093_SB1075enr

 
SB1075 Enrolled                      LRB093 08352 JAM 08571 b

 1        AN ACT concerning finance.

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

 4                             ARTICLE 801
 5                         GENERAL PROVISIONS

 6        Section 801-1. Short Title. Articles 80  through  845  of
 7    this  Act may be cited as the Illinois Finance Authority Act.
 8    References to "this Act" in  Articles  801  through  845  are
 9    references to the Illinois Finance Authority Act.

10        Section  801-5.  Findings  and declaration of policy. The
11    General Assembly hereby finds, determines and declares:
12        (a) that there are a number of existing State authorities
13    authorized to issue bonds to  alleviate  the  conditions  and
14    promote  the  objectives  set  forth  below; and to provide a
15    stronger,  better  coordinated  development  effort,  it   is
16    determined  to  be  in  the interest of promoting the health,
17    safety, morals and general welfare of all the people  of  the
18    State  to  consolidate  certain  of such existing authorities
19    into one finance authority;
20        (b) that involuntary  unemployment  affects  the  health,
21    safety, morals and general welfare of the people of the State
22    of Illinois;
23        (c)  that the economic burdens resulting from involuntary
24    unemployment fall in part upon  the  State  in  the  form  of
25    public  assistance and reduced tax revenues, and in the event
26    the unemployed worker and his  family  migrate  elsewhere  to
27    find  work,  may  also fall upon the municipalities and other
28    taxing districts within the areas of unemployment in the form
29    of reduced tax revenues, thereby endangering their  financial
30    ability  to support necessary governmental services for their
 
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 1    remaining inhabitants;
 2        (d) that a vigorous growing economy is the  basic  source
 3    of job opportunities;
 4        (e) that protection against involuntary unemployment, its
 5    economic  burdens  and  the spread of economic stagnation can
 6    best be provided by promoting,  attracting,  stimulating  and
 7    revitalizing  industry,  manufacturing  and  commerce  in the
 8    State;
 9        (f) that the State has a responsibility to help create  a
10    favorable  climate for new and improved job opportunities for
11    its citizens by encouraging  the  development  of  commercial
12    businesses and industrial and manufacturing plants within the
13    State;
14        (g) that increased availability of funds for construction
15    of  new  facilities  and  the  expansion  and  improvement of
16    existing   facilities   for   industrial,   commercial    and
17    manufacturing  facilities  will provide for new and continued
18    employment in the construction  industry  and  alleviate  the
19    burden of unemployment;
20        (h)  that in the absence of direct governmental subsidies
21    the unaided operations of private enterprise do  not  provide
22    sufficient    resources    for    residential   construction,
23    rehabilitation, rental or purchase,  and  that  support  from
24    housing   related  commercial  facilities  is  one  means  of
25    stimulating residential construction, rehabilitation,  rental
26    and purchase;
27        (i)  that  it is in the public interest and the policy of
28    this State to foster and promote by all reasonable means  the
29    provision  of  adequate  capital  markets  and facilities for
30    borrowing money by units of local  government,  and  for  the
31    financing  of  their respective public improvements and other
32    governmental purposes within the State from proceeds of bonds
33    or notes issued by those governmental units;  and  to  assist
34    local  governmental units in fulfilling their needs for those
 
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 1    purposes by use of creation of indebtedness;
 2        (j) that it is in the public interest and the  policy  of
 3    this  State  to  the  extent possible, to reduce the costs of
 4    indebtedness to taxpayers and residents of this State and  to
 5    encourage  continued  investor  interest  in  the purchase of
 6    bonds or notes of governmental units as sound  and  preferred
 7    securities  for  investment;  and  to  encourage governmental
 8    units to continue their independent  undertakings  of  public
 9    improvements   and   other   governmental  purposes  and  the
10    financing thereof, and to assist them in those activities  by
11    making  funds available at reduced interest costs for orderly
12    financing of those purposes,  especially  during  periods  of
13    restricted credit or money supply, and particularly for those
14    governmental  units  not  otherwise  able to borrow for those
15    purposes;
16        (k) that in this State the  following  conditions  exist:
17    (i)   an   inadequate  supply  of  funds  at  interest  rates
18    sufficiently low to enable persons engaged in agriculture  in
19    this  State  to  pursue  agricultural  operations  at present
20    levels; (ii)  that  such  inability  to  pursue  agricultural
21    operations  lessens  the  supply  of agricultural commodities
22    available to fulfill the needs of the citizens of this State;
23    (iii) that such inability to  continue  operations  decreases
24    available  employment in the agricultural sector of the State
25    and results in unemployment and its attendant problems;  (iv)
26    that  such  conditions prevent the acquisition of an adequate
27    capital stock of farm equipment and machinery, much of  which
28    is  manufactured  in  this  State,  therefore  impairing  the
29    productivity  of  agricultural  land  and,  further,  causing
30    unemployment or lack of appropriate increase in employment in
31    such manufacturing; (v) that such conditions are conducive to
32    consolidation  of  acreage  of  agricultural  land with fewer
33    individuals living and  farming  on  the  traditional  family
34    farm;  (vi)  that  these  conditions  result  in  a  loss  in
 
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 1    population,  unemployment  and movement of persons from rural
 2    to urban areas accompanied by added costs to communities  for
 3    creation  of  new  public facilities and services; (vii) that
 4    there have been recurrent shortages of funds for agricultural
 5    purposes from private market sources at reasonable  rates  of
 6    interest;  (viii) that these shortages have made the sale and
 7    purchase of agricultural land to  family  farmers  a  virtual
 8    impossibility  in  many  parts  of  the  State; (ix) that the
 9    ordinary operations of private enterprise  have  not  in  the
10    past corrected these conditions; and (x) that a stable supply
11    of  adequate  funds for agricultural financing is required to
12    encourage family farmers in an orderly and  sustained  manner
13    and to reduce the problems described above;
14        (l)  that  for  the benefit of the people of the State of
15    Illinois, the conduct and increase  of  their  commerce,  the
16    protection  and enhancement of their welfare, the development
17    of continued prosperity and the improvement of  their  health
18    and  living conditions it is essential that all the people of
19    the State be given the fullest opportunity to  learn  and  to
20    develop  their intellectual and mental capacities and skills;
21    that to achieve these ends it is  of  the  utmost  importance
22    that  private  institutions  of  higher  education within the
23    State be provided with appropriate additional means to assist
24    the people of the State in achieving the required  levels  of
25    learning  and  development  of  their intellectual and mental
26    capacities and skills and that cultural  institutions  within
27    the  State  be  provided with appropriate additional means to
28    expand the services and resources which they  offer  for  the
29    cultural,  intellectual, scientific, educational and artistic
30    enrichment of the people of the State;
31        (m) that in order to foster civic and neighborhood pride,
32    citizens require access to  facilities  such  as  educational
33    institutions,    recreation,    parks    and   open   spaces,
34    entertainment and sports, a reliable transportation  network,
 
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 1    cultural  facilities  and  theaters  and  other facilities as
 2    authorized by this Act, and that it is in the best  interests
 3    of  the  State  to  lower the costs of all such facilities by
 4    providing financing through the State; and
 5        (n) that to  preserve  and  protect  the  health  of  the
 6    citizens  of  the  State, and lower the costs of health care,
 7    that financing  for  health  facilities  should  be  provided
 8    through the State; and it is hereby declared to be the policy
 9    of  the  State,  in  the  interest  of  promoting the health,
10    safety, morals and general welfare of all the people  of  the
11    State, to address the conditions noted above, to increase job
12    opportunities  and  to  retain existing jobs in the State, by
13    making available  through  the  Illinois  Finance  Authority,
14    hereinafter  created,  funds for the development, improvement
15    and  creation  of  industrial,  housing,  local   government,
16    educational,  health,  public  purpose and other projects; to
17    issue its bonds and notes to make funds at reduced rates  and
18    on  more  favorable terms for borrowing by local governmental
19    units through the purchase of  the  bonds  or  notes  of  the
20    governmental  units;  and  to  make  or acquire loans for the
21    acquisition and development of  agricultural  facilities;  to
22    provide   financing   for   private  institutions  of  higher
23    education, cultural institutions, health facilities and other
24    facilities and projects as authorized by  this  Act;  and  to
25    grant  broad  powers  to  the  Illinois  Finance Authority to
26    accomplish and to carry out these policies of the State which
27    are in the public interest of the State and of its  taxpayers
28    and residents.

29        Section   801-10.   Definitions.   The  following  terms,
30    whenever used or referred to in  this  Act,  shall  have  the
31    following  meanings,  except  in  such  instances  where  the
32    context may clearly indicate otherwise:
33        (a)  The  term  "Authority"  means  the  Illinois Finance
 
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 1    Authority created by this Act.
 2        (b) The  term  "project"  means  an  industrial  project,
 3    housing  project,  public  purpose  project, higher education
 4    project,  health  facility  project,   cultural   institution
 5    project, agricultural facility or agribusiness, and "project"
 6    may  include  any combination of one or more of the foregoing
 7    undertaken jointly by any  person  with  one  or  more  other
 8    persons, but "project" shall not include any facility used or
 9    to  be  used  for  sectarian  instruction  or  as  a place of
10    religious worship nor any facility which is  used  or  to  be
11    used  primarily in connection with any part of the program of
12    a  school  or  department  of  divinity  for  any   religious
13    denomination or the training of ministers, priests, rabbis or
14    other professional persons in the field of religion.
15        (c)  The  term "public purpose project" means any project
16    or facility including  without  limitation  land,  buildings,
17    structures,  machinery,  equipment  and  all  other  real and
18    personal property, which is authorized or required by law  to
19    be    acquired,    constructed,    improved,   rehabilitated,
20    reconstructed,  replaced  or  maintained  by  any   unit   of
21    government  or  any  other  lawful  public  purpose  which is
22    authorized or required by law to be undertaken by any unit of
23    government.
24        (d) The term "industrial project" means the  acquisition,
25    construction,   refurbishment,   creation,   development   or
26    redevelopment  of  any  facility,  equipment, machinery, real
27    property or personal property for use by any  instrumentality
28    of  the  State  or its political subdivisions, for use by any
29    person or institution, public or private, for profit  or  not
30    for  profit,  or  for use in any trade or business including,
31    but  not  limited  to,  any  industrial,   manufacturing   or
32    commercial  enterprise  and  which  is  (1) a capital project
33    including but  not  limited  to:  (i)  land  and  any  rights
34    therein,   one   or   more  buildings,  structures  or  other
 
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 1    improvements, machinery and equipment, whether  now  existing
 2    or hereafter acquired, and whether or not located on the same
 3    site   or   sites;  (ii)  all  appurtenances  and  facilities
 4    incidental to the foregoing, including, but  not  limited  to
 5    utilities, access roads, railroad sidings, track, docking and
 6    similar  facilities,  parking  facilities, dockage, wharfage,
 7    railroad roadbed, track, trestle, depot, terminal,  switching
 8    and  signaling  or  related  equipment,  site preparation and
 9    landscaping; and (iii) all  non-capital  costs  and  expenses
10    relating   thereto   or  (2)  any  addition  to,  renovation,
11    rehabilitation or improvement of a capital project or (3) any
12    activity or undertaking which the Authority  determines  will
13    aid,  assist  or  encourage  economic  growth, development or
14    redevelopment within the State  or  any  area  thereof,  will
15    promote   the  expansion,  retention  or  diversification  of
16    employment opportunities within the State or any area thereof
17    or will aid in stabilizing  or  developing  any  industry  or
18    economic  sector  of  the State economy. The term "industrial
19    project" also means the production of motion pictures.
20        (e) The term "bond" or "bonds" shall include bonds, notes
21    (including  bond,  grant  or  revenue  anticipation   notes),
22    certificates   and/or   other   evidences   of   indebtedness
23    representing  an obligation to pay money, including refunding
24    bonds.
25        (f) The terms  "lease  agreement"  and  "loan  agreement"
26    shall  mean:  (i)  an agreement whereby a project acquired by
27    the Authority by purchase, gift or lease  is  leased  to  any
28    person,  corporation  or  unit of local government which will
29    use or  cause  the  project  to  be  used  as  a  project  as
30    heretofore  defined  upon  terms  providing  for lease rental
31    payments at least sufficient to pay when  due  all  principal
32    of,  interest  and  premium,  if  any,  on  any  bonds of the
33    Authority issued with respect to such project, providing  for
34    the  maintenance,  insuring  and  operation of the project on
 
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 1    terms  satisfactory   to   the   Authority,   providing   for
 2    disposition  of  the  project  upon  termination of the lease
 3    term,  including  purchase  options  or  abandonment  of  the
 4    premises, and such other terms as may be deemed desirable  by
 5    the  Authority,  or  (ii) any agreement pursuant to which the
 6    Authority agrees to loan the proceeds  of  its  bonds  issued
 7    with  respect to a project or other funds of the Authority to
 8    any person which will use or cause the project to be used  as
 9    a project as heretofore defined upon terms providing for loan
10    repayment  installments  at  least sufficient to pay when due
11    all principal of, interest and premium, if any, on any  bonds
12    of the Authority, if any, issued with respect to the project,
13    and providing for maintenance, insurance and other matters as
14    may be deemed desirable by the Authority.
15        (g)  The  term  "financial  aid" means the expenditure of
16    Authority funds or funds provided by  the  Authority  through
17    the  issuance  of  its  bonds,  notes  or  other evidences of
18    indebtedness or  from  other  sources  for  the  development,
19    construction, acquisition or improvement of a project.
20        (h)  The  term "person" means an individual, corporation,
21    unit  of   government,   business   trust,   estate,   trust,
22    partnership  or association, 2 or more persons having a joint
23    or common interest, or any other legal entity.
24        (i) The term  "unit  of  government"  means  the  federal
25    government,  the  State or unit of local government, a school
26    district, or any agency or instrumentality, office,  officer,
27    department,   division,   bureau,   commission,   college  or
28    university thereof.
29        (j) The term "health facility" means: (a) any  public  or
30    private  institution,  place, building, or agency required to
31    be licensed under the Hospital Licensing Act; (b) any  public
32    or  private  institution, place, building, or agency required
33    to be licensed under the  Nursing  Home  Care  Act;  (c)  any
34    public  or licensed private hospital as defined in the Mental
 
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 1    Health and Developmental  Disabilities  Code;  (d)  any  such
 2    facility  exempted  from  such licensure when the Director of
 3    Public Health attests that such exempted facility  meets  the
 4    statutory  definition of a facility subject to licensure; (e)
 5    any other  public  or  private  health  service  institution,
 6    place,  building,  or  agency  which  the  Director of Public
 7    Health attests is subject to certification by the  Secretary,
 8    U.S. Department of Health and Human Services under the Social
 9    Security  Act,  as  now  or  hereafter  amended, or which the
10    Director   of   Public   Health   attests   is   subject   to
11    standard-setting  by  a  recognized   public   or   voluntary
12    accrediting  or  standard-setting  agency;  (f) any public or
13    private institution, place, building  or  agency  engaged  in
14    providing  one  or  more  supporting  services  to  a  health
15    facility;  (g)  any  public  or  private  institution, place,
16    building or agency  engaged  in  providing  training  in  the
17    healing  arts,  including  but  not  limited  to  schools  of
18    medicine,   dentistry,   osteopathy,   optometry,   podiatry,
19    pharmacy  or  nursing,  schools  for  the  training of x-ray,
20    laboratory or other health care technicians and  schools  for
21    the  training of para-professionals in the health care field;
22    (h) any public or private congregate, life or  extended  care
23    or elderly housing facility or any public or private home for
24    the  aged  or  infirm,  including,  without  limitation,  any
25    Facility  as defined in the Life Care Facilities Act; (i) any
26    public   or   private   mental,   emotional    or    physical
27    rehabilitation facility or any public or private educational,
28    counseling,  or  rehabilitation  facility  or home, for those
29    persons  with  a  developmental  disability,  those  who  are
30    physically ill or disabled, the emotionally disturbed,  those
31    persons  with  a  mental  illness or persons with learning or
32    similar disabilities or problems; (j) any public  or  private
33    alcohol,   drug  or  substance  abuse  diagnosis,  counseling
34    treatment or  rehabilitation  facility,  (k)  any  public  or
 
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 1    private  institution,  place,  building or agency licensed by
 2    the Department of Children and Family Services  or  which  is
 3    not so licensed but which the Director of Children and Family
 4    Services  attests provides child care, child welfare or other
 5    services of the type provided by facilities subject  to  such
 6    licensure;  (l)  any  public  or  private  adoption agency or
 7    facility; and (m) any public or private blood bank  or  blood
 8    center.  "Health  facility"  also  means  a public or private
 9    structure or structures  suitable  primarily  for  use  as  a
10    laboratory,  laundry,  nurses  or  interns residence or other
11    housing or hotel facility used in whole or in part for staff,
12    employees  or  students  and  their  families,  patients   or
13    relatives  of  patients  admitted  for treatment or care in a
14    health facility, or persons conducting business with a health
15    facility, physician's facility,  surgicenter,  administration
16    building,  research facility, maintenance, storage or utility
17    facility and all structures or facilities related to  any  of
18    the  foregoing  or  required or useful for the operation of a
19    health facility, including parking  or  other  facilities  or
20    other  supporting  service  structures required or useful for
21    the orderly conduct of such health facility.
22        (k) The term "participating health institution"  means  a
23    private  corporation  or association or public entity of this
24    State, authorized by the laws of this  State  to  provide  or
25    operate  a  health facility as defined in this Act and which,
26    pursuant to  the  provisions  of  this  Act,  undertakes  the
27    financing,  construction  or  acquisition  of  a  project  or
28    undertakes  the  refunding  or  refinancing  of  obligations,
29    loans, indebtedness or advances as provided in this Act.
30        (l)  The term "health facility project", means a specific
31    health  facility  work  or  improvement  to  be  financed  or
32    refinanced    (including    without    limitation     through
33    reimbursement  of prior expenditures), acquired, constructed,
34    enlarged,  remodeled,  renovated,  improved,  furnished,   or
 
SB1075 Enrolled            -11-      LRB093 08352 JAM 08571 b
 1    equipped,  with funds provided in whole or in part hereunder,
 2    any  accounts  receivable,  working  capital,  liability   or
 3    insurance  cost or operating expense financing or refinancing
 4    program of a health facility with or involving funds provided
 5    in whole or in part hereunder, or any combination thereof.
 6        (m) The term "bond resolution" means  the  resolution  or
 7    resolutions  authorizing  the issuance of, or providing terms
 8    and conditions related to, bonds issued under  this  Act  and
 9    includes,  where  appropriate,  any  trust  agreement,  trust
10    indenture,  indenture  of mortgage or deed of trust providing
11    terms and conditions for such bonds.
12        (n) The term "property" means any real, personal or mixed
13    property, whether tangible or  intangible,  or  any  interest
14    therein,  including,  without  limitation,  any  real estate,
15    leasehold  interests,  appurtenances,  buildings,  easements,
16    equipment, furnishings, furniture,  improvements,  machinery,
17    rights  of  way, structures, accounts, contract rights or any
18    interest therein.
19        (o) The  term  "revenues"  means,  with  respect  to  any
20    project,   the  rents,  fees,  charges,  interest,  principal
21    repayments, collections and other income  or  profit  derived
22    therefrom.
23        (p)  The  term  "higher  education project" means, in the
24    case  of  a  private  institution  of  higher  education,  an
25    educational facility to be acquired,  constructed,  enlarged,
26    remodeled,  renovated,  improved,  furnished, or equipped, or
27    any combination thereof.
28        (q) The term "cultural institution project" means, in the
29    case of a cultural institution, a  cultural  facility  to  be
30    acquired,   constructed,   enlarged,   remodeled,  renovated,
31    improved, furnished, or equipped, or any combination thereof.
32        (r) The term "educational facility"  means  any  property
33    located  within  the  State constructed or acquired before or
34    after the effective date of this Act, which is or will be, in
 
SB1075 Enrolled            -12-      LRB093 08352 JAM 08571 b
 1    whole or in part,  suitable  for  the  instruction,  feeding,
 2    recreation or housing of students, the conducting of research
 3    or  other  work of a private institution of higher education,
 4    the use by a  private  institution  of  higher  education  in
 5    connection  with  any  educational,  research  or  related or
 6    incidental activities then being or to be conducted by it, or
 7    any  combination  of  the   foregoing,   including,   without
 8    limitation,  any  such  property  suitable  for  use as or in
 9    connection with any one or more of the following: an academic
10    facility,  administrative  facility,  agricultural  facility,
11    assembly  hall,  athletic   facility,   auditorium,   boating
12    facility,  campus, communication facility, computer facility,
13    continuing  education  facility,  classroom,   dining   hall,
14    dormitory,  exhibition  hall,  fire  fighting  facility, fire
15    prevention facility, food service and  preparation  facility,
16    gymnasium,   greenhouse,   health  care  facility,  hospital,
17    housing,   instructional   facility,   laboratory,   library,
18    maintenance  facility,  medical  facility,  museum,  offices,
19    parking  area,  physical  education  facility,   recreational
20    facility,   research  facility,  stadium,  storage  facility,
21    student  union,  study  facility,  theatre  or  utility.   An
22    educational  facility  shall not include any property used or
23    to be used for sectarian instruction or study or as  a  place
24    for  devotional  activities  or  religious  worship  nor  any
25    property  which is used or to be used primarily in connection
26    with any part of the program of a  school  or  department  of
27    divinity for any religious denomination.
28        (s)  The  term  "cultural  facility"  means  any property
29    located within the State constructed or  acquired  before  or
30    after the effective date of this Act, which is or will be, in
31    whole  or  in  part,  suitable for the particular purposes or
32    needs  of  a   cultural   institution,   including,   without
33    limitation,  any  such  property  suitable  for  use as or in
34    connection  with  any  one  or  more  of  the  following:  an
 
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 1    administrative facility, aquarium, assembly hall, auditorium,
 2    botanical  garden,  exhibition  hall,  gallery,   greenhouse,
 3    library, museum, scientific laboratory, theater or zoological
 4    facility,  and shall also include, without limitation, books,
 5    works of art or music, animal, plant or aquatic life or other
 6    items  for  display,  exhibition  or  performance.  The  term
 7    "cultural  facility"  includes  buildings  on  the   National
 8    Register  of  Historic  Places which are owned or operated by
 9    nonprofit entities. A cultural facility shall not include any
10    property used or to be  used  for  sectarian  instruction  or
11    study  or  as  a place for devotional activities or religious
12    worship nor  any  property  which  is  used  or  to  be  used
13    primarily  in  connection  with  any part of the program of a
14    school  or  department  of   divinity   for   any   religious
15    denomination.
16        (t)  "Private  institution  of  higher education" means a
17    not-for-profit educational institution which is not owned  by
18    the    State    or   any   political   subdivision,   agency,
19    instrumentality, district or municipality thereof,  which  is
20    authorized  by  law  to provide a program of education beyond
21    the high school level and which:
22             (1) Admits  as  regular  students  only  individuals
23        having a certificate of graduation from a high school, or
24        the recognized equivalent of such a certificate;
25             (2)  Provides  an  educational  program for which it
26        awards a bachelor's degree, or  provides  an  educational
27        program,  admission  into  which  is conditioned upon the
28        prior  attainment  of  a   bachelor's   degree   or   its
29        equivalent, for which it awards a postgraduate degree, or
30        provides   not  less  than  a  2-year  program  which  is
31        acceptable for full  credit  toward  such  a  degree,  or
32        offers  a  2-year program in engineering, mathematics, or
33        the physical or biological sciences which is designed  to
34        prepare  the  student  to  work  as a technician and at a
 
SB1075 Enrolled            -14-      LRB093 08352 JAM 08571 b
 1        semiprofessional level  in  engineering,  scientific,  or
 2        other    technological    fields    which   require   the
 3        understanding  and  application  of  basic   engineering,
 4        scientific, or mathematical principles or knowledge;
 5             (3)   Is   accredited  by  a  nationally  recognized
 6        accrediting  agency  or  association  or,   if   not   so
 7        accredited, is an institution whose credits are accepted,
 8        on transfer, by not less than 3 institutions which are so
 9        accredited,   for   credit   on  the  same  basis  as  if
10        transferred from an institution so accredited, and  holds
11        an  unrevoked  certificate  of approval under the Private
12        College Act from the Board of  Higher  Education,  or  is
13        qualified  as  a  "degree granting institution" under the
14        Academic Degree Act; and
15             (4)  Does  not  discriminate  in  the  admission  of
16        students on the basis of race, color or  creed.  "Private
17        institution   of  higher  education"  also  includes  any
18        "academic institution".
19        (u)   The   term   "academic   institution"   means   any
20    not-for-profit institution which is not owned by the State or
21    any political subdivision, agency, instrumentality,  district
22    or  municipality  thereof,  which  institution engages in, or
23    facilitates academic, scientific, educational or professional
24    research or learning in a field or fields of study taught  at
25    a   private   institution   of   higher  education.  Academic
26    institutions   include,   without   limitation,    libraries,
27    archives,  academic,  scientific, educational or professional
28    societies, institutions, associations or  foundations  having
29    such  purposes.  Academic  institution  does  not include any
30    school or any institution primarily engaged in  religious  or
31    sectarian activities.
32        (v)   The   term   "cultural   institution"   means   any
33    not-for-profit institution which is not owned by the State or
34    any  political subdivision, agency, instrumentality, district
 
SB1075 Enrolled            -15-      LRB093 08352 JAM 08571 b
 1    or municipality thereof, which  institution  engages  in  the
 2    cultural,  intellectual,  scientific, educational or artistic
 3    enrichment of the people of the State. Cultural  institutions
 4    include,  without  limitation,  aquaria, botanical societies,
 5    historical societies,  libraries,  museums,  performing  arts
 6    associations   or   societies,   scientific   societies   and
 7    zoological  societies.  Cultural institution does not include
 8    any institution primarily engaged in religious  or  sectarian
 9    activities.
10        (w) The term "affiliate" means, with respect to financing
11    of  an  agricultural facility or an agribusiness, any lender,
12    any person, firm  or  corporation  controlled  by,  or  under
13    common  control  with,  such  lender, and any person, firm or
14    corporation controlling such lender.
15        (x) The term  "agricultural  facility"  means  land,  any
16    building  or  other  improvement  thereon or thereto, and any
17    personal properties deemed necessary  or  suitable  for  use,
18    whether  or  not  now in existence, in farming, ranching, the
19    production of agricultural  commodities  (including,  without
20    limitation,  the  products  of  aquaculture,  hydroponics and
21    silviculture) or the treating, processing or storing of  such
22    agricultural commodities when such activities are customarily
23    engaged in by farmers as a part of farming.
24        (y)  The  term  "lender"  with respect to financing of an
25    agricultural facility or an agribusiness, means  any  federal
26    or State chartered bank, Federal Land Bank, Production Credit
27    Association,   Bank   for   Cooperatives,  federal  or  State
28    chartered savings and loan association or building  and  loan
29    association,  Small  Business Investment Company or any other
30    institution qualified within  this  State  to  originate  and
31    service   loans,   including,   but  without  limitation  to,
32    insurance  companies,  credit  unions   and   mortgage   loan
33    companies. "Lender" also means a wholly owned subsidiary of a
34    manufacturer, seller or distributor of goods or services that
 
SB1075 Enrolled            -16-      LRB093 08352 JAM 08571 b
 1    makes loans to businesses or individuals, commonly known as a
 2    "captive finance company".
 3        (z)    The    term    "agribusiness"   means   any   sole
 4    proprietorship, limited  partnership,  co-partnership,  joint
 5    venture,  corporation  or  cooperative which operates or will
 6    operate a facility located within the State of Illinois  that
 7    is  related  to  the  processing  of agricultural commodities
 8    (including, without limitation, the products of  aquaculture,
 9    hydroponics   and   silviculture)   or   the   manufacturing,
10    production   or   construction   of  agricultural  buildings,
11    structures, equipment, implements, and supplies, or any other
12    facilities or  processes  used  in  agricultural  production.
13    Agribusiness includes but is not limited to the following:
14             (1)  grain  handling and processing, including grain
15        storage, drying,  treatment,  conditioning,  mailing  and
16        packaging;
17             (2) seed and feed grain development and processing;
18             (3)   fruit   and  vegetable  processing,  including
19        preparation, canning and packaging;
20             (4) processing of livestock and livestock  products,
21        dairy  products,  poultry  and  poultry products, fish or
22        apiarian   products,   including   slaughter,   shearing,
23        collecting, preparation, canning and packaging;
24             (5)    fertilizer    and    agricultural    chemical
25        manufacturing, processing, application and supplying;
26             (6)  farm   machinery,   equipment   and   implement
27        manufacturing and supplying;
28             (7)  manufacturing  and  supplying  of  agricultural
29        commodity  processing  machinery and equipment, including
30        machinery and equipment  used  in  slaughter,  treatment,
31        handling,  collecting,  preparation, canning or packaging
32        of agricultural commodities;
33             (8) farm building and farm structure  manufacturing,
34        construction and supplying;
 
SB1075 Enrolled            -17-      LRB093 08352 JAM 08571 b
 1             (9)   construction,  manufacturing,  implementation,
 2        supplying or servicing of irrigation, drainage  and  soil
 3        and water conservation devices or equipment;
 4             (10) fuel processing and development facilities that
 5        produce fuel from agricultural commodities or byproducts;
 6             (11)  facilities  and  equipment  for processing and
 7        packaging  agricultural  commodities   specifically   for
 8        export;
 9             (12)  facilities  and equipment for forestry product
10        processing   and    supplying,    including    sawmilling
11        operations,   wood  chip  operations,  timber  harvesting
12        operations, and manufacturing of prefabricated buildings,
13        paper, furniture or other goods from forestry products;
14             (13)  facilities  and  equipment  for  research  and
15        development of products, processes and equipment for  the
16        production,   processing,  preparation  or  packaging  of
17        agricultural commodities and byproducts.
18        (aa) The term "asset" with respect to  financing  of  any
19    agricultural  facility or any agribusiness, means, but is not
20    limited to  the  following:  cash  crops  or  feed  on  hand;
21    livestock held for sale; breeding stock; marketable bonds and
22    securities;   securities  not  readily  marketable;  accounts
23    receivable; notes receivable; cash invested in growing crops;
24    net cash value of life insurance;  machinery  and  equipment;
25    cars  and  trucks;  farm and other real estate including life
26    estates and personal residence; value of beneficial interests
27    in trusts; government  payments  or  grants;  and  any  other
28    assets.
29        (bb)  The  term  "liability" with respect to financing of
30    any agricultural facility or any agribusiness shall  include,
31    but  not be limited to the following: accounts payable; notes
32    or other  indebtedness  owed  to  any  source;  taxes;  rent;
33    amounts   owed  on  real  estate  contracts  or  real  estate
34    mortgages; judgments; accrued interest payable; and any other
 
SB1075 Enrolled            -18-      LRB093 08352 JAM 08571 b
 1    liability.
 2        (cc)  The  term  "Predecessor  Authorities"  means  those
 3    authorities as described in Section 845-75.
 4        (dd) The term "housing project" means a specific work  or
 5    improvement   undertaken   to  provide  residential  dwelling
 6    accommodations, including the  acquisition,  construction  or
 7    rehabilitation  of  lands, buildings and community facilities
 8    and in connection therewith to provide nonhousing  facilities
 9    which  are  part  of  the  housing  project,  including land,
10    buildings,  improvements,   equipment   and   all   ancillary
11    facilities  for  use  for  offices, stores, retirement homes,
12    hotels,  financial  institutions,   service,   health   care,
13    education,  recreation  or  research  establishments,  or any
14    other commercial purpose which are or are to be related to  a
15    housing development.

16        Section  801-15.  There  is hereby created a body politic
17    and corporate to be known as the Illinois Finance  Authority.
18    The  exercise  of  the  powers  conferred  by law shall be an
19    essential public function. The Authority shall consist of  15
20    members,  who  shall  be  appointed by the Governor, with the
21    advice and consent of the Senate. Upon the appointment of the
22    Board and every 2 years thereafter, the  chairperson  of  the
23    Authority  shall  be  selected  by  the  Governor to serve as
24    chairperson for two  years.  Appointments  to  the  Authority
25    shall  be persons of recognized ability and experience in one
26    or  more  of  the  following  areas:  economic   development,
27    finance,  banking,  industrial  development,  small  business
28    management,   real   estate   development,   housing,  health
29    facilities financing, local government  financing,  community
30    development,   venture   finance,   construction   and  labor
31    relations. At the time of  appointment,  the  Governor  shall
32    designate  5  members to serve until the third Monday in July
33    2005, 5 members to serve until the third Monday in July  2006
 
SB1075 Enrolled            -19-      LRB093 08352 JAM 08571 b
 1    and  5  members to serve until the third Monday in July 2007.
 2    Thereafter, appointments shall be for 3-year terms. A  member
 3    shall serve until his or her successor shall be appointed and
 4    have  qualified  for  office  by  filing  the  oath and bond.
 5    Members  of  the  Authority  shall   not   be   entitled   to
 6    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
 9    members. The Governor may remove any member of the  Authority
10    in  case  of incompetence, neglect of duty, or malfeasance in
11    office, after service on him of a copy of the written charges
12    against him and an opportunity to be publicly heard in person
13    or by counsel in his own defense upon not less than 10  days'
14    notice.  From  nominations  received  from  the Governor, the
15    members of the Authority shall appoint an Executive  Director
16    who shall be a person knowledgeable in the areas of financial
17    markets  and instruments, to hold office for a one-year term.
18    The Executive Director shall be the chief administrative  and
19    operational  officer  of  the  Authority and shall direct and
20    supervise its administrative affairs and  general  management
21    and  perform such other duties as may be prescribed from time
22    to time by the members and shall receive  compensation  fixed
23    by  the Authority. The Executive Director or any committee of
24    the members  may  carry  out  such  responsibilities  of  the
25    members  as  the  members  by  resolution  may  delegate. The
26    Executive  Director  shall  attend  all   meetings   of   the
27    Authority;  however,  no  action  of  the  Authority shall be
28    invalid on account of the absence of the  Executive  Director
29    from a meeting. The Authority may engage the services of such
30    other  agents and employees, including attorneys, appraisers,
31    engineers,   accountants,   credit   analysts    and    other
32    consultants, as it may deem advisable and may prescribe their
33    duties  and fix their compensation. The Authority may appoint
34    Advisory Councils to (1) assist in the formulation of  policy
 
SB1075 Enrolled            -20-      LRB093 08352 JAM 08571 b
 1    goals  and  objectives, (2) assist in the coordination of the
 2    delivery of services, (3) assist in establishment of  funding
 3    priorities  for  the various activities of the Authority, and
 4    (4) target  the  activities  of  the  Authority  to  specific
 5    geographic  regions.  There  may  be  an  Advisory Council on
 6    Economic Development. The Advisory Council shall  consist  of
 7    no  more  than 12 members, who shall serve at the pleasure of
 8    the Authority. Members of the Advisory Council shall  receive
 9    no compensation for their services, but may be reimbursed for
10    expenses incurred with their service on the Advisory Council.

11        Section  801-25. All official acts of the Authority shall
12    require the approval of at least 8 members. All  meetings  of
13    the Authority and the Advisory Councils shall be conducted in
14    accordance  with the Open Meetings Act. All meetings shall be
15    conducted at  a  single  location  within  this  State  among
16    members  physically  present  at  this  location. The Auditor
17    General shall conduct financial audits and program audits  of
18    the Authority, in accordance with the Illinois State Auditing
19    Act.

20        Section 801-30. The Authority possesses all the powers as
21    a  body  corporate necessary and convenient to accomplish the
22    purposes  of  this  Act,  including,  without  any   intended
23    limitation  upon  the  general  powers  hereby conferred, the
24    following:
25        (a)  to  enter  into  loans,  contracts,  agreements  and
26    mortgages in any manner connected with any of  its  corporate
27    purposes and to invest its funds;
28        (b) to sue and be sued;
29        (c)  to  employ  agents  and  employees  and  independent
30    contractors  necessary  to  carry out its purposes and to fix
31    their compensation, benefits  and  terms  and  conditions  of
32    their employment;
 
SB1075 Enrolled            -21-      LRB093 08352 JAM 08571 b
 1        (d)  to  have and use a common seal and to alter the same
 2    at pleasure;
 3        (e) to adopt all needful ordinances, resolutions, bylaws,
 4    rules and regulations for the conduct  of  its  business  and
 5    affairs  and  for  the  management  and  use  of the projects
 6    developed, constructed, acquired and improved in  furtherance
 7    of its purposes;
 8        (f) to have and exercise all powers and be subject to all
 9    duties otherwise necessary to effectuate the purposes of this
10    Act. If any of the powers set forth in this Act are exercised
11    within  the  jurisdictional  limits  of any municipality, all
12    ordinances of the municipality shall remain in full force and
13    effect and shall be controlling.

