Except as provided in subsection (b), a tax is imposed
27		on the privilege of using in this State electricity purchased
28		for use or consumption and not for resale, other than by
29		municipal corporations owning and operating a local
30		transportation system for public service, at the following
31		rates per kilowatt-hour delivered to the purchaser:
32		(i) For the first 2000 kilowatt-hours used or consumed
33		in a month: 0.330 cents per kilowatt-hour;
34		(ii) For the next 48,000 kilowatt-hours used or
35		consumed in a month: 0.319 cents per kilowatt-hour;

1		(iii) For the next 50,000 kilowatt-hours used or
2		consumed in a month: 0.303 cents per kilowatt-hour;
3		(iv) For the next 400,000 kilowatt-hours used or
4		consumed in a month: 0.297 cents per kilowatt-hour;
5		(v) For the next 500,000 kilowatt-hours used or
6		consumed in a month: 0.286 cents per kilowatt-hour;
7		(vi) For the next 2,000,000 kilowatt-hours used or
8		consumed in a month: 0.270 cents per kilowatt-hour;
9		(vii) For the next 2,000,000 kilowatt-hours used or
10		consumed in a month: 0.254 cents per kilowatt-hour;
11		(viii) For the next 5,000,000 kilowatt-hours used or
12		consumed in a month: 0.233 cents per kilowatt-hour;
13		(ix) For the next 10,000,000 kilowatt-hours used or
14		consumed in a month: 0.207 cents per kilowatt-hour;
15		(x) For all electricity in excess of 20,000,000
16		kilowatt-hours used or consumed in a month: 0.202 cents per
17		kilowatt-hour.
18		Provided, that in lieu of the foregoing rates, the tax is
19		imposed on a self-assessing purchaser at the rate of 5.1% of
20		the self-assessing purchaser's purchase price for all
21		electricity distributed, supplied, furnished, sold,
22		transmitted and delivered to the self-assessing purchaser in a
23		month.
24		(b) A tax is imposed on the privilege of using in this
25		State electricity purchased from a municipal system or electric
26		cooperative, as defined in Article XVII of the Public Utilities
27		Act, which has not made an election as permitted by either
28		Section 17-200 or Section 17-300 of such Act, at the lesser of
29		0.32 cents per kilowatt hour of all electricity distributed,
30		supplied, furnished, sold, transmitted, and delivered by such
31		municipal system or electric cooperative to the purchaser or 5%
32		of each such purchaser's purchase price for all electricity
33		distributed, supplied, furnished, sold, transmitted, and
34		delivered by such municipal system or electric cooperative to
35		the purchaser, whichever is the lower rate as applied to each
36		purchaser in each billing period.

1		(c) The tax imposed by this Section 2-4 is not imposed with
2		respect to any use of electricity by business enterprises
3		certified under Section 9-222.1 or 9-222.1A of the Public
4		Utilities Act, as amended, to the extent of such exemption and
5		during the time specified by the Department of Commerce and
6		Economic Opportunity Community Affairs; or with respect to any
7		transaction in interstate commerce, or otherwise, to the extent
8		to which such transaction may not, under the Constitution and
9		statutes of the United States, be made the subject of taxation
10		by this State.
11		(Source: P.A. 90-561, eff. 8-1-98; 91-914, eff. 7-7-00; revised
12		12-6-03.)

13		Section 535. The Illinois Pension Code is amended by
14		changing Sections 1-103.3, 14-108.4, and 14-134 as follows:
15		(40 ILCS 5/1-103.3)
16		Sec. 1-103.3. Application of 1994 amendment; funding
17		standard.
18		(a) The provisions of this amendatory Act of 1994 that
19		change the method of calculating, certifying, and paying the
20		required State contributions to the retirement systems
21		established under Articles 2, 14, 15, 16, and 18 shall first
22		apply to the State contributions required for State fiscal year
23		1996.
24		(b) The General Assembly declares that a funding ratio (the
25		ratio of a retirement system's total assets to its total
26		actuarial liabilities) of 90% is an appropriate goal for
27		State-funded retirement systems in Illinois, and it finds that
28		a funding ratio of 90% is now the generally-recognized norm
29		throughout the nation for public employee retirement systems
30		that are considered to be financially secure and funded in an
31		appropriate and responsible manner.
32		(c) Every 5 years, beginning in 1999, the Illinois Economic
33		and Fiscal Commission, in consultation with the affected
34		retirement systems and the Governor's Office of Management and

1		Budget (formerly Bureau of the Budget), shall consider and
2		determine whether the 90% funding ratio adopted in subsection
3		(b) continues to represent an appropriate goal for State-funded
4		retirement systems in Illinois, and it shall report its
5		findings and recommendations on this subject to the Governor
6		and the General Assembly.
7		(Source: P.A. 88-593, eff. 8-22-94; revised 8-23-03.)
8		(40 ILCS 5/14-108.4) (from Ch. 108 1/2, par. 14-108.4)
9		Sec. 14-108.4. State police early retirement incentives.
10		(a) To be eligible for the benefits provided in this
11		Section, a person must:
12		(1) be a member of this System who, on any day during
13		October, 1992, is in active payroll status in a position of
14		employment with the Department of State Police for which
15		eligible creditable service is being earned under Section
16		14-110;
17		(2) have not previously retired under this Article;
18		(3) file a written application requesting the benefits
19		provided in this Section with the Director of State Police
20		and the Board on or before January 20, 1993;
21		(4) establish eligibility to receive a retirement
22		annuity under Section 14-110 by January 31, 1993 (for which
23		purpose any age enhancement or creditable service received
24		under this Section may be used) and elect to receive the
25		retirement annuity beginning not earlier than January 1,
26		1993 and not later than February 1, 1993, except that with
27		the written permission of the Director of State Police, the
28		effective date of the retirement annuity may be postponed
29		to no later than July 1, 1993.
30		(b) An eligible person may establish up to 5 years of
31		creditable service under this Article, in increments of one
32		month, by making the contributions specified in subsection (c).
33		In addition, for each month of creditable service established
34		under this Section, a person's age at retirement shall be
35		deemed to be one month older than it actually is.

1		The creditable service established under this Section
2		shall be deemed eligible creditable service as defined in
3		Section 14-110, and may be used for all purposes under this
4		Article and the Retirement Systems Reciprocal Act, except for
5		the computation of final average compensation under Section
6		14-103.12, or the determination of compensation under this or
7		any other Article of this Code.
8		The age enhancement established under this Section may be
9		used for all purposes under this Article (including calculation
10		of a proportionate annuity payable by this System under the
11		Retirement Systems Reciprocal Act), except for purposes of the
12		level income option in Section 14-112, the reversionary annuity
13		under Section 14-113, and the required distributions under
14		Section 14-121.1. However, age enhancement established under
15		this Section shall not be used in determining benefits payable
16		under other Articles of this Code under the Retirement Systems
17		Reciprocal Act.
18		(c) For all creditable service established under this
19		Section, a person must pay to the System an employee
20		contribution to be determined by the System, based on the
21		member's final rate of compensation and one-half of the total
22		retirement contribution rate in effect for the member under
23		subdivision (a)(3) of Section 14-133 on the date of withdrawal.
24		If the member receives a lump sum payment for accumulated
25		vacation, sick leave and personal leave upon withdrawal from
26		service, and the net amount of that lump sum payment is at
27		least as great as the amount of the contribution required under
28		this Section, the entire contribution (or so much of it as does
29		not exceed the contribution limitations of Section 415 of the
30		Internal Revenue Code of 1986) must be paid by the employee
31		before the retirement annuity may become payable. If there is
32		no such lump sum payment, or if it is less than the
33		contribution required under this Section, the member may either
34		pay the entire contribution before the retirement annuity
35		becomes payable, or may instead make an initial payment before
36		the retirement annuity becomes payable, equal to the net amount

1		of the lump sum payment for accumulated vacation, sick leave
2		and personal leave (or so much of it as does not exceed the
3		contribution limitations of Section 415 of the Internal Revenue
4		Code of 1986), and have the remaining amount due deducted from
5		the retirement annuity in 24 equal monthly installments
6		beginning in the month in which the retirement annuity takes
7		effect.
8		However, if the net amount of the lump sum payment for
9		accumulated vacation, sick leave and personal leave equals or
10		exceeds the contribution required under this Section, but the
11		required contribution exceeds an applicable contribution
12		limitation contained in Section 415 of the Internal Revenue
13		Code of 1986, then the amount of the contribution in excess of
14		the Section 415 limitation shall instead be paid by the
15		annuitant in January of 1994. If this additional amount is not
16		paid as required, the retirement annuity shall be suspended
17		until the required contribution is received.
18		(d) Notwithstanding Section 14-111, an annuitant who has
19		received any age enhancement or creditable service under this
20		Section and who reenters service under this Article other than
21		as a temporary employee shall thereby forfeit such age
22		enhancement and creditable service, and become entitled to a
23		refund of the contributions made pursuant to this Section.
24		(e) The Board shall determine the unfunded accrued
25		liability created by the granting of early retirement benefits
26		to State policemen under this Section, and shall certify the
27		amount of that liability to the Department of State Police, the
28		State Comptroller, the State Treasurer, and the Bureau of the
29		Budget (now Governor's Office of Management and Budget) by June
30		1, 1993, or as soon thereafter as is practical. In addition to
31		any other payments to the System required under this Code, the
32		Department of State Police shall pay to the System the amount
33		of that unfunded accrued liability, out of funds appropriated
34		to the Department for that purpose, over a period of 7 years at
35		the rate of 14.3% of the certified amount per year, plus
36		interest on the unpaid balance at the actuarial rate as

1		calculated and certified annually by the Board. Beginning in
2		State fiscal year 1996, the liability created under this
3		subsection (e) shall be included in the calculation of the
4		required State contribution under Section 14-131 and no
5		additional payments need be made under this subsection.
6		(Source: P.A. 87-1265; 88-593, eff. 8-22-94; revised 8-23-03.)
7		(40 ILCS 5/14-134) (from Ch. 108 1/2, par. 14-134)
8		Sec. 14-134. Board created. The retirement system created
9		by this Article shall be a trust, separate and distinct from
10		all other entities. The responsibility for the operation of the
11		system and for making effective this Article is vested in a
12		board of trustees.
13		The board shall consist of 7 trustees, as follows:
14		(a) the Director of the Governor's Office of Management and
15		Budget Bureau of the Budget; (b) the Comptroller; (c) one
16		trustee, not a State employee, who shall be Chairman, to be
17		appointed by the Governor for a 5 year term; (d) two members of
18		the system, one of whom shall be an annuitant age 60 or over,
19		having at least 8 years of creditable service, to be appointed
20		by the Governor for terms of 5 years; (e) one member of the
21		system having at least 8 years of creditable service, to be
22		elected from the contributing membership of the system by the
23		contributing members as provided in Section 14-134.1; (f) one
24		annuitant of the system who has been an annuitant for at least
25		one full year, to be elected from and by the annuitants of the
26		system, as provided in Section 14-134.1. The Director of the
27		Governor's Office of Management and Budget Bureau of the Budget
28		and the Comptroller shall be ex-officio members and shall serve
29		as trustees during their respective terms of office, except
30		that each of them may designate another officer or employee
31		from the same agency to serve in his or her place. However, no
32		ex-officio member may designate a different proxy within one
33		year after designating a proxy unless the person last so
34		designated has become ineligible to serve in that capacity.
35		Except for the elected trustees, any vacancy in the office of

1		trustee shall be filled in the same manner as the office was
2		filled previously.
3		A trustee shall serve until a successor qualifies, except
4		that a trustee who is a member of the system shall be
5		disqualified as a trustee immediately upon terminating service
6		with the State.
7		Each trustee is entitled to one vote on the board, and 4
8		trustees shall constitute a quorum for the transaction of
9		business. The affirmative votes of a majority of the trustees
10		present, but at least 3 trustees, shall be necessary for action
11		by the board at any meeting. The board's action of July 22,
12		1986, by which it amended the bylaws of the system to increase
13		the number of affirmative votes required for board action from
14		3 to 4 (in response to Public Act 84-1028, which increased the
15		number of trustees from 5 to 7), and the board's rejection,
16		between that date and the effective date of this amendatory Act
17		of 1993, of proposed actions not receiving at least 4
18		affirmative votes, are hereby validated.
19		The trustees shall serve without compensation, but shall be
20		reimbursed from the funds of the system for all necessary
21		expenses incurred through service on the board.
22		Each trustee shall take an oath of office that he or she
23		will diligently and honestly administer the affairs of the
24		system, and will not knowingly violate or willfully permit the
25		violation of any of the provisions of law applicable to the
26		system. The oath shall be subscribed to by the trustee making
27		it, certified by the officer before whom it is taken, and filed
28		with the Secretary of State. A trustee shall qualify for
29		membership on the board when the oath has been approved by the
30		board.
31		(Source: P.A. 87-1265; revised 8-23-03.)

32		Section 540. The Regional Planning Commission Act is
33		amended by changing Section 1 as follows:
34		(50 ILCS 15/1) (from Ch. 85, par. 1021)

1		Sec. 1. Governing bodies of counties, cities, or other
2		local governmental units, when authorized by the Department of
3		Commerce and Economic Opportunity Community Affairs, may
4		cooperate with the governing bodies of the counties and cities
5		or other governing bodies of any adjoining state or states in
6		the creation of a joint planning commission where such
7		cooperation has been authorized by law by the adjoining state
8		or states. Such a joint planning commission may be designated
9		to be a regional or metropolitan planning commission and shall
10		have powers, duties and functions as authorized by "An Act to
11		provide for regional planning and for the creation,
12		organization and powers of regional planning commissions",
13		approved June 25, 1929, as heretofore or hereafter amended,
14		and, as agreed among the governing bodies. Such a planning
15		commission shall be a legal entity for all purposes.
16		(Source: P.A. 81-1509; revised 12-6-03.)

17		Section 545. The Local Government Financial Planning and
18		Supervision Act is amended by changing Sections 5 and 12 as
19		follows:
20		(50 ILCS 320/5) (from Ch. 85, par. 7205)
21		Sec. 5. Establishment of commission.
22		(a) This subsection (a) applies through December 31, 1992.
23		(1) Upon receipt of a petition for establishment of a
24		financial planning and supervision commission, the
25		Governor may direct the establishment of such a commission
26		if the Governor determines that a fiscal emergency exists.
27		(2) Prior to making such determination, the Governor
28		shall give reasonable notice and opportunity for a hearing
29		to all creditors of the petitioning unit of local
30		government who are subject to the stay provisions of
31		Section 7 of this Act. The determination shall be entered
32		not less than 60 days after the filing of the petition. A
33		determination of fiscal emergency by the Governor shall be
34		a final administrative decision subject to the provisions

1		of the Administrative Review Law. The court on such review
2		may grant exceptions to the stay provisions of Section 7 of
3		this Act as adequate protection of creditors' interests or
4		equity may require. The commission shall convene within 30
5		days of the entry by the Governor of his or her
6		determination of the fiscal emergency.
7		(3) (A) The Commission shall consist of 7 Directors.
8		(B) One Director shall be appointed by the chief
9		executive officer of the unit of local government.
10		(C) One Director shall be appointed by the majority
11		vote of the governing body of the unit of local
12		government.
13		(D) Five Directors shall be appointed by the
14		Governor, with the advice and consent of the Senate.
15		The Governor shall select one of the Directors to serve
16		as Chairperson during the term of his or her
17		appointment. Of the initial Directors so appointed, 3
18		shall be appointed to serve for terms expiring 3 years
19		from the date of their appointment, and 2 shall be
20		appointed to serve for terms expiring 2 years from the
21		date of their appointment. Thereafter, each Director
22		appointed by the Governor shall be appointed to hold
23		office for a term of 3 years and until his or her
24		successor has been appointed as provided in Section
25		8-12-7 of the Illinois Municipal Code. Directors shall
26		be eligible for reappointment. Any vacancy which shall
27		arise shall be filled by appointment by the Governor,
28		with the advice and consent of the Senate, for the
29		unexpired term and until a successor Director has been
30		appointed as provided in Section 8-12-7 of the Illinois
31		Municipal Code. A vacancy shall occur upon
32		resignation, death, conviction of a felony, or removal
33		from office of a Director. A Director may be removed
34		for incompetency, malfeasance, or neglect of duty at
35		the instance of the Governor. If the Senate is not in
36		session or is in recess when appointments subject to

1		its confirmation are made, the Governor shall make
2		temporary appointments which shall be subject to
3		subsequent Senate approval.
4		(b) This subsection (b) applies on and after January 1,
5		1993.
6		(1) Upon receipt of a petition for establishment of a
7		financial planning and supervision commission, the
8		Governor may direct the establishment of such a commission
9		if the Governor determines that a fiscal emergency exists.
10		(2) Prior to making such determination, the Governor
11		shall give reasonable notice and opportunity for a hearing
12		to all creditors of the petitioning unit of local
13		government. The determination shall be entered not less
14		than 60 days after the filing of the petition. A
15		determination of fiscal emergency by the Governor shall be
16		a final administrative decision subject to the provisions
17		of the Administrative Review Law. The court on such review
18		may grant exceptions to the stay provisions of Section 7 of
19		this Act as adequate protection of creditors' interests or
20		equity may require. The commission shall convene within 30
21		days of the entry by the Governor of his or her
22		determination of the fiscal emergency.
23		(3) A commission shall consist of 11 members:
24		(A) Eight members as follows: the Governor, the
25		State Comptroller, the Director of Revenue, the
26		Director of the Governor's Office of Management and
27		Budget Bureau of the Budget, the State Treasurer, the
28		Executive Director of the Illinois Finance Authority,
29		the Director of the Department of Commerce and Economic
30		Opportunity Community Affairs and the presiding
31		officer of the governing body of the unit of local
32		government, or their respective designees. A designee,
33		when present, shall be counted in determining whether a
34		quorum is present at any meeting of the commission and
35		may vote and participate in all proceedings and actions
36		of the commission. The designations shall be in

1		writing, executed by the member making the
2		designation, and filed with the secretary of the
3		commission. The designations may be changed from time
4		to time in like manner, but due regard shall be given
5		to the need for continuity. The Governor shall appoint
6		a chairman of the commission from among the 8 members
7		described in this subparagraph (A).
8		(B) Three members nominated and appointed as
9		follows: the governing body and chief governing
10		officer of the unit of local government shall submit in
11		writing to the chairman of the commission the
12		nomination of 5 persons agreed to by them and meeting
13		the qualifications set forth in this Act. Nominations
14		shall accompany the petition for establishment of the
15		financial planning and supervision commission. If the
16		chairman is not satisfied that at least 3 of the
17		nominees are well qualified, he shall notify the
18		governing body of the unit of local government to
19		submit in writing, within 5 days, additional nominees,
20		not exceeding 3. The chairman shall appoint 3 members
21		from all the nominees so submitted or a lesser number
22		that he considers well qualified. Each of the 3
23		appointed members shall serve for a term of one year,
24		subject to removal by the chairman for misfeasance,
25		nonfeasance or malfeasance in office. Upon the
26		expiration of the term of an appointed member, or in
27		the event of the death, resignation, incapacity or
28		removal, or other ineligibility to serve of an
29		appointed member, the chairman shall appoint a
30		successor pursuant to the process of original
31		appointment.
32		Each of the 3 appointed members shall be an
33		individual:
34		(i) Who has knowledge and experience in
35		financial matters, financial management, or
36		business organization or operations, including

1		experience in the private sector in management of
2		business or financial enterprise, or in management
3		consulting, public accounting, or other
4		professional activity; and
5		(ii) Who has not at any time during the 2 years
6		preceding the date of appointment held any elected
7		public office.
8		The governing body and chief governing officer of the
9		unit of local government, to the extent possible, shall
10		nominate members whose residency, office, or principal
11		place of professional or business activity is situated
12		within the unit of local government.
13		An appointed member of the commission shall not
14		become a candidate for elected public office while
15		serving as a member of the commission.
16		(4) Immediately after his appointment of the initial 3
17		appointed members of the commission, the chairman shall
18		call the first meeting of the commission and shall cause
19		written notice of the time, date and place of the first
20		meeting to be given to each member of the commission at
21		least 48 hours in advance of the meeting.
22		(5) The commission members shall select one of their
23		number to serve as treasurer of the commission.
24		(Source: P.A. 93-205, eff. 1-1-04; revised 8-23-03.)
25		(50 ILCS 320/12) (from Ch. 85, par. 7212)
26		Sec. 12. Expenses incurred by commission. Any expense or
27		obligation incurred by the financial planning and supervision
28		commission under this Act shall be payable solely from
29		appropriations made for that purpose by the General Assembly.
30		The commission is authorized to maintain monies
31		appropriated for its use in a local account for such purposes
32		to be held outside the State Treasury. Disbursements from this
33		account shall require the approval and signatures of the
34		chairman of the commission and the treasurer of the commission.
35		The commission shall be authorized to request the State

1		Comptroller and State Treasurer to issue State warrants against
2		appropriations made for its use, in anticipation of commission
3		expenses, for deposit into the local account.
4		The compensation and expenses of a financial advisor
5		retained by the commission shall be paid from monies
6		appropriated to the Department of Commerce and Economic
7		Opportunity Community Affairs for that purpose. Those
8		appropriations shall only be committed, obligated, and
9		expended by the Department of Commerce and Economic Opportunity
10		Community Affairs as the result of an order signed by the
11		chairman of the commission identifying the selected "financial
12		advisor" pursuant to subsection (c) of Section 6 of this Act
13		and stating the maximum compensation awarded to the financial
14		advisor under the contract. A copy of the order shall be filed
15		with the State Comptroller prior to any disbursement of funds.
16		(Source: P.A. 86-1211; revised 12-6-03.)

17		Section 550. The Illinois Municipal Budget Law is amended
18		by changing Section 2 as follows:
19		(50 ILCS 330/2) (from Ch. 85, par. 802)
20		Sec. 2. The following terms, unless the context otherwise
21		indicates, have the following meaning:
22		(1) "Municipality" means and includes all municipal
23		corporations and political subdivisions of this State, or any
24		such unit or body hereafter created by authority of law, except
25		the following: (a) The State of Illinois; (b) counties; (c)
26		cities, villages and incorporated towns; (d) sanitary
27		districts created under "An Act to create sanitary districts
28		and to remove obstructions in the Des Plaines and Illinois
29		Rivers", approved May 29, 1889, as amended; (e) forest preserve
30		districts having a population of 500,000 or more, created under
31		"An Act to provide for the creation and management of forest
32		preserve districts and repealing certain Acts therein named",
33		approved June 27, 1913, as amended; (f) school districts; (g)
34		the Chicago Park District created under "An Act in relation to

1		the creation, maintenance, operation and improvement of the
2		Chicago Park District", approved, June 10, 1933, as amended;
3		(h) park districts created under "The Park District Code",
4		approved July 8, 1947, as amended; (i) the Regional
5		Transportation Authority created under the "Regional
6		Transportation Authority Act", enacted by the 78th General
7		Assembly; and (j) the Illinois Sports Facilities Authority.
8		(2) "Governing body" means the corporate authorities,
9		body, or other officer of the municipality authorized by law to
10		raise revenue, appropriate funds, or levy taxes for the
11		operation and maintenance thereof.
12		(3) "Department" means the Department of Commerce and
13		Economic Opportunity Community Affairs.
14		(Source: P.A. 85-1034; revised 12-6-03.)

15		Section 555. The Emergency Telephone System Act is amended
16		by changing Section 13 as follows:
17		(50 ILCS 750/13) (from Ch. 134, par. 43)
18		Sec. 13. On or before February 16, 1979, and again on or
19		before February 16, 1981, the Commission shall report to the
20		General Assembly the progress in the implementation of systems
21		required by this Act. Such reports shall contain his
22		recommendations for additional legislation.
23		In December of 1979 and in December of 1980 the Commission,
24		with the advice and assistance of the Attorney General, shall
25		submit recommendations to the Bureau of the Budget (now
26		Governor's Office of Management and Budget) and to the Governor
27		specifying amounts necessary to further implement the
28		organization of telephone systems specified in this Act during
29		the succeeding fiscal year. The report specified in this
30		paragraph shall contain, in addition, an estimate of the fiscal
31		impact to local public agencies which will be caused by
32		implementation of this Act.
33		By March 1 in 1979 and every even-numbered year thereafter,
34		each telephone company shall file a report with the Commission

1		and the General Assembly specifying, in such detail as the
2		Commission has by rule or regulation required, the extent to
3		which it has implemented a planned emergency telephone system
4		and its projected further implementation of such a system.
5		The requirement for reporting to the General Assembly shall
6		be satisfied by filing copies of the report with the Speaker,
7		the Minority Leader and the Clerk of the House of
8		Representatives and the President, the Minority Leader and the
9		Secretary of the Senate and the Legislative Research Unit, as
10		required by Section 3.1 of "An Act to revise the law in
11		relation to the General Assembly", approved February 25, 1874,
12		as amended, and filing such additional copies with the State
13		Government Report Distribution Center for the General Assembly
14		as is required under paragraph (t) of Section 7 of the State
15		Library Act.
16		(Source: P.A. 84-1438; revised 8-23-03.)

17		Section 560. The Local Land Resource Management Planning
18		Act is amended by changing Sections 3 and 8 as follows:
19		(50 ILCS 805/3) (from Ch. 85, par. 5803)
20		Sec. 3. Definitions. As used in this Act, the following
21		words and phrases have the following meanings:
22		A. "Department" means the Department of Commerce and
23		Economic Opportunity Community Affairs.
24		B. "Local Land Resource Management Plan" means a map of
25		existing and generalized proposed land use and a policy
26		statement in the form of words, numbers, illustrations, or
27		other symbols of communication adopted by the municipal and
28		county governing bodies. The Local Land Resource Management
29		Plan may interrelate functional, visual and natural systems and
30		activities relating to the use of land. It shall include but
31		not be limited to sewer and water systems, energy distribution
32		systems, recreational facilities, public safety facilities and
33		their relationship to natural resources, air, water and land
34		quality management or conservation programs within its

1		jurisdiction. Such a plan shall be deemed to be "joint or
2		compatible" when so declared by joint resolution of the
3		affected municipality and county, or when separate plans have
4		been referred to the affected municipality or county for review
5		and suggestions, and such suggestions have been duly considered
6		by the adopting jurisdiction and a reasonable basis for
7		provisions of a plan that are contrary to the suggestions is
8		stated in a resolution of the adopting jurisdiction.
9		C. "Land" means the earth, water and air, above, below or
10		on the surface, and including any improvements or structures
11		customarily regarded as land.
12		D. "Municipality" means any city, village or incorporated
13		town.
14		E. "Unit of local government" means any county,
15		municipality, township or special district which exercises
16		limited governmental functions or provides services in respect
17		to limited governmental subjects.
18		(Source: P.A. 84-865; revised 12-6-03.)
19		(50 ILCS 805/8) (from Ch. 85, par. 5808)
20		Sec. 8. Planning Grants. (a) The Department of Commerce and
21		Economic Opportunity Community Affairs may make annual grants
22		to counties and municipalities to develop, update, administer
23		and implement Local Land Resource Management Plans, as defined
24		in this Act.
25		(b) A recipient local government may receive an initial
26		grant to develop a plan after filing a resolution of intent to
27		develop a plan. The plan shall be completed within 18 months of
28		the receipt of the grant.
29		(c) The amount of the initial grant and the annual grant to
30		be received by the recipient shall be based on the most recent
31		updated U. S. Census at a rate of one dollar per person, but
32		shall not be less than $20,000 and shall not exceed $100,000
33		per fiscal year.
34		(d) The Department of Commerce and Economic Opportunity
35		Community Affairs may promulgate such rules and regulations

1		establishing procedures for determining entitlement and
2		eligible uses of such grants as it deems necessary for the
3		purposes of this Act.
4		(Source: P.A. 84-865; revised 12-6-03.)

5		Section 565. The County Economic Development Project Area
6		Property Tax Allocation Act is amended by changing Section 3 as
7		follows:
8		(55 ILCS 85/3) (from Ch. 34, par. 7003)
9		Sec. 3. Definitions. In this Act, words or terms shall have
10		the following meanings unless the context usage clearly
11		indicates that another meaning is intended.
12		(a) "Department" means the Department of Commerce and
13		Economic Opportunity Community Affairs.
14		(b) "Economic development plan" means the written plan of a
15		county which sets forth an economic development program for an
16		economic development project area. Each economic development
17		plan shall include but not be limited to (1) estimated economic
18		development project costs, (2) the sources of funds to pay such
19		costs, (3) the nature and term of any obligations to be issued
20		by the county to pay such costs, (4) the most recent equalized
21		assessed valuation of the economic development project area,
22		(5) an estimate of the equalized assessed valuation of the
23		economic development project area after completion of the
24		economic development plan, (6) the estimated date of completion
25		of any economic development project proposed to be undertaken,
26		(7) a general description of any proposed developer, user, or
27		tenant of any property to be located or improved within the
28		economic development project area, (8) a description of the
29		type, structure and general character of the facilities to be
30		developed or improved in the economic development project area,
31		(9) a description of the general land uses to apply in the
32		economic development project area, (10) a description of the
33		type, class and number of employees to be employed in the
34		operation of the facilities to be developed or improved in the

1		economic development project area and (11) a commitment by the
2		county to fair employment practices and an affirmative action
3		plan with respect to any economic development program to be
4		undertaken by the county.
5		(c) "Economic development project" means any development
6		project in furtherance of the objectives of this Act.
7		(d) "Economic development project area" means any improved
8		or vacant area which is located within the corporate limits of
9		a county and which (1) is within the unincorporated area of
10		such county, or, with the consent of any affected municipality,
11		is located partially within the unincorporated area of such
12		county and partially within one or more municipalities, (2) is
13		contiguous, (3) is not less in the aggregate than 100 acres,
14		(4) is suitable for siting by any commercial, manufacturing,
15		industrial, research or transportation enterprise of
16		facilities to include but not be limited to commercial
17		businesses, offices, factories, mills, processing plants,
18		assembly plants, packing plants, fabricating plants,
19		industrial or commercial distribution centers, warehouses,
20		repair overhaul or service facilities, freight terminals,
21		research facilities, test facilities or transportation
22		facilities, whether or not such area has been used at any time
23		for such facilities and whether or not the area has been used
24		or is suitable for such facilities and whether or not the area
25		has been used or is suitable for other uses, including
26		commercial agricultural purposes, and (5) which has been
27		certified by the Department pursuant to this Act.
28		(e) "Economic development project costs" means and
29		includes the sum total of all reasonable or necessary costs
30		incurred by a county incidental to an economic development
31		project, including, without limitation, the following:
32		(1) Costs of studies, surveys, development of plans and
33		specifications, implementation and administration of an
34		economic development plan, personnel and professional
35		service costs for architectural, engineering, legal,
36		marketing, financial, planning, sheriff, fire, public

1		works or other services, provided that no charges for
2		professional services may be based on a percentage of
3		incremental tax revenue;
4		(2) Property assembly costs within an economic
5		development project area, including but not limited to
6		acquisition of land and other real or personal property or
7		rights or interests therein, and specifically including
8		payments to developers or other non-governmental persons
9		as reimbursement for property assembly costs incurred by
10		such developer or other non-governmental person;
11		(3) Site preparation costs, including but not limited
12		to clearance of any area within an economic development
13		project area by demolition or removal of any existing
14		buildings, structures, fixtures, utilities and
15		improvements and clearing and grading; and including
16		installation, repair, construction, reconstruction, or
17		relocation of public streets, public utilities, and other
18		public site improvements within or without an economic
19		development project area which are essential to the
20		preparation of the economic development project area for
21		use in accordance with an economic development plan; and
22		specifically including payments to developers or other
23		non-governmental persons as reimbursement for site
24		preparation costs incurred by such developer or
25		non-governmental person;
26		(4) Costs of renovation, rehabilitation,
27		reconstruction, relocation, repair or remodeling of any
28		existing buildings, improvements, and fixtures within an
29		economic development project area, and specifically
30		including payments to developers or other non-governmental
31		persons as reimbursement for such costs incurred by such
32		developer or non-governmental person;
33		(5) Costs of construction within an economic
34		development project area of public improvements, including
35		but not limited to, buildings, structures, works,
36		improvements, utilities or fixtures;

1		(6) Financing costs, including but not limited to all
2		necessary and incidental expenses related to the issuance
3		of obligations, payment of any interest on any obligations
4		issued hereunder which accrues during the estimated period
5		of construction of any economic development project for
6		which such obligations are issued and for not exceeding 36
7		months thereafter, and any reasonable reserves related to
8		the issuance of such obligations;
9		(7) All or a portion of a taxing district's capital
10		costs resulting from an economic development project
11		necessarily incurred or estimated to be incurred by a
12		taxing district in the furtherance of the objectives of an
13		economic development project, to the extent that the county
14		by written agreement accepts, approves and agrees to incur
15		or to reimburse such costs;
16		(8) Relocation costs to the extent that a county
17		determines that relocation costs shall be paid or is
18		required to make payment of relocation costs by federal or
19		State law;
20		(9) The estimated tax revenues from real property in an
21		economic development project area acquired by a county
22		which, according to the economic development plan, is to be
23		used for a private use and which any taxing district would
24		have received had the county not adopted property tax
25		allocation financing for an economic development project
26		area and which would result from such taxing district's
27		levies made after the time of the adoption by the county of
28		property tax allocation financing to the time the current
29		equalized assessed value of real property in the economic
30		development project area exceeds the total initial
31		equalized value of real property in that area;
32		(10) Costs of rebating ad valorem taxes paid by any
33		developer or other nongovernmental person in whose name the
34		general taxes were paid for the last preceding year on any
35		lot, block, tract or parcel of land in the economic
36		development project area, provided that:

1		(i) such economic development project area is
2		located in an enterprise zone created pursuant to the
3		Illinois Enterprise Zone Act;
4		(ii) such ad valorem taxes shall be rebated only in
5		such amounts and for such tax year or years as the
6		county and any one or more affected taxing districts
7		shall have agreed by prior written agreement;
8		(iii) any amount of rebate of taxes shall not
9		exceed the portion, if any, of taxes levied by the
10		county or such taxing district or districts which is
11		attributable to the increase in the current equalized
12		assessed valuation of each taxable lot, block, tract or
13		parcel of real property in the economic development
14		project area over and above the initial equalized
15		assessed value of each property existing at the time
16		property tax allocation financing was adopted for said
17		economic development project area; and
18		(iv) costs of rebating ad valorem taxes shall be
19		paid by a county solely from the special tax allocation
20		fund established pursuant to this Act and shall be paid
21		from the proceeds of any obligations issued by a
22		county.
23		(11) Costs of job training, advanced vocational
24		education or career education programs, including but not
25		limited to courses in occupational, semi-technical or
26		technical fields leading directly to employment, incurred
27		by one or more taxing districts, provided that such costs
28		are related to the establishment and maintenance of
29		additional job training, advanced vocational education or
30		career education programs for persons employed or to be
31		employed by employers located in an economic development
32		project area, and further provided, that when such costs
33		are incurred by a taxing district or taxing districts other
34		than the county, they shall be set forth in a written
35		agreement by or among the county and the taxing district or
36		taxing districts, which agreement describes the program to

1		be undertaken, including, but not limited to, the number of
2		employees to be trained, a description of the training and
3		services to be provided, the number and type of positions
4		available or to be available, itemized costs of the program
5		and sources of funds to pay the same, and the term of the
6		agreement. Such costs include, specifically, the payment
7		by community college districts of costs pursuant to Section
8		3-37, 3-38, 3-40 and 3-40.1 of the Public Community College
9		Act and by school districts of costs pursuant to Sections
10		10-22.20 and 10-23.3a of the School Code;
11		(12) Private financing costs incurred by developers or
12		other non-governmental persons in connection with an
13		economic development project, and specifically including
14		payments to developers or other non-governmental persons
15		as reimbursement for such costs incurred by such developer
16		or other non-governmental persons provided that:
17		(A) private financing costs shall be paid or
18		reimbursed by a county only pursuant to the prior
19		official action of the county evidencing an intent to
20		pay such private financing costs;
21		(B) except as provided in subparagraph (D) of this
22		Section, the aggregate amount of such costs paid or
23		reimbursed by a county in any one year shall not exceed
24		30% of such costs paid or incurred by such developer or
25		other non-governmental person in that year;
26		(C) private financing costs shall be paid or
27		reimbursed by a county solely from the special tax
28		allocation fund established pursuant to this Act and
29		shall not be paid or reimbursed from the proceeds of
30		any obligations issued by a county;
31		(D) if there are not sufficient funds available in
32		the special tax allocation fund in any year to make
33		such payment or reimbursement in full, any amount of
34		such private financing costs remaining to be paid or
35		reimbursed by a county shall accrue and be payable when
36		funds are available in the special tax allocation fund

1		to make such payment; and
2		(E) in connection with its approval and
3		certification of an economic development project
4		pursuant to Section 5 of this Act, the Department shall
5		review any agreement authorizing the payment or
6		reimbursement by a county of private financing costs in
7		its consideration of the impact on the revenues of the
8		county and the affected taxing districts of the use of
9		property tax allocation financing.
10		(f) "Obligations" means any instrument evidencing the
11		obligation of a county to pay money, including without
12		limitation, bonds, notes, installment or financing contracts,
13		certificates, tax anticipation warrants or notes, vouchers,
14		and any other evidence of indebtedness.
15		(g) "Taxing districts" means municipalities, townships,
16		counties, and school, road, park, sanitary, mosquito
17		abatement, forest preserve, public health, fire protection,
18		river conservancy, tuberculosis sanitarium and any other
19		county corporations or districts with the power to levy taxes
20		on real property.
21		(Source: P.A. 90-655, eff. 7-30-98; revised 12-6-03.)

22		Section 570. The Illinois Municipal Code is amended by
23		changing Sections 8-11-2, 11-31.1-14, 11-48.3-29, 11-74.4-6,
24		11-74.4-8a, and 11-74.6-10 as follows:
25		(65 ILCS 5/8-11-2) (from Ch. 24, par. 8-11-2)
26		Sec. 8-11-2. The corporate authorities of any municipality
27		may tax any or all of the following occupations or privileges:
28		1. (Blank).
29		2. Persons engaged in the business of distributing,
30		supplying, furnishing, or selling gas for use or
31		consumption within the corporate limits of a municipality
32		of 500,000 or fewer population, and not for resale, at a
33		rate not to exceed 5% of the gross receipts therefrom.
34		2a. Persons engaged in the business of distributing,

1		supplying, furnishing, or selling gas for use or
2		consumption within the corporate limits of a municipality
3		of over 500,000 population, and not for resale, at a rate
4		not to exceed 8% of the gross receipts therefrom. If
5		imposed, this tax shall be paid in monthly payments.
6		3. The privilege of using or consuming electricity
7		acquired in a purchase at retail and used or consumed
8		within the corporate limits of the municipality at rates
9		not to exceed the following maximum rates, calculated on a
10		monthly basis for each purchaser:
11		(i) For the first 2,000 kilowatt-hours used or consumed
12		in a month; 0.61 cents per kilowatt-hour;
13		(ii) For the next 48,000 kilowatt-hours used or
14		consumed in a month; 0.40 cents per kilowatt-hour;
15		(iii) For the next 50,000 kilowatt-hours used or
16		consumed in a month; 0.36 cents per kilowatt-hour;
17		(iv) For the next 400,000 kilowatt-hours used or
18		consumed in a month; 0.35 cents per kilowatt-hour;
19		(v) For the next 500,000 kilowatt-hours used or
20		consumed in a month; 0.34 cents per kilowatt-hour;
21		(vi) For the next 2,000,000 kilowatt-hours used or
22		consumed in a month; 0.32 cents per kilowatt-hour;
23		(vii) For the next 2,000,000 kilowatt-hours used or
24		consumed in a month; 0.315 cents per kilowatt-hour;
25		(viii) For the next 5,000,000 kilowatt-hours used or
26		consumed in a month; 0.31 cents per kilowatt-hour;
27		(ix) For the next 10,000,000 kilowatt-hours used or
28		consumed in a month; 0.305 cents per kilowatt-hour; and
29		(x) For all electricity used or consumed in excess of
30		20,000,000 kilowatt-hours in a month, 0.30 cents per
31		kilowatt-hour.
32		If a municipality imposes a tax at rates lower than
33		either the maximum rates specified in this Section or the
34		alternative maximum rates promulgated by the Illinois
35		Commerce Commission, as provided below, the tax rates shall
36		be imposed upon the kilowatt hour categories set forth

1		above with the same proportional relationship as that which
2		exists among such maximum rates. Notwithstanding the
3		foregoing, until December 31, 2008, no municipality shall
4		establish rates that are in excess of rates reasonably
5		calculated to produce revenues that equal the maximum total
6		revenues such municipality could have received under the
7		tax authorized by this subparagraph in the last full
8		calendar year prior to the effective date of Section 65 of
9		this amendatory Act of 1997; provided that this shall not
10		be a limitation on the amount of tax revenues actually
11		collected by such municipality.
12		Upon the request of the corporate authorities of a
13		municipality, the Illinois Commerce Commission shall,
14		within 90 days after receipt of such request, promulgate
15		alternative rates for each of these kilowatt-hour
16		categories that will reflect, as closely as reasonably
17		practical for that municipality, the distribution of the
18		tax among classes of purchasers as if the tax were based on
19		a uniform percentage of the purchase price of electricity.
20		A municipality that has adopted an ordinance imposing a tax
21		pursuant to subparagraph 3 as it existed prior to the
22		effective date of Section 65 of this amendatory Act of 1997
23		may, rather than imposing the tax permitted by this
24		amendatory Act of 1997, continue to impose the tax pursuant
25		to that ordinance with respect to gross receipts received
26		from residential customers through July 31, 1999, and with
27		respect to gross receipts from any non-residential
28		customer until the first bill issued to such customer for
29		delivery services in accordance with Section 16-104 of the
30		Public Utilities Act but in no case later than the last
31		bill issued to such customer before December 31, 2000. No
32		ordinance imposing the tax permitted by this amendatory Act
33		of 1997 shall be applicable to any non-residential customer
34		until the first bill issued to such customer for delivery
35		services in accordance with Section 16-104 of the Public
36		Utilities Act but in no case later than the last bill

1		issued to such non-residential customer before December
2		31, 2000.
3		4. Persons engaged in the business of distributing,
4		supplying, furnishing, or selling water for use or
5		consumption within the corporate limits of the
6		municipality, and not for resale, at a rate not to exceed
7		5% of the gross receipts therefrom.
8		None of the taxes authorized by this Section may be imposed
9		with respect to any transaction in interstate commerce or
10		otherwise to the extent to which the business or privilege may
11		not, under the constitution and statutes of the United States,
12		be made the subject of taxation by this State or any political
13		sub-division thereof; nor shall any persons engaged in the
14		business of distributing, supplying, furnishing, selling or
15		transmitting gas, water, or electricity, or using or consuming
16		electricity acquired in a purchase at retail, be subject to
17		taxation under the provisions of this Section for those
18		transactions that are or may become subject to taxation under
19		the provisions of the "Municipal Retailers' Occupation Tax Act"
20		authorized by Section 8-11-1; nor shall any tax authorized by
21		this Section be imposed upon any person engaged in a business
22		or on any privilege unless the tax is imposed in like manner
23		and at the same rate upon all persons engaged in businesses of
24		the same class in the municipality, whether privately or
25		municipally owned or operated, or exercising the same privilege
26		within the municipality.
27		Any of the taxes enumerated in this Section may be in
28		addition to the payment of money, or value of products or
29		services furnished to the municipality by the taxpayer as
30		compensation for the use of its streets, alleys, or other
31		public places, or installation and maintenance therein,
32		thereon or thereunder of poles, wires, pipes or other equipment
33		used in the operation of the taxpayer's business.
34		(a) If the corporate authorities of any home rule
35		municipality have adopted an ordinance that imposed a tax on
36		public utility customers, between July 1, 1971, and October 1,

1		1981, on the good faith belief that they were exercising
2		authority pursuant to Section 6 of Article VII of the 1970
3		Illinois Constitution, that action of the corporate
4		authorities shall be declared legal and valid, notwithstanding
5		a later decision of a judicial tribunal declaring the ordinance
6		invalid. No municipality shall be required to rebate, refund,
7		or issue credits for any taxes described in this paragraph, and
8		those taxes shall be deemed to have been levied and collected
9		in accordance with the Constitution and laws of this State.
10		(b) In any case in which (i) prior to October 19, 1979, the
11		corporate authorities of any municipality have adopted an
12		ordinance imposing a tax authorized by this Section (or by the
13		predecessor provision of the "Revised Cities and Villages Act")
14		and have explicitly or in practice interpreted gross receipts
15		to include either charges added to customers' bills pursuant to
16		the provision of paragraph (a) of Section 36 of the Public
17		Utilities Act or charges added to customers' bills by taxpayers
18		who are not subject to rate regulation by the Illinois Commerce
19		Commission for the purpose of recovering any of the tax
20		liabilities or other amounts specified in such paragraph (a) of
21		Section 36 of that Act, and (ii) on or after October 19, 1979,
22		a judicial tribunal has construed gross receipts to exclude all
23		or part of those charges, then neither those municipality nor
24		any taxpayer who paid the tax shall be required to rebate,
25		refund, or issue credits for any tax imposed or charge
26		collected from customers pursuant to the municipality's
27		interpretation prior to October 19, 1979. This paragraph
28		reflects a legislative finding that it would be contrary to the
29		public interest to require a municipality or its taxpayers to
30		refund taxes or charges attributable to the municipality's more
31		inclusive interpretation of gross receipts prior to October 19,
32		1979, and is not intended to prescribe or limit judicial
33		construction of this Section. The legislative finding set forth
34		in this subsection does not apply to taxes imposed after the
35		effective date of this amendatory Act of 1995.
36		(c) The tax authorized by subparagraph 3 shall be collected

1		from the purchaser by the person maintaining a place of
2		business in this State who delivers the electricity to the
3		purchaser. This tax shall constitute a debt of the purchaser to
4		the person who delivers the electricity to the purchaser and if
5		unpaid, is recoverable in the same manner as the original
6		charge for delivering the electricity. Any tax required to be
7		collected pursuant to an ordinance authorized by subparagraph 3
8		and any such tax collected by a person delivering electricity
9		shall constitute a debt owed to the municipality by such person
10		delivering the electricity, provided, that the person
11		delivering electricity shall be allowed credit for such tax
12		related to deliveries of electricity the charges for which are
13		written off as uncollectible, and provided further, that if
14		such charges are thereafter collected, the delivering supplier
15		shall be obligated to remit such tax. For purposes of this
16		subsection (c), any partial payment not specifically
17		identified by the purchaser shall be deemed to be for the
18		delivery of electricity. Persons delivering electricity shall
19		collect the tax from the purchaser by adding such tax to the
20		gross charge for delivering the electricity, in the manner
21		prescribed by the municipality. Persons delivering electricity
22		shall also be authorized to add to such gross charge an amount
23		equal to 3% of the tax to reimburse the person delivering
24		electricity for the expenses incurred in keeping records,
25		billing customers, preparing and filing returns, remitting the
26		tax and supplying data to the municipality upon request. If the
27		person delivering electricity fails to collect the tax from the
28		purchaser, then the purchaser shall be required to pay the tax
29		directly to the municipality in the manner prescribed by the
30		municipality. Persons delivering electricity who file returns
31		pursuant to this paragraph (c) shall, at the time of filing
32		such return, pay the municipality the amount of the tax
33		collected pursuant to subparagraph 3.
34		(d) For the purpose of the taxes enumerated in this
35		Section:
36		"Gross receipts" means the consideration received for

1		distributing, supplying, furnishing or selling gas for use or
2		consumption and not for resale, and the consideration received
3		for distributing, supplying, furnishing or selling water for
4		use or consumption and not for resale, and for all services
5		rendered in connection therewith valued in money, whether
6		received in money or otherwise, including cash, credit,
7		services and property of every kind and material and for all
8		services rendered therewith, and shall be determined without
9		any deduction on account of the cost of the service, product or
10		commodity supplied, the cost of materials used, labor or
11		service cost, or any other expenses whatsoever. "Gross
12		receipts" shall not include that portion of the consideration
13		received for distributing, supplying, furnishing, or selling
14		gas or water to business enterprises described in paragraph (e)
15		of this Section to the extent and during the period in which
16		the exemption authorized by paragraph (e) is in effect or for
17		school districts or units of local government described in
18		paragraph (f) during the period in which the exemption
19		authorized in paragraph (f) is in effect.
20		For utility bills issued on or after May 1, 1996, but
21		before May 1, 1997, and for receipts from those utility bills,
22		"gross receipts" does not include one-third of (i) amounts
23		added to customers' bills under Section 9-222 of the Public
24		Utilities Act, or (ii) amounts added to customers' bills by
25		taxpayers who are not subject to rate regulation by the
26		Illinois Commerce Commission for the purpose of recovering any
27		of the tax liabilities described in Section 9-222 of the Public
28		Utilities Act. For utility bills issued on or after May 1,
29		1997, but before May 1, 1998, and for receipts from those
30		utility bills, "gross receipts" does not include two-thirds of
31		(i) amounts added to customers' bills under Section 9-222 of
32		the Public Utilities Act, or (ii) amount added to customers'
33		bills by taxpayers who are not subject to rate regulation by
34		the Illinois Commerce Commission for the purpose of recovering
35		any of the tax liabilities described in Section 9-222 of the
36		Public Utilities Act. For utility bills issued on or after May

1		1, 1998, and for receipts from those utility bills, "gross
2		receipts" does not include (i) amounts added to customers'
3		bills under Section 9-222 of the Public Utilities Act, or (ii)
4		amounts added to customers' bills by taxpayers who are not
5		subject to rate regulation by the Illinois Commerce Commission
6		for the purpose of recovering any of the tax liabilities
7		described in Section 9-222 of the Public Utilities Act.
8		For purposes of this Section "gross receipts" shall not
9		include amounts added to customers' bills under Section 9-221
10		of the Public Utilities Act. This paragraph is not intended to
11		nor does it make any change in the meaning of "gross receipts"
12		for the purposes of this Section, but is intended to remove
13		possible ambiguities, thereby confirming the existing meaning
14		of "gross receipts" prior to the effective date of this
15		amendatory Act of 1995.
16		"Person" as used in this Section means any natural
17		individual, firm, trust, estate, partnership, association,
18		joint stock company, joint adventure, corporation, limited
19		liability company, municipal corporation, the State or any of
20		its political subdivisions, any State university created by
21		statute, or a receiver, trustee, guardian or other
22		representative appointed by order of any court.
23		"Person maintaining a place of business in this State"
24		shall mean any person having or maintaining within this State,
25		directly or by a subsidiary or other affiliate, an office,
26		generation facility, distribution facility, transmission
27		facility, sales office or other place of business, or any
28		employee, agent, or other representative operating within this
29		State under the authority of the person or its subsidiary or
30		other affiliate, irrespective of whether such place of business
31		or agent or other representative is located in this State
32		permanently or temporarily, or whether such person, subsidiary
33		or other affiliate is licensed or qualified to do business in
34		this State.
35		"Public utility" shall have the meaning ascribed to it in
36		Section 3-105 of the Public Utilities Act and shall include

1		alternative retail electric suppliers as defined in Section
2		16-102 of that Act.
3		"Purchase at retail" shall mean any acquisition of
4		electricity by a purchaser for purposes of use or consumption,
5		and not for resale, but shall not include the use of
6		electricity by a public utility directly in the generation,
7		production, transmission, delivery or sale of electricity.
8		"Purchaser" shall mean any person who uses or consumes,
9		within the corporate limits of the municipality, electricity
10		acquired in a purchase at retail.
11		(e) Any municipality that imposes taxes upon public
12		utilities or upon the privilege of using or consuming
13		electricity pursuant to this Section whose territory includes
14		any part of an enterprise zone or federally designated Foreign
15		Trade Zone or Sub-Zone may, by a majority vote of its corporate
16		authorities, exempt from those taxes for a period not exceeding
17		20 years any specified percentage of gross receipts of public
18		utilities received from, or electricity used or consumed by,
19		business enterprises that:
20		(1) either (i) make investments that cause the creation
21		of a minimum of 200 full-time equivalent jobs in Illinois,
22		(ii) make investments of at least $175,000,000 that cause
23		the creation of a minimum of 150 full-time equivalent jobs
24		in Illinois, or (iii) make investments that cause the
25		retention of a minimum of 1,000 full-time jobs in Illinois;
26		and
27		(2) are either (i) located in an Enterprise Zone
28		established pursuant to the Illinois Enterprise Zone Act or
29		(ii) Department of Commerce and Economic Opportunity
30		Community Affairs designated High Impact Businesses
31		located in a federally designated Foreign Trade Zone or
32		Sub-Zone; and
33		(3) are certified by the Department of Commerce and
34		Economic Opportunity Community Affairs as complying with
35		the requirements specified in clauses (1) and (2) of this
36		paragraph (e).

1		Upon adoption of the ordinance authorizing the exemption,
2		the municipal clerk shall transmit a copy of that ordinance to
3		the Department of Commerce and Economic Opportunity Community
4		Affairs. The Department of Commerce and Economic Opportunity
5		Community Affairs shall determine whether the business
6		enterprises located in the municipality meet the criteria
7		prescribed in this paragraph. If the Department of Commerce and
8		Economic Opportunity Community Affairs determines that the
9		business enterprises meet the criteria, it shall grant
10		certification. The Department of Commerce and Economic
11		Opportunity Community Affairs shall act upon certification
12		requests within 30 days after receipt of the ordinance.
13		Upon certification of the business enterprise by the
14		Department of Commerce and Economic Opportunity Community
15		Affairs, the Department of Commerce and Economic Opportunity
16		Community Affairs shall notify the Department of Revenue of the
17		certification. The Department of Revenue shall notify the
18		public utilities of the exemption status of the gross receipts
19		received from, and the electricity used or consumed by, the
20		certified business enterprises. Such exemption status shall be
21		effective within 3 months after certification.
22		(f) A municipality that imposes taxes upon public utilities
23		or upon the privilege of using or consuming electricity under
24		this Section and whose territory includes part of another unit
25		of local government or a school district may by ordinance
26		exempt the other unit of local government or school district
27		from those taxes.
28		(g) The amendment of this Section by Public Act 84-127
29		shall take precedence over any other amendment of this Section
30		by any other amendatory Act passed by the 84th General Assembly
31		before the effective date of Public Act 84-127.
32		(h) In any case in which, before July 1, 1992, a person
33		engaged in the business of transmitting messages through the
34		use of mobile equipment, such as cellular phones and paging
35		systems, has determined the municipality within which the gross
36		receipts from the business originated by reference to the

1		location of its transmitting or switching equipment, then (i)
2		neither the municipality to which tax was paid on that basis
3		nor the taxpayer that paid tax on that basis shall be required
4		to rebate, refund, or issue credits for any such tax or charge
5		collected from customers to reimburse the taxpayer for the tax
6		and (ii) no municipality to which tax would have been paid with
7		respect to those gross receipts if the provisions of this
8		amendatory Act of 1991 had been in effect before July 1, 1992,
9		shall have any claim against the taxpayer for any amount of the
10		tax.
11		(Source: P.A. 91-870, eff. 6-22-00; 92-474, eff. 8-1-02;
12		92-526, eff. 1-1-03; revised 12-6-03.)
13		(65 ILCS 5/11-31.1-14) (from Ch. 24, par. 11-31.1-14)
14		Sec. 11-31.1-14. Application for grants. Any municipality
15		adopting this Division may make application to the Department
16		of Commerce and Economic Opportunity Community Affairs for
17		grants to help defray the cost of establishing and maintaining
18		a code hearing department as provided in this Division. The
19		application for grants shall be in the manner and form
20		prescribed by the Department of Commerce and Economic
21		Opportunity Community Affairs.
22		(Source: P.A. 81-1509; revised 12-6-03.)
23		(65 ILCS 5/11-48.3-29) (from Ch. 24, par. 11-48.3-29)
24		Sec. 11-48.3-29. The Authority shall receive financial
25		support from the Department of Commerce and Economic
26		Opportunity Community Affairs in the amounts that may be
27		appropriated for such purpose.
28		(Source: P.A. 86-279; revised 12-6-03.)
29		(65 ILCS 5/11-74.4-6) (from Ch. 24, par. 11-74.4-6)
30		Sec. 11-74.4-6. (a) Except as provided herein, notice of
31		the public hearing shall be given by publication and mailing.
32		Notice by publication shall be given by publication at least
33		twice, the first publication to be not more than 30 nor less

1		than 10 days prior to the hearing in a newspaper of general
2		circulation within the taxing districts having property in the
3		proposed redevelopment project area. Notice by mailing shall be
4		given by depositing such notice in the United States mails by
5		certified mail addressed to the person or persons in whose name
6		the general taxes for the last preceding year were paid on each
7		lot, block, tract, or parcel of land lying within the project
8		redevelopment area. Said notice shall be mailed not less than
9		10 days prior to the date set for the public hearing. In the
10		event taxes for the last preceding year were not paid, the
11		notice shall also be sent to the persons last listed on the tax
12		rolls within the preceding 3 years as the owners of such
13		property. For redevelopment project areas with redevelopment
14		plans or proposed redevelopment plans that would require
15		removal of 10 or more inhabited residential units or that
16		contain 75 or more inhabited residential units, the
17		municipality shall make a good faith effort to notify by mail
18		all residents of the redevelopment project area. At a minimum,
19		the municipality shall mail a notice to each residential
20		address located within the redevelopment project area. The
21		municipality shall endeavor to ensure that all such notices are
22		effectively communicated and shall include (in addition to
23		notice in English) notice in the predominant language other
24		than English when appropriate.
25		(b) The notices issued pursuant to this Section shall
26		include the following:
27		(1) The time and place of public hearing;
28		(2) The boundaries of the proposed redevelopment
29		project area by legal description and by street location
30		where possible;
31		(3) A notification that all interested persons will be
32		given an opportunity to be heard at the public hearing;
33		(4) A description of the redevelopment plan or
34		redevelopment project for the proposed redevelopment
35		project area if a plan or project is the subject matter of
36		the hearing.

1		(5) Such other matters as the municipality may deem
2		appropriate.
3		(c) Not less than 45 days prior to the date set for
4		hearing, the municipality shall give notice by mail as provided
5		in subsection (a) to all taxing districts of which taxable
6		property is included in the redevelopment project area, project
7		or plan and to the Department of Commerce and Economic
8		Opportunity Community Affairs, and in addition to the other
9		requirements under subsection (b) the notice shall include an
10		invitation to the Department of Commerce and Economic
11		Opportunity Community Affairs and each taxing district to
12		submit comments to the municipality concerning the subject
13		matter of the hearing prior to the date of hearing.
14		(d) In the event that any municipality has by ordinance
15		adopted tax increment financing prior to 1987, and has complied
16		with the notice requirements of this Section, except that the
17		notice has not included the requirements of subsection (b),
18		paragraphs (2), (3) and (4), and within 90 days of the
19		effective date of this amendatory Act of 1991, that
20		municipality passes an ordinance which contains findings that:
21		(1) all taxing districts prior to the time of the hearing
22		required by Section 11-74.4-5 were furnished with copies of a
23		map incorporated into the redevelopment plan and project
24		substantially showing the legal boundaries of the
25		redevelopment project area; (2) the redevelopment plan and
26		project, or a draft thereof, contained a map substantially
27		showing the legal boundaries of the redevelopment project area
28		and was available to the public at the time of the hearing; and
29		(3) since the adoption of any form of tax increment financing
30		authorized by this Act, and prior to June 1, 1991, no objection
31		or challenge has been made in writing to the municipality in
32		respect to the notices required by this Section, then the
33		municipality shall be deemed to have met the notice
34		requirements of this Act and all actions of the municipality
35		taken in connection with such notices as were given are hereby
36		validated and hereby declared to be legally sufficient for all

1		purposes of this Act.
2		(e) If a municipality desires to propose a redevelopment
3		plan for a redevelopment project area that would result in the
4		displacement of residents from 10 or more inhabited residential
5		units or for a redevelopment project area that contains 75 or
6		more inhabited residential units, the municipality shall hold a
7		public meeting before the mailing of the notices of public
8		hearing as provided in subsection (c) of this Section. The
9		meeting shall be for the purpose of enabling the municipality
10		to advise the public, taxing districts having real property in
11		the redevelopment project area, taxpayers who own property in
12		the proposed redevelopment project area, and residents in the
13		area as to the municipality's possible intent to prepare a
14		redevelopment plan and designate a redevelopment project area
15		and to receive public comment. The time and place for the
16		meeting shall be set by the head of the municipality's
17		Department of Planning or other department official designated
18		by the mayor or city or village manager without the necessity
19		of a resolution or ordinance of the municipality and may be
20		held by a member of the staff of the Department of Planning of
21		the municipality or by any other person, body, or commission
22		designated by the corporate authorities. The meeting shall be
23		held at least 14 business days before the mailing of the notice
24		of public hearing provided for in subsection (c) of this
25		Section.
26		Notice of the public meeting shall be given by mail. Notice
27		by mail shall be not less than 15 days before the date of the
28		meeting and shall be sent by certified mail to all taxing
29		districts having real property in the proposed redevelopment
30		project area and to all entities requesting that information
31		that have registered with a person and department designated by
32		the municipality in accordance with registration guidelines
33		established by the municipality pursuant to Section
34		11-74.4-4.2. The municipality shall make a good faith effort to
35		notify all residents and the last known persons who paid
36		property taxes on real estate in a redevelopment project area.