14        Section 801-40.  In  addition  to  the  powers  otherwise
15    authorized  by  law  and in addition to the foregoing general
16    corporate powers, the Authority shall also have the following
17    additional specific powers to be exercised in furtherance  of
18    the purposes of this Act.
19        (a)  The Authority shall have power (i) to accept grants,
20    loans or appropriations from the federal  government  or  the
21    State,  or  any agency or instrumentality thereof, to be used
22    for the operating expenses  of  the  Authority,  or  for  any
23    purposes  of  the  Authority,  including the making of direct
24    loans of such funds with respect to  projects,  and  (ii)  to
25    enter  into  any agreement with the federal government or the
26    State,  or  any  agency  or   instrumentality   thereof,   in
27    relationship to such grants, loans or appropriations.
28        (b)  The  Authority shall have power to procure and enter
29    into contracts  for  any  type  of  insurance  and  indemnity
30    agreements  covering  loss  or  damage  to  property from any
31    cause, including loss of use and occupancy, or  covering  any
32    other insurable risk.
33        (c)  The  Authority  shall  have  the continuing power to
 
SB1075 Enrolled            -22-      LRB093 08352 JAM 08571 b
 1    issue bonds for its corporate purposes. Bonds may  be  issued
 2    by  the  Authority  in one or more series and may provide for
 3    the payment of any interest deemed necessary on  such  bonds,
 4    of the costs of issuance of such bonds, of any premium on any
 5    insurance,  or  of  the  cost  of  any guarantees, letters of
 6    credit or  other  similar  documents,  may  provide  for  the
 7    funding  of  the reserves deemed necessary in connection with
 8    such bonds, and may provide  for  the  refunding  or  advance
 9    refunding  of  any  bonds or for accounts deemed necessary in
10    connection with any purpose of the Authority. The  bonds  may
11    bear interest payable at any time or times and at any rate or
12    rates,  notwithstanding  any  other  provision  of law to the
13    contrary, and such rate or rates may  be  established  by  an
14    index  or  formula which may be implemented or established by
15    persons appointed or retained therefor by the  Authority,  or
16    may bear no interest or may bear interest payable at maturity
17    or  upon  redemption prior to maturity, may bear such date or
18    dates, may be payable at such time or times and at such place
19    or places, may mature at any time or times not later than  40
20    years  from  the  date  of issuance, may be sold at public or
21    private sale at such time or  times  and  at  such  price  or
22    prices, may be secured by such pledges, reserves, guarantees,
23    letters  of  credit,  insurance  contracts  or  other similar
24    credit support or liquidity instruments, may be  executed  in
25    such  manner, may be subject to redemption prior to maturity,
26    may provide for the registration of the  bonds,  and  may  be
27    subject  to  such  other  terms  and conditions all as may be
28    provided by  the  resolution  or  indenture  authorizing  the
29    issuance  of  such  bonds. The holder or holders of any bonds
30    issued by the Authority may bring suits at law or proceedings
31    in equity to compel the performance  and  observance  by  any
32    person  or by the Authority or any of its agents or employees
33    of any contract or covenant made with  the  holders  of  such
34    bonds  and  to compel such person or the Authority and any of
 
SB1075 Enrolled            -23-      LRB093 08352 JAM 08571 b
 1    its agents or employees to perform any duties required to  be
 2    performed for the benefit of the holders of any such bonds by
 3    the  provision  of the resolution authorizing their issuance,
 4    and to enjoin such person or the Authority  and  any  of  its
 5    agents  or  employees from taking any action in conflict with
 6    any such contract or covenant. Notwithstanding the  form  and
 7    tenor  of  any  such  bonds and in the absence of any express
 8    recital on the face thereof that it  is  non-negotiable,  all
 9    such  bonds  shall  be  negotiable  instruments.  Pending the
10    preparation and execution of any such bonds, temporary  bonds
11    may  be issued as provided by the resolution. The bonds shall
12    be  sold  by  the  Authority  in  such  manner  as  it  shall
13    determine. The bonds  may  be  secured  as  provided  in  the
14    authorizing  resolution by the receipts, revenues, income and
15    other available funds of the Authority  and  by  any  amounts
16    derived  by  the  Authority  from the loan agreement or lease
17    agreement with respect to the project or projects; and  bonds
18    may be issued as general obligations of the Authority payable
19    from such revenues, funds and obligations of the Authority as
20    the  bond  resolution  shall  provide,  or  may  be issued as
21    limited obligations with a claim for payment solely from such
22    revenues, funds and obligations as the bond resolution  shall
23    provide.  The  Authority  may  grant  a  specific  pledge  or
24    assignment  of  and  lien  on  or  security  interest in such
25    rights, revenues, income, or amounts and may grant a specific
26    pledge or assignment of and lien on or security  interest  in
27    any reserves, funds or accounts established in the resolution
28    authorizing   the   issuance   of  bonds.  Any  such  pledge,
29    assignment, lien or security interest for the benefit of  the
30    holders  of  the Authority's bonds shall be valid and binding
31    from the time the  bonds  are  issued  without  any  physical
32    delivery  or  further  act, and shall be valid and binding as
33    against and prior to the claims of all other  parties  having
34    claims against the Authority or any other person irrespective
 
SB1075 Enrolled            -24-      LRB093 08352 JAM 08571 b
 1    of  whether  the  other  parties  have  notice of the pledge,
 2    assignment, lien or security interest. As  evidence  of  such
 3    pledge, assignment, lien and security interest, the Authority
 4    may   execute   and  deliver  a  mortgage,  trust  agreement,
 5    indenture or security agreement or an assignment  thereof.  A
 6    remedy  for  any  breach  or default of the terms of any such
 7    agreement by the Authority may be by mandamus proceedings  in
 8    any court of competent jurisdiction to compel the performance
 9    and  compliance therewith, but the agreement may prescribe by
10    whom or on whose behalf such action may be instituted. It  is
11    expressly  understood  that  the Authority may, but need not,
12    acquire title  to  any  project  with  respect  to  which  it
13    exercises its authority.
14        (d)  With  respect to the powers granted by this Act, the
15    Authority may adopt rules  and  regulations  prescribing  the
16    procedures  by  which  persons may apply for assistance under
17    this Act. Nothing herein shall  be  deemed  to  preclude  the
18    Authority,  prior  to  the  filing of any formal application,
19    from conducting preliminary  discussions  and  investigations
20    with  respect  to  the  subject  matter  of  any  prospective
21    application.
22        (e)   The  Authority  shall  have  power  to  acquire  by
23    purchase, lease, gift or otherwise  any  property  or  rights
24    therein  from  any  person  useful  for its purposes, whether
25    improved for the purposes  of  any  prospective  project,  or
26    unimproved.  The  Authority  may  also accept any donation of
27    funds for its purposes from any such  source.  The  Authority
28    shall  have  no  independent  power  of  condemnation but may
29    acquire  any  property  or  rights  therein   obtained   upon
30    condemnation  by  any other authority, governmental entity or
31    unit of local government with such power.
32        (f) The Authority shall have power to develop,  construct
33    and  improve  either  under  its  own  direction,  or through
34    collaboration with any  approved  applicant,  or  to  acquire
 
SB1075 Enrolled            -25-      LRB093 08352 JAM 08571 b
 1    through  purchase  or  otherwise, any project, using for such
 2    purpose the proceeds derived from the sale of  its  bonds  or
 3    from  governmental  loans or grants, and to hold title in the
 4    name of the Authority to such projects.
 5        (g) The Authority shall have power to lease pursuant to a
 6    lease agreement any project so developed and  constructed  or
 7    acquired  to the approved tenant on such terms and conditions
 8    as may be appropriate to further the purposes of this Act and
 9    to maintain the credit of the Authority. Any such  lease  may
10    provide  for  either  the Authority or the approved tenant to
11    assume  initially,  in  whole  or  in  part,  the  costs   of
12    maintenance,  repair  and  improvements  during the leasehold
13    period. In no case, however, shall the total rentals from any
14    project during any initial leasehold period or the total loan
15    repayments to be made pursuant to any loan agreement, be less
16    than an amount necessary to return over such  lease  or  loan
17    period   (1)  all  costs  incurred  in  connection  with  the
18    development, construction, acquisition or improvement of  the
19    project  and for repair, maintenance and improvements thereto
20    during the period of the lease or  loan;  provided,  however,
21    that  the  rentals  or loan repayments need not include costs
22    met through the use of funds other than those obtained by the
23    Authority through the issuance of its bonds  or  governmental
24    loans; (2) a reasonable percentage additive to be agreed upon
25    by  the  Authority  and  the  borrower  or  tenant to cover a
26    properly  allocable  portion  of  the   Authority's   general
27    expenses,  including,  but  not  limited  to,  administrative
28    expenses,  salaries  and general insurance, and (3) an amount
29    sufficient to pay when due all  principal  of,  interest  and
30    premium,  if  any  on, any bonds issued by the Authority with
31    respect to the project. The portion of total rentals  payable
32    under clause (3) of this subsection (g) shall be deposited in
33    such   special   accounts,   including   all  sinking  funds,
34    acquisition or construction funds,  debt  service  and  other
 
SB1075 Enrolled            -26-      LRB093 08352 JAM 08571 b
 1    funds  as  provided  by  any  resolution,  mortgage  or trust
 2    agreement of the Authority pursuant  to  which  any  bond  is
 3    issued.
 4        (h)  The Authority has the power, upon the termination of
 5    any leasehold period of any project, to sell or lease  for  a
 6    further  term  or  terms  such  project  on  such  terms  and
 7    conditions   as  the  Authority  shall  deem  reasonable  and
 8    consistent with the purposes of the  Act.  The  net  proceeds
 9    from  all  such  sales  and  the revenues or income from such
10    leases shall be used  to  satisfy  any  indebtedness  of  the
11    Authority with respect to such project and any balance may be
12    used  to pay any expenses of the Authority or be used for the
13    further development, construction, acquisition or improvement
14    of projects. In the event any project is vacated by a  tenant
15    prior to the termination of the initial leasehold period, the
16    Authority  shall  sell or lease the facilities of the project
17    on the most advantageous terms available. The net proceeds of
18    any such disposition shall be treated in the same  manner  as
19    the proceeds from sales or the revenues or income from leases
20    subsequent  to  the  termination  of  any  initial  leasehold
21    period.
22        (i)  The  Authority shall have the power to make loans to
23    persons to finance a project, to enter into  loan  agreements
24    with  respect  thereto, and to accept guarantees from persons
25    of its loans or the resultant evidences of obligations of the
26    Authority.
27        (j) The Authority may fix, determine, charge and  collect
28    any  premiums,  fees, charges, costs and expenses, including,
29    without limitation, any application  fees,  commitment  fees,
30    program  fees, financing charges or publication fees from any
31    person in connection with its activities under this Act.
32        (k) In addition to  the  funds  established  as  provided
33    herein,  the  Authority  shall  have  the power to create and
34    establish such reserve funds and accounts as may be necessary
 
SB1075 Enrolled            -27-      LRB093 08352 JAM 08571 b
 1    or desirable to accomplish its purposes under this Act and to
 2    deposit its available monies into the funds and accounts.
 3        (l) At the request of the governing body of any  unit  of
 4    local  government, the Authority is authorized to market such
 5    local government's revenue bond offerings by  preparing  bond
 6    issues  for sale, advertising for sealed bids, receiving bids
 7    at its offices, making the award to the  bidder  that  offers
 8    the   most   favorable  terms  or  arranging  for  negotiated
 9    placements or underwritings of such securities. The Authority
10    may, at its discretion, offer for concurrent sale the revenue
11    bonds of several local governments. Sales by the Authority of
12    revenue bonds under this Section shall in no way imply  State
13    guarantee  of such debt issue. The Authority may require such
14    financial information from participating local governments as
15    it deems necessary in order to carry out the purposes of this
16    subsection (1).
17        (m) The Authority may make grants to any county to  which
18    Division 5-37 of the Counties Code is applicable to assist in
19    the   financing  of  capital  development,  construction  and
20    renovation of new or existing facilities  for  hospitals  and
21    health  care  facilities under that Act. Such grants may only
22    be made from funds appropriated for such  purposes  from  the
23    Build Illinois Bond Fund or the Build Illinois Purposes Fund.
24        (n)  The  Authority  may  establish  an urban development
25    action  grant  program   for   the   purpose   of   assisting
26    municipalities  in  Illinois  which  are  experiencing severe
27    economic distress  to  help  stimulate  economic  development
28    activities  needed to aid in economic recovery. The Authority
29    shall determine the types  of  activities  and  projects  for
30    which  the  urban  development  action  grants  may  be used,
31    provided  that  such  projects  and  activities  are  broadly
32    defined to include all reasonable projects and activities the
33    primary objectives of which are  the  development  of  viable
34    urban  communities,  including  decent housing and a suitable
 
SB1075 Enrolled            -28-      LRB093 08352 JAM 08571 b
 1    living environment, and expansion  of  economic  opportunity,
 2    principally  for  persons  of  low  and moderate incomes. The
 3    Authority shall  enter  into  grant  agreements  from  monies
 4    appropriated  for  such purposes from the Build Illinois Bond
 5    Fund or the Build Illinois Purposes Fund. The Authority shall
 6    monitor the use of the grants, and shall provide  for  audits
 7    of  the  funds  as  well  as recovery by the Authority of any
 8    funds determined to have been  spent  in  violation  of  this
 9    subsection   (n)   or  any  rule  or  regulation  promulgated
10    hereunder. The Authority shall provide  technical  assistance
11    with  regard  to  the  effective use of the urban development
12    action grants. The Authority shall file an annual  report  to
13    the  General  Assembly  concerning  the progress of the grant
14    program.
15        (o) The Authority may  establish  a  Housing  Partnership
16    Program whereby the Authority provides zero-interest loans to
17    municipalities  for the purpose of assisting in the financing
18    of projects for the rehabilitation of affordable multi-family
19    housing for low and moderate income residents. The  Authority
20    may  provide  such loans only upon a municipality's providing
21    evidence  that  it  has  obtained  private  funding  for  the
22    rehabilitation project. The Authority shall provide  3  State
23    dollars for every 7 dollars obtained by the municipality from
24    sources  other than the State of Illinois. The loans shall be
25    made from monies appropriated for such purpose from the Build
26    Illinois Bond Fund or the Build Illinois Purposes  Fund.  The
27    total amount of loans available under the Housing Partnership
28    Program shall not exceed $30,000,000. State loan monies under
29    this  subsection  shall  be used only for the acquisition and
30    rehabilitation of existing buildings  containing  4  or  more
31    dwelling   units.   The   terms  of  any  loan  made  by  the
32    municipality under this subsection shall require repayment of
33    the loan to the municipality upon any sale or other  transfer
34    of the project.
 
SB1075 Enrolled            -29-      LRB093 08352 JAM 08571 b
 1        (p)  The  Authority  may award grants to universities and
 2    research  institutions,  research   consortiums   and   other
 3    not-for-profit  entities  for  the purposes of: remodeling or
 4    otherwise physically altering existing laboratory or research
 5    facilities,  expansion  or  physical  additions  to  existing
 6    laboratory  or  research  facilities,  construction  of   new
 7    laboratory  or  research  facilities or acquisition of modern
 8    equipment  to  support  laboratory  or  research   operations
 9    provided  that  such  grants (i) be used solely in support of
10    project and equipment acquisitions which  enhance  technology
11    transfer, and (ii) not constitute more than 60 percent of the
12    total project or acquisition cost.
13        (q)  Grants  may  be awarded by the Authority to units of
14    local  government  for  the   purpose   of   developing   the
15    appropriate  infrastructure  or  defraying other costs to the
16    local  government  in  support  of  laboratory  or   research
17    facilities  provided  that  such grants may not exceed 40% of
18    the cost to the unit of local government.
19        (r) The Authority may establish a Direct Loan Program  to
20    make  loans  to individuals, partnerships or corporations for
21    the purpose of an industrial project, as defined  in  Section
22    801-10  of this Act. For the purposes of such program and not
23    by way of limitation on any other program of  the  Authority,
24    the  Authority shall have the power to issue bonds, notes, or
25    other evidences of indebtedness  including  commercial  paper
26    for purposes of providing a fund of capital from which it may
27    make  such  loans.  The Authority shall have the power to use
28    any appropriations from the State  made  especially  for  the
29    Authority's  Direct  Loan  Program  for additional capital to
30    make such loans or for  the  purposes  of  reserve  funds  or
31    pledged  funds  which  secure  the Authority's obligations of
32    repayment of any bond, note or  other  form  of  indebtedness
33    established for the purpose of providing capital for which it
34    intends to make such loans under the Direct Loan Program. For
 
SB1075 Enrolled            -30-      LRB093 08352 JAM 08571 b
 1    the purpose of obtaining such capital, the Authority may also
 2    enter  into  agreements with financial institutions and other
 3    persons for the purpose of selling  loans  and  developing  a
 4    secondary  market for such loans. Loans made under the Direct
 5    Loan Program may be in an amount not to exceed  $300,000  and
 6    shall  be  made  for a portion of an industrial project which
 7    does not exceed 50% of the total project. No loan may be made
 8    by the Authority unless approved by the affirmative  vote  of
 9    at  least  8  members  of  the  board.  The  Authority  shall
10    establish  procedures  and  publish rules which shall provide
11    for the submission, review, and analysis of each direct  loan
12    application  and  which  shall  preserve  the ability of each
13    board  member  to  reach  an  individual  business   judgment
14    regarding  the  propriety  of  making  each  direct loan. The
15    collective discretion of the board to approve  or  disapprove
16    each  loan shall be unencumbered. The Authority may establish
17    and collect such fees and charges, determine and enforce such
18    terms and conditions, and charge such interest  rates  as  it
19    determines  to be necessary and appropriate to the successful
20    administration of the Direct Loan Program. The Authority  may
21    require  such  interests in collateral and such guarantees as
22    it  determines  are  necessary  to  project  the  Authority's
23    interest in the repayment of the principal  and  interest  of
24    each loan made under the Direct Loan Program.
25        (s)  The  Authority  may guarantee private loans to third
26    parties up to a specified dollar amount in order  to  promote
27    economic development in this State.
28        (t)  The Authority may adopt rules and regulations as may
29    be necessary or advisable to implement the  powers  conferred
30    by this Act.
31        (u)  The  Authority  shall have the power to issue bonds,
32    notes or other evidences of indebtedness, which may  be  used
33    to  make  loans  to  units  of  local  government  which  are
34    authorized  to enter into loan agreements and other documents
 
SB1075 Enrolled            -31-      LRB093 08352 JAM 08571 b
 1    and to issue bonds, notes and other evidences of indebtedness
 2    for the purpose of financing the protection  of  storm  sewer
 3    outfalls,  the construction of adequate storm sewer outfalls,
 4    and the provision for flood  protection  of  sanitary  sewage
 5    treatment   plans,   in  counties  that  have  established  a
 6    stormwater management planning committee in  accordance  with
 7    Section  5-1062  of the Counties Code. Any such loan shall be
 8    made by the Authority pursuant to the provisions  of  Section
 9    820-5  to  820-60  of  this Act. The unit of local government
10    shall pay back to the Authority the principal amount  of  the
11    loan,  plus  annual  interest as determined by the Authority.
12    The Authority shall have the power, subject to appropriations
13    by the General Assembly, to subsidize or buy down  a  portion
14    of the interest on such loans, up to 4% per annum.
15        (v)  The  Authority  may  accept  security  interests  as
16    provided  in  Sections 11-3 and 11-3.3 of the Illinois Public
17    Aid Code.
18        (w) Moral Obligation. In the  event  that  the  Authority
19    determines   that   monies  of  the  Authority  will  not  be
20    sufficient for the payment of the principal of  and  interest
21    on   its  bonds  during  the  next  State  fiscal  year,  the
22    Chairperson, as soon as practicable,  shall  certify  to  the
23    Governor the amount required by the Authority to enable it to
24    pay such principal of and interest on the bonds. The Governor
25    shall  submit the amount so certified to the General Assembly
26    as soon as practicable, but no later  than  the  end  of  the
27    current  State  fiscal year. This subsection shall apply only
28    to any bonds or notes as to which the  Authority  shall  have
29    determined, in the resolution authorizing the issuance of the
30    bonds  or  notes,  that this subsection shall apply. Whenever
31    the Authority makes such a determination, that fact shall  be
32    plainly  stated  on  the  face of the bonds or notes and that
33    fact shall also be reported to the Governor. In the event  of
34    a  withdrawal  of moneys from a reserve fund established with
 
SB1075 Enrolled            -32-      LRB093 08352 JAM 08571 b
 1    respect to any issue or issues of bonds of the  Authority  to
 2    pay  principal or interest on those bonds, the Chairperson of
 3    the Authority, as soon as practicable, shall certify  to  the
 4    Governor  the  amount required to restore the reserve fund to
 5    the level required in the resolution  or  indenture  securing
 6    those   bonds.  The  Governor  shall  submit  the  amount  so
 7    certified to the General Assembly as soon as practicable, but
 8    no later than the end of the current State fiscal  year.  The
 9    Authority shall obtain written approval from the Governor for
10    any  bonds  and  notes  to  be  issued under this Section. In
11    addition to any other bonds authorized  to  be  issued  under
12    Sections  825-60,  825-65(e), 830-25 and 845-5, the principal
13    amount of  Authority  bonds  outstanding  issued  under  this
14    Section  801-40(w)  or  under  20  ILCS  3850/1-80 or 30 ILCS
15    360/2-6(c), which have been assumed by the  Authority,  shall
16    not exceed $150,000,000.

17        Section  801-45.  Property  Taxation. The property of the
18    Authority and its respective income and operations, shall  be
19    exempt from taxation.

20                             ARTICLE 805
21               INDUSTRIAL REVENUE BOND INSURANCE FUND

22        Section  805-5. Findings and Declaration of Policy. It is
23    hereby found and declared that a continuing  need  exists  to
24    maintain  and  develop  the  State's  economy; that there are
25    significant barriers in the capital  markets  inhibiting  the
26    issuance  by  the  Authority  of  industrial revenue bonds to
27    assist  in  financing  industrial  projects  in  the   State,
28    particularly for smaller firms; and that the establishment of
29    the  Industrial  Revenue Bond Insurance Fund and the exercise
30    by the Authority of the powers granted in this  Article  will
31    promote  economic  development by widening the market for the
 
SB1075 Enrolled            -33-      LRB093 08352 JAM 08571 b
 1    Authority's revenue bonds.

 2        Section  805-10.  Definitions.   The   following   terms,
 3    whenever  used or referred to in this Article, shall have the
 4    following meanings ascribed to them, except where the context
 5    clearly requires otherwise:
 6        (a) "Financial Institution" means a financial institution
 7    which is a trust company, a bank, a savings  bank,  a  credit
 8    union,  an  investment bank, a broker, an investment trust, a
 9    pension fund, a building and loan association, a savings  and
10    loan   association,   an  insurance  company,  or  any  other
11    institution acceptable to the  Authority,  authorized  to  do
12    business in the State and approved by the Authority to insure
13    bonds  or  loans  for  industrial projects authorized by this
14    Act.
15        (b) "Participating lender" means any trust company, bank,
16    savings  bank,  credit  union,   investment   bank,   broker,
17    investment   trust,   pension   fund,   building   and   loan
18    association,  savings and loan association, insurance company
19    or other institution approved by the Authority which  assumes
20    a  portion of the risk on a loan for an industrial project as
21    provided in Section 805-30 of this Act.

22        Section 805-15. Industrial Project Insurance Fund.  There
23    is  created  the Industrial Project Insurance Fund, hereafter
24    referred to in Sections 805-15 through 805-50 of this Act  as
25    the  "Fund".  The  Treasurer  shall have custody of the Fund,
26    which shall be held outside of  the  State  treasury,  except
27    that  custody  may  be  transferred  to and held by any bank,
28    trust company or other  fiduciary  with  whom  the  Authority
29    executes  a trust agreement as authorized by paragraph (h) of
30    Section 805-20 of this Act. Any portion of the  Fund  against
31    which  a  charge has been made, shall be held for the benefit
32    of the holders of the loans or bonds  insured  under  Section
 
SB1075 Enrolled            -34-      LRB093 08352 JAM 08571 b
 1    805-20 of this Act. There shall be deposited in the Fund such
 2    amounts, including but not limited to:
 3        (a) All receipts of bond and loan insurance premiums;
 4        (b) All proceeds of assets of whatever nature received by
 5    the  Authority  as  a  result  of default or delinquency with
 6    respect to insured loans  or  bonds  with  respect  to  which
 7    payments  from  the  Fund  have been made, including proceeds
 8    from the sale, disposal, lease or rental of real or  personal
 9    property which the Authority may receive under the provisions
10    of  this  Article  but  excluding  the  proceeds of insurance
11    hereunder;
12        (c)  All  receipts  from  any  applicable   contract   or
13    agreement  entered  into by the Authority under paragraph (b)
14    of Section 805-20 of this Act;
15        (d)    Any    State    appropriations,    transfers    of
16    appropriations,  or  transfers  of  general  obligation  bond
17    proceeds or other monies made available to the Fund.  Amounts
18    in  the  Fund shall be used in accordance with the provisions
19    of this Article to satisfy any valid insurance claim  payable
20    therefrom and may be used for any other purpose determined by
21    the  Authority  in  accordance  with  insurance  contract  or
22    contracts  with  financial institutions entered into pursuant
23    to this Act,  including  without  limitation  protecting  the
24    interest  of  the  Authority  in  industrial  projects during
25    periods of loan delinquency or upon loan default through  the
26    purchase of industrial projects in foreclosure proceedings or
27    in  lieu  of  foreclosure  or  through  any other means. Such
28    amounts may also be used  to  pay  administrative  costs  and
29    expenses reasonably allocable to the activities in connection
30    with  the  Fund  and  to  pay  taxes, maintenance, insurance,
31    security and any other costs and  expenses  of  bidding  for,
32    acquiring,  owning,  carrying  and  disposing  of  industrial
33    projects  which  were  financed  with the proceeds of insured
34    bonds or loans. In the case of  a  default  in  payment  with
 
SB1075 Enrolled            -35-      LRB093 08352 JAM 08571 b
 1    respect  to any loan, mortgage or other agreement so insured,
 2    the amount of the default shall immediately, and at all times
 3    during the continuance of such default,  and  to  the  extent
 4    provided  in any applicable agreement, constitute a charge on
 5    the Fund. Any amounts in the Fund  not  currently  needed  to
 6    meet  the obligations of the Fund may be invested as provided
 7    by law in obligations designated by the  Authority,  and  all
 8    income  from  such investments shall become part of the Fund.
 9    In making such investments, the Authority shall act with  the
10    care,  skill,  diligence and prudence under the circumstances
11    of a prudent person acting in a like capacity in the  conduct
12    of  an  enterprise  of  like character and with like aims. It
13    shall diversify such investments of the Authority  so  as  to
14    minimize   the   risk  of  large  losses,  unless  under  the
15    circumstances it is clearly not prudent to do so. Any amounts
16    in the Fund not needed to meet the obligations  of  the  Fund
17    may be transferred to the Credit Enhancement Development Fund
18    of the Authority pursuant to resolution of the members of the
19    Authority.

20        Section  805-20.  Powers  and  Duties; Industrial Project
21    Insurance Program. The Authority has the power:
22        (a) To insure and make advance commitments to insure  all
23    or any part of the payments required on the bonds issued or a
24    loan  made  to  finance  any environmental facility under the
25    Illinois Environmental Facilities Financing Act  or  for  any
26    industrial  project  upon  such  terms  and conditions as the
27    Authority may prescribe in accordance with this Article.  The
28    insurance  provided  by the Authority shall be payable solely
29    from the  Fund  created  by  Section  805-15  and  shall  not
30    constitute  a  debt or pledge of the full faith and credit of
31    the  State,  the  Authority,  or  any  political  subdivision
32    thereof;
33        (b) To enter into insurance contracts, letters of  credit
 
SB1075 Enrolled            -36-      LRB093 08352 JAM 08571 b
 1    or   any   other   agreements  or  contracts  with  financial
 2    institutions with respect to the Fund and any bonds or  loans
 3    insured  thereunder.  Any  such  agreement  or  contract  may
 4    contain  terms  and  provisions  necessary  or  desirable  in
 5    connection  with  the  program,  subject  to the requirements
 6    established by this Act, including without  limitation  terms
 7    and  provisions  relating  to  loan documentation, review and
 8    approval procedures, origination  and  servicing  rights  and
 9    responsibilities,    default   conditions,   procedures   and
10    obligations with respect to insurance  contracts  made  under
11    this  Act.  The agreements or contracts may be executed on an
12    individual, group or master  contract  basis  with  financial
13    institutions;
14        (c)  To  charge  reasonable  fees  to  defray the cost of
15    obtaining letters of credit or other similar documents, other
16    than insurance contracts under paragraph (b). Any  such  fees
17    shall  be payable by such person, in such amounts and at such
18    times as the Authority shall determine, and the amount of the
19    fees need not be uniform among the  various  bonds  or  loans
20    insured;
21        (d)  To  fix  insurance  premiums  for  the  insurance of
22    payments under the provisions of this Article. Such  premiums
23    shall  be  computed  as  determined  by  the  Authority.  Any
24    premiums  for  the  insurance  of  loan  payments  under  the
25    provisions  of  this  Act shall be payable by such person, in
26    such amounts  and  at  such  times  as  the  Authority  shall
27    determine, and the amount of the premiums need not be uniform
28    among the various bonds or loans insured;
29        (e)   To   establish   application   fees  and  prescribe
30    application,  notification,  contract  and  insurance  forms,
31    rules and regulations it deems necessary or appropriate;
32        (f) To make loans and to issue bonds secured by insurance
33    or other agreements authorized by paragraphs (a) and  (b)  of
34    this  Section 805-20 and to issue bonds secured by loans that
 
SB1075 Enrolled            -37-      LRB093 08352 JAM 08571 b
 1    are guaranteed by the federal government or agencies thereof;
 2        (g) To issue a single bond issue, or  a  series  of  bond
 3    issues,  for  a  group  of  industrial  projects,  a group of
 4    corporations,  or  a  group  of  business  entities  or   any
 5    combination  thereof  insured  by  insurance or backed by any
 6    other agreement authorized by paragraphs (a) and (b) of  this
 7    Section  or  secured  by  loans  that  are  guaranteed by the
 8    federal government or agencies thereof;
 9        (h) To enter into trust agreements for the management  of
10    the Fund created under Section 805-15 of this Act; and
11        (i)  To  exercise  such  other powers as are necessary or
12    incidental to the foregoing.

13        Section    805-25.     Insurance     Contracts;     Claim
14    Responsibility.   Any  contract  of  insurance  made  by  the
15    Authority with a lender or  bondholder  or  for  the  benefit
16    thereof  under  this  Act  shall  provide that claims payable
17    under such contract shall be paid from any amounts  available
18    in the Fund and from any amounts available under the terms of
19    any  applicable  contract  or  agreement with other financial
20    institutions, in such order  of  priority  as  the  Authority
21    shall  deem  appropriate.  The obligation of the Authority to
22    make payments under any such contract shall be limited solely
23    to the amounts  provided  in  such  contract  and  shall  not
24    constitute a debt or liability of the State, the Authority or
25    any  subdivision  thereof.  Any  insurance  contract or other
26    agreement with a lender or  bondholder  or  for  the  benefit
27    thereof   and   any  rule  or  regulation  of  the  Authority
28    implementing the insurance program  may  contain  such  other
29    terms,  provisions  or  conditions  as  the  Authority  deems
30    necessary  or  appropriate,  including,  without  limitation,
31    those  relating  to  the  payment  of insurance premiums, the
32    giving of notice, claim procedures, the  sources  of  payment
33    for claims, the priority of competing claims for payment, the
 
SB1075 Enrolled            -38-      LRB093 08352 JAM 08571 b
 1    release   or   termination  of  loan  security  and  borrower
 2    liability,  the  timing  of  payment,  the  maintenance   and
 3    disposition  of  industrial  projects  and the use of amounts
 4    received during periods of delinquency or upon  default,  and
 5    any other provisions concerning the rights of insured parties
 6    or conditions to the payment of insurance claims.

 7        Section   805-30.  Applications  for  Insured  Industrial
 8    Project  Loans;  Procedures.  Applications  received  by  the
 9    Authority shall be forwarded to  a  credit  review  committee
10    consisting  of  3 persons experienced in industrial financing
11    selected by the Authority for a review and report  concerning
12    the  advisability  of  approving  the proposed insurance. The
13    review and report shall include  facts  about  the  company's
14    history,   job   opportunities,   stability   of  employment,
15    financial condition and structure, income statements,  market
16    prospects and management, and any other facts material to the
17    insurance  request.  The  report  shall  include  a  reasoned
18    opinion  as  to whether providing the insurance would tend to
19    fulfill the purposes  of  the  Authority  and  the  insurance
20    program. The report shall be advisory in nature only. Payment
21    shall be made to the members of the committee selected by the
22    Authority  on a reasonable consultant basis, as the Authority
23    may determine. The credit review committee shall be  of  such
24    composition,  act for such time and have such powers as shall
25    be specified in the agreement or agreements establishing  its
26    existence  and, to the extent so specified, shall act for the
27    Authority  in  matters  concerning  the   insurance   program
28    authorized  by Sections 805-5 through 805-45 of this Act. The
29    Authority shall, on the basis of the application, the  report
30    of  the  credit review committee, the information provided by
31    the local or regional industrial development agency, and  any
32    other  appropriate  information,  prepare a report concerning
33    the creditworthiness  of  the  proposed  borrower,  the  loan
 
SB1075 Enrolled            -39-      LRB093 08352 JAM 08571 b
 1    record  of the participating lender, the financial commitment
 2    of the participating lender, the manner in which the proposed
 3    industrial project will advance the economy of the State  and
 4    the  soundness of the proposed loan. The Fund, or any portion
 5    thereof against which a charge has been made, shall  be  held
 6    for  the benefit of the holders of the bonds or loans insured
 7    under Section 805-20 of this Act, as  provided  by  agreement
 8    between  the  Authority and such holders. The Authority shall
 9    be satisfied that the Fund is protected by adequate  security
10    on all bonds or loans insured by the Authority.

11        Section 805-35. Loan Approval Standards. Before approving
12    any  bond  or  loan  insurance  under this Act, the Authority
13    shall find that any loan insured by or to be  made  from  the
14    proceeds  of  bonds  insured  by the Authority under this Act
15    shall:
16        (a)  Be  made  for   an   industrial   project   or   any
17    environmental   facility  under  the  Illinois  Environmental
18    Facilities Financing Act;
19        (b) Be made to a borrower approved by  the  Authority  as
20    responsible and creditworthy;
21        (c)  Be  reviewed  for  insurance  by  the  credit review
22    committee established by the Authority pursuant to this Act;
23        (d) In the case of real property, be secured by  a  first
24    mortgage   on   the   property,  or  by  any  other  security
25    satisfactory to the Authority to secure payment of the loans,
26    and have a maturity date not later than 25  years  after  the
27    date of the loan;
28        (e) In the case of machinery and equipment, be secured by
29    a  first security interest in the machinery and equipment, or
30    by any other security satisfactory to the Authority to secure
31    payment of the loan, and have a maturity date not later  than
32    12 years from the date of the loan;
33        (f) Contain complete amortization provisions satisfactory
 
SB1075 Enrolled            -40-      LRB093 08352 JAM 08571 b
 1    to the Authority;
 2        (g)  Be  in  such  principal amount and form, and contain
 3    such terms and provisions with respect to property insurance,
 4    repairs,  alterations,  payment  of  taxes  and  assessments,
 5    delinquency charges, default  remedies,  additional  security
 6    and other matters as the Authority shall determine;
 7        (h)   Be  made  only  after  the  Authority  has  made  a
 8    determination that, in its sole opinion,  the  loan  has  the
 9    potential  to  provide  or  retain  substantial employment in
10    relation to the principal amount of the loan to  be  insured,
11    which  employment,  so far as feasible, may be expected to be
12    of residents of areas of critical labor surplus;
13        (i)  Be  made  only  after  the  Authority  has  made   a
14    determination  that,  in its sole opinion, adequate provision
15    is being or will be made to meet any  increased  demand  upon
16    community  public facilities that will likely result from the
17    project; and
18        (j)  Be  made  only  after  the  Authority  has  made   a
19    determination  that, in its sole opinion, the public interest
20    is adequately protected by the terms of the loan and  of  the
21    insurance  contract  or  other  agreements.  Any  contract of
22    insurance executed by the Authority under this Act  shall  be
23    conclusive  evidence  of  eligibility for such insurance, and
24    the validity of any contract of insurance so executed  or  of
25    an advance commitment to insure shall be incontestable in the
26    hands  of a borrower or bondholder from the date of execution
27    and delivery of the contract or commitment, except for fraud,
28    or misrepresentation on the part of the borrower and,  as  to
29    commitments  to  insure, noncompliance with the commitment or
30    Authority rules or  regulations  in  force  at  the  time  of
31    issuance  of  the  commitment.  Nothing  in this Act shall be
32    construed as creating  any  rights  of  a  competitor  of  an
33    approved  borrower  or  any  applicant  whose  application is
34    denied by the Authority to challenge any application which is
 
SB1075 Enrolled            -41-      LRB093 08352 JAM 08571 b
 1    accepted by the Authority and any loan, contract of insurance
 2    or other agreement executed in connection therewith.