1		This requirement shall be deemed to be satisfied if the
2		municipality mails, by regular mail, a notice to each
3		residential address and the person or persons in whose name
4		property taxes were paid on real property for the last
5		preceding year located within the redevelopment project area.
6		Notice shall be in languages other than English when
7		appropriate. The notices issued under this subsection shall
8		include the following:
9		(1) The time and place of the meeting.
10		(2) The boundaries of the area to be studied for
11		possible designation as a redevelopment project area by
12		street and location.
13		(3) The purpose or purposes of establishing a
14		redevelopment project area.
15		(4) A brief description of tax increment financing.
16		(5) The name, telephone number, and address of the
17		person who can be contacted for additional information
18		about the proposed redevelopment project area and who
19		should receive all comments and suggestions regarding the
20		development of the area to be studied.
21		(6) Notification that all interested persons will be
22		given an opportunity to be heard at the public meeting.
23		(7) Such other matters as the municipality deems
24		appropriate.
25		At the public meeting, any interested person or
26		representative of an affected taxing district may be heard
27		orally and may file, with the person conducting the meeting,
28		statements that pertain to the subject matter of the meeting.
29		(Source: P.A. 91-478, eff. 11-1-99; revised 12-6-03.)
30		(65 ILCS 5/11-74.4-8a) (from Ch. 24, par. 11-74.4-8a)
31		Sec. 11-74.4-8a. (1) Until June 1, 1988, a municipality
32		which has adopted tax increment allocation financing prior to
33		January 1, 1987, may by ordinance (1) authorize the Department
34		of Revenue, subject to appropriation, to annually certify and
35		cause to be paid from the Illinois Tax Increment Fund to such

1		municipality for deposit in the municipality's special tax
2		allocation fund an amount equal to the Net State Sales Tax
3		Increment and (2) authorize the Department of Revenue to
4		annually notify the municipality of the amount of the Municipal
5		Sales Tax Increment which shall be deposited by the
6		municipality in the municipality's special tax allocation
7		fund. Provided that for purposes of this Section no amendments
8		adding additional area to the redevelopment project area which
9		has been certified as the State Sales Tax Boundary shall be
10		taken into account if such amendments are adopted by the
11		municipality after January 1, 1987. If an amendment is adopted
12		which decreases the area of a State Sales Tax Boundary, the
13		municipality shall update the list required by subsection
14		(3)(a) of this Section. The Retailers' Occupation Tax
15		liability, Use Tax liability, Service Occupation Tax liability
16		and Service Use Tax liability for retailers and servicemen
17		located within the disconnected area shall be excluded from the
18		base from which tax increments are calculated and the revenue
19		from any such retailer or serviceman shall not be included in
20		calculating incremental revenue payable to the municipality. A
21		municipality adopting an ordinance under this subsection (1) of
22		this Section for a redevelopment project area which is
23		certified as a State Sales Tax Boundary shall not be entitled
24		to payments of State taxes authorized under subsection (2) of
25		this Section for the same redevelopment project area. Nothing
26		herein shall be construed to prevent a municipality from
27		receiving payment of State taxes authorized under subsection
28		(2) of this Section for a separate redevelopment project area
29		that does not overlap in any way with the State Sales Tax
30		Boundary receiving payments of State taxes pursuant to
31		subsection (1) of this Section.
32		A certified copy of such ordinance shall be submitted by
33		the municipality to the Department of Commerce and Economic
34		Opportunity Community Affairs and the Department of Revenue not
35		later than 30 days after the effective date of the ordinance.
36		Upon submission of the ordinances, and the information required

1		pursuant to subsection 3 of this Section, the Department of
2		Revenue shall promptly determine the amount of such taxes paid
3		under the Retailers' Occupation Tax Act, Use Tax Act, Service
4		Use Tax Act, the Service Occupation Tax Act, the Municipal
5		Retailers' Occupation Tax Act and the Municipal Service
6		Occupation Tax Act by retailers and servicemen on transactions
7		at places located in the redevelopment project area during the
8		base year, and shall certify all the foregoing "initial sales
9		tax amounts" to the municipality within 60 days of submission
10		of the list required of subsection (3)(a) of this Section.
11		If a retailer or serviceman with a place of business
12		located within a redevelopment project area also has one or
13		more other places of business within the municipality but
14		outside the redevelopment project area, the retailer or
15		serviceman shall, upon request of the Department of Revenue,
16		certify to the Department of Revenue the amount of taxes paid
17		pursuant to the Retailers' Occupation Tax Act, the Municipal
18		Retailers' Occupation Tax Act, the Service Occupation Tax Act
19		and the Municipal Service Occupation Tax Act at each place of
20		business which is located within the redevelopment project area
21		in the manner and for the periods of time requested by the
22		Department of Revenue.
23		When the municipality determines that a portion of an
24		increase in the aggregate amount of taxes paid by retailers and
25		servicemen under the Retailers' Occupation Tax Act, Use Tax
26		Act, Service Use Tax Act, or the Service Occupation Tax Act is
27		the result of a retailer or serviceman initiating retail or
28		service operations in the redevelopment project area by such
29		retailer or serviceman with a resulting termination of retail
30		or service operations by such retailer or serviceman at another
31		location in Illinois in the standard metropolitan statistical
32		area of such municipality, the Department of Revenue shall be
33		notified that the retailers occupation tax liability, use tax
34		liability, service occupation tax liability, or service use tax
35		liability from such retailer's or serviceman's terminated
36		operation shall be included in the base Initial Sales Tax

1		Amounts from which the State Sales Tax Increment is calculated
2		for purposes of State payments to the affected municipality;
3		provided, however, for purposes of this paragraph
4		"termination" shall mean a closing of a retail or service
5		operation which is directly related to the opening of the same
6		retail or service operation in a redevelopment project area
7		which is included within a State Sales Tax Boundary, but it
8		shall not include retail or service operations closed for
9		reasons beyond the control of the retailer or serviceman, as
10		determined by the Department.
11		If the municipality makes the determination referred to in
12		the prior paragraph and notifies the Department and if the
13		relocation is from a location within the municipality, the
14		Department, at the request of the municipality, shall adjust
15		the certified aggregate amount of taxes that constitute the
16		Municipal Sales Tax Increment paid by retailers and servicemen
17		on transactions at places of business located within the State
18		Sales Tax Boundary during the base year using the same
19		procedures as are employed to make the adjustment referred to
20		in the prior paragraph. The adjusted Municipal Sales Tax
21		Increment calculated by the Department shall be sufficient to
22		satisfy the requirements of subsection (1) of this Section.
23		When a municipality which has adopted tax increment
24		allocation financing in 1986 determines that a portion of the
25		aggregate amount of taxes paid by retailers and servicemen
26		under the Retailers Occupation Tax Act, Use Tax Act, Service
27		Use Tax Act, or Service Occupation Tax Act, the Municipal
28		Retailers' Occupation Tax Act and the Municipal Service
29		Occupation Tax Act, includes revenue of a retailer or
30		serviceman which terminated retailer or service operations in
31		1986, prior to the adoption of tax increment allocation
32		financing, the Department of Revenue shall be notified by such
33		municipality that the retailers' occupation tax liability, use
34		tax liability, service occupation tax liability or service use
35		tax liability, from such retailer's or serviceman's terminated
36		operations shall be excluded from the Initial Sales Tax Amounts

1		for such taxes. The revenue from any such retailer or
2		serviceman which is excluded from the base year under this
3		paragraph, shall not be included in calculating incremental
4		revenues if such retailer or serviceman reestablishes such
5		business in the redevelopment project area.
6		For State fiscal year 1992, the Department of Revenue shall
7		budget, and the Illinois General Assembly shall appropriate
8		from the Illinois Tax Increment Fund in the State treasury, an
9		amount not to exceed $18,000,000 to pay to each eligible
10		municipality the Net State Sales Tax Increment to which such
11		municipality is entitled.
12		Beginning on January 1, 1993, each municipality's
13		proportional share of the Illinois Tax Increment Fund shall be
14		determined by adding the annual Net State Sales Tax Increment
15		and the annual Net Utility Tax Increment to determine the
16		Annual Total Increment. The ratio of the Annual Total Increment
17		of each municipality to the Annual Total Increment for all
18		municipalities, as most recently calculated by the Department,
19		shall determine the proportional shares of the Illinois Tax
20		Increment Fund to be distributed to each municipality.
21		Beginning in October, 1993, and each January, April, July
22		and October thereafter, the Department of Revenue shall certify
23		to the Treasurer and the Comptroller the amounts payable
24		quarter annually during the fiscal year to each municipality
25		under this Section. The Comptroller shall promptly then draw
26		warrants, ordering the State Treasurer to pay such amounts from
27		the Illinois Tax Increment Fund in the State treasury.
28		The Department of Revenue shall utilize the same periods
29		established for determining State Sales Tax Increment to
30		determine the Municipal Sales Tax Increment for the area within
31		a State Sales Tax Boundary and certify such amounts to such
32		municipal treasurer who shall transfer such amounts to the
33		special tax allocation fund.
34		The provisions of this subsection (1) do not apply to
35		additional municipal retailers' occupation or service
36		occupation taxes imposed by municipalities using their home

1		rule powers or imposed pursuant to Sections 8-11-1.3, 8-11-1.4
2		and 8-11-1.5 of this Act. A municipality shall not receive from
3		the State any share of the Illinois Tax Increment Fund unless
4		such municipality deposits all its Municipal Sales Tax
5		Increment and the local incremental real property tax revenues,
6		as provided herein, into the appropriate special tax allocation
7		fund. If, however, a municipality has extended the estimated
8		dates of completion of the redevelopment project and retirement
9		of obligations to finance redevelopment project costs by
10		municipal ordinance to December 31, 2013 under subsection (n)
11		of Section 11-74.4-3, then that municipality shall continue to
12		receive from the State a share of the Illinois Tax Increment
13		Fund so long as the municipality deposits, from any funds
14		available, excluding funds in the special tax allocation fund,
15		an amount equal to the municipal share of the real property tax
16		increment revenues into the special tax allocation fund during
17		the extension period. The amount to be deposited by the
18		municipality in each of the tax years affected by the extension
19		to December 31, 2013 shall be equal to the municipal share of
20		the property tax increment deposited into the special tax
21		allocation fund by the municipality for the most recent year
22		that the property tax increment was distributed. A municipality
23		located within an economic development project area created
24		under the County Economic Development Project Area Property Tax
25		Allocation Act which has abated any portion of its property
26		taxes which otherwise would have been deposited in its special
27		tax allocation fund shall not receive from the State the Net
28		Sales Tax Increment.
29		(2) A municipality which has adopted tax increment
30		allocation financing with regard to an industrial park or
31		industrial park conservation area, prior to January 1, 1988,
32		may by ordinance authorize the Department of Revenue to
33		annually certify and pay from the Illinois Tax Increment Fund
34		to such municipality for deposit in the municipality's special
35		tax allocation fund an amount equal to the Net State Utility
36		Tax Increment. Provided that for purposes of this Section no

1		amendments adding additional area to the redevelopment project
2		area shall be taken into account if such amendments are adopted
3		by the municipality after January 1, 1988. Municipalities
4		adopting an ordinance under this subsection (2) of this Section
5		for a redevelopment project area shall not be entitled to
6		payment of State taxes authorized under subsection (1) of this
7		Section for the same redevelopment project area which is within
8		a State Sales Tax Boundary. Nothing herein shall be construed
9		to prevent a municipality from receiving payment of State taxes
10		authorized under subsection (1) of this Section for a separate
11		redevelopment project area within a State Sales Tax Boundary
12		that does not overlap in any way with the redevelopment project
13		area receiving payments of State taxes pursuant to subsection
14		(2) of this Section.
15		A certified copy of such ordinance shall be submitted to
16		the Department of Commerce and Economic Opportunity Community
17		Affairs and the Department of Revenue not later than 30 days
18		after the effective date of the ordinance.
19		When a municipality determines that a portion of an
20		increase in the aggregate amount of taxes paid by industrial or
21		commercial facilities under the Public Utilities Act, is the
22		result of an industrial or commercial facility initiating
23		operations in the redevelopment project area with a resulting
24		termination of such operations by such industrial or commercial
25		facility at another location in Illinois, the Department of
26		Revenue shall be notified by such municipality that such
27		industrial or commercial facility's liability under the Public
28		Utility Tax Act shall be included in the base from which tax
29		increments are calculated for purposes of State payments to the
30		affected municipality.
31		After receipt of the calculations by the public utility as
32		required by subsection (4) of this Section, the Department of
33		Revenue shall annually budget and the Illinois General Assembly
34		shall annually appropriate from the General Revenue Fund
35		through State Fiscal Year 1989, and thereafter from the
36		Illinois Tax Increment Fund, an amount sufficient to pay to

1		each eligible municipality the amount of incremental revenue
2		attributable to State electric and gas taxes as reflected by
3		the charges imposed on persons in the project area to which
4		such municipality is entitled by comparing the preceding
5		calendar year with the base year as determined by this Section.
6		Beginning on January 1, 1993, each municipality's proportional
7		share of the Illinois Tax Increment Fund shall be determined by
8		adding the annual Net State Utility Tax Increment and the
9		annual Net Utility Tax Increment to determine the Annual Total
10		Increment. The ratio of the Annual Total Increment of each
11		municipality to the Annual Total Increment for all
12		municipalities, as most recently calculated by the Department,
13		shall determine the proportional shares of the Illinois Tax
14		Increment Fund to be distributed to each municipality.
15		A municipality shall not receive any share of the Illinois
16		Tax Increment Fund from the State unless such municipality
17		imposes the maximum municipal charges authorized pursuant to
18		Section 9-221 of the Public Utilities Act and deposits all
19		municipal utility tax incremental revenues as certified by the
20		public utilities, and all local real estate tax increments into
21		such municipality's special tax allocation fund.
22		(3) Within 30 days after the adoption of the ordinance
23		required by either subsection (1) or subsection (2) of this
24		Section, the municipality shall transmit to the Department of
25		Commerce and Economic Opportunity Community Affairs and the
26		Department of Revenue the following:
27		(a) if applicable, a certified copy of the ordinance
28		required by subsection (1) accompanied by a complete list
29		of street names and the range of street numbers of each
30		street located within the redevelopment project area for
31		which payments are to be made under this Section in both
32		the base year and in the year preceding the payment year;
33		and the addresses of persons registered with the Department
34		of Revenue; and, the name under which each such retailer or
35		serviceman conducts business at that address, if different
36		from the corporate name; and the Illinois Business Tax

1		Number of each such person (The municipality shall update
2		this list in the event of a revision of the redevelopment
3		project area, or the opening or closing or name change of
4		any street or part thereof in the redevelopment project
5		area, or if the Department of Revenue informs the
6		municipality of an addition or deletion pursuant to the
7		monthly updates given by the Department.);
8		(b) if applicable, a certified copy of the ordinance
9		required by subsection (2) accompanied by a complete list
10		of street names and range of street numbers of each street
11		located within the redevelopment project area, the utility
12		customers in the project area, and the utilities serving
13		the redevelopment project areas;
14		(c) certified copies of the ordinances approving the
15		redevelopment plan and designating the redevelopment
16		project area;
17		(d) a copy of the redevelopment plan as approved by the
18		municipality;
19		(e) an opinion of legal counsel that the municipality
20		had complied with the requirements of this Act; and
21		(f) a certification by the chief executive officer of
22		the municipality that with regard to a redevelopment
23		project area: (1) the municipality has committed all of the
24		municipal tax increment created pursuant to this Act for
25		deposit in the special tax allocation fund, (2) the
26		redevelopment projects described in the redevelopment plan
27		would not be completed without the use of State incremental
28		revenues pursuant to this Act, (3) the municipality will
29		pursue the implementation of the redevelopment plan in an
30		expeditious manner, (4) the incremental revenues created
31		pursuant to this Section will be exclusively utilized for
32		the development of the redevelopment project area, and (5)
33		the increased revenue created pursuant to this Section
34		shall be used exclusively to pay redevelopment project
35		costs as defined in this Act.
36		(4) The Department of Revenue upon receipt of the

1		information set forth in paragraph (b) of subsection (3) shall
2		immediately forward such information to each public utility
3		furnishing natural gas or electricity to buildings within the
4		redevelopment project area. Upon receipt of such information,
5		each public utility shall promptly:
6		(a) provide to the Department of Revenue and the
7		municipality separate lists of the names and addresses of
8		persons within the redevelopment project area receiving
9		natural gas or electricity from such public utility. Such
10		list shall be updated as necessary by the public utility.
11		Each month thereafter the public utility shall furnish the
12		Department of Revenue and the municipality with an itemized
13		listing of charges imposed pursuant to Sections 9-221 and
14		9-222 of the Public Utilities Act on persons within the
15		redevelopment project area.
16		(b) determine the amount of charges imposed pursuant to
17		Sections 9-221 and 9-222 of the Public Utilities Act on
18		persons in the redevelopment project area during the base
19		year, both as a result of municipal taxes on electricity
20		and gas and as a result of State taxes on electricity and
21		gas and certify such amounts both to the municipality and
22		the Department of Revenue; and
23		(c) determine the amount of charges imposed pursuant to
24		Sections 9-221 and 9-222 of the Public Utilities Act on
25		persons in the redevelopment project area on a monthly
26		basis during the base year, both as a result of State and
27		municipal taxes on electricity and gas and certify such
28		separate amounts both to the municipality and the
29		Department of Revenue.
30		After the determinations are made in paragraphs (b) and
31		(c), the public utility shall monthly during the existence of
32		the redevelopment project area notify the Department of Revenue
33		and the municipality of any increase in charges over the base
34		year determinations made pursuant to paragraphs (b) and (c).
35		(5) The payments authorized under this Section shall be
36		deposited by the municipal treasurer in the special tax

1		allocation fund of the municipality, which for accounting
2		purposes shall identify the sources of each payment as:
3		municipal receipts from the State retailers occupation,
4		service occupation, use and service use taxes; and municipal
5		public utility taxes charged to customers under the Public
6		Utilities Act and State public utility taxes charged to
7		customers under the Public Utilities Act.
8		(6) Before the effective date of this amendatory Act of the
9		91st General Assembly, any municipality receiving payments
10		authorized under this Section for any redevelopment project
11		area or area within a State Sales Tax Boundary within the
12		municipality shall submit to the Department of Revenue and to
13		the taxing districts which are sent the notice required by
14		Section 6 of this Act annually within 180 days after the close
15		of each municipal fiscal year the following information for the
16		immediately preceding fiscal year:
17		(a) Any amendments to the redevelopment plan, the
18		redevelopment project area, or the State Sales Tax
19		Boundary.
20		(b) Audited financial statements of the special tax
21		allocation fund.
22		(c) Certification of the Chief Executive Officer of the
23		municipality that the municipality has complied with all of
24		the requirements of this Act during the preceding fiscal
25		year.
26		(d) An opinion of legal counsel that the municipality
27		is in compliance with this Act.
28		(e) An analysis of the special tax allocation fund
29		which sets forth:
30		(1) the balance in the special tax allocation fund
31		at the beginning of the fiscal year;
32		(2) all amounts deposited in the special tax
33		allocation fund by source;
34		(3) all expenditures from the special tax
35		allocation fund by category of permissible
36		redevelopment project cost; and

1		(4) the balance in the special tax allocation fund
2		at the end of the fiscal year including a breakdown of
3		that balance by source. Such ending balance shall be
4		designated as surplus if it is not required for
5		anticipated redevelopment project costs or to pay debt
6		service on bonds issued to finance redevelopment
7		project costs, as set forth in Section 11-74.4-7
8		hereof.
9		(f) A description of all property purchased by the
10		municipality within the redevelopment project area
11		including:
12		1. Street address
13		2. Approximate size or description of property
14		3. Purchase price
15		4. Seller of property.
16		(g) A statement setting forth all activities
17		undertaken in furtherance of the objectives of the
18		redevelopment plan, including:
19		1. Any project implemented in the preceding fiscal
20		year
21		2. A description of the redevelopment activities
22		undertaken
23		3. A description of any agreements entered into by
24		the municipality with regard to the disposition or
25		redevelopment of any property within the redevelopment
26		project area or the area within the State Sales Tax
27		Boundary.
28		(h) With regard to any obligations issued by the
29		municipality:
30		1. copies of bond ordinances or resolutions
31		2. copies of any official statements
32		3. an analysis prepared by financial advisor or
33		underwriter setting forth: (a) nature and term of
34		obligation; and (b) projected debt service including
35		required reserves and debt coverage.
36		(i) A certified audit report reviewing compliance with

1		this statute performed by an independent public accountant
2		certified and licensed by the authority of the State of
3		Illinois. The financial portion of the audit must be
4		conducted in accordance with Standards for Audits of
5		Governmental Organizations, Programs, Activities, and
6		Functions adopted by the Comptroller General of the United
7		States (1981), as amended. The audit report shall contain a
8		letter from the independent certified public accountant
9		indicating compliance or noncompliance with the
10		requirements of subsection (q) of Section 11-74.4-3. If the
11		audit indicates that expenditures are not in compliance
12		with the law, the Department of Revenue shall withhold
13		State sales and utility tax increment payments to the
14		municipality until compliance has been reached, and an
15		amount equal to the ineligible expenditures has been
16		returned to the Special Tax Allocation Fund.
17		(6.1) After July 29, 1988 and before the effective date of
18		this amendatory Act of the 91st General Assembly, any funds
19		which have not been designated for use in a specific
20		development project in the annual report shall be designated as
21		surplus. No funds may be held in the Special Tax Allocation
22		Fund for more than 36 months from the date of receipt unless
23		the money is required for payment of contractual obligations
24		for specific development project costs. If held for more than
25		36 months in violation of the preceding sentence, such funds
26		shall be designated as surplus. Any funds designated as surplus
27		must first be used for early redemption of any bond
28		obligations. Any funds designated as surplus which are not
29		disposed of as otherwise provided in this paragraph, shall be
30		distributed as surplus as provided in Section 11-74.4-7.
31		(7) Any appropriation made pursuant to this Section for the
32		1987 State fiscal year shall not exceed the amount of $7
33		million and for the 1988 State fiscal year the amount of $10
34		million. The amount which shall be distributed to each
35		municipality shall be the incremental revenue to which each
36		municipality is entitled as calculated by the Department of

1		Revenue, unless the requests of the municipality exceed the
2		appropriation, then the amount to which each municipality shall
3		be entitled shall be prorated among the municipalities in the
4		same proportion as the increment to which the municipality
5		would be entitled bears to the total increment which all
6		municipalities would receive in the absence of this limitation,
7		provided that no municipality may receive an amount in excess
8		of 15% of the appropriation. For the 1987 Net State Sales Tax
9		Increment payable in Fiscal Year 1989, no municipality shall
10		receive more than 7.5% of the total appropriation; provided,
11		however, that any of the appropriation remaining after such
12		distribution shall be prorated among municipalities on the
13		basis of their pro rata share of the total increment. Beginning
14		on January 1, 1993, each municipality's proportional share of
15		the Illinois Tax Increment Fund shall be determined by adding
16		the annual Net State Sales Tax Increment and the annual Net
17		Utility Tax Increment to determine the Annual Total Increment.
18		The ratio of the Annual Total Increment of each municipality to
19		the Annual Total Increment for all municipalities, as most
20		recently calculated by the Department, shall determine the
21		proportional shares of the Illinois Tax Increment Fund to be
22		distributed to each municipality.
23		(7.1) No distribution of Net State Sales Tax Increment to a
24		municipality for an area within a State Sales Tax Boundary
25		shall exceed in any State Fiscal Year an amount equal to 3
26		times the sum of the Municipal Sales Tax Increment, the real
27		property tax increment and deposits of funds from other
28		sources, excluding state and federal funds, as certified by the
29		city treasurer to the Department of Revenue for an area within
30		a State Sales Tax Boundary. After July 29, 1988, for those
31		municipalities which issue bonds between June 1, 1988 and 3
32		years from July 29, 1988 to finance redevelopment projects
33		within the area in a State Sales Tax Boundary, the distribution
34		of Net State Sales Tax Increment during the 16th through 20th
35		years from the date of issuance of the bonds shall not exceed
36		in any State Fiscal Year an amount equal to 2 times the sum of

1		the Municipal Sales Tax Increment, the real property tax
2		increment and deposits of funds from other sources, excluding
3		State and federal funds.
4		(8) Any person who knowingly files or causes to be filed
5		false information for the purpose of increasing the amount of
6		any State tax incremental revenue commits a Class A
7		misdemeanor.
8		(9) The following procedures shall be followed to determine
9		whether municipalities have complied with the Act for the
10		purpose of receiving distributions after July 1, 1989 pursuant
11		to subsection (1) of this Section 11-74.4-8a.
12		(a) The Department of Revenue shall conduct a
13		preliminary review of the redevelopment project areas and
14		redevelopment plans pertaining to those municipalities
15		receiving payments from the State pursuant to subsection
16		(1) of Section 8a of this Act for the purpose of
17		determining compliance with the following standards:
18		(1) For any municipality with a population of more
19		than 12,000 as determined by the 1980 U.S. Census: (a)
20		the redevelopment project area, or in the case of a
21		municipality which has more than one redevelopment
22		project area, each such area, must be contiguous and
23		the total of all such areas shall not comprise more
24		than 25% of the area within the municipal boundaries
25		nor more than 20% of the equalized assessed value of
26		the municipality; (b) the aggregate amount of 1985
27		taxes in the redevelopment project area, or in the case
28		of a municipality which has more than one redevelopment
29		project area, the total of all such areas, shall be not
30		more than 25% of the total base year taxes paid by
31		retailers and servicemen on transactions at places of
32		business located within the municipality under the
33		Retailers' Occupation Tax Act, the Use Tax Act, the
34		Service Use Tax Act, and the Service Occupation Tax
35		Act. Redevelopment project areas created prior to 1986
36		are not subject to the above standards if their

1		boundaries were not amended in 1986.
2		(2) For any municipality with a population of
3		12,000 or less as determined by the 1980 U.S. Census:
4		(a) the redevelopment project area, or in the case of a
5		municipality which has more than one redevelopment
6		project area, each such area, must be contiguous and
7		the total of all such areas shall not comprise more
8		than 35% of the area within the municipal boundaries
9		nor more than 30% of the equalized assessed value of
10		the municipality; (b) the aggregate amount of 1985
11		taxes in the redevelopment project area, or in the case
12		of a municipality which has more than one redevelopment
13		project area, the total of all such areas, shall not be
14		more than 35% of the total base year taxes paid by
15		retailers and servicemen on transactions at places of
16		business located within the municipality under the
17		Retailers' Occupation Tax Act, the Use Tax Act, the
18		Service Use Tax Act, and the Service Occupation Tax
19		Act. Redevelopment project areas created prior to 1986
20		are not subject to the above standards if their
21		boundaries were not amended in 1986.
22		(3) Such preliminary review of the redevelopment
23		project areas applying the above standards shall be
24		completed by November 1, 1988, and on or before
25		November 1, 1988, the Department shall notify each
26		municipality by certified mail, return receipt
27		requested that either (1) the Department requires
28		additional time in which to complete its preliminary
29		review; or (2) the Department is issuing either (a) a
30		Certificate of Eligibility or (b) a Notice of Review.
31		If the Department notifies a municipality that it
32		requires additional time to complete its preliminary
33		investigation, it shall complete its preliminary
34		investigation no later than February 1, 1989, and by
35		February 1, 1989 shall issue to each municipality
36		either (a) a Certificate of Eligibility or (b) a Notice

1		of Review. A redevelopment project area for which a
2		Certificate of Eligibility has been issued shall be
3		deemed a "State Sales Tax Boundary."
4		(4) The Department of Revenue shall also issue a
5		Notice of Review if the Department has received a
6		request by November 1, 1988 to conduct such a review
7		from taxpayers in the municipality, local taxing
8		districts located in the municipality or the State of
9		Illinois, or if the redevelopment project area has more
10		than 5 retailers and has had growth in State sales tax
11		revenue of more than 15% from calendar year 1985 to
12		1986.
13		(b) For those municipalities receiving a Notice of
14		Review, the Department will conduct a secondary review
15		consisting of: (i) application of the above standards
16		contained in subsection (9)(a)(1)(a) and (b) or
17		(9)(a)(2)(a) and (b), and (ii) the definitions of blighted
18		and conservation area provided for in Section 11-74.4-3.
19		Such secondary review shall be completed by July 1, 1989.
20		Upon completion of the secondary review, the
21		Department will issue (a) a Certificate of Eligibility or
22		(b) a Preliminary Notice of Deficiency. Any municipality
23		receiving a Preliminary Notice of Deficiency may amend its
24		redevelopment project area to meet the standards and
25		definitions set forth in this paragraph (b). This amended
26		redevelopment project area shall become the "State Sales
27		Tax Boundary" for purposes of determining the State Sales
28		Tax Increment.
29		(c) If the municipality advises the Department of its
30		intent to comply with the requirements of paragraph (b) of
31		this subsection outlined in the Preliminary Notice of
32		Deficiency, within 120 days of receiving such notice from
33		the Department, the municipality shall submit
34		documentation to the Department of the actions it has taken
35		to cure any deficiencies. Thereafter, within 30 days of the
36		receipt of the documentation, the Department shall either

1		issue a Certificate of Eligibility or a Final Notice of
2		Deficiency. If the municipality fails to advise the
3		Department of its intent to comply or fails to submit
4		adequate documentation of such cure of deficiencies the
5		Department shall issue a Final Notice of Deficiency that
6		provides that the municipality is ineligible for payment of
7		the Net State Sales Tax Increment.
8		(d) If the Department issues a final determination of
9		ineligibility, the municipality shall have 30 days from the
10		receipt of determination to protest and request a hearing.
11		Such hearing shall be conducted in accordance with Sections
12		10-25, 10-35, 10-40, and 10-50 of the Illinois
13		Administrative Procedure Act. The decision following the
14		hearing shall be subject to review under the Administrative
15		Review Law.
16		(e) Any Certificate of Eligibility issued pursuant to
17		this subsection 9 shall be binding only on the State for
18		the purposes of establishing municipal eligibility to
19		receive revenue pursuant to subsection (1) of this Section
20		11-74.4-8a.
21		(f) It is the intent of this subsection that the
22		periods of time to cure deficiencies shall be in addition
23		to all other periods of time permitted by this Section,
24		regardless of the date by which plans were originally
25		required to be adopted. To cure said deficiencies, however,
26		the municipality shall be required to follow the procedures
27		and requirements pertaining to amendments, as provided in
28		Sections 11-74.4-5 and 11-74.4-6 of this Act.
29		(10) If a municipality adopts a State Sales Tax Boundary in
30		accordance with the provisions of subsection (9) of this
31		Section, such boundaries shall subsequently be utilized to
32		determine Revised Initial Sales Tax Amounts and the Net State
33		Sales Tax Increment; provided, however, that such revised State
34		Sales Tax Boundary shall not have any effect upon the boundary
35		of the redevelopment project area established for the purposes
36		of determining the ad valorem taxes on real property pursuant

1		to Sections 11-74.4-7 and 11-74.4-8 of this Act nor upon the
2		municipality's authority to implement the redevelopment plan
3		for that redevelopment project area. For any redevelopment
4		project area with a smaller State Sales Tax Boundary within its
5		area, the municipality may annually elect to deposit the
6		Municipal Sales Tax Increment for the redevelopment project
7		area in the special tax allocation fund and shall certify the
8		amount to the Department prior to receipt of the Net State
9		Sales Tax Increment. Any municipality required by subsection
10		(9) to establish a State Sales Tax Boundary for one or more of
11		its redevelopment project areas shall submit all necessary
12		information required by the Department concerning such
13		boundary and the retailers therein, by October 1, 1989, after
14		complying with the procedures for amendment set forth in
15		Sections 11-74.4-5 and 11-74.4-6 of this Act. Net State Sales
16		Tax Increment produced within the State Sales Tax Boundary
17		shall be spent only within that area. However expenditures of
18		all municipal property tax increment and municipal sales tax
19		increment in a redevelopment project area are not required to
20		be spent within the smaller State Sales Tax Boundary within
21		such redevelopment project area.
22		(11) The Department of Revenue shall have the authority to
23		issue rules and regulations for purposes of this Section. and
24		regulations for purposes of this Section.
25		(12) If, under Section 5.4.1 of the Illinois Enterprise
26		Zone Act, a municipality determines that property that lies
27		within a State Sales Tax Boundary has an improvement,
28		rehabilitation, or renovation that is entitled to a property
29		tax abatement, then that property along with any improvements,
30		rehabilitation, or renovations shall be immediately removed
31		from any State Sales Tax Boundary. The municipality that made
32		the determination shall notify the Department of Revenue within
33		30 days after the determination. Once a property is removed
34		from the State Sales Tax Boundary because of the existence of a
35		property tax abatement resulting from an enterprise zone, then
36		that property shall not be permitted to be amended into a State

1		Sales Tax Boundary.
2		(Source: P.A. 91-51, eff. 6-30-99; 91-478, eff. 11-1-99;
3		92-263, eff. 8-7-01; revised 12-6-03.)
4		(65 ILCS 5/11-74.6-10)
5		Sec. 11-74.6-10. Definitions.
6		(a) "Environmentally contaminated area" means any improved
7		or vacant area within the boundaries of a redevelopment project
8		area located within the corporate limits of a municipality
9		when, (i) there has been a determination of release or
10		substantial threat of release of a hazardous substance or
11		pesticide, by the United States Environmental Protection
12		Agency or the Illinois Environmental Protection Agency, or the
13		Illinois Pollution Control Board, or any court, or a release or
14		substantial threat of release which is addressed as part of the
15		Pre-Notice Site Cleanup Program under Section 22.2(m) of the
16		Illinois Environmental Protection Act, or a release or
17		substantial threat of release of petroleum under Section 22.12
18		of the Illinois Environmental Protection Act, and (ii) which
19		release or threat of release presents an imminent and
20		substantial danger to public health or welfare or presents a
21		significant threat to public health or the environment, and
22		(iii) which release or threat of release would have a
23		significant impact on the cost of redeveloping the area.
24		(b) "Department" means the Department of Commerce and
25		Economic Opportunity Community Affairs.
26		(c) "Industrial park" means an area in a redevelopment
27		project area suitable for use by any manufacturing, industrial,
28		research, or transportation enterprise, of facilities,
29		including but not limited to factories, mills, processing
30		plants, assembly plants, packing plants, fabricating plants,
31		distribution centers, warehouses, repair overhaul or service
32		facilities, freight terminals, research facilities, test
33		facilities or railroad facilities. An industrial park may
34		contain space for commercial and other use as long as the
35		expected principal use of the park is industrial and is

1		reasonably expected to result in the creation of a significant
2		number of new permanent full time jobs. An industrial park may
3		also contain related operations and facilities including, but
4		not limited to, business and office support services such as
5		centralized computers, telecommunications, publishing,
6		accounting, photocopying and similar activities and employee
7		services such as child care, health care, food service and
8		similar activities. An industrial park may also include
9		demonstration projects, prototype development, specialized
10		training on developing technology, and pure research in any
11		field related or adaptable to business and industry.
12		(d) "Research park" means an area in a redevelopment
13		project area suitable for development of a facility or complex
14		that includes research laboratories and related operations.
15		These related operations may include, but are not limited to,
16		business and office support services such as centralized
17		computers, telecommunications, publishing, accounting,
18		photocopying and similar activities, and employee services
19		such as child care, health care, food service and similar
20		activities. A research park may include demonstration
21		projects, prototype development, specialized training on
22		developing technology, and pure research in any field related
23		or adaptable to business and industry.
24		(e) "Industrial park conservation area" means an area
25		within the boundaries of a redevelopment project area located
26		within the corporate limits of a municipality or within 1 1/2
27		miles of the corporate limits of a municipality if the area is
28		to be annexed to the municipality, if the area is zoned as
29		industrial no later than the date on which the municipality by
30		ordinance designates the redevelopment project area, and if the
31		area includes improved or vacant land suitable for use as an
32		industrial park or a research park, or both. To be designated
33		as an industrial park conservation area, the area shall also
34		satisfy one of the following standards:
35		(1) Standard One: The municipality must be a labor
36		surplus municipality and the area must be served by

1		adequate public and or road transportation for access by
2		the unemployed and for the movement of goods or materials
3		and the redevelopment project area shall contain no more
4		than 2% of the most recently ascertained equalized assessed
5		value of all taxable real properties within the corporate
6		limits of the municipality after adjustment for all
7		annexations associated with the establishment of the
8		redevelopment project area or be located in the vicinity of
9		a waste disposal site or other waste facility. The project
10		plan shall include a plan for and shall establish a
11		marketing program to attract appropriate businesses to the
12		proposed industrial park conservation area and shall
13		include an adequate plan for financing and construction of
14		the necessary infrastructure. No redevelopment projects
15		may be authorized by the municipality under Standard One of
16		subsection (e) of this Section unless the project plan also
17		provides for an employment training project that would
18		prepare unemployed workers for work in the industrial park
19		conservation area, and the project has been approved by
20		official action of or is to be operated by the local
21		community college district, public school district or
22		state or locally designated private industry council or
23		successor agency, or
24		(2) Standard Two: The municipality must be a
25		substantial labor surplus municipality and the area must be
26		served by adequate public and or road transportation for
27		access by the unemployed and for the movement of goods or
28		materials and the redevelopment project area shall contain
29		no more than 2% of the most recently ascertained equalized
30		assessed value of all taxable real properties within the
31		corporate limits of the municipality after adjustment for
32		all annexations associated with the establishment of the
33		redevelopment project area. No redevelopment projects may
34		be authorized by the municipality under Standard Two of
35		subsection (e) of this Section unless the project plan also
36		provides for an employment training project that would

1		prepare unemployed workers for work in the industrial park
2		conservation area, and the project has been approved by
3		official action of or is to be operated by the local
4		community college district, public school district or
5		state or locally designated private industry council or
6		successor agency.
7		(f) "Vacant industrial buildings conservation area" means
8		an area containing one or more industrial buildings located
9		within the corporate limits of the municipality that has been
10		zoned industrial for at least 5 years before the designation of
11		that area as a redevelopment project area by the municipality
12		and is planned for reuse principally for industrial purposes.
13		For the area to be designated as a vacant industrial buildings
14		conservation area, the area shall also satisfy one of the
15		following standards:
16		(1) Standard One: The area shall consist of one or more
17		industrial buildings totaling at least 50,000 net square
18		feet of industrial space, with a majority of the total area
19		of all the buildings having been vacant for at least 18
20		months; and (A) the area is located in a labor surplus
21		municipality or a substantial labor surplus municipality,
22		or (B) the equalized assessed value of the properties
23		within the area during the last 2 years is at least 25%
24		lower than the maximum equalized assessed value of those
25		properties during the immediately preceding 10 years.
26		(2) Standard Two: The area exclusively consists of
27		industrial buildings or a building complex operated by a
28		user or related users (A) that has within the immediately
29		preceding 5 years either (i) employed 200 or more employees
30		at that location, or (ii) if the area is located in a
31		municipality with a population of 12,000 or less, employed
32		more than 50 employees at that location and (B) either is
33		currently vacant, or the owner has: (i) directly notified
34		the municipality of the user's intention to terminate
35		operations at the facility or (ii) filed a notice of
36		closure under the Worker Adjustment and Retraining

1		Notification Act.
2		(g) "Labor surplus municipality" means a municipality in
3		which, during the 4 calendar years immediately preceding the
4		date the municipality by ordinance designates an industrial
5		park conservation area, the average unemployment rate was 1% or
6		more over the State average unemployment rate for that same
7		period of time as published in the United States Department of
8		Labor Bureau of Labor Statistics publication entitled "The
9		Employment Situation" or its successor publication. For the
10		purpose of this subsection (g), if unemployment rate statistics
11		for the municipality are not available, the unemployment rate
12		in the municipality shall be deemed to be: (i) for a
13		municipality that is not in an urban county, the same as the
14		unemployment rate in the principal county where the
15		municipality is located or (ii) for a municipality in an urban
16		county at that municipality's option, either the unemployment
17		rate certified for the municipality by the Department after
18		consultation with the Illinois Department of Labor or the
19		federal Bureau of Labor Statistics, or the unemployment rate of
20		the municipality as determined by the most recent federal
21		census if that census was not dated more than 5 years prior to
22		the date on which the determination is made.
23		(h) "Substantial labor surplus municipality" means a
24		municipality in which, during the 5 calendar years immediately
25		preceding the date the municipality by ordinance designates an
26		industrial park conservation area, the average unemployment
27		rate was 2% or more over the State average unemployment rate
28		for that same period of time as published in the United States
29		Department of Labor Statistics publication entitled "The
30		Employment Situation" or its successor publication. For the
31		purpose of this subsection (h), if unemployment rate statistics
32		for the municipality are not available, the unemployment rate
33		in the municipality shall be deemed to be: (i) for a
34		municipality that is not in an urban county, the same as the
35		unemployment rate in the principal county in which the
36		municipality is located; or (ii) for a municipality in an urban

1		county, at that municipality's option, either the unemployment
2		rate certified for the municipality by the Department after
3		consultation with the Illinois Department of Labor or the
4		federal Bureau of Labor Statistics, or the unemployment rate of
5		the municipality as determined by the most recent federal
6		census if that census was not dated more than 5 years prior to
7		the date on which the determination is made.
8		(i) "Municipality" means a city, village or incorporated
9		town.
10		(j) "Obligations" means bonds, loans, debentures, notes,
11		special certificates or other evidence of indebtedness issued
12		by the municipality to carry out a redevelopment project or to
13		refund outstanding obligations.
14		(k) "Payment in lieu of taxes" means those estimated tax
15		revenues from real property in a redevelopment project area
16		derived from real property that has been acquired by a
17		municipality, which according to the redevelopment project or
18		plan are to be used for a private use, that taxing districts
19		would have received had a municipality not acquired the real
20		property and adopted tax increment allocation financing and
21		that would result from levies made after the time of the
22		adoption of tax increment allocation financing until the time
23		the current equalized assessed value of real property in the
24		redevelopment project area exceeds the total initial equalized
25		assessed value of real property in that area.
26		(l) "Redevelopment plan" means the comprehensive program
27		of the municipality for development or redevelopment intended
28		by the payment of redevelopment project costs to reduce or
29		eliminate the conditions that qualified the redevelopment
30		project area or redevelopment planning area, or both, as an
31		environmentally contaminated area or industrial park
32		conservation area, or vacant industrial buildings conservation
33		area, or combination thereof, and thereby to enhance the tax
34		bases of the taxing districts that extend into the
35		redevelopment project area or redevelopment planning area. On
36		and after the effective date of this amendatory Act of the 91st

1		General Assembly, no redevelopment plan may be approved or
2		amended to include the development of vacant land (i) with a
3		golf course and related clubhouse and other facilities or (ii)
4		designated by federal, State, county, or municipal government
5		as public land for outdoor recreational activities or for
6		nature preserves and used for that purpose within 5 years prior
7		to the adoption of the redevelopment plan. For the purpose of
8		this subsection, "recreational activities" is limited to mean
9		camping and hunting. Each redevelopment plan must set forth in
10		writing the bases for the municipal findings required in this
11		subsection, the program to be undertaken to accomplish the
12		objectives, including but not limited to: (1) an itemized list
13		of estimated redevelopment project costs, (2) evidence
14		indicating that the redevelopment project area or the
15		redevelopment planning area, or both, on the whole has not been
16		subject to growth and development through investment by private
17		enterprise, (3) (i) in the case of an environmentally
18		contaminated area, industrial park conservation area, or a
19		vacant industrial buildings conservation area classified under
20		either Standard One, or Standard Two of subsection (f) where
21		the building is currently vacant, evidence that implementation
22		of the redevelopment plan is reasonably expected to create a
23		significant number of permanent full time jobs, (ii) in the
24		case of a vacant industrial buildings conservation area
25		classified under Standard Two (B)(i) or (ii) of subsection (f),
26		evidence that implementation of the redevelopment plan is
27		reasonably expected to retain a significant number of existing
28		permanent full time jobs, and (iii) in the case of a
29		combination of an environmentally contaminated area,
30		industrial park conservation area, or vacant industrial
31		buildings conservation area, evidence that the standards
32		concerning the creation or retention of jobs for each area set
33		forth in (i) or (ii) above are met, (4) an assessment of the
34		financial impact of the redevelopment project area or the
35		redevelopment planning area, or both, on the overlapping taxing
36		bodies or any increased demand for services from any taxing

1		district affected by the plan and any program to address such
2		financial impact or increased demand, (5) the sources of funds
3		to pay costs, (6) the nature and term of the obligations to be
4		issued, (7) the most recent equalized assessed valuation of the
5		redevelopment project area or the redevelopment planning area,
6		or both, (8) an estimate of the equalized assessed valuation
7		after redevelopment and the general land uses that are applied
8		in the redevelopment project area or the redevelopment planning
9		area, or both, (9) a commitment to fair employment practices
10		and an affirmative action plan, (10) if it includes an
11		industrial park conservation area, the following: (i) a general
12		description of any proposed developer, (ii) user and tenant of
13		any property, (iii) a description of the type, structure and
14		general character of the facilities to be developed, and (iv) a
15		description of the type, class and number of new employees to
16		be employed in the operation of the facilities to be developed,
17		(11) if it includes an environmentally contaminated area, the
18		following: either (i) a determination of release or substantial
19		threat of release of a hazardous substance or pesticide or of
20		petroleum by the United States Environmental Protection Agency
21		or the Illinois Environmental Protection Agency, or the
22		Illinois Pollution Control Board or any court; or (ii) both an
23		environmental audit report by a nationally recognized
24		independent environmental auditor having a reputation for
25		expertise in these matters and a copy of the signed Review and
26		Evaluation Services Agreement indicating acceptance of the
27		site by the Illinois Environmental Protection Agency into the
28		Pre-Notice Site Cleanup Program, (12) if it includes a vacant
29		industrial buildings conservation area, the following: (i) a
30		general description of any proposed developer, (ii) user and
31		tenant of any building or buildings, (iii) a description of the
32		type, structure and general character of the building or
33		buildings to be developed, and (iv) a description of the type,
34		class and number of new employees to be employed or existing
35		employees to be retained in the operation of the building or
36		buildings to be redeveloped, and (13) if property is to be

1		annexed to the municipality, the terms of the annexation
2		agreement.
3		No redevelopment plan shall be adopted by a municipality
4		without findings that:
5		(1) the redevelopment project area or redevelopment
6		planning area, or both, on the whole has not been subject
7		to growth and development through investment by private
8		enterprise and would not reasonably be anticipated to be
9		developed in accordance with public goals stated in the
10		redevelopment plan without the adoption of the
11		redevelopment plan;
12		(2) the redevelopment plan and project conform to the
13		comprehensive plan for the development of the municipality
14		as a whole, or, for municipalities with a population of
15		100,000 or more, regardless of when the redevelopment plan
16		and project was adopted, the redevelopment plan and project
17		either: (i) conforms to the strategic economic development
18		or redevelopment plan issued by the designated planning
19		authority of the municipality or (ii) includes land uses
20		that have been approved by the planning commission of the
21		municipality;
22		(3) that the redevelopment plan is reasonably expected
23		to create or retain a significant number of permanent full
24		time jobs as set forth in paragraph (3) of subsection (l)
25		above;
26		(4) the estimated date of completion of the
27		redevelopment project and retirement of obligations
28		incurred to finance redevelopment project costs is not
29		later than December 31 of the year in which the payment to
30		the municipal treasurer as provided in subsection (b) of
31		Section 11-74.6-35 is to be made with respect to ad valorem
32		taxes levied in the twenty-third calendar year after the
33		year in which the ordinance approving the redevelopment
34		project area is adopted; a municipality may by municipal
35		ordinance amend an existing redevelopment plan to conform
36		to this paragraph (4) as amended by this amendatory Act of

1		the 91st General Assembly concerning ordinances adopted on
2		or after January 15, 1981, which municipal ordinance may be
3		adopted without further hearing or notice and without
4		complying with the procedures provided in this Law
5		pertaining to an amendment to or the initial approval of a
6		redevelopment plan and project and designation of a
7		redevelopment project area;
8		(5) in the case of an industrial park conservation
9		area, that the municipality is a labor surplus municipality
10		or a substantial labor surplus municipality and that the
11		implementation of the redevelopment plan is reasonably
12		expected to create a significant number of permanent full
13		time new jobs and, by the provision of new facilities,
14		significantly enhance the tax base of the taxing districts
15		that extend into the redevelopment project area;
16		(6) in the case of an environmentally contaminated
17		area, that the area is subject to a release or substantial
18		threat of release of a hazardous substance, pesticide or
19		petroleum which presents an imminent and substantial
20		danger to public health or welfare or presents a
21		significant threat to public health or environment, that
22		such release or threat of release will have a significant
23		impact on the cost of redeveloping the area, that the
24		implementation of the redevelopment plan is reasonably
25		expected to result in the area being redeveloped, the tax
26		base of the affected taxing districts being significantly
27		enhanced thereby, and the creation of a significant number
28		of permanent full time jobs; and
29		(7) in the case of a vacant industrial buildings
30		conservation area, that the area is located within the
31		corporate limits of a municipality that has been zoned
32		industrial for at least 5 years before its designation as a
33		project redeveloped area, that it contains one or more
34		industrial buildings, and whether the area has been
35		designated under Standard One or Standard Two of subsection
36		(f) and the basis for that designation.

1		(m) "Redevelopment project" means any public or private
2		development project in furtherance of the objectives of a
3		redevelopment plan. On and after the effective date of this
4		amendatory Act of the 91st General Assembly, no redevelopment
5		plan may be approved or amended to include the development of
6		vacant land (i) with a golf course and related clubhouse and
7		other facilities or (ii) designated by federal, State, county,
8		or municipal government as public land for outdoor recreational
9		activities or for nature preserves and used for that purpose
10		within 5 years prior to the adoption of the redevelopment plan.
11		For the purpose of this subsection, "recreational activities"
12		is limited to mean camping and hunting.
13		(n) "Redevelopment project area" means a contiguous area
14		designated by the municipality that is not less in the
15		aggregate than 1 1/2 acres, and for which the municipality has
16		made a finding that there exist conditions that cause the area
17		to be classified as an industrial park conservation area, a
18		vacant industrial building conservation area, an
19		environmentally contaminated area or a combination of these
20		types of areas.
21		(o) "Redevelopment project costs" means the sum total of
22		all reasonable or necessary costs incurred or estimated to be
23		incurred by the municipality, and any of those costs incidental
24		to a redevelopment plan and a redevelopment project. These
25		costs include, without limitation, the following:
26		(1) Costs of studies, surveys, development of plans,
27		and specifications, implementation and administration of
28		the redevelopment plan, staff and professional service
29		costs for architectural, engineering, legal, marketing,
30		financial, planning, or other services, but no charges for
31		professional services may be based on a percentage of the
32		tax increment collected; except that on and after the
33		effective date of this amendatory Act of the 91st General
34		Assembly, no contracts for professional services,
35		excluding architectural and engineering services, may be
36		entered into if the terms of the contract extend beyond a

1		period of 3 years. In addition, "redevelopment project
2		costs" shall not include lobbying expenses. After
3		consultation with the municipality, each tax increment
4		consultant or advisor to a municipality that plans to
5		designate or has designated a redevelopment project area
6		shall inform the municipality in writing of any contracts
7		that the consultant or advisor has entered into with
8		entities or individuals that have received, or are
9		receiving, payments financed by tax increment revenues
10		produced by the redevelopment project area with respect to
11		which the consultant or advisor has performed, or will be
12		performing, service for the municipality. This requirement
13		shall be satisfied by the consultant or advisor before the
14		commencement of services for the municipality and
15		thereafter whenever any other contracts with those
16		individuals or entities are executed by the consultant or
17		advisor;
18		(1.5) After July 1, 1999, annual administrative costs
19		shall not include general overhead or administrative costs
20		of the municipality that would still have been incurred by
21		the municipality if the municipality had not designated a
22		redevelopment project area or approved a redevelopment
23		plan;
24		(1.6) The cost of marketing sites within the
25		redevelopment project area to prospective businesses,
26		developers, and investors.
27		(2) Property assembly costs within a redevelopment
28		project area, including but not limited to acquisition of
29		land and other real or personal property or rights or
30		interests therein.
31		(3) Site preparation costs, including but not limited
32		to clearance of any area within a redevelopment project
33		area by demolition or removal of any existing buildings,
34		structures, fixtures, utilities and improvements and
35		clearing and grading; and including installation, repair,
36		construction, reconstruction, or relocation of public

1		streets, public utilities, and other public site
2		improvements within or without a redevelopment project
3		area which are essential to the preparation of the
4		redevelopment project area for use in accordance with a
5		redevelopment plan.
6		(4) Costs of renovation, rehabilitation,
7		reconstruction, relocation, repair or remodeling of any
8		existing public or private buildings, improvements, and
9		fixtures within a redevelopment project area; and the cost
10		of replacing an existing public building if pursuant to the
11		implementation of a redevelopment project the existing
12		public building is to be demolished to use the site for
13		private investment or devoted to a different use requiring
14		private investment.
15		(5) Costs of construction within a redevelopment
16		project area of public improvements, including but not
17		limited to, buildings, structures, works, utilities or
18		fixtures, except that on and after the effective date of
19		this amendatory Act of the 91st General Assembly,
20		redevelopment project costs shall not include the cost of
21		constructing a new municipal public building principally
22		used to provide offices, storage space, or conference
23		facilities or vehicle storage, maintenance, or repair for
24		administrative, public safety, or public works personnel
25		and that is not intended to replace an existing public
26		building as provided under paragraph (4) unless either (i)
27		the construction of the new municipal building implements a
28		redevelopment project that was included in a redevelopment
29		plan that was adopted by the municipality prior to the
30		effective date of this amendatory Act of the 91st General
31		Assembly or (ii) the municipality makes a reasonable
32		determination in the redevelopment plan, supported by
33		information that provides the basis for that
34		determination, that the new municipal building is required
35		to meet an increase in the need for public safety purposes
36		anticipated to result from the implementation of the

1		redevelopment plan.
2		(6) Costs of eliminating or removing contaminants and
3		other impediments required by federal or State
4		environmental laws, rules, regulations, and guidelines,
5		orders or other requirements or those imposed by private
6		lending institutions as a condition for approval of their
7		financial support, debt or equity, for the redevelopment
8		projects, provided, however, that in the event (i) other
9		federal or State funds have been certified by an
10		administrative agency as adequate to pay these costs during
11		the 18 months after the adoption of the redevelopment plan,
12		or (ii) the municipality has been reimbursed for such costs
13		by persons legally responsible for them, such federal,
14		State, or private funds shall, insofar as possible, be
15		fully expended prior to the use of any revenues deposited
16		in the special tax allocation fund of the municipality and
17		any other such federal, State or private funds received
18		shall be deposited in the fund. The municipality shall seek
19		reimbursement of these costs from persons legally
20		responsible for these costs and the costs of obtaining this
21		reimbursement.
22		(7) Costs of job training and retraining projects.
23		(8) Financing costs, including but not limited to all
24		necessary and incidental expenses related to the issuance
25		of obligations and which may include payment of interest on
26		any obligations issued under this Act including interest
27		accruing during the estimated period of construction of any
28		redevelopment project for which the obligations are issued
29		and for not exceeding 36 months thereafter and including
30		reasonable reserves related to those costs.
31		(9) All or a portion of a taxing district's capital
32		costs resulting from the redevelopment project necessarily
33		incurred or to be incurred in furtherance of the objectives
34		of the redevelopment plan and project, to the extent the
35		municipality by written agreement accepts and approves
36		those costs.

1		(10) Relocation costs to the extent that a municipality
2		determines that relocation costs shall be paid or is
3		required to make payment of relocation costs by federal or
4		State law.
5		(11) Payments in lieu of taxes.
6		(12) Costs of job training, retraining, advanced
7		vocational education or career education, including but
8		not limited to courses in occupational, semi-technical or
9		technical fields leading directly to employment, incurred
10		by one or more taxing districts, if those costs are: (i)
11		related to the establishment and maintenance of additional
12		job training, advanced vocational education or career
13		education programs for persons employed or to be employed
14		by employers located in a redevelopment project area; and
15		(ii) are incurred by a taxing district or taxing districts
16		other than the municipality and are set forth in a written
17		agreement by or among the municipality and the taxing
18		district or taxing districts, which agreement describes
19		the program to be undertaken, including but not limited to
20		the number of employees to be trained, a description of the
21		training and services to be provided, the number and type
22		of positions available or to be available, itemized costs
23		of the program and sources of funds to pay for the same,
24		and the term of the agreement. These costs include,
25		specifically, the payment by community college districts
26		of costs under Sections 3-37, 3-38, 3-40 and 3-40.1 of the
27		Public Community College Act and by school districts of
28		costs under Sections 10-22.20a and 10-23.3a of the School
29		Code.
30		(13) The interest costs incurred by redevelopers or
31		other nongovernmental persons in connection with a
32		redevelopment project, and specifically including payments
33		to redevelopers or other nongovernmental persons as
34		reimbursement for such costs incurred by such redeveloper
35		or other nongovernmental person, provided that:
36		(A) interest costs shall be paid or reimbursed by a

1		municipality only pursuant to the prior official
2		action of the municipality evidencing an intent to pay
3		or reimburse such interest costs;
4		(B) such payments in any one year may not exceed
5		30% of the annual interest costs incurred by the
6		redeveloper with regard to the redevelopment project
7		during that year;
8		(C) except as provided in subparagraph (E), the
9		aggregate amount of such costs paid or reimbursed by a
10		municipality shall not exceed 30% of the total (i)
11		costs paid or incurred by the redeveloper or other
12		nongovernmental person in that year plus (ii)
13		redevelopment project costs excluding any property
14		assembly costs and any relocation costs incurred by a
15		municipality pursuant to this Act;
16		(D) interest costs shall be paid or reimbursed by a
17		municipality solely from the special tax allocation
18		fund established pursuant to this Act and shall not be
19		paid or reimbursed from the proceeds of any obligations
20		issued by a municipality;
21		(E) if there are not sufficient funds available in
22		the special tax allocation fund in any year to make
23		such payment or reimbursement in full, any amount of
24		such interest cost remaining to be paid or reimbursed
25		by a municipality shall accrue and be payable when
26		funds are available in the special tax allocation fund
27		to make such payment.
28		(14) The costs of construction of new privately owned
29		buildings shall not be an eligible redevelopment project
30		cost.
31		If a special service area has been established under the
32		Special Service Area Tax Act, then any tax increment revenues
33		derived from the tax imposed thereunder to the Special Service
34		Area Tax Act may be used within the redevelopment project area
35		for the purposes permitted by that Act as well as the purposes
36		permitted by this Act.

1		(p) "Redevelopment Planning Area" means an area so
2		designated by a municipality after the municipality has
3		complied with all the findings and procedures required to
4		establish a redevelopment project area, including the
5		existence of conditions that qualify the area as an industrial
6		park conservation area, or an environmentally contaminated
7		area, or a vacant industrial buildings conservation area, or a
8		combination of these types of areas, and adopted a
9		redevelopment plan and project for the planning area and its
10		included redevelopment project areas. The area shall not be
11		designated as a redevelopment planning area for more than 5
12		years. At any time in the 5 years following that designation of
13		the redevelopment planning area, the municipality may
14		designate the redevelopment planning area, or any portion of
15		the redevelopment planning area, as a redevelopment project
16		area without making additional findings or complying with
17		additional procedures required for the creation of a
18		redevelopment project area. An amendment of a redevelopment
19		plan and project in accordance with the findings and procedures
20		of this Act after the designation of a redevelopment planning
21		area at any time within the 5 years after the designation of
22		the redevelopment planning area shall not require new
23		qualification of findings for the redevelopment project area to
24		be designated within the redevelopment planning area.
25		The terms "redevelopment plan", "redevelopment project",
26		and "redevelopment project area" have the definitions set out
27		in subsections (l), (m), and (n), respectively.
28		(q) "Taxing districts" means counties, townships,
29		municipalities, and school, road, park, sanitary, mosquito
30		abatement, forest preserve, public health, fire protection,
31		river conservancy, tuberculosis sanitarium and any other
32		municipal corporations or districts with the power to levy
33		taxes.
34		(r) "Taxing districts' capital costs" means those costs of
35		taxing districts for capital improvements that are found by the
36		municipal corporate authorities to be necessary and a direct

1		result of the redevelopment project.
2		(s) "Urban county" means a county with 240,000 or more
3		inhabitants.
4		(t) "Vacant area", as used in subsection (a) of this
5		Section, means any parcel or combination of parcels of real
6		property without industrial, commercial and residential
7		buildings that has not been used for commercial agricultural
8		purposes within 5 years before the designation of the
9		redevelopment project area, unless that parcel is included in
10		an industrial park conservation area.
11		(Source: P.A. 90-655, eff. 7-30-98; 91-474, eff. 11-1-99;
12		revised 12-6-03.)

13		Section 575. The Metropolitan Pier and Exposition
14		Authority Act is amended by changing Sections 10.1, 13.1, and
15		22.1 as follows:
16		(70 ILCS 210/10.1) (from Ch. 85, par. 1230.1)
17		Sec. 10.1. (a) The Authority is hereby authorized to
18		provide for the issuance, from time to time, of refunding or
19		advance refunding bonds for the purpose of refunding any bonds
20		or notes then outstanding (herein collectively referred to as
21		bonds) at or prior to maturity or on any redemption date,
22		whether an entire issue or series, or one or more issues or
23		series, or any portions or parts of any issue or series, which
24		shall have been issued under the provisions of this Act.
25		(b) The proceeds of any such refunding bonds may be used to
26		carry out one or more of the following purposes:
27		(1) To pay the principal amount of all outstanding
28		bonds to be retired at maturity or redeemed prior to
29		maturity;
30		(2) To pay the total amount of any redemption premium
31		incident to redemption of such outstanding bonds to be
32		refunded;
33		(3) To pay the total amount of any interest accrued or
34		to accrue to the date or dates of redemption or maturity of

1		such outstanding bonds to be refunded;
2		(4) To pay any and all costs or expenses incident to
3		such refunding;
4		(5) To establish reserves for the payment of such
5		refunding bonds and the interest thereon.
6		(c) The issuance of refunding bonds, the maturities and
7		other details thereof, the rights of the holders thereof and
8		the rights, duties and obligations of the Authority in respect
9		of the same shall be governed by the provisions of this Act,
10		insofar as the same may be applicable, and may in harmony
11		therewith be augmented or supplemented by resolution or
12		ordinance to conform to the facts and circumstances prevailing
13		in each instance of issuance of such refunding bonds; provided
14		that, with respect to refunding or advance refunding bonds
15		issued before January 1, 1991, the Authority shall consult with
16		the Illinois Governor's Office of Management and Budget
17		(formerly Bureau of the Budget) to develop the structure of the
18		proposed transaction.
19		After the adoption by the Board of an ordinance authorizing
20		the issuance of such refunding bonds before January 1, 1991,
21		and the execution of any proposal or contract relating to the
22		sale thereof, the Authority shall prepare and deliver a report
23		as soon as practical to the Director of the Governor's Office
24		of Management and Budget (formerly Bureau of the Budget), the
25		President of the Senate, the Minority Leader of the Senate, the
26		Speaker of the House of Representatives and the Minority Leader
27		of the House of Representatives setting forth the amount of
28		refunding bonds, the interest rate or rates, a schedule of
29		estimated debt service requirements, the projected cost
30		savings to the State, the method or manner of the sale and any
31		participants therein, including underwriters, financial
32		advisors, attorneys, accountants, trustees, printers,
33		registrars and paying agents.
34		(d) With reference to the investment of the proceeds of any
35		such refunding bonds, the interest on which is exempt from tax
36		under federal law, the Authority shall not authorize or

1		anticipate investment earnings exceeding such as are
2		authorized or permitted under prevailing federal laws,
3		regulations and administrative rulings relating to arbitrage
4		bonds.
5		(e) The proceeds of any such refunding bonds (together with
6		any other funds available for application to refunding
7		purposes, if so provided or permitted by ordinance authorizing
8		the issuance of such refunding bonds or in a trust agreement
9		securing the same) may be placed in trust to be applied to the
10		purchase, retirement at maturity or redemption of the bonds to
11		be refunded on such dates as may be determined by the
12		Authority. Pending application thereof, the proceeds of such
13		refunding bonds and such other available funds, if any, may be
14		invested in direct obligations of, or obligations the principal
15		thereof and the interest on which are unconditionally
16		guaranteed by, the United States of America which shall mature,
17		or which shall be subject to redemption by the holder thereof
18		at its option not later than the respective date or dates when
19		such proceeds and other available funds, if any, (either
20		together with the interest accruing thereon or without
21		considering the interest accruing thereon) will be required for
22		the refunding purpose intended or authorized.
23		(f) Upon the deposit of the proceeds of the refunding bonds
24		(together with any other funds available for application to
25		refunding purposes, if so provided or permitted by ordinance
26		authorizing the issuance of such refunding bonds or in a trust
27		agreement securing the same) in an irrevocable trust pursuant
28		to a trust agreement with a trustee requiring the trustee to
29		satisfy the obligations of the Authority to timely redeem and
30		retire the outstanding bonds for which the proceeds and other
31		funds, if any, are deposited, in an amount sufficient to
32		satisfy the obligation of the Authority to timely redeem and
33		retire such outstanding bonds or upon the deposit in such
34		irrevocable trust of direct obligations which, or obligations
35		the principal and interest of which, are unconditionally
36		guaranteed by the United States of America, in an amount

1		sufficient to pay all principal and all interest accrued and to
2		be accrued in respect of the bonds to be refunded from the
3		reinvestment of such principal and interest, or in such amounts
4		so that upon maturity (or upon optional redemption by the
5		trustee) of such obligations amounts will be produced, taking
6		into account investment earnings, on a timely basis sufficient
7		to satisfy the obligations of the Authority to timely redeem
8		and retire such outstanding bonds, and notwithstanding any
9		provision of any ordinance or trust agreement authorizing the
10		issuance of such outstanding bonds to the contrary, such
11		outstanding bonds shall be deemed paid and no longer be deemed
12		to be outstanding for purposes of such ordinance or trust
13		agreement, and all rights and obligations of the bond holders
14		and the Authority under such prior ordinance or trust agreement
15		shall be deemed discharged, provided, however, that the holders
16		of such outstanding bonds shall have an irrevocable and
17		unconditional right to payment in full of all principal of and
18		premium if any and interest on such outstanding bonds when due
19		from the amounts on deposit in such trust. The trustee shall be
20		any trust company or bank in the State of Illinois having the
21		power of a trust company possessing capital and surplus of not
22		less than $100,000,000.
23		(g) Bond proceeds on deposit in the construction fund, are
24		authorized to be used to pay principal or interest on the
25		refunded bonds and the Authority is authorized to issue bonds
26		for the purpose of reimbursing its construction fund in the
27		amount of the bond proceeds used in connection with the
28		refunding issuance. That portion of the bond proceeds used to
29		reimburse the construction fund shall be deemed refunding bonds
30		for the purposes of this Act.
31		(Source: P.A. 87-733; revised 8-23-03.)
32		(70 ILCS 210/13.1) (from Ch. 85, par. 1233.1)
33		Sec. 13.1. There is hereby created the Metropolitan Fair
34		and Exposition Authority Improvement Bond Fund and the
35		Metropolitan Fair and Exposition Authority Completion Note

1		Subordinate Fund in the State Treasury. All moneys transferred
2		from the McCormick Place Account in the Build Illinois Fund to
3		the Metropolitan Fair and Exposition Authority Improvement
4		Bond Fund and all moneys transferred from the Metropolitan Fair
5		and Exposition Authority Improvement Bond Fund to the
6		Metropolitan Fair and Exposition Authority Completion Note
7		Subordinate Fund may be appropriated by law for the purpose of
8		paying the debt service requirements on all bonds and notes
9		issued under this Section, including refunding bonds, (herein
10		collectively referred to as bonds) to be issued by the
11		Authority subsequent to July 1, 1984 in an aggregate amount
12		(excluding the amount of any refunding bonds issued by the
13		Authority subsequent to January 1, 1986), not to exceed
14		$312,500,000, with such aggregate amount comprised of (i) an
15		amount not to exceed $259,000,000 for the purpose of paying
16		costs of the Project and (ii) the balance for the purpose of
17		refunding those bonds of the Authority that were issued prior
18		to July 1, 1984 and for the purpose of establishing necessary
19		reserves on, paying capitalized interest on, and paying costs
20		of issuance of bonds, other than refunding bonds issued
21		subsequent to January 1, 1986, issued for those purposes,
22		provided that any proceeds of bonds, other than refunding bonds
23		issued subsequent to January 1, 1986, and interest or other
24		investment earnings thereon not used for the purposes stated in
25		items (i) and (ii) above shall be used solely to redeem
26		outstanding bonds, other than bonds which have been refunded or
27		advance refunded, of the Authority. The Authority will use its
28		best efforts to cause all bonds issued pursuant to this
29		Section, other than bonds which have been refunded or advance
30		refunded, to be or to become on a parity with one another.
31		Notwithstanding any provision of any prior ordinance or trust
32		agreement authorizing the issuance of outstanding bonds
33		payable or to become payable from the Metropolitan Fair and
34		Exposition Authority Improvement Bond Fund, refunding or
35		advance refunding bonds may be issued subsequent to January 1,
36		1986, payable from the Metropolitan Fair and Exposition

1		Authority Improvement Bond Fund on a parity with any such prior
2		bonds which remain outstanding provided, that in the event of
3		any such partial refunding (i) the debt service requirements
4		after such refunding for all bonds payable from the
5		Metropolitan Fair and Exposition Authority Improvement Bond
6		Fund issued after July 1, 1984, by the Authority which shall be
7		outstanding after such refunding shall not have been increased
8		by reason of such refunding in any then current or future
9		fiscal year in which such prior outstanding bonds shall remain
10		outstanding and (ii) such parity refunding bonds shall be
11		deemed to be parity bonds issued to pay costs of the Project
12		for purposes of such prior ordinance or trust agreement. It is
13		hereby found and determined that (i) the issuance of such
14		parity refunding bonds shall further the purposes of this Act
15		and (ii) the contractual rights of the bondholders under any
16		such prior ordinance or trust agreement will not be impaired or
17		adversely affected by such issuance.
18		No amounts in excess of the sum of $250,000,000 plus all
19		interest and other investment income earned prior to the
20		effective date of this amendatory Act of 1985 on all proceeds
21		of all bonds issued for the purpose of paying costs of the
22		Project shall be obligated or expended with respect to the
23		costs of the Project without prior written approval from the
24		Director of the Governor's Office of Management and Budget
25		Bureau of the Budget. Such approval shall be based upon factors
26		including, but not limited to, the necessity, in relation to
27		the Authority's ability to complete the Project and open the
28		facility to the public in a timely manner, of incurring the
29		costs, and the appropriateness of using bond funds for such
30		purpose. The Director of the Governor's Office of Management
31		and Budget Bureau of the Budget may, in his discretion,
32		consider other reasonable factors in determining whether to
33		approve payment of costs of the Project. The Authority shall
34		furnish to the Governor's Office of Management and Budget
35		Bureau of the Budget such information as may from time to time
36		be requested. The Director of the Governor's Office of

1		Management and Budget Bureau of the Budget or any duly
2		authorized employee of the Governor's Office of Management and
3		Budget Bureau of the Budget shall, for the purpose of securing
4		such information, have access to, and the right to examine, all
5		books, documents, papers and records of the Authority.
6		On the first day of each month commencing after July of
7		1984, moneys, if any, on deposit in the Metropolitan Fair and
8		Exposition Authority Improvement Bond Fund shall, subject to
9		appropriation by law, be paid in full to the Authority or upon
10		its direction to the trustee or trustees for bond holders of
11		bonds which by their terms are payable from the moneys received
12		from the Metropolitan Fair and Exposition Authority
13		Improvement Bond Fund issued by the Metropolitan Pier and
14		Exposition Authority subsequent to July 1, 1984, for the
15		purposes specified in the first paragraph of this Section and
16		in Section 10.1 of this Act, such trustee or trustees having
17		been designated pursuant to ordinance of the Authority, until
18		an amount equal to 100% of the aggregate amount of such
19		principal and interest in such fiscal year, including pursuant
20		to sinking fund requirements, has been so paid and deficiencies
21		in reserves established from bond proceeds shall have been
22		remedied.
23		On the first day of each month commencing after October of
24		1985, moneys, if any, on deposit in the Metropolitan Fair and
25		Exposition Authority Completion Note Subordinate Fund shall,
26		subject to appropriation by law, be paid in full to the
27		Authority or upon its direction to the trustee or trustees for
28		bond holders of bonds issued by the Metropolitan Pier and
29		Exposition Authority subsequent to September of 1985 which by
30		their terms are payable from moneys received from the
31		Metropolitan Fair and Exposition Authority Completion Note
32		Subordinate Fund for the purposes specified in the first
33		paragraph of this Section and in Section 10.1 of this Act, such
34		trustee or trustees having been designated pursuant to
35		ordinance of the Authority, until an amount equal to 100% of
36		the aggregate amount of such principal and interest in such

1		fiscal year, including pursuant to sinking fund requirements,
2		has been so paid and deficiencies in reserves established from
3		bond proceeds shall have been remedied.
4		The State of Illinois pledges to and agrees with the
5		holders of the bonds of the Metropolitan Pier and Exposition
6		Authority issued pursuant to this Section that the State will
7		not limit or alter the rights and powers vested in the
8		Metropolitan Pier and Exposition Authority by this Act so as to
9		impair the terms of any contract made by the Metropolitan Pier
10		and Exposition Authority with such holders or in any way impair
11		the rights and remedies of such holders until such bonds,
12		together with interest thereon, with interest on any unpaid
13		installments of interest, and all costs and expenses in
14		connection with any action or proceedings by or on behalf of
15		such holders, are fully met and discharged. In addition, the
16		State pledges to and agrees with the holders of the bonds of
17		the Metropolitan Pier and Exposition Authority issued pursuant
18		to this Act that the State will not limit or alter the basis on
19		which State funds are to be paid to the Metropolitan Pier and
20		Exposition Authority as provided in this Act, or the use of
21		such funds, so as to impair the terms of any such contract. The
22		Metropolitan Pier and Exposition Authority is authorized to
23		include these pledges and agreements of the State in any
24		contract with the holders of bonds issued pursuant to this
25		Section.
26		The State shall not be liable on bonds of the Metropolitan
27		Pier and Exposition Authority issued under this Act, and such
28		bonds shall not be a debt of the State, nor shall this Act be
29		construed as a guarantee by the State of the debts of the
30		Metropolitan Pier and Exposition Authority. The bonds shall
31		contain a statement to such effect on the face thereof.
32		(Source: P.A. 86-17; 87-733; revised 8-23-03.)
33		(70 ILCS 210/22.1) (from Ch. 85, par. 1242.1)
34		Sec. 22.1. The Authority shall pass all ordinances and make
35		all rules and regulations necessary to assure equal access for

1		economically disadvantaged persons, including but not limited
2		to persons eligible for assistance pursuant to the Job Training
3		Partnership Act, to all positions of employment provided for by
4		the Authority pursuant to Section 22 and to all positions of
5		employment with any person performing any work for the
6		Authority. The Authority shall submit a detailed employment
7		report not later than March 1 of each year to the General
8		Assembly. The Department of Commerce and Economic Opportunity
9		Community Affairs shall monitor the Authority's compliance
10		with this Section.
11		(Source: P.A. 83-1129; revised 12-6-03.)

12		Section 580. The Quad Cities Regional Economic Development
13		Authority Act, approved September 22, 1987 is amended by
14		changing Sections 4 and 19 as follows:
15		(70 ILCS 510/4) (from Ch. 85, par. 6204)
16		Sec. 4. (a) There is hereby created a political
17		subdivision, body politic and municipal corporation named the
18		Quad Cities Regional Economic Development Authority. The
19		territorial jurisdiction of the Authority is that geographic
20		area within the boundaries of Rock Island, Henry, Knox, and
21		Mercer counties in the State of Illinois and any navigable
22		waters and air space located therein.
23		(b) The governing and administrative powers of the
24		Authority shall be vested in a body consisting of 11 members
25		including, as an ex officio member, the Director of the
26		Department of Commerce and Economic Opportunity Community
27		Affairs, or his or her designee. The other 10 members of the
28		Authority shall be designated "public members", 6 of whom shall
29		be appointed by the Governor with the advice and consent of the
30		Senate. Of the 6 members appointed by the Governor, one shall
31		be from a city within the Authority's territory with a
32		population of 25,000 or more and the remainder shall be
33		appointed at large. Of the 6 members appointed by the Governor,
34		2 members shall have business or finance experience. One member

1		shall be appointed by each of the county board chairmen of Rock
2		Island, Henry, Knox, and Mercer Counties with the advice and
3		consent of the respective county board. All public members
4		shall reside within the territorial jurisdiction of this Act.
5		Six members shall constitute a quorum. The public members shall
6		be persons of recognized ability and experience in one or more
7		of the following areas: economic development, finance,
8		banking, industrial development, small business management,
9		real estate development, community development, venture
10		finance, organized labor or civic, community or neighborhood
11		organization. The Chairman of the Authority shall be a public
12		member elected by the affirmative vote of not fewer than 6
13		members of the Authority. The term of the Chairman shall be one
14		year.
15		(c) The terms of all members of the Authority shall begin
16		30 days after the effective date of this Act, except (i) the
17		terms of those members added by this amendatory Act of 1989
18		shall begin 30 days after the effective date of this amendatory
19		Act of 1989 and (ii) the terms of those members added by this
20		amendatory Act of the 92nd General Assembly shall begin 30 days
21		after the effective date of this amendatory Act of the 92nd
22		General Assembly. Of the 10 public members appointed pursuant
23		to this Act, 2 (one of whom shall be appointed by the Governor)
24		shall serve until the third Monday in January, 1989, 2 (one of
25		whom shall be appointed by the Governor) shall serve until the
26		third Monday in January, 1990, 2 (one of whom shall be
27		appointed by the Governor) shall serve until the third Monday
28		in January, 1991, 2 (both of whom shall be appointed by the
29		Governor) shall serve until the third Monday in January, 1992,
30		and 2 (one of whom shall be appointed by the Governor and one
31		of whom shall be appointed by the county board chairman of Knox
32		County) shall serve until the third Monday in January, 2004.
33		The initial terms of the members appointed by the county board
34		chairmen (other than the county board chairman of Knox County)
35		shall be determined by lot. All successors shall be appointed
36		by the original appointing authority and hold office for a term

1		of 3 years commencing the third Monday in January of the year
2		in which their term commences, except in case of an appointment
3		to fill a vacancy. Vacancies occurring among the public members
4		shall be filled for the remainder of the term. In case of
5		vacancy in a Governor-appointed membership when the Senate is
6		not in session, the Governor may make a temporary appointment
7		until the next meeting of the Senate when a person shall be
8		nominated to fill such office, and any person so nominated who
9		is confirmed by the Senate shall hold office during the
10		remainder of the term and until a successor shall be appointed
11		and qualified. Members of the Authority shall not be entitled
12		to compensation for their services as members but shall be
13		entitled to reimbursement for all necessary expenses incurred
14		in connection with the performance of their duties as members.
15		(d) The Governor may remove any public member of the
16		Authority appointed by the Governor in case of incompetency,
17		neglect of duty, or malfeasance in office. The Chairman of a
18		county board may remove any public member of the Authority
19		appointed by such Chairman in the case of incompetency, neglect
20		of duty, or malfeasance in office.
21		(e) The Board shall appoint an Executive Director who shall
22		have a background in finance, including familiarity with the
23		legal and procedural requirements of issuing bonds, real estate
24		or economic development and administration. The Executive
25		Director shall hold office at the discretion of the Board. The
26		Executive Director shall be the chief administrative and
27		operational officer of the Authority, shall direct and
28		supervise its administrative affairs and general management,
29		shall perform such other duties as may be prescribed from time
30		to time by the members and shall receive compensation fixed by
31		the Authority. The Authority may engage the services of such
32		other agents and employees, including attorneys, appraisers,
33		engineers, accountants, credit analysts and other consultants,
34		as it may deem advisable and may prescribe their duties and fix
35		their compensation.
36		(f) The Board shall create a task force to study and make

1		recommendations to the Board on the economic development of the
2		territory within the jurisdiction of this Act. The number of
3		members constituting the task force shall be set by the Board
4		and may vary from time to time. The Board may set a specific
5		date by which the task force is to submit its final report and
6		recommendations to the Board.
7		(Source: P.A. 92-63, eff. 7-12-01; revised 12-6-03.)
8		(70 ILCS 510/19) (from Ch. 85, par. 6219)
9		Sec. 19. Civic Center. The Authority shall commence a study
10		to determine the feasibility of a civic center or other public
11		assembly hall or arena to be located within the territorial
12		jurisdiction of the Authority. This report shall address, at a
13		minimum, marketing analysis, site availability, competition,
14		funding sources available from the Department of Commerce and
15		Economic Opportunity Community Affairs, and other matters
16		deemed appropriate by the board.
17		(Source: P.A. 85-713; revised 12-6-03.)

18		Section 585. The Quad Cities Regional Economic Development
19		Authority Act, certified December 30, 1987 is amended by
20		changing Section 4 as follows:
21		(70 ILCS 515/4) (from Ch. 85, par. 6504)
22		Sec. 4. (a) There is hereby created a political
23		subdivision, body politic and municipal corporation named the
24		Quad Cities Regional Economic Development Authority. The
25		territorial jurisdiction of the Authority is that geographic
26		area within the boundaries of Rock Island, Henry and Mercer
27		counties in the State of Illinois and any navigable waters and
28		air space located therein.
29		(b) The governing and administrative powers of the
30		Authority shall be vested in a body consisting of 7 members
31		including, as an ex officio member, the Director of the
32		Department of Commerce and Economic Opportunity Community
33		Affairs, or his or her designee. The other 8 members of the

1		Authority shall be designated "public members", 3 of whom shall
2		be appointed by the Governor with the advice and consent of the
3		Senate. Of the 3 members appointed by the Governor, one shall
4		be from a city within the Authority's territory with a
5		population of 25,000 or more and the remainder shall be
6		appointed at large. One member shall be appointed by each of
7		the county board chairmen of Rock Island, Henry and Mercer
8		counties with the advice and consent of the respective county
9		board. All public members shall reside within the territorial
10		jurisdiction of this Act. Four members shall constitute a
11		quorum. The public members shall be persons of recognized
12		ability and experience in one or more of the following areas:
13		economic development, finance, banking, industrial
14		development, small business management, real estate
15		development, community development, venture finance, organized
16		labor or civic, community or neighborhood organization. The
17		Chairman of the Authority shall be a public member elected by
18		the affirmative vote of not fewer than 4 members of the
19		Authority. The term of the Chairman shall be one year.
20		(c) The terms of all members of the Authority shall begin
21		30 days after the effective date of this Act. Of the 6 public
22		members appointed pursuant to this Act, 2 (one of whom shall be
23		appointed by the Governor) shall serve until the third Monday
24		in January, 1989, 2 (one of whom shall be appointed by the
25		Governor) shall serve until the third Monday in January, 1990,
26		and 2 (one of whom shall be appointed by the Governor) shall
27		serve until the third Monday in January, 1991. The initial
28		terms of the members appointed by the county board chairmen
29		shall be determined by lot. All successors shall be appointed
30		by the original appointing authority and hold office for a term
31		of 3 years commencing the third Monday in January of the year
32		in which their term commences, except in case of an appointment
33		to fill a vacancy. Vacancies occurring among the public members
34		shall be filled for the remainder of the term. In case of
35		vacancy in a Governor-appointed membership when the Senate is
36		not in session, the Governor may make a temporary appointment

1		until the next meeting of the Senate when a person shall be
2		nominated to fill such office, and any person so nominated who
3		is confirmed by the Senate shall hold office during the
4		remainder of the term and until a successor shall be appointed
5		and qualified. Members of the Authority shall not be entitled
6		to compensation for their services as members but shall be
7		entitled to reimbursement for all necessary expenses incurred
8		in connection with the performance of their duties as members.
9		(d) The Governor may remove any public member of the
10		Authority appointed by the Governor in case of incompetency,
11		neglect of duty, or malfeasance in office. The Chairman of a
12		county board may remove any public member of the Authority
13		appointed by such Chairman in the case of incompetency, neglect
14		of duty, or malfeasance in office.
15		(e) The Board shall appoint an Executive Director who shall
16		have a background in finance, including familiarity with the
17		legal and procedural requirements of issuing bonds, real estate
18		or economic development and administration. The Executive
19		Director shall hold office at the discretion of the Board. The
20		Executive Director shall be the chief administrative and
21		operational officer of the Authority, shall direct and
22		supervise its administrative affairs and general management,
23		shall perform such other duties as may be prescribed from time
24		to time by the members and shall receive compensation fixed by
25		the Authority. The Authority may engage the services of such
26		other agents and employees, including attorneys, appraisers,
27		engineers, accountants, credit analysts and other consultants,
28		as it may deem advisable and may prescribe their duties and fix
29		their compensation.
30		(f) The Board shall create a task force to study and make
31		recommendations to the Board on the economic development of the
32		territory within the jurisdiction of this Act. The number of
33		members constituting the task force shall be set by the Board
34		and may vary from time to time. The Board may set a specific
35		date by which the task force is to submit its final report and
36		recommendations to the Board.

1		(Source: P.A. 85-988; revised 12-6-03.)

2		Section 590. The Southwestern Illinois Development
3		Authority Act is amended by changing Section 4 as follows:
4		(70 ILCS 520/4) (from Ch. 85, par. 6154)
5		Sec. 4. (a) There is hereby created a political
6		subdivision, body politic and municipal corporation named the
7		Southwestern Illinois Development Authority. The territorial
8		jurisdiction of the Authority is that geographic area within
9		the boundaries of Madison, St. Clair, and Clinton counties in
10		the State of Illinois and any navigable waters and air space
11		located therein.
12		(b) The governing and administrative powers of the
13		Authority shall be vested in a body consisting of 11 members
14		including, as ex officio members, the Director of the
15		Department of Commerce and Economic Opportunity Community
16		Affairs, or his or her designee, and the Director of the
17		Department of Central Management Services, or his or her
18		designee. The other 9 members of the Authority shall be
19		designated "public members", 4 of whom shall be appointed by
20		the Governor with the advice and consent of the Senate, 2 of
21		whom shall be appointed by the county board chairman of Madison
22		County, 2 of whom shall be appointed by the county board
23		chairman of St. Clair County, and one of whom shall be
24		appointed by the county board chairman of Clinton County. All
25		public members shall reside within the territorial
26		jurisdiction of this Act. Six members shall constitute a
27		quorum. The public members shall be persons of recognized
28		ability and experience in one or more of the following areas:
29		economic development, finance, banking, industrial
30		development, small business management, real estate
31		development, community development, venture finance, organized
32		labor or civic, community or neighborhood organization. The
33		Chairman of the Authority shall be elected by the Board
34		annually from the 4 members appointed by the county board

1		chairmen.
2		(c) The terms of all members of the Authority shall begin
3		30 days after the effective date of this Act. Of the 8 public
4		members appointed pursuant to this Act, 3 shall serve until the
5		third Monday in January, 1988, 3 shall serve until the third
6		Monday in January, 1989, and 2 shall serve until the third
7		Monday in January, 1990. All successors shall be appointed by
8		the original appointing authority and hold office for a term of
9		3 years commencing the third Monday in January of the year in
10		which their term commences, except in case of an appointment to
11		fill a vacancy. Vacancies occurring among the public members
12		shall be filled for the remainder of the term. In case of
13		vacancy in a Governor-appointed membership when the Senate is
14		not in session, the Governor may make a temporary appointment
15		until the next meeting of the Senate when a person shall be
16		nominated to fill such office, and any person so nominated who
17		is confirmed by the Senate shall hold office during the
18		remainder of the term and until a successor shall be appointed
19		and qualified. Members of the Authority shall not be entitled
20		to compensation for their services as members but shall be
21		entitled to reimbursement for all necessary expenses incurred
22		in connection with the performance of their duties as members.
23		(d) The Governor may remove any public member of the
24		Authority in case of incompetency, neglect of duty, or
25		malfeasance in office.
26		(e) The Board shall appoint an Executive Director who shall
27		have a background in finance, including familiarity with the
28		legal and procedural requirements of issuing bonds, real estate
29		or economic development and administration. The Executive
30		Director shall hold office at the discretion of the Board. The
31		Executive Director shall be the chief administrative and
32		operational officer of the Authority, shall direct and
33		supervise its administrative affairs and general management,
34		shall perform such other duties as may be prescribed from time
35		to time by the members and shall receive compensation fixed by
36		the Authority. The Executive Director shall attend all meetings

1		of the Authority; however, no action of the Authority shall be
2		invalid on account of the absence of the Executive Director
3		from a meeting. The Authority may engage the services of such
4		other agents and employees, including attorneys, appraisers,
5		engineers, accountants, credit analysts and other consultants,
6		as it may deem advisable and may prescribe their duties and fix
7		their compensation.
8		(f) The Board may, by majority vote, nominate up to 4
9		non-voting members for appointment by the Governor. Non-voting
10		members shall be persons of recognized ability and experience
11		in one or more of the following areas: economic development,
12		finance, banking, industrial development, small business
13		management, real estate development, community development,
14		venture finance, organized labor or civic, community or
15		neighborhood organization. Non-voting members shall serve at
16		the pleasure of the Board. All non-voting members may attend
17		meetings of the Board and shall be reimbursed as provided in
18		subsection (c).
19		(g) The Board shall create a task force to study and make
20		recommendations to the Board on the economic development of the
21		city of East St. Louis and on the economic development of the
22		riverfront within the territorial jurisdiction of this Act. The
23		members of the task force shall reside within the territorial
24		jurisdiction of this Act, shall serve at the pleasure of the
25		Board and shall be persons of recognized ability and experience
26		in one or more of the following areas: economic development,
27		finance, banking, industrial development, small business
28		management, real estate development, community development,
29		venture finance, organized labor or civic, community or
30		neighborhood organization. The number of members constituting
31		the task force shall be set by the Board and may vary from time
32		to time. The Board may set a specific date by which the task
33		force is to submit its final report and recommendations to the
34		Board.
35		(Source: P.A. 93-602, eff. 11-18-03; revised 12-6-03.)

1		Section 595. The Tri-County River Valley Development
2		Authority Law is amended by changing Section 2004 as follows:
3		(70 ILCS 525/2004) (from Ch. 85, par. 7504)
4		Sec. 2004. Establishment.
5		(a) There is hereby created a political subdivision, body
6		politic and municipal corporation named the Tri-County River
7		Valley Development Authority. The territorial jurisdiction of
8		the Authority is that geographic area within the boundaries of
9		Peoria, Tazewell and Woodford counties in the State of Illinois
10		and any navigable waters and air space located therein.
11		(b) The governing and administrative powers of the
12		Authority shall be vested in a body consisting of 11 members
13		including, as ex officio members, the Director of Commerce and
14		Economic Opportunity Community Affairs, or his or her designee,
15		and the Director of Natural Resources, or that Director's
16		designee. The other 9 members of the Authority shall be
17		designated "public members", 3 of whom shall be appointed by
18		the Governor, 3 of whom shall be appointed one each by the
19		county board chairmen of Peoria, Tazewell and Woodford counties
20		and 3 of whom shall be appointed one each by the city councils
21		of East Peoria, Pekin and Peoria. All public members shall
22		reside within the territorial jurisdiction of this Act. Six
23		members shall constitute a quorum. The public members shall be
24		persons of recognized ability and experience in one or more of
25		the following areas: economic development, finance, banking,
26		industrial development, small business management, real estate
27		development, community development, venture finance, organized
28		labor or civic, community or neighborhood organization. The
29		Chairman of the Authority shall be elected by the Board
30		annually from the 6 members appointed by the county board
31		chairmen and city councils.
32		(c) The terms of all members of the Authority shall begin
33		30 days after the effective date of this Article. Of the 9
34		public members appointed pursuant to this Act, 3 shall serve
35		until the third Monday in January 1992, 3 shall serve until the

1		third Monday in January 1993, and 3 shall serve until the third
2		Monday in January 1994. All successors shall be appointed by
3		the original appointing authority and hold office for a term of
4		3 years commencing the third Monday in January of the year in
5		which their term commences, except in case of an appointment to
6		fill a vacancy. Vacancies occurring among the public members
7		shall be filled for the remainder of the term. In case of
8		vacancy in a Governor-appointed membership when the Senate is
9		not in session, the Governor may make a temporary appointment
10		until the next meeting of the Senate when a person shall be
11		nominated to fill such office, and any person so nominated who
12		is confirmed by the Senate shall hold office during the
13		remainder of the term and until a successor shall be appointed
14		and qualified. Members of the Authority shall not be entitled
15		to compensation for their services as members but may be
16		reimbursed for all necessary expenses incurred in connection
17		with the performance of their duties as members.
18		(d) The Governor may remove any public member of the
19		Authority in case of incompetency, neglect of duty, or
20		malfeasance in office.
21		(e) The Board may appoint an Executive Director who shall
22		have a background in finance, including familiarity with the
23		legal and procedural requirements of issuing bonds, real estate
24		or economic development and administration. The Executive
25		Director shall hold office at the discretion of the Board. The
26		Executive Director shall be the chief administrative and
27		operational officer of the Authority, shall direct and
28		supervise its administrative affairs and general management,
29		shall perform such other duties as may be prescribed from time
30		to time by the members and shall receive compensation fixed by
31		the Authority. The Executive Director shall attend all meetings
32		of the Authority; however, no action of the Authority shall be
33		invalid on account of the absence of the Executive Director
34		from a meeting. The Authority may engage the services of such
35		other agents and employees, including attorneys, appraisers,
36		engineers, accountants, credit analysts and other consultants,

1		as it may deem advisable and may prescribe their duties and fix
2		their compensation.
3		(f) The Board may, by majority vote, nominate up to 4
4		non-voting members for appointment by the Governor. Non-voting
5		members shall be persons of recognized ability and experience
6		in one or more of the following areas: economic development,
7		finance, banking, industrial development, small business
8		management, real estate development, community development,
9		venture finance, organized labor or civic, community or
10		neighborhood organization. Non-voting members shall serve at
11		the pleasure of the Board. All non-voting members may attend
12		meetings of the Board and may be reimbursed as provided in
13		subsection (c).
14		(g) The Board shall create a task force to study and make
15		recommendations to the Board on the economic development of the
16		territory within the jurisdiction of this Act. The members of
17		the task force shall reside within the territorial jurisdiction
18		of this Article, shall serve at the pleasure of the Board and
19		shall be persons of recognized ability and experience in one or
20		more of the following areas: economic development, finance,
21		banking, industrial development, small business management,
22		real estate development, community development, venture
23		finance, organized labor or civic, community or neighborhood
24		organization. The number of members constituting the task force
25		shall be set by the Board and may vary from time to time. The
26		Board may set a specific date by which the task force is to
27		submit its final report and recommendations to the Board.
28		(Source: P.A. 89-445, eff. 2-7-96; 90-655, eff. 7-30-98;
29		revised 12-6-03.)

30		Section 600. The Upper Illinois River Valley Development
31		Authority Act is amended by changing Section 4 as follows:
32		(70 ILCS 530/4) (from Ch. 85, par. 7154)
33		Sec. 4. Establishment.
34		(a) There is hereby created a political subdivision, body

1		politic and municipal corporation named the Upper Illinois
2		River Valley Development Authority. The territorial
3		jurisdiction of the Authority is that geographic area within
4		the boundaries of Grundy, LaSalle, Bureau, Putnam, Kendall,
5		Kane, McHenry, and Marshall counties in the State of Illinois
6		and any navigable waters and air space located therein.
7		(b) The governing and administrative powers of the
8		Authority shall be vested in a body consisting of 20 members
9		including, as ex officio members, the Director of the
10		Department of Commerce and Economic Opportunity Community
11		Affairs, or his or her designee, and the Director of the
12		Department of Central Management Services, or his or her
13		designee. The other 18 members of the Authority shall be
14		designated "public members", 10 of whom shall be appointed by
15		the Governor with the advice and consent of the Senate and 8 of
16		whom shall be appointed one each by the county board chairmen
17		of Grundy, LaSalle, Bureau, Putnam, Kendall, Kane, McHenry, and
18		Marshall counties. All public members shall reside within the
19		territorial jurisdiction of this Act. Eleven members shall
20		constitute a quorum. The public members shall be persons of
21		recognized ability and experience in one or more of the
22		following areas: economic development, finance, banking,
23		industrial development, small business management, real estate
24		development, community development, venture finance, organized
25		labor or civic, community or neighborhood organization. The
26		Chairman of the Authority shall be elected by the Board
27		annually from the 8 members appointed by the county board
28		chairmen.
29		(c) The terms of all initial members of the Authority shall
30		begin 30 days after the effective date of this Act. Of the 14
31		public members appointed pursuant to this Act, 4 appointed by
32		the Governor shall serve until the third Monday in January,
33		1992, 4 appointed by the Governor shall serve until the third
34		Monday in January, 1993, one appointed by the Governor shall
35		serve until the third Monday in January, 1994, one appointed by
36		the Governor shall serve until the third Monday in January

1		1999, the member appointed by the county board chairman of
2		LaSalle County shall serve until the third Monday in January,
3		1992, the members appointed by the county board chairmen of
4		Grundy County, Bureau County, Putnam County, and Marshall
5		County shall serve until the third Monday in January, 1994, and
6		the member appointed by the county board chairman of Kendall
7		County shall serve until the third Monday in January, 1999. The
8		initial members appointed by the chairmen of the county boards
9		of Kane and McHenry counties shall serve until the third Monday
10		in January, 2003. All successors shall be appointed by the
11		original appointing authority and hold office for a term of 3
12		years commencing the third Monday in January of the year in
13		which their term commences, except in case of an appointment to
14		fill a vacancy. Vacancies occurring among the public members
15		shall be filled for the remainder of the term. In case of
16		vacancy in a Governor-appointed membership when the Senate is
17		not in session, the Governor may make a temporary appointment
18		until the next meeting of the Senate when a person shall be
19		nominated to fill such office, and any person so nominated who
20		is confirmed by the Senate shall hold office during the
21		remainder of the term and until a successor shall be appointed
22		and qualified. Members of the Authority shall not be entitled
23		to compensation for their services as members but shall be
24		entitled to reimbursement for all necessary expenses incurred
25		in connection with the performance of their duties as members.
26		(d) The Governor may remove any public member of the
27		Authority in case of incompetency, neglect of duty, or
28		malfeasance in office.
29		(e) The Board shall appoint an Executive Director who shall
30		have a background in finance, including familiarity with the
31		legal and procedural requirements of issuing bonds, real estate
32		or economic development and administration. The Executive
33		Director shall hold office at the discretion of the Board. The
34		Executive Director shall be the chief administrative and
35		operational officer of the Authority, shall direct and
36		supervise its administrative affairs and general management,

1		shall perform such other duties as may be prescribed from time
2		to time by the members and shall receive compensation fixed by
3		the Authority. The Executive Director shall attend all meetings
4		of the Authority; however, no action of the Authority shall be
5		invalid on account of the absence of the Executive Director
6		from a meeting. The Authority may engage the services of such
7		other agents and employees, including attorneys, appraisers,
8		engineers, accountants, credit analysts and other consultants,
9		as it may deem advisable and may prescribe their duties and fix
10		their compensation.
11		(f) The Board may, by majority vote, nominate up to 4
12		non-voting members for appointment by the Governor. Non-voting
13		members shall be persons of recognized ability and experience
14		in one or more of the following areas: economic development,
15		finance, banking, industrial development, small business
16		management, real estate development, community development,
17		venture finance, organized labor or civic, community or
18		neighborhood organization. Non-voting members shall serve at
19		the pleasure of the Board. All non-voting members may attend
20		meetings of the Board and shall be reimbursed as provided in
21		subsection (c).
22		(g) The Board shall create a task force to study and make
23		recommendations to the Board on the economic development of the
24		territory within the jurisdiction of this Act. The members of
25		the task force shall reside within the territorial jurisdiction
26		of this Act, shall serve at the pleasure of the Board and shall
27		be persons of recognized ability and experience in one or more
28		of the following areas: economic development, finance,
29		banking, industrial development, small business management,
30		real estate development, community development, venture
31		finance, organized labor or civic, community or neighborhood
32		organization. The number of members constituting the task force
33		shall be set by the Board and may vary from time to time. The
34		Board may set a specific date by which the task force is to
35		submit its final report and recommendations to the Board.
36		(Source: P.A. 91-905, eff. 7-7-00; revised 12-6-03.)

1		Section 605. The Will-Kankakee Regional Development
2		Authority Law is amended by changing Section 4 as follows:
3		(70 ILCS 535/4) (from Ch. 85, par. 7454)
4		Sec. 4. Establishment.
5		(a) There is hereby created a political subdivision, body
6		politic and municipal corporation named the Will-Kankakee
7		Regional Development Authority. The territorial jurisdiction
8		of the Authority is that geographic area within the boundaries
9		of Will and Kankakee counties in the State of Illinois and any
10		navigable waters and air space located therein.
11		(b) The governing and administrative powers of the
12		Authority shall be vested in a body consisting of 10 members
13		including, as an ex officio member, the Director of the
14		Department of Commerce and Economic Opportunity Community
15		Affairs, or his or her designee. The other 9 members of the
16		Authority shall be designated "public members", 3 of whom shall
17		be appointed by the Governor, 3 of whom shall be appointed by
18		the county board chairman of Will County, and 3 of whom shall
19		be appointed by the county board chairman of Kankakee County.
20		All public members shall reside within the territorial
21		jurisdiction of this Act. Six members shall constitute a
22		quorum. The public members shall be persons of recognized
23		ability and experience in one or more of the following areas:
24		economic development, finance, banking, industrial
25		development, small business management, real estate
26		development, community development, venture finance, organized
27		labor or civic, community or neighborhood organization. The
28		Chairman of the Authority shall be elected by the Board
29		annually from the 6 members appointed by the county board
30		chairmen.
31		(c) The terms of all members of the Authority shall begin
32		30 days after the effective date of this Act. Of the 9 public
33		members appointed pursuant to this Act, 3 shall serve until the
34		third Monday in January 1992, 3 shall serve until the third

1		Monday in January 1993, and 3 shall serve until the third
2		Monday in January 1994. All successors shall be appointed by
3		the original appointing authority and hold office for a term of
4		3 years commencing the third Monday in January of the year in
5		which their term commences, except in case of an appointment to
6		fill a vacancy. Vacancies occurring among the public members
7		shall be filled for the remainder of the term. In case of
8		vacancy in a Governor-appointed membership when the Senate is
9		not in session, the Governor may make a temporary appointment
10		until the next meeting of the Senate when a person shall be
11		nominated to fill such office, and any person so nominated who
12		is confirmed by the Senate shall hold office during the
13		remainder of the term and until a successor shall be appointed
14		and qualified. Members of the Authority shall not be entitled
15		to compensation for their services as members but may be
16		reimbursed for all necessary expenses incurred in connection
17		with the performance of their duties as members.
18		(d) The Governor may remove any public member of the
19		Authority in case of incompetency, neglect of duty, or
20		malfeasance in office.
21		(e) The Board may appoint an Executive Director who shall
22		have a background in finance, including familiarity with the
23		legal and procedural requirements of issuing bonds, real estate
24		or economic development and administration. The Executive
25		Director shall hold office at the discretion of the Board. The
26		Executive Director shall be the chief administrative and
27		operational officer of the Authority, shall direct and
28		supervise its administrative affairs and general management,
29		shall perform such other duties as may be prescribed from time
30		to time by the members and shall receive compensation fixed by
31		the Authority. The Executive Director shall attend all meetings
32		of the Authority; however, no action of the Authority shall be
33		invalid on account of the absence of the Executive Director
34		from a meeting. The Authority may engage the services of such
35		other agents and employees, including attorneys, appraisers,
36		engineers, accountants, credit analysts and other consultants,

1		as it may deem advisable and may prescribe their duties and fix
2		their compensation.
3		(f) The Board may, by majority vote, nominate up to 4
4		non-voting members for appointment by the Governor. Non-voting
5		members shall be persons of recognized ability and experience
6		in one or more of the following areas: economic development,
7		finance, banking, industrial development, small business
8		management, real estate development, community development,
9		venture finance, organized labor or civic, community or
10		neighborhood organization. Non-voting members shall serve at
11		the pleasure of the Board. All non-voting members may attend
12		meetings of the Board and may be reimbursed as provided in
13		subsection (c).
14		(g) The Board shall create a task force to study and make
15		recommendations to the Board on the economic development of the
16		territory within the jurisdiction of this Act. The members of
17		the task force shall reside within the territorial jurisdiction
18		of this Act, shall serve at the pleasure of the Board and shall
19		be persons of recognized ability and experience in one or more
20		of the following areas: economic development, finance,
21		banking, industrial development, small business management,
22		real estate development, community development, venture
23		finance, organized labor or civic, community or neighborhood
24		organization. The number of members constituting the task force
25		shall be set by the Board and may vary from time to time. The
26		Board may set a specific date by which the task force is to
27		submit its final report and recommendations to the Board.
28		(Source: P.A. 86-1481; revised 12-6-03.)

29		Section 610. The Northeastern Illinois Planning Act is
30		amended by changing Sections 14, 35, 36, and 37 as follows:
31		(70 ILCS 1705/14) (from Ch. 85, par. 1114)
32		Sec. 14. All funds received for the use of the Commission
33		shall be deposited in the name of the Commission, by the
34		treasurer, in a depository approved by the Commission and shall

1		be withdrawn or paid out only by check or draft upon the
2		depository signed by any two of such Commissioners or Employes
3		of the Commission as may be designated for this purpose by the
4		Commission, provided further that funds appropriated to the
5		Commission by the General Assembly shall be expended in
6		accordance with a formal planning program and budget which has
7		been reviewed by the Department of Commerce and Economic
8		Opportunity Community Affairs. All persons so designated shall
9		execute bonds with corporate sureties approved by the
10		Commission in the same manner and amount as required of the
11		treasurer.
12		In case any person whose signature appears upon any check
13		or draft, issued pursuant to this Act, ceases (after attaching
14		his signature) to hold his office before the delivery thereof
15		to the payee, his signature nevertheless shall be valid and
16		sufficient for all purposes with the same effect as if he had
17		remained in office until delivery thereof.
18		(Source: P.A. 81-1509; revised 12-6-03.)
19		(70 ILCS 1705/35) (from Ch. 85, par. 1135)
20		Sec. 35. At the close of each fiscal year, the Commission
21		shall prepare a complete report of its receipts and
22		expenditures during the fiscal year, including such receipts
23		and expenditures as authorized by Section 36 of this Act. Such
24		report shall be prepared in detail, stating the particular
25		amount received or expended, the name of the person from whom
26		received or to whom expended, on what account, and for what
27		purpose or purposes. A copy of this report shall be filed with
28		the Governor, the Senate and the House of Representatives, and
29		with the treasurer of each county included in the Counties
30		Area. In addition, on or before December 31 of each even
31		numbered year, the Commission shall prepare a report of its
32		activities during the biennium indicating how its funds were
33		expended, indicating the amount of the appropriation requested
34		for the next biennium and explaining how the appropriation will
35		be utilized to carry out its responsibilities. A copy of this

1		report shall be filed with the Governor, the Senate and the
2		House of Representatives, and the Department of Commerce and
3		Economic Opportunity Community Affairs.
4		(Source: P.A. 81-1509; revised 12-6-03.)
5		(70 ILCS 1705/36) (from Ch. 85, par. 1136)
6		Sec. 36. The Commission may accept and expend, for purposes
7		consistent with the purposes of this Act, funds and money from
8		any source, including grants, bequests, gifts or contributions
9		made by a person, a unit of government, the State Government or
10		the Federal Government.
11		The Commission is authorized to enter into agreements with
12		any agency of the Federal government relating to grant-in-aid
13		under Section 701 of the "Housing Act of 1954", being Public
14		Law 560 of the Eighty-third Congress, approved August 2, 1954,
15		as heretofore or hereafter amended, or under any other Act of
16		Congress by which Federal funds may be made available for any
17		activity of the Commission authorized by this Act. Application
18		for federal planning grants submitted to the Federal Government
19		shall be reviewed by the Department of Commerce and Economic
20		Opportunity Community Affairs.
21		(Source: P.A. 81-1509; revised 12-6-03.)
22		(70 ILCS 1705/37) (from Ch. 85, par. 1137)
23		Sec. 37. The Commission created by this Act shall cooperate
24		with the Department of Commerce and Economic Opportunity
25		Community Affairs, the units of government and with the plan
26		commissions and regional planning commissions created by any
27		unit of government and regional associations of municipalities
28		within the area of operation of the Commission and any such
29		plan commission, regional planning commission, regional
30		association of municipalities or unit of government may
31		furnish, sell or make available to the Commission created by
32		this Act any of its data, charts, maps, reports or regulations
33		relating to land use and development which the Commission may
34		request.

1		The Commission created by this Act may cooperate with any
2		planning agency of a sister State contiguous to the area of
3		operation of the Commission to the end that plans for the
4		development of urban areas in such sister State contiguous to
5		the Counties Area may be integrated and coordinated so far as
6		possible with the comprehensive plan and policies adopted by
7		the Commission.
8		(Source: P.A. 81-1509; revised 12-6-03.)

9		Section 615. The Southwestern Illinois Metropolitan and
10		Regional Planning Act is amended by changing Sections 5, 14,
11		35, and 37 as follows:
12		(70 ILCS 1710/5) (from Ch. 85, par. 1155)
13		Sec. 5. The corporate authorities of the Southwestern
14		Illinois Metropolitan and Regional Planning Commission shall
15		consist of commissioners selected as follows:
16		Eight commissioners appointed by the Governor, at
17		least 4 of whom shall be elected officials of a unit of
18		government and at least 7 of whom shall be residents of the
19		Metropolitan and Regional Counties Area. No more than 4 of
20		the Governor's appointees shall be of the same political
21		party.
22		One member from among the Illinois Commissioners of the
23		Bi-State Development Agency, elected by said commissioners
24		of said Agency, provided that preference shall be given in
25		this appointment to the Chairman or Vice Chairman of said
26		Agency if either or both of those officers is an Illinois
27		resident.
28		The Chairman or presiding officer of each statutory
29		Port District existing or operating within the
30		Metropolitan and Regional Counties Area, or a member of the
31		governing board of each such Port District appointed by the
32		Chairman or presiding officer thereof to serve in his
33		stead.
34		The President of the Metro-East Sanitary District or a

1		member of the governing board of such District appointed by
2		the President thereto to serve in his stead.
3		Two members from each of the county boards of counties
4		within the Area of operation having a population of less
5		than 100,000, such members to be appointed by the chairman
6		or presiding officer of such counties and in such manner
7		that one of the 2 members so appointed is the chairman or
8		presiding officer of the relevant county board or an
9		elected member of such board appointed to serve in the
10		stead of such chairman or presiding officer.
11		Three members from each of the county boards of
12		counties within the Area of operation having a population
13		in excess of 100,000, such members to be appointed by the
14		chairman or presiding officer of such counties and in such
15		manner that one of the 3 members so appointed is the
16		chairman or presiding officer of the relevant county board
17		or an elected member of such board appointed to serve in
18		the stead of such chairman or presiding officer; provided,
19		further, that at least one member so appointed from each
20		county having a population in excess of 100,000 shall be a
21		resident in an area of such county outside any city,
22		village or incorporated town, and at least one member so
23		appointed from such counties shall be a resident of a city,
24		village or incorporated town of such county.
25		The Mayor or Village Board President from each city,
26		village or incorporated town in the Area of operation
27		having 4,500 or more inhabitants, or a member of the
28		Council or Village Board appointed by such Mayor or Board
29		President to serve in his stead.
30		One Mayor or Village Board President in each county
31		within the Area of operation from a city, village or
32		incorporated town having fewer than 4,500 inhabitants to be
33		selected by all Mayors or Village Board Presidents of such
34		cities, villages or incorporated towns in each such county.
35		Two members from each township-organized county in the
36		Area of operation who shall be township supervisors

1		appointed by the Chairman of the relevant county board in
2		such a manner that one of the 2 shall represent a township
3		having fewer than 4,500 inhabitants and one of the 2 shall
4		represent a township having more than 4,500 inhabitants,
5		provided that in the event no township in any such county
6		has in excess of 4,500 inhabitants the supervisor of the
7		township in such county which has the largest number of
8		inhabitants shall be one of the 2 members so appointed by
9		that county.
10		Two members from each commission-organized county in
11		the Area of operation who shall be elected officials of
12		either the county board or of a unit of government in such
13		county and who shall be appointed by the Chairman of the
14		County Board of such county.
15		The President of the Southwestern Illinois Council of
16		Mayors or a Mayor of a community within the Area of
17		operation appointed by such President to serve in his
18		stead.
19		One member from among the Illinois members of the
20		East-West Gateway Coordinating Council, elected by said
21		members of said council, provided preference shall be given
22		in this appointment to the Chairman or Vice Chairman of
23		said Council if either or both of those officers is an
24		Illinois resident.
25		Each selecting authority shall give notice of his, or her,
26		or its selections to each other selecting authority, to the
27		Executive Director of the Commission, and to the Secretary of
28		State. Selections or appointments to be made for the first time
29		pursuant to this amendatory Act of 1975 shall be made no later
30		than October 1, 1975 and notice given thereon by that date.
31		In addition to the commissioners provided for above, the
32		following shall also be commissioners selected or appointed and
33		notice thereon given as contemplated by the preceding
34		paragraph:
35		Two members from each county in the Area of operation
36		who shall be a chairman of a county planning commission, a

1		chairman of a municipal planning commission, or a county
2		engineer, such members to be appointed by the Chairman of
3		the County Board.
4		The regional superintendent of schools for each
5		educational service region located in whole or in part
6		within the Area of operation.
7		The President of Southern Illinois University at
8		Edwardsville or a person appointed by him to serve in his
9		stead.
10		The Director of Commerce and Economic Opportunity
11		Community Affairs or a person appointed by him to serve in
12		his stead.
13		The district highway engineer for the Illinois
14		Department of Transportation.
15		The Chairman of the Southwestern Illinois Council on
16		Economic Development composed of the Counties of Madison,
17		St. Clair, Monroe, Randolph, Washington, Bond and Clinton.
18		One representative from each County within the Area of
19		operation who shall be other than an elected official and
20		who shall be appointed by the Chairman of each County
21		Board, provided that each representative so appointed
22		shall be from disadvantaged or minority groups within the
23		County's population.
24		Five Commissioners, appointed by the President of the
25		Commission, with the concurrence of the Executive
26		Committee, one to be selected from each of 5 civic,
27		fraternal, cultural or religious organizations which meet
28		all of the following criteria:
29		(1) has a written charter or constitution and
30		written bylaws;
31		(2) has filed or is eligible to file articles of
32		incorporation pursuant to the General Not for Profit
33		Corporation Act;
34		(3) has been in existence for at least 5 years; and
35		(4) is generally recognized as being substantially
36		representative of the minority population within the

1		Commission's area of operation.
2		The Commission shall develop a fair and reasonable
3		procedure for determining the organizations from which
4		appointments will be made.
5		Within 30 days after selection and before entering upon the
6		duties of his or her office, each commissioner shall take and
7		subscribe to the constitutional oath of office and file it with
8		the Secretary of State.
9		The Commission shall maintain a level of minority
10		membership equal to or greater than proportionate level of
11		minority population which exists within the area of the
12		Commission.
13		(Source: P.A. 87-217; revised 12-6-03.)
14		(70 ILCS 1710/14) (from Ch. 85, par. 1164)
15		Sec. 14. All funds received for the use of the Commission
16		shall be deposited in the name of the Commission by the
17		treasurer, in a depository approved by the Commission and shall
18		be withdrawn or paid out only by check or draft upon the
19		depository signed by any two of such Commissioners or employees
20		of the Commission as may be designated for this purpose by the
21		Commission, provided further that funds appropriated to the
22		Commission by the General Assembly shall not be expended except
23		in accordance with a formal planning program and budget which
24		has been reviewed and approved by the Department of Commerce
25		and Economic Opportunity Community Affairs. All persons so
26		designated shall execute bonds with corporate sureties
27		approved by the Commission in the same manner and amount as
28		required of the treasurer, and in such amount as determined by
29		the Commission.
30		In case any person whose signature appears upon any check
31		or draft, issued pursuant to this Act, ceases (after attaching
32		his signature) to hold his office before the delivery thereof
33		to the payee, his signature nevertheless shall be valid and
34		sufficient for all purposes with the same effect as if he had
35		remained in office until delivery thereof.

1		(Source: P.A. 82-944; revised 12-6-03.)
2		(70 ILCS 1710/35) (from Ch. 85, par. 1185)
3		Sec. 35. At the close of each fiscal year, the Commission
4		shall prepare a complete report of its receipts and
5		expenditures during the fiscal year. A copy of this report
6		shall be filed with the Governor and with the treasurer of each
7		county included in the Metropolitan and Regional Counties Area.
8		In addition, on or before December 31 of each even numbered
9		year, the Commission shall prepare jointly with the Department
10		of Commerce and Economic Opportunity Community Affairs, a
11		report of its activities during the biennium indicating how its
12		funds were expended, indicating the amount of the appropriation
13		requested for the next biennium and explaining how the
14		appropriation will be utilized to carry out its
15		responsibilities. A copy of this report shall be filed with the
16		Governor, the Senate and the House of Representatives.
17		(Source: P.A. 81-1509; revised 12-6-03.)
18		(70 ILCS 1710/37) (from Ch. 85, par. 1187)
19		Sec. 37. The Commission created by this Act shall cooperate
20		with the Department of Commerce and Economic Opportunity
21		Community Affairs, the units of government and with the plan
22		commissions and regional planning commissions created by any
23		unit of government and regional associations of municipalities
24		within the area of operation of the Commission and any such
25		plan commission, regional planning commission, regional
26		association of municipalities or unit of government may
27		furnish, sell or make available to the Commission created by
28		this Act any of its data, charts, maps, reports or regulations
29		relating to land use and development which the Commission may
30		request.
31		The Commission created by this Act may cooperate with any
32		planning agency in the State of Illinois, or with any planning
33		agency of a sister State contiguous to the area of operation of
34		the Commission to the end that plans for the development of

1		urban areas in such sister State contiguous to the Metropolitan
2		and Regional Counties Area may be integrated and coordinated so
3		far as possible with the comprehensive and functional plans and
4		policies adopted by the Commission.
5		(Source: P.A. 82-944; revised 12-6-03.)

6		Section 620. The Regional Transportation Authority Act is
7		amended by changing Sections 4.01, 4.04, and 4.11 as follows:
8		(70 ILCS 3615/4.01) (from Ch. 111 2/3, par. 704.01)
9		Sec. 4.01. Budget and Program.
10		(a) The Board shall control the finances of the Authority.
11		It shall by ordinance appropriate money to perform the
12		Authority's purposes and provide for payment of debts and
13		expenses of the Authority. Each year the Authority shall
14		prepare and publish a comprehensive annual budget and program
15		document describing the state of the Authority and presenting
16		for the forthcoming fiscal year the Authority's plans for such
17		operations and capital expenditures as the Authority intends to
18		undertake and the means by which it intends to finance them.
19		The proposed program and budget shall contain a statement of
20		the funds estimated to be on hand at the beginning of the
21		fiscal year, the funds estimated to be received from all
22		sources for such year and the funds estimated to be on hand at
23		the end of such year. After adoption of the Authority's first
24		Five-Year Program, as provided in Section 2.01 of this Act, the
25		proposed program and budget shall specifically identify any
26		respect in which the recommended program deviates from the
27		Authority's then existing Five-Year Program, giving the
28		reasons for such deviation. The fiscal year of the Authority
29		shall begin on January 1st and end on the succeeding December
30		31st except that the fiscal year that began October 1, 1982,
31		shall end December 31, 1983. By July 1st 1981 and July 1st of
32		each year thereafter the Director of the Illinois Governor's
33		Office of Management and Budget (formerly Bureau of the Budget)
34		shall submit to the Authority an estimate of revenues for the

1		next fiscal year to be collected from the taxes imposed by the
2		Authority and the amounts to be available in the Public
3		Transportation Fund and the Regional Transportation Authority
4		Occupation and Use Tax Replacement Fund. For the fiscal year
5		ending on December 31, 1983, the Board shall report its results
6		from operations and financial condition to the General Assembly
7		and the Governor by January 31. For the fiscal year beginning
8		January 1, 1984, and thereafter, the budget and program shall
9		be presented to the General Assembly and the Governor not later
10		than the preceding December 31st. Before the proposed budget
11		and program is adopted, the Authority shall hold at least one
12		public hearing thereon in the metropolitan region. The Board
13		shall hold at least one meeting for consideration of the
14		proposed program and budget with the county board of each of
15		the several counties in the metropolitan region. After
16		conducting such hearings and holding such meetings and after
17		making such changes in the proposed program and budget as the
18		Board deems appropriate, the Board shall adopt its annual
19		budget ordinance. The ordinance may be adopted only upon the
20		affirmative votes of 9 of its then Directors. The ordinance
21		shall appropriate such sums of money as are deemed necessary to
22		defray all necessary expenses and obligations of the Authority,
23		specifying purposes and the objects or programs for which
24		appropriations are made and the amount appropriated for each
25		object or program. Additional appropriations, transfers
26		between items and other changes in such ordinance may be made
27		from time to time by the Board upon the affirmative votes of 9
28		of its then Directors.
29		(b) The budget shall show a balance between anticipated
30		revenues from all sources and anticipated expenses including
31		funding of operating deficits or the discharge of encumbrances
32		incurred in prior periods and payment of principal and interest
33		when due, and shall show cash balances sufficient to pay with
34		reasonable promptness all obligations and expenses as
35		incurred.
36		The annual budget and financial plan must show that the

1		level of fares and charges for mass transportation provided by,
2		or under grant or purchase of service contracts of, the Service
3		Boards is sufficient to cause the aggregate of all projected
4		fare revenues from such fares and charges received in each
5		fiscal year to equal at least 50% of the aggregate costs of
6		providing such public transportation in such fiscal year. "Fare
7		revenues" include the proceeds of all fares and charges for
8		services provided, contributions received in connection with
9		public transportation from units of local government other than
10		the Authority and from the State pursuant to subsection (i) of
11		Section 2705-305 of the Department of Transportation Law (20
12		ILCS 2705/2705-305), and all other operating revenues properly
13		included consistent with generally accepted accounting
14		principles but do not include the proceeds of any borrowings.
15		"Costs" include all items properly included as operating costs
16		consistent with generally accepted accounting principles,
17		including administrative costs, but do not include:
18		depreciation; payment of principal and interest on bonds, notes
19		or other evidences of obligation for borrowed money issued by
20		the Authority; payments with respect to public transportation
21		facilities made pursuant to subsection (b) of Section 2.20 of
22		this Act; any payments with respect to rate protection
23		contracts, credit enhancements or liquidity agreements made
24		under Section 4.14; any other cost to which it is reasonably
25		expected that a cash expenditure will not be made; costs up to
26		$5,000,000 annually for passenger security including grants,
27		contracts, personnel, equipment and administrative expenses,
28		except in the case of the Chicago Transit Authority, in which
29		case the term does not include costs spent annually by that
30		entity for protection against crime as required by Section 27a
31		of the Metropolitan Transit Authority Act; or costs as exempted
32		by the Board for projects pursuant to Section 2.09 of this Act.
33		(c) The actual administrative expenses of the Authority for
34		the fiscal year commencing January 1, 1985 may not exceed
35		$5,000,000. The actual administrative expenses of the
36		Authority for the fiscal year commencing January 1, 1986, and

1		for each fiscal year thereafter shall not exceed the maximum
2		administrative expenses for the previous fiscal year plus 5%.
3		"Administrative expenses" are defined for purposes of this
4		Section as all expenses except: (1) capital expenses and
5		purchases of the Authority on behalf of the Service Boards; (2)
6		payments to Service Boards; and (3) payment of principal and
7		interest on bonds, notes or other evidence of obligation for
8		borrowed money issued by the Authority; (4) costs for passenger
9		security including grants, contracts, personnel, equipment and
10		administrative expenses; (5) payments with respect to public
11		transportation facilities made pursuant to subsection (b) of
12		Section 2.20 of this Act; and (6) any payments with respect to
13		rate protection contracts, credit enhancements or liquidity
14		agreements made pursuant to Section 4.14.
15		(d) After withholding 15% of the proceeds of any tax
16		imposed by the Authority and 15% of money received by the
17		Authority from the Regional Transportation Authority
18		Occupation and Use Tax Replacement Fund, the Board shall
19		allocate the proceeds and money remaining to the Service Boards
20		as follows: (1) an amount equal to 85% of the proceeds of those
21		taxes collected within the City of Chicago and 85% of the money
22		received by the Authority on account of transfers to the
23		Regional Transportation Authority Occupation and Use Tax
24		Replacement Fund from the County and Mass Transit District Fund
25		attributable to retail sales within the City of Chicago shall
26		be allocated to the Chicago Transit Authority; (2) an amount
27		equal to 85% of the proceeds of those taxes collected within
28		Cook County outside the City of Chicago and 85% of the money
29		received by the Authority on account of transfers to the
30		Regional Transportation Authority Occupation and Use Tax
31		Replacement Fund from the County and Mass Transit District Fund
32		attributable to retail sales within Cook County outside of the
33		city of Chicago shall be allocated 30% to the Chicago Transit
34		Authority, 55% to the Commuter Rail Board and 15% to the
35		Suburban Bus Board; and (3) an amount equal to 85% of the
36		proceeds of the taxes collected within the Counties of DuPage,

1		Kane, Lake, McHenry and Will shall be allocated 70% to the
2		Commuter Rail Board and 30% to the Suburban Bus Board.
3		(e) Moneys received by the Authority on account of
4		transfers to the Regional Transportation Authority Occupation
5		and Use Tax Replacement Fund from the State and Local Sales Tax
6		Reform Fund shall be allocated among the Authority and the
7		Service Boards as follows: 15% of such moneys shall be retained
8		by the Authority and the remaining 85% shall be transferred to
9		the Service Boards as soon as may be practicable after the
10		Authority receives payment. Moneys which are distributable to
11		the Service Boards pursuant to the preceding sentence shall be
12		allocated among the Service Boards on the basis of each Service
13		Board's distribution ratio. The term "distribution ratio"
14		means, for purposes of this subsection (e) of this Section
15		4.01, the ratio of the total amount distributed to a Service
16		Board pursuant to subsection (d) of Section 4.01 for the
17		immediately preceding calendar year to the total amount
18		distributed to all of the Service Boards pursuant to subsection
19		(d) of Section 4.01 for the immediately preceding calendar
20		year.
21		To further and accomplish the preparation of the annual
22		budget and program as well as the Five-Year Program provided
23		for in Section 2.01 of this Act and to make such interim
24		management decisions as may be necessary, the Board shall
25		employ staff which shall: (1) evaluate for the Board public
26		transportation programs operated or proposed by transportation
27		agencies in terms of goals, costs and relative priorities; (2)
28		keep the Board informed of the public transportation programs
29		and accomplishments of such transportation agencies; and (3)
30		coordinate the development and implementation of public
31		transportation programs to the end that the monies available to
32		the Authority may be expended in the most economical manner
33		possible with the least possible duplication. Under such
34		regulations as the Board may prescribe, all Service Boards,
35		transportation agencies, comprehensive planning agencies or
36		transportation planning agencies in the metropolitan region

1		shall furnish to the Board such information pertaining to
2		public transportation or relevant for plans therefor as it may
3		from time to time require, upon payment to any such agency or
4		Service Board of the reasonable additional cost of its so
5		providing such information except as may otherwise be provided
6		by agreement with the Authority, and the Board or any duly
7		authorized employee of the Board shall, for the purpose of
8		securing such information, have access to, and the right to
9		examine, all books, documents, papers or records of any such
10		agency or Service Board pertaining to public transportation or
11		relevant for plans therefor.
12		(Source: P.A. 91-51, eff. 6-30-99; 91-239, eff. 1-1-00; revised
13		8-23-03.)
14		(70 ILCS 3615/4.04) (from Ch. 111 2/3, par. 704.04)
15		Sec. 4.04. Issuance and Pledge of Bonds and Notes.
16		(a) The Authority shall have the continuing power to borrow
17		money and to issue its negotiable bonds or notes as provided in
18		this Section. Unless otherwise indicated in this Section, the
19		term "notes" also includes bond anticipation notes, which are
20		notes which by their terms provide for their payment from the
21		proceeds of bonds thereafter to be issued. Bonds or notes of
22		the Authority may be issued for any or all of the following
23		purposes: to pay costs to the Authority or a Service Board of
24		constructing or acquiring any public transportation facilities
25		(including funds and rights relating thereto, as provided in
26		Section 2.05 of this Act); to repay advances to the Authority
27		or a Service Board made for such purposes; to pay other
28		expenses of the Authority or a Service Board incident to or
29		incurred in connection with such construction or acquisition;
30		to provide funds for any transportation agency to pay principal
31		of or interest or redemption premium on any bonds or notes,
32		whether as such amounts become due or by earlier redemption,
33		issued prior to the date of this amendatory Act by such
34		transportation agency to construct or acquire public
35		transportation facilities or to provide funds to purchase such

1		bonds or notes; and to provide funds for any transportation
2		agency to construct or acquire any public transportation
3		facilities, to repay advances made for such purposes, and to
4		pay other expenses incident to or incurred in connection with
5		such construction or acquisition; and to provide funds for
6		payment of obligations, including the funding of reserves,
7		under any self-insurance plan or joint self-insurance pool or
8		entity.
9		In addition to any other borrowing as may be authorized by
10		this Section, the Authority may issue its notes, from time to
11		time, in anticipation of tax receipts of the Authority or of
12		other revenues or receipts of the Authority, in order to
13		provide money for the Authority or the Service Boards to cover
14		any cash flow deficit which the Authority or a Service Board
15		anticipates incurring. Any such notes are referred to in this
16		Section as "Working Cash Notes". No Working Cash Notes shall be
17		issued for a term of longer than 18 months. Proceeds of Working
18		Cash Notes may be used to pay day to day operating expenses of
19		the Authority or the Service Boards, consisting of wages,
20		salaries and fringe benefits, professional and technical
21		services (including legal, audit, engineering and other
22		consulting services), office rental, furniture, fixtures and
23		equipment, insurance premiums, claims for self-insured amounts
24		under insurance policies, public utility obligations for
25		telephone, light, heat and similar items, travel expenses,
26		office supplies, postage, dues, subscriptions, public hearings
27		and information expenses, fuel purchases, and payments of
28		grants and payments under purchase of service agreements for
29		operations of transportation agencies, prior to the receipt by
30		the Authority or a Service Board from time to time of funds for
31		paying such expenses. In addition to any Working Cash Notes
32		that the Board of the Authority may determine to issue, the
33		Suburban Bus Board, the Commuter Rail Board or the Board of the
34		Chicago Transit Authority may demand and direct that the
35		Authority issue its Working Cash Notes in such amounts and
36		having such maturities as the Service Board may determine.