 3        Section 805-40.  Investments  in  Insured  Debts  of  the
 4    Authority.  The  State  and  all counties, municipalities and
 5    other public corporations, political subdivisions and  public
 6    bodies,  and  public  officers  of  any  thereof,  all banks,
 7    bankers, trust companies,  savings  banks  and  institutions,
 8    building    and   loan   associations,   savings   and   loan
 9    associations, investment companies and other persons carrying
10    on a banking business,  all  insurance  companies,  insurance
11    associations  and  other  persons  carrying  on  an insurance
12    business  and  all  executors,   administrators,   guardians,
13    trustees and other fiduciaries may legally invest any sinking
14    funds,  moneys  or  other  funds  belonging to them or within
15    their control in any bonds,  loans  or  extension  of  credit
16    which  are the subject of insurance pursuant to this Article,
17    it being  the  purpose  of  this  Section  to  authorize  the
18    investment of such bonds, loans or extension of credit of all
19    sinking,  insurance,  retirement,  compensation,  pension and
20    trust funds, whether owned or controlled by private or public
21    persons  or  officers;  provided,   however,   that   nothing
22    contained  in  this Section may be construed as relieving any
23    persons from  any  duty  of  exercising  reasonable  care  in
24    selecting  securities  for  purchase or investment. The bonds
25    and any loan or extension of credit which are the subject  of
26    insurance  pursuant  to  this  Article  are  also hereby made
27    securities which may properly and legally be  deposited  with
28    and  received  by all public officers and bodies of the State
29    or any agency  or  political  subdivisions  thereof  and  all
30    municipalities  and  public  corporations for any purpose for
31    which the deposit  of  bonds  is  now  or  may  hereafter  be
32    authorized by law.
 
SB1075 Enrolled            -42-      LRB093 08352 JAM 08571 b
 1        Section   805-45.   Cooperation   with  Local  Industrial
 2    Development  Agencies.  When  the   Authority   receives   an
 3    application  from a potential insured loan borrower, it shall
 4    promptly notify the local industrial  development  agency  of
 5    that  fact  in  writing  if  such  an  agency  exists  in the
 6    municipality or  county  where  such  industrial  project  is
 7    proposed to be financed; or the corporate authorities in such
 8    municipality where no such agency exists. The Authority shall
 9    provide  the  local  industrial  development  agency with any
10    available information that the  agency  needs  to  prepare  a
11    recommendation  concerning the advisability of the industrial
12    project and  its  impact,  economic  and  otherwise,  on  the
13    community  and  the  State.  Such application shall include a
14    written authorization by the applicant that such notification
15    and  information  be  made  available  to  such   agency   or
16    municipality  to  the  extent  that  such  information is not
17    deemed to be confidential under Section 805-50 of  this  Act.
18    The  Authority  shall  not consider any application that does
19    not include such written authorization. The  Authority  shall
20    encourage   financial   participation   by  local  industrial
21    development agencies  by  giving  priority  consideration  to
22    insured loan applicants from areas serviced by those agencies
23    that have demonstrated a commitment to economic development.

24        Section  805-50.  Documentary  material  concerning trade
25    secrets;     Commercial     or     financial     information;
26    Confidentiality. Any documentary materials or  data  made  or
27    received  by  any member, agent, or employee of the Authority
28    or the credit review committees,  to  the  extent  that  such
29    materials  or  data  consist  of trade secrets, commercial or
30    financial  information  regarding  the   operation   of   any
31    enterprise  conducted  by  an applicant for, or recipient of,
32    any form of assistance which the Authority  is  empowered  to
33    render  under  this  Article,  or  regarding  the competitive
 
SB1075 Enrolled            -43-      LRB093 08352 JAM 08571 b
 1    position  of  such  enterprise  in  a  particular  field   of
 2    endeavor, shall not be deemed public records.

 3                             ARTICLE 810
 4                       VENTURE INVESTMENT FUND

 5        Section  810-5. Findings and Declaration of Policy. It is
 6    hereby found and declared that a continuing  need  exists  to
 7    maintain  and develop the State's economy; that assisting and
 8    encouraging economic development through  private  enterprise
 9    will  help to create and maintain employment and governmental
10    revenues and is an important function of the State; that  the
11    availability  of  seed  capital  and  equity  capital  is  an
12    important  inducement  to  enterprises  to remain, locate and
13    expand in the State; that there exists in the State  gaps  in
14    the   availability   of   capital  for  the  development  and
15    exploitation of new  technologies,  products,  processes  and
16    inventions  and  that  this  shortage  has  resulted and will
17    continue to result in a shortfall in the development  of  new
18    enterprises    and   employment   in   Illinois;   that   the
19    establishment of the Illinois Venture Investment Fund and the
20    exercise by the Authority of the powers granted  in  Sections
21    810-5  through  810-40  of  this  Act  will  promote economic
22    development resulting  in  increased  employment  and  public
23    revenues;  and  that  the  provisions  of this Act are hereby
24    declared to be in the public  interest  and  for  the  public
25    benefit.

26        Section   810-10.   Definitions.   The  following  terms,
27    whenever used or referred to in this Article, shall have  the
28    following meanings ascribed to them, except where the context
29    clearly requires otherwise:
30        (a)  "Co-venture  investment"  means a venture capital or
31    seed  capital  investment  by  the  Authority  in   qualified
 
SB1075 Enrolled            -44-      LRB093 08352 JAM 08571 b
 1    securities  of  an  enterprise  that  is  made  after  or  in
 2    conjunction with one or more professional investors that have
 3    or  are  making  equity  investments  in  that enterprise, as
 4    provided in  this  Act.  A  direct  investment  made  by  the
 5    Authority  may  later  be  treated  as a co-venture upon such
 6    investment made by a professional investor.
 7        (b) "Direct investment" means a venture capital  or  seed
 8    capital  investment  by the Authority in qualified securities
 9    of an enterprise in which no professional  investor  or  seed
10    capital investor is also making an equity investment.
11        (c)   "Enterprise"   means  an  individual,  corporation,
12    partnership, joint venture, trust, estate, or  unincorporated
13    association.
14        (d)  "Professional investor" means any bank, bank holding
15    company, savings institution, trust  company,  credit  union,
16    insurance  company,  investment  company registered under the
17    Federal  Investment  Company  Act   of   1940,   pension   or
18    profit-sharing   trust  or  other  financial  institution  or
19    institutional  buyer,  licensee  under  the   Federal   Small
20    Business  Investment Act of 1958, or any person, partnership,
21    or other entity whose principal business  is  making  venture
22    capital investments and whose net worth exceeds $250,000.
23        (e)   "Qualified   security"   means   any  note,  stock,
24    convertible  security,  treasury  stock,   bond,   debenture,
25    evidence   of  indebtedness,  limited  partnership  interest,
26    certificate   of   interest   or   participation    in    any
27    profit-sharing  agreement,  pre-organization  certificate  or
28    subscription,   transferable   share,   investment  contract,
29    certificate  of  deposit  for  a  security,  certificate   of
30    interest   or   participation  in  a  patent  or  application
31    therefor, or in royalty or other payments under a  patent  or
32    application,  or,  in  general,  any  interest  or instrument
33    commonly known  as  a  "security"  or  any  certificate  for,
34    receipt  for,  guarantee  of, or option, warrant, or right to
 
SB1075 Enrolled            -45-      LRB093 08352 JAM 08571 b
 1    subscribe to or purchase any of the foregoing.
 2        (f)  "Seed  capital"  means  financing  in  the  form  of
 3    investments in qualified  securities  that  is  provided  for
 4    applied research, development, testing, and initial marketing
 5    of   a   technology,   product,  process,  or  invention  and
 6    associated working capital.
 7        (g)   "Seed   capital   investor"   means   any   person,
 8    partnership, corporation, trust, or  other  entity  making  a
 9    seed capital investment.
10        (h)   "Director"  means  the  person  designated  by  the
11    Authority  to  manage  the  activities  associated  with  the
12    Illinois Venture Investment Fund.
13        (i) "Venture capital" means  financing  in  the  form  of
14    investments  in qualified securities that is provided for the
15    capital  needs  of  a  company  that  is  developing  a   new
16    technology, product, process, or invention.

17        Section  810-15.  Illinois Venture Investment Fund. There
18    is created the Illinois Venture  Investment  Fund,  hereafter
19    referred  to  in this Article as the "Fund". The Treasurer of
20    the Authority shall have custody of the Fund, which shall  be
21    held   outside  of  the  State  treasury.  The  Authority  is
22    authorized to accept any and  all  grants,  loans,  including
23    loans from State public employee pension funds, as authorized
24    by  this Act or any other statute, subsidies, matching funds,
25    reimbursements, appropriations, transfers of  appropriations,
26    federal  grant  monies,  income  derived from investments, or
27    other things of value from the federal or  state  governments
28    or  any  agency  of  any other state or from any institution,
29    person, firm or corporation, public or private,  for  deposit
30    in  the  Fund.  The  Authority  is  authorized  to use monies
31    deposited in the Fund expressly for the purposes specified in
32    and according  to  the  procedures  established  by  Sections
33    810-20  through 810-40 of this Act. The Authority may appoint
 
SB1075 Enrolled            -46-      LRB093 08352 JAM 08571 b
 1    a Director to manage the activities associated with the Fund.
 2    Such Director shall receive compensation as determined by the
 3    Authority.

 4        Section  810-20.  Powers  and  Duties;  Illinois  Venture
 5    Investment  Fund  Limits.  The  Authority  shall  invest  and
 6    reinvest the Fund and the income, thereof, in  the  following
 7    ways:
 8        (a)  To  make a direct investment in qualified securities
 9    issued by enterprises and  to  dispose  of  those  securities
10    within  10  years  after the date of the direct investment as
11    determined by the Authority  for  the  purpose  of  providing
12    venture capital or seed capital, provided that the investment
13    shall  not  exceed  49% of the estimated cost of development,
14    testing, and initial production and marketing and  associated
15    working  capital  for  the  technology,  product, process, or
16    invention, or $750,000, whichever is less;
17        (b)  To  enter  into  written  agreements  or   contracts
18    (including  limited  partnership agreements) with one or more
19    professional investors or one or more seed capital investors,
20    if any, for the purpose of establishing a pool of funds to be
21    used  exclusively  as  venture  capital   or   seed   capital
22    investments.   The  Authority  shall  not  invest  more  than
23    $2,000,000 in a single pool of funds or affiliated  pools  of
24    funds.  The  agreement or contract shall provide for the pool
25    of funds to  be  managed  by  a  professional  investor.  The
26    manager  may  be the general partner of a limited partnership
27    of which the Authority is a limited partner. The agreement or
28    contract may provide for reimbursement of  expenses  of,  and
29    payment  of  a fee to, the manager. The agreement or contract
30    may also provide for payment to the manager of a  percentage,
31    not  to exceed 40% (computed on an annual basis), of cash and
32    other property payable to the Authority as its pro-rata share
33    of distributions to investors in the pool of funds,  provided
 
SB1075 Enrolled            -47-      LRB093 08352 JAM 08571 b
 1    that (i) no amount shall be received by the manager upon sale
 2    or  other disposition of qualified investments in enterprises
 3    until recovery by the Authority of its  investment  and  upon
 4    liquidation  or  withdrawal of the Authority from the pool of
 5    funds, the manager shall be obligated to  refund  any  amount
 6    received by it from such percentage if necessary to allow the
 7    Authority  to  recover  its  investment  or (ii) the terms of
 8    payment of cash and other property to the  Authority  are  no
 9    less  favorable  to the Authority than payments to other seed
10    capital investors (other than the manager) who are parties to
11    the agreement or contract.
12        (c) To  make  co-venture  investments  by  entering  into
13    agreements  with one or more professional investors or one or
14    more seed capital investors, if any, who have formally agreed
15    to invest at least 50% as much as the  Authority  invests  in
16    the  enterprise, for the purpose of providing venture capital
17    or seed  capital;  but  no  more  than  $1,000,000  shall  be
18    invested  by  the  Authority in the qualified securities of a
19    single enterprise. A total of not more than $1,500,000 may be
20    invested in the securities of a  single  enterprise,  if  the
21    Authority  shall  find,  after  the initial investment by the
22    Authority, that additional investments in the enterprise  are
23    necessary to protect or enhance the initial investment of the
24    Authority. Each co-venture investment agreement shall provide
25    that  the  Authority  will  recover  its investment before or
26    simultaneously  with  any   distribution   to   participating
27    professional   investors   or  seed  capital  investors.  The
28    Authority and participating professional investors  and  seed
29    capital  investors  shall share ratably in the profits earned
30    in any form on the co-venture investment, but  the  Authority
31    may,  at  its  discretion,  agree  to  pay to a participating
32    professional  investor  a  percentage,  not  to  exceed   40%
33    (computed  on  an  annual  basis), of cash and other property
34    payable  to  the  Authority  as   its   pro-rata   share   of
 
SB1075 Enrolled            -48-      LRB093 08352 JAM 08571 b
 1    distributions  to  investors  in  the pool of funds, provided
 2    that (i) no amount shall be  received  by  the  participating
 3    professional  investor  upon  sale  or  other  disposition of
 4    qualified investments in the enterprises  until  recovery  by
 5    the  Authority  of  its  investment  and  upon liquidation or
 6    withdrawal of the Authority  from  the  pool  of  funds,  the
 7    participating  professional  investor  shall  be obligated to
 8    refund any amount received by  it  from  such  percentage  if
 9    necessary to allow the Authority to recover its investment or
10    (ii)  the  terms of payment of cash and other property to the
11    Authority  are  no  less  favorable  to  the  Authority  than
12    payments to other  seed  capital  investors  or  professional
13    investors  (other  than  the  professional  investor) who are
14    parties to the agreement or contract;
15        (d)  To  purchase  qualified  securities   of   certified
16    development  corporations  created  under  Section 503 of the
17    federal Small  Business  Administration  Act,  including  the
18    Illinois  Small  Business Growth Corporation, for the purpose
19    of making loans to enterprises that  have  the  potential  to
20    create  substantial  employment  within  the State per dollar
21    invested by the Authority, provided that the investment  does
22    not exceed 25% of the total investment in each corporation at
23    the  time  the  investment  is  approved  by  the  Authority.
24    Investment  by  the  Authority in the Illinois Small Business
25    Growth Corporation is not limited by the foregoing provision;
26        (e) To purchase qualified securities  of  small  business
27    investment  companies  and minority enterprise small business
28    investment  corporations  certified  by  the  federal   Small
29    Business  Administration which are committed to making 60% of
30    their investments in the  State,  provided  that  investments
31    from  the  Fund  do not exceed 25% of the total investment in
32    these entities at the time the investment is approved by  the
33    Authority;
34        (f) To make the investments of any funds held in reserves
 
SB1075 Enrolled            -49-      LRB093 08352 JAM 08571 b
 1    or  sinking  funds,  or  any funds not required for immediate
 2    disbursement, as may be lawful investments for fiduciaries in
 3    the State;
 4        (g)  To  facilitate  and  promote  the  acquisition   and
 5    revitalization   of  existing  manufacturing  enterprises  by
 6    developing and maintaining a  list  of  firms,  or  divisions
 7    thereof,  located  within  the  State  that are available for
 8    purchase, merger, or acquisition.  The  list  shall  be  made
 9    available  at  such charges as the Authority may determine to
10    all interested persons and institutions upon request. No firm
11    shall  appear  on  the  list  without   its   prior   written
12    permission.  The  list may contain such additional financial,
13    technical, market and other information as may be supplied by
14    the listed firm. The Authority shall bear  no  responsibility
15    for  the  accuracy  of the information contained on the list,
16    and each  listed  firm  shall  hold  the  Authority  harmless
17    against  any  claim  of  inaccuracy. Enterprises supported by
18    investments from the Fund shall receive consideration by  the
19    Authority  in  the allocation of loans to be insured or loans
20    to be made from the proceeds of bonds to be  insured  by  the
21    Industrial Revenue Bond Insurance Fund established under this
22    Article,  and  the  Authority shall coordinate its activities
23    under the 2 programs.

24        Section 810-25. Direct  and  Co-venture  Investments.  An
25    enterprise  seeking  a  direct  investment  from the Illinois
26    Venture Investment Fund shall file an  application  with  the
27    Authority  along  with  an applicable fee to be determined by
28    the Authority. A valid application shall contain  a  business
29    plan,  including  a  description  of  the  enterprise and its
30    management, a statement of the amount, timing, and  projected
31    use  of  the  capital  required,  a  statement concerning the
32    feasibility of the proposed technology, product, process,  or
33    invention,   its  state  of  development  and  likelihood  of
 
SB1075 Enrolled            -50-      LRB093 08352 JAM 08571 b
 1    commercial success, a statement  of  the  potential  economic
 2    impact  of the enterprise on the State, including the number,
 3    location, and types of jobs expected to be created, and  such
 4    other information as the Authority shall require. In addition
 5    to  the foregoing, the Authority shall approve an application
 6    for a  direct  investment  and  shall  approve  a  co-venture
 7    investment only after it has made the following findings:
 8        (a) The enterprise has a reasonable chance of success;
 9        (b)  If  the  application  is  for  a  direct investment,
10    Authority participation is necessary to the  success  of  the
11    enterprise   because   conventional,   private   funding   is
12    unavailable  in  the  traditional capital markets, or because
13    funding has been offered on terms  that  would  substantially
14    hinder the success of the enterprise;
15        (c)  The  technology,  product, process, or invention for
16    which the investment is  being  made  is  feasible,  has  the
17    potential  to  achieve  commercial success and the enterprise
18    has the potential to create substantial employment within the
19    State per dollar invested and that this employment, so far as
20    feasible, may be expected to be for  residents  of  areas  of
21    critical labor surplus;
22        (d)  The entrepreneur, investors, shareholders, and other
23    founders of the enterprise have already made or are obligated
24    to make a substantial financial and time  commitment  to  the
25    enterprise;
26        (e)   The   securities  to  be  purchased  are  qualified
27    securities;
28        (f) The Authority determines that the possible  gains  on
29    the  investment  are  at  least commensurate with the risk of
30    loss and that there is  a  reasonable  possibility  that  the
31    Authority  will  recoup its investment, within 10 years after
32    the investment or such other time period as negotiated by the
33    Authority,  through  the  receipt   of   interest   payments,
34    dividends,  capital  gains, or other distribution of profits,
 
SB1075 Enrolled            -51-      LRB093 08352 JAM 08571 b
 1    or royalties on investments made by the Authority; and
 2        (g) Binding commitments have been made to  the  Authority
 3    by the enterprise for adequate reporting of financial data to
 4    the Authority and any participating professional investors or
 5    seed  capital  investors.  The report shall include an annual
 6    audit of the  books  of  the  enterprise  by  an  independent
 7    certified public accountant if the Authority so requires. The
 8    Authority  and  any  participating  professional investors or
 9    seed capital investors shall  secure  sufficient  contractual
10    rights  from  the  enterprise as the Authority shall consider
11    prudent  to  protect  the  investment   of   the   Authority,
12    including,  at  the  discretion  of the Authority and without
13    limitation, a right of access to financial and other  records
14    of  the  enterprise.  The  Authority's  interest in qualified
15    securities from investments shall not represent more than 49%
16    of the voting stock of any single enterprise at the  time  of
17    purchase  after  giving  effect  to  the  conversion  of  all
18    outstanding  convertible securities of the enterprise. In the
19    event of severe financial difficulty that in the judgment  of
20    the  Authority  threatens  the  investment  of  the Authority
21    therein, a greater percentage  of  those  securities  may  be
22    owned or acquired by the Authority.

23        Section  810-30.  Investment in Pools of Funds. Proposals
24    for the establishment of pools of funds under  paragraph  (b)
25    of  Section  810-20 of this Act shall be submitted on a form,
26    contain the information, and  be  accompanied  by  a  fee  as
27    prescribed  by  the  Authority. The Authority shall not enter
28    into any agreement or contract under paragraph (b) of Section
29    810-20 of this Act unless the agreement or contract  provides
30    that the pool of funds will be invested in an enterprise only
31    if the manager finds all of the following:
32        (a) The enterprise has a reasonable chance of success.
33        (b)  The  technology,  product, process, or invention for
 
SB1075 Enrolled            -52-      LRB093 08352 JAM 08571 b
 1    which the investment is being made is feasible  and  has  the
 2    potential to achieve commercial success.
 3        (c)   The   enterprise   has   the  potential  to  create
 4    substantial employment within the State.
 5        (d)  The  entrepreneur,   investors,   shareholders,   or
 6    founders of the enterprise have made or are obligated to make
 7    a substantial commitment of time and funds to the enterprise.
 8        (e)  The  possible  gains  in the investment are at least
 9    commensurable with the risk of loss and there is a reasonable
10    possibility that the investors, including the Authority, will
11    recoup their investment within 10 years after the investment,
12    through the receipt of interest, dividends, capital gains, or
13    other distributions of profit or royalties.
14        (f) The enterprise shall have  made  binding  commitments
15    for adequate reporting of and access to financing data of the
16    enterprise.

17        Section  810-35.  Documentary  materials concerning trade
18    secrets;     Commercial     or     financial     information;
19    Confidentiality. Any documentary materials or  data  made  or
20    received  by  any member, agent or employee of the Authority,
21    to the extent that such material or  data  consist  of  trade
22    secrets,  commercial  or  financial information regarding the
23    operation of any enterprise conducted by an applicant for, or
24    recipient of, any form of assistance which the  Authority  is
25    empowered to render, or regarding the competitive position of
26    such  enterprise in a particular field of endeavor, shall not
27    be deemed public records;  provided,  however,  that  if  the
28    Authority   purchases   a   qualified   security   from  such
29    enterprise,  the  commercial   and   financial   information,
30    excluding  trade  secrets, shall be deemed to become a public
31    record of the Authority after the expiration of 3 years  from
32    the  date  of purchase of such qualified security, or, in the
33    case of such information made  or  received  by  any  member,
 
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 1    agent or employee of the Authority after the purchase of such
 2    qualified  security,  3  years from the date such information
 3    was made or received. Any discussion or consideration of such
 4    trade secrets or commercial or financial information  may  be
 5    held  by  the  Authority, in executive sessions closed to the
 6    public, notwithstanding the provisions of the  Open  Meetings
 7    Act;   provided,  however,  that  the  purpose  of  any  such
 8    executive session shall be set forth in the official  minutes
 9    of  the  Authority  and business which is not related to such
10    purpose shall not be transacted, nor shall any vote be  taken
11    during such executive sessions.

12        Section  810-40.  Tax  Exemption.  The  Illinois  Venture
13    Investment  Fund and all its proceeds shall be and are hereby
14    declared exempt from all franchise and income taxes levied by
15    the State, provided nothing  herein  shall  be  construed  to
16    exempt  from  any  such  taxes,  or  from any taxes levied in
17    connection with the manufacture, production, use or  sale  of
18    any technologies, products, processes or inventions which are
19    the  subject  of  any  agreement  earned by any enterprise in
20    which the Authority has invested.

21                             ARTICLE 815
22                           LAND BANK FUND

23        Section 815-5. Findings and Declaration of Policy. It  is
24    hereby  found and declared that there exists within the State
25    a condition of substantial and persistent unemployment  which
26    is  detrimental  to  the  welfare of the people of the State;
27    that the absence of an orderly conversion and development  of
28    certain property results in blight, economic dislocation, and
29    additional unemployment; that there exists within the State a
30    significant  resource  of  underutilized  property  which, if
31    returned  to   productive   economic   use,   will   increase
 
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 1    employment,  increase  revenues  for  the  State and units of
 2    local government, and lead to a more stable economy; that the
 3    acquisition, development  or  disposition  of  such  land  or
 4    property in conjunction with units of local government, local
 5    industrial  development  agencies  and  private enterprise in
 6    accordance with development  plans  will  stimulate  economic
 7    development  within  the State; that the establishment of the
 8    Illinois Land Bank Fund and the exercise by the Authority  of
 9    the  powers  granted  in  this  Article will promote economic
10    development resulting  in  increased  employment  and  public
11    revenues;  and  that  the  provisions  of this Act are hereby
12    declared to be in the public interest and benefit and a valid
13    public purpose.

14        Section  815-10.  Definitions.   The   following   terms,
15    whenever  used or referred to in this Article, shall have the
16    following meanings ascribed to them, except where the context
17    clearly requires otherwise:
18        (a) "Property" means  land,  parcels  or  combination  of
19    parcels,  structures,  and  all  improvements,  easements and
20    franchises;
21        (b) "Redevelopment area" means any property  which  is  a
22    contiguous  area  of at least 2 acres but less than 160 acres
23    in the aggregate located within one and one-half miles of the
24    corporate limits of a municipality and  not  included  within
25    any  municipality,  where,  (1)  if  improved,  a substantial
26    proportion of  the  industrial,  commercial  and  residential
27    buildings  or  improvements  are  detrimental  to  the public
28    safety, health, morals or welfare because of a combination of
29    any of the following factors:  age;  physical  configuration;
30    dilapidation;    structural    or    economic   obsolescence;
31    deterioration; illegal use of individual structures; presence
32    of structures below minimum  code  standards;  excessive  and
33    sustained vacancies; overcrowding of structures and community
 
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 1    facilities;  inadequate  ventilation,  light,  sewer,  water,
 2    transportation    and    other   infrastructure   facilities;
 3    inadequate utilities; excessive  land  coverage;  deleterious
 4    land   use  or  layout;  depreciation  or  lack  of  physical
 5    maintenance; and  lack  of  community  planning;  or  (2)  if
 6    vacant, the sound utilization of land for industrial projects
 7    is  impaired  by  a combination of 2 or more of the following
 8    factors: obsolete platting of the vacant land;  diversity  of
 9    ownership   of   such   land;   tax  and  special  assessment
10    delinquencies on such land; and deterioration  of  structures
11    or site improvements in neighboring areas to the vacant land,
12    or the area immediately prior to becoming vacant qualified as
13    a  redevelopment  improved  area;  or (3) if an improved area
14    within the boundaries of a  development  project  is  located
15    within  the corporate limits of the municipality in which 50%
16    or more of the structures in the area have an age of 35 years
17    or more, such area does not qualify under clause (1)  but  is
18    detrimental  to  the public safety, health, morals or welfare
19    and such area may become a  redevelopment  area  pursuant  to
20    clause  (1)  because  of  a  combination  of 3 or more of the
21    factors specified in clause (1).
22        (c)  "Enterprise"  means  an   individual,   corporation,
23    partnership,  joint  venture, trust, estate or unincorporated
24    association;
25        (d) "Development plan" means the comprehensive program of
26    the Authority and  the  participating  entity  to  reduce  or
27    eliminate  those  conditions the existence of which qualified
28    the project area as a redevelopment  area.  Each  development
29    plan  shall set forth in writing the program to be undertaken
30    to accomplish such  objectives  and  shall  include,  without
31    limitation,  estimated development project costs, the sources
32    of funds to pay costs, the nature and term of any obligations
33    to be issued, the most recent equalized assessed valuation of
34    the project area, an estimate as to  the  equalized  assessed
 
SB1075 Enrolled            -56-      LRB093 08352 JAM 08571 b
 1    valuation  after  development  and  the  general land uses to
 2    apply in the project area.
 3        (e)  "Development   project"   means   any   project   in
 4    furtherance   of   the  objectives  of  a  development  plan,
 5    including any building or buildings or building  addition  or
 6    other  structures  to  be  newly  constructed,  renovated  or
 7    improved  and  suitable  for  use  by  an  enterprise  as  an
 8    industrial  project,  and includes the sites and other rights
 9    in the property on which such  buildings  or  structures  are
10    located.
11        (f)  "Participating entity" means a municipality, a local
12    industrial  development  agency  or  an  enterprise  or   any
13    combination thereof.

14        Section  815-15.  Illinois Land Bank Fund; Creation; Use.
15    There  is  hereby  created  the  Illinois  Land  Bank   Fund,
16    hereafter  referred  to  in Sections 815-15 through 815-30 of
17    this Act as the "Fund". The Treasurer of the Authority  shall
18    have  custody of the Fund, which shall be held outside of the
19    State treasury. The Authority is authorized to accept any and
20    all grants, loans, subsidies, matching funds, reimbursements,
21    appropriations, transfers of  appropriations,  federal  grant
22    monies,  income  derived from investments, or other things of
23    value from the federal or state governments or units of local
24    government or any agency thereof or from  an  enterprise  for
25    deposit  in  the  Fund.  The  Authority  is authorized to use
26    monies deposited in  the  Fund  expressly  for  the  purposes
27    specified  in  and according to the procedures established by
28    Sections 815-20 through 815-30 of this Act.

29        Section 815-20. Powers and Duties.
30        (a) The Authority shall have the  following  powers  with
31    respect to redevelopment areas:
32             (1)   To   acquire   and   possess   property  in  a
 
SB1075 Enrolled            -57-      LRB093 08352 JAM 08571 b
 1        redevelopment area;
 2             (2)  To  clear  any  such  areas  so   acquired   by
 3        demolition  of  existing  structures and buildings and to
 4        make necessary improvements to the property essential  to
 5        its reuse in conformity with a development plan; and
 6             (3)  To convey property for use in accordance with a
 7        development plan.
 8        (b) Before acquiring  property  under  this  Section  the
 9    Authority  shall hold a public hearing after notice published
10    in a newspaper of general circulation in the county in  which
11    the property is located and shall find:
12             (1) The property is in a redevelopment area;
13             (2)  Such  acquisition or possession is necessary or
14        reasonably required to  retain  existing  enterprises  or
15        attract  new  enterprises  and  to promote sound economic
16        growth and to carry out the  purposes  of  Section  815-5
17        through 815-30 of this Act;
18             (3)   The   assembly   of  property  is  not  unduly
19        competitive with similar assemblies by private enterprise
20        in the area or surrounding areas; and
21             (4)   The   participating   entity,   without    the
22        involvement   of   the   Authority,  would  be  unlikely,
23        unwilling or unable to undertake  such  redevelopment  of
24        the property as was necessary for economic development.
25        (c)  No  property may be acquired by the Authority unless
26    the  acquisition  is  consented  to  by  resolution  of   the
27    corporate  authorities  of the municipality with jurisdiction
28    over the property under  Section  11-12-6  of  the  Municipal
29    Code.
30        (d) The Authority may acquire any interest in property in
31    a  redevelopment  area by purchase, lease, or gift, but shall
32    not have the power of condemnation.
33        (e) No property shall  be  acquired  under  this  Section
34    unless the Authority has adopted a development plan under the
 
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 1    provisions of Section 815-25.

 2        Section 815-25. Development Plans.
 3        (a)   No  development  plan  shall  be  approved  by  the
 4    Authority unless after a  public  hearing  held  upon  notice
 5    published in a newspaper of general circulation in the county
 6    where the property is located, the Authority finds:
 7             (1) The plan provides for projects which will reduce
 8        unemployment;
 9             (2) The redevelopment area on the whole has not been
10        subject  to  growth and development through investment by
11        private  enterprise   and   would   not   reasonably   be
12        anticipated  to  be developed without the adoption of the
13        development plan;
14             (3) The corporate authorities  of  the  municipality
15        with jurisdiction over the property under Section 11-12-6
16        of  the  Municipal Code have by resolution found that the
17        development plan conforms to the  comprehensive  plan  of
18        the municipality;
19             (4)  A participating entity has agreed to enter into
20        such contracts and other agreements as are  necessary  to
21        acquire, redevelop and improve the property in accordance
22        with the development plan;
23             (5)  The acquisition of the property, its possession
24        and ultimate use according to the development plan can be
25        financed by participating entities and the Authority  and
26        the   development   plan   will   be  completed  and  all
27        obligations of the Authority incurred in connection  with
28        the  redevelopment  plan  will be retired within 20 years
29        from the Authority's approval of  the  development  plan;
30        and
31             (6)   The   development   plan   meets   such  other
32        requirements as the Authority may establish by rule.
33        (b) The Authority may dispose of any  property  which  is
 
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 1    the  subject of a development plan in such manner, whether by
 2    sale, lease or otherwise, and for such price, rental or other
 3    consideration, including an amount not less than 2/3  of  its
 4    acquisition   cost,  payable  over  such  term,  and  bearing
 5    interest as to deferred payments, and secured in such manner,
 6    by mortgage or otherwise, all as the Authority shall  provide
 7    in the development plan.
 8        (c)  Pending  disposition  of  such  land,  any  existing
 9    property  acquired by the Authority in the course of carrying
10    out the provisions of this Act may be adequately and properly
11    preserved, and may be maintained, leased or  administered  by
12    the  Authority  by  a contract made by the Authority with any
13    participating   entity,   enterprise   or   individual   with
14    experience in the area of property development, management or
15    administration.
16        (d)  Whenever  the  Authority  shall  have   approved   a
17    development  plan,  the  Authority  may amend the development
18    plan from time to time in conformity with this Section.

19        Section 815-30. Local  Planning;  Relocation  Costs.  The
20    Authority  may  arrange  or  contract  with a municipality or
21    municipalities  for  the  planning,   re-planning,   opening,
22    grading  or closing of streets, roads, alleys or other places
23    or for the furnishing of facilities or for the acquisition by
24    the municipality or municipalities of  property  or  property
25    rights  or  for  the  furnishing  of  property or services in
26    connection  with  a  development  project  or  projects.  The
27    Authority  is  hereby  authorized  to  pay   the   reasonable
28    relocation  costs, up to a total of $25,000 per relocatee, of
29    persons and businesses displaced as a result of carrying  out
30    a development plan as authorized by this Article.

31                             ARTICLE 820
32                          LOCAL GOVERNMENT
 
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 1        Section  820-5. Findings and Declaration of Policy. It is
 2    hereby found and declared that there exists an urgent need to
 3    upgrade and expand the capital facilities, infrastructure and
 4    public purpose projects of units of local government  and  to
 5    promote  other  public purposes to be carried out by units of
 6    local government; that federal  funding  reductions  combined
 7    with  shifting  economic  conditions  have impeded efforts by
 8    units  of  local  governments  to   provide   the   necessary
 9    improvements  to  their  capital  facilities,  infrastructure
10    systems  and  public purpose projects and to accomplish other
11    public  purposes  in  recent   years;   that   adequate   and
12    well-maintained  capital  facilities,  infrastructure systems
13    and public purpose projects throughout  this  State  and  the
14    performance  of  other  public  purposes  by  units  of local
15    government  throughout  this  State  can  offer   significant
16    economic  benefits  and  an  improved quality of life for all
17    citizens of this State; that the exercise by the Authority of
18    the powers granted in  this  Article  will  promote  economic
19    development  by enhancing the capital stock of units of local
20    governments and will facilitate the accomplishment  of  other
21    public   purposes   by   units   of  local  government;  that
22    authorizing the Authority to borrow money in the  public  and
23    private capital markets in order to provide money to purchase
24    or otherwise acquire obligations of units of local government
25    will assist such units of local government in borrowing money
26    to finance and refinance the public purpose projects, capital
27    facilities  and  infrastructure  of  the units and to finance
28    other public purposes of such units of local  government,  in
29    providing  access  to adequate capital markets and facilities
30    for borrowing money by such units  of  local  government,  in
31    encouraging continued investor interest in the obligations of
32    such  units of local government, in providing for the orderly
33    marketing  of  the  obligations  of  such  units   of   local
34    government, and in achieving lower overall borrowing cost and
 
SB1075 Enrolled            -61-      LRB093 08352 JAM 08571 b
 1    more  favorable  terms  for  such  borrowing;  and  that  the
 2    provisions  of  this Article are hereby declared to be in the
 3    public interest and for the public benefit.

 4        Section  820-10.  Definitions.  The  following  words  or
 5    terms, whenever used or referred to in  this  Article,  shall
 6    have  the  following  meanings ascribed to them, except where
 7    the context clearly requires otherwise:
 8        (a)  "Department"  means  the  Illinois   Department   of
 9    Commerce and Economic Opportunity.
10        (b)  "Unit  of  local government" means any unit of local
11    government, as defined in Article VII, Section 1 of the  1970
12    State  Constitution  and any local public entity as that term
13    is  defined  by  the  Local  Governmental  and   Governmental
14    Employees  Tort  Immunity Act and also includes the State and
15    any instrumentality, office, officer,  department,  division,
16    bureau, commission, college or university thereof.
17        (c)  "Energy conservation project" means any improvement,
18    repair, alteration or betterment of any building or  facility
19    or  any equipment, fixture or furnishing including its energy
20    using mechanical devices to  be  added  to  or  used  in  any
21    building  or facility that the Director of the Department has
22    certified  to  the  Authority  will   be   a   cost-effective
23    energy-related  project  that  will  lower  energy or utility
24    costs in connection with the operation or maintenance of such
25    building or facility, and will achieve  energy  cost  savings
26    sufficient to cover bond debt service and other project costs
27    within 10 years from the date of project installation.

28        Section  820-15. Creation of Reserve Funds. The Authority
29    may establish and maintain one or more reserve funds in which
30    there may be one or more  accounts  in  which  there  may  be
31    deposited:
32        (a)  Any  proceeds  of  bonds  issued  by  the  Authority
 
SB1075 Enrolled            -62-      LRB093 08352 JAM 08571 b
 1    required to be deposited therein by the terms of any contract
 2    between  the  Authority and its bondholders or any resolution
 3    of the Authority;
 4        (b) Any other moneys or funds of the Authority  which  it
 5    may determine to deposit therein from any other source; and
 6        (c)  Any  other  moneys  or  funds  made available to the
 7    Authority, including without limitation any proceeds  of  any
 8    local  government  security  or any taxes or revenues, rates,
 9    charges, assessments,  grants,  or  other  funds  pledged  or
10    assigned  to  pay,  repay  or  secure  any  local  government
11    security. Subject to the terms of any pledge to the owners of
12    any  bond, moneys in any reserve fund may be held and applied
13    to the payment of the interest, premium, if any, or principal
14    of bonds or local government  securities  or  for  any  other
15    purpose authorized by the Authority.