1		Notwithstanding any other provision of this Act, any
2		amounts necessary to pay principal of and interest on any
3		Working Cash Notes issued at the demand and direction of a
4		Service Board or any Working Cash Notes the proceeds of which
5		were used for the direct benefit of a Service Board or any
6		other Bonds or Notes of the Authority the proceeds of which
7		were used for the direct benefit of a Service Board shall
8		constitute a reduction of the amount of any other funds
9		provided by the Authority to that Service Board. The Authority
10		shall, after deducting any costs of issuance, tender the net
11		proceeds of any Working Cash Notes issued at the demand and
12		direction of a Service Board to such Service Board as soon as
13		may be practicable after the proceeds are received. The
14		Authority may also issue notes or bonds to pay, refund or
15		redeem any of its notes and bonds, including to pay redemption
16		premiums or accrued interest on such bonds or notes being
17		renewed, paid or refunded, and other costs in connection
18		therewith. The Authority may also utilize the proceeds of any
19		such bonds or notes to pay the legal, financial, administrative
20		and other expenses of such authorization, issuance, sale or
21		delivery of bonds or notes or to provide or increase a debt
22		service reserve fund with respect to any or all of its bonds or
23		notes. The Authority may also issue and deliver its bonds or
24		notes in exchange for any public transportation facilities,
25		(including funds and rights relating thereto, as provided in
26		Section 2.05 of this Act) or in exchange for outstanding bonds
27		or notes of the Authority, including any accrued interest or
28		redemption premium thereon, without advertising or submitting
29		such notes or bonds for public bidding.
30		(b) The ordinance providing for the issuance of any such
31		bonds or notes shall fix the date or dates of maturity, the
32		dates on which interest is payable, any sinking fund account or
33		reserve fund account provisions and all other details of such
34		bonds or notes and may provide for such covenants or agreements
35		necessary or desirable with regard to the issue, sale and
36		security of such bonds or notes. The rate or rates of interest

1		on its bonds or notes may be fixed or variable and the
2		Authority shall determine or provide for the determination of
3		the rate or rates of interest of its bonds or notes issued
4		under this Act in an ordinance adopted by the Authority prior
5		to the issuance thereof, none of which rates of interest shall
6		exceed that permitted in the Bond Authorization Act. Interest
7		may be payable at such times as are provided for by the Board.
8		Bonds and notes issued under this Section may be issued as
9		serial or term obligations, shall be of such denomination or
10		denominations and form, including interest coupons to be
11		attached thereto, be executed in such manner, shall be payable
12		at such place or places and bear such date as the Authority
13		shall fix by the ordinance authorizing such bond or note and
14		shall mature at such time or times, within a period not to
15		exceed forty years from the date of issue, and may be
16		redeemable prior to maturity with or without premium, at the
17		option of the Authority, upon such terms and conditions as the
18		Authority shall fix by the ordinance authorizing the issuance
19		of such bonds or notes. No bond anticipation note or any
20		renewal thereof shall mature at any time or times exceeding 5
21		years from the date of the first issuance of such note. The
22		Authority may provide for the registration of bonds or notes in
23		the name of the owner as to the principal alone or as to both
24		principal and interest, upon such terms and conditions as the
25		Authority may determine. The ordinance authorizing bonds or
26		notes may provide for the exchange of such bonds or notes which
27		are fully registered, as to both principal and interest, with
28		bonds or notes which are registerable as to principal only. All
29		bonds or notes issued under this Section by the Authority other
30		than those issued in exchange for property or for bonds or
31		notes of the Authority shall be sold at a price which may be at
32		a premium or discount but such that the interest cost
33		(excluding any redemption premium) to the Authority of the
34		proceeds of an issue of such bonds or notes, computed to stated
35		maturity according to standard tables of bond values, shall not
36		exceed that permitted in the Bond Authorization Act. The

1		Authority shall notify the Governor's Office of Management and
2		Budget Bureau of the Budget and the State Comptroller at least
3		30 days before any bond sale and shall file with the Governor's
4		Office of Management and Budget Bureau of the Budget and the
5		State Comptroller a certified copy of any ordinance authorizing
6		the issuance of bonds at or before the issuance of the bonds.
7		After December 31, 1994, any such bonds or notes shall be sold
8		to the highest and best bidder on sealed bids as the Authority
9		shall deem. As such bonds or notes are to be sold the Authority
10		shall advertise for proposals to purchase the bonds or notes
11		which advertisement shall be published at least once in a daily
12		newspaper of general circulation published in the metropolitan
13		region at least 10 days before the time set for the submission
14		of bids. The Authority shall have the right to reject any or
15		all bids. Notwithstanding any other provisions of this Section,
16		Working Cash Notes or bonds or notes to provide funds for
17		self-insurance or a joint self-insurance pool or entity may be
18		sold either upon competitive bidding or by negotiated sale
19		(without any requirement of publication of intention to
20		negotiate the sale of such Notes), as the Board shall determine
21		by ordinance adopted with the affirmative votes of at least 7
22		Directors. In case any officer whose signature appears on any
23		bonds, notes or coupons authorized pursuant to this Section
24		shall cease to be such officer before delivery of such bonds or
25		notes, such signature shall nevertheless be valid and
26		sufficient for all purposes, the same as if such officer had
27		remained in office until such delivery. Neither the Directors
28		of the Authority nor any person executing any bonds or notes
29		thereof shall be liable personally on any such bonds or notes
30		or coupons by reason of the issuance thereof.
31		(c) All bonds or notes of the Authority issued pursuant to
32		this Section shall be general obligations of the Authority to
33		which shall be pledged the full faith and credit of the
34		Authority, as provided in this Section. Such bonds or notes
35		shall be secured as provided in the authorizing ordinance,
36		which may, notwithstanding any other provision of this Act,

1		include in addition to any other security, a specific pledge or
2		assignment of and lien on or security interest in any or all
3		tax receipts of the Authority and on any or all other revenues
4		or moneys of the Authority from whatever source, which may by
5		law be utilized for debt service purposes and a specific pledge
6		or assignment of and lien on or security interest in any funds
7		or accounts established or provided for by the ordinance of the
8		Authority authorizing the issuance of such bonds or notes. Any
9		such pledge, assignment, lien or security interest for the
10		benefit of holders of bonds or notes of the Authority shall be
11		valid and binding from the time the bonds or notes are issued
12		without any physical delivery or further act and shall be valid
13		and binding as against and prior to the claims of all other
14		parties having claims of any kind against the Authority or any
15		other person irrespective of whether such other parties have
16		notice of such pledge, assignment, lien or security interest.
17		The obligations of the Authority incurred pursuant to this
18		Section shall be superior to and have priority over any other
19		obligations of the Authority.
20		The Authority may provide in the ordinance authorizing the
21		issuance of any bonds or notes issued pursuant to this Section
22		for the creation of, deposits in, and regulation and
23		disposition of sinking fund or reserve accounts relating to
24		such bonds or notes. The ordinance authorizing the issuance of
25		any bonds or notes pursuant to this Section may contain
26		provisions as part of the contract with the holders of the
27		bonds or notes, for the creation of a separate fund to provide
28		for the payment of principal and interest on such bonds or
29		notes and for the deposit in such fund from any or all the tax
30		receipts of the Authority and from any or all such other moneys
31		or revenues of the Authority from whatever source which may by
32		law be utilized for debt service purposes, all as provided in
33		such ordinance, of amounts to meet the debt service
34		requirements on such bonds or notes, including principal and
35		interest, and any sinking fund or reserve fund account
36		requirements as may be provided by such ordinance, and all

1		expenses incident to or in connection with such fund and
2		accounts or the payment of such bonds or notes. Such ordinance
3		may also provide limitations on the issuance of additional
4		bonds or notes of the Authority. No such bonds or notes of the
5		Authority shall constitute a debt of the State of Illinois.
6		Nothing in this Act shall be construed to enable the Authority
7		to impose any ad valorem tax on property.
8		(d) The ordinance of the Authority authorizing the issuance
9		of any bonds or notes may provide additional security for such
10		bonds or notes by providing for appointment of a corporate
11		trustee (which may be any trust company or bank having the
12		powers of a trust company within the state) with respect to
13		such bonds or notes. The ordinance shall prescribe the rights,
14		duties and powers of the trustee to be exercised for the
15		benefit of the Authority and the protection of the holders of
16		such bonds or notes. The ordinance may provide for the trustee
17		to hold in trust, invest and use amounts in funds and accounts
18		created as provided by the ordinance with respect to the bonds
19		or notes. The ordinance may provide for the assignment and
20		direct payment to the trustee of any or all amounts produced
21		from the sources provided in Section 4.03 of this Act and
22		provided in Section 6z-17 of "An Act in relation to State
23		finance", approved June 10, 1919, as amended. Upon receipt of
24		notice of any such assignment, the Department of Revenue and
25		the Comptroller of the State of Illinois shall thereafter,
26		notwithstanding the provisions of Section 4.03 of this Act and
27		Section 6z-17 of "An Act in relation to State finance",
28		approved June 10, 1919, as amended, provide for such assigned
29		amounts to be paid directly to the trustee instead of the
30		Authority, all in accordance with the terms of the ordinance
31		making the assignment. The ordinance shall provide that amounts
32		so paid to the trustee which are not required to be deposited,
33		held or invested in funds and accounts created by the ordinance
34		with respect to bonds or notes or used for paying bonds or
35		notes to be paid by the trustee to the Authority.
36		(e) Any bonds or notes of the Authority issued pursuant to

1		this Section shall constitute a contract between the Authority
2		and the holders from time to time of such bonds or notes. In
3		issuing any bond or note, the Authority may include in the
4		ordinance authorizing such issue a covenant as part of the
5		contract with the holders of the bonds or notes, that as long
6		as such obligations are outstanding, it shall make such
7		deposits, as provided in paragraph (c) of this Section. It may
8		also so covenant that it shall impose and continue to impose
9		taxes, as provided in Section 4.03 of this Act and in addition
10		thereto as subsequently authorized by law, sufficient to make
11		such deposits and pay the principal and interest and to meet
12		other debt service requirements of such bonds or notes as they
13		become due. A certified copy of the ordinance authorizing the
14		issuance of any such obligations shall be filed at or prior to
15		the issuance of such obligations with the Comptroller of the
16		State of Illinois and the Illinois Department of Revenue.
17		(f) The State of Illinois pledges to and agrees with the
18		holders of the bonds and notes of the Authority issued pursuant
19		to this Section that the State will not limit or alter the
20		rights and powers vested in the Authority by this Act so as to
21		impair the terms of any contract made by the Authority with
22		such holders or in any way impair the rights and remedies of
23		such holders until such bonds and notes, together with interest
24		thereon, with interest on any unpaid installments of interest,
25		and all costs and expenses in connection with any action or
26		proceedings by or on behalf of such holders, are fully met and
27		discharged. In addition, the State pledges to and agrees with
28		the holders of the bonds and notes of the Authority issued
29		pursuant to this Section that the State will not limit or alter
30		the basis on which State funds are to be paid to the Authority
31		as provided in this Act, or the use of such funds, so as to
32		impair the terms of any such contract. The Authority is
33		authorized to include these pledges and agreements of the State
34		in any contract with the holders of bonds or notes issued
35		pursuant to this Section.
36		(g) (1) Except as provided in subdivisions (g)(2) and

1		(g)(3) of Section 4.04 of this Act, the Authority shall not
2		at any time issue, sell or deliver any bonds or notes
3		(other than Working Cash Notes) pursuant to this Section
4		4.04 which will cause it to have issued and outstanding at
5		any time in excess of $800,000,000 of such bonds and notes
6		(other than Working Cash Notes). The Authority shall not at
7		any time issue, sell or deliver any Working Cash Notes
8		pursuant to this Section which will cause it to have issued
9		and outstanding at any time in excess of $100,000,000 of
10		Working Cash Notes. Bonds or notes which are being paid or
11		retired by such issuance, sale or delivery of bonds or
12		notes, and bonds or notes for which sufficient funds have
13		been deposited with the paying agency of such bonds or
14		notes to provide for payment of principal and interest
15		thereon or to provide for the redemption thereof, all
16		pursuant to the ordinance authorizing the issuance of such
17		bonds or notes, shall not be considered to be outstanding
18		for the purposes of the first two sentences of this
19		subsection.
20		(2) In addition to the authority provided by paragraphs
21		(1) and (3), the Authority is authorized to issue, sell and
22		deliver bonds or notes for Strategic Capital Improvement
23		Projects approved pursuant to Section 4.13 as follows:
24		$100,000,000 is authorized to be issued on or after
25		January 1, 1990;
26		an additional $100,000,000 is authorized to be issued
27		on or after January 1, 1991;
28		an additional $100,000,000 is authorized to be issued
29		on or after January 1, 1992;
30		an additional $100,000,000 is authorized to be issued
31		on or after January 1, 1993;
32		an additional $100,000,000 is authorized to be issued
33		on or after January 1, 1994; and
34		the aggregate total authorization of bonds and notes
35		for Strategic Capital Improvement Projects as of January 1,
36		1994, shall be $500,000,000.

1		The Authority is also authorized to issue, sell, and
2		deliver bonds or notes in such amounts as are necessary to
3		provide for the refunding or advance refunding of bonds or
4		notes issued for Strategic Capital Improvement Projects
5		under this subdivision (g)(2), provided that no such
6		refunding bond or note shall mature later than the final
7		maturity date of the series of bonds or notes being
8		refunded, and provided further that the debt service
9		requirements for such refunding bonds or notes in the
10		current or any future fiscal year shall not exceed the debt
11		service requirements for that year on the refunded bonds or
12		notes.
13		(3) In addition to the authority provided by paragraphs
14		(1) and (2), the Authority is authorized to issue, sell,
15		and deliver bonds or notes for Strategic Capital
16		Improvement Projects approved pursuant to Section 4.13 as
17		follows:
18		$260,000,000 is authorized to be issued on or after
19		January 1, 2000;
20		an additional $260,000,000 is authorized to be issued
21		on or after January 1, 2001;
22		an additional $260,000,000 is authorized to be issued
23		on or after January 1, 2002;
24		an additional $260,000,000 is authorized to be issued
25		on or after January 1, 2003;
26		an additional $260,000,000 is authorized to be issued
27		on or after January 1, 2004; and
28		the aggregate total authorization of bonds and notes
29		for Strategic Capital Improvement Projects pursuant to
30		this paragraph (3) as of January 1, 2004 shall be
31		$1,300,000,000.
32		The Authority is also authorized to issue, sell, and
33		deliver bonds or notes in such amounts as are necessary to
34		provide for the refunding or advance refunding of bonds or
35		notes issued for Strategic Capital Improvement projects
36		under this subdivision (g)(3), provided that no such

1		refunding bond or note shall mature later than the final
2		maturity date of the series of bonds or notes being
3		refunded, and provided further that the debt service
4		requirements for such refunding bonds or notes in the
5		current or any future fiscal year shall not exceed the debt
6		service requirements for that year on the refunded bonds or
7		notes.
8		(h) The Authority, subject to the terms of any agreements
9		with noteholders or bond holders as may then exist, shall have
10		power, out of any funds available therefor, to purchase notes
11		or bonds of the Authority, which shall thereupon be cancelled.
12		(i) In addition to any other authority granted by law, the
13		State Treasurer may, with the approval of the Governor, invest
14		or reinvest, at a price not to exceed par, any State money in
15		the State Treasury which is not needed for current expenditures
16		due or about to become due in Working Cash Notes.
17		(Source: P.A. 91-37, eff. 7-1-99; 91-51, eff. 6-30-99; revised
18		8-23-03.)
19		(70 ILCS 3615/4.11) (from Ch. 111 2/3, par. 704.11)
20		Sec. 4.11. Budget Review Powers.
21		(a) The provisions of this Section shall only be applicable
22		to financial periods beginning after December 31, 1983. The
23		Transition Board shall adopt a timetable governing the
24		certification of estimates and any submissions required under
25		this Section for fiscal year 1984 which shall control over the
26		provisions of this Act. Based upon estimates which shall be
27		given to the Authority by the Director of the Illinois
28		Governor's Office of Management and Budget (formerly Bureau of
29		the Budget) of the receipts to be received by the Authority
30		from the taxes imposed by the Authority and the authorized
31		estimates of amounts to be available from State and other
32		sources to the Service Boards, and the times at which such
33		receipts and amounts will be available, the Board shall, not
34		later than the next preceding September 15th prior to the
35		beginning of the Authority's next fiscal year, advise each

1		Service Board of the amounts estimated by the Board to be
2		available for such Service Board during such fiscal year and
3		the two following fiscal years and the times at which such
4		amounts will be available. The Board shall, at the same time,
5		also advise each Service Board of its required system generated
6		revenues recovery ratio for the next fiscal year which shall be
7		the percentage of the aggregate costs of providing public
8		transportation by or under jurisdiction of that Service Board
9		which must be recovered from system generated revenues. In
10		determining a Service Board's system generated revenue
11		recovery ratio, the Board shall consider the historical system
12		generated revenues recovery ratio for the services subject to
13		the jurisdiction of that Service Board. The Board shall not
14		increase a Service Board's system generated revenues recovery
15		ratio for the next fiscal year over such ratio for the current
16		fiscal year disproportionately or prejudicially to increases
17		in such ratios for other Service Boards. The Board may, by
18		ordinance, provide that (i) the cost of research and
19		development projects in the fiscal year beginning January 1,
20		1986 and ending December 31, 1986 conducted pursuant to Section
21		2.09 of this Act, and (ii) up to $5,000,000 annually of the
22		costs for passenger security, may be exempted from the farebox
23		recovery ratio or the system generated revenues recovery ratio
24		of the Chicago Transit Authority, the Suburban Bus Board, and
25		the Commuter Rail Board, or any of them. For the fiscal year
26		beginning January 1, 1986 and ending December 31, 1986, and for
27		the fiscal year beginning January 1, 1987 and ending December
28		31, 1987, the Board shall, by ordinance, provide that: (1) the
29		amount of a grant, pursuant to Section 2705-310 of the
30		Department of Transportation Law (20 ILCS 2705/2705-310), from
31		the Department of Transportation for the cost of services for
32		the mobility limited provided by the Chicago Transit Authority,
33		and (2) the amount of a grant, pursuant to Section 2705-310 of
34		the Department of Transportation Law (20 ILCS 2705/2705-310),
35		from the Department of Transportation for the cost of services
36		for the mobility limited by the Suburban Bus Board or the

1		Commuter Rail Board, be exempt from the farebox recovery ratio
2		or the system generated revenues recovery ratio.
3		(b)(1) Not later than the next preceding November 15 prior
4		to the commencement of such fiscal year, each Service Board
5		shall submit to the Authority its proposed budget for such
6		fiscal year and its proposed financial plan for the two
7		following fiscal years. Such budget and financial plan shall
8		not project or assume a receipt of revenues from the Authority
9		in amounts greater than those set forth in the estimates
10		provided by the Authority pursuant to subsection (a) of this
11		Section.
12		(2) The Board shall review the proposed budget and
13		financial plan submitted by each Service Board, and shall adopt
14		a consolidated budget and financial plan. The Board shall
15		approve the budget and plan if:
16		(i) the Board has approved the proposed budget and cash
17		flow plan for such fiscal year of each Service Board,
18		pursuant to the conditions set forth in clauses (ii)
19		through (vii) of this paragraph;
20		(ii) such budget and plan show a balance between (A)
21		anticipated revenues from all sources including operating
22		subsidies and (B) the costs of providing the services
23		specified and of funding any operating deficits or
24		encumbrances incurred in prior periods, including
25		provision for payment when due of principal and interest on
26		outstanding indebtedness;
27		(iii) such budget and plan show cash balances including
28		the proceeds of any anticipated cash flow borrowing
29		sufficient to pay with reasonable promptness all costs and
30		expenses as incurred;
31		(iv) such budget and plan provide for a level of fares
32		or charges and operating or administrative costs for the
33		public transportation provided by or subject to the
34		jurisdiction of such Service Board sufficient to allow the
35		Service Board to meet its required system generated revenue
36		recovery ratio;

1		(v) such budget and plan are based upon and employ
2		assumptions and projections which are reasonable and
3		prudent;
4		(vi) such budget and plan have been prepared in
5		accordance with sound financial practices as determined by
6		the Board; and
7		(vii) such budget and plan meet such other financial,
8		budgetary, or fiscal requirements that the Board may by
9		rule or regulation establish.
10		(3) In determining whether the budget and financial plan
11		provide a level of fares or charges sufficient to allow a
12		Service Board to meet its required system generated revenue
13		recovery ratio under clause (iv) in subparagraph (2), the Board
14		shall allow a Service Board to carry over cash from farebox
15		revenues to subsequent fiscal years.
16		(4) Unless the Board by an affirmative vote of 9 of the
17		then Directors determines that the budget and financial plan of
18		a Service Board meets the criteria specified in clauses (ii)
19		through (vii) of subparagraph (2) of this paragraph (b), the
20		Board shall not release to that Service Board any funds for the
21		periods covered by such budget and financial plan except for
22		the proceeds of taxes imposed by the Authority under Section
23		4.03 which are allocated to the Service Board under Section
24		4.01.
25		(5) If the Board has not found that the budget and
26		financial plan of a Service Board meets the criteria specified
27		in clauses (i) through (vii) of subparagraph (2) of this
28		paragraph (b), the Board shall, five working days after the
29		start of the Service Board's fiscal year adopt a budget and
30		financial plan meeting such criteria for that Service Board.
31		(c)(1) If the Board shall at any time have received a
32		revised estimate, or revises any estimate the Board has made,
33		pursuant to this Section of the receipts to be collected by the
34		Authority which, in the judgment of the Board, requires a
35		change in the estimates on which the budget of any Service
36		Board is based, the Board shall advise the affected Service

1		Board of such revised estimates, and such Service Board shall
2		within 30 days after receipt of such advice submit a revised
3		budget incorporating such revised estimates. If the revised
4		estimates require, in the judgment of the Board, that the
5		system generated revenues recovery ratio of one or more Service
6		Boards be revised in order to allow the Authority to meet its
7		required ratio, the Board shall advise any such Service Board
8		of its revised ratio and such Service Board shall within 30
9		days after receipt of such advice submit a revised budget
10		incorporating such revised estimates or ratio.
11		(2) Each Service Board shall, within such period after the
12		end of each fiscal quarter as shall be specified by the Board,
13		report to the Authority its financial condition and results of
14		operations and the financial condition and results of
15		operations of the public transportation services subject to its
16		jurisdiction, as at the end of and for such quarter. If in the
17		judgment of the Board such condition and results are not
18		substantially in accordance with such Service Board's budget
19		for such period, the Board shall so advise such Service Board
20		and such Service Board shall within the period specified by the
21		Board submit a revised budget incorporating such results.
22		(3) If the Board shall determine that a revised budget
23		submitted by a Service Board pursuant to subparagraph (1) or
24		(2) of this paragraph (c) does not meet the criteria specified
25		in clauses (ii) through (vii) of subparagraph (2) of paragraph
26		(b) of this Section, the Board shall not release any monies to
27		that Service Board except the proceeds of taxes imposed by the
28		Authority under Section 4.03 or 4.03.1 which are allocated to
29		the Service Board under Section 4.01. If the Service Board
30		submits a revised financial plan and budget which plan and
31		budget shows that the criteria will be met within a four
32		quarter period, the Board shall continue to release funds to
33		the Service Board. The Board by a 9 vote of its then Directors
34		may require a Service Board to submit a revised financial plan
35		and budget which shows that the criteria will be met in a time
36		period less than four quarters.

1		(d) All budgets and financial plans, financial statements,
2		audits and other information presented to the Authority
3		pursuant to this Section or which may be required by the Board
4		to permit it to monitor compliance with the provisions of this
5		Section shall be prepared and presented in such manner and
6		frequency and in such detail as shall have been prescribed by
7		the Board, shall be prepared on both an accrual and cash flow
8		basis as specified by the Board, and shall identify and
9		describe the assumptions and projections employed in the
10		preparation thereof to the extent required by the Board. Except
11		when the Board adopts a budget and a financial plan for a
12		Service Board under paragraph (b)(5), a Service Board shall
13		provide for such levels of transportation services and fares or
14		charges therefor as it deems appropriate and necessary in the
15		preparation of a budget and financial plan meeting the criteria
16		set forth in clauses (ii) through (vii) of subparagraph (2) of
17		paragraph (b) of this Section. The Board shall have access to
18		and the right to examine and copy all books, documents, papers,
19		records, or other source data of a Service Board relevant to
20		any information submitted pursuant to this Section.
21		(e) Whenever this Section requires the Board to make
22		determinations with respect to estimates, budgets or financial
23		plans, or rules or regulations with respect thereto such
24		determinations shall be made upon the affirmative vote of at
25		least 9 of the then Directors and shall be incorporated in a
26		written report of the Board and such report shall be submitted
27		within 10 days after such determinations are made to the
28		Governor, the Mayor of Chicago (if such determinations relate
29		to the Chicago Transit Authority), and the Auditor General of
30		Illinois.
31		(Source: P.A. 91-239, eff. 1-1-00; revised 8-23-03.)

32		Section 625. The School Code is amended by changing
33		Sections 2-3.92, 10-20.19c, 14-7.02, and 34-18.15 as follows:
34		(105 ILCS 5/2-3.92) (from Ch. 122, par. 2-3.92)

1		Sec. 2-3.92. Recognition of drug-free schools and
2		communities. To create a Drug-Free Illinois, and maintain that
3		high standard, the State shall recognize those outstanding
4		schools, communities and businesses which are free of drugs.
5		The State Board of Education shall initiate and maintain an
6		annual Governor's Recognition Program for those premier
7		organizations meeting and exceeding stated criteria. The State
8		Board of Education, in consultation with the Department of
9		Commerce and Economic Opportunity Community Affairs and the
10		Department of Human Services, shall set criteria for
11		implementation of this program.
12		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)
13		(105 ILCS 5/10-20.19c) (from Ch. 122, par. 10-20.19c)
14		Sec. 10-20.19c. Recycled paper and paper products.
15		(a) Definitions. As used in this Section, the following
16		terms shall have the meanings indicated, unless the context
17		otherwise requires:
18		"Deinked stock" means paper that has been processed to
19		remove inks, clays, coatings, binders and other contaminants.
20		"High grade printing and writing papers" includes offset
21		printing paper, duplicator paper, writing paper (stationery),
22		tablet paper, office paper, note pads, xerographic paper,
23		envelopes, form bond including computer paper and carbonless
24		forms, book papers, bond papers, ledger paper, book stock and
25		cotton fiber papers.
26		"Paper and paper products" means high grade printing and
27		writing papers, tissue products, newsprint, unbleached
28		packaging and recycled paperboard.
29		"Postconsumer material" means only those products
30		generated by a business or consumer which have served their
31		intended end uses, and which have been separated or diverted
32		from solid waste; wastes generated during the production of an
33		end product are excluded.
34		"Recovered paper material" means paper waste generated
35		after the completion of the papermaking process, such as

1		postconsumer materials, envelope cuttings, bindery trimmings,
2		printing waste, cutting and other converting waste, butt rolls,
3		and mill wrappers, obsolete inventories, and rejected unused
4		stock. "Recovered paper material", however, does not include
5		fibrous waste generated during the manufacturing process such
6		as fibers recovered from waste water or trimmings of paper
7		machine rolls (mill broke), or fibrous byproducts of
8		harvesting, extraction or woodcutting processes, or forest
9		residues such as bark.
10		"Recycled paperboard" includes paperboard products,
11		folding cartons and pad backings.
12		"Tissue products" includes toilet tissue, paper towels,
13		paper napkins, facial tissue, paper doilies, industrial
14		wipers, paper bags and brown papers. These products shall also
15		be unscented and shall not be colored.
16		"Unbleached packaging" includes corrugated and fiber
17		storage boxes.
18		(b) Wherever economically and practically feasible, as
19		determined by the school board, the school board, all public
20		schools and attendance centers within a school district, and
21		their school supply stores shall procure recycled paper and
22		paper products as follows:
23		(1) Beginning July 1, 1992, at least 10% of the total
24		dollar value of paper and paper products purchased by
25		school boards, public schools and attendance centers, and
26		their school supply stores shall be recycled paper and
27		paper products;
28		(2) Beginning July 1, 1995, at least 25% of the total
29		dollar value of paper and paper products purchased by
30		school boards, public schools and attendance centers, and
31		their school supply stores shall be recycled paper and
32		paper products;
33		(3) Beginning July 1, 1999, at least 40% of the total
34		dollar value of paper and paper products purchased by
35		school boards, public schools and attendance centers, and
36		their school supply stores shall be recycled paper and

1		paper products;
2		(4) Beginning July 1, 2001, at least 50% of the total
3		dollar value of paper and paper products purchased by
4		school boards, public schools and attendance centers, and
5		their school supply stores shall be recycled paper and
6		paper products;
7		(5) Beginning upon the effective date of this
8		amendatory Act of 1992, all paper purchased by the board of
9		education, public schools and attendance centers for
10		publication of student newspapers shall be recycled
11		newsprint. The amount purchased shall not be included in
12		calculating the amounts specified in paragraphs (1)
13		through (4).
14		(c) Paper and paper products purchased from private sector
15		vendors pursuant to printing contracts are not considered paper
16		and paper products for the purposes of subsection (b), unless
17		purchased under contract for the printing of student
18		newspapers.
19		(d) (1) Wherever economically and practically feasible,
20		the recycled paper and paper products referred to in
21		subsection (b) shall contain postconsumer or recovered
22		paper materials as specified by paper category in this
23		subsection:
24		(i) Recycled high grade printing and writing paper
25		shall contain at least 50% recovered paper material.
26		Such recovered paper material, until July 1, 1994,
27		shall consist of at least 20% deinked stock or
28		postconsumer material; and beginning July 1, 1994,
29		shall consist of at least 25% deinked stock or
30		postconsumer material; and beginning July 1, 1996,
31		shall consist of at least 30% deinked stock or
32		postconsumer material; and beginning July 1, 1998,
33		shall consist of at least 40% deinked stock or
34		postconsumer material; and beginning July 1, 2000,
35		shall consist of at least 50% deinked stock or
36		postconsumer material.

1		(ii) Recycled tissue products, until July 1, 1994,
2		shall contain at least 25% postconsumer material; and
3		beginning July 1, 1994, shall contain at least 30%
4		postconsumer material; and beginning July 1, 1996,
5		shall contain at least 35% postconsumer material; and
6		beginning July 1, 1998, shall contain at least 40%
7		postconsumer material; and beginning July 1, 2000,
8		shall contain at least 45% postconsumer material.
9		(iii) Recycled newsprint, until July 1, 1994,
10		shall contain at least 40% postconsumer material; and
11		beginning July 1, 1994, shall contain at least 50%
12		postconsumer material; and beginning July 1, 1996,
13		shall contain at least 60% postconsumer material; and
14		beginning July 1, 1998, shall contain at least 70%
15		postconsumer material; and beginning July 1, 2000,
16		shall contain at least 80% postconsumer material.
17		(iv) Recycled unbleached packaging, until July 1,
18		1994, shall contain at least 35% postconsumer
19		material; and beginning July 1, 1994, shall contain at
20		least 40% postconsumer material; and beginning July 1,
21		1996, shall contain at least 45% postconsumer
22		material; and beginning July 1, 1998, shall contain at
23		least 50% postconsumer material; and beginning July 1,
24		2000, shall contain at least 55% postconsumer
25		material.
26		(v) Recycled paperboard, until July 1, 1994, shall
27		contain at least 80% postconsumer material; and
28		beginning July 1, 1994, shall contain at least 85%
29		postconsumer material; and beginning July 1, 1996,
30		shall contain at least 90% postconsumer material; and
31		beginning July 1, 1998, shall contain at least 95%
32		postconsumer material.
33		(2) For the purposes of this Section, "postconsumer
34		material" includes:
35		(i) paper, paperboard, and fibrous waste from
36		retail stores, office buildings, homes and so forth,

1		after the waste has passed through its end usage as a
2		consumer item, including used corrugated boxes, old
3		newspapers, mixed waste paper, tabulating cards, and
4		used cordage; and
5		(ii) all paper, paperboard, and fibrous wastes
6		that are diverted or separated from the municipal waste
7		stream.
8		(3) For the purposes of this Section, "recovered paper
9		material" includes:
10		(i) postconsumer material;
11		(ii) dry paper and paperboard waste generated
12		after completion of the papermaking process (that is,
13		those manufacturing operations up to and including the
14		cutting and trimming of the paper machine reel into
15		smaller rolls or rough sheets), including envelope
16		cuttings, bindery trimmings, and other paper and
17		paperboard waste resulting from printing, cutting,
18		forming and other converting operations, or from bag,
19		box and carton manufacturing, and butt rolls, mill
20		wrappers, and rejected unused stock; and
21		(iii) finished paper and paperboard from obsolete
22		inventories of paper and paperboard manufacturers,
23		merchants, wholesalers, dealers, printers, converters
24		or others.
25		(e) Nothing in this Section shall be deemed to apply to art
26		materials, nor to any newspapers, magazines, text books,
27		library books or other copyrighted publications which are
28		purchased or used by any school board or any public school or
29		attendance center within a school district, or which are sold
30		in any school supply store operated by or within any such
31		school or attendance center, other than newspapers written,
32		edited or produced by students enrolled in the school district,
33		public school or attendance center.
34		(f) The State Board of Education, in coordination with the
35		Departments of Central Management Services and Commerce and
36		Economic Opportunity Community Affairs, may adopt such rules

1		and regulations as it deems necessary to assist districts in
2		carrying out the provisions of this Section.
3		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
4		(105 ILCS 5/14-7.02) (from Ch. 122, par. 14-7.02)
5		Sec. 14-7.02. Children attending private schools, public
6		out-of-state schools, public school residential facilities or
7		private special education facilities. The General Assembly
8		recognizes that non-public schools or special education
9		facilities provide an important service in the educational
10		system in Illinois.
11		If because of his or her disability the special education
12		program of a district is unable to meet the needs of a child
13		and the child attends a non-public school or special education
14		facility, a public out-of-state school or a special education
15		facility owned and operated by a county government unit that
16		provides special educational services required by the child and
17		is in compliance with the appropriate rules and regulations of
18		the State Superintendent of Education, the school district in
19		which the child is a resident shall pay the actual cost of
20		tuition for special education and related services provided
21		during the regular school term and during the summer school
22		term if the child's educational needs so require, excluding
23		room, board and transportation costs charged the child by that
24		non-public school or special education facility, public
25		out-of-state school or county special education facility, or
26		$4,500 per year, whichever is less, and shall provide him any
27		necessary transportation. "Nonpublic special education
28		facility" shall include a residential facility, within or
29		without the State of Illinois, which provides special education
30		and related services to meet the needs of the child by
31		utilizing private schools or public schools, whether located on
32		the site or off the site of the residential facility.
33		The State Board of Education shall promulgate rules and
34		regulations for determining when placement in a private special
35		education facility is appropriate. Such rules and regulations

1		shall take into account the various types of services needed by
2		a child and the availability of such services to the particular
3		child in the public school. In developing these rules and
4		regulations the State Board of Education shall consult with the
5		Advisory Council on Education of Children with Disabilities and
6		hold public hearings to secure recommendations from parents,
7		school personnel, and others concerned about this matter.
8		The State Board of Education shall also promulgate rules
9		and regulations for transportation to and from a residential
10		school. Transportation to and from home to a residential school
11		more than once each school term shall be subject to prior
12		approval by the State Superintendent in accordance with the
13		rules and regulations of the State Board.
14		A school district making tuition payments pursuant to this
15		Section is eligible for reimbursement from the State for the
16		amount of such payments actually made in excess of the district
17		per capita tuition charge for students not receiving special
18		education services. Such reimbursement shall be approved in
19		accordance with Section 14-12.01 and each district shall file
20		its claims, computed in accordance with rules prescribed by the
21		State Board of Education, on forms prescribed by the State
22		Superintendent of Education. Data used as a basis of
23		reimbursement claims shall be for the preceding regular school
24		term and summer school term. Each school district shall
25		transmit its claims to the State Board of Education on or
26		before August 15. The State Board of Education, before
27		approving any such claims, shall determine their accuracy and
28		whether they are based upon services and facilities provided
29		under approved programs. Upon approval the State Board shall
30		cause vouchers to be prepared showing the amount due for
31		payment of reimbursement claims to school districts, for
32		transmittal to the State Comptroller on the 30th day of
33		September, December, and March, respectively, and the final
34		voucher, no later than June 20. If the money appropriated by
35		the General Assembly for such purpose for any year is
36		insufficient, it shall be apportioned on the basis of the

1		claims approved.
2		No child shall be placed in a special education program
3		pursuant to this Section if the tuition cost for special
4		education and related services increases more than 10 percent
5		over the tuition cost for the previous school year or exceeds
6		$4,500 per year unless such costs have been approved by the
7		Illinois Purchased Care Review Board. The Illinois Purchased
8		Care Review Board shall consist of the following persons, or
9		their designees: the Directors of Children and Family Services,
10		Public Health, Public Aid, and the Governor's Office of
11		Management and Budget Bureau of the Budget; the Secretary of
12		Human Services; the State Superintendent of Education; and such
13		other persons as the Governor may designate. The Review Board
14		shall establish rules and regulations for its determination of
15		allowable costs and payments made by local school districts for
16		special education, room and board, and other related services
17		provided by non-public schools or special education facilities
18		and shall establish uniform standards and criteria which it
19		shall follow.
20		The Review Board shall establish uniform definitions and
21		criteria for accounting separately by special education, room
22		and board and other related services costs. The Board shall
23		also establish guidelines for the coordination of services and
24		financial assistance provided by all State agencies to assure
25		that no otherwise qualified disabled child receiving services
26		under Article 14 shall be excluded from participation in, be
27		denied the benefits of or be subjected to discrimination under
28		any program or activity provided by any State agency.
29		The Review Board shall review the costs for special
30		education and related services provided by non-public schools
31		or special education facilities and shall approve or disapprove
32		such facilities in accordance with the rules and regulations
33		established by it with respect to allowable costs.
34		The State Board of Education shall provide administrative
35		and staff support for the Review Board as deemed reasonable by
36		the State Superintendent of Education. This support shall not

1		include travel expenses or other compensation for any Review
2		Board member other than the State Superintendent of Education.
3		The Review Board shall seek the advice of the Advisory
4		Council on Education of Children with Disabilities on the rules
5		and regulations to be promulgated by it relative to providing
6		special education services.
7		If a child has been placed in a program in which the actual
8		per pupil costs of tuition for special education and related
9		services based on program enrollment, excluding room, board and
10		transportation costs, exceed $4,500 and such costs have been
11		approved by the Review Board, the district shall pay such total
12		costs which exceed $4,500. A district making such tuition
13		payments in excess of $4,500 pursuant to this Section shall be
14		responsible for an amount in excess of $4,500 equal to the
15		district per capita tuition charge and shall be eligible for
16		reimbursement from the State for the amount of such payments
17		actually made in excess of the districts per capita tuition
18		charge for students not receiving special education services.
19		If a child has been placed in an approved individual
20		program and the tuition costs including room and board costs
21		have been approved by the Review Board, then such room and
22		board costs shall be paid by the appropriate State agency
23		subject to the provisions of Section 14-8.01 of this Act. Room
24		and board costs not provided by a State agency other than the
25		State Board of Education shall be provided by the State Board
26		of Education on a current basis. In no event, however, shall
27		the State's liability for funding of these tuition costs begin
28		until after the legal obligations of third party payors have
29		been subtracted from such costs. If the money appropriated by
30		the General Assembly for such purpose for any year is
31		insufficient, it shall be apportioned on the basis of the
32		claims approved. Each district shall submit estimated claims to
33		the State Superintendent of Education. Upon approval of such
34		claims, the State Superintendent of Education shall direct the
35		State Comptroller to make payments on a monthly basis. The
36		frequency for submitting estimated claims and the method of

1		determining payment shall be prescribed in rules and
2		regulations adopted by the State Board of Education. Such
3		current state reimbursement shall be reduced by an amount equal
4		to the proceeds which the child or child's parents are eligible
5		to receive under any public or private insurance or assistance
6		program. Nothing in this Section shall be construed as
7		relieving an insurer or similar third party from an otherwise
8		valid obligation to provide or to pay for services provided to
9		a disabled child.
10		If it otherwise qualifies, a school district is eligible
11		for the transportation reimbursement under Section 14-13.01
12		and for the reimbursement of tuition payments under this
13		Section whether the non-public school or special education
14		facility, public out-of-state school or county special
15		education facility, attended by a child who resides in that
16		district and requires special educational services, is within
17		or outside of the State of Illinois. However, a district is not
18		eligible to claim transportation reimbursement under this
19		Section unless the district certifies to the State
20		Superintendent of Education that the district is unable to
21		provide special educational services required by the child for
22		the current school year.
23		Nothing in this Section authorizes the reimbursement of a
24		school district for the amount paid for tuition of a child
25		attending a non-public school or special education facility,
26		public out-of-state school or county special education
27		facility unless the school district certifies to the State
28		Superintendent of Education that the special education program
29		of that district is unable to meet the needs of that child
30		because of his disability and the State Superintendent of
31		Education finds that the school district is in substantial
32		compliance with Section 14-4.01.
33		Any educational or related services provided, pursuant to
34		this Section in a non-public school or special education
35		facility or a special education facility owned and operated by
36		a county government unit shall be at no cost to the parent or

1		guardian of the child. However, current law and practices
2		relative to contributions by parents or guardians for costs
3		other than educational or related services are not affected by
4		this amendatory Act of 1978.
5		Reimbursement for children attending public school
6		residential facilities shall be made in accordance with the
7		provisions of this Section.
8		Notwithstanding any other provision of law, any school
9		district receiving a payment under this Section or under
10		Section 14-7.02a, 14-13.01, or 29-5 of this Code may classify
11		all or a portion of the funds that it receives in a particular
12		fiscal year or from general State aid pursuant to Section
13		18-8.05 of this Code as funds received in connection with any
14		funding program for which it is entitled to receive funds from
15		the State in that fiscal year (including, without limitation,
16		any funding program referenced in this Section), regardless of
17		the source or timing of the receipt. The district may not
18		classify more funds as funds received in connection with the
19		funding program than the district is entitled to receive in
20		that fiscal year for that program. Any classification by a
21		district must be made by a resolution of its board of
22		education. The resolution must identify the amount of any
23		payments or general State aid to be classified under this
24		paragraph and must specify the funding program to which the
25		funds are to be treated as received in connection therewith.
26		This resolution is controlling as to the classification of
27		funds referenced therein. A certified copy of the resolution
28		must be sent to the State Superintendent of Education. The
29		resolution shall still take effect even though a copy of the
30		resolution has not been sent to the State Superintendent of
31		Education in a timely manner. No classification under this
32		paragraph by a district shall affect the total amount or timing
33		of money the district is entitled to receive under this Code.
34		No classification under this paragraph by a district shall in
35		any way relieve the district from or affect any requirements
36		that otherwise would apply with respect to that funding

1		program, including any accounting of funds by source, reporting
2		expenditures by original source and purpose, reporting
3		requirements, or requirements of providing services.
4		(Source: P.A. 91-764, eff. 6-9-00; 92-568, eff. 6-26-02;
5		revised 8-23-03.)
6		(105 ILCS 5/34-18.15) (from Ch. 122, par. 34-18.15)
7		Sec. 34-18.15. Recycled paper and paper products.
8		(a) Definitions. As used in this Section, the following
9		terms shall have the meanings indicated, unless the context
10		otherwise requires:
11		"Deinked stock" means paper that has been processed to
12		remove inks, clays, coatings, binders and other contaminants.
13		"High grade printing and writing papers" includes offset
14		printing paper, duplicator paper, writing paper (stationery),
15		tablet paper, office paper, note pads, xerographic paper,
16		envelopes, form bond including computer paper and carbonless
17		forms, book papers, bond papers, ledger paper, book stock and
18		cotton fiber papers.
19		"Paper and paper products" means high grade printing and
20		writing papers, tissue products, newsprint, unbleached
21		packaging and recycled paperboard.
22		"Postconsumer material" means only those products
23		generated by a business or consumer which have served their
24		intended end uses, and which have been separated or diverted
25		from solid waste; wastes generated during the production of an
26		end product are excluded.
27		"Recovered paper material" means paper waste generated
28		after the completion of the papermaking process, such as
29		postconsumer materials, envelope cuttings, bindery trimmings,
30		printing waste, cutting and other converting waste, butt rolls,
31		and mill wrappers, obsolete inventories, and rejected unused
32		stock. "Recovered paper material", however, does not include
33		fibrous waste generated during the manufacturing process as
34		fibers recovered from waste water or trimmings of paper machine
35		rolls (mill broke), or fibrous byproducts of harvesting,

1		extraction or woodcutting processes, or forest residues such as
2		bark.
3		"Recycled paperboard" includes paperboard products,
4		folding cartons and pad backings.
5		"Tissue products" includes toilet tissue, paper towels,
6		paper napkins, facial tissue, paper doilies, industrial
7		wipers, paper bags and brown papers. These products shall also
8		be unscented and shall not be colored.
9		"Unbleached packaging" includes corrugated and fiber
10		storage boxes.
11		(b) Wherever economically and practically feasible, as
12		determined by the board of education, the board of education,
13		all public schools and attendance centers within the school
14		district, and their school supply stores shall procure recycled
15		paper and paper products as follows:
16		(1) Beginning July 1, 1992, at least 10% of the total
17		dollar value of paper and paper products purchased by the
18		board of education, public schools and attendance centers,
19		and their school supply stores shall be recycled paper and
20		paper products;
21		(2) Beginning July 1, 1995, at least 25% of the total
22		dollar value of paper and paper products purchased by the
23		board of education, public schools and attendance centers,
24		and their school supply stores shall be recycled paper and
25		paper products;
26		(3) Beginning July 1, 1999, at least 40% of the total
27		dollar value of paper and paper products purchased by the
28		board of education, public schools and attendance centers,
29		and their school supply stores shall be recycled paper and
30		paper products;
31		(4) Beginning July 1, 2001, at least 50% of the total
32		dollar value of paper and paper products purchased by the
33		board of education, public schools and attendance centers,
34		and their school supply stores shall be recycled paper and
35		paper products;
36		(5) Beginning upon the effective date of this

1		amendatory Act of 1992, all paper purchased by the board of
2		education, public schools and attendance centers for
3		publication of student newspapers shall be recycled
4		newsprint. The amount purchased shall not be included in
5		calculating the amounts specified in paragraphs (1)
6		through (4).
7		(c) Paper and paper products purchased from private sector
8		vendors pursuant to printing contracts are not considered paper
9		and paper products for the purposes of subsection (b), unless
10		purchased under contract for the printing of student
11		newspapers.
12		(d)(1) Wherever economically and practically feasible, the
13		recycled paper and paper products referred to in subsection (b)
14		shall contain postconsumer or recovered paper materials as
15		specified by paper category in this subsection:
16		(i) Recycled high grade printing and writing paper
17		shall contain at least 50% recovered paper material. Such
18		recovered paper material, until July 1, 1994, shall consist
19		of at least 20% deinked stock or postconsumer material; and
20		beginning July 1, 1994, shall consist of at least 25%
21		deinked stock or postconsumer material; and beginning July
22		1, 1996, shall consist of at least 30% deinked stock or
23		postconsumer material; and beginning July 1, 1998, shall
24		consist of at least 40% deinked stock or postconsumer
25		material; and beginning July 1, 2000, shall consist of at
26		least 50% deinked stock or postconsumer material.
27		(ii) Recycled tissue products, until July 1, 1994,
28		shall contain at least 25% postconsumer material; and
29		beginning July 1, 1994, shall contain at least 30%
30		postconsumer material; and beginning July 1, 1996, shall
31		contain at least 35% postconsumer material; and beginning
32		July 1, 1998, shall contain at least 40% postconsumer
33		material; and beginning July 1, 2000, shall contain at
34		least 45% postconsumer material.
35		(iii) Recycled newsprint, until July 1, 1994, shall
36		contain at least 40% postconsumer material; and beginning

1		July 1, 1994, shall contain at least 50% postconsumer
2		material; and beginning July 1, 1996, shall contain at
3		least 60% postconsumer material; and beginning July 1,
4		1998, shall contain at least 70% postconsumer material; and
5		beginning July 1, 2000, shall contain at least 80%
6		postconsumer material.
7		(iv) Recycled unbleached packaging, until July 1,
8		1994, shall contain at least 35% postconsumer material; and
9		beginning July 1, 1994, shall contain at least 40%
10		postconsumer material; and beginning July 1, 1996, shall
11		contain at least 45% postconsumer material; and beginning
12		July 1, 1998, shall contain at least 50% postconsumer
13		material; and beginning July 1, 2000, shall contain at
14		least 55% postconsumer material.
15		(v) Recycled paperboard, until July 1, 1994, shall
16		contain at least 80% postconsumer material; and beginning
17		July 1, 1994, shall contain at least 85% postconsumer
18		material; and beginning July 1, 1996, shall contain at
19		least 90% postconsumer material; and beginning July 1,
20		1998, shall contain at least 95% postconsumer material.
21		(2) For the purposes of this Section, "postconsumer
22		material" includes:
23		(i) paper, paperboard, and fibrous waste from retail
24		stores, office buildings, homes and so forth, after the
25		waste has passed through its end usage as a consumer item,
26		including used corrugated boxes, old newspapers, mixed
27		waste paper, tabulating cards, and used cordage; and
28		(ii) all paper, paperboard, and fibrous wastes that are
29		diverted or separated from the municipal waste stream.
30		(3) For the purpose of this Section, "recovered paper
31		material" includes:
32		(i) postconsumer material;
33		(ii) dry paper and paperboard waste generated after
34		completion of the papermaking process (that is, those
35		manufacturing operations up to and including the cutting
36		and trimming of the paper machine reel into smaller rolls

1		or rough sheets), including envelope cuttings, bindery
2		trimmings, and other paper and paperboard waste resulting
3		from printing, cutting, forming and other converting
4		operations, or from bag, box and carton manufacturing, and
5		butt rolls, mill wrappers, and rejected unused stock; and
6		(iii) finished paper and paperboard from obsolete
7		inventories of paper and paperboard manufacturers,
8		merchants, wholesalers, dealers, printers, converters or
9		others.
10		(e) Nothing in this Section shall be deemed to apply to art
11		materials, nor to any newspapers, magazines, text books,
12		library books or other copyrighted publications which are
13		purchased or used by the board of education or any public
14		school or attendance center within the school district, or
15		which are sold in any school supply store operated by or within
16		any such school or attendance center, other than newspapers
17		written, edited or produced by students enrolled in the school
18		district, public school or attendance center.
19		(f) The State Board of Education, in coordination with the
20		Departments of Central Management Services and Commerce and
21		Economic Opportunity Community Affairs, may adopt such rules
22		and regulations as it deems necessary to assist districts in
23		carrying out the provisions of this Section.
24		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

25		Section 630. The School District Educational Effectiveness
26		and Fiscal Efficiency Act is amended by changing Sections 3 and
27		5 as follows:
28		(105 ILCS 205/3) (from Ch. 122, par. 873)
29		Sec. 3. Awarding of grants.
30		Applications for grants shall be made annually to the
31		Office of the Superintendent of Public Instruction on forms
32		provided by that office. The Superintendent and the Director of
33		the Governor's Office of Management and Budget Bureau of the
34		Budget shall select applicants to receive grants and shall,

1		insofar as possible, distribute grants to elementary,
2		secondary and unit districts of diverse size and representative
3		of every region of the State. Preference will be given to
4		districts that have committed or are planning to commit
5		additional local funds toward the development of such a system.
6		In determining the amount of each grant, the Superintendent
7		of Public Instruction and the Director of the Governor's Office
8		of Management and Budget Bureau of the Budget shall give
9		consideration to the size of the district and the extent to
10		which the district has previously instituted procedures
11		similar to those described in this Act.
12		(Source: P.A. 77-2191; revised 8-23-03.)
13		(105 ILCS 205/5) (from Ch. 122, par. 875)
14		Sec. 5. Rules and regulations. The Superintendent of Public
15		Instruction in consultation with the Director of the Governor's
16		Office of Management and Budget Bureau of the Budget shall
17		adopt such rules and regulations necessary to implement this
18		Act.
19		(Source: P.A. 77-2191; revised 8-23-03.)

20		Section 635. The Adult Education Reporting Act is amended
21		by changing Section 1 as follows:
22		(105 ILCS 410/1) (from Ch. 122, par. 1851)
23		Sec. 1. As used in this Act, "agency" means: the
24		Departments of Corrections, Public Aid, Commerce and Economic
25		Opportunity Community Affairs, Human Services, and Public
26		Health; the Secretary of State; the Illinois Community College
27		Board; and the Administrative Office of the Illinois Courts. On
28		and after July 1, 2001, "agency" includes the State Board of
29		Education and does not include the Illinois Community College
30		Board.
31		(Source: P.A. 91-830, eff. 7-1-00; revised 12-6-03.)

32

Section 640. The Conservation Education Act is amended by

1		changing Section 3 as follows:
2		(105 ILCS 415/3) (from Ch. 122, par. 698.3)
3		Sec. 3. Advisory Board.
4		(a) An Advisory Board is hereby established consisting of
5		the Director of Agriculture, the Director of Natural Resources,
6		the Director of the Environmental Protection Agency, the State
7		Superintendent of Education, the Director of Commerce and
8		Economic Opportunity Community Affairs, the Director of Public
9		Health, the Director of Nuclear Safety, the Director of the
10		University of Illinois Cooperative Extension Service, and 4
11		members to be appointed by the Governor. The appointed members
12		shall consist of: a representative of the colleges and
13		universities of the State of Illinois, a member of a soil
14		conservation district within the State of Illinois, a classroom
15		teacher who has won the Conservation Teacher of the Year Award,
16		and a representative of business and industry. All appointive
17		members shall be appointed for terms of 3 years except when an
18		appointment is made to fill a vacancy, in which case the
19		appointment shall be made by the Governor for the unexpired
20		term of the position vacant. In selecting the appointive
21		members of the Advisory Board, the Governor shall give due
22		consideration to the recommendations of such professional
23		organizations as are concerned with the conservation education
24		program. Members of the Advisory Board shall serve without
25		compensation but shall be reimbursed for actual and necessary
26		expenses incurred in the administration of the Act. Each of the
27		members serving ex officio may designate a person to serve in
28		his or her place.
29		(b) The Advisory Board shall select its own Chairman,
30		establish rules and procedures not inconsistent with this Act
31		and shall keep a record of matters transpiring at all meetings.
32		The Board shall hold regular meetings at least 4 times each
33		year and special meetings shall be held at the call of the
34		Chairman or any 3 members of the Board. All matters coming
35		before the Board shall be decided by a majority vote of those

1		present at any meeting.
2		(c) The Advisory Board from time to time shall make
3		recommendations concerning the conservation education program
4		within the State of Illinois.
5		(Source: P.A. 92-229, eff. 8-2-01; revised 12-6-03.)

6		Section 645. The Vocational Education Act is amended by
7		changing Section 2.1 as follows:
8		(105 ILCS 435/2.1) (from Ch. 122, par. 697.1)
9		Sec. 2.1. Gender Equity Advisory Committee.
10		(a) The Superintendent of the State Board of Education
11		shall appoint a Gender Equity Advisory Committee of at least 9
12		members to advise and consult with the State Board of Education
13		and the gender equity coordinator in all aspects relating to
14		ensuring that all students have equal educational
15		opportunities to pursue high wage, high skill occupations
16		leading to economic self-sufficiency.
17		(b) Membership shall include without limitation one
18		regional gender equity coordinator, 2 State Board of Education
19		employees, the Department of Labor's Displaced Homemaker
20		Program Manager, and 5 citizen appointees who have expertise in
21		one or more of the following areas: nontraditional training and
22		placement, service delivery to single parents, service
23		delivery to displaced homemakers, service delivery to female
24		teens, business and industry experience, and
25		Education-to-Careers experience. Membership also may include
26		employees from the Department of Commerce and Economic
27		Opportunity Community Affairs, the Department of Human
28		Services, and the Illinois Community College Board who have
29		expertise in one or more of the areas listed in this subsection
30		(b) for the citizen appointees. Appointments shall be made
31		taking into consideration expertise of services provided in
32		secondary, postsecondary and community based programs.
33		(c) Members shall initially be appointed to one year terms
34		commencing in January 1, 1990, and thereafter to two year terms

1		commencing on January 1 of each odd numbered year. Vacancies
2		shall be filled as prescribed in subsection (b) for the
3		remainder of the unexpired term.
4		(d) Each newly appointed committee shall elect a Chair and
5		Secretary from its members. Members shall serve without
6		compensation, but shall be reimbursed for expenses incurred in
7		the performance of their duties. The Committee shall meet at
8		least bi-annually and at other times at the call of the Chair
9		or at the request of the gender equity coordinator.
10		(Source: P.A. 91-304, eff. 1-1-00; revised 12-6-03.)

11		Section 650. The Board of Higher Education Act is amended
12		by changing Sections 9.12, 9.18, and 9.25 as follows:
13		(110 ILCS 205/9.12) (from Ch. 144, par. 189.12)
14		Sec. 9.12. To encourage the coordination of research and
15		service programs in the several State universities to furnish
16		assistance to the communities and citizens of this State in
17		meeting special economic needs arising from the removal or
18		termination of substantial industrial or commercial operations
19		and the waste of human and economic resources which often
20		results from such removal.
21		Such programs may include assistance in identifying
22		opportunities for the replacement of the lost operations, in
23		determining the economic feasibility of the various
24		opportunities available, and in the development of new products
25		or services suitable for production in the particular facility
26		made available by the relocation.
27		The Department of Commerce and Economic Opportunity
28		Community Affairs may assist the universities by providing,
29		with the assistance of the Board, a system for referring
30		particular economic problems to the most appropriate research
31		and service program.
32		(Source: P.A. 82-783; revised 12-6-03.)
33		(110 ILCS 205/9.18) (from Ch. 144, par. 189.18)

1		Sec. 9.18. To review the annual budget proposals of the
2		Illinois Mathematics and Science Academy and to submit to the
3		Governor, the General Assembly, the Governor's Office of
4		Management and Budget Bureau of the Budget, and the Illinois
5		Economic and Fiscal Commission its analysis and
6		recommendations on such budget proposals.
7		(Source: P.A. 85-1019; revised 8-23-03.)
8		(110 ILCS 205/9.25)
9		Sec. 9.25. Feasibility study; Parks College. The
10		Department of Commerce and Economic Opportunity Community
11		Affairs along with the Board of Higher Education shall conduct
12		an economic and educational feasibility study for the future
13		development of Parks College in Cahokia, Illinois.
14		(Source: P.A. 89-279, eff. 1-1-96; 89-626, eff. 8-9-96; revised
15		12-6-03.)

16		Section 655. The Southern Illinois University Management
17		Act is amended by changing Section 6.6 as follows:
18		(110 ILCS 520/6.6)
19		Sec. 6.6. The Illinois Ethanol Research Advisory Board.
20		(a) There is established the Illinois Ethanol Research
21		Advisory Board (the "Advisory Board").
22		(b) The Advisory Board shall be composed of 13 members
23		including: the President of Southern Illinois University who
24		shall be Chairman; the Director of Commerce and Economic
25		Opportunity Community Affairs; the Director of Agriculture;
26		the President of the Illinois Corn Growers Association; the
27		President of the National Corn Growers Association; the
28		President of the Renewable Fuels Association; the Dean of the
29		College of Agricultural, Consumer, and Environmental Science,
30		University of Illinois at Champaign-Urbana; and 6 at-large
31		members appointed by the Governor representing the ethanol
32		industry, growers, suppliers, and universities.
33		(c) The 6 at-large members shall serve a term of 4 years.

1		The Advisory Board shall meet at least annually or at the call
2		of the Chairman. At any time a majority of the Advisory Board
3		may petition the Chairman for a meeting of the Board. Seven
4		members of the Advisory Board shall constitute a quorum.
5		(d) The Advisory Board shall:
6		(1) Review the annual operating plans and budget of the
7		National Corn-to-Ethanol Research Pilot Plant.
8		(2) Advise on research and development priorities and
9		projects to be carried out at the Corn-to-Ethanol Research
10		Pilot Plant.
11		(3) Advise on policies and procedures regarding the
12		management and operation of the ethanol research pilot
13		plant. This may include contracts, project selection, and
14		personnel issues.
15		(4) Develop bylaws.
16		(5) Submit a final report to the Governor and General
17		Assembly outlining the progress and accomplishments made
18		during the year along with a financial report for the year.
19		(e) The Advisory Board established by this Section is a
20		continuation, as changed by the Section, of the Board
21		established under Section 8a of the Energy Conservation and
22		Coal Act and repealed by this amendatory Act of the 92nd
23		General Assembly.
24		(Source: P.A. 92-736, eff. 7-25-02; revised 12-6-03.)

25		Section 660. The Illinois State University Law is amended
26		by changing Section 20-115 as follows:
27		(110 ILCS 675/20-115)
28		Sec. 20-115. Illinois Institute for Entrepreneurship
29		Education.
30		(a) There is created, effective July 1, 1997, within the
31		State at Illinois State University, the Illinois Institute for
32		Entrepreneurship Education, hereinafter referred to as the
33		Institute.
34		(b) The Institute created under this Section shall commence

1		its operations on July 1, 1997 and shall have a board composed
2		of 15 members representative of education, commerce and
3		industry, government, or labor, appointed as follows: 2 members
4		shall be appointees of the Governor, one of whom shall be a
5		minority or female person as defined in Section 2 of the
6		Business Enterprise for Minorities, Females, and Persons with
7		Disabilities Act; one member shall be an appointee of the
8		President of the Senate; one member shall be an appointee of
9		the Minority Leader of the Senate; one member shall be an
10		appointee of the Speaker of the House of Representatives; one
11		member shall be an appointee of the Minority Leader of the
12		House of Representatives; 2 members shall be appointees of
13		Illinois State University; one member shall be an appointee of
14		the Board of Higher Education; one member shall be an appointee
15		of the State Board of Education; one member shall be an
16		appointee of the Department of Commerce and Economic
17		Opportunity Community Affairs; one member shall be an appointee
18		of the Illinois chapter of Economics America; and 3 members
19		shall be appointed by majority vote of the other 12 appointed
20		members to represent business owner-entrepreneurs. Each member
21		shall have expertise and experience in the area of
22		entrepreneurship education, including small business and
23		entrepreneurship. The majority of voting members must be from
24		the private sector. The members initially appointed to the
25		board of the Institute created under this Section shall be
26		appointed to take office on July 1, 1997 and shall by lot
27		determine the length of their respective terms as follows: 5
28		members shall be selected by lot to serve terms of one year, 5
29		members shall be selected by lot to serve terms of 2 years, and
30		5 members shall be selected by lot to serve terms of 3 years.
31		Subsequent appointees shall each serve terms of 3 years. The
32		board shall annually select a chairperson from among its
33		members. Each board member shall serve without compensation but
34		shall be reimbursed for expenses incurred in the performance of
35		his or her duties.
36		(c) The purpose of the Institute shall be to foster the

1		growth and development of entrepreneurship education in the
2		State of Illinois. The Institute shall help remedy the
3		deficiencies in the preparation of entrepreneurship education
4		teachers, increase the quality and quantity of
5		entrepreneurship education programs, improve instructional
6		materials, and prepare personnel to serve as leaders and
7		consultants in the field of entrepreneurship education and
8		economic development. The Institute shall promote
9		entrepreneurship as a career option, promote and support the
10		development of innovative entrepreneurship education materials
11		and delivery systems, promote business, industry, and
12		education partnerships, promote collaboration and involvement
13		in entrepreneurship education programs, encourage and support
14		in-service and preservice teacher education programs within
15		various educational systems, and develop and distribute
16		relevant materials. The Institute shall provide a framework
17		under which the public and private sectors may work together
18		toward entrepreneurship education goals. These goals shall be
19		achieved by bringing together programs that have an impact on
20		entrepreneurship education to achieve coordination among
21		agencies and greater efficiency in the expenditure of funds.
22		(d) Beginning July 1, 1997, the Institute shall have the
23		following powers subject to State and Illinois State University
24		Board of Trustees regulations and guidelines:
25		(1) To employ and determine the compensation of an
26		executive director and such staff as it deems necessary;
27		(2) To own property and expend and receive funds and
28		generate funds;
29		(3) To enter into agreements with public and private
30		entities in the furtherance of its purpose; and
31		(4) To request and receive the cooperation and
32		assistance of all State departments and agencies in the
33		furtherance of its purpose.
34		(e) The board of the Institute shall be a policy making
35		body with the responsibility for planning and developing
36		Institute programs. The Institute, through the Board of

1		Trustees of Illinois State University, shall annually report to
2		the Governor and General Assembly by January 31 as to its
3		activities and operations, including its findings and
4		recommendations.
5		(f) Beginning on July 1, 1997, the Institute created under
6		this Section shall be deemed designated by law as the successor
7		to the Illinois Institute for Entrepreneurship Education,
8		previously created and existing under Section 2-11.5 of the
9		Public Community College Act until its abolition on July 1,
10		1997 as provided in that Section. On July 1, 1997, all
11		financial and other records of the Institute so abolished and
12		all of its property, whether real or personal, including but
13		not limited to all inventory and equipment, shall be deemed
14		transferred by operation of law to the Illinois Institute for
15		Entrepreneurship Education created under this Section 20-115.
16		The Illinois Institute for Entrepreneurship Education created
17		under this Section 20-115 shall have, with respect to the
18		predecessor Institute so abolished, all authority, powers, and
19		duties of a successor agency under Section 10-15 of the
20		Successor Agency Act.
21		(Source: P.A. 90-278, eff. 7-31-97; revised 12-6-03.)

22		Section 665. The Baccalaureate Savings Act is amended by
23		changing Sections 4, 5, and 8 as follows:
24		(110 ILCS 920/4) (from Ch. 144, par. 2404)
25		Sec. 4. Issuance and Sale of College Savings Bonds. In
26		order to provide investors with investment alternatives to
27		enhance their financial access to Institutions of Higher
28		Education located in the State of Illinois, and in furtherance
29		of the public policy of this Act, bonds authorized by the
30		provisions of the General Obligation Bond Act, in a total
31		aggregate original principal amount not to exceed
32		$2,200,000,000 may be issued and sold from time to time, and as
33		often as practicable, as College Savings Bonds in such amounts
34		as directed by the Governor, upon recommendation by the

1		Director of the Governor's Office of Management and Budget
2		Bureau of the Budget. Bonds to be issued and sold as College
3		Savings Bonds shall be designated by the Governor and the
4		Director of the Governor's Office of Management and Budget
5		Bureau of the Budget as "General Obligation College Savings
6		Bonds" in the proceedings authorizing the issuance of such
7		Bonds, and shall be subject to all of the terms and provisions
8		of the General Obligation Bond Act, except that College Savings
9		Bonds may bear interest payable at such time or times and may
10		be sold at such prices and in such manner as may be determined
11		by the Governor and the Director of the Governor's Office of
12		Management and Budget Bureau of the Budget and except as
13		otherwise provided in this Act. If College Savings Bonds are
14		sold at public sale, the public sale procedures shall be as set
15		forth in Section 11 of the General Obligation Bond Act. College
16		Savings Bonds may be sold at negotiated sale if the Director of
17		the Governor's Office of Management and Budget Bureau of the
18		Budget determines that a negotiated sale will result in either
19		a more efficient and economic sale of such Bonds or greater
20		access to such Bonds by investors who are residents of the
21		State of Illinois. If any College Savings Bonds are sold at a
22		negotiated sale, the underwriter or underwriters to which such
23		Bonds are sold shall (a) be organized, incorporated or have
24		their principal place of business in the State of Illinois, or
25		(b) in the judgment of the Director of the Governor's Office of
26		Management and Budget Bureau of the Budget, have sufficient
27		capability to make a broad distribution of such Bonds to
28		investors resident in the State of Illinois. In determining the
29		aggregate principal amount of College Savings Bonds that has
30		been issued pursuant to this Act, the aggregate original
31		principal amount of such Bonds issued and sold shall be taken
32		into account. Any bond issued under this Act shall be payable
33		in one payment on a fixed date, unless the Governor and the
34		Director of the Governor's Office of Management and Budget
35		Bureau of the Budget determine otherwise.
36		(Source: P.A. 90-1, eff. 2-20-97; 91-53, eff. 6-30-99; revised

1		8-23-03.)
2		(110 ILCS 920/5) (from Ch. 144, par. 2405)
3		Sec. 5. Security of College Savings Bonds. Any College
4		Savings Bonds issued under the General Obligation Bond Act in
5		accordance with this Act shall be direct, general obligations
6		of the State of Illinois and subject to repayment as provided
7		in the General Obligation Bond Act; however in the proceedings
8		of the Governor and the Director of the Governor's Office of
9		Management and Budget Bureau of the Budget authorizing the
10		issuance of College Savings Bonds, such officials may covenant
11		on behalf of the State with or for the benefit of the holders
12		of such Bonds as to all matters deemed advisable by such
13		officials, including the terms and conditions for creating and
14		maintaining sinking funds, reserve funds and such other special
15		funds as may be created in such proceedings, separate and apart
16		from all other funds and accounts of the State, and such
17		officials may make such other covenants as may be deemed
18		necessary or desirable to assure the prompt payment of the
19		principal of and interest on such Bonds. The transfers to and
20		appropriations from the General Obligation Bond Retirement and
21		Interest Fund required by the General Obligation Bond Act shall
22		be made at such times and in such amounts as shall be
23		determined by the Governor and the Director of the Governor's
24		Office of Management and Budget Bureau of the Budget and shall
25		be made to and from any fund or funds created pursuant to this
26		Section for the payment of the principal of and interest on any
27		College Savings Bonds.
28		(Source: P.A. 87-144; revised 8-23-03.)
29		(110 ILCS 920/8) (from Ch. 144, par. 2408)
30		Sec. 8. Grant Program. The proceedings of the Governor and
31		the Director of the Governor's Office of Management and Budget
32		Bureau of the Budget authorizing the issuance of College
33		Savings Bonds shall also provide for a grant program of
34		additional financial incentives to be provided to holders of

1		such Bonds to encourage the enrollment of students at
2		Institutions of Higher Education located in the State of
3		Illinois. The Grant Program of financial incentives shall be
4		administered by the State Scholarship Commission pursuant to
5		administrative rules promulgated by the Commission. Such
6		financial incentives shall be in such forms as determined by
7		the Governor and the Director of the Governor's Office of
8		Management and Budget Bureau of the Budget at the time of the
9		authorization of such College Savings Bonds and may include,
10		among others, supplemental payments to the holders of such
11		Bonds at maturity to be applied to tuition costs at
12		institutions of higher education located in the State of
13		Illinois. The Commission may establish, by rule,
14		administrative procedures and eligibility criteria for the
15		Grant Program, provided such rules are consistent with the
16		purposes of this Act. The Commission may require bond holders,
17		institutions of higher education and other necessary parties to
18		assist in the determination of eligibility for financial
19		incentives under the Grant Program. All grants shall be subject
20		to annual appropriation of funds for such purpose by the
21		General Assembly. Such financial incentives shall be provided
22		only if, in the sole judgment of the Director of the Governor's
23		Office of Management and Budget Bureau of the Budget, the cost
24		of such incentives shall not cause the cost to the State of the
25		proceeds of the College Savings Bonds being sold to be
26		increased by more than 1/2 of 1%. No such financial incentives
27		shall be paid to assist in the financing of the education of a
28		student (i) in a school or department of divinity for any
29		religious denomination or (ii) pursuing a course of study
30		consisting of training to become a minister, priest, rabbi or
31		other professional person in the field of religion.
32		(Source: P.A. 86-168; revised 8-23-03.)

33		Section 670. The Higher Education Student Assistance Act is
34		amended by changing Section 75 as follows:

1		(110 ILCS 947/75)
2		Sec. 75. College savings programs.
3		(a) Purpose. The General Assembly finds and hereby declares
4		that for the benefit of the people of the State of Illinois,
5		the conduct and increase of their commerce, the protection and
6		enhancement of their welfare, the development of continued
7		prosperity and the improvement of their health and living
8		conditions, it is essential that all citizens with the
9		intellectual ability and motivation be able to obtain a higher
10		education. The General Assembly further finds that rising
11		tuition costs, increasingly restrictive eligibility criteria
12		for existing federal and State student aid programs and other
13		trends in higher education finance have impeded access to a
14		higher education for many middle-income families; and that to
15		remedy these concerns, it is of utmost importance that families
16		be provided with investment alternatives to enhance their
17		financial access to institutions of higher education. It is the
18		intent of this Section to establish College Savings Programs
19		appropriate for families from various income groups, to
20		encourage Illinois families to save and invest in anticipation
21		of their children's education, and to encourage enrollment in
22		institutions of higher education, all in execution of the
23		public policy set forth above and elsewhere in this Act.
24		(b) The Commission is authorized to develop and provide a
25		program of college savings instruments to Illinois citizens.
26		The program shall be structured to encourage parents to plan
27		ahead for the college education of their children and to permit
28		the long-term accumulation of savings which can be used to
29		finance the family's share of the cost of a higher education.
30		Income, up to $2,000 annually per account, which is derived by
31		individuals from investments made in accordance with College
32		Savings Programs established under this Section shall be free
33		from all taxation by the State and its political subdivisions,
34		except for estate, transfer, and inheritance taxes.
35		(c) The Commission is authorized to contract with private
36		financial institutions and other businesses, individuals, and

1		other appropriate parties to establish and operate the College
2		Savings Programs. The Commission may negotiate contracts with
3		private financial and investment companies, establish College
4		Savings Programs, and monitor the vendors administering the
5		programs in whichever manner the Commission determines is best
6		suited to accomplish the purposes of this Section. The Auditor
7		General shall periodically review the operation of the College
8		Savings Programs and shall advise the Commission and the
9		General Assembly of his findings.
10		(d) In determining the type of instruments to be offered,
11		the Commission shall consult with, and receive the assistance
12		of, the Illinois Board of Higher Education, the Governor's
13		Office of Management and Budget Bureau of the Budget, the State
14		Board of Investments, the Governor, and other appropriate State
15		agencies and private parties.
16		(e) The Commission shall market and promote the College
17		Savings Programs to the citizens of Illinois.
18		(f) The Commission shall assist the State Comptroller and
19		State Treasurer in establishing a payroll deduction plan
20		through which State employees may participate in the College
21		Savings Programs. The Department of Labor, Department of
22		Employment Security, Department of Revenue, and other
23		appropriate agencies shall assist the Commission in educating
24		Illinois employers about the College Savings Programs, and
25		shall assist the Commission in securing employers'
26		participation in a payroll deduction plan and other initiatives
27		which maximize participation in the College Savings Programs.
28		(g) The Commission shall examine means by which the State,
29		through a series of matching contributions or other incentives,
30		may most effectively encourage Illinois families to
31		participate in the College Savings Programs. The Commission
32		shall report its conclusions and recommendations to the
33		Governor and General Assembly no later than February 15, 1990.
34		(h) The College Savings Programs established pursuant to
35		this Section shall not be subject to the provisions of the
36		Illinois Administrative Procedure Act. The Commission shall

1		provide that appropriate disclosures are provided to all
2		citizens who participate in the College Savings Programs.
3		(Source: P.A. 87-997; revised 8-23-03.)

4		Section 675. The Illinois Prepaid Tuition Act is amended by
5		changing Section 20 as follows:
6		(110 ILCS 979/20)
7		Sec. 20. Investment Advisory Panel. The Illinois prepaid
8		tuition program shall be administered by the Illinois Student
9		Assistance Commission, with advice and counsel from an
10		investment advisory panel appointed by the Commission. The
11		Illinois prepaid tuition program shall be administratively
12		housed within the Commission, and the investment advisory panel
13		shall have such duties as are specified in this Act.
14		The investment advisory panel shall consist of 7 members
15		who are appointed by the Commission, including one recommended
16		by the State Treasurer, one recommended by the State
17		Comptroller, one recommended by the Director of the Governor's
18		Office of Management and Budget Bureau of the Budget, and one
19		recommended by the Executive Director of the Board of Higher
20		Education. Each panel member shall possess knowledge, skill,
21		and experience in at least one of the following areas of
22		expertise: accounting, actuarial practice, risk management, or
23		investment management. Members shall serve 3-year terms except
24		that, in making the initial appointments, the Commission shall
25		appoint 2 members to serve for 2 years, 2 members to serve for
26		3 years, and 3 members to serve for 4 years. Any person
27		appointed to fill a vacancy on the panel shall be appointed in
28		a like manner and shall serve for only the unexpired term.
29		Investment advisory panel members shall be eligible for
30		reappointment and shall serve until a successor is appointed
31		and confirmed. Panel members shall serve without compensation
32		but shall be reimbursed for expenses. Before being installed as
33		a member of the investment advisory panel, each nominee shall
34		file verified written statements of economic interest with the

1		Secretary of State as required by the Illinois Governmental
2		Ethics Act and with the Board of Ethics as required by
3		Executive Order of the Governor.
4		The investment advisory panel shall meet at least twice
5		annually. At least once each year the Commission Chairman shall
6		designate a time and place at which the investment advisory
7		panel shall meet publicly with the Illinois Student Assistance
8		Commission to discuss issues and concerns relating to the
9		Illinois prepaid tuition program.
10		(Source: P.A. 90-546, eff. 12-1-97; 91-669, eff. 1-1-00;
11		revised 8-23-03.)

12		Section 680. The Public Utilities Act is amended by
13		changing Sections 9-222.1, 9-222.1A, 13-301.1, 13-301.2,
14		15-401, and 16-111.1 as follows:
15		(220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
16		Sec. 9-222.1. A business enterprise which is located within
17		an area designated by a county or municipality as an enterprise
18		zone pursuant to the Illinois Enterprise Zone Act or located in
19		a federally designated Foreign Trade Zone or Sub-Zone shall be
20		exempt from the additional charges added to the business
21		enterprise's utility bills as a pass-on of municipal and State
22		utility taxes under Sections 9-221 and 9-222 of this Act, to
23		the extent such charges are exempted by ordinance adopted in
24		accordance with paragraph (e) of Section 8-11-2 of the Illinois
25		Municipal Code in the case of municipal utility taxes, and to
26		the extent such charges are exempted by the percentage
27		specified by the Department of Commerce and Economic
28		Opportunity Community Affairs in the case of State utility
29		taxes, provided such business enterprise meets the following
30		criteria:
31		(1) it either (i) makes investments which cause the
32		creation of a minimum of 200 full-time equivalent jobs in
33		Illinois; (ii) makes investments of at least $175,000,000
34		which cause the creation of a minimum of 150 full-time

1		equivalent jobs in Illinois; or (iii) makes investments
2		which cause the retention of a minimum of 1,000 full-time
3		jobs in Illinois; and
4		(2) it is either (i) located in an Enterprise Zone
5		established pursuant to the Illinois Enterprise Zone Act or
6		(ii) it is located in a federally designated Foreign Trade
7		Zone or Sub-Zone and is designated a High Impact Business
8		by the Department of Commerce and Economic Opportunity
9		Community Affairs; and
10		(3) it is certified by the Department of Commerce and
11		Economic Opportunity Community Affairs as complying with
12		the requirements specified in clauses (1) and (2) of this
13		Section.
14		The Department of Commerce and Economic Opportunity
15		Community Affairs shall determine the period during which such
16		exemption from the charges imposed under Section 9-222 is in
17		effect which shall not exceed 30 years or the certified term of
18		the enterprise zone, whichever period is shorter.
19		The Department of Commerce and Economic Opportunity
20		Community Affairs shall have the power to promulgate rules and
21		regulations to carry out the provisions of this Section
22		including procedures for complying with the requirements
23		specified in clauses (1) and (2) of this Section and procedures
24		for applying for the exemptions authorized under this Section;
25		to define the amounts and types of eligible investments which
26		business enterprises must make in order to receive State
27		utility tax exemptions pursuant to Sections 9-222 and 9-222.1
28		of this Act; to approve such utility tax exemptions for
29		business enterprises whose investments are not yet placed in
30		service; and to require that business enterprises granted tax
31		exemptions repay the exempted tax should the business
32		enterprise fail to comply with the terms and conditions of the
33		certification. However, no business enterprise shall be
34		required, as a condition for certification under clause (3) of
35		this Section, to attest that its decision to invest under
36		clause (1) of this Section and to locate under clause (2) of

1		this Section is predicated upon the availability of the
2		exemptions authorized by this Section.
3		A business enterprise shall be exempt, in whole or in part,
4		from the pass-on charges of municipal utility taxes imposed
5		under Section 9-221, only if it meets the criteria specified in
6		clauses (1) through (3) of this Section and the municipality
7		has adopted an ordinance authorizing the exemption under
8		paragraph (e) of Section 8-11-2 of the Illinois Municipal Code.
9		Upon certification of the business enterprises by the
10		Department of Commerce and Economic Opportunity Community
11		Affairs, the Department of Commerce and Economic Opportunity
12		Community Affairs shall notify the Department of Revenue of
13		such certification. The Department of Revenue shall notify the
14		public utilities of the exemption status of business
15		enterprises from the pass-on charges of State and municipal
16		utility taxes. Such exemption status shall be effective within
17		3 months after certification of the business enterprise.
18		(Source: P.A. 91-567, eff. 8-14-99; 92-777, eff. 1-1-03;
19		revised 12-6-03.)
20		(220 ILCS 5/9-222.1A)
21		Sec. 9-222.1A. High impact business. Beginning on August 1,
22		1998 and thereafter, a business enterprise that is certified as
23		a High Impact Business by the Department of Commerce and
24		Economic Opportunity (formerly Department of Commerce and
25		Community Affairs) is exempt from the tax imposed by Section
26		2-4 of the Electricity Excise Tax Law, if the High Impact
27		Business is registered to self-assess that tax, and is exempt
28		from any additional charges added to the business enterprise's
29		utility bills as a pass-on of State utility taxes under Section
30		9-222 of this Act, to the extent the tax or charges are
31		exempted by the percentage specified by the Department of
32		Commerce and Economic Opportunity Community Affairs for State
33		utility taxes, provided the business enterprise meets the
34		following criteria:
35		(1) (A) it intends either (i) to make a minimum

1		eligible investment of $12,000,000 that will be placed
2		in service in qualified property in Illinois and is
3		intended to create at least 500 full-time equivalent
4		jobs at a designated location in Illinois; or (ii) to
5		make a minimum eligible investment of $30,000,000 that
6		will be placed in service in qualified property in
7		Illinois and is intended to retain at least 1,500
8		full-time equivalent jobs at a designated location in
9		Illinois; or
10		(B) it meets the criteria of subdivision
11		(a)(3)(B), (a)(3)(C), or (a)(3)(D) of Section 5.5 of
12		the Illinois Enterprise Zone Act;
13		(2) it is designated as a High Impact Business by the
14		Department of Commerce and Economic Opportunity Community
15		Affairs; and
16		(3) it is certified by the Department of Commerce and
17		Economic Opportunity Community Affairs as complying with
18		the requirements specified in clauses (1) and (2) of this
19		Section.
20		The Department of Commerce and Economic Opportunity
21		Community Affairs shall determine the period during which the
22		exemption from the Electricity Excise Tax Law and the charges
23		imposed under Section 9-222 are in effect, which shall not
24		exceed 20 years from the date of initial certification, and
25		shall specify the percentage of the exemption from those taxes
26		or additional charges.
27		The Department of Commerce and Economic Opportunity
28		Community Affairs is authorized to promulgate rules and
29		regulations to carry out the provisions of this Section,
30		including procedures for complying with the requirements
31		specified in clauses (1) and (2) of this Section and procedures
32		for applying for the exemptions authorized under this Section;
33		to define the amounts and types of eligible investments that
34		business enterprises must make in order to receive State
35		utility tax exemptions or exemptions from the additional
36		charges imposed under Section 9-222 and this Section; to

1		approve such utility tax exemptions for business enterprises
2		whose investments are not yet placed in service; and to require
3		that business enterprises granted tax exemptions or exemptions
4		from additional charges under Section 9-222 repay the exempted
5		amount if the business enterprise fails to comply with the
6		terms and conditions of the certification.
7		Upon certification of the business enterprises by the
8		Department of Commerce and Economic Opportunity Community
9		Affairs, the Department of Commerce and Economic Opportunity
10		Community Affairs shall notify the Department of Revenue of the
11		certification. The Department of Revenue shall notify the
12		public utilities of the exemption status of business
13		enterprises from the tax or pass-on charges of State utility
14		taxes. The exemption status shall take effect within 3 months
15		after certification of the business enterprise.
16		(Source: P.A. 91-914, eff. 7-7-00; 92-12, eff. 7-1-01; revised
17		12-6-03.)
18		(220 ILCS 5/13-301.1) (from Ch. 111 2/3, par. 13-301.1)
19		(Section scheduled to be repealed on July 1, 2005)
20		Sec. 13-301.1. Universal Telephone Service Assistance
21		Program.
22		(a) The Commission shall by rule or regulation establish a
23		Universal Telephone Service Assistance Program for low income
24		residential customers. The program shall provide for a
25		reduction of access line charges, a reduction of connection
26		charges, or any other alternative to increase accessibility to
27		telephone service that the Commission deems advisable subject
28		to the availability of funds for the program as provided in
29		subsection (d). The Commission shall establish eligibility
30		requirements for benefits under the program.
31		(b) The Commission shall adopt rules providing for enhanced
32		enrollment for eligible consumers to receive lifeline service.
33		Enhanced enrollment may include, but is not limited to, joint
34		marketing, joint application, or joint processing with the
35		Low-Income Home Energy Assistance Program, the Medicaid

1		Program, and the Food Stamp Program. The Department of Human
2		Services, the Department of Public Aid, and the Department of
3		Commerce and Economic Opportunity Community Affairs, upon
4		request of the Commission, shall assist in the adoption and
5		implementation of those rules. The Commission and the
6		Department of Human Services, the Department of Public Aid, and
7		the Department of Commerce and Economic Opportunity Community
8		Affairs may enter into memoranda of understanding establishing
9		the respective duties of the Commission and the Departments in
10		relation to enhanced enrollment.
11		(c) In this Section, "lifeline service" means a retail
12		local service offering described by 47 C.F.R. Section
13		54.401(a), as amended.
14		(d) The Commission shall require by rule or regulation that
15		each telecommunications carrier providing local exchange
16		telecommunications services notify its customers that if the
17		customer wishes to participate in the funding of the Universal
18		Telephone Service Assistance Program he may do so by electing
19		to contribute, on a monthly basis, a fixed amount that will be
20		included in the customer's monthly bill. The customer may cease
21		contributing at any time upon providing notice to the
22		telecommunications carrier providing local exchange
23		telecommunications services. The notice shall state that any
24		contribution made will not reduce the customer's bill for
25		telecommunications services. Failure to remit the amount of
26		increased payment will reduce the contribution accordingly.
27		The Commission shall specify the monthly fixed amount or
28		amounts that customers wishing to contribute to the funding of
29		the Universal Telephone Service Assistance Program may choose
30		from in making their contributions. Every telecommunications
31		carrier providing local exchange telecommunications services
32		shall remit the amounts contributed in accordance with the
33		terms of the Universal Telephone Service Assistance Program.
34		(Source: P.A. 92-22, eff. 6-30-01; revised 12-6-03.)
35		(220 ILCS 5/13-301.2)

1		(Section scheduled to be repealed on July 1, 2005)
2		Sec. 13-301.2. Program to Foster Elimination of the Digital
3		Divide. The Commission shall require by rule that each
4		telecommunications carrier providing local exchange
5		telecommunications service notify its end-user customers that
6		if the customer wishes to participate in the funding of the
7		Program to Foster Elimination of the Digital Divide he or she
8		may do so by electing to contribute, on a monthly basis, a
9		fixed amount that will be included in the customer's monthly
10		bill. The obligations imposed in this Section shall not be
11		imposed upon a telecommunications carrier for any of its
12		end-users subscribing to the services listed below: (1) private
13		line service which is not directly or indirectly used for the
14		origination or termination of switched telecommunications
15		service, (2) cellular radio service, (3) high-speed
16		point-to-point data transmission at or above 9.6 kilobits, (4)
17		the provision of telecommunications service by a company or
18		person otherwise subject to subsection (c) of Section 13-202 to
19		a telecommunications carrier, which is incidental to the
20		provision of service subject to subsection (c) of Section
21		13-202; (5) pay telephone service; or (6) interexchange
22		telecommunications service. The customer may cease
23		contributing at any time upon providing notice to the
24		telecommunications carrier. The notice shall state that any
25		contribution made will not reduce the customer's bill for
26		telecommunications services. Failure to remit the amount of
27		increased payment will reduce the contribution accordingly.
28		The Commission shall specify the monthly fixed amount or
29		amounts that customers wishing to contribute to the funding of
30		the Program to Foster Elimination of the Digital Divide may
31		choose from in making their contributions. A
32		telecommunications carrier subject to this obligation shall
33		remit the amounts contributed by its customers to the
34		Department of Commerce and Economic Opportunity Community
35		Affairs for deposit in the Digital Divide Elimination Fund at
36		the intervals specified in the Commission rules.

1		(Source: P.A. 92-22, eff. 6-30-01; 93-358, eff. 1-1-04; revised
2		12-6-03.)
3		(220 ILCS 5/15-401)
4		Sec. 15-401. Licensing.
5		(a) No person shall operate as a common carrier by pipeline
6		unless the person possesses a certificate in good standing
7		authorizing it to operate as a common carrier by pipeline. No
8		person shall begin or continue construction of a pipeline or
9		other facility, other than the repair or replacement of an
10		existing pipeline or facility, for use in operations as a
11		common carrier by pipeline unless the person possesses a
12		certificate in good standing.
13		(b) Requirements for issuance. The Commission, after a
14		hearing, shall grant an application for a certificate
15		authorizing operations as a common carrier by pipeline, in
16		whole or in part, to the extent that it finds that the
17		application was properly filed; a public need for the service
18		exists; the applicant is fit, willing, and able to provide the
19		service in compliance with this Act, Commission regulations,
20		and orders; and the public convenience and necessity requires
21		issuance of the certificate.
22		In its determination of public convenience and necessity
23		for a proposed pipeline or facility designed or intended to
24		transport crude oil and any alternate locations for such
25		proposed pipeline or facility, the Commission shall consider,
26		but not be limited to, the following:
27		(1) any evidence presented by the Illinois
28		Environmental Protection Agency regarding the
29		environmental impact of the proposed pipeline or other
30		facility;
31		(2) any evidence presented by the Illinois Department
32		of Transportation regarding the impact of the proposed
33		pipeline or facility on traffic safety, road construction,
34		or other transportation issues;
35		(3) any evidence presented by the Department of Natural

1		Resources regarding the impact of the proposed pipeline or
2		facility on any conservation areas, forest preserves,
3		wildlife preserves, wetlands, or any other natural
4		resource;
5		(4) any evidence of the effect of the pipeline upon the
6		economy, infrastructure, and public safety presented by
7		local governmental units that will be affected by the
8		proposed pipeline or facility;
9		(5) any evidence of the effect of the pipeline upon
10		property values presented by property owners who will be
11		affected by the proposed pipeline or facility;
12		(6) any evidence presented by the Department of
13		Commerce and Economic Opportunity Community Affairs
14		regarding the current and future economic effect of the
15		proposed pipeline or facility including, but not limited
16		to, property values, employment rates, and residential and
17		business development; and
18		(7) any evidence presented by any other State agency
19		that participates in the proceeding.
20		In its written order, the Commission shall address all of
21		the evidence presented, and if the order is contrary to any of
22		the evidence, the Commission shall state the reasons for its
23		determination with regard to that evidence. The provisions of
24		this amendatory Act of 1996 apply to any certificate granted or
25		denied after the effective date of this amendatory Act of 1996.
26		(c) Duties and obligations of common carriers by pipeline.
27		Each common carrier by pipeline shall provide adequate service
28		to the public at reasonable rates and without discrimination.
29		(Source: P.A. 89-42, eff. 1-1-96; 89-573, eff. 7-30-96; revised
30		12-6-03.)
31		(220 ILCS 5/16-111.1)
32		Sec. 16-111.1. Illinois Clean Energy Community Trust.
33		(a) An electric utility which has sold or transferred
34		generating facilities in a transaction to which subsection (k)
35		of Section 16-111 applies is authorized to establish an

1		Illinois clean energy community trust or foundation for the
2		purposes of providing financial support and assistance to
3		entities, public or private, within the State of Illinois
4		including, but not limited to, units of State and local
5		government, educational institutions, corporations, and
6		charitable, educational, environmental and community
7		organizations, for programs and projects that benefit the
8		public by improving energy efficiency, developing renewable
9		energy resources, supporting other energy related projects
10		that improve the State's environmental quality, and supporting
11		projects and programs intended to preserve or enhance the
12		natural habitats and wildlife areas of the State. Provided,
13		however, that the trust or foundation funds shall not be used
14		for the remediation of environmentally impaired property. The
15		trust or foundation may also assist in identifying other energy
16		and environmental grant opportunities.
17		(b) Such trust or foundation shall be governed by a
18		declaration of trust or articles of incorporation and bylaws
19		which shall, at a minimum, provide that:
20		(1) There shall be 6 voting trustees of the trust or
21		foundation, one of whom shall be appointed by the Governor,
22		one of whom shall be appointed by the President of the
23		Illinois Senate, one of whom shall be appointed by the
24		Minority Leader of the Illinois Senate, one of whom shall
25		be appointed by the Speaker of the Illinois House of
26		Representatives, one of whom shall be appointed by the
27		Minority Leader of the Illinois House of Representatives,
28		and one of whom shall be appointed by the electric utility
29		establishing the trust or foundation, provided that the
30		voting trustee appointed by the utility shall be a
31		representative of a recognized environmental action group
32		selected by the utility. The Governor shall designate one
33		of the 6 voting trustees to serve as chairman of the trust
34		or foundation, who shall serve as chairman of the trust or
35		foundation at the pleasure of the Governor. In addition,
36		there shall be 4 non-voting trustees, one of whom shall be

1		appointed by the Director of the Department of Commerce and
2		Economic Opportunity Community Affairs, one of whom shall
3		be appointed by the Director of the Illinois Environmental
4		Protection Agency, one of whom shall be appointed by the
5		Director of the Department of Natural Resources, and one of
6		whom shall be appointed by the electric utility
7		establishing the trust or foundation, provided that the
8		non-voting trustee appointed by the utility shall bring
9		financial expertise to the trust or foundation and shall
10		have appropriate credentials therefor.
11		(2) All voting trustees and the non-voting trustee with
12		financial expertise shall be entitled to compensation for
13		their services as trustees, provided, however, that no
14		member of the General Assembly and no employee of the
15		electric utility establishing the trust or foundation
16		serving as a voting trustee shall receive any compensation
17		for his or her services as a trustee, and provided further
18		that the compensation to the chairman of the trust shall
19		not exceed $25,000 annually and the compensation to any
20		other trustee shall not exceed $20,000 annually. All
21		trustees shall be entitled to reimbursement for reasonable
22		expenses incurred on behalf of the trust in the performance
23		of their duties as trustees. All such compensation and
24		reimbursements shall be paid out of the trust.
25		(3) Trustees shall be appointed within 30 days after
26		the creation of the trust or foundation and shall serve for
27		a term of 5 years commencing upon the date of their
28		respective appointments, until their respective successors
29		are appointed and qualified.
30		(4) A vacancy in the office of trustee shall be filled
31		by the person holding the office responsible for appointing
32		the trustee whose death or resignation creates the vacancy,
33		and a trustee appointed to fill a vacancy shall serve the
34		remainder of the term of the trustee whose resignation or
35		death created the vacancy.
36		(5) The trust or foundation shall have an indefinite

1		term, and shall terminate at such time as no trust assets
2		remain.
3		(6) The trust or foundation shall be funded in the
4		minimum amount of $250,000,000, with the allocation and
5		disbursement of funds for the various purposes for which
6		the trust or foundation is established to be determined by
7		the trustees in accordance with the declaration of trust or
8		the articles of incorporation and bylaws; provided,
9		however, that this amount may be reduced by up to
10		$25,000,000 if, at the time the trust or foundation is
11		funded, a corresponding amount is contributed by the
12		electric utility establishing the trust or foundation to
13		the Board of Trustees of Southern Illinois University for
14		the purpose of funding programs or projects related to
15		clean coal and provided further that $25,000,000 of the
16		amount contributed to the trust or foundation shall be
17		available to fund programs or projects related to clean
18		coal.
19		(7) The trust or foundation shall be authorized to
20		employ an executive director and other employees, to enter
21		into leases, contracts and other obligations on behalf of
22		the trust or foundation, and to incur expenses that the
23		trustees deem necessary or appropriate for the fulfillment
24		of the purposes for which the trust or foundation is
25		established, provided, however, that salaries and
26		administrative expenses incurred on behalf of the trust or
27		foundation shall not exceed $500,000 in the first fiscal
28		year after the trust or foundation is established and shall
29		not exceed $1,000,000 in each subsequent fiscal year.
30		(8) The trustees may create and appoint advisory boards
31		or committees to assist them with the administration of the
32		trust or foundation, and to advise and make recommendations
33		to them regarding the contribution and disbursement of the
34		trust or foundation funds.
35		(c)(1) In addition to the allocation and disbursement of
36		funds for the purposes set forth in subsection (a) of this

1		Section, the trustees of the trust or foundation shall
2		annually contribute funds in amounts set forth in
3		subparagraph (2) of this subsection to the Citizens Utility
4		Board created by the Citizens Utility Board Act; provided,
5		however, that any such funds shall be used solely for the
6		representation of the interests of utility consumers
7		before the Illinois Commerce Commission, the Federal
8		Energy Regulatory Commission, and the Federal
9		Communications Commission and for the provision of
10		consumer education on utility service and prices and on
11		benefits and methods of energy conservation. Provided,
12		however, that no part of such funds shall be used to
13		support (i) any lobbying activity, (ii) activities related
14		to fundraising, (iii) advertising or other marketing
15		efforts regarding a particular utility, or (iv)
16		solicitation of support for, or advocacy of, a particular
17		position regarding any specific utility or a utility's
18		docketed proceeding.
19		(2) In the calendar year in which the trust or
20		foundation is first funded, the trustees shall contribute
21		$1,000,000 to the Citizens Utility Board within 60 days
22		after such trust or foundation is established; provided,
23		however, that such contribution shall be made after
24		December 31, 1999. In each of the 6 calendar years
25		subsequent to the first contribution, if the trust or
26		foundation is in existence, the trustees shall contribute
27		to the Citizens Utility Board an amount equal to the total
28		expenditures by such organization in the prior calendar
29		year, as set forth in the report filed by the Citizens
30		Utility Board with the chairman of such trust or foundation
31		as required by subparagraph (3) of this subsection. Such
32		subsequent contributions shall be made within 30 days of
33		submission by the Citizens Utility Board of such report to
34		the Chairman of the trust or foundation, but in no event
35		shall any annual contribution by the trustees to the
36		Citizens Utility Board exceed $1,000,000. Following such

1		7-year period, an Illinois statutory consumer protection
2		agency may petition the trust or foundation for
3		contributions to fund expenditures of the type identified
4		in paragraph (1), but in no event shall annual
5		contributions by the trust or foundation for such
6		expenditures exceed $1,000,000.
7		(3) The Citizens Utility Board shall file a report with
8		the chairman of such trust or foundation for each year in
9		which it expends any funds received from the trust or
10		foundation setting forth the amount of any expenditures
11		(regardless of the source of funds for such expenditures)
12		for: (i) the representation of the interests of utility
13		consumers before the Illinois Commerce Commission, the
14		Federal Energy Regulatory Commission, and the Federal
15		Communications Commission, and (ii) the provision of
16		consumer education on utility service and prices and on
17		benefits and methods of energy conservation. Such report
18		shall separately state the total amount of expenditures for
19		the purposes or activities identified by items (i) and (ii)
20		of this paragraph, the name and address of the external
21		recipient of any such expenditure, if applicable, and the
22		specific purposes or activities (including internal
23		purposes or activities) for which each expenditure was
24		made. Any report required by this subsection shall be filed
25		with the chairman of such trust or foundation no later than
26		March 31 of the year immediately following the year for
27		which the report is required.
28		(d) In addition to any other allocation and disbursement of
29		funds in this Section, the trustees of the trust or foundation
30		shall contribute an amount up to $125,000,000 (1) for deposit
31		into the General Obligation Bond Retirement and Interest Fund
32		held in the State treasury to assist in the repayment on
33		general obligation bonds issued under subsection (d) of Section
34		7 of the General Obligation Bond Act, and (2) for deposit into
35		funds administered by agencies with responsibility for
36		environmental activities to assist in payment for

1		environmental programs. The amount required to be contributed
2		shall be provided to the trustees in a certification letter
3		from the Director of the Bureau of the Budget that shall be
4		provided no later than August 1, 2003. The payment from the
5		trustees shall be paid to the State no later than December 31st
6		following the receipt of the letter.
7		(Source: P.A. 93-32, eff. 6-20-03; revised 12-6-03.)

8		Section 685. The Surface Coal Mining Land Conservation and
9		Reclamation Act is amended by changing Section 1.05 as follows:
10		(225 ILCS 720/1.05) (from Ch. 96 1/2, par. 7901.05)
11		Sec. 1.05. Interagency Committee. There is created the
12		Interagency Committee on Surface Mining Control and
13		Reclamation, which shall consist of the Director (or Division
14		Head) of each of the following State agencies: (a) the
15		Department of Agriculture, (b) the Environmental Protection
16		Agency, (c) the Department of Commerce and Economic Opportunity
17		Community Affairs, and (d) any other State Agency designated by
18		the Director as having a programmatic role in the review or
19		regulation of mining operations and reclamation whose comments
20		are expected by the Director to be relevant and of material
21		benefit to the process of reviewing permit applications under
22		this Act. The Interagency Committee on Surface Mining Control
23		and Reclamation shall be abolished on June 30, 1997. Beginning
24		July 1, 1997, all programmatic functions formerly performed by
25		the Interagency Committee on Surface Mining Control and
26		Reclamation shall be performed by the Office of Mines and
27		Minerals within the Department of Natural Resources, except as
28		otherwise provided by Section 9.04 of this Act.
29		(Source: P.A. 89-445, eff. 2-7-96; 90-490, eff. 8-17-97;
30		revised 12-6-03.)

31		Section 690. The Illinois Horse Racing Act of 1975 is
32		amended by changing Section 28 as follows:

1		(230 ILCS 5/28) (from Ch. 8, par. 37-28)
2		Sec. 28. Except as provided in subsection (g) of Section 27
3		of this Act, moneys collected shall be distributed according to
4		the provisions of this Section 28.
5		(a) Thirty per cent of the total of all monies received by
6		the State as privilege taxes shall be paid into the
7		Metropolitan Fair and Exposition Authority Reconstruction Fund
8		in the State treasury until such Fund contains sufficient money
9		to pay in full, both principal and interest, all of the
10		outstanding bonds issued pursuant to the Fair and Exposition
11		Authority Reconstruction Act, approved July 31, 1967, as
12		amended, and thereafter shall be paid into the Metropolitan
13		Exposition Auditorium and Office Building Fund in the State
14		Treasury.
15		(b) Four and one-half per cent of the total of all monies
16		received by the State as privilege taxes shall be paid into the
17		State treasury into a special Fund to be known as the
18		Metropolitan Exposition, Auditorium, and Office Building Fund.
19		(c) Fifty per cent of the total of all monies received by
20		the State as privilege taxes under the provisions of this Act
21		shall be paid into the Agricultural Premium Fund.
22		(d) Seven per cent of the total of all monies received by
23		the State as privilege taxes shall be paid into the Fair and
24		Exposition Fund in the State treasury; provided, however, that
25		when all bonds issued prior to July 1, 1984 by the Metropolitan
26		Fair and Exposition Authority shall have been paid or payment
27		shall have been provided for upon a refunding of those bonds,
28		thereafter 1/12 of $1,665,662 of such monies shall be paid each
29		month into the Build Illinois Fund, and the remainder into the
30		Fair and Exposition Fund. All excess monies shall be allocated
31		to the Department of Agriculture for distribution to county
32		fairs for premiums and rehabilitation as set forth in the
33		Agricultural Fair Act.
34		(e) The monies provided for in Section 30 shall be paid
35		into the Illinois Thoroughbred Breeders Fund.
36		(f) The monies provided for in Section 31 shall be paid

1		into the Illinois Standardbred Breeders Fund.
2		(g) Until January 1, 2000, that part representing 1/2 of
3		the total breakage in Thoroughbred, Harness, Appaloosa,
4		Arabian, and Quarter Horse racing in the State shall be paid
5		into the Illinois Race Track Improvement Fund as established in
6		Section 32.
7		(h) All other monies received by the Board under this Act
8		shall be paid into the General Revenue Fund of the State.
9		(i) The salaries of the Board members, secretary, stewards,
10		directors of mutuels, veterinarians, representatives,
11		accountants, clerks, stenographers, inspectors and other
12		employees of the Board, and all expenses of the Board incident
13		to the administration of this Act, including, but not limited
14		to, all expenses and salaries incident to the taking of saliva
15		and urine samples in accordance with the rules and regulations
16		of the Board shall be paid out of the Agricultural Premium
17		Fund.
18		(j) The Agricultural Premium Fund shall also be used:
19		(1) for the expenses of operating the Illinois State
20		Fair and the DuQuoin State Fair, including the payment of
21		prize money or premiums;
22		(2) for the distribution to county fairs, vocational
23		agriculture section fairs, agricultural societies, and
24		agricultural extension clubs in accordance with the
25		Agricultural Fair Act, as amended;
26		(3) for payment of prize monies and premiums awarded
27		and for expenses incurred in connection with the
28		International Livestock Exposition and the Mid-Continent
29		Livestock Exposition held in Illinois, which premiums, and
30		awards must be approved, and paid by the Illinois
31		Department of Agriculture;
32		(4) for personal service of county agricultural
33		advisors and county home advisors;
34		(5) for distribution to agricultural home economic
35		extension councils in accordance with "An Act in relation
36		to additional support and finance for the Agricultural and

1		Home Economic Extension Councils in the several counties in
2		this State and making an appropriation therefor", approved
3		July 24, 1967, as amended;
4		(6) for research on equine disease, including a
5		development center therefor;
6		(7) for training scholarships for study on equine
7		diseases to students at the University of Illinois College
8		of Veterinary Medicine;
9		(8) for the rehabilitation, repair and maintenance of
10		the Illinois and DuQuoin State Fair Grounds and the
11		structures and facilities thereon and the construction of
12		permanent improvements on such Fair Grounds, including
13		such structures, facilities and property located on such
14		State Fair Grounds which are under the custody and control
15		of the Department of Agriculture;
16		(9) for the expenses of the Department of Agriculture
17		under Section 5-530 of the Departments of State Government
18		Law (20 ILCS 5/5-530);
19		(10) for the expenses of the Department of Commerce and
20		Economic Opportunity Community Affairs under Sections
21		605-620, 605-625, and 605-630 of the Department of Commerce
22		and Economic Opportunity Community Affairs Law (20 ILCS
23		605/605-620, 605/605-625, and 605/605-630);
24		(11) for remodeling, expanding, and reconstructing
25		facilities destroyed by fire of any Fair and Exposition
26		Authority in counties with a population of 1,000,000 or
27		more inhabitants;
28		(12) for the purpose of assisting in the care and
29		general rehabilitation of disabled veterans of any war and
30		their surviving spouses and orphans;
31		(13) for expenses of the Department of State Police for
32		duties performed under this Act;
33		(14) for the Department of Agriculture for soil surveys
34		and soil and water conservation purposes;
35		(15) for the Department of Agriculture for grants to
36		the City of Chicago for conducting the Chicagofest.

1		(k) To the extent that monies paid by the Board to the
2		Agricultural Premium Fund are in the opinion of the Governor in
3		excess of the amount necessary for the purposes herein stated,
4		the Governor shall notify the Comptroller and the State
5		Treasurer of such fact, who, upon receipt of such notification,
6		shall transfer such excess monies from the Agricultural Premium
7		Fund to the General Revenue Fund.
8		(Source: P.A. 91-40, eff. 1-1-00; 91-239, eff. 1-1-00; 92-16,
9		eff. 6-28-01; revised 12-6-03.)

10		Section 695. The Liquor Control Act of 1934 is amended by
11		changing Section 12-1 as follows:
12		(235 ILCS 5/12-1)
13		Sec. 12-1. Grape and Wine Resources Council.
14		(a) There is hereby created the Grape and Wine Resources
15		Council, which shall have the powers and duties specified in
16		this Article and all other powers necessary and proper to
17		execute the provisions of this Article.
18		(b) The Council shall consist of 17 members including:
19		(1) The Director of the Illinois Department of
20		Agriculture, ex officio, or the Director's designee.
21		(2) The Dean of the SIU College of Agriculture, or the
22		Dean's designee.
23		(3) The Dean of the University of Illinois College of
24		Agriculture, or the Dean's designee.
25		(4) An expert in enology or food science and nutrition
26		to be named by the Director of the Illinois Department of
27		Agriculture from nominations submitted jointly by the
28		Deans of the Colleges of Agriculture at Southern Illinois
29		University and the University of Illinois.
30		(5) An expert in marketing to be named by the Director
31		of the Illinois Department of Agriculture from nominations
32		submitted jointly by the Deans of the Colleges of
33		Agriculture at Southern Illinois University and the
34		University of Illinois.

1		(6) An expert in viticulture to be named by the
2		Director of the Illinois Department of Agriculture from
3		nominations submitted jointly by the Deans of the Colleges
4		of Agriculture at Southern Illinois University and the
5		University of Illinois.
6		(7) A representative from the Illinois Division of
7		Tourism, to be named by the Director of the Illinois
8		Department of Commerce and Economic Opportunity Community
9		Affairs.
10		(8) Six persons to be named by the Director of the
11		Illinois Department of Agriculture from nominations from
12		the President of the Illinois Grape Growers and Vintners
13		Association, of whom 3 shall be grape growers and 3 shall
14		be vintners.
15		(9) Four persons, one of whom shall be named by the
16		Speaker of the House of Representatives, one of whom shall
17		be named by the Minority Leader of the House of
18		Representatives, one of whom shall be named by the
19		President of the Senate, and one of whom shall be named by
20		the Minority Leader of the Senate.
21		Members of the Council shall receive no compensation, but shall
22		be reimbursed for necessary expenses incurred in the
23		performance of their duties. The Council's Chair shall be the
24		Dean of the College of Agriculture at the University where the
25		Council is housed.
26		(c) The Council shall be housed at Southern Illinois
27		University at Carbondale, which shall maintain a collaborative
28		relationship with the University of Illinois at Champaign.
29		(Source: P.A. 90-77, eff. 7-8-97; revised 12-6-03.)

30		Section 700. The Illinois Public Aid Code is amended by
31		changing Section 9A-3 as follows:
32		(305 ILCS 5/9A-3) (from Ch. 23, par. 9A-3)
33		Sec. 9A-3. Establishment of Program and Level of Services.
34		(a) The Illinois Department shall establish and maintain a

1		program to provide recipients with services consistent with the
2		purposes and provisions of this Article. The program offered in
3		different counties of the State may vary depending on the
4		resources available to the State to provide a program under
5		this Article, and no program may be offered in some counties,
6		depending on the resources available. Services may be provided
7		directly by the Illinois Department or through contract.
8		References to the Illinois Department or staff of the Illinois
9		Department shall include contractors when the Illinois
10		Department has entered into contracts for these purposes. The
11		Illinois Department shall provide each recipient who
12		participates with such services available under the program as
13		are necessary to achieve his employability plan as specified in
14		the plan.
15		(b) The Illinois Department, in operating the program,
16		shall cooperate with public and private education and
17		vocational training or retraining agencies or facilities, the
18		Illinois State Board of Education, the Illinois Community
19		College Board, the Departments of Employment Security and
20		Commerce and Economic Opportunity Community Affairs or other
21		sponsoring organizations funded under the federal Workforce
22		Investment Act and other public or licensed private employment
23		agencies.
24		(Source: P.A. 92-111, eff. 1-1-02; 93-598, eff. 8-26-03;
25		revised 12-6-03.)

26		Section 705. The Energy Assistance Act is amended by
27		changing Sections 3, 4, 5, 8, and 13 as follows:
28		(305 ILCS 20/3) (from Ch. 111 2/3, par. 1403)
29		Sec. 3. Definitions. As used in this Act, unless the
30		context otherwise requires:
31		(a) the terms defined in Sections 3-101 through 3-121 of
32		The Public Utilities Act have the meanings ascribed to them in
33		that Act;
34		(b) "Department" means the Department of Commerce and

1		Economic Opportunity Community Affairs;
2		(c) "energy provider" means any utility, municipal
3		utility, cooperative utility, or any other corporation or
4		individual which provides winter energy services;
5		(d) "winter" means the period from November 1 of any year
6		through April 30 of the following year.
7		(Source: P.A. 86-127; 87-14; revised 12-6-03.)
8		(305 ILCS 20/4) (from Ch. 111 2/3, par. 1404)
9		Sec. 4. Energy Assistance Program.
10		(a) The Department of Commerce and Economic Opportunity
11		Community Affairs is hereby authorized to institute a program
12		to ensure the availability and affordability of heating and
13		electric service to low income citizens. The Department shall
14		implement the program by rule promulgated pursuant to The
15		Illinois Administrative Procedure Act. The program shall be
16		consistent with the purposes and objectives of this Act and
17		with all other specific requirements provided herein. The
18		Department may enter into such contracts and other agreements
19		with local agencies as may be necessary for the purpose of
20		administering the energy assistance program.
21		(b) Nothing in this Act shall be construed as altering or
22		limiting the authority conferred on the Illinois Commerce
23		Commission by the Public Utilities Act to regulate all aspects
24		of the provision of public utility service, including but not
25		limited to the authority to make rules and adjudicate disputes
26		between utilities and customers related to eligibility for
27		utility service, deposits, payment practices, discontinuance
28		of service, and the treatment of arrearages owing for
29		previously rendered utility service.
30		(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
31		(305 ILCS 20/5) (from Ch. 111 2/3, par. 1405)
32		Sec. 5. Policy Advisory Council.
33		(a) Within the Department of Commerce and Economic
34		Opportunity Community Affairs is created a Low Income Energy

1		Assistance Policy Advisory Council.
2		(b) The Council shall be chaired by the Director of
3		Commerce and Economic Opportunity Community Affairs or his or
4		her designee. There shall be 20 members of the Low Income
5		Energy Assistance Policy Advisory Council, including the
6		chairperson and the following members:
7		(1) one member designated by the Illinois Commerce
8		Commission;
9		(2) one member designated by the Illinois Department of
10		Natural Resources;
11		(3) one member designated by the Illinois Energy
12		Association to represent electric public utilities serving
13		in excess of 1 million customers in this State;
14		(4) one member agreed upon by gas public utilities that
15		serve more than 500,000 and fewer than 1,500,000 customers
16		in this State;
17		(5) one member agreed upon by gas public utilities that
18		serve 1,500,000 or more customers in this State;
19		(6) one member designated by the Illinois Energy
20		Association to represent combination gas and electric
21		public utilities;
22		(7) one member agreed upon by the Illinois Municipal
23		Electric Agency and the Association of Illinois Electric
24		Cooperatives;
25		(8) one member agreed upon by the Illinois Industrial
26		Energy Consumers;
27		(9) three members designated by the Department to
28		represent low income energy consumers;
29		(10) two members designated by the Illinois Community
30		Action Association to represent local agencies that assist
31		in the administration of this Act;
32		(11) one member designated by the Citizens Utility
33		Board to represent residential energy consumers;
34		(12) one member designated by the Illinois Retail
35		Merchants Association to represent commercial energy
36		customers;

1		(13) one member designated by the Department to
2		represent independent energy providers; and
3		(14) three members designated by the Mayor of the City
4		of Chicago.
5		(c) Designated and appointed members shall serve 2 year
6		terms and until their successors are appointed and qualified.
7		The designating organization shall notify the chairperson of
8		any changes or substitutions of a designee within 10 business
9		days of a change or substitution. Members shall serve without
10		compensation, but may receive reimbursement for actual costs
11		incurred in fulfilling their duties as members of the Council.
12		(d) The Council shall have the following duties:
13		(1) to monitor the administration of this Act to ensure
14		effective, efficient, and coordinated program development
15		and implementation;
16		(2) to assist the Department in developing and
17		administering rules and regulations required to be
18		promulgated pursuant to this Act in a manner consistent
19		with the purpose and objectives of this Act;
20		(3) to facilitate and coordinate the collection and
21		exchange of all program data and other information needed
22		by the Department and others in fulfilling their duties
23		pursuant to this Act;
24		(4) to advise the Department on the proper level of
25		support required for effective administration of the Act;
26		(5) to provide a written opinion concerning any
27		regulation proposed pursuant to this Act, and to review and
28		comment on any energy assistance or related plan required
29		to be prepared by the Department;
30		(6) to advise the Department on the use of funds
31		collected pursuant to Section 11 of this Act, and on any
32		changes to existing low income energy assistance programs
33		to make effective use of such funds, so long as such uses
34		and changes are consistent with the requirements of the
35		Act.
36		(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)

1		(305 ILCS 20/8) (from Ch. 111 2/3, par. 1408)
2		Sec. 8. Program Reports.
3		(a) The Department of Natural Resources shall prepare and
4		submit to the Governor and the General Assembly reports on
5		September 30 biennially, beginning in 2003, evaluating the
6		effectiveness of the energy assistance and weatherization
7		policies authorized by this Act. The first report shall cover
8		such effects during the first winter during which the program
9		authorized by this Act, is in operation, and successive reports
10		shall cover effects since the issuance of the preceding report.
11		(1) Reports issued pursuant to this Section shall be
12		limited to, information concerning the effects of the
13		policies authorized by this Act on (1) the ability of
14		eligible applicants to obtain and maintain adequate and
15		affordable winter energy services and (2) changes in the
16		costs and prices of winter energy services for people who
17		do not receive energy assistance pursuant to this Act.
18		(2) The Department of Natural Resources shall by
19		September 30, 2002, in consultation with the Policy
20		Advisory Council, determine the kinds of numerical and
21		other information needed to conduct the evaluations
22		required by this Section, and shall advise the Policy
23		Advisory Council of such information needs in a timely
24		manner. The Department of Commerce and Economic
25		Opportunity Community Affairs, the Department of Human
26		Services, and the Illinois Commerce Commission shall each
27		provide such information as the Department of Natural
28		Resources may require to ensure that the evaluation
29		reporting requirement established by this Section can be
30		met.
31		(b) On or before December 31, 2002, 2004, 2006, and 2007,
32		the Department shall prepare a report for the General Assembly
33		on the expenditure of funds appropriated for the programs
34		authorized under this Act.
35		(c) On or before December 31 of each year in 2004, 2006,

1		and 2007, the Department shall, in consultation with the
2		Council, prepare and submit evaluation reports to the Governor
3		and the General Assembly outlining the effects of the program
4		designed under this Act on the following as it relates to the
5		propriety of continuing the program:
6		(1) the definition of an eligible low income
7		residential customer;
8		(2) access of low income residential customers to
9		essential energy services;
10		(3) past due amounts owed to utilities by low income
11		persons in Illinois;
12		(4) appropriate measures to encourage energy
13		conservation, efficiency, and responsibility among low
14		income residential customers;
15		(5) the activities of the Department in the development
16		and implementation of energy assistance and related
17		policies and programs, which characterizes progress toward
18		meeting the objectives and requirements of this Act, and
19		which recommends any statutory changes which might be
20		needed to further such progress.
21		(d) The Department shall by September 30, 2002 in
22		consultation with the Council determine the kinds of numerical
23		and other information needed to conduct the evaluations
24		required by this Section.
25		(e) The Illinois Commerce Commission shall require each
26		public utility providing heating or electric service to compile
27		and submit any numerical and other information needed by the
28		Department of Natural Resources to meet its reporting
29		obligations.
30		(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)
31		(305 ILCS 20/13)
32		Sec. 13. Supplemental Low-Income Energy Assistance Fund.
33		(a) The Supplemental Low-Income Energy Assistance Fund is
34		hereby created as a special fund in the State Treasury. The
35		Supplemental Low-Income Energy Assistance Fund is authorized

1		to receive, by statutory deposit, the moneys collected pursuant
2		to this Section. Subject to appropriation, the Department shall
3		use moneys from the Supplemental Low-Income Energy Assistance
4		Fund for payments to electric or gas public utilities,
5		municipal electric or gas utilities, and electric cooperatives
6		on behalf of their customers who are participants in the
7		program authorized by Section 4 of this Act, for the provision
8		of weatherization services and for administration of the
9		Supplemental Low-Income Energy Assistance Fund. The yearly
10		expenditures for weatherization may not exceed 10% of the
11		amount collected during the year pursuant to this Section. The
12		yearly administrative expenses of the Supplemental Low-Income
13		Energy Assistance Fund may not exceed 10% of the amount
14		collected during that year pursuant to this Section.
15		(b) Notwithstanding the provisions of Section 16-111 of the
16		Public Utilities Act but subject to subsection (k) of this
17		Section, each public utility, electric cooperative, as defined
18		in Section 3.4 of the Electric Supplier Act, and municipal
19		utility, as referenced in Section 3-105 of the Public Utilities
20		Act, that is engaged in the delivery of electricity or the
21		distribution of natural gas within the State of Illinois shall,
22		effective January 1, 1998, assess each of its customer accounts
23		a monthly Energy Assistance Charge for the Supplemental
24		Low-Income Energy Assistance Fund. The delivering public
25		utility, municipal electric or gas utility, or electric or gas
26		cooperative for a self-assessing purchaser remains subject to
27		the collection of the fee imposed by this Section. The monthly
28		charge shall be as follows:
29		(1) $0.40 per month on each account for residential
30		electric service;
31		(2) $0.40 per month on each account for residential gas
32		service;
33		(3) $4 per month on each account for non-residential
34		electric service which had less than 10 megawatts of peak
35		demand during the previous calendar year;
36		(4) $4 per month on each account for non-residential

1		gas service which had distributed to it less than 4,000,000
2		therms of gas during the previous calendar year;
3		(5) $300 per month on each account for non-residential
4		electric service which had 10 megawatts or greater of peak
5		demand during the previous calendar year; and
6		(6) $300 per month on each account for non-residential
7		gas service which had 4,000,000 or more therms of gas
8		distributed to it during the previous calendar year.
9		(c) For purposes of this Section:
10		(1) "residential electric service" means electric
11		utility service for household purposes delivered to a
12		dwelling of 2 or fewer units which is billed under a
13		residential rate, or electric utility service for
14		household purposes delivered to a dwelling unit or units
15		which is billed under a residential rate and is registered
16		by a separate meter for each dwelling unit;
17		(2) "residential gas service" means gas utility
18		service for household purposes distributed to a dwelling of
19		2 or fewer units which is billed under a residential rate,
20		or gas utility service for household purposes distributed
21		to a dwelling unit or units which is billed under a
22		residential rate and is registered by a separate meter for
23		each dwelling unit;
24		(3) "non-residential electric service" means electric
25		utility service which is not residential electric service;
26		and
27		(4) "non-residential gas service" means gas utility
28		service which is not residential gas service.
29		(d) At least 45 days prior to the date on which it must
30		begin assessing Energy Assistance Charges, each public utility
31		engaged in the delivery of electricity or the distribution of
32		natural gas shall file with the Illinois Commerce Commission
33		tariffs incorporating the Energy Assistance Charge in other
34		charges stated in such tariffs.
35		(e) The Energy Assistance Charge assessed by electric and
36		gas public utilities shall be considered a charge for public

1		utility service.
2		(f) By the 20th day of the month following the month in
3		which the charges imposed by the Section were collected, each
4		public utility, municipal utility, and electric cooperative
5		shall remit to the Department of Revenue all moneys received as
6		payment of the Energy Assistance Charge on a return prescribed
7		and furnished by the Department of Revenue showing such
8		information as the Department of Revenue may reasonably
9		require. If a customer makes a partial payment, a public
10		utility, municipal utility, or electric cooperative may elect
11		either: (i) to apply such partial payments first to amounts
12		owed to the utility or cooperative for its services and then to
13		payment for the Energy Assistance Charge or (ii) to apply such
14		partial payments on a pro-rata basis between amounts owed to
15		the utility or cooperative for its services and to payment for
16		the Energy Assistance Charge.
17		(g) The Department of Revenue shall deposit into the
18		Supplemental Low-Income Energy Assistance Fund all moneys
19		remitted to it in accordance with subsection (f) of this
20		Section.
21		(h) (Blank).
22		On or before December 31, 2002, the Department shall
23		prepare a report for the General Assembly on the expenditure of
24		funds appropriated from the Low-Income Energy Assistance Block
25		Grant Fund for the program authorized under Section 4 of this
26		Act.
27		(i) The Department of Revenue may establish such rules as
28		it deems necessary to implement this Section.
29		(j) The Department of Commerce and Economic Opportunity
30		Community Affairs may establish such rules as it deems
31		necessary to implement this Section.
32		(k) The charges imposed by this Section shall only apply to
33		customers of municipal electric or gas utilities and electric
34		or gas cooperatives if the municipal electric or gas utility or
35		electric or gas cooperative makes an affirmative decision to
36		impose the charge. If a municipal electric or gas utility or an

1		electric cooperative makes an affirmative decision to impose
2		the charge provided by this Section, the municipal electric or
3		gas utility or electric cooperative shall inform the Department
4		of Revenue in writing of such decision when it begins to impose
5		the charge. If a municipal electric or gas utility or electric
6		or gas cooperative does not assess this charge, the Department
7		may not use funds from the Supplemental Low-Income Energy
8		Assistance Fund to provide benefits to its customers under the
9		program authorized by Section 4 of this Act.
10		In its use of federal funds under this Act, the Department
11		may not cause a disproportionate share of those federal funds
12		to benefit customers of systems which do not assess the charge
13		provided by this Section.
14		This Section is repealed effective December 31, 2007 unless
15		renewed by action of the General Assembly. The General Assembly
16		shall consider the results of the evaluations described in
17		Section 8 in its deliberations.
18		(Source: P.A. 92-690, eff. 7-18-02; revised 12-6-03.)

19		Section 710. The Family Resource Development Act is amended
20		by changing Section 5 as follows:
21		(305 ILCS 30/5) (from Ch. 23, par. 6855)
22		Sec. 5. The Department of Human Services, the Illinois
23		Community College Board and the Department of Commerce and
24		Economic Opportunity Community Affairs may develop as a
25		demonstration program a Family Resource Development Center for
26		the benefit and use of an initial 20 low-income families. The
27		Center shall establish an interdisciplinary approach that
28		shall increase the coping skills of low-income families and
29		develop the potential of low-income families through community
30		economic development programs. Funding for the demonstration
31		program shall be from existing moneys in supportive services
32		funds, joint partnership training funds, and other existing
33		moneys that are intended to meet the educational, vocational
34		and training needs of recipients. The demonstration program

1		shall be administered in accordance with existing federal and
2		State statutes and regulations.
3		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)

4		Section 715. The State Housing Act is amended by changing
5		Section 40 as follows:
6		(310 ILCS 5/40) (from Ch. 67 1/2, par. 190)
7		Sec. 40. As used in this Act:
8		"Department" shall mean the Department of Commerce and
9		Economic Opportunity Community Affairs.
10		"Illinois Housing Development Authority" shall mean the
11		Illinois Housing Development Authority created by the Illinois
12		Housing Development Act of 1967, as amended.
13		"Community facilities" shall include land, buildings and
14		equipment for recreation, for social assembly, for education or
15		health or welfare activities, for the use primarily of tenants
16		of housing accommodations of a housing corporation.
17		"Cost" of land shall include all of the following items
18		paid by a housing corporation in connection with the
19		acquisition thereof when approved by the Illinois Housing
20		Development Authority; all amounts paid to the vendor on
21		account of the purchase price, whether in cash, securities or
22		property; the unpaid balance of any obligation secured by
23		mortgage remaining upon the premises or created in connection
24		with the acquisition; all accounts paid for surveys,
25		examination and insurance of title; attorneys' fees;
26		brokerage; all awards paid in condemnation and court costs and
27		fees; all documentary and stamp taxes and filing and recording
28		fees and fees of the Illinois Housing Development Authority and
29		other expenses of acquisition approved by the Illinois Housing
30		Development Authority; and shall also include all special
31		assessments for benefit upon the premises approved by the
32		Illinois Housing Development Authority whether levied before
33		or after the acquisition.
34		"Cost" of buildings and improvements, shall include all of

1		the following items when approved by the Illinois Housing
2		Development Authority; all amounts, whether in cash,
3		securities or property, paid for labor and materials for site
4		preparation and construction, for contractors' and architects'
5		and engineers' fees, for fees or permits of any municipality,
6		for workers' compensation, liability, fire and other casualty
7		insurance, for charges of financing and supervision, for
8		property taxes during construction and for interest upon
9		borrowed and invested capital during construction, for fees of
10		the Illinois Housing Development Authority, and other expenses
11		of construction approved by the Illinois Housing Development
12		Authority.
13		"Person" shall be deemed to include firm, association,
14		trust or corporation.
15		"Project" shall mean all lands, buildings and improvements
16		acquired, owned, managed, or operated by a housing corporation
17		designed to provide housing accommodations and community
18		facilities, stores and offices appurtenant or incidental
19		thereto, which are planned as a unit, whether or not acquired
20		or constructed at one time, and which ordinarily are contiguous
21		or adjacent to one another. The buildings need not be
22		contiguous or adjacent to one another, and a project may be
23		entirely composed of either single or multiple dwellings.
24		(Source: P.A. 81-1509; revised 12-6-03.)

25		Section 720. The Housing Authorities Act is amended by
26		changing Sections 8.13 and 17 as follows:
27		(310 ILCS 10/8.13) (from Ch. 67 1/2, par. 8.13)
28		Sec. 8.13. In addition to the powers conferred by this Act
29		and other laws, Housing Authorities for municipalities of less
30		than 500,000 population and for counties, the Department of
31		Commerce and Economic Opportunity Community Affairs, and the
32		governing bodies of municipal corporations, counties and other
33		public bodies may exercise the powers delegated to them in
34		Sections 8.14 to 8.18, inclusive.

1		The provisions of Sections 8.14 to 8.18, inclusive, shall
2		be deemed to create an additional and alternative method for
3		the conservation of urban residential areas and the prevention
4		of slums in municipalities of less than 500,000 to that which
5		is provided by the "Urban Community Conservation Act," approved
6		July 13, 1935, and shall not be deemed to alter, amend or
7		repeal said Urban Community Conservation Act.
8		(Source: P.A. 81-1509; revised 12-6-03)
9		(310 ILCS 10/17) (from Ch. 67 1/2, par. 17)
10		Sec. 17. The following terms, wherever used or referred to
11		in this Act shall have the following respective meanings,
12		unless in any case a different meaning clearly appears from the
13		context:
14		(a) "Authority" or "housing authority" shall mean a
15		municipal corporation organized in accordance with the
16		provisions of this Act for the purposes, with the powers and
17		subject to the restrictions herein set forth.
18		(b) "Area" or "area of operation" shall mean: (1) in the
19		case of an authority which is created hereunder for a city,
20		village, or incorporated town, the area within the territorial
21		boundaries of said city, village, or incorporated town, and so
22		long as no county housing authority has jurisdiction therein,
23		the area within three miles from such territorial boundaries,
24		except any part of such area located within the territorial
25		boundaries of any other city, village, or incorporated town;
26		and (2) in the case of a county shall include all of the county
27		except the area of any city, village or incorporated town
28		located therein in which there is an Authority. When an
29		authority is created for a county subsequent to the creation of
30		an authority for a city, village or incorporated town within
31		the same county, the area of operation of the authority for
32		such city, village or incorporated town shall thereafter be
33		limited to the territory of such city, village or incorporated
34		town, but the authority for such city, village or incorporated
35		town may continue to operate any project developed in whole or

1		in part in an area previously a part of its area of operation,
2		or may contract with the county housing authority with respect
3		to the sale, lease, development or administration of such
4		project. When an authority is created for a city, village or
5		incorporated town subsequent to the creation of a county
6		housing authority which previously included such city, village
7		or incorporated town within its area of operation, such county
8		housing authority shall have no power to create any additional
9		project within the city, village or incorporated town, but any
10		existing project in the city, village or incorporated town
11		currently owned and operated by the county housing authority
12		shall remain in the ownership, operation, custody and control
13		of the county housing authority.
14		(c) "Presiding officer" shall mean the presiding officer of
15		the board of a county, or the mayor or president of a city,
16		village or incorporated town, as the case may be, for which an
17		Authority is created hereunder.
18		(d) "Commissioner" shall mean one of the members of an
19		Authority appointed in accordance with the provisions of this
20		Act.
21		(e) "Government" shall include the State and Federal
22		governments and the governments of any subdivisions, agency or
23		instrumentality, corporate or otherwise, of either of them.
24		(f) "Department" shall mean the Department of Commerce and
25		Economic Opportunity Community Affairs.
26		(g) "Project" shall include all lands, buildings, and
27		improvements, acquired, owned, leased, managed or operated by a
28		housing authority, and all buildings and improvements
29		constructed, reconstructed or repaired by a housing authority,
30		designed to provide housing accommodations and facilities
31		appurtenant thereto (including community facilities and
32		stores) which are planned as a unit, whether or not acquired or
33		constructed at one time even though all or a portion of the
34		buildings are not contiguous or adjacent to one another; and
35		the planning of buildings and improvements, the acquisition of
36		property, the demolition of existing structures, the clearing

1		of land, the construction, reconstruction, and repair of
2		buildings or improvements and all other work in connection
3		therewith. As provided in Sections 8.14 to 8.18, inclusive,
4		"project" also means, for Housing Authorities for
5		municipalities of less than 500,000 population and for
6		counties, the conservation of urban areas in accordance with an
7		approved conservation plan. "Project" shall also include (1)
8		acquisition of (i) a slum or blighted area or a deteriorated or
9		deteriorating area which is predominantly residential in
10		character, or (ii) any other deteriorated or deteriorating area
11		which is to be developed or redeveloped for predominantly
12		residential uses, or (iii) platted urban or suburban land which
13		is predominantly open and which because of obsolete platting,
14		diversity of ownership, deterioration of structures or of site
15		improvements, or otherwise substantially impairs or arrests
16		the sound growth of the community and which is to be developed
17		for predominantly residential uses, or (iv) open unplatted
18		urban or suburban land necessary for sound community growth
19		which is to be developed for predominantly residential uses, or
20		(v) any other area where parcels of land remain undeveloped
21		because of improper platting, delinquent taxes or special
22		assessments, scattered or uncertain ownerships, clouds on
23		title, artificial values due to excessive utility costs, or any
24		other impediments to the use of such area for predominantly
25		residential uses; (2) installation, construction, or
26		reconstruction of streets, utilities, and other site
27		improvements essential to the preparation of sites for uses in
28		accordance with the development or redevelopment plan; and (3)
29		making the land available for development or redevelopment by
30		private enterprise or public agencies (including sale, initial
31		leasing, or retention by the local public agency itself). If in
32		any city, village or incorporated town there exists a land
33		clearance commission created under the "Blighted Areas
34		Redevelopment Act of 1947" having the same area of operation as
35		a housing authority created in and for any such municipality
36		such housing authority shall have no power to acquire land of

1		the character described in subparagraph (iii), (iv) or (v) of
2		paragraph 1 of the definition of "project" for the purpose of
3		development or redevelopment by private enterprise.
4		(h) "Community facilities" shall include lands, buildings,
5		and equipment for recreation or social assembly, for education,
6		health or welfare activities and other necessary utilities
7		primarily for use and benefit of the occupants of housing
8		accommodations to be constructed, reconstructed, repaired or
9		operated hereunder.
10		(i) "Real property" shall include lands, lands under water,
11		structures, and any and all easements, franchises and
12		incorporeal hereditaments and estates, and rights, legal and
13		equitable, including terms for years and liens by way of
14		judgment, mortgage or otherwise.
15		(j) The term "governing body" shall include the city
16		council of any city, the president and board of trustees of any
17		village or incorporated town, the council of any city or
18		village, and the county board of any county.
19		(k) The phrase "individual, association, corporation or
20		organization" shall include any individual, private
21		corporation, insurance company, housing corporation,
22		neighborhood redevelopment corporation, non-profit
23		corporation, incorporated or unincorporated group or
24		association, educational institution, hospital, or charitable
25		organization, and any mutual ownership or cooperative
26		organization.
27		(l) "Conservation area", for the purpose of the exercise of
28		the powers granted in Sections 8.14 to 8.18, inclusive, for
29		housing authorities for municipalities of less than 500,000
30		population and for counties, means an area of not less than 2
31		acres in which the structures in 50% or more of the area are
32		residential having an average age of 35 years or more. Such an
33		area is not yet a slum or blighted area as defined in the
34		Blighted Areas Redevelopment Act of 1947, but such an area by
35		reason of dilapidation, obsolescence, deterioration or illegal
36		use of individual structures, overcrowding of structures and

1		community facilities, conversion of residential units into
2		non-residential use, deleterious land use or layout, decline of
3		physical maintenance, lack of community planning, or any
4		combination of these factors may become a slum and blighted
5		area.
6		(m) "Conservation plan" means the comprehensive program
7		for the physical development and replanning of a "Conservation
8		Area" as defined in paragraph (l) embodying the steps required
9		to prevent such Conservation Area from becoming a slum and
10		blighted area.
11		(n) "Fair use value" means the fair cash market value of
12		real property when employed for the use contemplated by a
13		"Conservation Plan" in municipalities of less than 500,000
14		population and in counties.
15		(o) "Community facilities" means, in relation to a
16		"Conservation Plan", those physical plants which implement,
17		support and facilitate the activities, services and interests
18		of education, recreation, shopping, health, welfare, religion
19		and general culture.
20		(p) "Loan agreement" means any agreement pursuant to which
21		an Authority agrees to loan the proceeds of its revenue bonds
22		issued with respect to a multifamily rental housing project or
23		other funds of the Authority to any person upon terms providing
24		for loan repayment installments at least sufficient to pay when
25		due all principal of, premium, if any, and interest on the
26		revenue bonds of the Authority issued with respect to the
27		multifamily rental housing project, and providing for
28		maintenance, insurance, and other matters as may be deemed
29		desirable by the Authority.
30		(q) "Multifamily rental housing" means any rental project
31		designed for mixed-income or low-income occupancy.
32		(Source: P.A. 92-481, eff. 8-23-01; revised 12-6-03.)