16        Section   820-20.   Powers  and  Duties;  Illinois  Local
17    Government Financing Assistance Program.  The  Authority  has
18    the power:
19        (a)  To purchase from time to time pursuant to negotiated
20    sale or to otherwise acquire from  time  to  time  any  local
21    government  securities  issued  by one or more units of local
22    government upon such terms and conditions  as  the  Authority
23    may prescribe;
24        (b)  To issue bonds in one or more series pursuant to one
25    or  more  resolutions  of  the  Authority  for  any   purpose
26    authorized  under  this Article, including without limitation
27    purchasing  or   acquiring   local   government   securities,
28    providing for the payment of any interest deemed necessary on
29    such  bonds,  paying  for the cost of issuance of such bonds,
30    providing for the payment of  the  cost  of  any  guarantees,
31    letters  of  credit,  insurance  contracts  or  other similar
32    credit support or liquidity instruments, or providing for the
33    funding of any reserves deemed necessary in  connection  with
 
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 1    such  bonds  and  refunding  or advance refunding of any such
 2    bonds and the interest and any premium thereon,  pursuant  to
 3    this Act;
 4        (c)  To  provide for the funding of any reserves or other
 5    funds or  accounts  deemed  necessary  by  the  Authority  in
 6    connection  with  any  bonds issued by the Authority or local
 7    government securities purchased or otherwise acquired by  the
 8    Authority;
 9        (d)  To  pledge  any local government security, including
10    any payments thereon, and any other funds of the Authority or
11    funds made available to the Authority which may be applied to
12    such purpose, as security for any bonds  or  any  guarantees,
13    letters  of  credit,  insurance  contracts  or similar credit
14    support or liquidity instruments securing the bonds;
15        (e) To enter into  agreements  or  contracts  with  third
16    parties,   whether   public  or  private,  including  without
17    limitation the United States of America, the  State,  or  any
18    department  or  agency  thereof to obtain any appropriations,
19    grants, loans or guarantees which  are  deemed  necessary  or
20    desirable  by the Authority. Any such guarantee, agreement or
21    contract  may  contain  terms  and  provisions  necessary  or
22    desirable in connection with  the  program,  subject  to  the
23    requirements established by this Article;
24        (f)  To  charge  reasonable  fees  to  defray the cost of
25    obtaining letters of credit,  insurance  contracts  or  other
26    similar  documents,  and to charge such other reasonable fees
27    to defray the cost of trustees, depositories, paying  agents,
28    bond  registrars,  escrow  agents  and  other  administrative
29    expenses.  Any  such  fees shall be payable by units of local
30    government whose local government securities are purchased or
31    otherwise acquired by the Authority pursuant to this Article,
32    in such amounts and at such  times  as  the  Authority  shall
33    determine,  and  the  amount  of the fees need not be uniform
34    among the various  units  of  local  government  whose  local
 
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 1    government  securities are purchased or otherwise acquired by
 2    the Authority pursuant to this Article;
 3        (g) To obtain and maintain guarantees, letters of credit,
 4    insurance contracts or similar credit  support  or  liquidity
 5    instruments  which  are  deemed  necessary  or  desirable  in
 6    connection  with  any  bonds  or  other  obligations  of  the
 7    Authority or any local government securities;
 8        (h)  To establish application fees and other service fees
 9    and prescribe application, notification, contract, agreement,
10    security and insurance forms and  rules  and  regulations  it
11    deems necessary or appropriate;
12        (i)  To  provide  technical assistance, at the request of
13    any unit of local government, with respect to  the  financing
14    or refinancing for any public purpose. In fulfillment of this
15    purpose,  the  Authority  may  request  assistance  from  the
16    Department as necessary; any unit of local government that is
17    experiencing  either  a financial emergency as defined in the
18    Local Government Financial Planning and Supervision Act or  a
19    condition  of  fiscal crisis evidenced by an impaired ability
20    to obtain financing for  its  public  purpose  projects  from
21    traditional  financial  channels or impaired ability to fully
22    fund its obligations to fire, police and  municipal  employee
23    pension  funds,  or to bond payments or reserves, may request
24    technical assistance from the Authority  in  the  form  of  a
25    diagnostic evaluation of its financial condition;
26        (j)  To  purchase any obligations of the Authority issued
27    pursuant to this Article;
28        (k) To sell,  transfer  or  otherwise  dispose  of  local
29    government  securities purchased or otherwise acquired by the
30    Authority  pursuant  to  this  Article,   including   without
31    limitation,  the  sale,  transfer  or  other  disposition  of
32    undivided  fractionalized  interests  in the right to receive
33    payments of principal and premium, if any, or  the  right  to
34    receive payments of interest or the right to receive payments
 
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 1    of principal of and premium, if any, and interest on pools of
 2    such local government securities;
 3        (l)  To  acquire,  purchase,  lease,  sell,  transfer and
 4    otherwise dispose of  real  and  personal  property,  or  any
 5    interest  therein,  and  to  issue  its  bonds and enter into
 6    leases, contracts and other agreements with  units  of  local
 7    government  in  connection with such acquisitions, purchases,
 8    leases,  sales  and  other  dispositions  of  such  real  and
 9    personal property;
10        (m) To make loans to banks, savings and loans  and  other
11    financial  institutions  for  the  purpose  of  purchasing or
12    otherwise acquiring local government securities, and to issue
13    its  bonds,  and  enter  into  agreements  and  contracts  in
14    connection with such loans;
15        (n) To enter into agreements or contracts with any person
16    necessary or appropriate to place the payment obligations  of
17    the  Authority  under any of its bonds in whole or in part on
18    any interest rate basis, cash  flow  basis,  or  other  basis
19    desired   by  the  Authority,  including  without  limitation
20    agreements or contracts commonly known as "interest rate swap
21    agreements", "forward  payment  conversion  agreements",  and
22    "futures",  or agreements or contracts to exchange cash flows
23    or  a  series  of  payments,  or  agreements  or   contracts,
24    including without limitation agreements or contracts commonly
25    known as "options", "puts" or "calls", to hedge payment, rate
26    spread,   or   similar  exposure;  provided,  that  any  such
27    agreement or contract shall not constitute an obligation  for
28    borrowed  money,  and  shall  not be taken into account under
29    Section 845-5 of this Act or any  other  debt  limit  of  the
30    Authority or the State of Illinois;
31        (o)  To  make  and  enter  into  all other agreements and
32    contracts and execute all instruments necessary or incidental
33    to performance of its duties and the execution of its  powers
34    under this Article;
 
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 1        (p)  To  contract  for  and  finance  the costs of energy
 2    audits,    project-specific    engineering     and     design
 3    specifications, and any other related analyses preliminary to
 4    an  energy  conservation  project;  and,  to contract for and
 5    finance the cost of project monitoring and data collection to
 6    verify    post-installation    energy     consumption     and
 7    energy-related  operating  costs.  Any such contract shall be
 8    executed only after it has been  jointly  negotiated  by  the
 9    Authority and the Department; and
10        (q)  To  exercise  such  other powers as are necessary or
11    incidental to the foregoing.

12        Section 820-25. Unit of Local  Government  Participation.
13    Any  unit  of  local  government is authorized to voluntarily
14    participate in this program. Any  unit  of  local  government
15    which  is  authorized  to  issue,  sell and deliver its local
16    government securities under any provision of the Constitution
17    or laws of the State may issue, sell and deliver  such  local
18    government  securities  to  the Authority under this Article;
19    provided that and notwithstanding any other provision of  law
20    to  the contrary, any such unit of local government may issue
21    and sell any such local government security at  any  interest
22    rate  or  rates, which rate or rates may be established by an
23    index  or  formula  which  may  be  implemented  by   persons
24    appointed  or  retained  therefor,  payable  at  such time or
25    times, and at such price or prices to which the unit of local
26    government and the Authority may agree.  Any  unit  of  local
27    government  may  pay  any  amount  charged  by  the Authority
28    pursuant to  this  Article.  Any  unit  of  local  government
29    participating  in this program may pay out of the proceeds of
30    its local government securities or out of any other moneys or
31    funds available to it for  such  purposes  any  costs,  fees,
32    interest  deemed  necessary,  premium or reserves incurred or
33    required for financing or refinancing this program, including
 
SB1075 Enrolled            -67-      LRB093 08352 JAM 08571 b
 1    without limitation any fees charged by the Authority pursuant
 2    to  this  Article  and  its  share,  as  determined  by   the
 3    Authority,  of  any  costs,  fees, interest deemed necessary,
 4    premium or reserves incurred or required pursuant to  Section
 5    820-20 of this Act. All local government securities purchased
 6    or  otherwise  acquired by the Authority pursuant to this Act
 7    shall upon delivery to the Authority  be  accompanied  by  an
 8    approving  opinion of bond counsel as to the validity of such
 9    securities. The Authority shall have discretion  to  purchase
10    or otherwise acquire those local government securities, as it
11    shall  deem  to  be  in  the  best  interest of its financing
12    program for all units of local government taken as a whole.

13        Section  820-30.  Criteria  for  Participation   in   the
14    Program.   If  the  Authority  requires  an  application  for
15    participation in the Program, upon  submission  of  any  such
16    application,  the  Authority  or  any entity on behalf of the
17    Authority shall review such application for its  completeness
18    and may, at its discretion, accept or reject such application
19    or  request such additional information as it deems necessary
20    or advisable to aid its review. In the course of its  review,
21    the  Authority  may  consider but shall not be limited to the
22    following factors:
23        (a) Whether  the  public  purpose  for  which  the  local
24    government  security  is to be issued will have a significant
25    impact on the economy, environment, health or safety  of  the
26    unit of local government;
27        (b)  The extent to which the public purpose for which the
28    local government  security  is  to  be  issued  will  provide
29    reinforcement  for  other  community and economic development
30    related investments by such units of local government;
31        (c) The creditworthiness of the unit of local  government
32    and   the   local  government  security,  including,  without
33    limitation, the ability of the unit of  local  government  to
 
SB1075 Enrolled            -68-      LRB093 08352 JAM 08571 b
 1    comply  with  the  credit requirements of the provider of any
 2    guarantees, letters of credit, insurance contracts  or  other
 3    similar credit support or liquidity instruments; and
 4        (d)  Such  other  factors  as  deemed  necessary  by  the
 5    Authority which are consistent with the intent of this Act.

 6        Section 820-35. The Authority shall assist the Department
 7    to establish and implement a program to assist units of local
 8    government  to  identify  and  arrange  financing  for energy
 9    conservation projects in buildings and  facilities  owned  or
10    leased  by  units  of  local government. Such bonds shall not
11    constitute an indebtedness or  obligation  of  the  State  of
12    Illinois  and  it shall be plainly stated on the face of each
13    bond that it does not  constitute  such  an  indebtedness  or
14    obligation but is payable solely from the revenues, income or
15    other assets of the Authority pledged therefor.

16        Section  820-40.  Investment of Moneys. Any moneys at any
17    time held by the Authority pursuant to this Article shall  be
18    held  outside the State treasury in the custody of either the
19    Treasurer  of  the  Authority  or  a  trustee  or  depository
20    appointed by the Authority. Such moneys may  be  invested  in
21    (a)  investments  authorized  by  the Public Funds Investment
22    Act, (b) obligations issued  by  any  State,  unit  of  local
23    government or school district, which obligations are rated at
24    the  time of purchase by a national rating service within the
25    2 highest rating classifications without regard to any rating
26    refinement or gradation by numerical or other  modifier,  (c)
27    equity  securities  of an investment company registered under
28    the Investment Company Act of l940 whose sole  assets,  other
29    than  cash  and  other temporary investments, are obligations
30    which are eligible investments  for  the  Authority,  or  (d)
31    investment   contracts  under  which  securities  are  to  be
32    purchased and sold at a predetermined price on a future date,
 
SB1075 Enrolled            -69-      LRB093 08352 JAM 08571 b
 1    or pursuant to which moneys are  deposited  with  a  bank  or
 2    other  financial  institution  and  the  deposits are to bear
 3    interest  at  an  agreed  upon  rate,  provided   that   such
 4    investment  contracts  are  with  a  bank  or other financial
 5    institution whose  obligations  are  rated  at  the  time  of
 6    purchase  by  a  national rating service within the 2 highest
 7    rating  classifications  without   regard   to   any   rating
 8    refinement  or  gradation by numerical or other modifier. The
 9    interest, dividends or other earnings from  such  investments
10    may  be  used  to  pay  administrative costs of the Authority
11    incurred  in  administering  the  program   or   trustee   or
12    depository fees incurred in connection with such program.

13        Section  820-45. Pledge of Revenues by the Authority. Any
14    pledge of revenues or other  moneys  made  by  the  Authority
15    shall  be  binding from the time the pledge is made. Revenues
16    and other moneys so pledged shall  be  held  outside  of  the
17    State  treasury and in the custody of either the Treasurer of
18    the Authority or a trustee or a depository appointed  by  the
19    Authority. Revenues or other moneys so pledged and thereafter
20    received by the Authority or such trustee or depository shall
21    immediately  be subject to the lien of the pledge without any
22    physical delivery thereof or further act, and the lien of any
23    pledge shall be binding against all parties having claims  of
24    any   kind   of  tort,  contract  or  otherwise  against  the
25    Authority, irrespective of whether the  parties  have  notice
26    thereof.  Neither  the resolution nor any other instrument by
27    which a pledge is created need be filed or recorded except in
28    the records of the Authority. The State does  pledge  to  and
29    agree with the holders of bonds, and the beneficial owners of
30    the  local  government  securities,  that  the State will not
31    limit or restrict the rights hereby vested in  the  Authority
32    to   purchase,  acquire,  hold,  sell  or  dispose  of  local
33    government securities or other investments  or  to  establish
 
SB1075 Enrolled            -70-      LRB093 08352 JAM 08571 b
 1    and  collect  such fees or other charges as may be convenient
 2    or necessary to  produce  sufficient  revenues  to  meet  the
 3    expenses  of  operation  of the Authority, and to fulfill the
 4    terms of any agreement made with the holders of the bonds  or
 5    the  beneficial  owners of the local government securities or
 6    in any way impair the rights or remedies of  the  holders  of
 7    those  bonds or the beneficial owners of the local government
 8    securities until such bonds or  local  government  securities
 9    are  fully paid and discharged or provision for their payment
10    has been made.

11        Section  820-50.  Pledge  of  Funds  by  Units  of  Local
12    Government.
13        (a) Pledge of Funds. Any unit of local  government  which
14    receives  funds  from  the  Department  of Revenue, including
15    without  limitation  funds  received  pursuant  to   Sections
16    8-11-1,  8-11-1.4, 8-11-5 or 8-11-6 of the Illinois Municipal
17    Code, the Home Rule County Retailers' Occupation Tax Act, the
18    Home  Rule  County  Service  Occupation  Tax  Act,   Sections
19    25.05-2,  25.05-3 or 25.05-10 of "An Act to revise the law in
20    relation to counties", Section 5.01 of the Local Mass Transit
21    District Act, Section 4.03  of  the  Regional  Transportation
22    Authority  Act, Sections 2 or 12 of the State Revenue Sharing
23    Act, or from the Department  of  Transportation  pursuant  to
24    Section  8  of  the  Motor  Fuel  Tax  Law, or from the State
25    Superintendent of Education (directly or  indirectly  through
26    regional  superintendents  of schools) pursuant to Article 18
27    of the School Code, or any unit of government which  receives
28    other funds which are at any time in the custody of the State
29    Treasurer,  the State Comptroller, the Department of Revenue,
30    the Department of Transportation or the State  Superintendent
31    of  Education  may  by appropriate proceedings, pledge to the
32    Authority or any entity acting on  behalf  of  the  Authority
33    (including,  without  limitation, any trustee), any or all of
 
SB1075 Enrolled            -71-      LRB093 08352 JAM 08571 b
 1    such receipts to the extent that such receipts are  necessary
 2    to provide revenues to pay the principal of, premium, if any,
 3    and interest on, and other fees related to, or to secure, any
 4    of  the  local  government  securities  of such unit of local
 5    government which have been sold or delivered to the Authority
 6    or its designee or to pay lease rental payments to be made by
 7    such unit of local government to the extent that  such  lease
 8    rental  payments  secure  the  payment  of  the principal of,
 9    premium, if any, and interest on, and other fees related  to,
10    any  local  government  securities  which  have  been sold or
11    delivered to the Authority or its  designee.  Any  pledge  of
12    such  receipts  (or  any  portion thereof) shall constitute a
13    first and prior lien thereon and shall be  binding  from  the
14    time the pledge is made.
15        (b)  Direct Payment of Pledged Receipts. Any such unit of
16    local government may, by such proceedings, direct that all or
17    any of such pledged receipts payable to such  unit  of  local
18    government  be  paid  directly to the Authority or such other
19    entity (including, without limitation, any trustee)  for  the
20    purpose  of  paying  the  principal  of, premium, if any, and
21    interest on, and fees  relating  to,  such  local  government
22    securities  or  for  the  purpose of paying such lease rental
23    payments to the extent necessary to  pay  the  principal  of,
24    premium,  if any, and interest on, and other fees related to,
25    such local government securities secured by such lease rental
26    payments.  Upon  receipt  of  a  certified   copy   of   such
27    proceedings  by  the  State Treasurer, the State Comptroller,
28    the Department of Revenue, the Department  of  Transportation
29    or the State Superintendent of Education, as the case may be,
30    such  Department  or  State  Superintendent  shall direct the
31    State Comptroller and State Treasurer to pay to, or on behalf
32    of, the Authority or such other  entity  (including,  without
33    limitation,  any  trustee) all or such portion of the pledged
34    receipts from the Department of Revenue, or the Department of
 
SB1075 Enrolled            -72-      LRB093 08352 JAM 08571 b
 1    Transportation  or  the  State  Superintendent  of  Education
 2    (directly or indirectly through regional  superintendents  of
 3    schools), as the case may be, sufficient to pay the principal
 4    of  and  premium,  if  any,  and  interest on, and other fees
 5    related to, the local governmental securities for  which  the
 6    pledge was made or to pay such lease rental payments securing
 7    such  local  government  securities  for which the pledge was
 8    made. The proceedings shall constitute authorization for such
 9    a directive to the State Comptroller to cause  orders  to  be
10    drawn  and  to  the State Treasurer to pay in accordance with
11    such directive. To the  extent  that  the  Authority  or  its
12    designee  notifies  the Department of Revenue, the Department
13    of Transportation or the State Superintendent  of  Education,
14    as  the  case  may  be, that the unit of local government has
15    previously paid to the Authority or its designee  the  amount
16    of  any  principal,  premium,  interest and fees payable from
17    such pledged receipts,  the  State  Comptroller  shall  cause
18    orders  to  be  drawn  and the State Treasurer shall pay such
19    pledged receipts to the unit of local government as  if  they
20    were  not  pledged receipts. To the extent that such receipts
21    are pledged and paid to the Authority or such  other  entity,
22    any  taxes which have been levied or fees or charges assessed
23    pursuant to law on account of  the  issuance  of  such  local
24    government  securities  shall  be  paid  to the unit of local
25    government and may be used for the  purposes  for  which  the
26    pledged receipts would have been used.
27        (c)  Payment  of  Pledged Receipts upon Default. Any such
28    unit of local government may,  by  such  proceedings,  direct
29    that  such  pledged  receipts  payable  to such unit of local
30    government be paid to the  Authority  or  such  other  entity
31    (including,  without  limitation, any trustee) upon a default
32    in the payment of any  principal  of,  premium,  if  any,  or
33    interest on, or fees relating to, any of the local government
34    securities  of  such unit of local government which have been
 
SB1075 Enrolled            -73-      LRB093 08352 JAM 08571 b
 1    sold or delivered to the Authority or its designee or any  of
 2    the  local  government  securities  which  have  been sold or
 3    delivered to the Authority or  its  designee  and  which  are
 4    secured   by  such  lease  rental  payments.  If  such  local
 5    governmental security is in default  as  to  the  payment  of
 6    principal  thereof,  premium, if any, or interest thereon, or
 7    fees  relating  thereto,  to  the  extent  that   the   State
 8    Treasurer,  the State Comptroller, the Department of Revenue,
 9    the Department of Transportation or the State  Superintendent
10    of   Education   (directly  or  indirectly  through  regional
11    superintendents of schools) shall be  the  custodian  at  any
12    time  of  any  other available funds or moneys pledged to the
13    payment of such local government  securities  or  such  lease
14    rental  payments  securing  such  local government securities
15    pursuant to this Section and due or payable to such a unit of
16    local government at any time subsequent to written notice  to
17    the  State Comptroller and State Treasurer from the Authority
18    or any entity acting on behalf of the  Authority  (including,
19    without limitation, any trustee) to the effect that such unit
20    of  local  government  has  not  paid  or is in default as to
21    payment of the principal of, premium, if any, or interest on,
22    or fees relating to, any local government  security  sold  or
23    delivered  to  the  Authority  or any such entity (including,
24    without limitation, any trustee) or has not  paid  or  is  in
25    default  as  to  the  payment  of  such lease rental payments
26    securing the payment of the principal of, premium, if any, or
27    interest on, or other fees relating to, any local  government
28    security  sold  or  delivered  to the Authority or such other
29    entity (including, without limitation, any trustee):
30             (i) The State Comptroller and  the  State  Treasurer
31        shall  withhold  the payment of such funds or moneys from
32        such unit of local government until the  amount  of  such
33        principal, premium, if any, interest or fees then due and
34        unpaid  has been paid to the Authority or any such entity
 
SB1075 Enrolled            -74-      LRB093 08352 JAM 08571 b
 1        (including, without  limitation,  any  trustee),  or  the
 2        State  Comptroller  and  the  State  Treasurer  have been
 3        advised that arrangements, satisfactory to the  Authority
 4        or  such  entity,  have been made for the payment of such
 5        principal, premium, if any, interest and fees; and
 6             (ii) Within 10 days after a demand  for  payment  by
 7        the  Authority or such entity given to such unit of local
 8        government,   the   State   Treasurer   and   the   State
 9        Comptroller, the State Treasurer shall pay such funds  or
10        moneys as are legally available therefor to the Authority
11        or  such entity for the payment of principal of, premium,
12        if any, or interest on, or fees relating to,  such  local
13        government  securities.  The Authority or any such entity
14        may carry out this Section and exercise all  the  rights,
15        remedies  and  provisions provided or referred to in this
16        Section.
17        (d) Remedies. Upon the sale  or  delivery  of  any  local
18    government  securities  of the Authority or its designee, the
19    local  government  which   issued   such   local   government
20    securities  shall  be  deemed  to  have  agreed that upon its
21    failure to pay interest or premium, if any, on, or  principal
22    of, or fees relating to, the local government securities sold
23    or  delivered to the Authority or any entity acting on behalf
24    of the Authority (including, without limitation, any trustee)
25    when  payable,  all  statutory  defenses  to  nonpayment  are
26    thereby waived. Upon a default in payment of principal of  or
27    interest  on any local government securities issued by a unit
28    of local government and sold or delivered to the Authority or
29    its designee, and upon demand on the unit of local government
30    for payment, if the local government securities  are  payable
31    from  property  taxes  and funds are not legally available in
32    the treasury of the unit of local government to make payment,
33    an action in mandamus for the levy of a tax by  the  unit  of
34    local  government  to pay the principal of or interest on the
 
SB1075 Enrolled            -75-      LRB093 08352 JAM 08571 b
 1    local government securities shall lie, and the  Authority  or
 2    such  entity  shall  be  constituted a holder or owner of the
 3    local government securities as being  in  default.  Upon  the
 4    occurrence  of  any  failure  or  default with respect to any
 5    local  government  securities  issued  by  a  unit  of  local
 6    government, the Authority or such entity may thereupon  avail
 7    itself   of  all  remedies,  rights  and  provisions  of  law
 8    applicable in the circumstances, and the failure to  exercise
 9    or  exert  any  rights  or  remedies  within a time or period
10    provided by law may not be raised as a defense by the unit of
11    local government.

12        Section 820-55. Eligible Investments.  Bonds,  issued  by
13    the  Authority  pursuant  to  the provisions of this Article,
14    shall be permissible investments  within  the  provisions  of
15    Section 805-40 of this Act.

16        Section  820-60.  Tax  Exemption.  The exercise of powers
17    granted in this Article is in all respects for the benefit of
18    the people of Illinois and in consideration thereof the bonds
19    issued pursuant to the aforementioned Sections and the income
20    therefrom shall be free from all taxation by the State or its
21    political  subdivisions,  except  for  estate,  transfer  and
22    inheritance  taxes.  For  purposes  of  Section  250  of  the
23    Illinois Income Tax Act, the exemption  of  the  income  from
24    bonds   issued   under   the  aforementioned  Sections  shall
25    terminate after all of the bonds have been paid.  The  amount
26    of such income that shall be added and then subtracted on the
27    Illinois income tax return of a taxpayer, pursuant to Section
28    203  of  the  Illinois  Income Tax Act, from federal adjusted
29    gross income or federal taxable income in computing  Illinois
30    base  income  shall  be  the interest net of any bond premium
31    amortization.
 
SB1075 Enrolled            -76-      LRB093 08352 JAM 08571 b
 1                             ARTICLE 825
 2                            OTHER POWERS

 3        Section  825-5.  Motion   Picture   Production   Program;
 4    Findings  and  Declaration  of Policy. It is hereby found and
 5    declared that  the  production  of  motion  pictures  has  an
 6    enormous   potential   for   contributing   to  the  economic
 7    well-being of the State and its communities; that a  critical
 8    mass  of  movie  productions  is  essential to the continuing
 9    viability of this fledgling industry  in  Illinois;  that  to
10    achieve this critical mass, a financial inducement to attract
11    movie  productions  to  the  State  is required; and that the
12    provisions of this Act are  hereby  declared  to  be  in  the
13    public interest and for the public benefit.

14        Section  825-10.  The Authority may develop a program for
15    financing the production of motion pictures in the  State  of
16    Illinois.  All  projects  financed  by  the  Authority  shall
17    require  the  approval  of both the Illinois Arts Council and
18    the Authority.

19        Section 825-15. Credit Enhancement Development Fund.
20        (a)  There  is  hereby  created  the  Credit  Enhancement
21    Development Fund in the Authority. The Treasurer  shall  have
22    custody  of  the  fund, which shall be held outside the State
23    treasury. Custody may be  transferred  to  and  held  by  any
24    fiduciary with whom the Authority executes a trust agreement.
25    All  or  any  portion  of such amounts may be used (i) to pay
26    principal, interest and premium, if any, on any bonds  issued
27    by  the Authority or to fund any reserves or accounts created
28    for such purpose, (ii) to pay  the  cost  of  any  letter  of
29    credit,  insurance  or  third  party  guarantee provided with
30    respect to any bond issued by the Authority or loan  made  by
31    the  Authority,  (iii)  to guarantee or otherwise enhance the
 
SB1075 Enrolled            -77-      LRB093 08352 JAM 08571 b
 1    credit of any bond issued by the Authority or  loan  made  by
 2    the   Authority,  or  (iv)  to  make  loans  to  any  person,
 3    corporation or unit  of  local  government  for  any  project
 4    authorized to be financed by the Authority under this Act.
 5        (b)  The  Authority  shall report to the Governor and the
 6    General Assembly no later than June 1, 2004, on the extent to
 7    which its use  of  monies  in  this  Fund  has  enhanced  the
 8    creditworthiness  of  its  bonds  issued  or  loans made with
 9    respect to any person, thereby reducing the cost of financing
10    projects authorized by this Act.

11        Section 825-20. Financially  Distressed  City  Assistance
12    Program;  Findings  and  Declarations of Policy. It is hereby
13    found and declared that there exists an urgent need to reduce
14    involuntary  unemployment  and  economic  stagnation   within
15    financially  distressed  cities  and to create therein a more
16    favorable economic climate for the  development  of  new  and
17    improved  employment  opportunities  for the citizens of such
18    cities; that to address such need it is necessary to  promote
19    sound  financial  management and fiscal integrity within such
20    cities in order to provide a secure financial basis for their
21    continued operation; and that implementation of a financially
22    distressed city assistance program under  the  provisions  of
23    this Act is declared to be in the public interest and for the
24    public benefit.

25        Section  825-25.  Definition.  As used in Sections 825-20
26    through 825-60 of this Act, the term "financially  distressed
27    city"  means  a  unit  of  local  government  which  has been
28    certified and designated as  a  financially  distressed  city
29    under  Section  8-12-4  of the Illinois Municipal Code and to
30    which the provisions of Division 12 of Article 8 of that Code
31    have become applicable as provided by that Section 8-12-4.
 
SB1075 Enrolled            -78-      LRB093 08352 JAM 08571 b
 1        Section 825-30. Powers and Duties; Financing.
 2        (a) Upon application of the financial advisory  authority
 3    established  for a financially distressed city under Division
 4    12 of Article 8 of the Illinois Municipal Code, the Authority
 5    shall have the power to  issue  its  bonds,  notes  or  other
 6    evidences  of  indebtedness,  the proceeds of which are to be
 7    used to make loans  to  a  financially  distressed  city  for
 8    purposes  of  enabling  that  city to restructure its current
 9    indebtedness  and  to  provide  and  pay  for  its  essential
10    municipal services as determined in a manner consistent  with
11    Division  12  of  Article 8 of the Illinois Municipal Code by
12    the financial advisory authority established  for  that  city
13    under that Division 12.
14        (b)  Bonds authorized to be issued by the Authority under
15    Sections 825-20 through 825-60 shall  be  payable  from  such
16    revenues,  income,  funds  and  accounts  of  the financially
17    distressed city which receives a loan of any proceeds of  the
18    bonds   so  issued  as  the  Authority  shall  determine  and
19    prescribe in the loan agreement.
20        (c) The Authority may prescribe the form and contents  of
21    any  application  submitted  under  subsection  (a)  of  this
22    Section  and  may,  at  its discretion, accept or reject such
23    application or require  such  additional  information  as  it
24    deems  necessary  to  aid  in its review and determination of
25    whether it will issue its bonds and loan the proceeds thereof
26    as authorized under Sections 825-20 through 825-60.
27        (d) The amount of bonds issued or proceeds thereof loaned
28    by the Authority with respect to  an  application  which  the
29    Authority has approved shall be determined by the Authority.
30        (e)  The  financially  distressed  city  receiving a loan
31    under Sections 825-20 through 825-60 shall enter into a  loan
32    agreement in the form and manner prescribed by the Authority,
33    and  shall  pay back to the Authority the principal amount of
34    the  loan,  plus  annual  interest  as  determined   by   the
 
SB1075 Enrolled            -79-      LRB093 08352 JAM 08571 b
 1    Authority.  The  Authority  shall  have the power, subject to
 2    appropriations by the General Assembly, to subsidize  or  buy
 3    down  a  portion  of the interest on such loans, up to 4% per
 4    annum.
 5        (f) The Authority  shall  create  and  establish  a  debt
 6    service  reserve  fund to be maintained by a trustee separate
 7    and segregated from all  other  funds  and  accounts  of  the
 8    Authority.  This  reserve fund shall be initially funded by a
 9    contribution of State monies.
10        (g) The amount to be  accumulated  in  the  debt  service
11    reserve  fund  shall be determined by the Authority but shall
12    not exceed the maximum  amount  of  interest,  principal  and
13    sinking  fund  installments  due  in  any succeeding calendar
14    year.

15        Section  825-35.  Pledge  of   Funds.   Any   financially
16    distressed  city  which receives funds from the Department of
17    Revenue, including without limitation funds received pursuant
18    to Section 8-11-1, 8-11-5 or 8-11-6 of the Illinois Municipal
19    Code or Section 2 or 12 of the State Revenue Sharing Act,  or
20    from  the  Department of Transportation pursuant to Section 8
21    of the Motor Fuel Tax Law, may, by  appropriate  proceedings,
22    pledge  to  the  Authority, or any entity acting on behalf of
23    the Authority (including, without limitation,  any  trustee),
24    any  or all of such receipts to the extent that such receipts
25    are determined by the Authority to be  necessary  to  provide
26    revenues  to  pay  or secure the payment of the principal of,
27    premium, if any, and interest on any of the bonds  issued  on
28    behalf  of, or loans made to, the financially distressed city
29    by the Authority under Sections 825-20  through  825-60.  The
30    adoption  of such proceedings shall constitute a directive to
31    the State Comptroller and State Treasurer to pay  to,  or  on
32    behalf  of,  the  Authority  or such other entity (including,
33    without limitation, any trustee) such portion of the  pledged
 
SB1075 Enrolled            -80-      LRB093 08352 JAM 08571 b
 1    receipts  from  the  Department  of  Revenue or Department of
 2    Transportation, as the  case  may  be,  and  with  the  State
 3    Comptroller  and  the  State  Treasurer.  With respect to any
 4    bonds issued on behalf of, or loans made to, the  financially
 5    distressed  city  by  the  Authority  under  Sections  825-20
 6    through  825-60,  which  are  in  default  in  the payment of
 7    principal, premium, if any, or interest, to the  extent  that
 8    the State Treasurer, the State Comptroller, the Department of
 9    Revenue  or  the  Department  of  Transportation shall be the
10    custodian at any time of any other available funds or  moneys
11    pledged to the payment of such local government securities or
12    such  lease  rental  payments  securing such local government
13    securities pursuant to this Section and  due  or  payable  to
14    such  a  unit  of  local government at any time subsequent to
15    written notice to the State Comptroller and  State  Treasurer
16    from  the  Authority  or  any  entity acting on behalf of the
17    Authority (including, without limitation, any trustee) to the
18    effect that such financially distressed city has not paid  or
19    is  in default as to payment of the principal of, premium, if
20    any, or interest on any bonds issued on behalf of,  or  loans
21    made  to,  the  financially  distressed city by the Authority
22    under Sections 825-20 through 825-60:
23        (a) The State Comptroller and the State  Treasurer  shall
24    withhold  the  payment  of  such  funds  or  moneys  from the
25    financially  distressed  city  until  the  amount   of   such
26    principal,  premium, if any, and interest then due and unpaid
27    has been paid to the  Authority  or  such  entity  acting  on
28    behalf  of  the Authority (including, without limitation, any
29    trustee), or the State Comptroller or  State  Treasurer  have
30    been advised that arrangements, satisfactory to the Authority
31    or  such  entity,  have  been  made  for  the payment of such
32    principal, premium, if any, and interest; and
33        (b) Within 10 days after a  demand  for  payment  by  the
34    Authority  or such entity is given to the State Treasurer and
 
SB1075 Enrolled            -81-      LRB093 08352 JAM 08571 b
 1    the State Comptroller, the State  Treasurer  shall  pay  such
 2    funds  or  moneys  as  are  legally available therefor to the
 3    Authority or  such  entity  for  the  payment  of  principal,
 4    premium,  if  any,  and  interest on such bonds or loans. The
 5    Authority or such entity  may  carry  out  this  Section  and
 6    exercise  all the rights, remedies and provisions provided or
 7    referred to in this Section.

 8        Section 825-40. Additional security. In  the  event  that
 9    the  Authority  determines that funds pledged, intercepted or
10    otherwise received or to be received by the  Authority  under
11    Section  825-20  of  this  Act will not be sufficient for the
12    payment of the  principal,  premium,  if  any,  and  interest
13    during  the next State fiscal year on any bonds issued by the
14    Authority under Sections 825-20 through 825-60, the Chairman,
15    as soon as is practicable, shall certify to the Governor  the
16    amount  required  by  the  Authority  to enable it to pay the
17    principal, premium, if any, and interest falling due on  such
18    bonds.  The  Governor shall submit the amount so certified to
19    the General Assembly as soon as  practicable,  but  no  later
20    than the end of the current State fiscal year. This paragraph
21    shall  not apply to any bonds as to which the Authority shall
22    have  determined,  in  the   resolution   authorizing   their
23    issuance,  that  this paragraph shall not apply. Whenever the
24    Authority makes such a  determination,  that  fact  shall  be
25    plainly  stated on the face of such bonds and that fact shall
26    also  be  reported  to  the  Governor.  In  the  event  of  a
27    withdrawal  of  moneys  from  a  debt  service  reserve  fund
28    established with respect to any issue or issues of  bonds  of
29    the  Authority  to pay principal and interest on those bonds,
30    the Chairman, as soon as practicable, shall  certify  to  the
31    Governor the amount required to restore such reserve funds to
32    the  level  required  in the resolution or indenture securing
33    the bonds. The Governor shall submit the amount so  certified
 
SB1075 Enrolled            -82-      LRB093 08352 JAM 08571 b
 1    to the General Assembly as soon as practicable, but not later
 2    than the end of the current State fiscal year.

 3        Section 825-50. Eligible Investments. Bonds issued by the
 4    Authority pursuant to Sections 825-20 through 825-60 shall be
 5    permissible  investments  within  the  provisions  of Section
 6    805-40.