33		Section 725. The Housing Development and Construction Act
34		is amended by changing Sections 2, 3, 3a, 3b, 5, 8, 9a, and 10
35		as follows:

1		(310 ILCS 20/2) (from Ch. 67 1/2, par. 54)
2		Sec. 2. Any housing authority now or hereafter organized
3		under the "Housing Authorities Act," approved March 19, 1934,
4		as amended, and any Land Clearance Commission heretofore
5		organized under the Act herein repealed or hereafter organized
6		under the provisions of the "Blighted Areas Redevelopment Act
7		of 1947," enacted by the 65th General Assembly, may make
8		application to the Department of Commerce and Economic
9		Opportunity Community Affairs for a grant of state funds from
10		the appropriation designated for the making of grants under
11		this Act. No such housing authority or Land Clearance
12		Commission shall apply for a sum larger than the proportion of
13		the population of its area of operation to the population of
14		the State, and where an authority and Land Clearance Commission
15		have been created by the governing body of the same
16		municipality, an amount not in excess of one-half (1/2) of the
17		maximum grant allocable for such municipality on the foregoing
18		basis of proportion of population may be allocated to the
19		housing authority and an amount not in excess of one-half (1/2)
20		of the maximum grant so allocable for such municipality may be
21		allocated to the Land Clearance Commission.
22		The foregoing provisions of this section in respect to
23		maximum allocable grants to housing authorities and land
24		clearance commissions from funds appropriated by the 66th or
25		any succeeding General Assembly, and applications therefor,
26		shall be subject to the provisions of Section 3a of this Act.
27		(Source: P.A. 81-1509; revised 12-6-03.)
28		(310 ILCS 20/3) (from Ch. 67 1/2, par. 55)
29		Sec. 3. Every application for a grant shall be accompanied
30		by a statement of the uses to which a grant is to be applied, a
31		description of the housing conditions in the area of operation
32		of the applicant, and a plan for development or redevelopment
33		or other use to be undertaken by the applicant. Subject to the
34		provisions of Section 3a the Department of Commerce and

1		Economic Opportunity Community Affairs shall review all
2		applications for grants and if satisfied that a need therefor
3		exists in relation to the uses to which it is to be applied and
4		upon approval of the plan submitted with the application, the
5		Director of the Department of Commerce and Economic Opportunity
6		Community Affairs shall transmit to the State Comptroller a
7		statement of approval and of the amount of the grant. Upon
8		receipt of such statement by the Comptroller, the approved
9		grant shall be paid to the applicant from any appropriation
10		designated for the making of grants under this Act.
11		(Source: P.A. 81-1509; revised 12-6-03.)
12		(310 ILCS 20/3a) (from Ch. 67 1/2, par. 55a)
13		Sec. 3a. Application for grants from funds appropriated by
14		the 66th or any succeeding General Assembly shall be made not
15		later than June 30th of the year following the year in which
16		such appropriation was enacted. Each such application shall be
17		reviewed by the Department of Commerce and Economic Opportunity
18		Community Affairs as provided in Section 3 and if approved
19		shall entitle the applicant to a grant upon the basis of the
20		population formula prescribed in Section 2. No application
21		shall be approved unless the Department of Commerce and
22		Economic Opportunity Community Affairs is satisfied that the
23		amount approved will be properly employed by the applicant in
24		carrying out the plan accompanying the application.
25		If any housing authority or land clearance commission has
26		failed to make application for a grant of funds appropriated by
27		the 66th or any succeeding General Assembly prior to July 1st
28		of the year following the year in which the appropriation was
29		enacted, such portion of the appropriation as remains
30		unallocated shall be available for distribution by the
31		Department of Commerce and Economic Opportunity Community
32		Affairs to housing authorities and land clearance commissions
33		which make application and establish a need therefor in
34		relation to a specific project or projects approved by the
35		Department. The determination of the relative needs of

1		applicants shall be made by the Department of Commerce and
2		Economic Opportunity Community Affairs; provided, that in no
3		event shall the sum of any initial and supplemental grants to
4		any applicant exceed 50% of the total appropriation made
5		available for distribution to all applicants in the State.
6		(Source: P.A. 81-1509; revised 12-6-03.)
7		(310 ILCS 20/3b) (from Ch. 67 1/2, par. 55b)
8		Sec. 3b. In any municipality or county for which a Land
9		Clearance Commission has been established, and for which no
10		Housing Authority has been established, the Land Clearance
11		Commission, if a recipient of state grants under this Act, may,
12		subject to the approval of the Department of Commerce and
13		Economic Opportunity Community Affairs, exercise the powers
14		vested in Housing Authorities under the provisions of this Act
15		and the "Housing Authorities Act," approved March 19, 1934, as
16		amended, and apply state grant funds allocated under this Act
17		to any such purpose. For the purpose of any project so
18		undertaken, the Land Clearance Commission shall be subject to
19		all laws and regulations applicable to Housing Authorities. If
20		a Housing Authority is established for any such municipality or
21		county, the Land Clearance Commission shall thereafter
22		exercise only those powers designated in the "Blighted Areas
23		Redevelopment Act of 1947," approved July 2, 1947, as amended,
24		and, in respect to pending, uncompleted or existing projects
25		undertaken as a Housing Authority, the Land Clearance
26		Commission, subject to the approval of the Department of
27		Commerce and Economic Opportunity Community Affairs, may
28		either complete or continue such project, or transfer full and
29		complete power thereover to the Housing Authority.
30		(Source: P.A. 81-1509; revised 12-6-03.)
31		(310 ILCS 20/5) (from Ch. 67 1/2, par. 57)
32		Sec. 5. Any grants paid hereunder to a housing authority
33		shall be deposited in a separate fund and, subject to the
34		approval of the Department of Commerce and Economic Opportunity

1		Community Affairs, may be used for any or all of the following
2		purposes as the needs of the community may require: the
3		acquisition of land by purchase, gift or condemnation and the
4		improvement thereof, the purchase and installation of
5		temporary housing facilities, the construction of housing
6		units for rent or sale to veterans, the families of deceased
7		servicemen, and for persons and families who by reason of
8		overcrowded housing conditions or displacement by eviction,
9		fires or other calamities, or slum clearance or other private
10		or public project involving relocation, are in urgent need of
11		safe and sanitary housing, the making of grants in connection
12		with the sale or lease of real property as provided in the
13		following paragraph of this section, and for any and all
14		purposes authorized by the "Housing Authorities Act," approved
15		March 19, 1934, as amended, including administrative expenses
16		of the housing authorities in relation to the aforesaid
17		objectives, to the extent and for the purposes authorized and
18		approved by the Department of Commerce and Economic Opportunity
19		Community Affairs. Each housing authority is vested with power
20		to exercise the right of eminent domain for the purposes
21		authorized by this Act. Condemnation proceedings instituted by
22		any such authority shall be in all respects in the manner
23		provided for the exercise of the right of eminent domain under
24		Article VII of the Code of Civil Procedure, as amended.
25		In addition to the foregoing, and for the purpose of
26		facilitating the development and construction of housing,
27		housing authorities may, with the approval of the Department of
28		Commerce and Economic Opportunity Community Affairs, enter
29		into contracts and agreements for the sale or lease of real
30		property acquired by the Authority through the use of the grant
31		hereunder, and may sell or lease such property to (1) housing
32		corporations operating under "An Act in relation to housing,"
33		approved July 12, 1933, as amended; (2) neighborhood
34		redevelopment corporations operating under the "Neighborhood
35		Redevelopment Corporation Law," approved July 9, 1941; (3)
36		insurance companies operating under Article VIII of

1		theIllinois Insurance Code; (4) non-profit corporations
2		organized for the purpose of constructing, managing and
3		operating housing projects and the improvement of housing
4		conditions, including the sale or rental of housing units to
5		persons in need thereof; or (5) to any other individual,
6		association or corporation, including bona fide housing
7		cooperatives, desiring to engage in a development or
8		redevelopment project. The term "corporation" as used in this
9		section, means a corporation organized under the laws of this
10		or any other state of the United States, or of any country,
11		which may legally make investments in this State of the
12		character herein prescribed, including foreign and alien
13		insurance companies as defined in Section 2 of the "Illinois
14		Insurance Code." No sale or lease shall be made hereunder to
15		any of the aforesaid corporations, associations or individuals
16		unless a plan approved by the Authority has been presented by
17		the purchaser or lessee for the development or redevelopment of
18		such property, together with a bond, with satisfactory
19		sureties, of not less than 10% of the cost of such development
20		or redevelopment, conditioned upon the completion of such
21		development or redevelopment; provided that the requirement of
22		the bond may be waived by the Department of Commerce and
23		Economic Opportunity Community Affairs if it is satisfied of
24		the financial ability of the purchaser or lessee to complete
25		such development or redevelopment in accordance with the
26		presented plan. To further assure that the real property so
27		sold or leased shall be used in accordance with the plan, the
28		Department of Commerce and Economic Opportunity Community
29		Affairs may require the purchaser or lessee to execute in
30		writing such undertakings as the Department deems necessary to
31		obligate such purchaser or lessee (1) to use the property for
32		the purposes presented in the plan; (2) to commence and
33		complete the building of the improvements designated in the
34		plan within the periods of time that the Department of Commerce
35		and Economic Opportunity Community Affairs fixes as
36		reasonable, and (3) to comply with such other conditions as are

1		necessary to carry out the purposes of this Act. Any such
2		property may be sold pursuant to this section for any legal
3		consideration in an amount to be approved by the Department of
4		Commerce and Economic Opportunity Community Affairs. Subject
5		to the approval of the Department of Commerce and Economic
6		Opportunity Community Affairs, a housing authority may pay to
7		any non-profit corporation of the character described in this
8		section from grants made available from state funds, such sum
9		of money which, when added to the value of the land so sold or
10		leased to such non-profit corporation and the value of other
11		assets of such non-profit corporation available for use in the
12		project, will enable such non-profit corporation to obtain
13		Federal Housing Administration insured construction mortgages.
14		Any such authority may also sell, transfer, convey or assign to
15		any such non-profit corporation any personal property,
16		including building materials and supplies, as it deems
17		necessary to facilitate the completion of the development or
18		redevelopment by such non-profit corporation.
19		If the area of operation of a housing authority includes a
20		city, village or incorporated town having a population in
21		excess of 500,000, as determined by the last preceding Federal
22		Census, no real property or interest in real property shall be
23		acquired in such municipality by the housing authority until
24		such time as the housing authority has advised the governing
25		body of such municipality of the description of the real
26		property, or interest therein, proposed to be acquired, and the
27		governing body of the municipality has approved the acquisition
28		thereof by the housing authority.
29		(Source: P.A. 90-418, eff. 8-15-97; revised 12-6-03.)
30		(310 ILCS 20/8) (from Ch. 67 1/2, par. 60)
31		Sec. 8. No housing authority or land clearance commission
32		shall reinvest or use any funds arising from the rental or sale
33		of any property acquired with funds granted pursuant to this
34		Act except with the approval of the Department of Commerce and
35		Economic Opportunity Community Affairs.

1		(Source: P.A. 81-1509; revised 12-6-03.)
2		(310 ILCS 20/9a) (from Ch. 67 1/2, par. 61a)
3		Sec. 9a. In the event that any housing authority or land
4		clearance commission has failed or refused to initiate any
5		project or projects for which it has received grants of State
6		funds under the provisions of this Act or "An Act to promote
7		the improvement of housing," approved July 26, 1945, and the
8		Department of Commerce and Economic Opportunity Community
9		Affairs, upon the basis of an investigation, is convinced that
10		such housing authority or land clearance commission is unable
11		or unwilling to proceed thereon, the Department may direct the
12		housing authority or land clearance commission to transfer to
13		the Department the balance of the State funds then in the
14		possession of such agency, and upon failure to do so within
15		thirty days after such demand, the Department shall institute a
16		civil action for the recovery thereof, which action shall be
17		maintained by the Attorney General of the State of Illinois or
18		the state's attorney of the county in which the housing
19		authority or land clearance commission has its area of
20		operation.
21		Any officer or member of any such housing authority or land
22		clearance commission who refuses to comply with the demand of
23		the Department of Commerce and Economic Opportunity Community
24		Affairs for the transfer of State funds as herein provided
25		shall be guilty of a Class A misdemeanor.
26		All State funds recovered by the Department of Commerce and
27		Economic Opportunity Community Affairs pursuant to this
28		section shall forthwith be paid into the State Housing Fund in
29		the State Treasury.
30		(Source: P.A. 81-1509; revised 12-6-03.)
31		(310 ILCS 20/10) (from Ch. 67 1/2, par. 62)
32		Sec. 10. "An Act to promote the improvement of housing",
33		approved July 26, 1945, is repealed. The repeal of said Act
34		shall not affect the validity of the organization, acts,

1		contracts, proceedings, conveyances and transactions of
2		housing authorities and land clearance commissions done or
3		performed thereunder prior to the effective date of this Act,
4		and all such acts, contracts, proceedings, conveyances and
5		transactions, done or performed thereunder, and the
6		organization of such authorities and land clearance
7		commissions are ratified, affirmed and declared valid and legal
8		in all respects. Grants paid to such housing authorities and
9		land clearance commissions under the act herein repealed may be
10		used by such authorities and commissions for the purposes for
11		which such grants were made, and all or any portion thereof
12		which remains unexpended and unobligated may, in addition, be
13		used in the manner authorized by Section 22 of the "Blighted
14		Areas Redevelopment Act of 1947", enacted by the 65th General
15		Assembly, or, with the approval of the Department of Commerce
16		and Community Affairs (now Department of Commerce and Economic
17		Opportunity) for any purpose or purposes authorized by this
18		Act.
19		(Source: P.A. 81-1509; revised 12-6-03.)

20		Section 730. The Redevelopment Project Rehousing and
21		Capital Improvements Act is amended by changing Section 2 as
22		follows:
23		(310 ILCS 30/2) (from Ch. 67 1/2, par. 93)
24		Sec. 2. Any housing authority may apply to the Department
25		of Commerce and Economic Opportunity Community Affairs for the
26		grant of a sum from the amount to be appropriated for this Act
27		to develop housing projects pursuant to the "Housing
28		Authorities Act", approved March 19, 1934, as amended, to
29		facilitate and aid in the rehousing of persons eligible for
30		tenancy under said Act residing in the site of a redevelopment
31		project who could not otherwise be rehoused in decent, safe and
32		uncongested dwelling accommodations within their financial
33		reach.
34		Upon a showing of need of a grant from the amount

1		appropriated for this Act and that the sum so granted will be
2		satisfactorily employed by the housing authority in the
3		development of housing projects for the purposes authorized by
4		this Act, the Director of the Department of Commerce and
5		Economic Opportunity Community Affairs shall transmit to the
6		State Comptroller a statement of approval and of the amount of
7		the grant, and when the municipality has paid to the housing
8		authority an amount at least equal to the amount of the
9		approved grant, the Comptroller shall pay the amount of the
10		approved grant to the housing authority from the appropriation
11		for grants under this Act. The amount so granted together with
12		the amount contributed by the city, village or incorporated
13		town in which the redevelopment project is situated shall be
14		deposited in a separate fund and shall be applied only to the
15		planning, acquisition, development, and capital improvements
16		of the approved housing project or projects for the purposes
17		authorized by this Act and the Housing Authorities Act. The
18		expenditure of any moneys from such separate fund and the
19		location of the rehousing project or projects shall be subject
20		to the approval of the Department of Commerce and Economic
21		Opportunity Community Affairs and the governing body of the
22		municipality in which the redevelopment project is located.
23		(Source: P.A. 91-632, eff. 8-19-99; revised 12-6-03.)

24		Section 735. The Illinois Affordable Housing Act is amended
25		by changing Sections 6 and 16 as follows:
26		(310 ILCS 65/6) (from Ch. 67 1/2, par. 1256)
27		Sec. 6. Advisory Commission.
28		(a) There is hereby created the Illinois Affordable Housing
29		Advisory Commission. The Commission shall consist of 15
30		members. Three of the Commissioners shall be the Directors of
31		the Illinois Housing Development Authority, the Illinois
32		Finance Authority and the Department of Commerce and Economic
33		Opportunity Community Affairs or their representatives. One of
34		the Commissioners shall be the Commissioner of the Chicago

1		Department of Housing or its representative. The remaining 11
2		members shall be appointed by the Governor, with the advice and
3		consent of the Senate, and not more than 4 of these Commission
4		members shall reside in any one county in the State. At least
5		one Commission member shall be an administrator of a public
6		housing authority from other than a municipality having a
7		population in excess of 2,000,000; at least 2 Commission
8		members shall be representatives of special needs populations
9		as described in subsection (e) of Section 8; at least 4
10		Commission members shall be representatives of community-based
11		organizations engaged in the development or operation of
12		housing for low-income and very low-income households; and at
13		least 4 Commission members shall be representatives of advocacy
14		organizations, one of which shall represent a tenants' advocacy
15		organization. The Governor shall consider nominations made by
16		advocacy organizations and community-based organizations.
17		(b) Members appointed to the Commission shall serve a term
18		of 3 years; however, 3 members first appointed under this Act
19		shall serve an initial term of one year, and 4 members first
20		appointed under this Act shall serve a term of 2 years.
21		Individual terms of office shall be chosen by lot at the
22		initial meeting of the Commission. The Governor shall appoint
23		the Chairman of the Commission, and the Commission members
24		shall elect a Vice Chairman.
25		(c) Members of the Commission shall not be entitled to
26		compensation, but shall receive reimbursement for actual and
27		reasonable expenses incurred in the performance of their
28		duties.
29		(d) Eight members of the Commission shall constitute a
30		quorum for the transaction of business.
31		(e) The Commission shall meet at least quarterly and its
32		duties and responsibilities are:
33		(1) the study and review of the availability of
34		affordable housing for low-income and very low-income
35		households in the State of Illinois and the development of
36		a plan which addresses the need for additional affordable

1		housing;
2		(2) encouraging collaboration between federal and
3		State agencies, local government and the private sector in
4		the planning, development and operation of affordable
5		housing for low-income and very low-income households;
6		(3) studying, evaluating and soliciting new and
7		expanded sources of funding for affordable housing;
8		(4) developing, proposing, reviewing, and commenting
9		on priorities, policies and procedures for uses and
10		expenditures of Trust Fund monies, including policies
11		which assure equitable distribution of funds statewide;
12		(5) making recommendations to the Program
13		Administrator concerning proposed expenditures from the
14		Trust Fund;
15		(6) making recommendations to the Program
16		Administrator concerning the developments proposed to be
17		financed with the proceeds of Affordable Housing Program
18		Trust Fund Bonds or Notes;
19		(7) reviewing and commenting on the development of
20		priorities, policies and procedures for the administration
21		of the Program;
22		(8) monitoring and evaluating all allocations of funds
23		under this Program; and
24		(9) making recommendations to the General Assembly for
25		further legislation that may be necessary in the area of
26		affordable housing.
27		(Source: P.A. 93-205, eff. 1-1-04; revised 12-6-03.)
28		(310 ILCS 65/16) (from Ch. 67 1/2, par. 1266)
29		Sec. 16. Tax Increment Financing Plan. The Program
30		Administrator shall, in cooperation with the Department of
31		Commerce and Economic Opportunity Community Affairs, develop a
32		plan for the use of tax increment financing to increase the
33		availability of affordable housing. The Program Administrator
34		shall recommend ways in which local tax increment financing can
35		be exported from commercial and industrial developments to very

1		low-income, low-income and moderate income housing projects
2		outside the tax increment financing district, subject to
3		limitation on dollar amounts. By March 1, 1990, the Program
4		Administrator shall report to the Governor and the General
5		Assembly the details of the plan and the Program
6		Administrator's recommendations for legislative action.
7		(Source: P.A. 86-925; revised 12-6-03.)

8		Section 740. The Blighted Areas Redevelopment Act of 1947
9		is amended by changing Section 3 as follows:
10		(315 ILCS 5/3) (from Ch. 67 1/2, par. 65)
11		Sec. 3. Definitions. The following terms, wherever used or
12		referred to in this Act shall have the following respective
13		meanings, unless in any case a different meaning clearly
14		appears from the context:
15		(a) "Commission" means a Land Clearance Commission created
16		pursuant to this Act or heretofore created pursuant to "An Act
17		to promote the improvement of housing," approved July 26, 1945.
18		(b) "Commissioner" or "Commissioners" shall mean a
19		Commissioner or Commissioners of a Land Clearance Commission.
20		(c) "Department" means the Department of Commerce and
21		Economic Opportunity Community Affairs.
22		(d) "Authority" or "housing authority" shall mean a housing
23		authority organized in accordance with the provisions of the
24		Housing Authorities Act.
25		(e) "Municipality" shall mean a city, village or
26		incorporated town.
27		(f) "Presiding officer" shall mean the presiding officer of
28		the board of a county, or the mayor or president of a city,
29		village or incorporated town, as the case may be, for which a
30		Land Clearance Commission is created.
31		(g) The term "governing body" shall mean the council or the
32		president and board of trustees of any city, village or
33		incorporated town, as the case may be, and the county board of
34		any county.

1		(h) "Area of operation" shall mean (1) in the case of a
2		Land Clearance Commission created for a municipality, the area
3		within the territorial boundaries of said municipality; and (2)
4		in the case of a county shall include the areas within the
5		territorial boundaries of all municipalities within such
6		county, except the area of any municipality located therein in
7		which there has been created a Land Clearance Commission or a
8		Department of Urban Renewal pursuant to the provisions of the
9		Urban Renewal Consolidation Act of 1961. When a Land Clearance
10		Commission or such a Department of Urban Renewal is created for
11		a municipality subsequent to the creation of a County land
12		clearance commission whose area of operation of the County land
13		clearance commission shall not thereafter include the
14		territory of such municipality, but the County land clearance
15		commission may continue any redevelopment project previously
16		commenced in such municipality.
17		(i) "Real property" shall include lands, lands under water,
18		structures, and any and all easements, franchises and
19		incorporeal hereditaments and estates, and rights, legal and
20		equitable, including terms for years and liens by way of
21		judgment, mortgage or otherwise.
22		(j) "Slum and Blighted Area" means any area of not less in
23		the aggregate than 2 acres located within the territorial
24		limits of a municipality where buildings or improvements, by
25		reason of dilapidation, obsolescence, overcrowding, faulty
26		arrangement or design, lack of ventilation, light and sanitary
27		facilities, excessive land coverage, deleterious land use or
28		layout or any combination of these factors, are detrimental to
29		the public safety, health, morals or welfare.
30		(k) "Slum and Blighted Area Redevelopment Project" means a
31		project involving a slum and blighted area as defined in
32		subsection (j) of this Section including undertakings and
33		activities of the Commission in a Slum and Blighted Area
34		Redevelopment Project for the elimination and for the
35		prevention of the development or spread of slums and blight and
36		may involve slum clearance and redevelopment in a Slum and

1		Blighted Area Redevelopment Project, or any combination or part
2		thereof in accordance with an Urban Renewal Program. Such
3		undertakings and activities may include:
4		1. acquisition of a slum area or a blighted area or
5		portion thereof;
6		2. demolition and removal of buildings and
7		improvements;
8		3. installation, construction or reconstruction of
9		streets, utilities, parks, playgrounds, and other
10		improvements necessary for the carrying out in the Slum and
11		Blighted Area Redevelopment Project the objectives of this
12		Act;
13		4. disposition of any property acquired in the Slum and
14		Blighted Area Redevelopment Project;
15		5. carrying out plans for a program of voluntary repair
16		and rehabilitation of buildings or other improvements in
17		accordance with a redevelopment plan.
18		(l) "Blighted Vacant Area Redevelopment Project" means a
19		project involving (1) predominantly open platted urban or
20		suburban land which because of obsolete platting, diversity of
21		ownership, deterioration of structures or of site
22		improvements, or taxes or special assessment delinquencies
23		exceeding the fair value of the land, substantially impairs or
24		arrests the sound growth of the community and which is to be
25		developed for residential or other use, provided that such a
26		project shall not be developed for other than residential use
27		unless the area, at the time the Commission adopts the
28		resolution approving the plan for the development of the area,
29		is zoned for other than residential use and unless the
30		Commission determines that residential development thereof is
31		not feasible, and such determination is approved by the
32		presiding officer and the governing body of the municipality in
33		which the area is situated and by the Department, or (2) open
34		unplatted urban or suburban land to be developed for
35		predominantly residential uses, or (3) a combination of
36		projects defined in (1) and (2) of this subsection (l).

1		(m) "Redevelopment Project" means a "Slum and Blighted Area
2		Redevelopment Project" or a "Blighted Vacant Area
3		Redevelopment Project", as the case may be, as designated in
4		the determination of the Commission pursuant to Section 13 of
5		this Act, and may include such additional area of not more in
6		the aggregate than 160 acres (exclusive of the site of any
7		abutting Slum and Blighted Area Redevelopment Project or
8		Blighted Vacant Area Redevelopment Project) located within the
9		territorial limits of the municipality, abutting and adjoining
10		in whole or in part a Slum and Blighted Area Redevelopment
11		Project or Blighted Vacant Area Redevelopment Project, which
12		the land clearance commission deems necessary for the
13		protection and completion of such redevelopment project or
14		projects and of the site improvements to be made therein and
15		which has been approved by the Department and the governing
16		body of the municipality in which the area is situated, but the
17		land clearance commission as to such additional area shall have
18		power only to make studies, surveys and plans concerning
19		services to be performed by the municipality or others,
20		including the extension of project streets and utilities, the
21		provision of parks, playgrounds or schools, and the zoning of
22		such peripheral areas.
23		(n) "Match" and any other form of said word when used with
24		reference to the matching of moneys means match on a dollar for
25		dollar basis.
26		(Source: P.A. 91-357, eff. 7-29-99; revised 12-6-03.)

27		Section 745. The Blighted Vacant Areas Development Act of
28		1949 is amended by changing Section 3 as follows:
29		(315 ILCS 10/3) (from Ch. 67 1/2, par. 91.3)
30		Sec. 3. Definitions. The following terms, wherever used or
31		referred to in this Act, shall have the following respective
32		meanings, unless, in any case, a different meaning clearly
33		appears from the context:
34		(a) "Private interest" and "developer" includes any

1		person, firm, association, trust, or business corporation.
2		(b) "Blighted vacant area" means any undeveloped
3		contiguous urban area of not less than one acre where there
4		exists diversity of ownership of lots and tax and special
5		assessment delinquencies exceeding the fair cash market value
6		of the land within such area.
7		(c) "Department" means the Department of Commerce and
8		Economic Opportunity Community Affairs.
9		(d) "Municipality" and "corporate authorities of the
10		municipality" shall have the respective meanings assigned to
11		these terms in Section 1-1-2 of the Illinois Municipal Code.
12		"Corporate authorities of the county" shall refer to the
13		governing body of the county as specified in Section 5-1004 of
14		the Counties Code.
15		(Source: P.A. 86-1475; revised 12-6-03.)

16		Section 750. The Urban Community Conservation Act is
17		amended by changing Section 4 as follows:
18		(315 ILCS 25/4) (from Ch. 67 1/2, par. 91.11)
19		Sec. 4. Excepting any municipality for and in which there
20		exists a Department of Urban Renewal created pursuant to the
21		provisions of the "Urban Renewal Consolidation Act of 1961",
22		enacted by the Seventy-Second General Assembly, any
23		municipality, after 30 days' notice, published in a newspaper
24		of general circulation within the municipality, and public
25		hearing, shall have the power to provide for the creation of a
26		Conservation Board, to operate within the boundaries of such
27		municipality, pursuant to the provisions of this Act. The
28		presiding officer of any municipality in which a Conservation
29		Board is established shall appoint, with the approval of the
30		governing body and of the Department of Commerce and Economic
31		Opportunity Community Affairs, five residents of the
32		municipality to act as a Conservation Board, hereinafter
33		referred to as "the Board." Members of the Board shall be
34		citizens of broad civic interest, administrative experience

1		and ability in the fields of finance, real estate, building, or
2		related endeavors, not more than three of whom shall belong to
3		the same political party. One such member shall be designated
4		by the presiding officer as Commissioner and shall serve at the
5		pleasure of the presiding officer. He shall administer the
6		functions assigned by the Board, preside over its meetings, and
7		carry out whatever other functions may be assigned to him by
8		the governing body. The Commissioner shall devote his full-time
9		attention to the duties of his office and shall receive no
10		public funds by way of salary, compensation, or remuneration
11		for services rendered, from any other governmental agency or
12		public body during his tenure in office, other than the salary
13		provided by the governing body, except as herein otherwise
14		specifically provided.
15		Four other members of the Board shall be appointed, to
16		serve one, two, three and four year terms. After the expiration
17		of the initial term of office each subsequent term shall be of
18		four years' duration. A member shall hold office until his
19		successor shall have been appointed and qualified. Members of
20		the Board shall be eligible to succeed themselves. Members of
21		the Board other than the Commissioner shall serve without pay,
22		except as herein otherwise specifically provided and no member
23		of the Board shall acquire any interest, direct or indirect, in
24		any conservation project, or in any property included or
25		planned to be included in any conservation project, nor shall
26		any member have any interest in any contract or proposed
27		contract in connection with any such project. Members may be
28		dismissed by the Presiding Office of the Municipality for good
29		cause shown. Such dismissal may be set aside by a two-thirds
30		vote of the governing body. Notwithstanding anything to the
31		contrary herein contained, the Commissioner, may, during all or
32		any part of his term also serve as Chairman or member of a
33		Redevelopment Commission created pursuant to "The Neighborhood
34		Redevelopment Corporation Law" approved July 9, 1941, as
35		amended, and shall be entitled to receive and retain any salary
36		payable to him as Chairman or member of any such Redevelopment

1		Commission. Three members of the Conservation Board shall
2		constitute a quorum to transact business and no vacancy shall
3		impair the right of the remaining members to exercise all the
4		powers of the Board; and every act, order, rule, regulation or
5		resolution of the Conservation Board approved by a majority of
6		the members thereof at a regular or special meeting shall be
7		deemed to be the act, order, rule, regulation or resolution of
8		the Conservation Board.
9		The Conservation Board shall designate Conservation Areas
10		and
11		(a) Approve all conservation plans developed for
12		Conservation Areas in the manner prescribed herein;
13		(b) Approve each use of eminent domain for the acquisition
14		of real property for the purposes of this Act, provided that
15		every property owner affected by condemnation proceedings
16		shall have the opportunity to be heard by the Board before such
17		proceedings may be approved;
18		(c) Act as the agent of the Municipality in the
19		acquisition, management, and disposition of property acquired
20		pursuant to this Act as hereinafter provided;
21		(d) Act as agent of the governing body, at the discretion
22		of the governing body, in the enforcement and the
23		administration of any ordinances relating to the conservation
24		of urban residential areas and the prevention of slums enacted
25		by the governing body pursuant to the laws of this State;
26		(e) Report annually to the presiding officer of the
27		municipality;
28		(f) Shall, as agent for the Municipality upon approval by
29		the governing body, have power to apply for and accept capital
30		grants and loans from, and contract with, the United States of
31		America, the Housing and Home Finance Agency, or any other
32		Agency or instrumentality of the United States of America, for
33		or in aid of any of the purposes of this Act, and to secure such
34		loans by the issuance of debentures, notes, special
35		certificates, or other evidences of indebtedness, to the United
36		States of America; and

1		(g) Exercise any and all other powers as shall be necessary
2		to effectuate the purposes of this Act.
3		(Source: P.A. 81-1509; revised 12-6-03.)

4		Section 755. The Urban Renewal Consolidation Act of 1961 is
5		amended by changing Sections 5, 16, 17, and 31 as follows:
6		(315 ILCS 30/5) (from Ch. 67 1/2, par. 91.105)
7		Sec. 5. As soon as possible after the adoption of the
8		ordinance by the governing body, the presiding officer of such
9		municipality in which a Department of Urban Renewal is
10		established, shall appoint, with the approval of the governing
11		body, five members to act as a Department of Urban Renewal,
12		hereinafter referred to as the "Department". Members of the
13		Department shall be citizens of broad civic interest,
14		administrative experience and ability in the fields of finance,
15		real estate, building or related endeavors, at least three of
16		whom shall be residents and electors of the municipality, and
17		not more than three members shall belong to the same political
18		party.
19		One member shall be designated by the presiding officer as
20		Chairman and shall serve at the pleasure of the presiding
21		officer. He shall administer the functions assigned by the
22		Department, preside over its meetings and carry out whatever
23		other functions may be assigned to him by the Department and by
24		the governing body. The Chairman shall devote his full-time
25		attention to the duties of his office and shall receive no
26		public funds by way of salary, compensation, or remuneration
27		for services rendered, from any other governmental agency or
28		public body during his tenure in office, other than the salary
29		provided by the governing body.
30		Four other members shall be appointed with initial terms of
31		one, two, three and four years. At the expiration of the term
32		of each such member, and of each succeeding member, or in the
33		event of a vacancy, the presiding officer shall appoint a
34		member, subject to the approval of the governing body as

1		aforesaid, to hold office, in the case of a vacancy for the
2		unexpired term, or in the case of expiration for a term of four
3		years, or until his successor shall have been appointed and
4		qualified. Members shall be eligible to succeed themselves.
5		Members other than the Chairman shall serve without
6		compensation in the form of salary, per diem allowances or
7		otherwise, but each such member shall be entitled to
8		reimbursement for any necessary expenditures in connection
9		with the performance of his duties.
10		Any public officer shall be eligible to serve as a member
11		of the Department of Urban Renewal, and the acceptance of
12		appointment as such shall not terminate or impair his other
13		public office, the provision of any statute to the contrary
14		notwithstanding; but no officer or employee of the Department
15		of Commerce and Economic Opportunity Community Affairs shall be
16		eligible to serve as a member, nor shall more than two public
17		officers be members of the Department at one time; provided,
18		however, that any commissioner of a land clearance commission
19		or member of a conservation board shall be eligible to serve as
20		a member, and the acceptance of appointment as such shall not
21		impair his right to serve on such land clearance commission or
22		conservation board pending its dissolution, the provision of
23		any statute to the contrary notwithstanding. Members other than
24		the Chairman may be removed from office by the presiding
25		officer for good cause shown. Such removal may be set aside by
26		a two-thirds vote of the governing body.
27		(Source: P.A. 81-1509; revised 12-6-03.)
28		(315 ILCS 30/16) (from Ch. 67 1/2, par. 91.116)
29		Sec. 16. The Department, with the approval of the
30		Department of Commerce and Economic Opportunity Community
31		Affairs and the governing body of the municipality in which the
32		redevelopment project is located, may sell and convey not to
33		exceed 15% of all the real property which is to be used for
34		residential purposes in the area or areas of a redevelopment
35		project or projects to a Housing Authority created under an Act

1		entitled "An Act in relation to housing authorities," approved
2		March 19, 1934, as amended, having jurisdiction within the area
3		of the redevelopment project or projects, to provide housing
4		projects pursuant to said last mentioned Act; provided the
5		Department of Commerce and Economic Opportunity Community
6		Affairs determines that it is not practicable or feasible to
7		otherwise relocate eligible persons residing in the area of the
8		redevelopment project or projects in decent, safe and
9		uncongested dwelling accommodations within their financial
10		reach, unless such a housing project is undertaken by the
11		Housing Authority, and provided further that first preference
12		for occupancy in any such housing project developed by the
13		Housing Authority on such real property shall be granted to
14		eligible persons from the area included in the redevelopment
15		project or projects that cannot otherwise be relocated in
16		decent, safe and uncongested dwelling accommodations within
17		their financial reach.
18		Any real property sold and conveyed to a Housing Authority
19		pursuant to the provisions of this Section shall be sold at its
20		use value (which may be less than its acquisition cost), which
21		represents the value at which the Department determines such
22		land should be made available in order that it may be
23		redeveloped for the purposes specified in this Section.
24		(Source: P.A. 81-1509; revised 12-6-03.)
25		(315 ILCS 30/17) (from Ch. 67 1/2, par. 91.117)
26		Sec. 17. A Department, with the approval of the Department
27		of Commerce and Economic Opportunity Community Affairs and the
28		governing body of the municipality in which the project is
29		located, may sell and convey any part of the real property
30		within the area of a slum and blighted area redevelopment
31		project as defined in Subsection (j) of Section 3 hereof to a
32		Housing Authority created under an Act entitled "An Act in
33		relation to housing authorities," approved March 19, 1934, as
34		amended, having jurisdiction within the area of the
35		redevelopment project or projects. Any real property sold and

1		conveyed to a Housing Authority pursuant to the provisions of
2		this Section shall be for the sole purpose of resale pursuant
3		to the terms and provisions of Section 5 of an Act entitled "An
4		Act to facilitate the development and construction of housing,
5		to provide governmental assistance therefor, and to repeal an
6		Act herein named," approved July 2, 1947, to a nonprofit
7		corporation, or nonprofit corporations, organized for the
8		purpose of constructing, managing and operating housing
9		projects and the improvement of housing conditions, including
10		the sale or rental of housing units to persons in need thereof.
11		No sale shall be consummated pursuant to this Section unless
12		the nonprofit corporation to which the Housing Authority is to
13		resell, obligates itself to use the land for the purposes
14		designated in the approved plan referred to in Section 19
15		hereof and to commence and complete the building of the
16		improvements within the periods of time which the Department
17		fixes as reasonable and unless the Department is satisfied that
18		the nonprofit corporation will have sufficient moneys to
19		complete the redevelopment in accordance with the approved
20		plan.
21		Any real property sold and conveyed to a Housing Authority
22		pursuant to the provisions of this Section shall be sold at its
23		use value (which may be less than its acquisition cost), which
24		represents the value at which the Department determines such
25		land should be made available in order that it may be developed
26		or redeveloped for the purposes specified in the approved plan.
27		(Source: P.A. 81-1509; revised 12-6-03.)
28		(315 ILCS 30/31) (from Ch. 67 1/2, par. 91.131)
29		Sec. 31. When a Department of Urban Renewal has been
30		established hereunder the presiding officer of the
31		municipality shall so notify the Department of Commerce and
32		Economic Opportunity Community Affairs and the land clearance
33		commission in its area of operation by transmitting to the
34		Department of Commerce and Economic Opportunity Community
35		Affairs and such land clearance commission a certified copy of

1		the ordinance of the governing body providing for the creation
2		of such Department.
3		From and after the receipt of such notice such land
4		clearance commission shall undertake no new development or
5		redevelopment projects; however, such land clearance
6		commission shall, pending its dissolution as hereinafter
7		provided, have and continue to exercise all powers vested in
8		land clearance commissions by the "Blighted Areas
9		Redevelopment Act of 1947," approved July 2, 1947, as amended,
10		with respect to: (1) projects then in progress pending
11		determination, as hereinafter provided, by the governing body
12		of the municipality as to which, if any, of the redevelopment
13		projects then in progress are to be completed by such land
14		clearance commission, and (2) projects which the governing body
15		of the municipality determines shall be completed by such land
16		clearance commission.
17		Such land clearance commission shall promptly prepare a
18		detailed report covering its operations and activities and the
19		status of all of its pending development or redevelopment
20		projects, together with all other pertinent data and
21		information as may be requested by the Department. The
22		Department shall cause an audit to be made of the financial
23		affairs and obligations of such land clearance commission.
24		Copies of such report and audit shall be furnished the
25		presiding officer of the municipality, the department, the
26		governing body of the municipality, the Department of Commerce
27		and Economic Opportunity Community Affairs and such land
28		clearance commission.
29		Upon receipt of such audit and report the Department of
30		Urban Renewal, with the approval of the governing body of the
31		municipality, shall determine with respect to any
32		redevelopment project then in progress whether such project
33		shall be completed by such land clearance commission or by the
34		Department of Urban Renewal, and shall so notify such land
35		clearance commission and the Department of Commerce and
36		Economic Opportunity Community Affairs.

1		Such land clearance commission shall, upon receipt of the
2		determinations of the Department of Urban Renewal with respect
3		to redevelopment projects then in progress, proceed with the
4		orderly dissolution of such land clearance commission. When
5		provision has been made for the refunding or payment of
6		outstanding bonds of such land clearance commission the
7		Commissioners of such land clearance commission shall promptly
8		take appropriate action to convey, transfer, assign, deliver
9		and pay over to the municipality for the purposes under Part I
10		of this Act, all cash, real property, securities, contracts,
11		records, and assets of any kind or nature which will not be
12		needed for the completion by the land clearance commission of
13		any redevelopment project which the department may have
14		determined should be completed by such land clearance
15		commission and which will not be required for the orderly
16		dissolution of such land clearance commission. All assets so
17		conveyed, assigned, transferred and paid over to the
18		municipality shall be subject to the same rights, liabilities
19		and obligations as existed prior to the transfer to the
20		municipality.
21		When all of the cash, real property, securities, contracts,
22		assets, records and functions of a land clearance commission
23		have been so conveyed, transferred, assigned, delivered and
24		paid over to the municipality and provisions have been made for
25		the refunding or payment of outstanding bonds of such land
26		clearance commission, and when such land clearance commission
27		has completed all projects which the Department, as aforesaid,
28		may have determined should be completed by such land clearance
29		commission, it shall so notify the Department of Commerce and
30		Economic Opportunity Community Affairs. When the Department of
31		Commerce and Economic Opportunity Community Affairs is
32		satisfied that a proper accounting has been made and that no
33		contingent liabilities exist, the Department of Commerce and
34		Economic Opportunity Community Affairs shall issue a
35		certificate of dissolution which it shall file in the office in
36		which deeds of property in the area of operation are recorded,

1		and upon such filing, such land clearance commission shall be
2		dissolved and cease to exist.
3		(Source: P.A. 81-1509; revised 12-6-03.)

4		Section 760. The Partnership for Long-Term Care Act is
5		amended by changing Sections 50 and 60 as follows:
6		(320 ILCS 35/50) (from Ch. 23, par. 6801-50)
7		Sec. 50. Task force.
8		(a) An executive and legislative advisory task force shall
9		be created to provide advice and assistance in designing and
10		implementing the Partnership for Long-term Care Program. The
11		task force shall be composed of representatives, designated by
12		the director of each of the following agencies or departments:
13		(1) The Department on Aging.
14		(2) The Department of Public Aid.
15		(3) (Blank).
16		(4) The Department of Insurance.
17		(5) The Department of Commerce and Community Affairs
18		(now Department of Commerce and Economic Opportunity).
19		(6) The Legislative Research Unit.
20		(b) The task force shall consult with persons knowledgeable
21		of and concerned with long-term care, including, but not
22		limited to the following:
23		(1) Consumers.
24		(2) Health care providers.
25		(3) Representatives of long-term care insurance
26		companies and administrators of health care service plans
27		that cover long-term care services.
28		(4) Providers of long-term care.
29		(5) Private employers.
30		(6) Academic specialists in long-term care and aging.
31		(7) Representatives of the public employees' and
32		teachers' retirement systems.
33		(c) The task force shall be established, and its members
34		designated, not later than March 1, 1993. The task force shall

1		make recommendations to the Department on Aging concerning the
2		policy components of the program on or before September 1,
3		1993.
4		(Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 90-14,
5		eff. 7-1-97; revised 12-6-03.)
6		(320 ILCS 35/60) (from Ch. 23, par. 6801-60)
7		Sec. 60. Administrative costs.
8		(a) The Department on Aging, in conjunction with the
9		Department of Public Aid, the Department of Insurance, and the
10		Department of Commerce and Economic Opportunity Community
11		Affairs, shall submit applications for State or federal grants
12		or federal waivers, or funding from nationally distributed
13		private foundation grants, or insurance reimbursements to be
14		used to pay the administrative expenses of implementation of
15		the program. The Department on Aging, in conjunction with those
16		other departments, also shall seek moneys from these same
17		sources for the purpose of implementing the program, including
18		moneys appropriated for that purpose.
19		(b) In implementing this Act, the Department on Aging may
20		negotiate contracts, on a nonbid basis, with long-term care
21		insurers, health care insurers, health care service plans, or
22		both, for the provision of coverage for long-term care services
23		that will meet the certification requirements set forth in
24		Section 30 and the other requirements of this Act.
25		(Source: P.A. 89-507, eff. 7-1-97; 89-525, eff. 7-19-96; 90-14,
26		eff. 7-1-97; revised 12-6-03.)

27		Section 765. The High Risk Youth Career Development Act is
28		amended by changing Section 1 as follows:
29		(325 ILCS 25/1) (from Ch. 23, par. 6551)
30		Sec. 1. The Department of Human Services (acting as
31		successor to the Illinois Department of Public Aid under the
32		Department of Human Services Act), in cooperation with the
33		Department of Commerce and Economic Opportunity Community

1		Affairs, the Illinois State Board of Education, the Department
2		of Children and Family Services, the Department of Employment
3		Services and other appropriate State and local agencies, may
4		establish and administer, on an experimental basis and subject
5		to appropriation, community-based programs providing
6		comprehensive, long-term intervention strategies to increase
7		future employability and career development among high risk
8		youth. The Department of Human Services, and the other
9		cooperating agencies, shall establish provisions for community
10		involvement in the design, development, implementation and
11		administration of these programs. The programs may provide the
12		following services: teaching of basic literacy and remedial
13		reading and writing; vocational training programs which are
14		realistic in terms of producing lifelong skills necessary for
15		career development; and supportive services including
16		transportation and child care during the training period and
17		for up to one year after placement in a job. The programs shall
18		be targeted to high risk youth residing in the geographic areas
19		served by the respective programs. "High risk" means that a
20		person is at least 16 years of age but not yet 21 years of age
21		and possesses one or more of the following characteristics:
22		(1) Has low income;
23		(2) Is a member of a minority;
24		(3) Is illiterate;
25		(4) Is a school drop out;
26		(5) Is homeless;
27		(6) Is disabled;
28		(7) Is a parent; or
29		(8) Is a ward of the State.
30		The Department of Human Services and other cooperating
31		State agencies shall promulgate rules and regulations,
32		pursuant to the Illinois Administrative Procedure Act, for the
33		implementation of this Act, including procedures and standards
34		for determining whether a person possesses any of the
35		characteristics specified in this Section.
36		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)

1		Section 770. The Developmental Disability and Mental
2		Disability Services Act is amended by changing Section 10-5 as
3		follows:
4		(405 ILCS 80/10-5)
5		Sec. 10-5. Task force created. A workforce task force for
6		persons with disabilities is created, consisting of 16 members.
7		The task force shall consist of the following members:
8		(1) Two members of the Senate, appointed one each by
9		the President of the Senate and the Minority Leader of the
10		Senate.
11		(2) Two members of the House of Representatives,
12		appointed one each by the Speaker of the House of
13		Representatives and the Minority Leader of the House of
14		Representatives.
15		(3) Three members appointed by the Secretary of Human
16		Services or his or her designee, one each representing the
17		Office of Developmental Disabilities, the Office of
18		Rehabilitation Services, and the Office of Mental Health
19		within the Department.
20		(4) One member representing the Illinois Council on
21		Developmental Disabilities, selected by the Council.
22		(5) One member appointed by the Director of Aging or
23		his or her designee.
24		(6) One member appointed by the Director of Employment
25		Security or his or her designee.
26		(7) One member appointed by the Director of Commerce
27		and Economic Opportunity Community Affairs or his or her
28		designee.
29		(8) Two members representing private businesses, one
30		of the 2 representing the Business Leaders Network,
31		appointed by the Secretary of Human Services.
32		(9) One member representing the Illinois Network of
33		Centers for Independent Living, selected by the Network.
34		(10) One member representing the Coalition of Citizens

1		with Disabilities in Illinois, selected by the Coalition.
2		(11) One member representing People First of Illinois,
3		selected by that organization.
4		(Source: P.A. 92-303, eff. 8-9-01; revised 12-6-03.)

5		Section 775. The Environmental Protection Act is amended by
6		changing Sections 3.180, 6.1, 21.6, 22.15, 22.16b, 22.23, 27,
7		55, 55.3, 55.6, 55.7, 58.14, and 58.15 as follows:
8		(415 ILCS 5/3.180) (was 415 ILCS 5/3.07)
9		Sec. 3.180. Department. "Department", when a particular
10		entity is not specified, means (i) in the case of a function to
11		be performed on or after July 1, 1995 (the effective date of
12		the Department of Natural Resources Act), either the Department
13		of Natural Resources or the Department of Commerce and Economic
14		Opportunity (formerly Department of Commerce and Community
15		Affairs), whichever, in the specific context, is the successor
16		to the Department of Energy and Natural Resources under the
17		Department of Natural Resources Act; or (ii) in the case of a
18		function performed before July 1, 1995, the former Illinois
19		Department of Energy and Natural Resources.
20		(Source: P.A. 92-574, eff. 6-26-02; revised 12-6-03.)
21		(415 ILCS 5/6.1) (from Ch. 111 1/2, par. 1006.1)
22		Sec. 6.1. The Department of Commerce and Community Affairs
23		(now Department of Commerce and Economic Opportunity) shall
24		conduct studies of the effects of all State and federal sulfur
25		dioxide regulations and emission standards on the use of
26		Illinois coal and other fuels, and shall report the results of
27		such studies to the Governor and the General Assembly. The
28		reports shall be made by July 1, 1980 and biennially
29		thereafter.
30		The requirement for reporting to the General Assembly shall
31		be satisfied by filing copies of the report with the Speaker,
32		the Minority Leader and the Clerk of the House of
33		Representatives and the President, the Minority Leader and the

1		Secretary of the Senate and the Legislative Research Unit, as
2		required by Section 3.1 of "An Act to revise the law in
3		relation to the General Assembly", approved February 25, 1874,
4		as amended, and filing such additional copies with the State
5		Government Report Distribution Center for the General Assembly
6		as is required under paragraph (t) of Section 7 of the State
7		Library Act.
8		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
9		(415 ILCS 5/21.6) (from Ch. 111 1/2, par. 1021.6)
10		Sec. 21.6. Materials disposal ban.
11		(a) Beginning July 1, 1996, no person may knowingly mix
12		liquid used oil with any municipal waste that is intended for
13		collection and disposal at a landfill.
14		(b) Beginning July 1, 1996, no owner or operator of a
15		sanitary landfill shall accept for final disposal liquid used
16		oil that is discernible in the course of prudent business
17		operation.
18		(c) For purposes of this Section, "liquid used oil" does
19		not include used oil filters, rags, absorbent material used to
20		collect spilled oil or other materials incidentally
21		contaminated with used oil, or empty containers which
22		previously contained virgin oil, re-refined oil, or used oil.
23		(d) The Agency and the Department of Commerce and Economic
24		Opportunity Community Affairs shall investigate the manner in
25		which liquid used oil is currently being utilized and potential
26		prospects for future use.
27		(Source: P.A. 91-357, eff. 7-29-99; revised 12-6-03.)
28		(415 ILCS 5/22.15) (from Ch. 111 1/2, par. 1022.15)
29		Sec. 22.15. Solid Waste Management Fund; fees.
30		(a) There is hereby created within the State Treasury a
31		special fund to be known as the "Solid Waste Management Fund",
32		to be constituted from the fees collected by the State pursuant
33		to this Section and from repayments of loans made from the Fund
34		for solid waste projects. Moneys received by the Department of

1		Commerce and Economic Opportunity Community Affairs in
2		repayment of loans made pursuant to the Illinois Solid Waste
3		Management Act shall be deposited into the Solid Waste
4		Management Revolving Loan Fund.
5		(b) The Agency shall assess and collect a fee in the amount
6		set forth herein from the owner or operator of each sanitary
7		landfill permitted or required to be permitted by the Agency to
8		dispose of solid waste if the sanitary landfill is located off
9		the site where such waste was produced and if such sanitary
10		landfill is owned, controlled, and operated by a person other
11		than the generator of such waste. The Agency shall deposit all
12		fees collected into the Solid Waste Management Fund. If a site
13		is contiguous to one or more landfills owned or operated by the
14		same person, the volumes permanently disposed of by each
15		landfill shall be combined for purposes of determining the fee
16		under this subsection.
17		(1) If more than 150,000 cubic yards of non-hazardous
18		solid waste is permanently disposed of at a site in a
19		calendar year, the owner or operator shall either pay a fee
20		of 95 cents per cubic yard or, alternatively, the owner or
21		operator may weigh the quantity of the solid waste
22		permanently disposed of with a device for which
23		certification has been obtained under the Weights and
24		Measures Act and pay a fee of $2.00 per ton of solid waste
25		permanently disposed of. In no case shall the fee collected
26		or paid by the owner or operator under this paragraph
27		exceed $1.55 per cubic yard or $3.27 per ton.
28		(2) If more than 100,000 cubic yards but not more than
29		150,000 cubic yards of non-hazardous waste is permanently
30		disposed of at a site in a calendar year, the owner or
31		operator shall pay a fee of $52,630.
32		(3) If more than 50,000 cubic yards but not more than
33		100,000 cubic yards of non-hazardous solid waste is
34		permanently disposed of at a site in a calendar year, the
35		owner or operator shall pay a fee of $23,790.
36		(4) If more than 10,000 cubic yards but not more than

1		50,000 cubic yards of non-hazardous solid waste is
2		permanently disposed of at a site in a calendar year, the
3		owner or operator shall pay a fee of $7,260.
4		(5) If not more than 10,000 cubic yards of
5		non-hazardous solid waste is permanently disposed of at a
6		site in a calendar year, the owner or operator shall pay a
7		fee of $1050.
8		(c) (Blank.)
9		(d) The Agency shall establish rules relating to the
10		collection of the fees authorized by this Section. Such rules
11		shall include, but not be limited to:
12		(1) necessary records identifying the quantities of
13		solid waste received or disposed;
14		(2) the form and submission of reports to accompany the
15		payment of fees to the Agency;
16		(3) the time and manner of payment of fees to the
17		Agency, which payments shall not be more often than
18		quarterly; and
19		(4) procedures setting forth criteria establishing
20		when an owner or operator may measure by weight or volume
21		during any given quarter or other fee payment period.
22		(e) Pursuant to appropriation, all monies in the Solid
23		Waste Management Fund shall be used by the Agency and the
24		Department of Commerce and Economic Opportunity Community
25		Affairs for the purposes set forth in this Section and in the
26		Illinois Solid Waste Management Act, including for the costs of
27		fee collection and administration.
28		(f) The Agency is authorized to enter into such agreements
29		and to promulgate such rules as are necessary to carry out its
30		duties under this Section and the Illinois Solid Waste
31		Management Act.
32		(g) On the first day of January, April, July, and October
33		of each year, beginning on July 1, 1996, the State Comptroller
34		and Treasurer shall transfer $500,000 from the Solid Waste
35		Management Fund to the Hazardous Waste Fund. Moneys transferred
36		under this subsection (g) shall be used only for the purposes

1		set forth in item (1) of subsection (d) of Section 22.2.
2		(h) The Agency is authorized to provide financial
3		assistance to units of local government for the performance of
4		inspecting, investigating and enforcement activities pursuant
5		to Section 4(r) at nonhazardous solid waste disposal sites.
6		(i) The Agency is authorized to support the operations of
7		an industrial materials exchange service, and to conduct
8		household waste collection and disposal programs.
9		(j) A unit of local government, as defined in the Local
10		Solid Waste Disposal Act, in which a solid waste disposal
11		facility is located may establish a fee, tax, or surcharge with
12		regard to the permanent disposal of solid waste. All fees,
13		taxes, and surcharges collected under this subsection shall be
14		utilized for solid waste management purposes, including
15		long-term monitoring and maintenance of landfills, planning,
16		implementation, inspection, enforcement and other activities
17		consistent with the Solid Waste Management Act and the Local
18		Solid Waste Disposal Act, or for any other environment-related
19		purpose, including but not limited to an environment-related
20		public works project, but not for the construction of a new
21		pollution control facility other than a household hazardous
22		waste facility. However, the total fee, tax or surcharge
23		imposed by all units of local government under this subsection
24		(j) upon the solid waste disposal facility shall not exceed:
25		(1) 60¢ per cubic yard if more than 150,000 cubic yards
26		of non-hazardous solid waste is permanently disposed of at
27		the site in a calendar year, unless the owner or operator
28		weighs the quantity of the solid waste received with a
29		device for which certification has been obtained under the
30		Weights and Measures Act, in which case the fee shall not
31		exceed $1.27 per ton of solid waste permanently disposed
32		of.
33		(2) $33,350 if more than 100,000 cubic yards, but not
34		more than 150,000 cubic yards, of non-hazardous waste is
35		permanently disposed of at the site in a calendar year.
36		(3) $15,500 if more than 50,000 cubic yards, but not

1		more than 100,000 cubic yards, of non-hazardous solid waste
2		is permanently disposed of at the site in a calendar year.
3		(4) $4,650 if more than 10,000 cubic yards, but not
4		more than 50,000 cubic yards, of non-hazardous solid waste
5		is permanently disposed of at the site in a calendar year.
6		(5) $$650 if not more than 10,000 cubic yards of
7		non-hazardous solid waste is permanently disposed of at the
8		site in a calendar year.
9		The corporate authorities of the unit of local government
10		may use proceeds from the fee, tax, or surcharge to reimburse a
11		highway commissioner whose road district lies wholly or
12		partially within the corporate limits of the unit of local
13		government for expenses incurred in the removal of
14		nonhazardous, nonfluid municipal waste that has been dumped on
15		public property in violation of a State law or local ordinance.
16		A county or Municipal Joint Action Agency that imposes a
17		fee, tax, or surcharge under this subsection may use the
18		proceeds thereof to reimburse a municipality that lies wholly
19		or partially within its boundaries for expenses incurred in the
20		removal of nonhazardous, nonfluid municipal waste that has been
21		dumped on public property in violation of a State law or local
22		ordinance.
23		If the fees are to be used to conduct a local sanitary
24		landfill inspection or enforcement program, the unit of local
25		government must enter into a written delegation agreement with
26		the Agency pursuant to subsection (r) of Section 4. The unit of
27		local government and the Agency shall enter into such a written
28		delegation agreement within 60 days after the establishment of
29		such fees. At least annually, the Agency shall conduct an audit
30		of the expenditures made by units of local government from the
31		funds granted by the Agency to the units of local government
32		for purposes of local sanitary landfill inspection and
33		enforcement programs, to ensure that the funds have been
34		expended for the prescribed purposes under the grant.
35		The fees, taxes or surcharges collected under this
36		subsection (j) shall be placed by the unit of local government

1		in a separate fund, and the interest received on the moneys in
2		the fund shall be credited to the fund. The monies in the fund
3		may be accumulated over a period of years to be expended in
4		accordance with this subsection.
5		A unit of local government, as defined in the Local Solid
6		Waste Disposal Act, shall prepare and distribute to the Agency,
7		in April of each year, a report that details spending plans for
8		monies collected in accordance with this subsection. The report
9		will at a minimum include the following:
10		(1) The total monies collected pursuant to this
11		subsection.
12		(2) The most current balance of monies collected
13		pursuant to this subsection.
14		(3) An itemized accounting of all monies expended for
15		the previous year pursuant to this subsection.
16		(4) An estimation of monies to be collected for the
17		following 3 years pursuant to this subsection.
18		(5) A narrative detailing the general direction and
19		scope of future expenditures for one, 2 and 3 years.
20		The exemptions granted under Sections 22.16 and 22.16a, and
21		under subsections (c) and (k) of this Section, shall be
22		applicable to any fee, tax or surcharge imposed under this
23		subsection (j); except that the fee, tax or surcharge
24		authorized to be imposed under this subsection (j) may be made
25		applicable by a unit of local government to the permanent
26		disposal of solid waste after December 31, 1986, under any
27		contract lawfully executed before June 1, 1986 under which more
28		than 150,000 cubic yards (or 50,000 tons) of solid waste is to
29		be permanently disposed of, even though the waste is exempt
30		from the fee imposed by the State under subsection (b) of this
31		Section pursuant to an exemption granted under Section 22.16.
32		(k) In accordance with the findings and purposes of the
33		Illinois Solid Waste Management Act, beginning January 1, 1989
34		the fee under subsection (b) and the fee, tax or surcharge
35		under subsection (j) shall not apply to:
36		(1) Waste which is hazardous waste; or

1		(2) Waste which is pollution control waste; or
2		(3) Waste from recycling, reclamation or reuse
3		processes which have been approved by the Agency as being
4		designed to remove any contaminant from wastes so as to
5		render such wastes reusable, provided that the process
6		renders at least 50% of the waste reusable; or
7		(4) Non-hazardous solid waste that is received at a
8		sanitary landfill and composted or recycled through a
9		process permitted by the Agency; or
10		(5) Any landfill which is permitted by the Agency to
11		receive only demolition or construction debris or
12		landscape waste.
13		(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 7-1-03; revised
14		12-6-03.)
15		(415 ILCS 5/22.16b) (from Ch. 111 1/2, par. 1022.16b)
16		Sec. 22.16b. (a) Beginning January 1, 1991, the Agency
17		shall assess and collect a fee from the owner or operator of
18		each new municipal waste incinerator. The fee shall be
19		calculated by applying the rates established from time to time
20		for the disposal of solid waste at sanitary landfills under
21		subdivision (b)(1) of Section 22.15 to the total amount of
22		municipal waste accepted for incineration at the new municipal
23		waste incinerator. The exemptions provided by this Act to the
24		fees imposed under subsection (b) of Section 22.15 shall not
25		apply to the fee imposed by this Section.
26		The owner or operator of any new municipal waste
27		incinerator permitted after January 1, 1990, but before July 1,
28		1990 by the Agency for the development or operation of a new
29		municipal waste incinerator shall be exempt from this fee, but
30		shall include the following conditions:
31		(1) The owner or operator shall provide information
32		programs to those communities serviced by the owner or
33		operator concerning recycling and separation of waste not
34		suitable for incineration.
35		(2) The owner or operator shall provide information

1		programs to those communities serviced by the owner or
2		operator concerning the Agency's household hazardous waste
3		collection program and participation in that program.
4		For the purposes of this Section, "new municipal waste
5		incinerator" means a municipal waste incinerator initially
6		permitted for development or construction on or after January
7		1, 1990.
8		Amounts collected under this subsection shall be deposited
9		into the Municipal Waste Incinerator Tax Fund, which is hereby
10		established as an interest-bearing special fund in the State
11		Treasury. Monies in the Fund may be used, subject to
12		appropriation:
13		(1) by the Department of Commerce and Economic
14		Opportunity Community Affairs to fund its public
15		information programs on recycling in those communities
16		served by new municipal waste incinerators; and
17		(2) by the Agency to fund its household hazardous waste
18		collection activities in those communities served by new
19		municipal waste incinerators.
20		(b) Any permit issued by the Agency for the development or
21		operation of a new municipal waste incinerator shall include
22		the following conditions:
23		(1) The incinerator must be designed to provide
24		continuous monitoring while in operation, with direct
25		transmission of the resultant data to the Agency, until the
26		Agency determines the best available control technology
27		for monitoring the data. The Agency shall establish the
28		test methods, procedures and averaging periods, as
29		certified by the USEPA for solid waste incinerator units,
30		and the form and frequency of reports containing results of
31		the monitoring. Compliance and enforcement shall be based
32		on such reports. Copies of the results of such monitoring
33		shall be maintained on file at the facility concerned for
34		one year, and copies shall be made available for inspection
35		and copying by interested members of the public during
36		business hours.

1		(2) The facility shall comply with the emission limits
2		adopted by the Agency under subsection (c).
3		(3) The operator of the facility shall take reasonable
4		measures to ensure that waste accepted for incineration
5		complies with all legal requirements for incineration. The
6		incinerator operator shall establish contractual
7		requirements or other notification and inspection
8		procedures sufficient to assure compliance with this
9		subsection (b)(3) which may include, but not be limited to,
10		routine inspections of waste, lists of acceptable and
11		unacceptable waste provided to haulers and notification to
12		the Agency when the facility operator rejects and sends
13		loads away. The notification shall contain at least the
14		name of the hauler and the site from where the load was
15		hauled.
16		(4) The operator may not accept for incineration any
17		waste generated or collected in a municipality that has not
18		implemented a recycling plan or is party to an implemented
19		county plan, consistent with State goals and objectives.
20		Such plans shall include provisions for collecting,
21		recycling or diverting from landfills and municipal
22		incinerators landscape waste, household hazardous waste
23		and batteries. Such provisions may be performed at the site
24		of the new municipal incinerator.
25		The Agency, after careful scrutiny of a permit application
26		for the construction, development or operation of a new
27		municipal waste incinerator, shall deny the permit if (i) the
28		Agency finds in the permit application noncompliance with the
29		laws and rules of the State or (ii) the application indicates
30		that the mandated air emissions standards will not be reached
31		within six months of the proposed municipal waste incinerator
32		beginning operation.
33		(c) The Agency shall adopt specific limitations on the
34		emission of mercury, chromium, cadmium and lead, and good
35		combustion practices, including temperature controls from
36		municipal waste incinerators pursuant to Section 9.4 of the

1		Act.
2		(d) The Agency shall establish household hazardous waste
3		collection centers in appropriate places in this State. The
4		Agency may operate and maintain the centers itself or may
5		contract with other parties for that purpose. The Agency shall
6		ensure that the wastes collected are properly disposed of. The
7		collection centers may charge fees for their services, not to
8		exceed the costs incurred. Such collection centers shall not
9		(i) be regulated as hazardous waste facilities under RCRA nor
10		(ii) be subject to local siting approval under Section 39.2 if
11		the local governing authority agrees to waive local siting
12		approval procedures.
13		(Source: P.A. 88-474; 89-101, eff. 7-7-95; 89-445, eff. 2-7-96;
14		revised 12-6-03.)
15		(415 ILCS 5/22.23) (from Ch. 111 1/2, par. 1022.23)
16		Sec. 22.23. Batteries.
17		(a) Beginning September 1, 1990, any person selling
18		lead-acid batteries at retail or offering lead-acid batteries
19		for retail sale in this State shall:
20		(1) accept for recycling used lead-acid batteries from
21		customers, at the point of transfer, in a quantity equal to
22		the number of new batteries purchased; and
23		(2) post in a conspicuous place a written notice at
24		least 8.5 by 11 inches in size that includes the universal
25		recycling symbol and the following statements: "DO NOT put
26		motor vehicle batteries in the trash."; "Recycle your used
27		batteries."; and "State law requires us to accept motor
28		vehicle batteries for recycling, in exchange for new
29		batteries purchased.".
30		(b) Any person selling lead-acid batteries at retail in
31		this State may either charge a recycling fee on each new
32		lead-acid battery sold for which the customer does not return a
33		used battery to the retailer, or provide a recycling credit to
34		each customer who returns a used battery for recycling at the
35		time of purchasing a new one.

1		(c) Beginning September 1, 1990, no lead-acid battery
2		retailer may dispose of a used lead-acid battery except by
3		delivering it (1) to a battery wholesaler or its agent, (2) to
4		a battery manufacturer, (3) to a collection or recycling
5		facility, or (4) to a secondary lead smelter permitted by
6		either a state or federal environmental agency.
7		(d) Any person selling lead-acid batteries at wholesale or
8		offering lead-acid batteries for sale at wholesale shall accept
9		for recycling used lead-acid batteries from customers, at the
10		point of transfer, in a quantity equal to the number of new
11		batteries purchased. Such used batteries shall be disposed of
12		as provided in subsection (c).
13		(e) A person who accepts used lead-acid batteries for
14		recycling pursuant to subsection (a) or (d) shall not allow
15		such batteries to accumulate for periods of more than 90 days.
16		(f) Beginning September 1, 1990, no person may knowingly
17		cause or allow:
18		(1) the placing of a lead-acid battery into any
19		container intended for collection and disposal at a
20		municipal waste sanitary landfill; or
21		(2) the disposal of any lead-acid battery in any
22		municipal waste sanitary landfill or incinerator.
23		(g) The Department of Commerce and Economic Opportunity
24		Community Affairs shall identify and assist in developing
25		alternative processing and recycling options for used
26		batteries.
27		(h) For the purpose of this Section:
28		"Lead-acid battery" means a battery containing lead and
29		sulfuric acid that has a nominal voltage of at least 6 volts
30		and is intended for use in motor vehicles.
31		"Motor vehicle" includes automobiles, vans, trucks,
32		tractors, motorcycles and motorboats.
33		(i) (Blank.)
34		(j) Knowing violation of this Section shall be a petty
35		offense punishable by a fine of $100.
36		(Source: P.A. 92-574, eff. 6-26-02; revised 12-6-03.)

1		(415 ILCS 5/27) (from Ch. 111 1/2, par. 1027)
2		Sec. 27. Rulemaking.
3		(a) The Board may adopt substantive regulations as
4		described in this Act. Any such regulations may make different
5		provisions as required by circumstances for different
6		contaminant sources and for different geographical areas; may
7		apply to sources outside this State causing, contributing to,
8		or threatening environmental damage in Illinois; may make
9		special provision for alert and abatement standards and
10		procedures respecting occurrences or emergencies of pollution
11		or on other short-term conditions constituting an acute danger
12		to health or to the environment; and may include regulations
13		specific to individual persons or sites. In promulgating
14		regulations under this Act, the Board shall take into account
15		the existing physical conditions, the character of the area
16		involved, including the character of surrounding land uses,
17		zoning classifications, the nature of the existing air quality,
18		or receiving body of water, as the case may be, and the
19		technical feasibility and economic reasonableness of measuring
20		or reducing the particular type of pollution. The generality of
21		this grant of authority shall only be limited by the
22		specifications of particular classes of regulations elsewhere
23		in this Act.
24		No charge shall be established or assessed by the Board or
25		Agency against any person for emission of air contaminants from
26		any source, for discharge of water contaminants from any
27		source, or for the sale, offer or use of any article.
28		Any person filing with the Board a written proposal for the
29		adoption, amendment, or repeal of regulations shall provide
30		information supporting the requested change and shall at the
31		same time file a copy of such proposal with the Agency and the
32		Department of Natural Resources. To aid the Board and to assist
33		the public in determining which facilities will be affected,
34		the person filing a proposal shall describe, to the extent
35		reasonably practicable, the universe of affected sources and

1		facilities and the economic impact of the proposed rule.
2		(b) Except as provided below and in Section 28.2, before
3		the adoption of any proposed rules not relating to
4		administrative procedures within the Agency or the Board, or
5		amendment to existing rules not relating to administrative
6		procedures within the Agency or the Board, the Board shall:
7		(1) request that the Department of Commerce and
8		Economic Opportunity Community Affairs conduct a study of
9		the economic impact of the proposed rules. The Department
10		may within 30 to 45 days of such request produce a study of
11		the economic impact of the proposed rules. At a minimum,
12		the economic impact study shall address (A) economic,
13		environmental, and public health benefits that may be
14		achieved through compliance with the proposed rules, (B)
15		the effects of the proposed rules on employment levels,
16		commercial productivity, the economic growth of small
17		businesses with 100 or less employees, and the State's
18		overall economy, and (C) the cost per unit of pollution
19		reduced and the variability in cost based on the size of
20		the facility and the percentage of company revenues
21		expected to be used to implement the proposed rules; and
22		(2) conduct at least one public hearing on the economic
23		impact of those new rules. At least 20 days before the
24		hearing, the Board shall notify the public of the hearing
25		and make the economic impact study, or the Department of
26		Commerce and Economic Opportunity's Community Affairs'
27		explanation for not producing an economic impact study,
28		available to the public. Such public hearing may be held
29		simultaneously or as a part of any Board hearing
30		considering such new rules.
31		In adopting any such new rule, the Board shall, in its
32		written opinion, make a determination, based upon the evidence
33		in the public hearing record, including but not limited to the
34		economic impact study, as to whether the proposed rule has any
35		adverse economic impact on the people of the State of Illinois.
36		(c) On proclamation by the Governor, pursuant to Section 8

1		of the Illinois Emergency Services and Disaster Act of 1975,
2		that a disaster emergency exists, or when the Board finds that
3		a severe public health emergency exists, the Board may, in
4		relation to any proposed regulation, order that such regulation
5		shall take effect without delay and the Board shall proceed
6		with the hearings and studies required by this Section while
7		the regulation continues in effect.
8		When the Board finds that a situation exists which
9		reasonably constitutes a threat to the public interest, safety
10		or welfare, the Board may adopt regulations pursuant to and in
11		accordance with Section 5-45 of the Illinois Administrative
12		Procedure Act.
13		(d) To the extent consistent with any deadline for adoption
14		of any regulations mandated by State or federal law, prior to
15		initiating any hearing on a regulatory proposal, the Board may
16		assign a qualified hearing officer who may schedule a
17		prehearing conference between the proponents and any or all of
18		the potentially affected persons. The notice requirements of
19		Section 28 shall not apply to such prehearing conferences. The
20		purposes of such conference shall be to maximize understanding
21		of the intent and application of the proposal, to reach
22		agreement on aspects of the proposal, if possible, and to
23		attempt to identify and limit the issues of disagreement among
24		the participants to promote efficient use of time at hearing.
25		No record need be kept of the prehearing conference, nor shall
26		any participant or the Board be bound by any discussions
27		conducted at the prehearing conference. However, with the
28		consent of all participants in the prehearing conference, a
29		prehearing order delineating issues to be heard, agreed facts,
30		and other matters may be entered by the hearing officer. Such
31		an order will not be binding on nonparticipants in the
32		prehearing conference.
33		(Source: P.A. 90-489, eff. 1-1-98; 91-357, eff. 7-29-99;
34		revised 12-6-03.)
35		(415 ILCS 5/55) (from Ch. 111 1/2, par. 1055)

1		Sec. 55. Prohibited activities.
2		(a) No person shall:
3		(1) Cause or allow the open dumping of any used or
4		waste tire.
5		(2) Cause or allow the open burning of any used or
6		waste tire.
7		(3) Except at a tire storage site which contains more
8		than 50 used tires, cause or allow the storage of any used
9		tire unless the tire is altered, reprocessed, converted,
10		covered, or otherwise prevented from accumulating water.
11		(4) Cause or allow the operation of a tire storage site
12		except in compliance with Board regulations.
13		(5) Abandon, dump or dispose of any used or waste tire
14		on private or public property, except in a sanitary
15		landfill approved by the Agency pursuant to regulations
16		adopted by the Board.
17		(6) Fail to submit required reports, tire removal
18		agreements, or Board regulations.
19		(b) (Blank.)
20		(b-1) Beginning January 1, 1995, no person shall knowingly
21		mix any used or waste tire, either whole or cut, with municipal
22		waste, and no owner or operator of a sanitary landfill shall
23		accept any used or waste tire for final disposal; except that
24		used or waste tires, when separated from other waste, may be
25		accepted if: (1) the sanitary landfill provides and maintains a
26		means for shredding, slitting, or chopping whole tires and so
27		treats whole tires and, if approved by the Agency in a permit
28		issued under this Act, uses the used or waste tires for
29		alternative uses, which may include on-site practices such as
30		lining of roadways with tire scraps, alternative daily cover,
31		or use in a leachate collection system or (2) the sanitary
32		landfill, by its notification to the Illinois Industrial
33		Materials Exchange Service, makes available the used or waste
34		tire to an appropriate facility for reuse, reprocessing, or
35		converting, including use as an alternate energy fuel. If,
36		within 30 days after notification to the Illinois Industrial

1		Materials Exchange Service of the availability of waste tires,
2		no specific request for the used or waste tires is received by
3		the sanitary landfill, and the sanitary landfill determines it
4		has no alternative use for those used or waste tires, the
5		sanitary landfill may dispose of slit, chopped, or shredded
6		used or waste tires in the sanitary landfill. In the event the
7		physical condition of a used or waste tire makes shredding,
8		slitting, chopping, reuse, reprocessing, or other alternative
9		use of the used or waste tire impractical or infeasible, then
10		the sanitary landfill, after authorization by the Agency, may
11		accept the used or waste tire for disposal.
12		Sanitary landfills and facilities for reuse, reprocessing,
13		or converting, including use as alternative fuel, shall (i)
14		notify the Illinois Industrial Materials Exchange Service of
15		the availability of and demand for used or waste tires and (ii)
16		consult with the Department of Commerce and Economic
17		Opportunity Community Affairs regarding the status of
18		marketing of waste tires to facilities for reuse.
19		(c) Any person who sells new or used tires at retail or
20		operates a tire storage site or a tire disposal site which
21		contains more than 50 used or waste tires shall give notice of
22		such activity to the Agency. Any person engaging in such
23		activity for the first time after January 1, 1990, shall give
24		notice to the Agency within 30 days after the date of
25		commencement of the activity. The form of such notice shall be
26		specified by the Agency and shall be limited to information
27		regarding the following:
28		(1) the name and address of the owner and operator;
29		(2) the name, address and location of the operation;
30		(3) the type of operations involving used and waste
31		tires (storage, disposal, conversion or processing); and
32		(4) the number of used and waste tires present at the
33		location.
34		(d) Beginning January 1, 1992, no person shall cause or
35		allow the operation of:
36		(1) a tire storage site which contains more than 50

1		used tires, unless the owner or operator, by January 1,
2		1992 (or the January 1 following commencement of operation,
3		whichever is later) and January 1 of each year thereafter,
4		(i) registers the site with the Agency, (ii) certifies to
5		the Agency that the site complies with any applicable
6		standards adopted by the Board pursuant to Section 55.2,
7		(iii) reports to the Agency the number of tires
8		accumulated, the status of vector controls, and the actions
9		taken to handle and process the tires, and (iv) pays the
10		fee required under subsection (b) of Section 55.6; or
11		(2) a tire disposal site, unless the owner or operator
12		(i) has received approval from the Agency after filing a
13		tire removal agreement pursuant to Section 55.4, or (ii)
14		has entered into a written agreement to participate in a
15		consensual removal action under Section 55.3.
16		The Agency shall provide written forms for the annual
17		registration and certification required under this subsection
18		(d).
19		(e) No person shall cause or allow the storage, disposal,
20		treatment or processing of any used or waste tire in violation
21		of any regulation or standard adopted by the Board.
22		(f) No person shall arrange for the transportation of used
23		or waste tires away from the site of generation with a person
24		known to openly dump such tires.
25		(g) No person shall engage in any operation as a used or
26		waste tire transporter except in compliance with Board
27		regulations.
28		(h) No person shall cause or allow the combustion of any
29		used or waste tire in an enclosed device unless a permit has
30		been issued by the Agency authorizing such combustion pursuant
31		to regulations adopted by the Board for the control of air
32		pollution and consistent with the provisions of Section 9.4 of
33		this Act.
34		(i) No person shall cause or allow the use of pesticides to
35		treat tires except as prescribed by Board regulations.
36		(j) No person shall fail to comply with the terms of a tire

1		removal agreement approved by the Agency pursuant to Section
2		55.4.
3		(Source: P.A. 92-574, eff. 6-26-02; 93-32, eff. 6-20-03; 93-52,
4		eff. 6-30-03; revised 12-6-03.)
5		(415 ILCS 5/55.3) (from Ch. 111 1/2, par. 1055.3)
6		Sec. 55.3. (a) Upon finding that an accumulation of used or
7		waste tires creates an immediate danger to health, the Agency
8		may take action pursuant to Section 34 of this Act.
9		(b) Upon making a finding that an accumulation of used or
10		waste tires creates a hazard posing a threat to public health
11		or the environment, the Agency may undertake preventive or
12		corrective action in accordance with this subsection. Such
13		preventive or corrective action may consist of any or all of
14		the following:
15		(1) Treating and handling used or waste tires and other
16		infested materials within the area for control of
17		mosquitoes and other disease vectors.
18		(2) Relocation of ignition sources and any used or
19		waste tires within the area for control and prevention of
20		tire fires.
21		(3) Removal of used and waste tire accumulations from
22		the area.
23		(4) Removal of soil and water contamination related to
24		tire accumulations.
25		(5) Installation of devices to monitor and control
26		groundwater and surface water contamination related to
27		tire accumulations.
28		(6) Such other actions as may be authorized by Board
29		regulations.
30		(c) The Agency may, subject to the availability of
31		appropriated funds, undertake a consensual removal action for
32		the removal of up to 1,000 used or waste tires at no cost to the
33		owner according to the following requirements:
34		(1) Actions under this subsection shall be taken
35		pursuant to a written agreement between the Agency and the

1		owner of the tire accumulation.
2		(2) The written agreement shall at a minimum specify:
3		(i) that the owner relinquishes any claim of an
4		ownership interest in any tires that are removed, or in
5		any proceeds from their sale;
6		(ii) that tires will no longer be allowed to be
7		accumulated at the site;
8		(iii) that the owner will hold harmless the Agency
9		or any employee or contractor utilized by the Agency to
10		effect the removal, for any damage to property incurred
11		during the course of action under this subsection,
12		except for gross negligence or intentional misconduct;
13		and
14		(iv) any conditions upon or assistance required
15		from the owner to assure that the tires are so located
16		or arranged as to facilitate their removal.
17		(3) The Agency may by rule establish conditions and
18		priorities for removal of used and waste tires under this
19		subsection.
20		(4) The Agency shall prescribe the form of written
21		agreements under this subsection.
22		(d) The Agency shall have authority to provide notice to
23		the owner or operator, or both, of a site where used or waste
24		tires are located and to the owner or operator, or both, of the
25		accumulation of tires at the site, whenever the Agency finds
26		that the used or waste tires pose a threat to public health or
27		the environment, or that there is no owner or operator
28		proceeding in accordance with a tire removal agreement approved
29		under Section 55.4.
30		The notice provided by the Agency shall include the
31		identified preventive or corrective action, and shall provide
32		an opportunity for the owner or operator, or both, to perform
33		such action.
34		For sites with more than 250,000 passenger tire
35		equivalents, following the notice provided for by this
36		subsection (d), the Agency may enter into a written

1		reimbursement agreement with the owner or operator of the site.
2		The agreement shall provide a schedule for the owner or
3		operator to reimburse the Agency for costs incurred for
4		preventive or corrective action, which shall not exceed 5 years
5		in length. An owner or operator making payments under a written
6		reimbursement agreement pursuant to this subsection (d) shall
7		not be liable for punitive damages under subsection (h) of this
8		Section.
9		(e) In accordance with constitutional limitations, the
10		Agency shall have authority to enter at all reasonable times
11		upon any private or public property for the purpose of taking
12		whatever preventive or corrective action is necessary and
13		appropriate in accordance with the provisions of this Section,
14		including but not limited to removal, processing or treatment
15		of used or waste tires, whenever the Agency finds that used or
16		waste tires pose a threat to public health or the environment.
17		(f) In undertaking preventive, corrective or consensual
18		removal action under this Section the Agency may consider use
19		of the following: rubber reuse alternatives, shredding or other
20		conversion through use of mobile or fixed facilities, energy
21		recovery through burning or incineration, and landfill
22		disposal. To the extent practicable, the Agency shall consult
23		with the Department of Commerce and Economic Opportunity
24		Community Affairs regarding the availability of alternatives
25		to landfilling used and waste tires, and shall make every
26		reasonable effort to coordinate tire cleanup projects with
27		applicable programs that relate to such alternative practices.
28		(g) Except as otherwise provided in this Section, the owner
29		or operator of any site or accumulation of used or waste tires
30		at which the Agency has undertaken corrective or preventive
31		action under this Section shall be liable for all costs thereof
32		incurred by the State of Illinois, including reasonable costs
33		of collection. Any monies received by the Agency hereunder
34		shall be deposited into the Used Tire Management Fund. The
35		Agency may in its discretion store, dispose of or convey the
36		tires that are removed from an area at which it has undertaken

1		a corrective, preventive or consensual removal action, and may
2		sell or store such tires and other items, including but not
3		limited to rims, that are removed from the area. The net
4		proceeds of any sale shall be credited against the liability
5		incurred by the owner or operator for the costs of any
6		preventive or corrective action.
7		(h) Any person liable to the Agency for costs incurred
8		under subsection (g) of this Section may be liable to the State
9		of Illinois for punitive damages in an amount at least equal
10		to, and not more than 2 times, the costs incurred by the State
11		if such person failed without sufficient cause to take
12		preventive or corrective action pursuant to notice issued under
13		subsection (d) of this Section.
14		(i) There shall be no liability under subsection (g) of
15		this Section for a person otherwise liable who can establish by
16		a preponderance of the evidence that the hazard created by the
17		tires was caused solely by:
18		(1) an act of God;
19		(2) an act of war; or
20		(3) an act or omission of a third party other than an
21		employee or agent, and other than a person whose act or
22		omission occurs in connection with a contractual
23		relationship with the person otherwise liable.
24		For the purposes of this subsection, "contractual
25		relationship" includes, but is not limited to, land contracts,
26		deeds and other instruments transferring title or possession,
27		unless the real property upon which the accumulation is located
28		was acquired by the defendant after the disposal or placement
29		of used or waste tires on, in or at the property and one or more
30		of the following circumstances is also established by a
31		preponderance of the evidence:
32		(A) at the time the defendant acquired the
33		property, the defendant did not know and had no reason
34		to know that any used or waste tires had been disposed
35		of or placed on, in or at the property, and the
36		defendant undertook, at the time of acquisition, all

1		appropriate inquiries into the previous ownership and
2		uses of the property consistent with good commercial or
3		customary practice in an effort to minimize liability;
4		(B) the defendant is a government entity which
5		acquired the property by escheat or through any other
6		involuntary transfer or acquisition, or through the
7		exercise of eminent domain authority by purchase or
8		condemnation; or
9		(C) the defendant acquired the property by
10		inheritance or bequest.
11		(j) Nothing in this Section shall affect or modify the
12		obligations or liability of any person under any other
13		provision of this Act, federal law, or State law, including the
14		common law, for injuries, damages or losses resulting from the
15		circumstances leading to Agency action under this Section.
16		(k) The costs and damages provided for in this Section may
17		be imposed by the Board in an action brought before the Board
18		in accordance with Title VIII of this Act, except that
19		subsection (c) of Section 33 of this Act shall not apply to any
20		such action.
21		(l) The Agency shall, when feasible, consult with the
22		Department of Public Health prior to taking any action to
23		remove or treat an infested tire accumulation for control of
24		mosquitoes or other disease vectors. The Agency may by contract
25		or agreement secure the services of the Department of Public
26		Health, any local public health department, or any other
27		qualified person in treating any such infestation as part of an
28		emergency or preventive action.
29		(m) Neither the State, the Agency, the Board, the Director,
30		nor any State employee shall be liable for any damage or injury
31		arising out of or resulting from any action taken under this
32		Section.
33		(Source: P.A. 92-24, eff. 7-1-01; revised 12-6-03.)
34		(415 ILCS 5/55.6) (from Ch. 111 1/2, par. 1055.6)
35		Sec. 55.6. Used Tire Management Fund.

1		(a) There is hereby created in the State Treasury a special
2		fund to be known as the Used Tire Management Fund. There shall
3		be deposited into the Fund all monies received as (1) recovered
4		costs or proceeds from the sale of used tires under Section
5		55.3 of this Act, (2) repayment of loans from the Used Tire
6		Management Fund, or (3) penalties or punitive damages for
7		violations of this Title, except as provided by subdivision
8		(b)(4) or (b)(4-5) of Section 42.
9		(b) Beginning January 1, 1992, in addition to any other
10		fees required by law, the owner or operator of each site
11		required to be registered under subsection (d) of Section 55
12		shall pay to the Agency an annual fee of $100. Fees collected
13		under this subsection shall be deposited into the Environmental
14		Protection Permit and Inspection Fund.
15		(c) Pursuant to appropriation, monies up to an amount of $2
16		million per fiscal year from the Used Tire Management Fund
17		shall be allocated as follows:
18		(1) 38% shall be available to the Agency for the
19		following purposes, provided that priority shall be given
20		to item (i):
21		(i) To undertake preventive, corrective or removal
22		action as authorized by and in accordance with Section
23		55.3, and to recover costs in accordance with Section
24		55.3.
25		(ii) For the performance of inspection and
26		enforcement activities for used and waste tire sites.
27		(iii) To assist with marketing of used tires by
28		augmenting the operations of an industrial materials
29		exchange service.
30		(iv) To provide financial assistance to units of
31		local government for the performance of inspecting,
32		investigating and enforcement activities pursuant to
33		subsection (r) of Section 4 at used and waste tire
34		sites.
35		(v) To provide financial assistance for used and
36		waste tire collection projects sponsored by local

1		government or not-for-profit corporations.
2		(vi) For the costs of fee collection and
3		administration relating to used and waste tires, and to
4		accomplish such other purposes as are authorized by
5		this Act and regulations thereunder.
6		(2) 23% shall be available to the Department of
7		Commerce and Economic Opportunity Community Affairs for
8		the following purposes, provided that priority shall be
9		given to item (A):
10		(A) To provide grants or loans for the purposes of:
11		(i) assisting units of local government and
12		private industry in the establishment of
13		facilities and programs to collect, process and
14		utilize used and waste tires and tire derived
15		materials;
16		(ii) demonstrating the feasibility of
17		innovative technologies as a means of collecting,
18		storing, processing and utilizing used and waste
19		tires and tire derived materials; and
20		(iii) applying demonstrated technologies as a
21		means of collecting, storing, processing, and
22		utilizing used and waste tires and tire derived
23		materials.
24		(B) To develop educational material for use by
25		officials and the public to better understand and
26		respond to the problems posed by used tires and
27		associated insects.
28		(C) (Blank).
29		(D) To perform such research as the Director deems
30		appropriate to help meet the purposes of this Act.
31		(E) To pay the costs of administration of its
32		activities authorized under this Act.
33		(3) 25% shall be available to the Illinois Department
34		of Public Health for the following purposes:
35		(A) To investigate threats or potential threats to
36		the public health related to mosquitoes and other

1		vectors of disease associated with the improper
2		storage, handling and disposal of tires, improper
3		waste disposal, or natural conditions.
4		(B) To conduct surveillance and monitoring
5		activities for mosquitoes and other arthropod vectors
6		of disease, and surveillance of animals which provide a
7		reservoir for disease-producing organisms.
8		(C) To conduct training activities to promote
9		vector control programs and integrated pest management
10		as defined in the Vector Control Act.
11		(D) To respond to inquiries, investigate
12		complaints, conduct evaluations and provide technical
13		consultation to help reduce or eliminate public health
14		hazards and nuisance conditions associated with
15		mosquitoes and other vectors.
16		(E) To provide financial assistance to units of
17		local government for training, investigation and
18		response to public nuisances associated with
19		mosquitoes and other vectors of disease.
20		(4) 2% shall be available to the Department of
21		Agriculture for its activities under the Illinois
22		Pesticide Act relating to used and waste tires.
23		(5) 2% shall be available to the Pollution Control
24		Board for administration of its activities relating to used
25		and waste tires.
26		(6) 10% shall be available to the Department of Natural
27		Resources for the Illinois Natural History Survey to
28		perform research to study the biology, distribution,
29		population ecology, and biosystematics of tire-breeding
30		arthropods, especially mosquitoes, and the diseases they
31		spread.
32		(d) By January 1, 1998, and biennially thereafter, each
33		State agency receiving an appropriation from the Used Tire
34		Management Fund shall report to the Governor and the General
35		Assembly on its activities relating to the Fund.
36		(e) Any monies appropriated from the Used Tire Management

1		Fund, but not obligated, shall revert to the Fund.
2		(f) In administering the provisions of subdivisions (1),
3		(2) and (3) of subsection (c) of this Section, the Agency, the
4		Department of Commerce and Economic Opportunity Community
5		Affairs, and the Illinois Department of Public Health shall
6		ensure that appropriate funding assistance is provided to any
7		municipality with a population over 1,000,000 or to any
8		sanitary district which serves a population over 1,000,000.
9		(g) Pursuant to appropriation, monies in excess of $2
10		million per fiscal year from the Used Tire Management Fund
11		shall be used as follows:
12		(1) 55% shall be available to the Agency to undertake
13		preventive, corrective or renewed action as authorized by
14		and in accordance with Section 55.3 and to recover costs in
15		accordance with Section 55.3.
16		(2) 45% shall be available to the Department of
17		Commerce and Economic Opportunity Community Affairs to
18		provide grants or loans for the purposes of:
19		(i) assisting units of local government and
20		private industry in the establishment of facilities
21		and programs to collect, process and utilize waste
22		tires and tire derived material;
23		(ii) demonstrating the feasibility of innovative
24		technologies as a means of collecting, storing,
25		processing, and utilizing used and waste tires and tire
26		derived materials; and
27		(iii) applying demonstrated technologies as a
28		means of collecting, storing, processing, and
29		utilizing used and waste tires and tire derived
30		materials.
31		(Source: P.A. 91-856, eff. 6-22-00; 92-16, eff. 6-28-01;
32		revised 12-6-03.)
33		(415 ILCS 5/55.7) (from Ch. 111 1/2, par. 1055.7)
34		Sec. 55.7. The Department of Commerce and Economic
35		Opportunity Community Affairs may adopt regulations as

1		necessary for the administration of the grant and loan programs
2		funded from the Used Tire Management Fund, including but not
3		limited to procedures and criteria for applying for,
4		evaluating, awarding and terminating grants and loans. The
5		Department of Commerce and Economic Opportunity Community
6		Affairs may by rule specify criteria for providing grant
7		assistance rather than loan assistance; such criteria shall
8		promote the expeditious development of alternatives to the
9		disposal of used tires, and the efficient use of monies for
10		assistance. Evaluation criteria may be established by rule,
11		considering such factors as:
12		(1) the likelihood that a proposal will lead to the
13		actual collection and processing of used tires and
14		protection of the environment and public health in
15		furtherance of the purposes of this Act;
16		(2) the feasibility of the proposal;
17		(3) the suitability of the location for the proposed
18		activity;
19		(4) the potential of the proposal for encouraging
20		recycling and reuse of resources; and
21		(5) the potential for development of new technologies
22		consistent with the purposes of this Act.
23		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
24		(415 ILCS 5/58.14)
25		Sec. 58.14. Environmental Remediation Tax Credit review.
26		(a) Prior to applying for the Environmental Remediation Tax
27		Credit under Section 201 of the Illinois Income Tax Act,
28		Remediation Applicants shall first submit to the Agency an
29		application for review of remediation costs. The application
30		and review process shall be conducted in accordance with the
31		requirements of this Section and the rules adopted under
32		subsection (g). A preliminary review of the estimated
33		remediation costs for development and implementation of the
34		Remedial Action Plan may be obtained in accordance with
35		subsection (d).

1		(b) No application for review shall be submitted until a No
2		Further Remediation Letter has been issued by the Agency and
3		recorded in the chain of title for the site in accordance with
4		Section 58.10. The Agency shall review the application to
5		determine whether the costs submitted are remediation costs,
6		and whether the costs incurred are reasonable. The application
7		shall be on forms prescribed and provided by the Agency. At a
8		minimum, the application shall include the following:
9		(1) information identifying the Remediation Applicant
10		and the site for which the tax credit is being sought and
11		the date of acceptance of the site into the Site
12		Remediation Program;
13		(2) a copy of the No Further Remediation Letter with
14		official verification that the letter has been recorded in
15		the chain of title for the site and a demonstration that
16		the site for which the application is submitted is the same
17		site as the one for which the No Further Remediation Letter
18		is issued;
19		(3) a demonstration that the release of the regulated
20		substances of concern for which the No Further Remediation
21		Letter was issued were not caused or contributed to in any
22		material respect by the Remediation Applicant. After the
23		Pollution Control Board rules are adopted pursuant to the
24		Illinois Administrative Procedure Act for the
25		administration and enforcement of Section 58.9 of the
26		Environmental Protection Act, determinations as to credit
27		availability shall be made consistent with those rules;
28		(4) an itemization and documentation, including
29		receipts, of the remediation costs incurred;
30		(5) a demonstration that the costs incurred are
31		remediation costs as defined in this Act and its rules;
32		(6) a demonstration that the costs submitted for review
33		were incurred by the Remediation Applicant who received the
34		No Further Remediation Letter;
35		(7) an application fee in the amount set forth in
36		subsection (e) for each site for which review of

1		remediation costs is requested and, if applicable,
2		certification from the Department of Commerce and Economic
3		Opportunity Community Affairs that the site is located in
4		an enterprise zone;
5		(8) any other information deemed appropriate by the
6		Agency.
7		(c) Within 60 days after receipt by the Agency of an
8		application meeting the requirements of subsection (b), the
9		Agency shall issue a letter to the applicant approving,
10		disapproving, or modifying the remediation costs submitted in
11		the application. If the remediation costs are approved as
12		submitted, the Agency's letter shall state the amount of the
13		remediation costs to be applied toward the Environmental
14		Remediation Tax Credit. If an application is disapproved or
15		approved with modification of remediation costs, the Agency's
16		letter shall set forth the reasons for the disapproval or
17		modification and state the amount of the remediation costs, if
18		any, to be applied toward the Environmental Remediation Tax
19		Credit.
20		If a preliminary review of a budget plan has been obtained
21		under subsection (d), the Remediation Applicant may submit,
22		with the application and supporting documentation under
23		subsection (b), a copy of the Agency's final determination
24		accompanied by a certification that the actual remediation
25		costs incurred for the development and implementation of the
26		Remedial Action Plan are equal to or less than the costs
27		approved in the Agency's final determination on the budget
28		plan. The certification shall be signed by the Remediation
29		Applicant and notarized. Based on that submission, the Agency
30		shall not be required to conduct further review of the costs
31		incurred for development and implementation of the Remedial
32		Action Plan and may approve costs as submitted.
33		Within 35 days after receipt of an Agency letter
34		disapproving or modifying an application for approval of
35		remediation costs, the Remediation Applicant may appeal the
36		Agency's decision to the Board in the manner provided for the

1		review of permits in Section 40 of this Act.
2		(d) (1) A Remediation Applicant may obtain a preliminary
3		review of estimated remediation costs for the development
4		and implementation of the Remedial Action Plan by
5		submitting a budget plan along with the Remedial Action
6		Plan. The budget plan shall be set forth on forms
7		prescribed and provided by the Agency and shall include but
8		shall not be limited to line item estimates of the costs
9		associated with each line item (such as personnel,
10		equipment, and materials) that the Remediation Applicant
11		anticipates will be incurred for the development and
12		implementation of the Remedial Action Plan. The Agency
13		shall review the budget plan along with the Remedial Action
14		Plan to determine whether the estimated costs submitted are
15		remediation costs and whether the costs estimated for the
16		activities are reasonable.
17		(2) If the Remedial Action Plan is amended by the
18		Remediation Applicant or as a result of Agency action, the
19		corresponding budget plan shall be revised accordingly and
20		resubmitted for Agency review.
21		(3) The budget plan shall be accompanied by the
22		applicable fee as set forth in subsection (e).
23		(4) Submittal of a budget plan shall be deemed an
24		automatic 60-day waiver of the Remedial Action Plan review
25		deadlines set forth in this Section and its rules.
26		(5) Within the applicable period of review, the Agency
27		shall issue a letter to the Remediation Applicant
28		approving, disapproving, or modifying the estimated
29		remediation costs submitted in the budget plan. If a budget
30		plan is disapproved or approved with modification of
31		estimated remediation costs, the Agency's letter shall set
32		forth the reasons for the disapproval or modification.
33		(6) Within 35 days after receipt of an Agency letter
34		disapproving or modifying a budget plan, the Remediation
35		Applicant may appeal the Agency's decision to the Board in
36		the manner provided for the review of permits in Section 40

1		of this Act.
2		(e) The fees for reviews conducted under this Section are
3		in addition to any other fees or payments for Agency services
4		rendered pursuant to the Site Remediation Program and shall be
5		as follows:
6		(1) The fee for an application for review of
7		remediation costs shall be $1,000 for each site reviewed.
8		(2) The fee for the review of the budget plan submitted
9		under subsection (d) shall be $500 for each site reviewed.
10		(3) In the case of a Remediation Applicant submitting
11		for review total remediation costs of $100,000 or less for
12		a site located within an enterprise zone (as set forth in
13		paragraph (i) of subsection (l) of Section 201 of the
14		Illinois Income Tax Act), the fee for an application for
15		review of remediation costs shall be $250 for each site
16		reviewed. For those sites, there shall be no fee for review
17		of a budget plan under subsection (d).
18		The application fee shall be made payable to the State of
19		Illinois, for deposit into the Hazardous Waste Fund.
20		Pursuant to appropriation, the Agency shall use the fees
21		collected under this subsection for development and
22		administration of the review program.
23		(f) The Agency shall have the authority to enter into any
24		contracts or agreements that may be necessary to carry out its
25		duties and responsibilities under this Section.
26		(g) Within 6 months after July 21, 1997, the Agency shall
27		propose rules prescribing procedures and standards for its
28		administration of this Section. Within 6 months after receipt
29		of the Agency's proposed rules, the Board shall adopt on second
30		notice, pursuant to Sections 27 and 28 of this Act and the
31		Illinois Administrative Procedure Act, rules that are
32		consistent with this Section. Prior to the effective date of
33		rules adopted under this Section, the Agency may conduct
34		reviews of applications under this Section and the Agency is
35		further authorized to distribute guidance documents on costs
36		that are eligible or ineligible as remediation costs.

1		(Source: P.A. 92-574, eff. 6-26-02; revised 12-6-03.)
2		(415 ILCS 5/58.15)
3		Sec. 58.15. Brownfields Programs.
4		(A) Brownfields Redevelopment Loan Program.
5		(a) The Agency shall establish and administer a revolving
6		loan program to be known as the "Brownfields Redevelopment Loan
7		Program" for the purpose of providing loans to be used for site
8		investigation, site remediation, or both, at brownfields
9		sites. All principal, interest, and penalty payments from loans
10		made under this subsection (A) shall be deposited into the
11		Brownfields Redevelopment Fund and reused in accordance with
12		this Section.
13		(b) General requirements for loans:
14		(1) Loans shall be at or below market interest rates in
15		accordance with a formula set forth in regulations
16		promulgated under subdivision (A)(c) of this subsection
17		(A).
18		(2) Loans shall be awarded subject to availability of
19		funding based on the order of receipt of applications
20		satisfying all requirements as set forth in the regulations
21		promulgated under subdivision (A)(c) of this subsection
22		(A).
23		(3) The maximum loan amount under this subsection (A)
24		for any one project is $1,000,000.
25		(4) In addition to any requirements or conditions
26		placed on loans by regulation, loan agreements under the
27		Brownfields Redevelopment Loan Program shall include the
28		following requirements:
29		(A) the loan recipient shall secure the loan
30		repayment obligation;
31		(B) completion of the loan repayment shall not
32		exceed 15 years or as otherwise prescribed by Agency
33		rule; and
34		(C) loan agreements shall provide for a confession
35		of judgment by the loan recipient upon default.

1		(5) Loans shall not be used to cover expenses incurred
2		prior to the approval of the loan application.
3		(6) If the loan recipient fails to make timely payments
4		or otherwise fails to meet its obligations as provided in
5		this subsection (A) or implementing regulations, the
6		Agency is authorized to pursue the collection of the
7		amounts past due, the outstanding loan balance, and the
8		costs thereby incurred, either pursuant to the Illinois
9		State Collection Act of 1986 or by any other means provided
10		by law, including the taking of title, by foreclosure or
11		otherwise, to any project or other property pledged,
12		mortgaged, encumbered, or otherwise available as security
13		or collateral.
14		(c) The Agency shall have the authority to enter into any
15		contracts or agreements that may be necessary to carry out its
16		duties or responsibilities under this subsection (A). The
17		Agency shall have the authority to promulgate regulations
18		setting forth procedures and criteria for administering the
19		Brownfields Redevelopment Loan Program. The regulations
20		promulgated by the Agency for loans under this subsection (A)
21		shall include, but need not be limited to, the following
22		elements:
23		(1) loan application requirements;
24		(2) determination of credit worthiness of the loan
25		applicant;
26		(3) types of security required for the loan;
27		(4) types of collateral, as necessary, that can be
28		pledged for the loan;
29		(5) special loan terms, as necessary, for securing the
30		repayment of the loan;
31		(6) maximum loan amounts;
32		(7) purposes for which loans are available;
33		(8) application periods and content of applications;
34		(9) procedures for Agency review of loan applications,
35		loan approvals or denials, and loan acceptance by the loan
36		recipient;

1		(10) procedures for establishing interest rates;
2		(11) requirements applicable to disbursement of loans
3		to loan recipients;
4		(12) requirements for securing loan repayment
5		obligations;
6		(13) conditions or circumstances constituting default;
7		(14) procedures for repayment of loans and delinquent
8		loans including, but not limited to, the initiation of
9		principal and interest payments following loan acceptance;
10		(15) loan recipient responsibilities for work
11		schedules, work plans, reports, and record keeping;
12		(16) evaluation of loan recipient performance,
13		including auditing and access to sites and records;
14		(17) requirements applicable to contracting and
15		subcontracting by the loan recipient, including
16		procurement requirements;
17		(18) penalties for noncompliance with loan
18		requirements and conditions, including stop-work orders,
19		termination, and recovery of loan funds; and
20		(19) indemnification of the State of Illinois and the
21		Agency by the loan recipient.
22		(d) Moneys in the Brownfields Redevelopment Fund may be
23		used as a source of revenue or security for the principal and
24		interest on revenue or general obligation bonds issued by the
25		State or any political subdivision or instrumentality thereof,
26		if the proceeds of those bonds will be deposited into the Fund.
27		(B) Brownfields Site Restoration Program.
28		(a) (1) The Agency, with the assistance of the Department
29		of Commerce and Economic Opportunity Community Affairs,
30		must establish and administer a program for the payment of
31		remediation costs to be known as the Brownfields Site
32		Restoration Program. The Agency, through the Program,
33		shall provide Remediation Applicants with financial
34		assistance for the investigation and remediation of
35		abandoned or underutilized properties. The investigation

1		and remediation shall be performed in accordance with this
2		Title XVII of this Act.
3		(2) For each State fiscal year in which funds are made
4		available to the Agency for payment under this subsection
5		(B), the Agency must, subject to the availability of funds,
6		allocate 20% of the funds to be available to Remediation
7		Applicants within counties with populations over
8		2,000,000. The remaining funds must be made available to
9		all other Remediation Applicants in the State.
10		(3) The Agency must not approve payment in excess of
11		$750,000 to a Remediation Applicant for remediation costs
12		incurred at a remediation site. Eligibility must be
13		determined based on a minimum capital investment in the
14		redevelopment of the site, and payment amounts must not
15		exceed the net economic benefit to the State of the
16		remediation project. In addition to these limitations, the
17		total payment to be made to an applicant must not exceed an
18		amount equal to 20% of the capital investment at the site.
19		(4) Only those remediation projects for which a No
20		Further Remediation Letter is issued by the Agency after
21		December 31, 2001 are eligible to participate in the
22		Brownfields Site Restoration Program. The program does not
23		apply to any sites that have received a No Further
24		Remediation Letter prior to December 31, 2001 or for costs
25		incurred prior to the Department of Commerce and Economic
26		Opportunity (formerly Department of Commerce and Community
27		Affairs) approving a site eligible for the Brownfields Site
28		Restoration Program.
29		(5) Brownfields Site Restoration Program funds shall
30		be subject to availability of funding and distributed based
31		on the order of receipt of applications satisfying all
32		requirements as set forth in this Section.
33		(b) Prior to applying to the Agency for payment, a
34		Remediation Applicant shall first submit to the Agency its
35		proposed remediation costs. The Agency shall make a
36		pre-application assessment, which is not to be binding upon the

1		Department of Commerce and Economic Opportunity Community
2		Affairs or upon future review of the project, relating only to
3		whether the Agency has adequate funding to reimburse the
4		applicant for the remediation costs if the applicant is found
5		to be eligible for reimbursement of remediation costs. If the
6		Agency determines that it is likely to have adequate funding to
7		reimburse the applicant for remediation costs, the Remediation
8		Applicant may then submit to the Department of Commerce and
9		Economic Opportunity Community Affairs an application for
10		review of eligibility. The Department must review the
11		eligibility application to determine whether the Remediation
12		Applicant is eligible for the payment. The application must be
13		on forms prescribed and provided by the Department of Commerce
14		and Economic Opportunity Community Affairs. At a minimum, the
15		application must include the following:
16		(1) Information identifying the Remediation Applicant
17		and the site for which the payment is being sought and the
18		date of acceptance into the Site Remediation Program.
19		(2) Information demonstrating that the site for which
20		the payment is being sought is abandoned or underutilized
21		property. "Abandoned property" means real property
22		previously used for, or that has the potential to be used
23		for, commercial or industrial purposes that reverted to the
24		ownership of the State, a county or municipal government,
25		or an agency thereof, through donation, purchase, tax
26		delinquency, foreclosure, default, or settlement,
27		including conveyance by deed in lieu of foreclosure; or
28		privately owned property that has been vacant for a period
29		of not less than 3 years from the time an application is
30		made to the Department of Commerce and Economic Opportunity
31		Community Affairs. "Underutilized property" means real
32		property of which less than 35% of the commercially usable
33		space of the property and improvements thereon are used for
34		their most commercially profitable and economically
35		productive uses.
36		(3) Information demonstrating that remediation of the

1		site for which the payment is being sought will result in a
2		net economic benefit to the State of Illinois. The "net
3		economic benefit" must be determined based on factors
4		including, but not limited to, the capital investment, the
5		number of jobs created, the number of jobs retained if it
6		is demonstrated the jobs would otherwise be lost, capital
7		improvements, the number of construction-related jobs,
8		increased sales, material purchases, other increases in
9		service and operational expenditures, and other factors
10		established by the Department of Commerce and Economic
11		Opportunity Community Affairs. Priority must be given to
12		sites located in areas with high levels of poverty, where
13		the unemployment rate exceeds the State average, where an
14		enterprise zone exists, or where the area is otherwise
15		economically depressed as determined by the Department of
16		Commerce and Economic Opportunity Community Affairs.
17		(4) An application fee in the amount set forth in
18		subdivision (B)(c) for each site for which review of an
19		application is being sought.
20		(c) The fee for eligibility reviews conducted by the
21		Department of Commerce and Economic Opportunity Community
22		Affairs under this subsection (B) is $1,000 for each site
23		reviewed. The application fee must be made payable to the
24		Department of Commerce and Economic Opportunity Community
25		Affairs for deposit into the Workforce, Technology, and
26		Economic Development Fund. These application fees shall be used
27		by the Department for administrative expenses incurred under
28		this subsection (B).
29		(d) Within 60 days after receipt by the Department of
30		Commerce and Economic Opportunity Community Affairs of an
31		application meeting the requirements of subdivision (B)(b),
32		the Department of Commerce and Economic Opportunity Community
33		Affairs must issue a letter to the applicant approving the
34		application, approving the application with modifications, or
35		disapproving the application. If the application is approved or
36		approved with modifications, the Department of Commerce and

1		Economic Opportunity's Community Affairs' letter must also
2		include its determination of the "net economic benefit" of the
3		remediation project and the maximum amount of the payment to be
4		made available to the applicant for remediation costs. The
5		payment by the Agency under this subsection (B) must not exceed
6		the "net economic benefit" of the remediation project, as
7		determined by the Department of Commerce and Economic
8		Opportunity Community Affairs.
9		(e) An application for a review of remediation costs must
10		not be submitted to the Agency unless the Department of
11		Commerce and Economic Opportunity Community Affairs has
12		determined the Remediation Applicant is eligible under
13		subdivision (B)(d). If the Department of Commerce and Economic
14		Opportunity Community Affairs has determined that a
15		Remediation Applicant is eligible under subdivision (B)(d),
16		the Remediation Applicant may submit an application for payment
17		to the Agency under this subsection (B). Except as provided in
18		subdivision (B)(f), an application for review of remediation
19		costs must not be submitted until a No Further Remediation
20		Letter has been issued by the Agency and recorded in the chain
21		of title for the site in accordance with Section 58.10. The
22		Agency must review the application to determine whether the
23		costs submitted are remediation costs and whether the costs
24		incurred are reasonable. The application must be on forms
25		prescribed and provided by the Agency. At a minimum, the
26		application must include the following:
27		(1) Information identifying the Remediation Applicant
28		and the site for which the payment is being sought and the
29		date of acceptance of the site into the Site Remediation
30		Program.
31		(2) A copy of the No Further Remediation Letter with
32		official verification that the letter has been recorded in
33		the chain of title for the site and a demonstration that
34		the site for which the application is submitted is the same
35		site as the one for which the No Further Remediation Letter
36		is issued.

1		(3) A demonstration that the release of the regulated
2		substances of concern for which the No Further Remediation
3		Letter was issued was not caused or contributed to in any
4		material respect by the Remediation Applicant. The Agency
5		must make determinations as to reimbursement availability
6		consistent with rules adopted by the Pollution Control
7		Board for the administration and enforcement of Section
8		58.9 of this Act.
9		(4) A copy of the Department of Commerce and Economic
10		Opportunity's Community Affairs' letter approving
11		eligibility, including the net economic benefit of the
12		remediation project.
13		(5) An itemization and documentation, including
14		receipts, of the remediation costs incurred.
15		(6) A demonstration that the costs incurred are
16		remediation costs as defined in this Act and rules adopted
17		under this Act.
18		(7) A demonstration that the costs submitted for review
19		were incurred by the Remediation Applicant who received the
20		No Further Remediation Letter.
21		(8) An application fee in the amount set forth in
22		subdivision (B)(j) for each site for which review of
23		remediation costs is requested.
24		(9) Any other information deemed appropriate by the
25		Agency.
26		(f) An application for review of remediation costs may be
27		submitted to the Agency prior to the issuance of a No Further
28		Remediation Letter if the Remediation Applicant has a Remedial
29		Action Plan approved by the Agency under the terms of which the
30		Remediation Applicant will remediate groundwater for more than
31		one year. The Agency must review the application to determine
32		whether the costs submitted are remediation costs and whether
33		the costs incurred are reasonable. The application must be on
34		forms prescribed and provided by the Agency. At a minimum, the
35		application must include the following:
36		(1) Information identifying the Remediation Applicant

1		and the site for which the payment is being sought and the
2		date of acceptance of the site into the Site Remediation
3		Program.
4		(2) A copy of the Agency letter approving the Remedial
5		Action Plan.
6		(3) A demonstration that the release of the regulated
7		substances of concern for which the Remedial Action Plan
8		was approved was not caused or contributed to in any
9		material respect by the Remediation Applicant. The Agency
10		must make determinations as to reimbursement availability
11		consistent with rules adopted by the Pollution Control
12		Board for the administration and enforcement of Section
13		58.9 of this Act.
14		(4) A copy of the Department of Commerce and Economic
15		Opportunity's Community Affairs' letter approving
16		eligibility, including the net economic benefit of the
17		remediation project.
18		(5) An itemization and documentation, including
19		receipts, of the remediation costs incurred.
20		(6) A demonstration that the costs incurred are
21		remediation costs as defined in this Act and rules adopted
22		under this Act.
23		(7) A demonstration that the costs submitted for review
24		were incurred by the Remediation Applicant who received
25		approval of the Remediation Action Plan.
26		(8) An application fee in the amount set forth in
27		subdivision (B)(j) for each site for which review of
28		remediation costs is requested.
29		(9) Any other information deemed appropriate by the
30		Agency.
31		(g) For a Remediation Applicant seeking a payment under
32		subdivision (B)(f), until the Agency issues a No Further
33		Remediation Letter for the site, no more than 75% of the
34		allowed payment may be claimed by the Remediation Applicant.
35		The remaining 25% may be claimed following the issuance by the
36		Agency of a No Further Remediation Letter for the site. For a

1		Remediation Applicant seeking a payment under subdivision
2		(B)(e), until the Agency issues a No Further Remediation Letter
3		for the site, no payment may be claimed by the Remediation
4		Applicant.
5		(h) (1) Within 60 days after receipt by the Agency of an
6		application meeting the requirements of subdivision (B)(e)
7		or (B)(f), the Agency must issue a letter to the applicant
8		approving, disapproving, or modifying the remediation
9		costs submitted in the application. If an application is
10		disapproved or approved with modification of remediation
11		costs, then the Agency's letter must set forth the reasons
12		for the disapproval or modification.
13		(2) If a preliminary review of a budget plan has been
14		obtained under subdivision (B)(i), the Remediation
15		Applicant may submit, with the application and supporting
16		documentation under subdivision (B)(e) or (B)(f), a copy of
17		the Agency's final determination accompanied by a
18		certification that the actual remediation costs incurred
19		for the development and implementation of the Remedial
20		Action Plan are equal to or less than the costs approved in
21		the Agency's final determination on the budget plan. The
22		certification must be signed by the Remediation Applicant
23		and notarized. Based on that submission, the Agency is not
24		required to conduct further review of the costs incurred
25		for development and implementation of the Remedial Action
26		Plan and may approve costs as submitted.
27		(3) Within 35 days after receipt of an Agency letter
28		disapproving or modifying an application for approval of
29		remediation costs, the Remediation Applicant may appeal
30		the Agency's decision to the Board in the manner provided
31		for the review of permits in Section 40 of this Act.
32		(i) (1) A Remediation Applicant may obtain a preliminary
33		review of estimated remediation costs for the development
34		and implementation of the Remedial Action Plan by
35		submitting a budget plan along with the Remedial Action
36		Plan. The budget plan must be set forth on forms prescribed

1		and provided by the Agency and must include, but is not
2		limited to, line item estimates of the costs associated
3		with each line item (such as personnel, equipment, and
4		materials) that the Remediation Applicant anticipates will
5		be incurred for the development and implementation of the
6		Remedial Action Plan. The Agency must review the budget
7		plan along with the Remedial Action Plan to determine
8		whether the estimated costs submitted are remediation
9		costs and whether the costs estimated for the activities
10		are reasonable.
11		(2) If the Remedial Action Plan is amended by the
12		Remediation Applicant or as a result of Agency action, the
13		corresponding budget plan must be revised accordingly and
14		resubmitted for Agency review.
15		(3) The budget plan must be accompanied by the
16		applicable fee as set forth in subdivision (B)(j).
17		(4) Submittal of a budget plan must be deemed an
18		automatic 60-day waiver of the Remedial Action Plan review
19		deadlines set forth in this subsection (B) and rules
20		adopted under this subsection (B).
21		(5) Within the applicable period of review, the Agency
22		must issue a letter to the Remediation Applicant approving,
23		disapproving, or modifying the estimated remediation costs
24		submitted in the budget plan. If a budget plan is
25		disapproved or approved with modification of estimated
26		remediation costs, the Agency's letter must set forth the
27		reasons for the disapproval or modification.
28		(6) Within 35 days after receipt of an Agency letter
29		disapproving or modifying a budget plan, the Remediation
30		Applicant may appeal the Agency's decision to the Board in
31		the manner provided for the review of permits in Section 40
32		of this Act.
33		(j) The fees for reviews conducted by the Agency under this
34		subsection (B) are in addition to any other fees or payments
35		for Agency services rendered pursuant to the Site Remediation
36		Program and are as follows:

1		(1) The fee for an application for review of
2		remediation costs is $1,000 for each site reviewed.
3		(2) The fee for the review of the budget plan submitted
4		under subdivision (B)(i) is $500 for each site reviewed.
5		The application fee and the fee for the review of the
6		budget plan must be made payable to the State of Illinois, for
7		deposit into the Brownfields Redevelopment Fund.
8		(k) Moneys in the Brownfields Redevelopment Fund may be
9		used for the purposes of this Section, including payment for
10		the costs of administering this subsection (B). Any moneys
11		remaining in the Brownfields Site Restoration Program Fund on
12		the effective date of this amendatory Act of the 92nd General
13		Assembly shall be transferred to the Brownfields Redevelopment
14		Fund. Total payments made to all Remediation Applicants by the
15		Agency for purposes of this subsection (B) must not exceed
16		$1,000,000 in State fiscal year 2002.
17		(l) The Department and the Agency are authorized to enter
18		into any contracts or agreements that may be necessary to carry
19		out their duties and responsibilities under this subsection
20		(B).
21		(m) Within 6 months after the effective date of this
22		amendatory Act of 2002, the Department of Commerce and
23		Community Affairs (now Department of Commerce and Economic
24		Opportunity) and the Agency must propose rules prescribing
25		procedures and standards for the administration of this
26		subsection (B). Within 9 months after receipt of the proposed
27		rules, the Board shall adopt on second notice, pursuant to
28		Sections 27 and 28 of this Act and the Illinois Administrative
29		Procedures Act, rules that are consistent with this subsection
30		(B). Prior to the effective date of rules adopted under this
31		subsection (B), the Department of Commerce and Community
32		Affairs (now Department of Commerce and Economic Opportunity)
33		and the Agency may conduct reviews of applications under this
34		subsection (B) and the Agency is further authorized to
35		distribute guidance documents on costs that are eligible or
36		ineligible as remediation costs.

1		(Source: P.A. 91-36, eff. 6-15-99; 92-16, eff. 6-28-01; 92-715,
2		eff. 7-23-02; revised 12-6-03.)

3		Section 780. The Solid Waste Planning and Recycling Act is
4		amended by changing Section 3 as follows:
5		(415 ILCS 15/3) (from Ch. 85, par. 5953)
6		Sec. 3. As used in this Act, unless the context clearly
7		indicates otherwise:
8		"Agency" means the Illinois Environmental Protection
9		Agency.
10		"Composting" means the biological process by which
11		microorganisms decompose the organic fraction of waste,
12		producing a humus-like material that may be used as a soil
13		conditioner.
14		"County" means any county of the State and includes the
15		City of Chicago.
16		"Department" means the Department of Commerce and Economic
17		Opportunity Community Affairs.
18		"Municipal waste" means garbage, general household,
19		institutional and commercial waste, industrial lunchroom or
20		office waste, landscape waste, and construction and demolition
21		debris.
22		"Person" means any individual, partnership, cooperative
23		enterprise, unit of local government, institution, corporation
24		or agency, or any other legal entity whatsoever which is
25		recognized by law as the subject of rights and duties.
26		"Recycling, reclamation or reuse" means a method,
27		technique or process designed to remove any contaminant from
28		waste so as to render the waste reusable, or any process by
29		which materials that would otherwise be disposed of or
30		discarded are collected, separated or processed and returned to
31		the economic mainstream in the form of raw materials or
32		products.
33		"Recycling center" means a facility that accepts only
34		segregated, nonhazardous, nonspecial, homogeneous,

1		nonputrescible materials, such as dry paper, glass, cans or
2		plastics, for subsequent use in the secondary materials market.
3		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

4		Section 785. The Illinois Solid Waste Management Act is
5		amended by changing Sections 2.1, 3, 3.1, 5, 6, 6a, and 7 as
6		follows:
7		(415 ILCS 20/2.1) (from Ch. 111 1/2, par. 7052.1)
8		Sec. 2.1. Definitions. When used in this Act, unless the
9		context otherwise requires, the following terms have the
10		meanings ascribed to them in this Section:
11		"Department", when a particular entity is not specified,
12		means (i) in the case of a function to be performed on or after
13		July 1, 1995 (the effective date of the Department of Natural
14		Resources Act), the Department of Commerce and Community
15		Affairs (now Department of Commerce and Economic Opportunity),
16		as successor to the former Department of Energy and Natural
17		Resources under the Department of Natural Resources Act; or
18		(ii) in the case of a function required to be performed before
19		July 1, 1995, the former Illinois Department of Energy and
20		Natural Resources.
21		"Deinked stock" means paper that has been processed to
22		remove inks, clays, coatings, binders and other contaminants.
23		"End product" means only those items that are designed to
24		be used until disposal; items designed to be used in production
25		of a subsequent item are excluded.
26		"High grade printing and writing papers" includes offset
27		printing paper, duplicator paper, writing paper (stationery),
28		office paper, note pads, xerographic paper, envelopes, form
29		bond including computer paper and carbonless forms, book
30		papers, bond papers, ledger paper, book stock and cotton fiber
31		papers.
32		"Paper and paper products" means high grade printing and
33		writing papers, tissue products, newsprint, unbleached
34		packaging and recycled paperboard.