 7        Section 825-55.   Tax  Exemption.  The  exercise  of  the
 8    powers  granted  in Sections 825-20 through 825-60 are in all
 9    respects for the benefit of the people of  Illinois,  and  in
10    consideration  thereof shall be free from all taxation by the
11    State or  its  political  subdivisions,  except  for  estate,
12    transfer  and  inheritance taxes. For the purposes of Section
13    250 of the Illinois Income Tax  Act,  the  exemption  of  the
14    income  from  bonds  issued under the aforementioned Sections
15    shall terminate after all of the bonds have  been  paid.  The
16    amount of such income that shall be added and then subtracted
17    on  the Illinois income tax return of a taxpayer, pursuant to
18    Section 203 of the Illinois  Income  Tax  Act,  from  federal
19    adjusted  gross income or federal taxable income in computing
20    Illinois base income shall be the interest net  of  any  bond
21    premium amortization.

22        Section  825-60.  Financially  Distressed City Assistance
23    Program Limitation. In addition to the bonds authorized to be
24    issued under Sections 801-40(w), 825-65(e), 830-25 and 845-5,
25    the Authority may have outstanding at any time, bonds for the
26    purposes enumerated in Sections 825-20 through 825-60  in  an
27    aggregate principal amount that shall not exceed $50,000,000.
28    Such bonds shall not constitute an indebtedness or obligation
29    of  the  State of Illinois, and it shall be plainly stated on
30    the face of each bond that it does  not  constitute  such  an
31    indebtedness  or  obligation  but  is payable solely from the
 
SB1075 Enrolled            -83-      LRB093 08352 JAM 08571 b
 1    revenues, income or other assets  of  the  Authority  pledged
 2    therefor.

 3        Section 825-65. Clean Coal and Energy Project Financing.
 4        (a)  Findings  and  declaration  of  policy. It is hereby
 5    found and declared that Illinois has abundant coal  resources
 6    and,  in some areas of Illinois, the demand for power exceeds
 7    the  generating  capacity.  Incentives   to   encourage   the
 8    construction  of  coal-fired  electric  generating  plants in
 9    Illinois to ensure power generating capacity into the  future
10    are in the best interests of all of the citizens of Illinois.
11    The  Authority  is  authorized to issue bonds to help finance
12    Clean Coal and Energy projects pursuant to this Section.
13        (b) Definition. "Clean Coal and  Energy  projects"  means
14    new  electric  generating  facilities,  as defined in Section
15    605-332  of  the  Department   of   Commerce   and   Economic
16    Opportunity Law of the Civil Administrative Code of Illinois,
17    which  may  include  mine-mouth  power  plants, projects that
18    employ the use of clean coal technology, projects to  provide
19    scrubber technology for existing energy generating plants, or
20    projects to provide electric transmission facilities.
21        (c)   Creation   of  reserve  funds.  The  Authority  may
22    establish and maintain one or more reserve funds  to  enhance
23    bonds  issued  by  the  Authority  for  Clean Coal and Energy
24    projects to develop  alternative  energy  sources,  including
25    renewable  energy  projects,  projects  to  provide  scrubber
26    technology  for existing energy generating plants or projects
27    to provide electric transmission facilities. There may be one
28    or more accounts in these reserve funds in which there may be
29    deposited:
30             (1)  any  proceeds  of  the  bonds  issued  by   the
31        Authority  required  to be deposited therein by the terms
32        of any contract between the Authority and its bondholders
33        or any resolution of the Authority;
 
SB1075 Enrolled            -84-      LRB093 08352 JAM 08571 b
 1             (2) any other moneys or funds of the Authority  that
 2        it  may  determine  to  deposit  therein  from  any other
 3        source; and
 4             (3) any other moneys or funds made available to  the
 5        Authority.  Subject  to  the  terms  of any pledge to the
 6        owners of any bonds, moneys in any reserve  fund  may  be
 7        held and applied to the payment of principal, premium, if
 8        any, and interest of such bonds.
 9        (d) Powers and duties. The Authority has the power:
10             (1) To issue bonds in one or more series pursuant to
11        one  or  more  resolutions of the Authority for any Clean
12        Coal and Energy projects authorized under  this  Section,
13        within the authorization set forth in subsections (e) and
14        (f).
15             (2)  To  provide  for the funding of any reserves or
16        other funds or accounts deemed necessary by the Authority
17        in connection with any bonds issued by the Authority.
18             (3) To pledge any funds of the  Authority  or  funds
19        made  available  to  the Authority that may be applied to
20        such purpose as security for any bonds or any guarantees,
21        letters of credit, insurance contracts or similar  credit
22        support or liquidity instruments securing the bonds.
23             (4) To enter into agreements or contracts with third
24        parties,  whether  public  or private, including, without
25        limitation, the United States of America,  the  State  or
26        any   department   or   agency  thereof,  to  obtain  any
27        appropriations, grants,  loans  or  guarantees  that  are
28        deemed  necessary or desirable by the Authority. Any such
29        guarantee, agreement or contract may  contain  terms  and
30        provisions  necessary or desirable in connection with the
31        program, subject to the requirements established  by  the
32        Act.
33             (5)  To  exercise such other powers as are necessary
34        or incidental to the foregoing.
 
SB1075 Enrolled            -85-      LRB093 08352 JAM 08571 b
 1        (e)  Clean  Coal  and  Energy  bond   authorization   and
 2    financing  limits.  In addition to any other bonds authorized
 3    to be issued under Sections  801-40(w),  825-60,  830-25  and
 4    845-5, the Authority may have outstanding, at any time, bonds
 5    for  the  purpose  enumerated  in  this  Section 825-65 in an
 6    aggregate   principal   amount   that   shall   not    exceed
 7    $2,700,000,000,  of  which  no  more than $300,000,000 may be
 8    issued to  finance  transmission  facilities,  no  more  than
 9    $500,000,000  may  be issued to finance scrubbers at existing
10    generating plants, no more than $500,000,000 may be issued to
11    finance  alternative  energy  sources,  including   renewable
12    energy projects and no more than $1,400,000,000 may be issued
13    to  finance new electric generating facilities, as defined in
14    Section 605-332 of the Department of  Commerce  and  Economic
15    Opportunity Law of the Civil Administrative Code of Illinois,
16    which may include mine-mouth power plants. An application for
17    a  loan  financed  from  bond proceeds from a borrower or its
18    affiliates for a Clean Coal and Energy  project  may  not  be
19    approved  by  the  Authority  for  an  amount  in  excess  of
20    $450,000,000  for any borrower or its affiliates. These bonds
21    shall not constitute an indebtedness  or  obligation  of  the
22    State  of Illinois and it shall be plainly stated on the face
23    of each bond that it does not constitute an  indebtedness  or
24    obligation  of  the  State of Illinois, but is payable solely
25    from the revenues, income or other assets  of  the  Authority
26    pledged therefor.
27        (f)  Additional  Clean Coal and Energy bond authorization
28    and  financing  limits.  In  addition  to  any  other   bonds
29    authorized  to  be  issued  under this Act, the Authority may
30    issue bonds for the purpose enumerated in this Section 825-65
31    in an  aggregate  principal  amount  that  shall  not  exceed
32    $300,000,000.

33        Section   825-70.   Criteria  for  participation  in  the
 
SB1075 Enrolled            -86-      LRB093 08352 JAM 08571 b
 1    program. Applications to the Authority for financing  of  any
 2    Clean  Coal  and  Energy  project  shall  be  reviewed by the
 3    Authority. Upon  submission  of  any  such  application,  the
 4    Authority   staff   shall  review  the  application  for  its
 5    completeness and may, at  the  discretion  of  the  Authority
 6    staff,  request  such  additional  information  as  it  deems
 7    necessary  or  advisable  to  aid in review. If the Authority
 8    receives applications for financing for Clean Coal and Energy
 9    projects in excess of the bond  authorization  available  for
10    such   financing   at   any   one  time,  it  shall  consider
11    applications in the order of priority as it shall  determine,
12    in consultation with other State agencies.

13        Section  825-75.  Additional  Security. In the event that
14    the Authority determines that monies of  the  Authority  will
15    not  be  sufficient  for  the payment of the principal of and
16    interest on any bonds issued by the Authority under  Sections
17    825-65  through  825-75  of  this  Act  for energy generation
18    projects that advance clean coal technology and  the  use  of
19    Illinois   coal  during  the  next  State  fiscal  year,  the
20    Chairperson, as soon as practicable,  shall  certify  to  the
21    Governor the amount required by the Authority to enable it to
22    pay  such  principal,  premium,  if any, and interest on such
23    bonds. The Governor shall submit the amount so  certified  to
24    the  General  Assembly  as  soon as practicable, but no later
25    than  the  end  of  the  current  State  fiscal  year.   This
26    subsection  shall not apply to any bonds or notes as to which
27    the  Authority  shall  have  determined,  in  the  resolution
28    authorizing the issuance of the bonds  or  notes,  that  this
29    subsection shall not apply. Whenever the Authority makes such
30    a  determination,  that  fact  shall be plainly stated on the
31    face of the bonds or notes  and  that  fact  should  also  be
32    reported  to  the  Governor.  In the event of a withdrawal of
33    moneys from a reserve fund established with  respect  to  any
 
SB1075 Enrolled            -87-      LRB093 08352 JAM 08571 b
 1    issue  or  issues of bonds of the Authority to pay principal,
 2    premium, if any, and interest on such bonds, the Chairman  of
 3    the  Authority,  as soon as practicable, shall certify to the
 4    Governor the amount required to restore the reserve  fund  to
 5    the  level  required  in the resolution or indenture securing
 6    those  bonds.  The  Governor  shall  submit  the  amount   so
 7    certified to the General Assembly as soon as practicable, but
 8    no  later  than the end of the current State fiscal year. The
 9    Authority shall obtain written approval from the Governor for
10    any bonds and notes to be issued under this Section.

11                             ARTICLE 830
12                       AGRICULTURAL ASSISTANCE

13        Section 830-5. The Authority  shall  have  the  following
14    powers:
15        (a)  To  loan its funds to one or more persons to be used
16    by such persons to pay the costs of acquiring,  constructing,
17    reconstructing  or improving Agricultural Facilities, soil or
18    water conservation projects or watershed areas, such loans to
19    be on such terms and conditions, and for such period of time,
20    and secured or evidenced by such mortgages, deeds  of  trust,
21    notes,  debentures,  bonds  or  other  secured  or  unsecured
22    evidences  of  indebtedness  of such persons as the Board may
23    determine;
24        (b) To loan its funds to any agribusiness which  operates
25    or  will  operate  a  facility  located in Illinois for those
26    purposes permitted by rules and regulations  issued  pursuant
27    to the Internal Revenue Code of 1954, as amended, relating to
28    the  use of moneys loaned from the proceeds from the issuance
29    of industrial development revenue bonds; such loans shall  be
30    on terms and conditions, and for periods of time, and secured
31    or evidenced by mortgages, deeds of trust, notes, debentures,
32    bonds or other secured or unsecured evidences of indebtedness
 
SB1075 Enrolled            -88-      LRB093 08352 JAM 08571 b
 1    of such agribusiness as the Board may require;
 2        (c) To purchase, or to make commitments to purchase, from
 3    lenders  notes,  debentures,  bonds  or  other  evidences  of
 4    indebtedness   secured  by  mortgages,  deeds  of  trust,  or
 5    security  devices,  or  unsecured,  as  the   Authority   may
 6    determine,  or  portions  thereof  or participations therein,
 7    which notes, bonds, or other evidences of indebtedness  shall
 8    have  been  or  will  be  executed by the obligors thereon to
 9    obtain  funds   with   which   to   acquire,   by   purchase,
10    construction,    or   otherwise,   reconstruct   or   improve
11    Agricultural Facilities;
12        (d)  To  contract  with  lenders  or   others   for   the
13    origination  of  or  the  servicing  of the loans made by the
14    Authority pursuant to this  Section  or  represented  by  the
15    notes, bonds, or other evidences of indebtedness which it has
16    purchased  pursuant  to  this  Section;  provided  that  such
17    servicing  fees shall not exceed one percent per annum of the
18    principal amount outstanding owed to the Authority; and
19        (e) To enter into a State Guarantee with a  lender  or  a
20    person  holding  a  note  and  to  sell  or  issue such State
21    Guarantees, bonds or evidences of indebtedness in  a  primary
22    or a secondary market.

23        Section  830-10. (a) The Authority shall establish a Farm
24    Debt Relief Program to help provide eligible Illinois farmers
25    with State assistance in meeting their farming-related debts.
26        (b) To be eligible for the program, a person must (1)  be
27    actively   engaged   in  farming  in  this  State,  (2)  have
28    farming-related debts in an amount equal to at least  55%  of
29    the  person's  total  assets, and (3) demonstrate that he can
30    secure credit from a conventional lender for  the  1986  crop
31    year.
32        (c)  An  eligible  person  may apply to the Authority, in
33    such manner as the Authority may specify, for a one-time farm
 
SB1075 Enrolled            -89-      LRB093 08352 JAM 08571 b
 1    debt relief payment of up to 2% of the  person's  outstanding
 2    farming-related  debt.  If  the Authority determines that the
 3    applicant is eligible for a payment under  this  Section,  it
 4    may  then  approve  a  payment to the applicant. Such payment
 5    shall consist of a payment made by the Authority directly  to
 6    one  or more of the applicant's farming-related creditors, to
 7    be   applied   to   the   reduction   of   the    applicant's
 8    farming-related  debt.  The  applicant  shall  be entitled to
 9    select the creditor or  creditors  to  receive  the  payment,
10    unless  the  applicant  is  subject  to the jurisdiction of a
11    bankruptcy court, in which case the selection  of  the  court
12    shall control.
13        (d)  Payments  shall  be  made  from  the  Farm Emergency
14    Assistance Fund, which is hereby  established  as  a  special
15    fund  in  the  State treasury, from funds appropriated to the
16    Authority for that purpose. No grant may exceed the lesser of
17    (1) 2% of the applicant's outstanding farm-related  debt,  or
18    (2)  $2000. Not more than one grant under this Section may be
19    made to any one person, or to any one household,  or  to  any
20    single farming operation.
21        (e)  Payments  to applicants having farming-related debts
22    in an amount equal to at least  55%  of  the  person's  total
23    assets,  but  less than 70%, shall be repaid by the applicant
24    to  the  Authority  for  deposit  into  the  Farm   Emergency
25    Assistance  Fund  within five years from the date the payment
26    was made. Repayment  shall  be  made  in  equal  installments
27    during  the  five-year  period  with  no  additional interest
28    charge and may be prepaid in whole or in part  at  any  time.
29    Applicants having farming-related debts in an amount equal to
30    at  least  70%  of  the  person's  total  assets shall not be
31    required to make any repayment. Assets shall include, but not
32    be limited to, the following: cash crops  or  feed  on  hand;
33    livestock held for sale; breeding stock; marketable bonds and
34    securities;   securities  not  readily  marketable;  accounts
 
SB1075 Enrolled            -90-      LRB093 08352 JAM 08571 b
 1    receivable; notes receivable; cash invested in growing crops;
 2    net cash value of life insurance;  machinery  and  equipment;
 3    cars  and  trucks;  farm and other real estate including life
 4    estates and personal residence; value of beneficial interests
 5    in trusts; government  payments  or  grants;  and  any  other
 6    assets.  Debts  shall  include,  but  not  be limited to, the
 7    following: accounts payable; notes or other indebtedness owed
 8    to any source; taxes;  rent;  amounts  owed  on  real  estate
 9    contracts   or  real  estate  mortgages;  judgments;  accrued
10    interest payable; and any other liability.

11        Section 830-15. Interest-buy-back program.
12        (a) The Authority shall  establish  an  interest-buy-back
13    program  to  subsidize  the interest cost on certain loans to
14    Illinois farmers.
15        (b) To be eligible an applicant must (i) be a resident of
16    Illinois; (ii) be a principal operator of  a  farm  or  land;
17    (iii)  derive  at  least  50%  of  annual  gross  income from
18    farming; and (iv) have a net worth of at least  $10,000.  The
19    Authority  shall  establish  minimum  and  maximum  financial
20    requirements,  maximum  payment  amounts, starting and ending
21    dates for the program, and other criteria.
22        (c) Lenders may apply on behalf of eligible applicants on
23    forms provided by the Authority. Lenders may submit  requests
24    for  payment  on forms provided by the Authority. Lenders and
25    applicants shall be responsible for any fees or  charges  the
26    Authority may require.
27        (d)  The  Authority  shall  make payments to lenders from
28    available appropriations from the General Revenue Fund.

29        Section 830-20. The Authority may not pass  a  resolution
30    authorizing  the  issuance of any notes or bonds in excess of
31    $250,000 for any one agricultural real  estate  borrower.  No
32    proceeds  from  any  bonds  issued  by the Authority shall be
 
SB1075 Enrolled            -91-      LRB093 08352 JAM 08571 b
 1    loaned to any natural person who has a net worth in excess of
 2    $500,000 for the purchase  of  new  depreciable  agricultural
 3    property   or   to   any  agribusiness  that,  including  all
 4    affiliates and subsidiaries, has more than 100 employees  and
 5    a   gross  income  exceeding  $2,000,000  for  the  preceding
 6    calendar year; provided, however, that the employee size  and
 7    gross  income  limitations  shall  not  apply to any loans to
 8    agribusinesses for research  and  development  purposes,  and
 9    provided further that the Authority shall retain the power to
10    waive such limitations for any agribusiness that, at the time
11    of  application,  does  not  operate  a  facility within this
12    State.

13        Section  830-25.  Bonded  indebtedness  limitation.   The
14    Authority  shall  not  have outstanding at any one time State
15    Guarantees under Section 830-30  in  an  aggregate  principal
16    amount  exceeding  $160,000,000. The Authority shall not have
17    outstanding at any one time State Guarantees  under  Sections
18    830-35,  830-45  and  830-50 in an aggregate principal amount
19    exceeding $75,000,000.

20        Section 830-30. State Guarantees for existing debt.
21        (a) The Authority is authorized to issue State Guarantees
22    for farmers'  existing  debts  held  by  a  lender.  For  the
23    purposes  of  this  Section,  a farmer shall be a resident of
24    Illinois, who is a principal operator of a farm or  land,  at
25    least  50%  of  whose  annual  gross  income  is derived from
26    farming and whose debt to asset ratio shall not be less  than
27    40%, except in those cases where the applicant has previously
28    used  the  guarantee  program there shall be no debt to asset
29    ratio  or  income  restriction.  For  the  purposes  of  this
30    Section,  debt  to  asset  ratio  shall  mean   the   current
31    outstanding  liabilities of the farmer divided by the current
32    outstanding  assets  of  the  farmer.  The  Authority   shall
 
SB1075 Enrolled            -92-      LRB093 08352 JAM 08571 b
 1    establish  the  maximum permissible debt to asset ratio based
 2    on criteria established by the Authority. Lenders shall apply
 3    for the State Guarantees on forms provided by  the  Authority
 4    and  certify  that  the  application  and any other documents
 5    submitted are true and correct. The lender  or  borrower,  or
 6    both  in  combination,  shall  pay  an  administrative fee as
 7    determined  by  the  Authority.  The   applicant   shall   be
 8    responsible  for  paying  any  fees  or  charges  involved in
 9    recording   mortgages,   releases,   financing    statements,
10    insurance  for  secondary market issues and any other similar
11    fees or charges as the Authority may require. The application
12    shall at  a  minimum  contain  the  farmer's  name,  address,
13    present credit and financial information, including cash flow
14    statements,  financial  statements,  balance  sheets, and any
15    other information  pertinent  to  the  application,  and  the
16    collateral  to  be  used  to  secure  the State Guarantee. In
17    addition, the lender must agree to bring the farmer's debt to
18    a current status at the time the State Guarantee is  provided
19    and  must also agree to charge a fixed or adjustable interest
20    rate which the Authority determines to be  below  the  market
21    rate of interest generally available to the borrower. If both
22    the  lender  and  applicant  agree,  the interest rate on the
23    State Guarantee Loan can be converted  to  a  fixed  interest
24    rate  at  any  time  during  the  term of the loan. Any State
25    Guarantees provided under this Section (i) shall  not  exceed
26    $500,000  per  farmer,  (ii)  shall  be  set  up on a payment
27    schedule not to exceed 30 years, and shall be no longer  than
28    30 years in duration, and (iii) shall be subject to an annual
29    review  and renewal by the lender and the Authority; provided
30    that only one such State Guarantee shall be  outstanding  per
31    farmer  at  any one time. No State Guarantee shall be revoked
32    by the Authority without a 90-day notice, in writing, to  all
33    parties. In those cases where the borrower has not previously
34    used the guarantee program, the lender shall not call due any
 
SB1075 Enrolled            -93-      LRB093 08352 JAM 08571 b
 1    loan  during the first 3 years for any reason except for lack
 2    of performance or insufficient  collateral.  The  lender  can
 3    review  and  withdraw or continue with the State Guarantee on
 4    an annual basis after the first 3 years of the loan, provided
 5    a 90-day notice, in writing, to all parties has been given.
 6        (b)  The  Authority  shall  provide  or  renew  a   State
 7    Guarantee to a lender if:
 8             (i)  A  fee  equal to 25 basis points on the loan is
 9        paid to the Authority on an annual basis by the lender.
10             (ii)  The application provides collateral acceptable
11        to the Authority that is at least equal  to  the  State's
12        portion of the Guarantee to be provided.
13             (iii)  The  lender  assumes  all  responsibility and
14        costs for pursuing legal action on  collecting  any  loan
15        that is delinquent or in default.
16             (iv)  The lender is responsible for the first 15% of
17        the outstanding principal of the note for which the State
18        Guarantee has been applied.
19        (c) There is hereby created outside of the State treasury
20    a  special fund to be known as the Illinois Agricultural Loan
21    Guarantee Fund. The State Treasurer  shall  be  custodian  of
22    this  Fund.  Any  amounts  in  the Illinois Agricultural Loan
23    Guarantee Fund not currently needed to meet  the  obligations
24    of  the  Fund  shall  be invested as provided by law, and all
25    interest earned from these  investments  shall  be  deposited
26    into  the  Fund  until  the  Fund  reaches the maximum amount
27    authorized in this Act; thereafter, interest earned shall  be
28    deposited  into  the General Revenue Fund. After September 1,
29    1989, annual investment earnings equal to 1.5%  of  the  Fund
30    shall  remain  in  the  Fund  to  be  used  for  the purposes
31    established in Section 830-40 of this Act. The  Authority  is
32    authorized  to  transfer  to  the  Fund  such  amounts as are
33    necessary to satisfy claims during the duration of the  State
34    Guarantee  program  to  secure  State Guarantees issued under
 
SB1075 Enrolled            -94-      LRB093 08352 JAM 08571 b
 1    this Section. If for any reason the General Assembly fails to
 2    make an appropriation sufficient to meet  these  obligations,
 3    this  Act  shall  constitute  an  irrevocable  and continuing
 4    appropriation of an amount necessary to secure guarantees  as
 5    defaults  occur  and the irrevocable and continuing authority
 6    for,  and  direction  to,  the  State   Treasurer   and   the
 7    Comptroller  to  make the necessary transfers to the Illinois
 8    Agricultural  Loan  Guarantee  Fund,  as  directed   by   the
 9    Governor,  out  of  the  General Revenue Fund. Within 30 days
10    after November 15, 1985, the Authority  may  transfer  up  to
11    $7,000,000  from  available  appropriations into the Illinois
12    Agricultural Loan Guarantee Fund for  the  purposes  of  this
13    Act.   Thereafter,  the  Authority  may  transfer  additional
14    amounts into the Illinois Agricultural Loan Guarantee Fund to
15    secure guarantees for defaults  as  defaults  occur.  In  the
16    event  of default by the farmer, the lender shall be entitled
17    to, and the Authority shall  direct  payment  on,  the  State
18    Guarantee  after  90 days of delinquency. All payments by the
19    Authority shall be made from the Illinois  Agricultural  Loan
20    Guarantee Fund to satisfy claims against the State Guarantee.
21    The Illinois Agricultural Loan Guarantee Fund shall guarantee
22    receipt  of  payment of the 85% of the principal and interest
23    owed on the  State  Guarantee  Loan  by  the  farmer  to  the
24    guarantee  holder.  It  shall  be  the  responsibility of the
25    lender to  proceed  with  the  collecting  and  disposing  of
26    collateral  on  the  State  Guarantee within 14 months of the
27    time the State Guarantee is  declared  delinquent;  provided,
28    however,  that  the  lender  shall  not collect or dispose of
29    collateral on the State Guarantee without the express written
30    prior approval of the  Authority.  If  the  lender  does  not
31    dispose  of the collateral within 14 months, the lender shall
32    be liable to  repay  to  the  State  interest  on  the  State
33    Guarantee  equal to the same rate which the lender charges on
34    the State Guarantee; provided, however,  that  the  Authority
 
SB1075 Enrolled            -95-      LRB093 08352 JAM 08571 b
 1    may  extend  the  14-month period for a lender in the case of
 2    bankruptcy or extenuating circumstances. The  Fund  shall  be
 3    reimbursed  for  any  amounts  paid  under  this Section upon
 4    liquidation of the collateral. The Authority,  by  resolution
 5    of  the  Board, may borrow sums from the Fund and provide for
 6    repayment as  soon  as  may  be  practical  upon  receipt  of
 7    payments  of principal and interest by a farmer. Money may be
 8    borrowed from the Fund by the Authority for the sole  purpose
 9    of  paying certain interest costs for farmers associated with
10    selling a loan subject to a State Guarantee  in  a  secondary
11    market  as  may  be  deemed  reasonable  and necessary by the
12    Authority.
13        (d) Notwithstanding the provisions of this Section 830-30
14    with respect to the farmers and lenders who may obtain  State
15    Guarantees,  the  Authority may promulgate rules establishing
16    the eligibility of farmers and lenders to participate in  the
17    State   guarantee  program  and  the  terms,  standards,  and
18    procedures that will apply, when  the  Authority  finds  that
19    emergency conditions in Illinois agriculture have created the
20    need  for  State Guarantees pursuant to terms, standards, and
21    procedures other than those specified in this Section.

22        Section 830-35. State Guarantees for loans to farmers and
23    agribusiness; eligibility.
24        (a) The Authority is authorized to issue State Guarantees
25    to lenders for loans to eligible farmers  and  agribusinesses
26    for  purposes set forth in this Section. For purposes of this
27    Section, an eligible farmer shall be a resident  of  Illinois
28    (i) who is principal operator of a farm or land, at least 50%
29    of  whose  annual  gross income is derived from farming, (ii)
30    whose  annual   total   sales   of   agricultural   products,
31    commodities,  or  livestock  exceeds $20,000, and (iii) whose
32    net worth does not exceed $500,000. An eligible  agribusiness
33    shall  be  that as defined in Section 801-10 of this Act. The
 
SB1075 Enrolled            -96-      LRB093 08352 JAM 08571 b
 1    Authority   may   approve   applications   by   farmers   and
 2    agribusinesses  that  promote  diversification  of  the  farm
 3    economy of this State through the growth and  development  of
 4    new  crops  or livestock not customarily grown or produced in
 5    this State or that emphasize a vertical integration of  grain
 6    or livestock produced or raised in this State into a finished
 7    agricultural  product  for  consumption or use. "New crops or
 8    livestock not customarily grown or produced  in  this  State"
 9    shall  not  include  corn, soybeans, wheat, swine, or beef or
10    dairy cattle. "Vertical integration  of  grain  or  livestock
11    produced  or  raised  in this State" shall include any new or
12    existing grain or livestock grown or produced in this  State.
13    Lenders  shall  apply  for  the  State  Guarantees  on  forms
14    provided  by  the Authority, certify that the application and
15    any other documents submitted are true and correct,  and  pay
16    an  administrative  fee  as  determined by the Authority. The
17    applicant shall be responsible for paying any fees or charges
18    involved  in   recording   mortgages,   releases,   financing
19    statements,  insurance  for  secondary  market issues and any
20    other similar fees or charges as the Authority  may  require.
21    The  application  shall  at a minimum contain the farmer's or
22    agribusiness' name, address,  present  credit  and  financial
23    information,   including   cash  flow  statements,  financial
24    statements,  balance  sheets,  and  any   other   information
25    pertinent  to  the application, and the collateral to be used
26    to secure the State Guarantee. In addition, the  lender  must
27    agree to charge an interest rate, which may vary, on the loan
28    that  the Authority determines to be below the market rate of
29    interest generally available to the  borrower.  If  both  the
30    lender  and  applicant  agree, the interest rate on the State
31    Guarantee Loan can be converted to a fixed interest  rate  at
32    any  time  during  the term of the loan. Any State Guarantees
33    provided under this Section (i) shall not exceed $500,000 per
34    farmer or an amount as  determined  by  the  Authority  on  a
 
SB1075 Enrolled            -97-      LRB093 08352 JAM 08571 b
 1    case-by-case basis for an agribusiness, (ii) shall not exceed
 2    a  term  of 15 years, and (iii) shall be subject to an annual
 3    review and renewal by the lender and the Authority;  provided
 4    that  only  one such State Guarantee shall be made per farmer
 5    or agribusiness, except that additional State Guarantees  may
 6    be  made  for  purposes  of expansion of projects financed in
 7    part  by  a  previously  issued  State  Guarantee.  No  State
 8    Guarantee shall be revoked by the Authority without a  90-day
 9    notice, in writing, to all parties. The lender shall not call
10    due  any  loan for any reason except for lack of performance,
11    insufficient collateral, or maturity. A lender may review and
12    withdraw or continue with a  State  Guarantee  on  an  annual
13    basis  after  the first 5 years following closing of the loan
14    application if the loan contract  provides  for  an  interest
15    rate that shall not vary. A lender shall not withdraw a State
16    Guarantee  if the loan contract provides for an interest rate
17    that may vary, except for reasons set forth herein.
18        (b)  The  Authority  shall  provide  or  renew  a   State
19    Guarantee to a lender if:
20             (i)  A  fee  equal to 25 basis points on the loan is
21        paid to the Authority on an annual basis by the lender.
22             (ii)  The application provides collateral acceptable
23        to the Authority that is at least equal  to  the  State's
24        portion of the Guarantee to be provided.
25             (iii)  The  lender  assumes  all  responsibility and
26        costs for pursuing legal action on  collecting  any  loan
27        that is delinquent or in default.
28             (iv)  The lender is responsible for the first 15% of
29        the outstanding principal of the note for which the State
30        Guarantee has been applied.
31        (c) There is hereby created outside of the State treasury
32    a  special  fund  to  be  known  as  the  Illinois Farmer and
33    Agribusiness Loan Guarantee Fund. The State  Treasurer  shall
34    be  custodian  of  this  Fund.  Any  amounts  in the Fund not
 
SB1075 Enrolled            -98-      LRB093 08352 JAM 08571 b
 1    currently needed to meet the obligations of the Fund shall be
 2    invested as provided by law, and  all  interest  earned  from
 3    these  investments shall be deposited into the Fund until the
 4    Fund reaches the maximum  amounts  authorized  in  this  Act;
 5    thereafter,  interest  earned  shall  be  deposited  into the
 6    General  Revenue  Fund.  After  September  1,  1989,   annual
 7    investment earnings equal to 1.5% of the Fund shall remain in
 8    the  Fund  to be used for the purposes established in Section
 9    830-40 of this Act. The Authority is authorized  to  transfer
10    such   amounts  as  are  necessary  to  satisfy  claims  from
11    available appropriations and from fund balances of  the  Farm
12    Emergency  Assistance  Fund as of June 30 of each year to the
13    Illinois Farmer  and  Agribusiness  Loan  Guarantee  Fund  to
14    secure   State  Guarantees  issued  under  this  Section  and
15    Sections 830-45 and 830-50. If for  any  reason  the  General
16    Assembly  fails  to  make an appropriation sufficient to meet
17    these obligations, this Act shall constitute  an  irrevocable
18    and continuing appropriation of an amount necessary to secure
19    guarantees   as   defaults  occur  and  the  irrevocable  and
20    continuing  authority  for,  and  direction  to,  the   State
21    Treasurer and the Comptroller to make the necessary transfers
22    to  the Illinois Farmer and Agribusiness Loan Guarantee Fund,
23    as directed by the Governor, out of the General Revenue Fund.
24    In the event of default by the borrower  on  State  Guarantee
25    Loans  under  this Section, Section 830-45 or Section 830-50,
26    the lender shall be entitled  to,  and  the  Authority  shall
27    direct  payment  on,  the  State  Guarantee  after 90 days of
28    delinquency. All payments by the Authority shall be made from
29    the Illinois Farmer and Agribusiness Loan Guarantee  Fund  to
30    satisfy  claims  against the State Guarantee. It shall be the
31    responsibility of the lender to proceed with  the  collecting
32    and disposing of collateral on the State Guarantee under this
33    Section, Section 830-45 or Section 830-50 within 14 months of
34    the  time  the State Guarantee is declared delinquent. If the
 
SB1075 Enrolled            -99-      LRB093 08352 JAM 08571 b
 1    lender does not dispose of the collateral within  14  months,
 2    the  lender shall be liable to repay to the State interest on
 3    the State Guarantee equal to the same rate  that  the  lender
 4    charges  on  the State Guarantee, provided that the Authority
 5    shall have the authority to extend the 14-month period for  a
 6    lender   in   the   case   of   bankruptcy   or   extenuating
 7    circumstances.  The  Fund shall be reimbursed for any amounts
 8    paid under this Section, Section  830-45  or  Section  830-50
 9    upon   liquidation  of  the  collateral.  The  Authority,  by
10    resolution of the Board, may borrow sums from  the  Fund  and
11    provide  for  repayment  as  soon  as  may  be practical upon
12    receipt of payments of principal and interest by  a  borrower
13    on  State  Guarantee Loans under this Section, Section 830-45
14    or Section 830-50. Money may be borrowed from the Fund by the
15    Authority for the sole purpose  of  paying  certain  interest
16    costs for borrowers associated with selling a loan subject to
17    a  State  Guarantee  under  this  Section,  Section 830-45 or
18    Section 830-50  in  a  secondary  market  as  may  be  deemed
19    reasonable and necessary by the Authority.
20        (d) Notwithstanding the provisions of this Section 830-35
21    with  respect to the farmers, agribusinesses, and lenders who
22    may obtain State Guarantees,  the  Authority  may  promulgate
23    rules    establishing    the    eligibility    of    farmers,
24    agribusinesses,  and  lenders  to  participate  in  the State
25    Guarantee program and the terms,  standards,  and  procedures
26    that  will  apply,  when  the  Authority finds that emergency
27    conditions in Illinois agriculture have created the need  for
28    State Guarantees pursuant to terms, standards, and procedures
29    other than those specified in this Section.

30        Section 830-40. Cooperative agreement with the University
31    of Illinois.
32        (a)  The Authority may enter into a cooperative agreement
33    with the University  of  Illinois  whereby  the  University's
 
SB1075 Enrolled            -100-     LRB093 08352 JAM 08571 b
 1    College of Agriculture, or a department thereof, shall assess
 2    and  evaluate the need for additional, and the performance of
 3    existing, State credit and finance programs  administered  by
 4    the Authority for farmers and agribusinesses. Pursuant to the
 5    cooperative  agreement,  the  Authority  may request from the
 6    University an evaluation of financial positions  and  lending
 7    risks of existing farm operations and existing and developing
 8    agricultural  industries, an assessment and evaluation of the
 9    design, operation and performance of  existing  and  proposed
10    credit  programs,  an assessment of potential for development
11    of agricultural industry, an assessment of the performance of
12    credit markets  and  development  of  improved  State  credit
13    instruments  and  programs,  and any other information deemed
14    necessary by the Authority to  carry  forth  its  credit  and
15    finance programs.
16        (b) A cooperative agreement entered into by the Authority
17    and  the  University  may  provide  for  payment for services
18    rendered  by  the  University  pursuant  to  the  cooperative
19    agreement from interest earnings remaining  in  the  Illinois
20    Agricultural  Loan Guarantee Fund, as provided for in Section
21    830-30 of this Act, and the Illinois Farmer and  Agribusiness
22    Loan  Guarantee  Fund,  as  provided for in Section 830-40 of
23    this Act.