1		"Postconsumer material" means only those products
2		generated by a business or consumer which have served their
3		intended end uses, and which have been separated or diverted
4		from solid waste; wastes generated during production of an end
5		product are excluded.
6		"Recovered paper material" means paper waste generated
7		after the completion of the papermaking process, such as
8		postconsumer materials, envelope cuttings, bindery trimmings,
9		printing waste, cutting and other converting waste, butt rolls,
10		and mill wrappers, obsolete inventories, and rejected unused
11		stock. "Recovered paper material", however, does not include
12		fibrous waste generated during the manufacturing process such
13		as fibers recovered from waste water or trimmings of paper
14		machine rolls (mill broke), or fibrous byproducts of
15		harvesting, extraction or woodcutting processes, or forest
16		residues such as bark.
17		"Recycled paperboard" includes recycled paperboard
18		products, folding cartons and pad backing.
19		"Recycling" means the process by which solid waste is
20		collected, separated and processed for reuse as either a raw
21		material or a product which itself is subject to recycling, but
22		does not include the combustion of waste for energy recovery or
23		volume reduction.
24		"Tissue products" includes toilet tissue, paper towels,
25		paper napkins, facial tissue, paper doilies, industrial
26		wipers, paper bags and brown papers.
27		"Unbleached packaging" includes corrugated and fiber
28		boxes.
29		"USEPA Guidelines for federal procurement" means all
30		minimum recycled content standards recommended by the U.S.
31		Environmental Protection Agency.
32		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
33		(415 ILCS 20/3) (from Ch. 111 1/2, par. 7053)
34		Sec. 3. State agency materials recycling program.
35		(a) All State agencies responsible for the maintenance of

1		public lands in the State shall, to the maximum extent
2		feasible, give due consideration and preference to the use of
3		compost materials in all land maintenance activities which are
4		to be paid with public funds.
5		(b) The Department of Central Management Services, in
6		coordination with the Department of Commerce and Economic
7		Opportunity Community Affairs, shall implement waste reduction
8		programs, including source separation and collection, for
9		office wastepaper, corrugated containers, newsprint and mixed
10		paper, in all State buildings as appropriate and feasible. Such
11		waste reduction programs shall be designed to achieve waste
12		reductions of at least 25% of all such waste by December 31,
13		1995, and at least 50% of all such waste by December 31, 2000.
14		Any source separation and collection program shall include, at
15		a minimum, procedures for collecting and storing recyclable
16		materials, bins or containers for storing materials, and
17		contractual or other arrangements with buyers of recyclable
18		materials. If market conditions so warrant, the Department of
19		Central Management Services, in coordination with the
20		Department of Commerce and Economic Opportunity Community
21		Affairs, may modify programs developed pursuant to this
22		Section.
23		The Department of Commerce and Community Affairs (now
24		Department of Commerce and Economic Opportunity) shall conduct
25		waste categorization studies of all State facilities for
26		calendar years 1991, 1995 and 2000. Such studies shall be
27		designed to assist the Department of Central Management
28		Services to achieve the waste reduction goals established in
29		this subsection.
30		(c) Each State agency shall, upon consultation with the
31		Department of Commerce and Economic Opportunity Community
32		Affairs, periodically review its procurement procedures and
33		specifications related to the purchase of products or supplies.
34		Such procedures and specifications shall be modified as
35		necessary to require the procuring agency to seek out products
36		and supplies that contain recycled materials, and to ensure

1		that purchased products or supplies are reusable, durable or
2		made from recycled materials whenever economically and
3		practically feasible. In choosing among products or supplies
4		that contain recycled material, consideration shall be given to
5		products and supplies with the highest recycled material
6		content that is consistent with the effective and efficient use
7		of the product or supply.
8		(d) Wherever economically and practically feasible, the
9		Department of Central Management Services shall procure
10		recycled paper and paper products as follows:
11		(1) Beginning July 1, 1989, at least 10% of the total
12		dollar value of paper and paper products purchased by the
13		Department of Central Management Services shall be
14		recycled paper and paper products.
15		(2) Beginning July 1, 1992, at least 25% of the total
16		dollar value of paper and paper products purchased by the
17		Department of Central Management Services shall be
18		recycled paper and paper products.
19		(3) Beginning July 1, 1996, at least 40% of the total
20		dollar value of paper and paper products purchased by the
21		Department of Central Management Services shall be
22		recycled paper and paper products.
23		(4) Beginning July 1, 2000, at least 50% of the total
24		dollar value of paper and paper products purchased by the
25		Department of Central Management Services shall be
26		recycled paper and paper products.
27		(e) Paper and paper products purchased from private vendors
28		pursuant to printing contracts are not considered paper
29		products for the purposes of subsection (d). However, the
30		Department of Central Management Services shall report to the
31		General Assembly on an annual basis the total dollar value of
32		printing contracts awarded to private sector vendors that
33		included the use of recycled paper.
34		(f)(1) Wherever economically and practically feasible, the
35		recycled paper and paper products referred to in subsection
36		(d) shall contain postconsumer or recovered paper

1		materials as specified by paper category in this
2		subsection:
3		(i) Recycled high grade printing and writing paper
4		shall contain at least 50% recovered paper material.
5		Such recovered paper material, until July 1, 1994,
6		shall consist of at least 20% deinked stock or
7		postconsumer material; and beginning July 1, 1994,
8		shall consist of at least 25% deinked stock or
9		postconsumer material; and beginning July 1, 1996,
10		shall consist of at least 30% deinked stock or
11		postconsumer material; and beginning July 1, 1998,
12		shall consist of at least 40% deinked stock or
13		postconsumer material; and beginning July 1, 2000,
14		shall consist of at least 50% deinked stock or
15		postconsumer material.
16		(ii) Recycled tissue products, until July 1, 1994,
17		shall contain at least 25% postconsumer material; and
18		beginning July 1, 1994, shall contain at least 30%
19		postconsumer material; and beginning July 1, 1996,
20		shall contain at least 35% postconsumer material; and
21		beginning July 1, 1998, shall contain at least 40%
22		postconsumer material; and beginning July 1, 2000,
23		shall contain at least 45% postconsumer material.
24		(iii) Recycled newsprint, until July 1, 1994,
25		shall contain at least 40% postconsumer material; and
26		beginning July 1, 1994, shall contain at least 50%
27		postconsumer material; and beginning July 1, 1996,
28		shall contain at least 60% postconsumer material; and
29		beginning July 1, 1998, shall contain at least 70%
30		postconsumer material; and beginning July 1, 2000,
31		shall contain at least 80% postconsumer material.
32		(iv) Recycled unbleached packaging, until July 1,
33		1994, shall contain at least 35% postconsumer
34		material; and beginning July 1, 1994, shall contain at
35		least 40% postconsumer material; and beginning July 1,
36		1996, shall contain at least 45% postconsumer

1		material; and beginning July 1, 1998, shall contain at
2		least 50% postconsumer material; and beginning July 1,
3		2000, shall contain at least 55% postconsumer
4		material.
5		(v) Recycled paperboard, until July 1, 1994, shall
6		contain at least 80% postconsumer material; and
7		beginning July 1, 1994, shall contain at least 85%
8		postconsumer material; and beginning July 1, 1996,
9		shall contain at least 90% postconsumer material; and
10		beginning July 1, 1998, shall contain at least 95%
11		postconsumer material.
12		(2) For the purposes of this Section, "postconsumer
13		material" includes:
14		(i) paper, paperboard, and fibrous wastes from
15		retail stores, office buildings, homes, and so forth,
16		after the waste has passed through its end usage as a
17		consumer item, including used corrugated boxes, old
18		newspapers, mixed waste paper, tabulating cards, and
19		used cordage; and
20		(ii) all paper, paperboard, and fibrous wastes
21		that are diverted or separated from the municipal solid
22		waste stream.
23		(3) For the purposes of this Section, "recovered paper
24		material" includes:
25		(i) postconsumer material;
26		(ii) dry paper and paperboard waste generated
27		after completion of the papermaking process (that is,
28		those manufacturing operations up to and including the
29		cutting and trimming of the paper machine reel into
30		smaller rolls or rough sheets), including envelope
31		cuttings, bindery trimmings, and other paper and
32		paperboard waste resulting from printing, cutting,
33		forming, and other converting operations, or from bag,
34		box and carton manufacturing, and butt rolls, mill
35		wrappers, and rejected unused stock; and
36		(iii) finished paper and paperboard from obsolete

1		inventories of paper and paperboard manufacturers,
2		merchants, wholesalers, dealers, printers, converters,
3		or others.
4		(g) The Department of Central Management Services may adopt
5		regulations to carry out the provisions and purposes of this
6		Section.
7		(h) Every State agency shall, in its procurement documents,
8		specify that, whenever economically and practically feasible,
9		a product to be procured must consist, wholly or in part, of
10		recycled materials, or be recyclable or reusable in whole or in
11		part. When applicable, if state guidelines are not already
12		prescribed, State agencies shall follow USEPA guidelines for
13		federal procurement.
14		(i) All State agencies shall cooperate with the Department
15		of Central Management Services in carrying out this Section.
16		The Department of Central Management Services may enter into
17		cooperative purchasing agreements with other governmental
18		units in order to obtain volume discounts, or for other reasons
19		in accordance with the Governmental Joint Purchasing Act, or in
20		accordance with the Intergovernmental Cooperation Act if
21		governmental units of other states or the federal government
22		are involved.
23		(j) The Department of Central Management Services shall
24		submit an annual report to the General Assembly concerning its
25		implementation of the State's collection and recycled paper
26		procurement programs. This report shall include a description
27		of the actions that the Department of Central Management
28		Services has taken in the previous fiscal year to implement
29		this Section. This report shall be submitted on or before
30		November 1 of each year.
31		(k) The Department of Central Management Services, in
32		cooperation with all other appropriate departments and
33		agencies of the State, shall institute whenever economically
34		and practically feasible the use of re-refined motor oil in all
35		State-owned motor vehicles and the use of remanufactured and
36		retread tires whenever such use is practical, beginning no

1		later than July 1, 1992.
2		(l) (Blank).
3		(m) The Department of Central Management Services, in
4		coordination with the Department of Commerce and Community
5		Affairs (now Department of Commerce and Economic Opportunity),
6		shall implement an aluminum can recycling program in all State
7		buildings within 270 days of the effective date of this
8		amendatory Act of 1997. The program shall provide for (1) the
9		collection and storage of used aluminum cans in bins or other
10		appropriate containers made reasonably available to occupants
11		and visitors of State buildings and (2) the sale of used
12		aluminum cans to buyers of recyclable materials.
13		Proceeds from the sale of used aluminum cans shall be
14		deposited into I-CYCLE accounts maintained in the State Surplus
15		Property Revolving Fund and, subject to appropriation, shall be
16		used by the Department of Central Management Services and any
17		other State agency to offset the costs of implementing the
18		aluminum can recycling program under this Section.
19		All State agencies having an aluminum can recycling program
20		in place shall continue with their current plan. If a State
21		agency has an existing recycling program in place, proceeds
22		from the aluminum can recycling program may be retained and
23		distributed pursuant to that program, otherwise all revenue
24		resulting from these programs shall be forwarded to Central
25		Management Services, I-CYCLE for placement into the
26		appropriate account within the State Surplus Property
27		Revolving Fund, minus any operating costs associated with the
28		program.
29		(Source: P.A. 89-445, eff. 2-7-96; 90-180, eff. 7-23-97;
30		90-372, eff. 7-1-98; 90-655, eff. 7-30-98; revised 12-6-03.)
31		(415 ILCS 20/3.1) (from Ch. 111 1/2, par. 7053.1)
32		Sec. 3.1. Institutions of higher learning.
33		(a) For purposes of this Section "State-supported
34		institutions of higher learning" or "institutions" means the
35		University of Illinois, Southern Illinois University, the

1		colleges and universities under the jurisdiction of the Board
2		of Governors of State Colleges and Universities, the colleges
3		and universities under the jurisdiction of the Board of Regents
4		of Regency Universities, and the public community colleges
5		subject to the Public Community College Act.
6		(b) Each State-supported institution of higher learning
7		shall develop a comprehensive waste reduction plan covering a
8		period of 10 years which addresses the management of solid
9		waste generated by academic, administrative, student housing
10		and other institutional functions. The waste reduction plan
11		shall be developed by January 1, 1995. The initial plan
12		required under this Section shall be updated by the institution
13		every 5 years, and any proposed amendments to the plan shall be
14		submitted for review in accordance with subsection (f).
15		(c) Each waste reduction plan shall address, at a minimum,
16		the following topics: existing waste generation by volume,
17		waste composition, existing waste reduction and recycling
18		activities, waste collection and disposal costs, future waste
19		management methods, and specific goals to reduce the amount of
20		waste generated that is subject to landfill disposal.
21		(d) Each waste reduction plan shall provide for recycling
22		of marketable materials currently present in the institution's
23		waste stream, including but not limited to landscape waste,
24		corrugated cardboard, computer paper, and white office paper,
25		and shall provide for the investigation of potential markets
26		for other recyclable materials present in the institution's
27		waste stream. The recycling provisions of the waste reduction
28		plan shall be designed to achieve, by January 1, 2000, at least
29		a 40% reduction (referenced to a base year of 1987) in the
30		amount of solid waste that is generated by the institution and
31		identified in the waste reduction plan as being subject to
32		landfill disposal.
33		(e) Each waste reduction plan shall evaluate the
34		institution's procurement policies and practices to eliminate
35		procedures which discriminate against items with recycled
36		content, and to identify products or items which are procured

1		by the institution on a frequent or repetitive basis for which
2		products with recycled content may be substituted. Each waste
3		reduction plan shall prescribe that it will be the policy of
4		the institution to purchase products with recycled content
5		whenever such products have met specifications and standards of
6		equivalent products which do not contain recycled content.
7		(f) Each waste reduction plan developed in accordance with
8		this Section shall be submitted to the Department of Commerce
9		and Economic Opportunity Community Affairs for review and
10		approval. The Department's review shall be conducted in
11		cooperation with the Board of Higher Education and the Illinois
12		Community College Board.
13		(g) The Department of Commerce and Economic Opportunity
14		Community Affairs shall provide technical assistance,
15		technical materials, workshops and other information necessary
16		to assist in the development and implementation of the waste
17		reduction plans. The Department shall develop guidelines and
18		funding criteria for providing grant assistance to
19		institutions for the implementation of approved waste
20		reduction plans.
21		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
22		(415 ILCS 20/5) (from Ch. 111 1/2, par. 7055)
23		Sec. 5. Informational Clearinghouse. The Department of
24		Commerce and Economic Opportunity Community Affairs, in
25		cooperation with the Environmental Protection Agency, shall
26		maintain a central clearinghouse of information regarding the
27		implementation of this Act. In particular, this clearinghouse
28		shall include data regarding solid waste research and planning,
29		solid waste management practices, markets for recyclable
30		materials and intergovernmental cooperation.
31		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
32		(415 ILCS 20/6) (from Ch. 111 1/2, par. 7056)
33		Sec. 6. The Department of Commerce and Economic Opportunity
34		Community Affairs shall be the lead agency for implementation

1		of this Act and shall have the following powers:
2		(a) To provide technical and educational assistance for
3		applications of technologies and practices which will minimize
4		the land disposal of non-hazardous solid waste; economic
5		feasibility of implementation of solid waste management
6		alternatives; analysis of markets for recyclable materials and
7		energy products; application of the Geographic Information
8		System to provide analysis of natural resource, land use, and
9		environmental impacts; evaluation of financing and ownership
10		options; and evaluation of plans prepared by units of local
11		government pursuant to Section 22.15 of the Environmental
12		Protection Act.
13		(b) To provide technical assistance in siting pollution
14		control facilities, defined as any waste storage site, sanitary
15		landfill, waste disposal site, waste transfer station or waste
16		incinerator.
17		(c) To provide loans or recycling and composting grants to
18		businesses and not-for-profit and governmental organizations
19		for the purposes of increasing the quantity of materials
20		recycled or composted in Illinois; developing and implementing
21		innovative recycling methods and technologies; developing and
22		expanding markets for recyclable materials; and increasing the
23		self-sufficiency of the recycling industry in Illinois. The
24		Department shall work with and coordinate its activities with
25		existing for-profit and not-for-profit collection and
26		recycling systems to encourage orderly growth in the supply of
27		and markets for recycled materials and to assist existing
28		collection and recycling efforts.
29		The Department shall develop a public education program
30		concerning the importance of both composting and recycling in
31		order to preserve landfill space in Illinois.
32		(d) To establish guidelines and funding criteria for the
33		solicitation of projects under this Act, and to receive and
34		evaluate applications for loans or grants for solid waste
35		management projects based upon such guidelines and criteria.
36		Funds may be loaned with or without interest. Loan repayments

1		shall be deposited into the Solid Waste Management Revolving
2		Loan Fund.
3		(e) To support and coordinate solid waste research in
4		Illinois, and to approve the annual solid waste research agenda
5		prepared by the University of Illinois.
6		(f) To provide loans or grants for research, development
7		and demonstration of innovative technologies and practices,
8		including but not limited to pilot programs for collection and
9		disposal of household wastes.
10		(g) To promulgate such rules and regulations as are
11		necessary to carry out the purposes of subsections (c), (d) and
12		(f) of this Section.
13		(h) To cooperate with the Environmental Protection Agency
14		for the purposes specified herein.
15		There is hereby created the Solid Waste Management
16		Revolving Loan Fund, a special fund in the State Treasury,
17		hereinafter referred to as the "Fund". The Department is
18		authorized to accept any and all grants, repayments of interest
19		and principal on loans, matching funds, reimbursements,
20		appropriations, income derived from investments, or other
21		things of value from the federal or state governments or from
22		any institution, person, partnership, joint venture,
23		corporation, public or private, for deposit in the Fund. Any
24		moneys collected as a result of foreclosures of loans or other
25		financing agreements, or the violation of any terms thereof,
26		shall also be deposited in the Fund.
27		The Department is authorized to use moneys deposited in the
28		Fund, subject to appropriation, expressly for the purpose of
29		implementing a revolving loan program according to procedures
30		established pursuant to this Act. Moneys in the Fund shall be
31		used by the Department for the purpose of financing additional
32		projects and for the Department's administrative expenses
33		related thereto.
34		(Source: P.A. 88-681, eff. 12-22-94; 89-445, eff. 2-7-96;
35		revised 12-6-03.)

1		(415 ILCS 20/6a) (from Ch. 111 1/2, par. 7056a)
2		Sec. 6a. The Department of Commerce and Economic
3		Opportunity Community Affairs shall:
4		(1) Work with nationally based consumer groups and trade
5		associations to develop nationally recognized logos which may
6		be used to indicate whether a container is recyclable, made of
7		recycled materials, or both.
8		(2) Work with nationally based consumer groups and trade
9		associations to develop nationally recognized criteria for
10		determining under what conditions the logos may be used.
11		(3) Develop and conduct a public education and awareness
12		campaign to encourage the public to look for and buy products
13		in containers which are recyclable or made of recycled
14		materials.
15		(4) Develop and prepare educational materials describing
16		the benefits and methods of recycling for distribution to
17		elementary schools in Illinois.
18		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
19		(415 ILCS 20/7) (from Ch. 111 1/2, par. 7057)
20		Sec. 7. It is the intent of this Act to provide the
21		framework for a comprehensive solid waste management program in
22		Illinois.
23		The Department shall prepare and submit to the Governor and
24		the General Assembly on or before January 1, 1992, a report
25		evaluating the effectiveness of the programs provided under
26		this Act and Section 22.14 of the Environmental Protection Act;
27		assessing the need for a continuation of existing programs,
28		development and implementation of new programs and appropriate
29		funding mechanisms; and recommending legislative and
30		administrative action to fully implement a comprehensive solid
31		waste management program in Illinois.
32		The Department shall investigate the suitability and
33		advisability of providing tax incentives for Illinois
34		businesses to use recycled products and purchase or lease
35		recycling equipment, and shall report to the Governor and the

1		General Assembly by January 1, 1987, on the results of this
2		investigation.
3		By July 1, 1989, the Department shall submit to the
4		Governor and members of the General Assembly a waste reduction
5		report:
6		(a) that describes various mechanisms that could be
7		utilized to stimulate and enhance the reduction of
8		industrial and post-consumer waste in the State, including
9		their advantages and disadvantages. The mechanisms to be
10		analyzed shall include, but not be limited to, incentives
11		for prolonging product life, methods for ensuring product
12		recyclability, taxes for excessive packaging, tax
13		incentives, prohibitions on the use of certain products,
14		and performance standards for products; and
15		(b) that includes specific recommendations to
16		stimulate and enhance waste reduction in the industrial and
17		consumer sector, including, but not limited to,
18		legislation, financial incentives and disincentives, and
19		public education.
20		The Department of Commerce and Economic Opportunity
21		Community Affairs, with the cooperation of the State Board of
22		Education, the Illinois Environmental Protection Agency, and
23		others as needed, shall develop, coordinate and conduct an
24		education program for solid waste management and recycling. The
25		program shall include, but not be limited to, education for the
26		general public, businesses, government, educators and
27		students.
28		The education program shall address, at a minimum, the
29		following topics: the solid waste management alternatives of
30		recycling, composting, and source reduction; resource
31		allocation and depletion; solid waste planning; reuse of
32		materials; pollution prevention; and household hazardous
33		waste.
34		The Department of Commerce and Economic Opportunity
35		Community Affairs shall cooperate with municipal and county
36		governments, regional school superintendents, education

1		service centers, local school districts, and planning agencies
2		and committees to coordinate local and regional education
3		programs and workshops and to expedite the exchange of
4		technical information.
5		By March 1, 1989, the Department shall prepare a report on
6		strategies for distributing and marketing landscape waste
7		compost from centralized composting sites operated by units of
8		local government. The report shall, at a minimum, evaluate the
9		effects of product quality, assured supply, cost and public
10		education on the availability of compost, free delivery, and
11		public sales composting program. The evaluation of public sales
12		programs shall focus on direct retail sale of bagged compost at
13		the site or special distribution centers and bulk sale of
14		finished compost to wholesalers for resale.
15		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

16		Section 790. The Illinois Groundwater Protection Act is
17		amended by changing Section 4 as follows:
18		(415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
19		Sec. 4. (a) There shall be established within State
20		government an interagency committee which shall be known as the
21		Interagency Coordinating Committee on Groundwater. The
22		Committee shall be composed of the Director, or his designee,
23		of the following agencies:
24		(1) The Illinois Environmental Protection Agency, who
25		shall chair the Committee.
26		(2) The Illinois Department of Natural Resources.
27		(3) The Illinois Department of Public Health.
28		(4) The Office of Mines and Minerals within the
29		Department of Natural Resources.
30		(5) The Office of the State Fire Marshal.
31		(6) The Division of Water Resources of the Department
32		of Natural Resources.
33		(7) The Illinois Department of Agriculture.
34		(8) The Illinois Emergency Management Agency.

1		(9) The Illinois Department of Nuclear Safety.
2		(10) The Illinois Department of Commerce and Economic
3		Opportunity Community Affairs.
4		(b) The Committee shall meet not less than twice each
5		calendar year and shall:
6		(1) Review and coordinate the State's policy on
7		groundwater protection.
8		(2) Review and evaluate State laws, regulations and
9		procedures that relate to groundwater protection.
10		(3) Review and evaluate the status of the State's
11		efforts to improve the quality of the groundwater and of
12		the State enforcement efforts for protection of the
13		groundwater and make recommendations on improving the
14		State efforts to protect the groundwater.
15		(4) Recommend procedures for better coordination among
16		State groundwater programs and with local programs related
17		to groundwater protection.
18		(5) Review and recommend procedures to coordinate the
19		State's response to specific incidents of groundwater
20		pollution and coordinate dissemination of information
21		between agencies responsible for the State's response.
22		(6) Make recommendations for and prioritize the
23		State's groundwater research needs.
24		(7) Review, coordinate and evaluate groundwater data
25		collection and analysis.
26		(8) Beginning on January 1, 1990, report biennially to
27		the Governor and the General Assembly on groundwater
28		quality, quantity, and the State's enforcement efforts.
29		(c) The Chairman of the Committee shall propose a
30		groundwater protection regulatory agenda for consideration by
31		the Committee and the Council. The principal purpose of the
32		agenda shall be to systematically consider the groundwater
33		protection aspects of relevant federal and State regulatory
34		programs and to identify any areas where improvements may be
35		warranted. To the extent feasible, the agenda may also serve to
36		facilitate a more uniform and coordinated approach toward

1		protection of groundwaters in Illinois. Upon adoption of the
2		final agenda by the Committee, the Chairman of the Committee
3		shall assign a lead agency and any support agencies to prepare
4		a regulatory assessment report for each item on the agenda.
5		Each regulatory assessment report shall specify the nature of
6		the groundwater protection provisions being implemented and
7		shall evaluate the results achieved therefrom. Special
8		attention shall be given to any preventive measures being
9		utilized for protection of groundwaters. The reports shall be
10		completed in a timely manner. After review and consideration by
11		the Committee, the reports shall become the basis for
12		recommending further legislative or regulatory action.
13		(d) No later than January 1, 1992, the Interagency
14		Coordinating Committee on Groundwater shall provide a
15		comprehensive status report to the Governor and the General
16		Assembly concerning implementation of this Act.
17		(e) The Committee shall consider findings and
18		recommendations that are provided by the Council, and respond
19		in writing regarding such matters. The Chairman of the
20		Committee shall designate a liaison person to serve as a
21		facilitator of communications with the Council.
22		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

23		Section 795. The Degradable Plastic Act is amended by
24		changing Section 2 as follows:
25		(415 ILCS 80/2) (from Ch. 111 1/2, par. 7902)
26		Sec. 2. Definitions. As used in this Act, the following
27		terms shall have the meanings indicated, unless the context
28		otherwise requires:
29		"Agency" means the Illinois Environmental Protection
30		Agency.
31		"Department" means the Department of Commerce and Economic
32		Opportunity Community Affairs.
33		"Degradable" means capable of disintegrating, by naturally
34		occurring biological or physical processes in the environment

1		within a period of 3 years after disposal, into fragments that
2		are small relative to the original size, or into particles of a
3		molecular weight that is low when compared to the molecular
4		weight of the original material.
5		"Plastic container" means a package, bag, bottle, cup,
6		wrapping, blister-pack or other device that is made of plastic,
7		plastic-coated paper, or other synthetic polymeric material,
8		and is used to contain or protect merchandise ultimately
9		intended for retail sale, or to contain waste for disposal.
10		"Recyclable plastic container" means a container composed
11		entirely (exclusive of any readily detachable lid, closure,
12		handle or label) of one type of plastic for which the
13		Department finds that there exists an effective recycling
14		market in this State.
15		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

16		Section 800. The Recycled Newsprint Use Act is amended by
17		changing Section 2002.50 as follows:
18		(415 ILCS 110/2002.50) (from Ch. 96 1/2, par. 9752.50)
19		Sec. 2002.50. "Department" means the Department of
20		Commerce and Economic Opportunity Community Affairs.
21		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

22		Section 805. The Alternate Fuels Act is amended by changing
23		Sections 15, 21, 25, 31, 32, and 40 as follows:
24		(415 ILCS 120/15)
25		Sec. 15. Rulemaking. The Agency shall promulgate rules and
26		dedicate sufficient resources to implement the purposes of
27		Section 30 of this Act. Such rules shall be consistent with the
28		provisions of the Clean Air Act Amendments of 1990 and any
29		regulations promulgated pursuant thereto. The Secretary of
30		State may promulgate rules to implement Section 35 of this Act.
31		The Department of Commerce and Economic Opportunity Community
32		Affairs may promulgate rules to implement Section 25 of this

1		Act.
2		(Source: P.A. 89-410; 90-726, eff. 8-7-98; revised 12-6-03.)
3		(415 ILCS 120/21)
4		Sec. 21. Alternate Fuel Infrastructure Advisory Board. The
5		Governor shall appoint an Alternate Fuel Infrastructure
6		Advisory Board. The Advisory Board shall be chaired by the
7		Director of the Department of Commerce and Economic Opportunity
8		Community Affairs, who may be represented at all meetings by a
9		designee. Other members appointed by the Governor shall consist
10		of one representative from the ethanol industry, one
11		representative from the natural gas industry, one
12		representative from the auto manufacturing industry, one
13		representative from the liquid petroleum gas industry, one
14		representative from the Agency, one representative from the
15		heavy duty engine manufacturing industry, one representative
16		from Illinois private fleet operators, and one representative
17		of local government from the Chicago nonattainment area.
18		The Advisory Board shall (1) prepare and recommend to the
19		Department of Commerce and Economic Opportunity (formerly
20		Department of Commerce and Community Affairs) a program
21		implementing Section 31 of this Act and (2) recommend criteria
22		and procedures to be followed in awarding grants.
23		Members of the Advisory Board shall not be reimbursed their
24		costs and expenses of participation. All decisions of the
25		Advisory Board shall be decided on a one vote per member basis
26		with a majority of the Advisory Board membership to rule.
27		(Source: P.A. 92-858, eff. 1-3-03; revised 12-6-03.)
28		(415 ILCS 120/25)
29		Sec. 25. Ethanol fuel research program. The Department of
30		Commerce and Economic Opportunity Community Affairs shall
31		administer a research program to reduce the costs of producing
32		ethanol fuels and increase the viability of ethanol fuels, new
33		ethanol engine technologies, and ethanol refueling
34		infrastructure. This research shall be funded from the

1		Alternate Fuels Fund. The research program shall remain in
2		effect, subject to appropriation after calendar year 2004, or
3		until funds are no longer available.
4		(Source: P.A. 91-357, eff. 7-29-99; 92-858, eff. 1-3-03;
5		revised 12-6-03.)
6		(415 ILCS 120/31)
7		Sec. 31. Alternate Fuel Infrastructure Program. Subject to
8		appropriation, the Department of Commerce and Community
9		Affairs (now Department of Commerce and Economic
10		Opportunity)shall establish a grant program to provide funding
11		for the building of E85 blend, propane, and compressed natural
12		gas (CNG) fueling facilities, including private on-site
13		fueling facilities, to be built within the covered area or in
14		Illinois metropolitan areas over 100,000 in population. The
15		Department of Commerce and Economic Opportunity Community
16		Affairs shall be responsible for reviewing the proposals and
17		awarding the grants.
18		(Source: P.A. 92-858, eff. 1-3-03; revised 12-6-03.)
19		(415 ILCS 120/32)
20		Sec. 32. Clean Fuel Education Program. Subject to
21		appropriation, the Department of Commerce and Economic
22		Opportunity Community Affairs, in cooperation with the Agency
23		and Chicago Area Clean Cities, shall administer the Clean Fuel
24		Education Program, the purpose of which is to educate fleet
25		administrators and Illinois' citizens about the benefits of
26		using alternate fuels. The program shall include a media
27		campaign.
28		(Source: P.A. 92-858, eff. 1-3-03; revised 12-6-03.)
29		(415 ILCS 120/40)
30		Sec. 40. Appropriations from the Alternate Fuels Fund.
31		(a) User Fees Funds. The Agency shall estimate the amount
32		of user fees expected to be collected under Section 35 of this
33		Act for each fiscal year. User fee funds shall be deposited

1		into and distributed from the Alternate Fuels Fund in the
2		following manner:
3		(1) In each of fiscal years 1999, 2000, 2001, 2002, and
4		2003, an amount not to exceed $200,000, and beginning in
5		fiscal year 2004 an annual amount not to exceed $225,000,
6		may be appropriated to the Agency from the Alternate Fuels
7		Fund to pay its costs of administering the programs
8		authorized by Section 30 of this Act. Up to $200,000 may be
9		appropriated to the Office of the Secretary of State in
10		each of fiscal years 1999, 2000, 2001, 2002, and 2003 from
11		the Alternate Fuels Fund to pay the Secretary of State's
12		costs of administering the programs authorized under this
13		Act. Beginning in fiscal year 2004 and in each fiscal year
14		thereafter, an amount not to exceed $225,000 may be
15		appropriated to the Secretary of State from the Alternate
16		Fuels Fund to pay the Secretary of State's costs of
17		administering the programs authorized under this Act.
18		(2) In fiscal years 1999, 2000, 2001, and 2002, after
19		appropriation of the amounts authorized by item (1) of
20		subsection (a) of this Section, the remaining moneys
21		estimated to be collected during each fiscal year shall be
22		appropriated as follows: 80% of the remaining moneys shall
23		be appropriated to fund the programs authorized by Section
24		30, and 20% shall be appropriated to fund the programs
25		authorized by Section 25. In fiscal year 2004 and each
26		fiscal year thereafter, after appropriation of the amounts
27		authorized by item (1) of subsection (a) of this Section,
28		the remaining moneys estimated to be collected during each
29		fiscal year shall be appropriated as follows: 70% of the
30		remaining moneys shall be appropriated to fund the programs
31		authorized by Section 30 and 30% shall be appropriated to
32		fund the programs authorized by Section 31.
33		(3) (Blank).
34		(4) Moneys appropriated to fund the programs
35		authorized in Sections 25 and 30 shall be expended only
36		after they have been collected and deposited into the

1		Alternate Fuels Fund.
2		(b) General Revenue Fund Appropriations. General Revenue
3		Fund amounts appropriated to and deposited into the Alternate
4		Fuels Fund shall be distributed from the Alternate Fuels Fund
5		in the following manner:
6		(1) In each of fiscal years 2003 and 2004, an amount
7		not to exceed $50,000 may be appropriated to the Department
8		of Commerce and Community Affairs (now Department of
9		Commerce and Economic Opportunity) from the Alternate
10		Fuels Fund to pay its costs of administering the programs
11		authorized by Sections 31 and 32.
12		(2) In each of fiscal years 2003 and 2004, an amount
13		not to exceed $50,000 may be appropriated to the Department
14		of Commerce and Community Affairs (now Department of
15		Commerce and Economic Opportunity) to fund the programs
16		authorized by Section 32.
17		(3) In each of fiscal years 2003 and 2004, after
18		appropriation of the amounts authorized in items (1) and
19		(2) of subsection (b) of this Section, the remaining moneys
20		received from the General Revenue Fund shall be
21		appropriated as follows: 52.632% of the remaining moneys
22		shall be appropriated to fund the programs authorized by
23		Sections 25 and 30 and 47.368% of the remaining moneys
24		shall be appropriated to fund the programs authorized by
25		Section 31. The moneys appropriated to fund the programs
26		authorized by Sections 25 and 30 shall be used as follows:
27		20% shall be used to fund the programs authorized by
28		Section 25, and 80% shall be used to fund the programs
29		authorized by Section 30.
30		Moneys appropriated to fund the programs authorized in
31		Section 31 shall be expended only after they have been
32		deposited into the Alternate Fuels Fund.
33		(Source: P.A. 92-858, eff. 1-3-03; 93-32, eff. 7-1-03; revised
34		12-6-03.)

35

Section 810. The Interstate Ozone Transport Oversight Act

1		is amended by changing Section 20 as follows:
2		(415 ILCS 130/20)
3		Sec. 20. Legislative referral and public hearings.
4		(a) Not later than 10 days after the development of any
5		proposed memorandum of understanding by the Ozone Transport
6		Assessment Group potentially requiring the State of Illinois to
7		undertake emission reductions in addition to those specified by
8		the Clean Air Act Amendments of 1990, or subsequent to the
9		issuance of a request made by the United States Environmental
10		Protection Agency on or after June 1, 1997 for submission of a
11		State Implementation Plan for Illinois relating to ozone
12		attainment and before submission of the Plan, the Director
13		shall submit the proposed memorandum of understanding or State
14		Implementation Plan to the House Committee and the Senate
15		Committee for their consideration. At that time, the Director
16		shall also submit information detailing any alternate
17		strategies.
18		(b) To assist the legislative review required by this Act,
19		the Department of Natural Resources and the Department of
20		Commerce and Economic Opportunity Community Affairs shall
21		conduct a joint study of the impacts on the State's economy
22		which may result from implementation of the emission reduction
23		strategies contained within any proposed memorandum of
24		understanding or State Implementation Plan relating to ozone
25		and from implementation of any alternate strategies. The study
26		shall include, but not be limited to, the impacts on economic
27		development, employment, utility costs and rates, personal
28		income, and industrial competitiveness which may result from
29		implementation of the emission reduction strategies contained
30		within any proposed memorandum of agreement or State
31		Implementation Plan relating to ozone and from implementation
32		of any alternate strategies. The study shall be submitted to
33		the House Committee and Senate Committee not less than 10 days
34		prior to any scheduled hearing conducted pursuant to subsection
35		(c) of this Section.

1		(c) Upon receipt of the information required by subsections
2		(a) and (b) of this Section, the House Committee and Senate
3		Committee shall each convene one or more public hearings to
4		receive comments from agencies of government and other
5		interested parties on the memorandum of understanding's or
6		State Implementation Plan's prospective economic and
7		environmental impacts, including its impacts on energy use,
8		economic development, utility costs and rates, and
9		competitiveness. Additionally, comments shall be received on
10		the prospective economic and environmental impacts, including
11		impacts on energy use, economic development, utility costs and
12		rates, and competitiveness, which may result from
13		implementation of any alternate strategies.
14		(Source: P.A. 89-566, eff. 7-26-96; 90-500, eff. 8-19-97;
15		revised 12-6-03.)

16		Section 815. The Illinois Poison Prevention Packaging Act
17		is amended by changing Section 6 as follows:
18		(430 ILCS 40/6) (from Ch. 111 1/2, par. 296)
19		Sec. 6. (a) For the purpose of assisting in carrying out
20		the purposes of this Act, the Director may appoint a technical
21		advisory committee, designating a member thereof to be a
22		chairman, composed of not more than 18 members who are
23		representative of (1) the Department of Public Health, (2) the
24		Department of Commerce and Economic Opportunity Community
25		Affairs, (3) manufacturers of household substances subject to
26		this Act, (4) scientists with expertise related to this Act and
27		licensed practitioners in the medical field, (5) consumers, and
28		(6) manufacturers of packages and closures for household
29		substances. The Director may consult with the technical
30		advisory committee in making findings and in establishing
31		standards pursuant to this Act.
32		(b) Members of the technical advisory committee who are not
33		regular full-time employees of the State of Illinois shall,
34		while attending meetings of such committee, be entitled to

1		receive compensation at a rate fixed by the Director, but not
2		exceeding $100 per diem, including travel time, and while so
3		serving away from their homes or regular places of business,
4		they may be allowed travel expenses.
5		(Source: P.A. 81-1509; revised 12-6-03.)

6		Section 820. The Agricultural Areas Conservation and
7		Protection Act is amended by changing Section 20.1 as follows:
8		(505 ILCS 5/20.1) (from Ch. 5, par. 1020.1)
9		Sec. 20.1. Report to General Assembly and State Agencies.
10		The Department of Agriculture shall make an annual report to
11		the General Assembly on the location and size of all
12		agricultural areas created or dissolved during the past year
13		and of any other alterations of agricultural areas. For the
14		purpose of planning project alternatives, the Department of
15		Agriculture shall provide a description of all agricultural
16		areas to the following agencies and shall notify the following
17		agencies of the creation, alteration, or dissolution of
18		agricultural areas: the Governor's Office of Management and
19		Budget Bureau of the Budget, the Department of Natural
20		Resources, the Illinois Commerce Commission, the Department of
21		Commerce and Economic Opportunity Community Affairs, the
22		Environmental Protection Agency, the Capital Development
23		Board, and the Department of Transportation.
24		(Source: P.A. 89-445, eff. 2-7-96; revised 8-23-03.)

25		Section 825. The County Cooperative Extension Law is
26		amended by changing Section 2b as follows:
27		(505 ILCS 45/2b) (from Ch. 5, par. 242b)
28		Sec. 2b. The Cooperative Extension Service of the
29		University of Illinois shall establish a Rural Transition
30		Program to be operated in cooperation with the Department of
31		Commerce and Economic Opportunity Community Affairs to provide
32		assessments, career counseling, on-the-job training, tuition

1		reimbursements, classroom training, financial management
2		training, work experience opportunities, job search skills,
3		job placement, youth programs, and support service to farmers
4		and their families, agriculture-related employees, other rural
5		residents, and small rural businesses who are being forced out
6		of farming or other primary means of employment or whose
7		standard of living or employment has been reduced because of
8		prevailing economic conditions in the agricultural or rural
9		economy. Eligible farmers and their families shall include
10		those who can demonstrate proof of financial stress, proof of
11		foreclosure, proof of bankruptcy, proof of inability to secure
12		needed capital, proof of voluntary foreclosure or proof of
13		income eligibility for assistance programs administered by the
14		Department of Human Services (acting as successor to the
15		Department of Public Aid under the Department of Human Services
16		Act). Eligible agriculture related employees shall mean tenant
17		farmers or other farm employees and employees of businesses
18		related to agricultural production who are facing
19		displacement, unemployment or underemployment due to a closure
20		or reduction in operation of such business or farm due to poor
21		economic conditions that prevail in the agricultural or rural
22		economy. Other eligible rural residents shall include those
23		residing in rural areas whose employment or standard of living
24		has been reduced due to the poor economic conditions that
25		prevail in the agricultural or rural economy. Eligible small
26		rural businesses shall include those existing or new businesses
27		established and operating in rural areas that lack access to
28		other sources of services provided by this Section. In carrying
29		out the provisions of this Section, the Cooperative Extension
30		Service may enter into agreements with the Department of
31		Commerce and Community Affairs, community colleges, vocational
32		schools, and any other State or local private or public agency
33		or entity deemed necessary.
34		(Source: P.A. 89-507, eff. 7-1-97; revised 12-6-03.)

35

Section 830. The Farmland Preservation Act is amended by

1		changing Section 3 as follows:
2		(505 ILCS 75/3) (from Ch. 5, par. 1303)
3		Sec. 3. An Inter-Agency Committee on Farmland Preservation
4		is created. The Directors or Chairpersons of the following
5		agencies, or their representatives, shall serve as members of
6		the Committee:
7		(a) the Capital Development Board;
8		(b) the Department of Natural Resources;
9		(c) the Department of Commerce and Economic Opportunity
10		Community Affairs;
11		(d) the Environmental Protection Agency;
12		(e) the Department of Transportation;
13		(f) the Governor's Office of Management and Budget Bureau
14		of the Budget;
15		(g) the Illinois Commerce Commission; and
16		(h) the Department of Agriculture.
17		The Director of the Department of Agriculture, or his
18		representative, shall serve as chairman.
19		(Source: P.A. 89-445, eff. 2-7-96; revised 8-23-03.)

20		Section 835. The Illinois Forestry Development Act is
21		amended by changing Section 6a as follows:
22		(525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
23		(Section scheduled to be repealed on December 31, 2008)
24		Sec. 6a. Illinois Forestry Development Council.
25		(a) The Illinois Forestry Development Council is hereby
26		re-created by this amendatory Act of the 91st General Assembly.
27		(b) The Council shall consist of 24 members appointed as
28		follows:
29		(1) four members of the General Assembly, one appointed
30		by the President of the Senate, one appointed by the Senate
31		Minority Leader, one appointed by the Speaker of the House
32		of Representatives, and one appointed by the House Minority
33		Leader;

1		(2) one member appointed by the Governor to represent
2		the Governor;
3		(3) the Directors of the Departments of Natural
4		Resources, Agriculture, and Commerce and Economic
5		Opportunity Community Affairs, the Executive Director of
6		the Illinois Finance Authority, and the Director of the
7		Office of Rural Affairs, or their designees;
8		(4) the chairman of the Department of Forestry or a
9		forestry academician, appointed by the Dean of Agriculture
10		at Southern Illinois University at Carbondale;
11		(5) the head of the Department of Natural Resources and
12		Environmental Sciences or a forestry academician,
13		appointed by the Dean of Agriculture at the University of
14		Illinois;
15		(6) two members, appointed by the Governor, who shall
16		be private timber growers;
17		(7) one member, appointed by the president of the
18		Illinois Wood Products Association, who shall be involved
19		in primary forestry industry;
20		(8) one member, appointed by the president of the
21		Illinois Wood Products Association, who shall be involved
22		in secondary forestry industry;
23		(9) one member who is actively involved in
24		environmental issues, appointed by the Governor;
25		(10) the president of the Association of Illinois Soil
26		and Water Conservation Districts;
27		(11) two persons who are actively engaged in farming,
28		appointed by the Governor;
29		(12) one member, appointed by the Governor, whose
30		primary area of expertise is urban forestry;
31		(13) one member appointed by the President of the
32		Illinois Arborists Association;
33		(14) the Supervisor of the Shawnee National Forest and
34		the United States Department of Agriculture Natural
35		Resource Conservation Service's State Conservationist, ex
36		officio, or their designees.

1		(c) Members of the Council shall serve without compensation
2		but shall be reimbursed for actual expenses incurred in the
3		performance of their duties which are not otherwise reimbursed.
4		(d) The Council shall select from its membership a
5		chairperson and such other officers as it considers necessary.
6		(e) Other individuals, agencies and organizations may be
7		invited to participate as deemed advisable by the Council.
8		(f) The Council shall study and evaluate the forestry
9		resources and forestry industry of Illinois. The Council shall:
10		(1) determine the magnitude, nature and extent of the
11		State's forestry resources;
12		(2) determine current uses and project future demand
13		for forest products, services and benefits in Illinois;
14		(3) determine and evaluate the ownership
15		characteristics of the State's forests, the motives for
16		forest ownership and the success of incentives necessary to
17		stimulate development of forest resources;
18		(4) determine the economic development and management
19		opportunities that could result from improvements in local
20		and regional forest product marketing and from the
21		establishment of new or additional wood-related businesses
22		in Illinois;
23		(5) confer with and offer assistance to the Illinois
24		Finance Authority relating to its implementation of forest
25		industry assistance programs authorized by the Illinois
26		Finance Authority Act;
27		(6) determine the opportunities for increasing
28		employment and economic growth through development of
29		forest resources;
30		(7) determine the effect of current governmental
31		policies and regulations on the management of woodlands and
32		the location of wood products markets;
33		(8) determine the staffing and funding needs for
34		forestry and other conservation programs to support and
35		enhance forest resources development;
36		(9) determine the needs of forestry education programs

1		in this State;
2		(10) confer with and offer assistance to the Department
3		of Natural Resources relating to the implementation of
4		urban forestry assistance grants pursuant to the Urban and
5		Community Forestry Assistance Act; and
6		(11) determine soil and water conservation benefits
7		and wildlife habitat enhancement opportunities that can be
8		promoted through approved forestry management plans.
9		(g) The Council shall report (i) its findings and
10		recommendations for future State action and (ii) its evaluation
11		of Urban/Community Forestry Assistance Grants to the General
12		Assembly no later than July 1 of each year.
13		(h) This Section 6a is repealed December 31, 2008.
14		(Source: P.A. 93-205, eff. 1-1-04; revised 12-6-03.)

15		Section 840. The Illinois Youth and Young Adult Employment
16		Act of 1986 is amended by changing Section 5 as follows:
17		(525 ILCS 50/5) (from Ch. 48, par. 2555)
18		Sec. 5. Cooperation. The Department of Natural Resources
19		shall have the full cooperation of the Department of Commerce
20		and Economic Opportunity Community Affairs, the Illinois State
21		Job Coordinating Council created by the Federal Job Training
22		Partnership Act (Public Law 97-300), and the Department of
23		Employment Security to carry out the purposes of this Act.
24		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

25		Section 845. The Bikeway Act is amended by changing Section
26		4 as follows:
27		(605 ILCS 30/4) (from Ch. 121, par. 604)
28		Sec. 4. In expending funds available for purposes of this
29		Act, the Department shall cooperate with municipalities,
30		townships, counties, road districts, park districts and other
31		appropriate agencies and organizations and, where possible and
32		practicable, shall allocate its expenditures among the several

1		regions of the State, proportionally to the bicycling
2		population.
3		The Secretary of Transportation shall serve as chairman of
4		and shall at least quarterly convene an interagency council on
5		the bikeways program, comprised of the Director of Natural
6		Resources, the Director of Commerce and Economic Opportunity
7		Community Affairs, the State Superintendent of Education, a
8		county engineer or county superintendent of highways chosen by
9		the statewide association of county engineers, a
10		representative of the Cook County Forest Preserve District, and
11		the Secretary of Transportation, for the purpose of determining
12		policy and priorities in effectuating the purposes of this Act.
13		(Source: P.A. 89-337, eff. 1-1-96; 89-445, eff. 2-7-96; revised
14		12-6-03.)

15		Section 850. The Illinois Aeronautics Act is amended by
16		changing Section 34b as follows:
17		(620 ILCS 5/34b)
18		Sec. 34b. Airport Land Loan Program.
19		(a) The Department may make loans to public airport owners
20		for the purchase of any real estate interests as may be needed
21		for essential airport purposes, including future needs,
22		subject to the following conditions:
23		(1) loans may be made only to public airport owners
24		that are operating an airport as of January 1, 1999; and
25		(2) loans may not be made for airports that provide
26		scheduled commercial air service in counties of greater
27		than 5,000,000 population.
28		The loans are payable from the Airport Land Loan Revolving
29		Fund, subject to appropriation. All repayments of loans made
30		pursuant to this Section, including interest thereon and
31		penalties, shall be deposited in the Airport Land Loan
32		Revolving Fund. The Treasurer shall deposit all investment
33		earnings arising from balances in the Airport Land Loan
34		Revolving Fund in that Fund.

1		(b) All loans under this Section shall be made by contract
2		between the Department and the public airport owner, which
3		contract shall include the following provisions:
4		(1) The annual rate of interest shall be the lesser of
5		(A) 2 percent below the Prime Rate charged by banks, as
6		published by the Federal Reserve Board, in effect at the
7		time the Department approves the loan, or (B) a rate
8		determined by the Department, after consultation with the
9		Governor's Office of Management and Budget Bureau of the
10		Budget, that will not adversely affect the tax-exempt
11		status of interest on the bonds of the State issued in
12		whole or in part to make deposits into the Airport Land
13		Loan Revolving Fund, nor diminish the benefit to the State
14		of the tax-exempt status of the interest on such bonds.
15		(2) The term of any loan shall not exceed five years,
16		but it may be for less by mutual agreement.
17		(3) Loan payments shall be scheduled in equal amounts
18		for the periods determined under paragraph (4) of this
19		Section. The loan payments shall be calculated so that the
20		loan is completely repaid, with interest, on outstanding
21		balances, by the end of the term determined under paragraph
22		(2) of this Section. There shall be no penalty for early
23		payment ahead of the payment schedule.
24		(4) The period of loan payments shall be annual, unless
25		by mutual agreement a period of less than one year is
26		chosen.
27		(5) The loan shall be secured with the land purchased,
28		in whole or in part, with the loan and considered as
29		collateral. The public airport owner shall assign a first
30		priority interest in the property to the State.
31		(6) If the loan payment is not made within 15 days
32		after the scheduled date determined under paragraph (3) of
33		this Section, a penalty of 10% of the payment shall be
34		assessed. If 30 days after the scheduled payment date no
35		payment has been received, the loan shall be considered in
36		default.

1		(7) As soon as a loan is considered in default, the
2		Department shall notify the public airport owner and
3		attempt to enter into a renegotiation of the loan payment
4		amounts and schedule determined under paragraph (3) of this
5		Section. In no case shall the term of the loan be extended
6		beyond the initial term determined under paragraph (2) of
7		this Section; nor shall the interest rate be lowered nor
8		any interest be forgiven. If a renegotiation of loan
9		payment amounts and schedule is obtained to the
10		Department's satisfaction within 30 days of notification
11		of default, then the new payment schedule shall replace the
12		one determined by paragraph (3) of this Section and shall
13		be used to measure compliance with the loan for purposes of
14		default. If after 30 days of notification of default the
15		Department has not obtained a renegotiation to its
16		satisfaction, the Department shall declare the loan
17		balance due and payable immediately. If the public airport
18		owner cannot immediately pay the balance of the loan, the
19		Department shall proceed to foreclose.
20		(c) The Department may promulgate any rules that it finds
21		appropriate to implement this Airport Land Loan Program.
22		(d) The Airport Land Loan Revolving Fund is created in the
23		State Treasury.
24		(Source: P.A. 91-543, eff. 8-14-99; 91-712, eff. 7-1-00;
25		revised 8-23-03.)

26		Section 855. The Illinois Vehicle Code is amended by
27		changing Section 3-1001 as follows:
28		(625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
29		Sec. 3-1001. A tax is hereby imposed on the privilege of
30		using, in this State, any motor vehicle as defined in Section
31		1-146 of this Code acquired by gift, transfer, or purchase, and
32		having a year model designation preceding the year of
33		application for title by 5 or fewer years prior to October 1,
34		1985 and 10 or fewer years on and after October 1, 1985 and

1		prior to January 1, 1988. On and after January 1, 1988, the tax
2		shall apply to all motor vehicles without regard to model year.
3		Except that the tax shall not apply
4		(i) if the use of the motor vehicle is otherwise taxed
5		under the Use Tax Act;
6		(ii) if the motor vehicle is bought and used by a
7		governmental agency or a society, association, foundation
8		or institution organized and operated exclusively for
9		charitable, religious or educational purposes;
10		(iii) if the use of the motor vehicle is not subject to
11		the Use Tax Act by reason of subsection (a), (b), (c), (d),
12		(e) or (f) of Section 3-55 of that Act dealing with the
13		prevention of actual or likely multistate taxation;
14		(iv) to implements of husbandry;
15		(v) when a junking certificate is issued pursuant to
16		Section 3-117(a) of this Code;
17		(vi) when a vehicle is subject to the replacement
18		vehicle tax imposed by Section 3-2001 of this Act;
19		(vii) when the transfer is a gift to a beneficiary in
20		the administration of an estate and the beneficiary is a
21		surviving spouse.
22		Prior to January 1, 1988, the rate of tax shall be 5% of
23		the selling price for each purchase of a motor vehicle covered
24		by Section 3-1001 of this Code. Except as hereinafter provided,
25		beginning January 1, 1988, the rate of tax shall be as follows
26		for transactions in which the selling price of the motor
27		vehicle is less than $15,000:

5		Except as hereinafter provided, beginning January 1, 1988, the
6		rate of tax shall be as follows for transactions in which the
7		selling price of the motor vehicle is $15,000 or more:
13		For the following transactions, the tax rate shall be $15 for
14		each motor vehicle acquired in such transaction:
15		(i) when the transferee or purchaser is the spouse,
16		mother, father, brother, sister or child of the transferor;
17		(ii) when the transfer is a gift to a beneficiary in
18		the administration of an estate and the beneficiary is not
19		a surviving spouse;
20		(iii) when a motor vehicle which has once been
21		subjected to the Illinois retailers' occupation tax or use
22		tax is transferred in connection with the organization,
23		reorganization, dissolution or partial liquidation of an
24		incorporated or unincorporated business wherein the
25		beneficial ownership is not changed.
26		A claim that the transaction is taxable under subparagraph
27		(i) shall be supported by such proof of family relationship as
28		provided by rules of the Department.
29		For a transaction in which a motorcycle, motor driven cycle
30		or motorized pedalcycle is acquired the tax rate shall be $25.
31		On and after October 1, 1985, 1/12 of $5,000,000 of the
32		moneys received by the Department of Revenue pursuant to this
33		Section shall be paid each month into the Build Illinois Fund
34		and the remainder into the General Revenue Fund.
35		At the end of any fiscal year in which the moneys received
36		by the Department of Revenue pursuant to this Section exceeds

1		the Annual Specified Amount, as defined in Section 3 of the
2		Retailers' Occupation Tax Act, the State Comptroller shall
3		direct the State Treasurer to transfer such excess amount from
4		the General Revenue Fund to the Build Illinois Purposes Fund.
5		The tax imposed by this Section shall be abated and no
6		longer imposed when the amount deposited to secure the bonds
7		issued pursuant to the Build Illinois Bond Act is sufficient to
8		provide for the payment of the principal of, and interest and
9		premium, if any, on the bonds, as certified to the State
10		Comptroller and the Director of Revenue by the Director of the
11		Governor's Office of Management and Budget Bureau of the
12		Budget.
13		(Source: P.A. 90-89, eff. 1-1-98; revised 10-15-03.)

14		Section 860. The Code of Civil Procedure is amended by
15		changing Section 7-103.3 as follows:
16		(735 ILCS 5/7-103.3)
17		Sec. 7-103.3. Quick-take; coal development purposes.
18		Quick-take proceedings under Section 7-103 may be used by the
19		Department of Commerce and Economic Opportunity Community
20		Affairs for the purpose specified in the Illinois Coal
21		Development Bond Act.
22		(Source: P.A. 91-357, eff. 7-29-99; revised 12-6-03.)

23		Section 865. The Illinois Human Rights Act is amended by
24		changing Section 2-105 as follows:
25		(775 ILCS 5/2-105) (from Ch. 68, par. 2-105)
26		Sec. 2-105. Equal Employment Opportunities; Affirmative
27		Action.
28		(A) Public Contracts. Every party to a public contract and
29		every eligible bidder shall:
30		(1) Refrain from unlawful discrimination and
31		discrimination based on citizenship status in employment
32		and undertake affirmative action to assure equality of

1		employment opportunity and eliminate the effects of past
2		discrimination;
3		(2) Comply with the procedures and requirements of the
4		Department's regulations concerning equal employment
5		opportunities and affirmative action;
6		(3) Provide such information, with respect to its
7		employees and applicants for employment, and assistance as
8		the Department may reasonably request;
9		(4) Have written sexual harassment policies that shall
10		include, at a minimum, the following information: (i) the
11		illegality of sexual harassment; (ii) the definition of
12		sexual harassment under State law; (iii) a description of
13		sexual harassment, utilizing examples; (iv) the vendor's
14		internal complaint process including penalties; (v) the
15		legal recourse, investigative and complaint process
16		available through the Department and the Commission; (vi)
17		directions on how to contact the Department and Commission;
18		and (vii) protection against retaliation as provided by
19		Section 6-101 of this Act. A copy of the policies shall be
20		provided to the Department upon request.
21		(B) State Agencies. Every State executive department,
22		State agency, board, commission, and instrumentality shall:
23		(1) Comply with the procedures and requirements of the
24		Department's regulations concerning equal employment
25		opportunities and affirmative action;
26		(2) Provide such information and assistance as the
27		Department may request.
28		(3) Establish, maintain, and carry out a continuing
29		affirmative action plan consistent with this Act and the
30		regulations of the Department designed to promote equal
31		opportunity for all State residents in every aspect of
32		agency personnel policy and practice. For purposes of these
33		affirmative action plans, the race and national origin
34		categories to be included in the plans are: African
35		American, Hispanic or Latino, Native American, Asian, and
36		any other category as required by Department rule. This

1		plan shall include a current detailed status report:
2		(a) indicating, by each position in State service,
3		the number, percentage, and average salary of
4		individuals employed by race, national origin, sex and
5		disability, and any other category that the Department
6		may require by rule;
7		(b) identifying all positions in which the
8		percentage of the people employed by race, national
9		origin, sex and disability, and any other category that
10		the Department may require by rule, is less than
11		four-fifths of the percentage of each of those
12		components in the State work force;
13		(c) specifying the goals and methods for
14		increasing the percentage by race, national origin,
15		sex and disability, and any other category that the
16		Department may require by rule, in State positions;
17		(d) indicating progress and problems toward
18		meeting equal employment opportunity goals, including,
19		if applicable, but not limited to, Department of
20		Central Management Services recruitment efforts,
21		publicity, promotions, and use of options designating
22		positions by linguistic abilities;
23		(e) establishing a numerical hiring goal for the
24		employment of qualified persons with disabilities in
25		the agency as a whole, to be based on the proportion of
26		people with work disabilities in the Illinois labor
27		force as reflected in the most recent decennial Census.
28		(4) If the agency has 1000 or more employees, appoint a
29		full-time Equal Employment Opportunity officer, subject to
30		the Department's approval, whose duties shall include:
31		(a) Advising the head of the particular State
32		agency with respect to the preparation of equal
33		employment opportunity programs, procedures,
34		regulations, reports, and the agency's affirmative
35		action plan.
36		(b) Evaluating in writing each fiscal year the

1		sufficiency of the total agency program for equal
2		employment opportunity and reporting thereon to the
3		head of the agency with recommendations as to any
4		improvement or correction in recruiting, hiring or
5		promotion needed, including remedial or disciplinary
6		action with respect to managerial or supervisory
7		employees who have failed to cooperate fully or who are
8		in violation of the program.
9		(c) Making changes in recruitment, training and
10		promotion programs and in hiring and promotion
11		procedures designed to eliminate discriminatory
12		practices when authorized.
13		(d) Evaluating tests, employment policies,
14		practices and qualifications and reporting to the head
15		of the agency and to the Department any policies,
16		practices and qualifications that have unequal impact
17		by race, national origin as required by Department
18		rule, sex or disability or any other category that the
19		Department may require by rule, and to assist in the
20		recruitment of people in underrepresented
21		classifications. This function shall be performed in
22		cooperation with the State Department of Central
23		Management Services.
24		(e) Making any aggrieved employee or applicant for
25		employment aware of his or her remedies under this Act.
26		In any meeting, investigation, negotiation,
27		conference, or other proceeding between a State
28		employee and an Equal Employment Opportunity officer,
29		a State employee (1) who is not covered by a collective
30		bargaining agreement and (2) who is the complaining
31		party or the subject of such proceeding may be
32		accompanied, advised and represented by (1) an
33		attorney licensed to practice law in the State of
34		Illinois or (2) a representative of an employee
35		organization whose membership is composed of employees
36		of the State and of which the employee is a member. A

1		representative of an employee, other than an attorney,
2		may observe but may not actively participate, or advise
3		the State employee during the course of such meeting,
4		investigation, negotiation, conference or other
5		proceeding. Nothing in this Section shall be construed
6		to permit any person who is not licensed to practice
7		law in Illinois to deliver any legal services or
8		otherwise engage in any activities that would
9		constitute the unauthorized practice of law. Any
10		representative of an employee who is present with the
11		consent of the employee, shall not, during or after
12		termination of the relationship permitted by this
13		Section with the State employee, use or reveal any
14		information obtained during the course of the meeting,
15		investigation, negotiation, conference or other
16		proceeding without the consent of the complaining
17		party and any State employee who is the subject of the
18		proceeding and pursuant to rules and regulations
19		governing confidentiality of such information as
20		promulgated by the appropriate State agency.
21		Intentional or reckless disclosure of information in
22		violation of these confidentiality requirements shall
23		constitute a Class B misdemeanor.
24		(5) Establish, maintain and carry out a continuing
25		sexual harassment program that shall include the
26		following:
27		(a) Develop a written sexual harassment policy
28		that includes at a minimum the following information:
29		(i) the illegality of sexual harassment; (ii) the
30		definition of sexual harassment under State law; (iii)
31		a description of sexual harassment, utilizing
32		examples; (iv) the agency's internal complaint process
33		including penalties; (v) the legal recourse,
34		investigative and complaint process available through
35		the Department and the Commission; (vi) directions on
36		how to contact the Department and Commission; and (vii)

1		protection against retaliation as provided by Section
2		6-101 of this Act. The policy shall be reviewed
3		annually.
4		(b) Post in a prominent and accessible location and
5		distribute in a manner to assure notice to all agency
6		employees without exception the agency's sexual
7		harassment policy. Such documents may meet, but shall
8		not exceed, the 6th grade literacy level. Distribution
9		shall be effectuated within 90 days of the effective
10		date of this amendatory Act of 1992 and shall occur
11		annually thereafter.
12		(c) Provide training on sexual harassment
13		prevention and the agency's sexual harassment policy
14		as a component of all ongoing or new employee training
15		programs.
16		(6) Notify the Department 30 days before effecting any
17		layoff. Once notice is given, the following shall occur:
18		(a) No layoff may be effective earlier than 10
19		working days after notice to the Department, unless an
20		emergency layoff situation exists.
21		(b) The State executive department, State agency,
22		board, commission, or instrumentality in which the
23		layoffs are to occur must notify each employee targeted
24		for layoff, the employee's union representative (if
25		applicable), and the State Dislocated Worker Unit at
26		the Department of Commerce and Economic Opportunity
27		Community Affairs.
28		(c) The State executive department, State agency,
29		board, commission, or instrumentality in which the
30		layoffs are to occur must conform to applicable
31		collective bargaining agreements.
32		(d) The State executive department, State agency,
33		board, commission, or instrumentality in which the
34		layoffs are to occur should notify each employee
35		targeted for layoff that transitional assistance may
36		be available to him or her under the Economic

1		Dislocation and Worker Adjustment Assistance Act
2		administered by the Department of Commerce and
3		Economic Opportunity Community Affairs. Failure to
4		give such notice shall not invalidate the layoff or
5		postpone its effective date.
6		As used in this subsection (B), "disability" shall be
7		defined in rules promulgated under the Illinois Administrative
8		Procedure Act.
9		(C) Civil Rights Violations. It is a civil rights violation
10		for any public contractor or eligible bidder to:
11		(1) fail to comply with the public contractor's or
12		eligible bidder's duty to refrain from unlawful
13		discrimination and discrimination based on citizenship
14		status in employment under subsection (A)(1) of this
15		Section; or
16		(2) fail to comply with the public contractor's or
17		eligible bidder's duties of affirmative action under
18		subsection (A) of this Section, provided however, that the
19		Department has notified the public contractor or eligible
20		bidder in writing by certified mail that the public
21		contractor or eligible bidder may not be in compliance with
22		affirmative action requirements of subsection (A). A
23		minimum of 60 days to comply with the requirements shall be
24		afforded to the public contractor or eligible bidder before
25		the Department may issue formal notice of non-compliance.
26		(Source: P.A. 91-178, eff. 1-1-00; revised 12-6-03.)

27		Section 870. The Hot Water Heater Efficiency Act is amended
28		by changing Section 1 as follows:
29		(815 ILCS 355/1) (from Ch. 96 1/2, par. 9551)
30		Sec. 1. (a) No new storage hot water heater which is not
31		certified as meeting the energy efficiency standards of the
32		American Society of Heating, Refrigerating and Air
33		Conditioning Engineers, Inc., as set forth as the current
34		ASHRAE 90 Standard, shall be purchased for resale or

1		installation in the State after June 1, 1986; provided,
2		however, that nothing contained herein shall prevent sales from
3		being made in the State for use outside the State and provided
4		that the inventory of storage hot water heaters existing on
5		April 1, 1986 may be sold after June 1, 1986. Upon the
6		effective date of this Act, no retail seller or distributor
7		shall increase its inventory of storage hot water heaters which
8		are not certified as being in compliance with the current
9		ASHRAE 90 Standard, and all storage hot water heaters sold
10		after June 1, 1986 shall be certified and labeled by the
11		manufacturer as being in compliance with the current ASHRAE 90
12		Standard.
13		(b) The Department of Commerce and Economic Opportunity
14		Community Affairs shall provide technical assistance and
15		information to retail sellers and distributors of storage hot
16		water heaters doing business in Illinois to facilitate
17		compliance with the provisions of this Act.
18		(c) This Act does not apply to storage hot water heaters
19		with a capacity of 20 or fewer gallons designed expressly for
20		use in recreational vehicles.
21		(d) Any violation of subsection (a) shall be a petty
22		offense; provided a fine of not less than $50 nor more than
23		$500 shall be imposed, and all fines shall be imposed
24		consecutively. Each storage hot water heater sold in violation
25		of this Act shall constitute a separate offense.
26		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

27		Section 875. The Waste Oil Recovery Act is amended by
28		changing Sections 2.8 and 6 as follows:
29		(815 ILCS 440/2.8) (from Ch. 96 1/2, par. 7702.8)
30		Sec. 2.8. "Department" means the Department of Commerce and
31		Economic Opportunity Community Affairs.
32		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)
33		(815 ILCS 440/6) (from Ch. 96 1/2, par. 7706)

1		Sec. 6. Any establishment engaged in retail sales of
2		automotive lubricating oils is urged to post a sign clearly
3		visible to the public in every area where automotive
4		lubricating oils are sold, indicating the closest used oil
5		storage facility. The sign shall be a minimum size of 8 1/2
6		inches by 11 inches and shall be available from the Department
7		of Commerce and Economic Opportunity Community Affairs upon
8		request by a retail seller of 500 or more gallons per year of
9		automotive lubricating oil.
10		(Source: P.A. 89-445, eff. 2-7-96; revised 12-6-03.)

11		Section 880. The Unemployment Insurance Act is amended by
12		changing Section 2103 as follows:
13		(820 ILCS 405/2103) (from Ch. 48, par. 663)
14		Sec. 2103. Unemployment compensation administration and
15		other workforce development costs. All moneys received by the
16		State or by the Director from any source for the financing of
17		the cost of administration of this Act, including all federal
18		moneys allotted or apportioned to the State or to the Director
19		for that purpose, including moneys received directly or
20		indirectly from the federal government under the Job Training
21		Partnership Act, and including moneys received from the
22		Railroad Retirement Board as compensation for services or
23		facilities supplied to said Board, or any moneys made available
24		by this State or its political subdivisions and matched by
25		moneys granted to this State pursuant to the provisions of the
26		Wagner-Peyser Act, shall be received and held by the State
27		Treasurer as ex-officio custodian thereof, separate and apart
28		from all other State moneys, in the Title III Social Security
29		and Employment Fund, and such funds shall be distributed or
30		expended upon the direction of the Director and, except money
31		received pursuant to the last paragraph of Section 2100B, shall
32		be distributed or expended solely for the purposes and in the
33		amounts found necessary by the Secretary of Labor of the United
34		States of America, or other appropriate federal agency, for the

1		proper and efficient administration of this Act.
2		Notwithstanding any provision of this Section, all money
3		requisitioned and deposited with the State Treasurer pursuant
4		to the last paragraph of Section 2100B shall remain part of the
5		unemployment trust fund and shall be used only in accordance
6		with the conditions specified in the last paragraph of Section
7		2100B.
8		If any moneys received from the Secretary of Labor, or
9		other appropriate federal agency, under Title III of the Social
10		Security Act, or any moneys granted to this State pursuant to
11		the provisions of the Wagner-Peyser Act, or any moneys made
12		available by this State or its political subdivisions and
13		matched by moneys granted to this State pursuant to the
14		provisions of the Wagner-Peyser Act, are found by the Secretary
15		of Labor, or other appropriate Federal agency, because of any
16		action or contingency, to have been lost or expended for
17		purposes other than, or in amounts in excess of, those found
18		necessary, by the Secretary of Labor, or other appropriate
19		Federal agency, for the proper administration of this Act, it
20		is the policy of this State that such moneys shall be replaced
21		by moneys appropriated for such purpose from the general funds
22		of this State for expenditure as provided in the first
23		paragraph of this Section. The Director shall report to the
24		Governor's Office of Management and Budget Bureau of the
25		Budget, in the same manner as is provided generally for the
26		submission by State Departments of financial requirements for
27		the ensuing fiscal year, and the Governor shall include in his
28		budget report to the next regular session of the General
29		Assembly, the amount required for such replacement.
30		Moneys in the Title III Social Security and Employment Fund
31		shall not be commingled with other State funds, but they shall
32		be deposited as required by law and maintained in a separate
33		account on the books of a savings and loan association or bank.
34		The State Treasurer shall be liable on his general official
35		bond for the faithful performance of his duties as custodian of
36		all moneys in the Title III Social Security and Employment

1		Fund. Such liability on his official bond shall exist in
2		addition to the liability upon any separate bond given by him.
3		All sums recovered for losses sustained by the fund herein
4		described shall be deposited therein.
5		Upon the effective date of this amendatory Act of 1987
6		(January 1, 1988), the Comptroller shall transfer all
7		unobligated funds from the Job Training Fund into the Title III
8		Social Security and Employment Fund.
9		On September 1, 2000, or as soon thereafter as may be
10		reasonably practicable, the State Comptroller shall transfer
11		all unobligated moneys from the Job Training Partnership Fund
12		into the Title III Social Security and Employment Fund. The
13		moneys transferred pursuant to this amendatory Act may be used
14		or expended for purposes consistent with the conditions under
15		which those moneys were received by the State.
16		Beginning on the effective date of this amendatory Act of
17		the 91st General Assembly, all moneys that would otherwise be
18		deposited into the Job Training Partnership Fund shall instead
19		be deposited into the Title III Social Security and Employment
20		Fund, to be used for purposes consistent with the conditions
21		under which those moneys are received by the State, except that
22		any moneys that may be necessary to pay liabilities outstanding
23		as of June 30, 2000 shall be deposited into the Job Training
24		Partnership Fund.
25		(Source: P.A. 91-704, eff. 7-1-00; revised 8-23-03.)

26		Section 995. No acceleration or delay. Where this Act makes
27		changes in a statute that is represented in this Act by text
28		that is not yet or no longer in effect (for example, a Section
29		represented by multiple versions), the use of that text does
30		not accelerate or delay the taking effect of (i) the changes
31		made by this Act or (ii) provisions derived from any other
32		Public Act.

33		Section 996. No revival or extension. This Act does not
34		revive or extend any Section or Act otherwise repealed.

Section 999. Effective date. This Act takes effect upon becoming law.