24        Section 830-45. Young Farmer Loan Guarantee Program.
25        (a) The Authority is authorized to issue State Guarantees
26    to lenders for loans to finance or refinance debts  of  young
27    farmers.  For the purposes of this Section, a young farmer is
28    a resident of Illinois who is at least 18 years  of  age  and
29    who is a principal operator of a farm or land, who derives at
30    least  50%  of  annual  gross  income from farming, whose net
31    worth is not less than $10,000 and whose debt to asset  ratio
32    is  not less than 40%. For the purposes of this Section, debt
33    to  asset  ratio  means  current   outstanding   liabilities,
 
SB1075 Enrolled            -101-     LRB093 08352 JAM 08571 b
 1    including  any  debt  to be financed or refinanced under this
 2    Section 830-45, divided by current  outstanding  assets.  The
 3    Authority  shall  establish  the  maximum permissible debt to
 4    asset ratio based on criteria established by  the  Authority.
 5    Lenders  shall  apply  for  the  State  Guarantees  on  forms
 6    provided  by  the  Authority and certify that the application
 7    and any other documents submitted are true and  correct.  The
 8    lender  or  borrower,  or  both  in combination, shall pay an
 9    administrative  fee  as  determined  by  the  Authority.  The
10    applicant shall be responsible for paying any fee  or  charge
11    involved   in   recording   mortgages,   releases,  financing
12    statements, insurance for secondary market  issues,  and  any
13    other  similar  fee or charge that the Authority may require.
14    The application shall at a minimum contain the young farmer's
15    name, address,  present  credit  and  financial  information,
16    including cash flow statements, financial statements, balance
17    sheets,   and   any   other   information  pertinent  to  the
18    application, and the collateral to  be  used  to  secure  the
19    State  Guarantee.  In  addition, the borrower must certify to
20    the Authority that,  at  the  time  the  State  Guarantee  is
21    provided,   the  borrower  will  not  be  delinquent  in  the
22    repayment of any debt. The lender  must  agree  to  charge  a
23    fixed   or   adjustable  interest  rate  that  the  Authority
24    determines to be below the market rate of interest  generally
25    available  to  the borrower. If both the lender and applicant
26    agree, the interest rate on the State guaranteed loan can  be
27    converted  to  a  fixed  interest rate at any time during the
28    term of  the  loan.  State  Guarantees  provided  under  this
29    Section  (i) shall not exceed $500,000 per young farmer, (ii)
30    shall be set up on a payment schedule not to exceed 30 years,
31    but shall be no longer than 15 years in duration,  and  (iii)
32    shall  be  subject  to  an  annual  review and renewal by the
33    lender and the Authority. A young farmer may use this program
34    more than once provided the  aggregate  principal  amount  of
 
SB1075 Enrolled            -102-     LRB093 08352 JAM 08571 b
 1    State Guarantees under this Section to that young farmer does
 2    not  exceed  $500,000. No State Guarantee shall be revoked by
 3    the Authority without a 90-day notice,  in  writing,  to  all
 4    parties.
 5        (b)   The  Authority  shall  provide  or  renew  a  State
 6    Guarantee to a lender if:
 7             (i)  The lender pays a fee equal to 25 basis  points
 8        on the loan to the Authority on an annual basis.
 9             (ii)  The application provides collateral acceptable
10        to  the  Authority  that  is  at least equal to the State
11        Guarantee.
12             (iii)  The lender  assumes  all  responsibility  and
13        costs  for  pursuing  legal action on collecting any loan
14        that is delinquent or in default.
15             (iv)  The lender is at risk for the first 15% of the
16        outstanding principal of the note  for  which  the  State
17        Guarantee is provided.
18        (c)  The  Illinois Farmer and Agribusiness Loan Guarantee
19    Fund may be used to secure State Guarantees issued under this
20    Section as provided in Section 830-35.
21        (d) Notwithstanding the provisions of this Section 830-45
22    with respect to the young farmers and lenders who may  obtain
23    State   Guarantees,   the   Authority  may  promulgate  rules
24    establishing the eligibility of young farmers and lenders  to
25    participate  in  the  State  Guarantee program and the terms,
26    standards, and procedures that will apply, when the Authority
27    finds that emergency conditions in Illinois agriculture  have
28    created  the  need  for  State  Guarantees pursuant to terms,
29    standards, and procedures other than those specified in  this
30    Section.

31        Section 830-50. Specialized Livestock Guarantee Program.
32        (a) The Authority is authorized to issue State Guarantees
33    to  lenders  for  loans  to  finance  or  refinance debts for
 
SB1075 Enrolled            -103-     LRB093 08352 JAM 08571 b
 1    specialized livestock operations that are or will be  located
 2    in  Illinois.  For  purposes  of this Section, a "specialized
 3    livestock operation" includes, but is not limited to,  dairy,
 4    beef, and swine enterprises.
 5        (b) Lenders shall apply for the State Guarantees on forms
 6    provided  by  the  Authority and certify that the application
 7    and any other documents submitted are true and  correct.  The
 8    lender  or  borrower,  or  both  in combination, shall pay an
 9    administrative  fee  as  determined  by  the  Authority.  The
10    applicant shall be responsible for paying any fee  or  charge
11    involved   in   recording   mortgages,   releases,  financing
12    statements, insurance for secondary market  issues,  and  any
13    other  similar  fee or charge that the Authority may require.
14    The application shall, at a  minimum,  contain  the  farmer's
15    name,  address,  present  credit  and  financial information,
16    including cash flow statements, financial statements, balance
17    sheets,  and  any  other   information   pertinent   to   the
18    application,  and  the  collateral  to  be used to secure the
19    State Guarantee. In addition, the borrower  must  certify  to
20    the  Authority  that,  at  the  time  the  State Guarantee is
21    provided,  the  borrower  will  not  be  delinquent  in   the
22    repayment  of  any  debt.  The  lender must agree to charge a
23    fixed  or  adjustable  interest  rate  that   the   Authority
24    determines  to be below the market rate of interest generally
25    available to the borrower. If both the lender  and  applicant
26    agree,  the interest rate on the State guaranteed loan can be
27    converted to a fixed interest rate at  any  time  during  the
28    term of the loan.
29        (c)  State  Guarantees  provided  under  this Section (i)
30    shall not exceed $1,000,000 per applicant, (ii) shall  be  no
31    longer  than 15 years in duration, and (iii) shall be subject
32    to an annual  review  and  renewal  by  the  lender  and  the
33    Authority.  An applicant may use this program more than once,
34    provided  that  the  aggregate  principal  amount  of   State
 
SB1075 Enrolled            -104-     LRB093 08352 JAM 08571 b
 1    Guarantees  under  this  Section  to  that applicant does not
 2    exceed $1,000,000. A State Guarantee shall not be revoked  by
 3    the  Authority  without  a  90-day notice, in writing, to all
 4    parties.
 5        (d)  The  Authority  shall  provide  or  renew  a   State
 6    Guarantee  to a lender if: (i) The lender pays a fee equal to
 7    25 basis points on the loan to the  Authority  on  an  annual
 8    basis. (ii) The application provides collateral acceptable to
 9    the  Authority that is at least equal to the State Guarantee.
10    (iii) The lender assumes all  responsibility  and  costs  for
11    pursuing   legal  action  on  collecting  any  loan  that  is
12    delinquent or in default. (iv) The lender is at risk for  the
13    first  15% of the outstanding principal of the note for which
14    the State Guarantee is provided.
15        (e) The Illinois Farmer and Agribusiness  Loan  Guarantee
16    Fund may be used to secure State Guarantees issued under this
17    Section as provided in Section 830-35.
18        (f) Notwithstanding the provisions of this Section 830-50
19    with  respect  to  the  specialized  livestock operations and
20    lenders who may obtain State Guarantees,  the  Authority  may
21    promulgate  rules establishing the eligibility of specialized
22    livestock operations and lenders to participate in the  State
23    Guarantee  program  and  the terms, standards, and procedures
24    that will apply, when  the  Authority  finds  that  emergency
25    conditions  in Illinois agriculture have created the need for
26    State Guarantees pursuant to terms, standards, and procedures
27    other than those specified in this Section.

28                             ARTICLE 840
29                    HEALTH FACILITIES DEVELOPMENT

30        Section 840-5. The Authority  shall  have  the  following
31    powers:
32        (a)  To  fix  and revise from time to time and charge and
 
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 1    collect rates, rents, fees and charges for the use of and for
 2    the services furnished or to be furnished  by  a  project  or
 3    other  health facilities owned, financed or refinanced by the
 4    Authority or any portion thereof and  to  contract  with  any
 5    person,  partnership,  association  or  corporation  or other
 6    body, public or private, in respect  thereto;  to  coordinate
 7    its  policies  and  procedures  and cooperate with recognized
 8    health facility rate setting  mechanisms  which  may  now  or
 9    hereafter be established.
10        (b)  To  establish rules and regulations for the use of a
11    project  or  other  health  facilities  owned,  financed   or
12    refinanced  by  the  Authority  or any portion thereof and to
13    designate a participating health institution as its agent  to
14    establish  rules  and regulations for the use of a project or
15    other health facilities owned by the Authority undertaken for
16    that participating health institution.
17        (c) To establish or contract with others to carry out  on
18    its  behalf a health facility project cost estimating service
19    and to make this service available on all projects to provide
20    expert cost  estimates  and  guidance  to  the  participating
21    health   institution  and  to  the  Authority.  In  order  to
22    implement this service and, through it, to contribute to cost
23    containment, the Authority shall have the  power  to  require
24    such  reasonable  reports  and documents from health facility
25    projects as may be required for  this  service  and  for  the
26    development of cost reports and guidelines. The Authority may
27    appoint  a  Technical  Committee  on  Health Facility Project
28    Costs and Cost Containment.
29        (d) To make mortgage or other secured or unsecured  loans
30    to or for the benefit of any participating health institution
31    for  the  cost  of  a project in accordance with an agreement
32    between  the   Authority   and   the   participating   health
33    institution;  provided  that  no  such  loan shall exceed the
34    total cost of the project as determined by the  participating
 
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 1    health  institution  and  approved by the Authority; provided
 2    further that such loans may be made to any entity  affiliated
 3    with  a  participating  health institution if the proceeds of
 4    such loan are made available to or applied for the benefit of
 5    such participating health institution.
 6        (e) To make mortgage or other secured or unsecured  loans
 7    to  or  for the benefit of a participating health institution
 8    in accordance with an agreement between the Authority and the
 9    participating  health  institution  to   refund   outstanding
10    obligations,  loans,  indebtedness  or advances issued, made,
11    given or incurred by such  participating  health  institution
12    for  the  cost  of a project; including the function to issue
13    bonds and make loans to or for the benefit of a participating
14    health institution to refinance indebtedness incurred by such
15    participating health institution in projects  undertaken  and
16    completed or for other health facilities acquired prior to or
17    after the enactment of this Act when the Authority finds that
18    such  refinancing  is  in  the  public  interest,  and either
19    alleviates a financial hardship of such participating  health
20    institution,  or is in connection with other financing by the
21    Authority for such participating health institution or may be
22    expected to result in a lessened cost of patient care  and  a
23    saving  to third parties, including government, and to others
24    who must pay for care, or any combination  thereof;  provided
25    further  that such loans may be made to any entity affiliated
26    with a participating health institution if  the  proceeds  of
27    such loan are made available to or applied for the benefit of
28    such participating health institution.
29        (f)  To mortgage all or any portion of a project or other
30    health facilities and the property on which any such  project
31    or  other  health  facilities  are  located  whether owned or
32    thereafter acquired, and to assign or pledge mortgages, deeds
33    of  trust,  indentures  of  mortgage  or  trust  or   similar
34    instruments,  notes,  and  other  securities of participating
 
SB1075 Enrolled            -107-     LRB093 08352 JAM 08571 b
 1    health institutions to which or for the benefit of which  the
 2    Authority  has made loans or of entities affiliated with such
 3    institutions and the revenues therefrom,  including  payments
 4    or  income  from  any thereof owned or held by the Authority,
 5    for the benefit of the holders of  bonds  issued  to  finance
 6    such  project  or  health  facilities  or issued to refund or
 7    refinance outstanding  obligations,  loans,  indebtedness  or
 8    advances of participating health institutions as permitted by
 9    this Act.
10        (g)  To  lease  to a participating health institution the
11    project  being  financed  or  refinanced  or   other   health
12    facilities  conveyed to the Authority in connection with such
13    financing or refinancing, upon such terms and  conditions  as
14    the  Authority  shall  deem proper, and to charge and collect
15    rents therefor and to  terminate  any  such  lease  upon  the
16    failure  of  the lessee to comply with any of the obligations
17    thereof; and to  include  in  any  such  lease,  if  desired,
18    provisions  that  the  lessee  thereof  shall have options to
19    renew the lease for such period or periods and at  such  rent
20    as shall be determined by the Authority or to purchase any or
21    all  of  the health facilities or that upon payment of all of
22    the indebtedness incurred by the Authority for the  financing
23    of  such  project  or  health  facilities  or  for  refunding
24    outstanding obligations, loans, indebtedness or advances of a
25    participating  health  institution,  then  the  Authority may
26    convey any or  all  of  the  project  or  such  other  health
27    facilities  to  the lessee or lessees thereof with or without
28    consideration.
29        (h) To make studies  of  needed  health  facilities  that
30    could  not  sustain a loan were it made under this Act and to
31    recommend remedial action to the General Assembly; to do  the
32    same  with  regard  to  any  laws or regulations that prevent
33    health facilities from benefiting from this Act.
34        (i) To assist the Department  of  Commerce  and  Economic
 
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 1    Opportunity  to  establish  and implement a program to assist
 2    health facilities  to  identify  and  arrange  financing  for
 3    energy  conservation  projects  in  buildings  and facilities
 4    owned or leased by health facilities.
 5        (j)  To  assist  the  Department  of  Human  Services  in
 6    establishing a low interest loan program to help  child  care
 7    centers  and  family  day  care homes serving children of low
 8    income families under Section 22.4 of the Children and Family
 9    Services Act.

10        Section 840-10. By means of this Act it is the intent  of
11    the  General  Assembly to provide a measure of assistance and
12    alternative methods  of  financing  to  participating  health
13    institutions   to   aid   them  in  providing  needed  health
14    facilities that  will  assure  admission  and  care  of  high
15    quality  to  all  who  need  it  and in dealing with the cash
16    requirements  of  such  facilities,  whether  resulting  from
17    capital expenditures, operating expenditures, delays  in  the
18    receipt of payments for services or otherwise.

19        Section 840-15. The Authority is authorized and empowered
20    to acquire, directly or by and through a participating health
21    institution  as  its  agent,  by  purchase  solely from funds
22    provided under the authority of  this  Act,  or  by  gift  or
23    legacy,  such  lands, structures, property, real or personal,
24    rights,  rights-of-way,  franchises,  easements   and   other
25    interests  in  lands,  including  lands lying under water and
26    riparian rights, which are located within the State as it may
27    deem  necessary  or  convenient  for  the   construction   or
28    operation of a project, upon such terms and at such prices as
29    may  be  considered  by it to be reasonable and can be agreed
30    upon between it and the owner  thereof,  and  to  take  title
31    thereto  in  the  name  of  the Authority or in the name of a
32    participating health institution as its agent.
 
SB1075 Enrolled            -109-     LRB093 08352 JAM 08571 b
 1        Section 840-20. It is the intent and purpose of this  Act
 2    that  the  exercise by the Authority of the powers granted to
 3    it shall be in all respects for the benefit of the people  of
 4    this State to assist them to provide needed health facilities
 5    of  the  number, size, type, distribution, and operation that
 6    will assure admission and care of high  quality  to  all  who
 7    need  it.  To  this  end,  the  Authority is charged with the
 8    responsibility to identify and study all projects  which  are
 9    determined by health planning agencies to be needed but which
10    could  not  sustain  a  loan were such to be made to it under
11    this  Act.  The  Authority  shall,  following   such   study,
12    formulate   and  recommend  to  the  General  Assembly,  such
13    amendments to this and other Acts, and  such  other  specific
14    measures  as  grants,  loan guarantees, interest subsidies or
15    other actions as may be  provided  for  by  the  State  which
16    actions  would  render the construction and operation of such
17    needed health facility feasible and in the  public  interest.
18    Further,  the  Authority  is  charged  with responsibility to
19    identify and study any laws or  regulations  which  it  finds
20    handicaps or bars a needed health facility from participating
21    in  the  benefits of this Act and to recommend to the General
22    Assembly such actions as will remedy such situation.

23        Section 840-25. The Authority shall fix,  revise,  charge
24    and  collect  rents for the use of each health facility owned
25    by the Authority and contract with any  person,  partnership,
26    association or corporation, or other body, public or private,
27    in  respect thereof. Each lease entered into by the Authority
28    with a participating health institution and  each  agreement,
29    note, mortgage or other instrument evidencing the obligations
30    of  a participating health institution to the Authority shall
31    provide that the  rents  or  principal,  interest  and  other
32    charges  payable  by  or for the benefit of the participating
33    health institution or  the  process  of  accounts  receivable
 
SB1075 Enrolled            -110-     LRB093 08352 JAM 08571 b
 1    purchased  by  the  Authority  from  the participating health
 2    institution shall be sufficient at all times, (a) to pay  its
 3    share  of  the  administrative  costs  and  expenses  of  the
 4    Authority,  (b) to pay the cost of maintaining, repairing and
 5    operating the project and other related health facilities and
 6    each and every portion thereof, (c) to pay the principal  of,
 7    the premium, if any, and the interest on outstanding bonds of
 8    the  Authority  issued in respect of such project as the same
 9    shall become due and payable, and (d) to create and  maintain
10    reserves  which  may but need not be required or provided for
11    in  the  bond  resolution  relating  to  such  bonds  of  the
12    Authority. The Authority shall pledge  the  revenues  derived
13    and  to  be  derived  from  a project or other related health
14    facilities or from a participating health institution  or  an
15    affiliate thereof for the purposes specified in (a), (b), (c)
16    and (d) of the preceding sentence and additional bonds may be
17    issued  which  may rank on a parity with other bonds relating
18    to the project to the extent and on the terms and  conditions
19    provided  in  the bond resolution. Such pledge shall be valid
20    and binding from the  time  when  the  pledge  is  made;  the
21    revenues  so  pledged  by  the Authority shall immediately be
22    subject to the lien  of  such  pledge  without  any  physical
23    delivery  thereof  or  further  act  and the lien of any such
24    pledge shall be valid and  binding  as  against  all  parties
25    having  claims  of  any  kind  in tort, contract or otherwise
26    against the Authority, irrespective of whether  such  parties
27    have  notice  thereof.  Neither  the  bond resolution nor any
28    financing  statement,   continuation   statement   or   other
29    instrument  by  which  a  pledge  is  created or by which the
30    Authority's interest in revenues is assigned need be filed or
31    recorded in any public records in order to perfect  the  lien
32    thereof  as  against  third parties except that a copy of the
33    bond  resolution  shall  be  filed  in  the  records  of  the
34    Authority and with the Secretary of State.
 
SB1075 Enrolled            -111-     LRB093 08352 JAM 08571 b
 1        Section 840-30. It is intended that  all  private  health
 2    facilities  in  this  State  be  enabled  to benefit from and
 3    participate in the provisions of this Act. To this  end,  all
 4    private  health  facilities  operating,  or  authorized to be
 5    operated, under any statute of this State are authorized  and
 6    empowered  to undertake projects, as defined in this Act, and
 7    to utilize the financing sources  and  methods  of  repayment
 8    provided by this Act, the provisions of any other laws to the
 9    contrary  notwithstanding.  Notwithstanding the provisions of
10    any other law to the contrary, the State of Illinois and  any
11    political  subdivision,  agency, instrumentality, district or
12    municipality thereof owning or operating any health  facility
13    is  hereby  authorized  to  take  all  actions  necessary  or
14    appropriate  and to execute and deliver any and all evidences
15    of indebtedness and agreements,  including  loan  agreements,
16    leases  and  agreements  providing for credit enhancement, as
17    may  be  necessary  to  permit  such  publicly  owned  health
18    facility to avail itself of the provisions of this  Act.  Any
19    evidence  of  indebtedness  or  agreement entered into by the
20    State or any political subdivision, agency,  instrumentality,
21    district  or  municipality  thereof  pursuant to this Act may
22    provide for the payment of interest at such rate or rates  as
23    shall   be  determined  by  the  issuer  thereof  or  obligor
24    thereunder  and  may  be  issued  or  entered  into   without
25    referendum  approval;  provided,  that  this Act shall not be
26    deemed to be independent authority for levy of any  taxes  to
27    pay  an  obligation  owing  from  the  State or any political
28    subdivision,    agency,    instrumentality,    district    or
29    municipality thereof and arising  hereunder  or  incurred  in
30    connection with a financing pursuant hereto.

31                             ARTICLE 845
32               AUTHORITY DEBTS, CONTRACTS AND REPORTS
 
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 1        Section  845-5. The Authority may not have outstanding at
 2    any one time bonds for any of its corporate  purposes  in  an
 3    aggregate   principal   amount   exceeding   $23,000,000,000,
 4    excluding  bonds  issued to refund the bonds of the Authority
 5    or bonds of the Predecessor Authorities.

 6        Section 845-10. The Authority may  issue  a  single  bond
 7    issue  pursuant  to  this  Act  for  a  group  of  industrial
 8    projects,  a  group  of  corporations  or a group of business
 9    entities, a group of  units  of  local  government  or  other
10    borrowers  or  any  combination  thereof.  A  bond  issue for
11    multiple projects  as  provided  in  this  Section  shall  be
12    subject to all requirements for bond issues as established by
13    this Act.

14        Section  845-15.  The Authority may maintain an office or
15    branch office anywhere in the State, and may utilize, without
16    the payment of rent, any office facilities  which  the  State
17    may conveniently make available to it.

18        Section  845-20.  The  Authority  shall not have power to
19    levy taxes for any purpose whatsoever.

20        Section  845-25.  The  Authority  shall  not  incur   any
21    obligations  for  salaries,  office  or  other administrative
22    expenses prior to the making of appropriations to  meet  such
23    expenses.  Interest  earned  from investments of any funds of
24    the Authority and repayments of principal of such investments
25    shall be available for appropriation by  the  Board  for  the
26    corporate purposes of the Authority.

27        Section  845-30.  The  State  and  all  counties, cities,
28    villages,   incorporated   towns    and    other    municipal
29    corporations,  political  subdivisions and public bodies, and
 
SB1075 Enrolled            -113-     LRB093 08352 JAM 08571 b
 1    public officers of any thereof,  all  banks,  bankers,  trust
 2    companies,  savings banks and institutions, building and loan
 3    associations,  savings  and  loan  associations,   investment
 4    companies  and  other persons carrying on a banking business,
 5    all insurance companies,  insurance  associations  and  other
 6    persons  carrying on an insurance business and all executors,
 7    administrators, guardians, trustees and other fiduciaries may
 8    legally invest any  sinking  funds,  moneys  or  other  funds
 9    belonging  to  them  or  within their control in any bonds or
10    evidences of indebtedness issued  pursuant  to  this  Act  or
11    issued  by  the Predecessor Authorities, it being the purpose
12    of this Section to authorize the investment in such bonds  or
13    evidences   of   indebtedness   of  all  sinking,  insurance,
14    retirement, compensation, pension and  trust  funds,  whether
15    owned or controlled by private or public persons or officers;
16    provided, however, that nothing contained in this Section may
17    be  construed  as  relieving  any  person  from  any  duty of
18    exercising  reasonable  care  in  selecting  securities   for
19    purchase or investment.

20        Section 845-35. Under no circumstances shall any bonds or
21    other  evidences  of  indebtedness issued by the Authority or
22    the Predecessor Authorities under this Act or under any other
23    law be or become an indebtedness or obligation of  the  State
24    of   Illinois,  within  the  purview  of  any  constitutional
25    limitation or provision, and it shall be  plainly  stated  on
26    the  face of each bond or other evidence of indebtedness that
27    it does not constitute such an indebtedness or obligation but
28    is  payable  solely  from  the  revenues  or  income  of  the
29    Authority.

30        Section 845-40. The Authority shall appoint  a  secretary
31    and  treasurer, who may, but need not, be a member or members
32    of the Authority to hold office during the  pleasure  of  the
 
SB1075 Enrolled            -114-     LRB093 08352 JAM 08571 b
 1    Authority.  Before entering upon the duties of the respective
 2    offices such person or persons shall take  and  subscribe  to
 3    the  constitutional  oath  of office, and the treasurer shall
 4    execute a bond with corporate sureties to be approved by  the
 5    Authority.  The  bond  shall  be  payable to the Authority in
 6    whatever  penal  sum  may  be  directed  by   the   Authority
 7    conditioned  upon  the  faithful performance of the duties of
 8    the office and the payment  of  all  money  received  by  him
 9    according  to  law  and  the  orders  of  the  Authority. The
10    Authority may, at any time,  require  a  new  bond  from  the
11    treasurer  in such penal sum as may then be determined by the
12    Authority. The obligation of the sureties shall not extend to
13    any loss sustained by the insolvency, failure or  closing  of
14    any  savings  and  loan association or national or state bank
15    wherein the treasurer has deposited  funds  if  the  bank  or
16    savings  and  loan  association  has  been  approved  by  the
17    Authority  as  a  depository  for  these  funds. The oaths of
18    office and  the  treasurer's  bond  shall  be  filed  in  the
19    principal   office   of  the  Authority.  All  funds  of  the
20    Authority, including without limitation, grants or loans from
21    the  federal  government,  the  State  or   any   agency   or
22    instrumentality  thereof,  fees, service charges, interest or
23    other investment earnings on its funds, payments of principal
24    of and interest on loans of its funds and  revenue  from  any
25    other  source,  except  funds  the  application  of  which is
26    otherwise  specifically  provided   for   by   appropriation,
27    resolution, grant agreement, lease agreement, loan agreement,
28    indenture,  mortgage  or  trust agreement or other agreement,
29    may be held by the Authority in its treasury and be generally
30    available for expenditure by the Authority  for  any  of  the
31    purposes  authorized  by this Act. In addition to investments
32    authorized by Section 2 of the Public Funds  Investment  Act,
33    funds  of  the  Authority  may be invested in (a) obligations
34    issued by any State,  unit  of  local  government  or  school
 
SB1075 Enrolled            -115-     LRB093 08352 JAM 08571 b
 1    district  which obligations are rated at the time of purchase
 2    by a national rating service within the  two  highest  rating
 3    classifications  without  regard  to any rating refinement or
 4    gradation by numerical  or  other  modifier,  or  (b)  equity
 5    securities  of  an  investment  company  registered under the
 6    Investment Company Act of 1940 whose sole assets, other  than
 7    cash  and  other temporary investments, are obligations which
 8    are eligible investments for the Authority, provided that not
 9    more than 20% of the assets of  the  investment  company  may
10    consist  of  unrated  obligations  of  the  type described in
11    clause (a) which the Board of  Directors  of  the  investment
12    company  has  determined to be of comparable quality to rated
13    obligations described in clause (a).  Funds  appropriated  by
14    the  General  Assembly  to the Authority shall be held in the
15    State  treasury  unless  this  Act  or  the  Act  making  the
16    appropriation specifically states that the monies are  to  be
17    held  in  or  appropriated  to the Authority's treasury. Such
18    funds as  are  authorized  to  be  held  in  the  Authority's
19    treasury  and  deposited  in  any  bank  or  savings and loan
20    association and placed in the name of the Authority shall  be
21    withdrawn or paid out only by check or draft upon the bank or
22    savings  and  loan  association,  signed by the treasurer and
23    countersigned  by  the  Chairperson  of  the  Authority.  The
24    Authority may designate any of its members or any officer  or
25    employee  of  the  Authority  to  affix  the signature of the
26    Chairperson  and  another  to  affix  the  signature  of  the
27    treasurer to any check or draft for payment  of  salaries  or
28    wages  and  for  payment of any other obligations of not more
29    than $2,500. In case any officer whose signature appears upon
30    any check or draft, issued pursuant to this  Act,  ceases  to
31    hold his office before the delivery thereof to the payee, his
32    signature  nevertheless shall be valid and sufficient for all
33    purposes with the same effect as if he had remained in office
34    until  delivery  thereof.  No  bank  or  savings   and   loan
 
SB1075 Enrolled            -116-     LRB093 08352 JAM 08571 b
 1    association  shall  receive public funds as permitted by this
 2    Section,  unless  it  has  complied  with  the   requirements
 3    established  pursuant  to  Section  6  of  the  Public  Funds
 4    Investment Act.

 5        Section   845-45.  (a)  No  member,  officer,  agent,  or
 6    employee of the Authority shall, in his or her own name or in
 7    the name of a nominee, be an officer or director or  hold  an
 8    ownership  interest  of  more  than  7  1/2%  in  any person,
 9    association, trust, corporation, partnership, or other entity
10    that is, in its own name or in the name of a nominee, a party
11    to a contract or agreement upon which  the  member,  officer,
12    agent, or employee may be called upon to act or vote.
13        (b)  With respect to any direct or any indirect interest,
14    other than an interest prohibited in  subsection  (a),  in  a
15    contract  or agreement upon which the member, officer, agent,
16    or employee may be called upon to  act  or  vote,  a  member,
17    officer,  agent,  or employee of the Authority shall disclose
18    the interest to the secretary of  the  Authority  before  the
19    taking  of  final  action  by  the  Authority  concerning the
20    contract or agreement and shall so disclose  the  nature  and
21    extent  of the interest and his or her acquisition of it, and
22    those disclosures  shall  be  publicly  acknowledged  by  the
23    Authority and entered upon the minutes of the Authority. If a
24    member,  officer,  agent,  or employee of the Authority holds
25    such an interest, then he  or  she  shall  refrain  from  any
26    further  official  involvement  in  regard to the contract or
27    agreement, from  voting  on  any  matter  pertaining  to  the
28    contract  or  agreement,  and  from  communicating with other
29    members  of  the  Authority  or  its  officers,  agents,  and
30    employees   concerning    the    contract    or    agreement.
31    Notwithstanding  any  other provision of law, any contract or
32    agreement entered into in conformity with this subsection (b)
33    shall not be void  or  invalid  by  reason  of  the  interest
 
SB1075 Enrolled            -117-     LRB093 08352 JAM 08571 b
 1    described  in  this  subsection,  nor  shall  any  person  so
 2    disclosing  the interest and refraining from further official
 3    involvement as provided in this subsection be  guilty  of  an
 4    offense,  be  removed from office, or be subject to any other
 5    penalty on account of that interest.
 6        (c) Any  contract  or  agreement  made  in  violation  of
 7    paragraphs  (a) or (b) of this Section shall be null and void
 8    and give rise to no action against the Authority.

 9        Section 845-50. The fiscal year for the  Authority  shall
10    commence  on the first of July. As soon after the end of each
11    fiscal year as may be expedient, the Authority shall cause to
12    be prepared and  printed  a  complete  report  and  financial
13    statement   of   its   operations   and  of  its  assets  and
14    liabilities. A reasonably sufficient number of copies of such
15    report  shall  be  printed  for   distribution   to   persons
16    interested,  upon  request, and a copy thereof shall be filed
17    with  the  Governor,  the  Secretary  of  State,  the   State
18    Comptroller,  the Secretary of the Senate and the Chief Clerk
19    of the House of Representatives.

20        Section  845-55.  For  the  purposes  of   the   Illinois
21    Securities  Law  of 1953, bonds issued by the Authority shall
22    be deemed to be securities issued by a public instrumentality
23    of the State of Illinois.

24        Section 845-60. Tax  Exemption.  The  tax  exemptions  of
25    outstanding  bonds  issued  by  the  Predecessor  Authorities
26    pursuant  to sections of the enabling acts of the Predecessor
27    Authorities applicable  to  those  bonds  when  issued  shall
28    remain valid and continue to be recognized by the State until
29    final  payment  of those bonds, notwithstanding the repeal of
30    the enabling acts of the Predecessor Authorities.
 
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 1        Section 845-65. If any provision  of  this  Act  is  held
 2    invalid, such provision shall be deemed to be excised and the
 3    invalidity   thereof  shall  not  affect  any  of  the  other
 4    provisions of this Act. If the application of  any  provision
 5    of this Act to any person or circumstance is held invalid, it
 6    shall  not  affect  the application of such provision to such
 7    persons or circumstances other than those as to which  it  is
 8    held invalid.

 9        Section  845-70. Tax avoidance. Notwithstanding any other
10    provision of law, the Authority  shall  not  enter  into  any
11    agreement  providing  for  the purchase and lease of tangible
12    personal property that results in the avoidance  of  taxation
13    under the Retailers' Occupation Tax Act, the Use Tax Act, the
14    Service  Use  Tax  Act,  or  the  Service Occupation Tax Act,
15    without the prior written consent of the Governor.

16        Section 845-75. Transfer  of  functions  from  previously
17    existing  authorities  to the Illinois Finance Authority. The
18    Illinois Finance Authority created by  the  Illinois  Finance
19    Authority  Act  shall  succeed  to,  assume  and exercise all
20    rights,  powers,   duties   and   responsibilities   formerly
21    exercised  by  the following Authorities and entities (herein
22    called the "Predecessor Authorities") prior to the  abolition
23    of the Predecessor Authorities by this Act:
24        The Illinois Development Finance Authority
25        The Illinois Farm Development Authority
26        The Illinois Health Facilities Authority
27        The Illinois Educational Facilities Authority
28        The Illinois Community Development Finance Corporation
29        The Illinois Rural Bond Bank
30        The Research Park Authority
31        All   books,   records,  papers,  documents  and  pending
32    business in any way pertaining to the Predecessor Authorities
 
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 1    are transferred to the Illinois Finance  Authority,  but  any
 2    rights  or  obligations of any person under any contract made
 3    by, or  under  any  rules,  regulations,  uniform  standards,
 4    criteria  and  guidelines  established  or  approved by, such
 5    Predecessor Authorities  shall  be  unaffected  thereby.  All
 6    bonds,  notes  or other evidences of indebtedness outstanding
 7    on the effective date of this Act shall be unaffected by  the
 8    transfer  of  functions to the Illinois Finance Authority. No
 9    rule,   regulation,   standard,   criteria    or    guideline
10    promulgated,  established  or  approved  by  the  Predecessor
11    Authorities pursuant to an exercise of any right, power, duty
12    or  responsibility assumed by and transferred to the Illinois
13    Finance Authority shall be affected by this Act, and all such
14    rules, regulations, standards, criteria and guidelines  shall
15    become  those  of  the  Illinois Finance Authority until such
16    time as they are amended or repealed by the Illinois  Finance
17    Authority.

18        Section  845-80.  Any  reference  in statute, in rule, or
19    otherwise to the following entities is  a  reference  to  the
20    Illinois Finance Authority created by this Act:
21        The Illinois Development Finance Authority.
22        The Illinois Farm Development Authority.
23        The Illinois Health Facilities Authority.
24        The Illinois Research Park Authority.
25        The Illinois Rural Bond Bank.
26        The Illinois Educational Facilities Authority.
27        The Illinois Community Development Finance Corporation.

28        Section  845-85.   Any  reference in statute, in rule, or
29    otherwise to the following Acts is a reference to this Act:
30        The Illinois Development Finance Authority Act.
31        The Illinois Farm Development Act.
32        The Illinois Health Facilities Authority Act.
 
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 1        The Illinois Research Park Authority Act.
 2        The Rural Bond Bank Act.
 3        The Illinois Educational Facilities Authority Act.
 4        The Illinois Community  Development  Finance  Corporation
 5    Act.

 6                             ARTICLE 890
 7                        AMENDATORY PROVISIONS

 8        Section  890-1.   The  Statute  on Statutes is amended by
 9    changing Section 8 as follows:

10        (5 ILCS 70/8) (from Ch. 1, par. 1107)
11        Sec. 8.  Omnibus Bond Acts.
12        (a)  A citation to the Omnibus Bond Acts is a citation to
13    all of the following Acts, collectively, as amended from time
14    to time:  the Bond Authorization  Act,  the  Registered  Bond
15    Act, the Municipal Bond Reform Act, the Local Government Debt
16    Reform Act, subsection (a) of Section 1-7 of the Property Tax
17    Extension Limitation Act, subsection (a) of Section 18-190 of
18    the  Property  Tax  Code,  the Uniform Facsimile Signature of
19    Public Officials Act, the Local Government Bond Validity Act,
20    the Illinois Development Finance Authority  Act,  the  Public
21    Funds Investment Act, the Local Government Credit Enhancement
22    Act,  the  Local  Government  Defeasance  of  Debt  Law,  the
23    Intergovernmental   Cooperation  Act,  the  Local  Government
24    Financial  Planning  and   Supervision   Act,   the   Special
25    Assessment  Supplemental Bond and Procedure Act, Section 12-5
26    of the Election Code, and any similar Act granting additional
27    omnibus  bond  powers  to  governmental  entities  generally,
28    whether enacted before, on, or after the  effective  date  of
29    this amendatory Act of 1989.
30        (b)  The    General    Assembly   recognizes   that   the
31    proliferation of governmental entities has  resulted  in  the
 
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 1    enactment of hundreds of statutory provisions relating to the
 2    borrowing  and  other  powers  of  governmental entities. The
 3    General Assembly addresses and has addressed problems  common
 4    to  all  such  governmental  entities so that they have equal
 5    access to the municipal bond market. It has  been,  and  will
 6    continue  to  be,  the  intention  of the General Assembly to
 7    enact legislation applicable to governmental entities  in  an
 8    omnibus  fashion,  as  has been done in the provisions of the
 9    Omnibus Bond Acts.
10        (c)  It is and always  has  been  the  intention  of  the
11    General  Assembly  that  the Omnibus Bond Acts are and always
12    have been supplementary grants of power, cumulative in nature
13    and in addition to any power  or  authority  granted  in  any
14    other  laws  of  the  State.    The  Omnibus  Bond  Acts  are
15    supplementary grants of power when applied in connection with
16    any  similar  grant  of  power or limitation contained in any
17    other law of the State, whether  or  not  the  other  law  is
18    enacted or amended after an Omnibus Bond Act or appears to be
19    more restrictive than an Omnibus Bond Act, unless the General
20    Assembly   expressly  declares  in  such  other  law  that  a
21    specifically named Omnibus Bond Act does not apply.
22        (d)  All instruments providing for the payment  of  money
23    executed by or on behalf of any governmental entity organized
24    by  or  under  the  laws  of  this  State,  including without
25    limitation the State, to carry out a public  governmental  or
26    proprietary    function,   acting   through   its   corporate
27    authorities, or which any governmental entity has assumed  or
28    agreed to pay, which were:
29             (1)  issued   or   authorized   to   be   issued  by
30        proceedings adopted by such corporate authorities  before
31        the effective date of this amendatory Act of 1989;
32             (2)  issued or authorized to be issued in accordance
33        with  the  procedures  set  forth  in  or pursuant to any
34        authorization contained in any of the Omnibus Bond  Acts;
 
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 1        and
 2             (3)  issued  or  authorized  to  be  issued  for any
 3        purpose authorized by the laws of this State,  are  valid
 4        and  legally  binding  obligations  of  the  governmental
 5        entity  issuing  such  instruments, payable in accordance
 6        with their terms.
 7    (Source: P.A. 90-480, eff. 8-17-97; 91-57, eff. 6-30-99.)

 8        Section 890-2.  The Department of Commerce and  Community
 9    Affairs  Law  of the Civil Administrative Code of Illinois is
10    amended by changing Sections 605-675, 605-915,  605-920,  and
11    605-925 as follows:

12        (20 ILCS 605/605-675) (was 20 ILCS 605/46.66)
13        Sec.  605-675.  Exporter  award  program.  The Department
14    shall  establish  and  operate,  in  cooperation   with   the
15    Department   of  Agriculture  and  the  Illinois  Development
16    Finance Authority, an  annual  awards  program  to  recognize
17    Illinois-based  exporters.   In  developing  criteria for the
18    awards,  the  Department  shall  give  consideration  to  the
19    exporting efforts  of  small  and  medium  sized  businesses,
20    first-time exporters, and other appropriate categories.
21    (Source: P.A. 91-239, eff. 1-1-00.)

22        (20 ILCS 605/605-915) (was 20 ILCS 605/46.45)
23        Sec.  605-915.  Assisting  local  governments  to achieve
24    lower  borrowing  costs.  To  cooperate  with  the   Illinois
25    Development  Finance Authority in assisting local governments
26    to achieve overall lower borrowing costs and  more  favorable
27    terms  under  Sections  7.50  through  7.61  of  the Illinois
28    Development  Finance  Authority  Act,  including  using   the
29    Department's    federally    funded   Community   Development
30    Assistance Program for those purposes.
31    (Source: P.A. 91-239, eff. 1-1-00.)
 
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 1        (20 ILCS 605/605-920) (was 20 ILCS 605/46.47)
 2        Sec.  605-920.   Assisting   local    governments;   debt
 3    management,  capital  facility planning, infrastructure.   To
 4    provide, in cooperation with the Illinois Development Finance
 5    Authority, technical assistance  to  local  governments  with
 6    respect   to  debt  management  and  bond  issuance,  capital
 7    facility planning, infrastructure  financing,  infrastructure
 8    maintenance,  fiscal  management,  and  other  infrastructure
 9    areas.
10    (Source: P.A. 91-239, eff. 1-1-00.)

11        (20 ILCS 605/605-925) (was 20 ILCS 605/46.48)
12        Sec.    605-925.   Helping   local   governments   reduce
13    infrastructure  costs.  To  develop  and  recommend  to   the
14    Governor  and  the  General Assembly, in cooperation with the
15    Illinois Development Finance Authority and local governments,
16    methods and  techniques  that  can  be  used  to  help  local
17    governments   reduce   their   public  infrastructure  costs,
18    including strengthened local financial management, user fees,
19    and other appropriate options.
20    (Source: P.A. 91-239, eff. 1-1-00.)

21        Section 890-3.   The  Illinois  Enterprise  Zone  Act  is
22    amended by changing Section 7 as follows:

23        (20 ILCS 655/7) (from Ch. 67 1/2, par. 611)
24        Sec.  7.   State Incentives Regarding Public Services and
25    Physical Infrastructure.
26        (a)  This Act does not restrict tax  incentive  financing
27    pursuant to the "Tax Increment Allocation Redevelopment Act".
28        (b)  Industrial  development  bonds.  Priority in the use
29    of  industrial  development  bonds  issued  by  the  Illinois
30    Development Finance Authority shall be  given  to  businesses
31    located in an Enterprise Zone.
 
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 1        (c)  Deposit  of State funds by the State Treasurer.  The
 2    State  Treasurer  is  authorized  and  encouraged  to   place
 3    deposits  of  State  funds  with financial institutions doing
 4    business in an Enterprise Zone.
 5    (Source: P.A. 84-1417.)

 6        Section  890-4.   The  Energy   Conservation   and   Coal
 7    Development Act is amended by changing Section 15 as follows:

 8        (20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
 9        Sec.  15.   (a)  The  Department, in cooperation with the
10    Illinois Development Finance  Authority,  shall  establish  a
11    program  to  assist  units of local government, as defined in
12    the Illinois Development Finance Authority Act,  to  identify
13    and  arrange  financing  for energy conservation projects for
14    buildings and facilities owned or leased by  those  units  of
15    local government.
16        (b)  The  Department,  in  cooperation  with the Illinois
17    Health Facilities Authority, shall  establish  a  program  to
18    assist  health  facilities  to identify and arrange financing
19    for energy conservation projects for buildings and facilities
20    owned or leased by those health facilities.
21    (Source: P.A. 87-852; 88-45.)

22        Section 890-5.  The Department of  Public  Health  Powers
23    and  Duties  Law of the Civil Administrative Code of Illinois
24    is amended by changing Section 2310-200 as follows:

25        (20 ILCS 2310/2310-200) (was 20 ILCS 2310/55.53)
26        Sec. 2310-200.  Programs  to  expand  access  to  primary
27    care.
28        (a)  The  Department  shall establish a program to expand
29    access to comprehensive primary care in medically underserved
30    communities throughout Illinois.  This  program  may  include
 
SB1075 Enrolled            -125-     LRB093 08352 JAM 08571 b
 1    the  provision  of financial support and technical assistance
 2    to eligible community health centers.   To  be  eligible  for
 3    those grants, community health centers must meet requirements
 4    comparable to those enumerated in Sections 329 and 330 of the
 5    federal  Public  Health  Service  Act.   In  establishing its
 6    program, the Department shall avoid duplicating resources  in
 7    areas already served by community health centers.
 8        (b)  The  Department  may develop financing programs with
 9    the Illinois Development Finance Authority to carry  out  the
10    purposes  of the Civil Administrative Code of Illinois or any
11    other  Act   that   the   Department   is   responsible   for
12    administering.   The  Department may transfer to the Illinois
13    Development Finance Authority, into an account outside of the
14    State treasury,  any  moneys  it  deems  necessary  from  its
15    accounts  to  establish  bond  reserve  or credit enhancement
16    escrow accounts, or loan or equipment leasing programs.   The
17    disposition of moneys at the conclusion of any such financing
18    program shall be determined by an interagency agreement.
19    (Source: P.A. 91-239, eff. 1-1-00.)

20        Section  890-6.   The  Asbestos  Abatement Finance Act is
21    amended by changing Sections 2 and 3 as follows:

22        (20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)
23        Sec. 2.  Definitions.  The  following  words  and  terms,
24    whether  or  not  capitalized,  have  the following meanings,
25    unless the context or use clearly requires otherwise:
26        "Asbestos" means asbestos as  defined  and  used  in  the
27    federal  Asbestos  Hazard  Emergency Response Act of 1986, as
28    now  or  hereafter   amended,   including   the   regulations
29    promulgated under that Act.
30        "Asbestos  Abatement  Project" means asbestos inspection,
31    planning and response action under and within the meaning  of
32    the  federal  Asbestos Hazard Emergency Response Act of 1986,
 
SB1075 Enrolled            -126-     LRB093 08352 JAM 08571 b
 1    as now or hereafter amended, to abate a health hazard  caused
 2    directly  or  indirectly  by the existence of asbestos in any
 3    building or other facility  owned,  operated,  maintained  or
 4    occupied  in  whole  or  in part by a public corporation or a
 5    private institution.
 6        "Authority"  means  the  Illinois   Development   Finance
 7    Authority.
 8        "Board" means the Board of the Authority.
 9        "Bond"   means  any  bond,  note  or  other  evidence  of
10    indebtedness issued by the Authority under this Act.
11        "Chairman" means the Chairman of the Authority.
12        "Cost" as applied to an asbestos abatement project  means
13    the  costs incurred or to be incurred by a public corporation
14    or a  private  institution  in  the  removal,  encapsulation,
15    enclosure, repair, or maintenance of asbestos in any building
16    or  other facility owned, operated, maintained or occupied in
17    whole or in  part  by  a  public  corporation  or  a  private
18    institution,   including   all   incidental   costs  such  as
19    engineering, architectural,  consulting  and  legal  expenses
20    incurred  in  connection  with an asbestos abatement project,
21    plans,  specifications,  surveys,  estimates  of  costs   and
22    revenues,   finance   charges,  interest  before  and  during
23    construction of an asbestos abatement project and, for up  to
24    18  months  after  completion of construction, other expenses
25    necessary or incident to determining the need, feasibility or
26    practicability   of   an    asbestos    abatement    project,
27    administrative  expenses,  and  such other costs, charges and
28    expenses as may be necessary or incident to the  construction
29    or  financing  of any asbestos abatement project.  As used in
30    this  Act,  "cost"  means  not  only  costs  of  an  asbestos
31    abatement project expected to be incurred in the future,  but
32    costs  already incurred and paid by a public corporation or a
33    private institution so that a public corporation or a private
34    institution shall be permitted to reimburse itself for  those
 
SB1075 Enrolled            -127-     LRB093 08352 JAM 08571 b
 1    costs previously incurred and paid.
 2        "Person"   means   any   individual,  firm,  partnership,
 3    association,   or   corporation,   separately   or   in   any
 4    combination.
 5        "Private   institution"    means    any    not-for-profit
 6    organization  within  the meaning of Section 501(c)(3) of the
 7    Internal Revenue Code of 1986, as now or  hereafter  amended,
 8    including  any  private  or  nonpublic  pre-school,  day care
 9    center,  day  or  residential  educational  institution  that
10    provides elementary or secondary education for grades  12  or
11    under, any private or nonpublic college or university, or any
12    hospital, health care or long term care institution.
13        "Private institution security" means any bond, note, loan
14    agreement,  or other evidence of indebtedness which a private
15    institution is legally authorized to issue or enter into  for
16    the  purpose  of  financing  or  refinancing  the costs of an
17    asbestos abatement project.
18        "Public corporation" means any body  corporate  organized
19    by  or  under  the  laws  of this State to carry out a public
20    governmental or proprietary function,  including  the  State,
21    any  State  agency, any school district, park district, city,
22    village, incorporated town, county, township, drainage or any
23    other  type  of  district,  board,   commission,   authority,
24    university,  public  community  college  or  any  combination
25    (including any combination under Section 10 of Article VII of
26    the  Illinois  Constitution  or  under  the Intergovernmental
27    Cooperation Act of 1973, as now or hereafter amended), acting
28    through their corporate authorities, and any  other  unit  of
29    local  government  within the meaning of Section 1 of Article
30    VII of the Illinois Constitution.
31        "Public corporation security" means any bond, note,  loan
32    agreement,  or  other evidence of indebtedness which a public
33    corporation is legally authorized to issue or enter into  for
34    the  purpose  of  financing  or  refinancing  the costs of an
 
SB1075 Enrolled            -128-     LRB093 08352 JAM 08571 b
 1    asbestos abatement project.
 2        "Secretary" means the Secretary of the Authority.
 3        "State" means the State of Illinois.
 4        "Treasurer" means the Treasurer of the Authority.
 5    (Source: P.A. 86-976.)

 6        (20 ILCS 3510/3) (from Ch. 111 1/2, par. 8103)
 7        Sec. 3.  Powers.  In addition to  the  powers  set  forth
 8    elsewhere in this Act and in The Illinois Development Finance
 9    Authority  Act,  as  now  or hereafter amended, the Authority
10    may:
11        (a)  Adopt an official seal.
12        (b)  Maintain asbestos  abatement  suboffices  at  places
13    within the State as it designates.
14        (c)  Sue  and be sued, plead and be impleaded, all in its
15    own name, and agree to binding arbitration of any dispute  to
16    which it is a party under this Act.
17        (d)  Adopt  bylaws,  rules,  and regulations to carry out
18    the provisions and purposes of this Act.
19        (e)  Employ, either as regular employees  or  independent
20    contractors, consultants, engineers, architects, accountants,
21    attorneys,    financial    experts,   construction   experts,
22    superintendents, managers, other professional personnel,  and
23    other  persons  as  may  be  necessary  or appropriate in the
24    judgment of the Authority to achieve  the  purposes  of  this
25    Act, and fix their compensation.
26        (f)  Determine  the  locations  of,  develop,  establish,
27    construct,  erect,  acquire,  own,  repair,  remodel, add to,
28    extend,  improve,  equip,  operate,  regulate,  and  maintain
29    facilities to the extent necessary to accomplish the purposes
30    of this Act.
31        (g)  Acquire, hold, lease, use,  encumber,  transfer,  or
32    dispose   of   real  and  personal  property,  including  the
33    alteration or demolition  of  improvements  to  real  estate,
 
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 1    necessary to accomplish the purposes of this Act.
 2        (h)  Enter  into  contracts of any kind in furtherance of
 3    or which are necessary or incidental to the purposes of  this
 4    Act or actions of the Authority taken under this Act.
 5        (i)  Regulate the use and operation of asbestos abatement
 6    projects  developed  under the provisions of this Act, except
 7    that asbestos abatement projects undertaken by schools  shall
 8    be  governed  by  the  Asbestos  Abatement  Act, the Asbestos
 9    Hazard  Emergency  Response  Act  and  by   the   regulations
10    promulgated  by  the  Department of Public Health pursuant to
11    those Acts.
12        (j)  Purchase from time to time by negotiated sale,  upon
13    such   terms   as   the  Authority  shall  determine,  public
14    corporation  securities  issued  by  one   or   more   public
15    corporations  for  the  purpose  of  paying costs of asbestos
16    abatement projects or private institution  securities  issued
17    by one or more private institutions for the purpose of paying
18    costs of asbestos abatement projects.
19        (k)  Make loans from time to time, upon such terms as the
20    Authority shall determine, to public corporations and private
21    institutions  for  the  purpose  of  paying costs of asbestos
22    abatement projects.
23        (l)  Issue bonds in one or more series pursuant to one or
24    more resolutions adopted by the  Board  for  the  purpose  of
25    purchasing  or  acquiring  public  corporation  securities or
26    private institution securities  issued  for  the  purpose  of
27    paying  costs  of  asbestos  abatement  projects  or  for the
28    purpose of making loans to  public  corporations  or  private
29    institutions  for  the  purpose  of  paying costs of asbestos
30    abatement projects, providing for the payment of any interest
31    deemed necessary on such  bonds,  paying  for  the  costs  of
32    issuance  of  such  bonds,  providing  for the payment of any
33    premium on any insurance  or  the  cost  of  any  guarantees,
34    letters  of credit or other credit enhancement facilities, or
 
SB1075 Enrolled            -130-     LRB093 08352 JAM 08571 b
 1    providing for the funding of any reserves deemed necessary in
 2    connection  with  such  bonds,  and  refunding   or   advance
 3    refunding (one or more times) any such bonds.  Such bonds may
 4    bear  interest  at  any  rate  or  rates  (whether  fixed  or
 5    variable,  and  whether current or deferred), notwithstanding
 6    any other provision of law to the  contrary,  which  rate  or
 7    rates  may be established by an index or formula which may be
 8    implemented or established by persons appointed  or  retained
 9    therefor  by  the Authority, may bear such date or dates, may
10    be payable at such time or times and at such place or places,
11    may mature at any time or times not later than 40 years  from
12    the   date  of  issuance,  may  be  sold  at  competitive  or
13    negotiated sale at such time or times and at  such  price  or
14    prices,  may be secured by such pledges, covenants, reserves,
15    guarantees, letters of credit  or  other  credit  enhancement
16    facilities,  may  be issued and secured by such form of trust
17    agreement between the Authority and a bank or  trust  company
18    having  the  powers  of a trust company within or without the
19    State, may be executed in such  manner,  may  be  subject  to
20    redemption  prior  to  maturity,  and  may be subject to such
21    other terms and conditions, as are provided by the  Authority
22    in the resolution authorizing the issuance of any such bonds.
23        (m)  Provide  for  the  establishment  and funding of any
24    reserves or other funds or accounts deemed necessary  by  the
25    Authority   in  connection  with  any  bonds  issued  by  the
26    Authority under this Act, any public  corporation  securities
27    or  private  institution  securities purchased or acquired by
28    the Authority, or any loan made by the Authority to a  public
29    corporation  or  a private institution, and deposit into such
30    reserves, funds or accounts the proceeds of any bonds  issued
31    by  the  Authority or any other funds of the Authority or any
32    funds of a public corporation or a private institution  which
33    may  be  applied  for  such purpose.  Such reserves, funds or
34    accounts may be held by a corporate trustee, which may be any
 
SB1075 Enrolled            -131-     LRB093 08352 JAM 08571 b
 1    trust company or bank having the powers of  a  trust  company
 2    located within or outside the State.
 3        (n)  Pledge  any  public  corporation security or private
 4    institution security, including any payment thereon, and  any
 5    other  funds  of  the  Authority which may be applied to such
 6    purpose, as security for any bonds issued by the Authority or
 7    to secure any letter of credit,  guarantee  or  other  credit
 8    enhancement facility.
 9        (o)  Enter into agreements or other transactions with any
10    federal,  State  or  local  governmental agency in connection
11    with this Act.
12        (p)  Receive and accept from any federal agency,  subject
13    to  the approval of the Governor, grants for or in aid of the
14    construction of asbestos abatement projects or  for  research
15    and  development with respect to asbestos abatement projects,
16    such grants to  be  held,  used  and  applied  only  for  the
17    purposes for which such grants were made.
18        (q)  Charge fees to defray the cost of letters of credit,
19    guarantees  or other credit enhancement facilities, trustees,
20    depositaries, paying agents, bond registrars, escrow  agents,
21    tender  agents and other administrative and program expenses;
22    and otherwise charge such program fees  consistent  with  the
23    purposes of this Act as the Authority shall from time to time
24    determine. Any such fees shall be payable in such amounts and
25    at  such  times  as  the  Authority  shall determine, and the
26    amount of the fees need not  be  uniform  among  the  various
27    series  of bonds issued by the Authority or among the issuers
28    of  public  corporation  securities  or  private  institution
29    securities purchased or acquired or proposed to be  purchased
30    or acquired by the Authority.
31        (r)  Prescribe  application  forms,  notification  forms,
32    forms of contracts, loan agreements, financing agreements and
33    security  agreements,  and  such other forms as the Authority
34    deems necessary or appropriate in connection with this Act.
 
SB1075 Enrolled            -132-     LRB093 08352 JAM 08571 b
 1        (s)  Purchase or  acquire  any  bonds  of  the  Authority
 2    issued   under   this   Act   for  cancellation,  resale,  or
 3    reissuance.
 4        (t)  Subject  to  the  provisions  of   any   resolution,
 5    indenture,  or other contract with the owners of bonds, sell,
 6    or  otherwise  transfer  or  dispose  of  public  corporation
 7    securities or private institution securities  acquired  under
 8    this Act.
 9        (u)  Do  any  and  all  things necessary or convenient to
10    carry out the purposes of, and exercise the powers  expressly
11    given  and  granted  in,  this Act, including the adoption of
12    rules under The Illinois Administrative Procedure Act, as now
13    or hereafter amended, as  are  necessary  to  carry  out  the
14    powers and duties conferred by this Act.
15    (Source: P.A. 86-976.)

16        Section  890-7.   The  Illinois  Environmental Facilities
17    Financing Act is amended by changing Sections 3, 4, and 7  as
18    follows:

19        (20 ILCS 3515/3) (from Ch. 127, par. 723)
20        Sec.  3.   Definitions.   In this Act, unless the context
21    otherwise clearly requires, the terms used herein shall  have
22    the meanings ascribed to them as follows:
23        (a)  "Bonds"   means   any   bonds,   notes,  debentures,
24    temporary, interim or permanent certificates of  indebtedness
25    or other obligations evidencing indebtedness.
26        (b)  "Directing  body"  means  the  members  of the State
27    authority.
28        (c)  "Environmental facility" or "facilities"  means  any
29    land,   interest  in  land,  building,  structure,  facility,
30    system,  fixture,   improvement,   appurtenance,   machinery,
31    equipment  or  any  combination  thereof,  and  all  real and
32    personal property deemed necessary therewith,  having  to  do
 
SB1075 Enrolled            -133-     LRB093 08352 JAM 08571 b
 1    with   or   the   primary  purpose  of  which  is,  reducing,
 2    controlling or preventing pollution,  or  reclaiming  surface
 3    mined land.  Environmental facilities may be located anywhere
 4    in  this  State and may include those facilities or processes
 5    used to (i) remove potential pollutants from  coal  prior  to
 6    combustion,   (ii)   reduce  the  volume  or  composition  of
 7    hazardous  waste  by  changing  or  replacing   manufacturing
 8    equipment  or  processes,  (iii)  recycle hazardous waste, or
 9    (iv) recover resources from  hazardous  waste.  Environmental
10    facilities  may  also  include  (i)  solar  collectors, solar
11    storage mechanisms and solar energy systems,  as  defined  in
12    Section  10-5  of  the  Property  Tax  Code;  (ii) facilities
13    designed to collect,  store,  transfer,  or  distribute,  for
14    residential,  commercial or industrial use, heat energy which
15    is a by-product of industrial or energy generation  processes
16    and   which  would  otherwise  be  wasted;  (iii)  facilities
17    designed to remove pollutants from emissions that result from
18    the  combustion  of  coal;  and  (iv)  facilities   for   the
19    combustion  of  coal in a fluidized bed boiler. Environmental
20    facilities  include  landfill  gas  recovery  facilities,  as
21    defined in the Illinois Environmental Protection Act.
22        Environmental  facilities  do  not  include   any   land,
23    interest  in  land,  buildings,  structure, facility, system,
24    fixture, improvement, appurtenance, machinery,  equipment  or
25    any  combination  thereof, and all real and personal property
26    deemed necessary therewith, having to  do  with  a  hazardous
27    waste  disposal  site,  except  where  such land, interest in
28    land,  buildings,  structure,  facility,   system,   fixture,
29    improvement,  appurtenance,  machinery,  equipment,  real  or
30    personal  property are used for the management or recovery of
31    gas generated by a hazardous waste disposal site or are  used
32    for  recycling,  reclamation,  tank  storage  or treatment in
33    tanks which occurs on the same  site  as  a  hazardous  waste
34    disposal site.
 
SB1075 Enrolled            -134-     LRB093 08352 JAM 08571 b
 1        (d)  "Finance"   or  "financing"  means  the  issuing  of
 2    revenue bonds pursuant to Section 9 of this Act by the  State
 3    authority  for  the  purpose  of  using  the  proceeds to pay
 4    project  costs  for  an  environmental  or  hazardous   waste
 5    treatment  facility including one in or to which title at all
 6    times remains in a person other than the State authority,  in
 7    which case the bonds of the Authority are secured by a pledge
 8    of one or more notes, debentures, bonds or other obligations,
 9    secured or unsecured, of any person.
10        (e)  "Person"    means   any   individual,   partnership,
11    copartnership, firm, company, corporation  (including  public
12    utilities),  association, joint stock company, trust, estate,
13    political subdivision,  state  agency,  or  any  other  legal
14    entity, or their legal representative, agent or assigns.
15        (f)  "Pollution"   means   any   form   of  environmental
16    pollution including, but not limited to, water pollution, air
17    pollution, land pollution,  solid  waste  pollution,  thermal
18    pollution,  radiation  contamination,  or  noise pollution as
19    determined by the various standards prescribed by this  state
20    or  the  federal government and including but not limited to,
21    anything which is considered as  pollution  or  environmental
22    damage in the Environmental Protection Act, approved June 29,
23    1970, as now or hereafter amended.
24        (g)  "Project  costs"  as  applied  to  environmental  or
25    hazardous waste treatment facilities financed under  this Act
26    means  and  includes  the  sum  total  of  all  reasonable or
27    necessary costs incidental to the acquisition,  construction,
28    reconstruction, repair, alteration, improvement and extension
29    of such environmental or hazardous waste treatment facilities
30    including without limitation the cost of studies and surveys;
31    plans,    specifications,   architectural   and   engineering
32    services; legal, organization,  marketing  or  other  special
33    services;  financing,  acquisition, demolition, construction,
34    equipment and  site  development  of  new  and  rehabilitated
 
SB1075 Enrolled            -135-     LRB093 08352 JAM 08571 b
 1    buildings;    rehabilitation,   reconstruction,   repair   or
 2    remodeling of existing buildings and all other necessary  and
 3    incidental  expenses  including  an initial bond and interest
 4    reserve together with interest on  bonds  issued  to  finance
 5    such environmental or hazardous waste treatment facilities to
 6    a   date  6  months  subsequent  to  the  estimated  date  of
 7    completion.
 8        (h)  "State authority" or "authority" means the  Illinois
 9    Development   Finance   Authority  created  by  the  Illinois
10    Development Finance Authority Act.
11        (i)  "Small business" or "small businesses"  means  those
12    commercial  and  manufacturing  entities which at the time of
13    their application to the authority meet  those  criteria,  as
14    interpreted   and   applied   by  the  State  authority,  for
15    definition as a "small business" established  for  the  Small
16    Business  Administration and set forth as Section 121.3-10 of
17    Part 121 of Title 13 of the Code of  Federal  Regulations  as
18    such  Section  is  in  effect  on  the effective date of this
19    amendatory Act of 1975.
20        (j)  "New coal-fired electric  utility  steam  generating
21    plants"  and  "new coal-fired industrial boilers" means those
22    plants and boilers on which  construction  begins  after  the
23    effective date of this amendatory Act of 1981.
24        (k)  "Hazardous waste treatment facility" means any land,
25    interest  in  land,  building,  structure,  facility, system,
26    fixture, improvement, appurtenance, machinery, equipment,  or
27    any  combination  thereof, and all real and personal property
28    deemed necessary therewith, the primary purpose of  which  is
29    to    recycle,   incinerate,   or   physically,   chemically,
30    biologically or  otherwise  treat  hazardous  wastes,  or  to
31    reduce  the  production  of  hazardous  wastes by changing or
32    replacing manufacturing equipment  or  processes,  and  which
33    meets  the  requirements  of the Environmental Protection Act
34    and all regulations adopted thereunder.
 
SB1075 Enrolled            -136-     LRB093 08352 JAM 08571 b
 1    (Source: P.A. 88-670, eff. 12-2-94.)

 2        (20 ILCS 3515/4) (from Ch. 127, par. 724)
 3        Sec.  4.   Transfer  of  functions  from   the   Illinois
 4    Development   Finance   Environmental   Facilities  Financing
 5    Authority to the Illinois Development Finance Authority.  The
 6    Illinois  Development  Finance  Authority  created   by   the
 7    Illinois  Development Finance Authority Act shall succeed to,
 8    assume  and  exercise  all   rights,   powers,   duties   and
 9    responsibilities   formerly   exercised   by   the   Illinois
10    Development   Finance   Environmental   Facilities  Financing
11    Authority prior to the abolition of that  Authority  by  this
12    amendatory Act of the 93rd General Assembly 1983.  All books,
13    records,  papers,  documents  and pending business in any way
14    pertaining  to  the  former  Illinois   Development   Finance
15    Environmental  Facilities Financing Authority are transferred
16    to the Illinois Development Finance Authority, but any rights
17    or obligations of any person under any contract made  by,  or
18    under any rules, regulations, uniform standards, criteria and
19    guidelines  established  or  approved by such former Illinois
20    Environmental  Facilities  Financing   Authority   shall   be
21    unaffected  thereby.   All bonds, notes or other evidences of
22    indebtedness  outstanding  on  the  effective  date  of  this
23    amendatory Act of the 93rd General  Assembly  1983  shall  be
24    unaffected  by  the  transfer  of  functions  to the Illinois
25    Development  Finance   Authority.    No   rule,   regulation,
26    standard,  criteria  or guideline promulgated, established or
27    approved  by  the   former   Illinois   Development   Finance
28    Environmental  Facilities  Financing Authority pursuant to an
29    exercise of any right, power, duty or responsibility  assumed
30    by  and  transferred  to  the  Illinois  Development  Finance
31    Authority  shall  be  affected  by this amendatory Act of the
32    93rd General Assembly 1983, and all such rules,  regulations,
33    standards,  criteria and guidelines shall become those of the
 
SB1075 Enrolled            -137-     LRB093 08352 JAM 08571 b
 1    Illinois  Development Finance Authority until  such  time  as
 2    they  are  amended  or repealed by the Authority. Any action,
 3    including without limitation, approvals of  applications  for
 4    bonds  and resolutions constituting official action under the
 5    Internal  Revenue  Code,  by   the   Illinois   Environmental
 6    Facilities  Financing  Authority  prior  to the September 23,
 7    1983  effective  date  of  Public  Act  83-669  shall  remain
 8    effective to the same extent as if such action had been taken
 9    by the Authority and shall be deemed to be  action  taken  by
10    the  Authority.  The  State authority is constituted a public
11    instrumentality and the exercise by the  State  authority  of
12    the  powers conferred by this Act shall be deemed and held to
13    be the performance of an essential public function.  Sections
14    7.42  through  7.48  of  The  Illinois  Development   Finance
15    Authority  Act  shall not apply to the provision of financing
16    for environmental facilities by the  Authority,  unless  such
17    financing is provided pursuant to such Sections of such Act.
18    (Source: P.A. 83-1362.)

19        (20 ILCS 3515/7) (from Ch. 127, par. 727)
20        Sec.  7.   Powers.   In  addition to the powers otherwise
21    authorized by law, for the purposes of this  Act,  the  State
22    authority  shall  have the following powers together with all
23    powers incidental thereto or necessary  for  the  performance
24    thereof:
25        (1)  to  have  perpetual succession as a body politic and
26    corporate;
27        (2)  to adopt bylaws for the regulation  of  its  affairs
28    and the conduct of its business;
29        (3)  to  sue  and  be  sued  and  to prosecute and defend
30    actions in the courts;
31        (4)  to have and to use a corporate seal and to alter the
32    same at pleasure;
33        (5)  to maintain an office at such place or places as  it
 
SB1075 Enrolled            -138-     LRB093 08352 JAM 08571 b
 1    may designate;
 2        (6)  to   determine   the   location,   pursuant  to  the
 3    Environmental Protection Act, and the manner of  construction
 4    of any environmental or hazardous waste treatment facility to
 5    be  financed  under  this  Act  and  to  acquire,  construct,
 6    reconstruct,  repair,  alter,  improve, extend, own, finance,
 7    lease, sell and otherwise dispose of the facility,  to  enter
 8    into contracts for any and all of such purposes, to designate
 9    a person as its agent to determine the location and manner of
10    construction of an environmental or hazardous waste treatment
11    facility  undertaken  by  such person under the provisions of
12    this Act and as agent of the authority to acquire, construct,
13    reconstruct, repair, alter, improve, extend, own, lease, sell
14    and otherwise dispose of the  facility,  and  to  enter  into
15    contracts for any and all of such purposes;
16        (7)  to  finance  and to lease or sell to a person any or
17    all  of  the  environmental  or  hazardous  waste   treatment
18    facilities  upon  such  terms and conditions as the directing
19    body considers proper, and to  charge  and  collect  rent  or
20    other  payments  therefor  and to terminate any such lease or
21    sales agreement or financing agreement upon  the  failure  of
22    the  lessee,  purchaser  or  debtor to comply with any of the
23    obligations thereof; and to include  in  any  such  lease  or
24    other  agreement,  if  desired,  provisions  that the lessee,
25    purchaser or debtor thereunder shall have  options  to  renew
26    the  term  of  the  lease,  sales or other agreement for such
27    period or periods and at such rent or other consideration  as
28    shall  be determined by the directing body or to purchase any
29    or all of the  environmental  or  hazardous  waste  treatment
30    facilities  for  a  nominal amount or otherwise or that at or
31    prior to the payment of all of the indebtedness  incurred  by
32    the  authority  for  the  financing  of such environmental or
33    hazardous waste treatment facilities the authority may convey
34    any or all of the environmental or hazardous waste  treatment
 
SB1075 Enrolled            -139-     LRB093 08352 JAM 08571 b
 1    facilities to the lessee or purchaser thereof with or without
 2    consideration;
 3        (8)  to  issue  bonds  for any of its corporate purposes,
 4    including a bond issuance for  the  purpose  of  financing  a
 5    group  of projects involving environmental facilities, and to
 6    refund those bonds, all as  provided  for  in  this  Act  and
 7    subject to Section 13 of this Act;
 8        (9)  generally  to  fix  and revise from time to time and
 9    charge and collect rates, rents, fees and charges for the use
10    of  and  services  furnished  or  to  be  furnished  by   any
11    environmental  or  hazardous  waste treatment facility or any
12    portion thereof and to contract  with  any  person,  firm  or
13    corporation  or  other  body  public  or  private  in respect
14    thereof;
15        (10)  to   employ   consulting   engineers,   architects,
16    attorneys, accountants, construction and  financial  experts,
17    superintendents, managers and such other employees and agents
18    as  may  be  necessary  in  its  judgment  and  to  fix their
19    compensation;
20        (11)  to receive and accept from any public agency  loans
21    or   grants  for  or  in  aid  of  the  construction  of  any
22    environmental  facility  and  any  portion  thereof,  or  for
23    equipping  the  facility,  and  to receive and accept grants,
24    gifts or other contributions from any source;
25        (12)  to refund outstanding obligations incurred  by  any
26    person  to  finance the cost of an environmental or hazardous
27    waste treatment facility including obligations  incurred  for
28    environmental   or   hazardous   waste  treatment  facilities
29    undertaken and completed prior to or after the  enactment  of
30    this  Act  when the authority finds that such financing is in
31    the public interest;
32        (13)  to  prohibit   the   financing   of   environmental
33    facilities  for  new  coal-fired  electric  steam  generating
34    plants and new coal-fired industrial boilers which do not use
 
SB1075 Enrolled            -140-     LRB093 08352 JAM 08571 b
 1    Illinois coal as the primary source of fuel;
 2        (14)  to  set  and impose appropriate financial penalties
 3    on any person who receives financing from the State authority
 4    based on a commitment to use Illinois  coal  as  the  primary
 5    source  of  fuel  at  a new coal-fired electric utility steam
 6    generating plant or  new  coal-fired  industrial  boiler  and
 7    later uses non-Illinois coal as the primary source of fuel;
 8        (15)  to fix, determine, charge and collect any premiums,
 9    fees,   charges,   costs  and  expenses,  including,  without
10    limitation, any application fees,  program  fees,  commitment
11    fees,  financing  charges  or  publication fees in connection
12    with its activities under this Act; all expenses of the State
13    authority incurred in  carrying  out  this  Act  are  payable
14    solely  from  funds  provided under the authority of this Act
15    and no liability shall be incurred by  any  authority  beyond
16    the  extent to which moneys are provided under this Act.  All
17    fees and moneys accumulated by the Authority as  provided  in
18    this  Act  or  the Illinois Development Finance Authority Act
19    shall be held outside  of  the  State  treasury  and  in  the
20    custody of the Treasurer of the Authority; and
21        (16)  to  do all things necessary and convenient to carry
22    out the purposes of this Act.
23        The State authority may not operate any environmental  or
24    hazardous  waste  treatment facility as a business except for
25    the purpose of protecting or  maintaining  such  facility  as
26    security  for bonds of the State authority.  No environmental
27    or hazardous waste treatment facilities  completed  prior  to
28    January  1, 1970 may be financed by the State authority under
29    this  Act,  but    additions   and   improvements   to   such
30    environmental  or  hazardous waste treatment facilities which
31    are commenced subsequent to January 1, 1970 may  be  financed
32    by  the  State authority. Any lease, sales agreement or other
33    financing agreement in connection with  an  environmental  or
34    hazardous  waste  treatment facility entered into pursuant to
 
SB1075 Enrolled            -141-     LRB093 08352 JAM 08571 b
 1    this Act must be for a term  not  shorter  than  the  longest
 2    maturity of any bonds issued to finance such environmental or
 3    hazardous  waste  treatment facility or a portion thereof and
 4    must provide for rentals or other payments  adequate  to  pay
 5    the  principal  of and interest and premiums, if any, on such
 6    bonds as the same fall due and to create  and  maintain  such
 7    reserves  and  accounts  for  depreciation,  if  any,  as the
 8    directing body determines to be necessary.
 9        The Authority shall give priority to providing  financing
10    for the establishment of hazardous waste treatment facilities
11    necessary  to  achieve  the  goals  of  Section  22.6  of the
12    Environmental Protection Act.
13        The Authority shall give special consideration  to  small
14    businesses  in  authorizing  the  issuance  of  bonds for the
15    financing of environmental facilities pursuant to  subsection
16    (c) of Section 2.
17        The  Authority  shall  make  a  financial  report  on all
18    projects financed under this Section to the General Assembly,
19    to the Governor, and to  the  Illinois  Economic  and  Fiscal
20    Commission  by  April  1 of each year. Such report shall be a
21    public record and open for inspection at the offices  of  the
22    Authority  during  normal  business  hours.  The report shall
23    include: (a) all applications for loans and  other  financial
24    assistance  presented  to the members of the Authority during
25    such fiscal year, (b) all projects and owners  thereof  which
26    have  received  any  form  of  financial  assistance from the
27    Authority during such year, (c) the nature and amount of  all
28    such   assistance,   and  (d)  projected  activities  of  the
29    Authority for the next fiscal year, including  projection  of
30    the  total  amount  of  loans  and other financial assistance
31    anticipated  and  the  amount  of  revenue  bonds  or   other
32    evidences  of  indebtedness that will be necessary to provide
33    the projected level of  assistance  during  the  next  fiscal
34    year.
 
SB1075 Enrolled            -142-     LRB093 08352 JAM 08571 b
 1        The  requirement  for  reporting  to the General Assembly
 2    shall be satisfied by filing copies of the  report  with  the
 3    Speaker,  the  Minority  Leader and the Clerk of the House of
 4    Representatives and the President, the  Minority  Leader  and
 5    the  Secretary  of  the  Senate  and the Legislative Research
 6    Unit, as required by Section 3.1 of "An Act to revise the law
 7    in relation to the General Assembly", approved  February  25,
 8    1874,  as amended, 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
11    the State Library Act.
12    (Source: P.A. 88-519.)

13        Section 890-8.  The Bond Authorization Act is amended  by
14    changing Section 2 as follows:

15        (30 ILCS 305/2) (from Ch. 17, par. 6602)
16        Sec.  2.  Notwithstanding the provisions of any other law
17    to the contrary, any public corporation may agree or contract
18    to pay interest on bonds or other evidences  of  indebtedness
19    and  tax  anticipation  warrants issued pursuant to law at an
20    interest rate or rates not exceeding the greater  of  9%  per
21    annum  or  125% of the rate for the most recent date shown in
22    the 20 G.O. Bonds Index of average municipal bond  yields  as
23    published  in  the  most  recent  edition  of The Bond Buyer,
24    published in New York, New York (or any successor publication
25    or index, or if  such  publication  or  index  is  no  longer
26    published,  then  any index of long term municipal tax-exempt
27    bond yields then selected by a governing body), at  the  time
28    the  contract  is  made  for  the  sale of the bonds or other
29    evidences of indebtedness or tax  anticipation  warrants.   A
30    contract  is  made  with  respect  to notes or bonds when the
31    public corporation is contractually obligated to issue notes,
32    bonds, or other evidences of indebtedness or tax anticipation
 
SB1075 Enrolled            -143-     LRB093 08352 JAM 08571 b
 1    warrants to a purchaser who  is  contractually  obligated  to
 2    purchase  them;  and,  with respect to bonds or notes bearing
 3    interest at a  variable  rate  or  subject  to  payment  upon
 4    periodic demand or put or otherwise subject to remarketing by
 5    or  for  the  public  corporation, a contract is made on each
 6    date of change in the variable rate or such  demand,  put  or
 7    remarketing.   When  bonds or other evidences of indebtedness
 8    or tax anticipation warrants are to be  issued  by  a  public
 9    corporation  on a basis which is not tax-exempt under Section
10    103 of the Internal Revenue Code of 1986, as now or hereafter
11    amended, or successor code or provision,  then  the  interest
12    rate   or  rates  payable  thereon  shall  be  determined  by
13    substituting 13 1/2% for 9% and 200% for 125%  in  the  first
14    sentence of this Section.
15        These  amendatory  Acts  of 1971, 1972, 1973, 1975, 1979,
16    1982, 1983, 1987 and 1988 are not limits upon any  home  rule
17    unit.
18        This  Act is not a limit with respect to any bonds, notes
19    and other evidences of obligation for borrowed  money  issued
20    by any public corporation and purchased or otherwise acquired
21    by  the  Illinois  Development Finance Authority, pursuant to
22    Sections  7.50  through  7.61  of  the  Illinois  Development
23    Finance Authority  Act,  and  such  bonds,  notes  and  other
24    evidences  of obligation for borrowed money may bear interest
25    at any  rate  or  rates,  and  such  rate  or  rates  may  be
26    established  by  an index or formula which may be implemented
27    or established by persons  appointed  or  retained  therefor,
28    notwithstanding any other provision of law to the contrary.
29    (Source: P.A. 85-1440.)

30        Section  890-9.  The Human Services Provider Bond Reserve
31    Payment Act is amended by changing Section 10 as follows:

32        (30 ILCS 435/10)
 
SB1075 Enrolled            -144-     LRB093 08352 JAM 08571 b
 1        Sec. 10. Definitions.  For the purposes of this Act:
 2        (a)  "Service provider" means any nongovernmental entity,
 3    either for-profit  or  not-for-profit,  that  enters  into  a
 4    contract  with  a State agency under which the entity is paid
 5    or reimbursed by the State for providing  human  services  to
 6    persons in Illinois.
 7        (b)  "State  agency"  means the Department of Public Aid,
 8    the Department of Public Health, the Department  of  Children
 9    and  Family  Services,  the Department of Human Services, and
10    any other department  or  agency  of  State  government  that
11    enters  into contracts with service providers under which the
12    provider is paid or reimbursed by  the  State  for  providing
13    human services to persons in Illinois.
14        (c)  "Covered  bond  issue"  means revenue bonds (i) that
15    are issued by any agency of State or local government  within
16    this  State, including without limitation bonds issued by the
17    Illinois Development Finance Authority, (ii) that are  to  be
18    directly  or  indirectly  paid,  in  whole  or  in part, from
19    payments due to a service provider  under  a  human  services
20    contract  with  a  State  agency,  and (iii) for which a debt
21    service reserve or other reserve fund has  been  established,
22    under  the  control  of  a  named  trustee,  that the service
23    provider is required to replenish in the  event  that  moneys
24    from  the reserve fund are used to make payments of principal
25    or interest on the bonds.
26    (Source: P.A. 88-117; 89-507, eff. 7-1-97.)

27        Section 890-10.  The Build Illinois  Act  is  amended  by
28    changing Sections 1-3 and 8-3 as follows:

29        (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
30        Sec. 1-3.  The following agencies, boards and entities of
31    State  government  may expend appropriations for the purposes
32    contained in  this  Act:  Department  of  Natural  Resources;
 
SB1075 Enrolled            -145-     LRB093 08352 JAM 08571 b
 1    Department   of  Agriculture;  Illinois  Development  Finance
 2    Authority;   Capital   Development   Board;   Department   of
 3    Transportation; Department of  Central  Management  Services;
 4    Illinois   Arts  Council;  Environmental  Protection  Agency;
 5    Historic  Preservation  Agency;   State   Board   of   Higher
 6    Education;  the  Metropolitan  Pier and Exposition Authority;
 7    State Board of Education; Illinois Community  College  Board;
 8    Board  of  Trustees  of  the University of Illinois; Board of
 9    Trustees of Chicago State University; Board  of  Trustees  of
10    Eastern  Illinois  University; Board of Trustees of Governors
11    State  University;  Board  of  Trustees  of  Illinois   State
12    University;   Board  of  Trustees  of  Northeastern  Illinois
13    University;  Board   of   Trustees   of   Northern   Illinois
14    University; Board of Trustees of Western Illinois University;
15    and Board of Trustees of Southern Illinois University.
16    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)

17        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
18        Sec.  8-3.  Powers of the Department.  The Department has
19    the power to:
20        (a)  provide business development  public  infrastructure
21    loans  or  grants from appropriations from the Build Illinois
22    Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
23    Illinois'  Future, and the Public Infrastructure Construction
24    Loan Fund to  local  governments  to  provide  or  improve  a
25    community's  public  infrastructure so as to create or retain
26    private sector  jobs  pursuant  to  the  provisions  of  this
27    Article;
28        (b)  provide     affordable     financing    of    public
29    infrastructure loans and grants to, or on  behalf  of,  local
30    governments,  local  public entities, medical facilities, and
31    public health clinics from  appropriations  from  the  Public
32    Infrastructure  Construction  Loan  Fund  for  the purpose of
33    assisting with the financing, or application  and  access  to
 
SB1075 Enrolled            -146-     LRB093 08352 JAM 08571 b
 1    financing,  of  a community's public infrastructure necessary
 2    to health, safety, and economic development;
 3        (c)  enter into agreements, accept funds or  grants,  and
 4    engage   in   cooperation   with   agencies  of  the  federal
 5    government, or state or local governments to  carry  out  the
 6    purposes  of  this  Article,  and  to  use funds appropriated
 7    pursuant  to  this  Article   to   participate   in   federal
 8    infrastructure  loan  and  grant programs upon such terms and
 9    conditions as may be established by the federal government;
10        (d)  establish application, notification,  contract,  and
11    other  procedures, rules, or regulations deemed necessary and
12    appropriate to carry out the provisions of this Article;
13        (e)  coordinate  assistance  under  this   program   with
14    activities  of  the Illinois Development Finance Authority in
15    order to maximize the effectiveness and efficiency  of  State
16    development programs;
17        (f)  coordinate assistance under the Affordable Financing
18    of  Public  Infrastructure  Loan  and  Grant Program with the
19    activities of the  Illinois  Development  Finance  Authority,
20    Illinois   Rural   Bond   Bank,   Illinois  Farm  Development
21    Authority, Illinois Housing Development  Authority,  Illinois
22    Environmental  Protection Agency, and other federal and State
23    programs  and  entities  providing  financing  assistance  to
24    communities  for  public   health,   safety,   and   economic
25    development infrastructure;
26        (f-5)  provide staff, administration, and related support
27    required to manage the programs authorized under this Article
28    and pay for the staffing, administration, and related support
29    from  the  Public  Infrastructure Construction Loan Revolving
30    Fund;
31        (g)  exercise such  other  powers  as  are  necessary  or
32    incidental to the foregoing.
33    (Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)
 
SB1075 Enrolled            -147-     LRB093 08352 JAM 08571 b
 1        Section  890-11.  The Illinois Pension Code is amended by
 2    changing Sections 14-103.04 and 14-104.11 as follows:

 3        (40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
 4        Sec.   14-103.04.    Department.     "Department":    Any
 5    department,  institution,  board, commission, officer, court,
 6    or any agency of the State having power to  certify  payrolls
 7    to  the  State  Comptroller authorizing payments of salary or
 8    wages against State appropriations, or  against  trust  funds
 9    held   by  the  State  Treasurer,  except  those  departments
10    included under the term "employer" in the State  Universities
11    Retirement   System.    "Department"  includes  the  Illinois
12    Development Finance Authority.   "Department"  also  includes
13    the  Illinois  Comprehensive  Health  Insurance Board and the
14    Illinois Rural Bond Bank.
15    (Source: P.A. 90-511, eff. 8-22-97.)

16        (40 ILCS 5/14-104.11)
17        Sec. 14-104.11. Illinois Development  Finance  Authority.
18    An  employee  may  establish  creditable  service for periods
19    prior to the date upon which the Illinois Development Finance
20    Authority first becomes a department (as defined  in  Section
21    14-103.04)  during  which  he  or  she  was  employed  by the
22    Illinois  Development  Finance  Authority  or  the   Illinois
23    Industrial  Development Authority, by applying in writing and
24    paying  to  the  System  an  amount  equal  to  (i)  employee
25    contributions for  the  period  for  which  credit  is  being
26    established,  based  upon the employee's compensation and the
27    applicable contribution rate in effect on the date he or  she
28    last  became a member of the System, plus (ii) the employer's
29    normal cost of the credit established, plus (iii) interest on
30    the amounts in items (i) and (ii) at the  rate  of  2.5%  per
31    year,  compounded  annually, from the date the applicant last
32    became a member of the System to the date of payment.    This
 
SB1075 Enrolled            -148-     LRB093 08352 JAM 08571 b
 1    payment  must  be paid in full before retirement, either in a
 2    lump sum or in installment payments in  accordance  with  the
 3    rules of the Board.
 4    (Source: P.A. 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.)

 5        Section  890-12.  The Local Government Financial Planning
 6    and Supervision Act is amended by changing Sections 4, 5, and
 7    10 as follows:

 8        (50 ILCS 320/4) (from Ch. 85, par. 7204)
 9        Sec. 4.  Petition.
10        (a)  This subsection (a)  applies  through  December  31,
11    1992.  Any  unit  of  local government upon a 2/3 vote of the
12    members of its governing body may petition the  Governor  for
13    the  establishment  of  a  financial planning and supervision
14    commission if  the  governing  body  of  the  unit  of  local
15    government  determines that a fiscal emergency, as defined in
16    Section 3, exists or will exist within 60 days. A copy of the
17    petition shall be filed with the Illinois Development Finance
18    Authority requesting  the  assistance  of  the  Authority  in
19    conducting an analysis of the financial condition of the unit
20    of local government.  A petition shall include the conditions
21    of  fiscal  emergency,  a  list  of  all amounts and types of
22    indebtedness or claims known to the unit of local government,
23    and which creditors are subject to  the  stay  provisions  of
24    Section 7 of this Act.
25        (b)  This  subsection (b) applies on and after January 1,
26    1993. Any unit of local government upon a  2/3  vote  of  the
27    members  of  its governing body may petition the Governor for
28    the establishment of a  financial  planning  and  supervision
29    commission  if  the  governing  body  of  the  unit  of local
30    government determines that a fiscal emergency, as defined  in
31    Section  3,  exists or will exist within 60 days.  A petition
32    shall include the conditions of fiscal emergency and  a  list
 
SB1075 Enrolled            -149-     LRB093 08352 JAM 08571 b
 1    of  all creditors of the unit of local government, which list
 2    shall indicate the names, addresses,  amounts  and  types  of
 3    indebtedness  or  claims of such creditors, and which of such
 4    creditors are subject to the stay provisions of Section 7  of
 5    this Act.
 6    (Source: P.A. 86-1211; 87-853.)

 7        (50 ILCS 320/5) (from Ch. 85, par. 7205)
 8        Sec. 5.  Establishment of commission.
 9        (a)  This  subsection  (a)  applies  through December 31,
10    1992.
11        (1)  Upon receipt of a petition for  establishment  of  a
12    financial  planning  and supervision commission, the Governor
13    may direct the establishment of  such  a  commission  if  the
14    Governor determines that a fiscal emergency exists.
15        (2)  Prior  to  making  such  determination, the Governor
16    shall give reasonable notice and opportunity for a hearing to
17    all creditors of the petitioning  unit  of  local  government
18    who  are  subject to the stay provisions of Section 7 of this
19    Act. The determination shall be entered not less than 60 days
20    after the filing of the petition.  A determination of  fiscal
21    emergency  by  the  Governor  shall be a final administrative
22    decision subject to  the  provisions  of  the  Administrative
23    Review Law.  The court on such review may grant exceptions to
24    the  stay  provisions  of  Section  7 of this Act as adequate
25    protection of creditors' interests  or  equity  may  require.
26    The  commission  shall convene within 30 days of the entry by
27    the Governor of  his  or  her  determination  of  the  fiscal
28    emergency.
29        (3)(A)  The Commission shall consist of 7 Directors.
30             (B)  One  Director  shall  be appointed by the chief
31        executive officer of the unit of local government.
32             (C)  One Director shall be appointed by the majority
33        vote  of  the  governing  body  of  the  unit  of   local
 
SB1075 Enrolled            -150-     LRB093 08352 JAM 08571 b
 1        government.
 2             (D)  Five   Directors  shall  be  appointed  by  the
 3        Governor, with the advice and consent of the Senate.  The
 4        Governor  shall  select  one of the Directors to serve as
 5        Chairperson during the term of his  or  her  appointment.
 6        Of  the  initial  Directors  so  appointed,  3  shall  be
 7        appointed  to  serve  for terms expiring 3 years from the
 8        date of their appointment, and 2 shall  be  appointed  to
 9        serve  for  terms expiring 2 years from the date of their
10        appointment.  Thereafter, each Director appointed by  the
11        Governor  shall be appointed to hold office for a term of
12        3 years and until his or her successor has been appointed
13        as provided in Section 8-12-7 of the  Illinois  Municipal
14        Code.   Directors  shall  be  eligible for reappointment.
15        Any  vacancy  which  shall  arise  shall  be  filled   by
16        appointment  by the Governor, with the advice and consent
17        of the  Senate,  for  the  unexpired  term  and  until  a
18        successor  Director  has  been  appointed  as provided in
19        Section 8-12-7 of the Illinois Municipal Code. A  vacancy
20        shall  occur  upon  resignation,  death,  conviction of a
21        felony, or removal from office of a Director. A  Director
22        may  be removed for incompetency, malfeasance, or neglect
23        of duty at the instance of the Governor.  If  the  Senate
24        is  not  in  session  or  is  in recess when appointments
25        subject to its confirmation are made, the Governor  shall
26        make  temporary  appointments  which  shall be subject to
27        subsequent Senate approval.
28        (b)  This subsection (b) applies on and after January  1,
29    1993.
30        (1)  Upon  receipt  of  a petition for establishment of a
31    financial planning and supervision commission,  the  Governor
32    may  direct  the  establishment  of  such a commission if the
33    Governor determines that a fiscal emergency exists.
34        (2)  Prior to making  such  determination,  the  Governor
 
SB1075 Enrolled            -151-     LRB093 08352 JAM 08571 b
 1    shall give reasonable notice and opportunity for a hearing to
 2    all  creditors  of  the petitioning unit of local government.
 3    The determination shall be entered  not  less  than  60  days
 4    after  the filing of the petition.  A determination of fiscal
 5    emergency by the Governor shall  be  a  final  administrative
 6    decision  subject  to  the  provisions  of the Administrative
 7    Review Law.  The court on such review may grant exceptions to
 8    the stay provisions of Section 7  of  this  Act  as  adequate
 9    protection  of  creditors'  interests  or equity may require.
10    The commission shall convene within 30 days of the  entry  by
11    the  Governor  of  his  or  her  determination  of the fiscal
12    emergency.
13        (3) A commission shall consist of 11 members:
14             (A)  Eight members as  follows:  the  Governor,  the
15        State  Comptroller, the Director of Revenue, the Director
16        of the Bureau of the Budget,  the  State  Treasurer,  the
17        Executive  Director  of  the Illinois Development Finance
18        Authority, the Director of the Department of Commerce and
19        Community  Affairs  and  the  presiding  officer  of  the
20        governing body of the unit of local government, or  their
21        respective designees.  A designee, when present, shall be
22        counted in determining whether a quorum is present at any
23        meeting of the commission and may vote and participate in
24        all  proceedings  and  actions  of  the  commission.  The
25        designations shall be in writing, executed by the  member
26        making  the  designation, and filed with the secretary of
27        the commission.  The designations  may  be  changed  from
28        time  to  time  in  like  manner, but due regard shall be
29        given to the need  for  continuity.  The  Governor  shall
30        appoint  a  chairman  of  the commission from among the 8
31        members described in this subparagraph (A).
32             (B)  Three  members  nominated  and   appointed   as
33        follows:  the  governing body and chief governing officer
34        of the unit of local government shall submit  in  writing
 
SB1075 Enrolled            -152-     LRB093 08352 JAM 08571 b
 1        to  the  chairman  of  the commission the nomination of 5
 2        persons agreed to by them and meeting the  qualifications
 3        set  forth  in this Act.  Nominations shall accompany the
 4        petition for establishment of the financial planning  and
 5        supervision commission.  If the chairman is not satisfied
 6        that  at  least  3 of the nominees are well qualified, he
 7        shall notify the governing body  of  the  unit  of  local
 8        government   to   submit   in  writing,  within  5  days,
 9        additional nominees, not exceeding 3.  The chairman shall
10        appoint 3 members from all the nominees so submitted or a
11        lesser number that he considers well qualified.  Each  of
12        the  3  appointed  members  shall serve for a term of one
13        year, subject to removal by the chairman for misfeasance,
14        nonfeasance  or  malfeasance  in  office.      Upon   the
15        expiration  of the term of an appointed member, or in the
16        event of the death, resignation, incapacity  or  removal,
17        or  other  ineligibility to serve of an appointed member,
18        the chairman shall appoint a successor  pursuant  to  the
19        process of original appointment.
20             Each   of  the  3  appointed  members  shall  be  an
21        individual:
22                  (i)  Who  has  knowledge  and   experience   in
23             financial matters, financial management, or business
24             organization  or operations, including experience in
25             the private sector  in  management  of  business  or
26             financial  enterprise,  or in management consulting,
27             public accounting, or other  professional  activity;
28             and
29                  (ii) Who has not at any time during the 2 years
30             preceding  the  date of appointment held any elected
31             public office.
32             The governing body and chief  governing  officer  of
33        the  unit  of  local  government, to the extent possible,
34        shall  nominate  members  whose  residency,  office,   or
 
SB1075 Enrolled            -153-     LRB093 08352 JAM 08571 b
 1        principal  place  of professional or business activity is
 2        situated within the unit of local government.
 3             An appointed member  of  the  commission  shall  not
 4        become  a  candidate  for  elected  public  office  while
 5        serving as a member of the commission.
 6        (4)  Immediately  after  his appointment of the initial 3
 7    appointed members of the commission, the chairman shall  call
 8    the  first  meeting of the commission and shall cause written
 9    notice of the time, date and place of the first meeting to be
10    given to each member of the commission at least 48  hours  in
11    advance of the meeting.
12        (5)  The  commission  members  shall  select one of their
13    number to serve as treasurer of the commission.
14    (Source: P.A. 86-1211; 87-853.)

15        (50 ILCS 320/10) (from Ch. 85, par. 7210)
16        Sec. 10.  State aid.
17        (a)  This subsection (a)  applies  through  December  31,
18    1992.
19             (1)  During  the period of time that a unit of local
20        government is covered by this Act, the State shall not be
21        required to distribute to the unit  of  local  government
22        any  monies  to  which the unit of local government might
23        otherwise be  entitled  except  in  accordance  with  the
24        direction of the commission.
25             (2)  Any  State  assistance in the form of a loan or
26        grant from appropriated funds shall  be  subject  to  the
27        expenditure control of the commission.
28             (3)  The   commission   may   request  the  Illinois
29        Development Finance Authority to issue bonds,  notes,  or
30        other  evidences  of  indebtedness, the proceeds of which
31        are to be used  to  make  loans  to  the  unit  of  local
32        government  for  purposes  of enabling that unit of local
33        government to restructure its current indebtedness and to
 
SB1075 Enrolled            -154-     LRB093 08352 JAM 08571 b
 1        provide and pay for  its  essential  municipal  services.
 2        Such   request  may  not  precede  the  adoption  of  the
 3        financial plan required by Section  8  of  this  Act  and
 4        shall  be  in  accordance  with the provisions of Section
 5        7.88 of the Illinois Development Finance Authority Act.
 6        (b)  This subsection (b) applies on and after January  1,
 7    1993.   During  the  period  of  time  that  a  unit of local
 8    government is covered by this Act, the  State  shall  not  be
 9    required  to  distribute  to the unit of local government any
10    monies to which the unit of local government might  otherwise
11    be entitled.
12    (Source: P.A. 86-1211; 87-853.)

13        Section 890-13.  The Counties Code is amended by changing
14    Section 5-1050 as follows:

15        (55 ILCS 5/5-1050) (from Ch. 34, par. 5-1050)
16        Sec.  5-1050.  Acquisition  and  improvement  of land for
17    industrial or commercial purposes. For  the  public  purposes
18    set  forth in the Illinois Development Finance Authority Act,
19    a county board may (1) acquire, singly or jointly with  other
20    counties  or  municipalities, by gift, purchase or otherwise,
21    but not by condemnation,  land,  or  any  interest  in  land,
22    whether  located  within  or  without its county limits, and,
23    singly  or  jointly,  to  improve  or  to  arrange  for   the
24    improvement   of  such  land  for  industrial  or  commercial
25    purposes and to donate and convey such land, or  interest  in
26    land, so acquired and so improved to the Illinois Development
27    Finance  Authority;  and  (2)  donate  county  funds  to such
28    Authority.
29    (Source: P.A. 86-962.)

30        Section 890-14.  The Township Code is amended by changing
31    Section 85-10 as follows:
 
SB1075 Enrolled            -155-     LRB093 08352 JAM 08571 b
 1        (60 ILCS 1/85-10)
 2        Sec. 85-10.  Township corporate powers.
 3        (a)  Every  township  has  the  corporate   capacity   to
 4    exercise  the  powers  granted to it, or necessarily implied,
 5    and no others. Every township has  the  powers  specified  in
 6    this Section.
 7        (b)  A township may sue and be sued.
 8        (c)  A  township  may  acquire  (by  purchase,  gift,  or
 9    legacy)  and  hold  property, both real and personal, for the
10    use of its inhabitants and may sell and convey that property.
11    A township may purchase any real estate or personal  property
12    for  public purposes under contracts providing for payment in
13    installments over a period of time of not more than 20  years
14    in  the case of real estate and not more than 10 years in the
15    case  of  personal  property.  A  township  may  finance  the
16    purchase of any real estate or personal property  for  public
17    purpose  under  finance  contracts  providing  for payment in
18    installments over a period of time of not more than 20  years
19    in  the case of real estate and not more than 10 years in the
20    case  of  personal  property.  A  township  may  construct  a
21    township hall under contracts providing for  payment  over  a
22    period  of time of not more than 5 years. The interest on the
23    unpaid balance shall not exceed that permitted  in  the  Bond
24    Authorization Act.
25        (d)  A  township  may make all contracts necessary in the
26    exercise of the township's powers.
27        (e)  A  township  may  expend   or   contract   for   the
28    expenditure  of  any  federal  funds  made  available  to the
29    township by law for any purpose for which taxes imposed  upon
30    township  property  or  property  within  the township may be
31    expended.
32        (f)  A township may acquire (singly  or  jointly  with  a
33    municipality  or municipalities) land or any interest in land
34    located within its township limits.  The township may acquire
 
SB1075 Enrolled            -156-     LRB093 08352 JAM 08571 b
 1    the land or interest by gift, purchase, or otherwise, but not
 2    by condemnation.  A township may (singly or jointly)  improve
 3    or arrange for the improvement of the land for industrial  or
 4    commercial  purposes  and  may  donate and convey the land or
 5    interest in land so acquired and so improved to the  Illinois
 6    Development Finance Authority.
 7        (g)  (Blank)
 8        (h)  It  is  the  policy  of  this  State that all powers
 9    granted either expressly or by necessary implication by  this
10    Code,   any   other   Illinois   statute,   or  the  Illinois
11    Constitution to townships may be exercised by those townships
12    notwithstanding effects on competition. It is  the  intention
13    of  the General Assembly that the "State action exemption" to
14    the  application  of  federal  antitrust  statutes  be  fully
15    available to townships to the  extent  their  activities  are
16    authorized by law as stated in this Code.
17        (i)  A  township  may  receive  funds  under  the federal
18    Housing and Community Development Act of 1974 and may  expend
19    or  contract  for  the  expenditure  of those funds and other
20    township funds for the activities specified in Section 105 of
21    that Act.  The powers granted under this subsection  (i)  are
22    in  addition  to powers otherwise possessed by a township and
23    shall not be construed as a limitation of those other powers.
24        (j)  A  township  may  establish  reasonable   fees   for
25    recreation   and  instructional  programs  sponsored  by  the
26    township.
27    (Source: P.A. 88-62; incorporates 88-356 and 88-360;  88-670,
28    eff. 12-2-94; 89-331, eff. 8-17-95.)

29        Section  890-15.   The Illinois Municipal Code is amended
30    by  changing  Sections  8-12-2,  8-12-3,   8-12-6,   8-12-19,
31    8-12-21,  8-12-22, 11-74.1-1, 11-113.1-1, 11-119-2, 11-129-3,
32    11-139-7, and 11-141-5 as follows:
 
SB1075 Enrolled            -157-     LRB093 08352 JAM 08571 b
 1        (65 ILCS 5/8-12-2) (from Ch. 24, par. 8-12-2)
 2        Sec. 8-12-2. (a) Pursuant to the authority of the General
 3    Assembly  to  provide  for  the  public  health,  safety  and
 4    welfare, the General Assembly hereby finds and declares  that
 5    it  is the public policy and a public purpose of the State to
 6    offer assistance to a financially distressed city so that  it
 7    may  provide  for  the  health,  safety  and  welfare  of its
 8    citizens, pay when due principal and  interest  on  its  debt
 9    obligations,  meet  financial  obligations  to its employees,
10    vendors and  suppliers,  and  provide  for  proper  financial
11    accounting   procedures,  budgeting  and taxing practices, as
12    well as strengthen the human and economic development of  the
13    city.
14        (b)  It  is  the  purpose  of  this Division to provide a
15    secure financial basis  for  the  continued  operation  of  a
16    financially  distressed  city.   The intention of the General
17    Assembly, in enacting this legislation is to establish sound,
18    efficient and generally accepted  accounting,  budgeting  and
19    taxing    procedures   and  practices  within  a  financially
20    distressed city, to provide powers to  a  financial  advisory
21    authority  established for a financially distressed city, and
22    to impose restrictions upon a financially distressed city  in
23    order to assist that city in assuring its financial integrity
24    while  leaving  municipal  services  policies  to  the  city,
25    consistent  with  the  requirements for satisfying the public
26    policy and purposes herein set forth.
27        (c)  It also is the purpose of this Division to authorize
28    a  city  which  has  been  certified  and  designated  as   a
29    financially  distressed city under the procedure set forth in
30    Section 8-12-4, and which has by ordinance requested  that  a
31    financial  advisory  authority  be appointed for the city and
32    that  the  city  receive  assistance  as  provided  in   this
33    Division,  and  which  has  filed  certified  copies  of that
34    ordinance in the manner provided by Section 8-12-4, to  enter
 
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 1    into  such  agreements as are necessary to receive assistance
 2    as provided in this Division and in applicable provisions  of
 3    the Illinois Development Finance Authority Act.
 4    (Source: P.A. 86-1211.)

 5        (65 ILCS 5/8-12-3) (from Ch. 24, par. 8-12-3)
 6        Sec. 8-12-3. As used in this Division:
 7        (1)  "Authority"   means   the   "(Name   of  Financially
 8    Distressed City) Financial Advisory Authority".
 9        (2)  "Financially distressed city" means any municipality
10    which is a home rule unit and which (i) is certified  by  the
11    Department  of Revenue as being in the highest 5% of all home
12    rule municipalities in terms of the aggregate of the rate per
13    cent of all taxes levied pursuant  to  statute  or  ordinance
14    upon all taxable property of the municipality and as being in
15    the lowest 5% of all home rule municipalities in terms of per
16    capita  tax yield, and (ii) is designated by joint resolution
17    of the General Assembly as a financially distressed city.
18        (3)  "Home rule municipality" means a municipality  which
19    is  a  home rule unit as provided in Section 6 of Article VII
20    of the Illinois Constitution.
21        (4)  "Budget" means an annual appropriation ordinance  or
22    annual  budget    as described in Division 2 of Article 8, as
23    from time to time in effect  in  the  financially  distressed
24    city.
25        (5)  "Chairperson" means the chairperson of the Authority
26    appointed pursuant to Section 8-12-7.
27        (6)  "Financial  Plan"  means  the financially distressed
28    city's  financial  plan  as  developed  pursuant  to  Section
29    8-12-15, as from time to time in effect.
30        (7)  "Fiscal  year"  means  the  fiscal   year   of   the
31    financially distressed city.
32        (8)  "Obligations"  means  bonds, notes or other evidence
33    of indebtedness issued by the  Illinois  Development  Finance
 
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 1    Authority  in  connection with the provision of financial aid
 2    to a financially distressed city pursuant  to  this  Division
 3    and applicable provisions of the Illinois Development Finance
 4    Authority Act.
 5    (Source: P.A. 86-1211.)

 6        (65 ILCS 5/8-12-6) (from Ch. 24, par. 8-12-6)
 7        Sec. 8-12-6. Purposes and powers.
 8        (a)  The  purposes of the Authority shall be to provide a
 9    secure financial basis for and to  furnish  assistance  to  a
10    financially   distressed  city  to  which  this  Division  is
11    applicable as provided in Section 8-12-4, and to request  the
12    Illinois   Development   Finance   Authority   to  issue  its
13    Obligations on behalf of and thereby provide financial aid to
14    the city in accordance  with  applicable  provisions  of  the
15    Illinois  Development Finance Authority Act, so that the city
16    can   provide   basic   municipal   services    within    its
17    jurisdictional  limits,  while permitting the distressed city
18    to meet its obligations to its creditors and the  holders  of
19    its notes and bonds.
20        (b)  Except  as  expressly  limited by this Division, the
21    Authority  shall  have  all  powers  necessary  to  meet  its
22    responsibilities and  to  carry  out  its  purposes  and  the
23    purposes of this Division, including, but not limited to, the
24    following powers:
25             (1)  To  provide  for  its organization and internal
26        management, and to make rules and  regulations  governing
27        the use of its property and facilities.
28             (2)  To   make   and   execute   contracts,  leases,
29        subleases  and  all  other  instruments   or   agreements
30        necessary  or  convenient  for the exercise of the powers
31        and functions granted by this Division.
32             (3)  To  approve  all  loans,   grants,   or   other
33        financial aid from any State agency.
 
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 1             (4)  To  appoint  officers, agents, and employees of
 2        the Authority, define their duties and qualifications and
 3        fix their compensation and employee benefits.
 4             (5)  To  engage  the  services  of  consultants  for
 5        rendering  professional  and  technical  assistance   and
 6        advice on matters within the Authority's power.
 7             (6)  To pay the expenses of its operations.
 8             (7)  To  determine, in its discretion but consistent
 9        with the requirements of this  Division,  the  terms  and
10        conditions  of  any  loans it may make to the financially
11        distressed city.
12        (c)  Any loan repayments received by the  Authority  from
13    the  distressed city may be deposited by the Authority into a
14    revolving fund under the control of the Authority.  Money  in
15    the  revolving  fund  may be used by the Authority to support
16    activities leading  to  a  restructuring  of  the  distressed
17    city's  debt  and may be pledged by the Authority as security
18    for any new debt incurred by the  distressed  city  with  the
19    approval of the Authority.
20        (d)  From any funds appropriated to the Authority for the
21    purpose  of making a loan to a distressed city, the Authority
22    may expend not more than $250,000 for  the  expenses  of  its
23    operations  in  the fiscal year in which the appropriation is
24    made.
25    (Source: P.A. 88-664, eff. 9-16-94.)

26        (65 ILCS 5/8-12-19) (from Ch. 24, par. 8-12-19)
27        Sec. 8-12-19.  The Authority shall appoint and shall have
28    the authority to remove a financial management  officer.  The
29    financial  management  officer  shall have the responsibility
30    for advising on the preparation of the Budget  and  Financial
31    Plan  of  the  financially distressed city and for monitoring
32    expenditures of the city.  The financial  management  officer
33    shall  be  the authorized signatory for all expenditures made
 
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 1    from the proceeds of any State loans provided for the benefit
 2    of the city pursuant to this Division or  any  other  law  of
 3    this  State, and for all expenditures made from financial aid
 4    provided for the benefit of the city from Obligations  issued
 5    by  the  Illinois  Development  Finance  Authority  for  such
 6    purposes  in  accordance  with  applicable  provisions of the
 7    Illinois Development Finance  Authority  Act.  The  financial
 8    management  officer  shall be an employee of and shall report
 9    to the Authority, may be granted authority by  the  Authority
10    to  hire  a specific number of employees to assist in meeting
11    responsibilities, and shall have access to all financial data
12    and records of the city which he or she deems  necessary  for
13    the  proper  and efficient exercise of such responsibilities.
14    Neither the Authority or  the  financial  management  officer
15    shall  have  any  authority  to  hire,  fire  or appoint city
16    employees or to manage the day-to-day operations of the city.
17    (Source: P.A. 86-1211.)

18        (65 ILCS 5/8-12-21) (from Ch. 24, par. 8-12-21)
19        Sec. 8-12-21.  The Authority in its sole  discretion  may
20    intercept  any  payments  that  the city from time to time is
21    entitled to receive from any funds then or thereafter held by
22    the State Treasurer to the credit of the city or otherwise in
23    the custody of the State Treasurer to the credit of the city,
24    whether in  or  outside  of  the  State  Treasury,  upon  the
25    occurrence of any of the following:
26             (1)  The   financially   distressed  city's  initial
27        Financial  Plan  and  revised  Budget  required   to   be
28        submitted  to the Authority with respect to the remaining
29        portion of what is the city's current fiscal year at  the
30        time  this  Division first becomes applicable to the city
31        as provided in Section 8-12-4 are  not  approved  by  the
32        Authority  within  60  days  of their submission, and the
33        Authority has theretofore given written warning notice to
 
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 1        the corporate authorities of the city, on  the  45th  day
 2        after such initial Financial Plan and revised Budget were
 3        submitted,  that  the  same have not yet been approved by
 4        the Authority; or
 5             (2)  Any Financial Plan or Budget for any subsequent
 6        fiscal year is not  approved  by  the  Authority  by  the
 7        commencement  of  the fiscal year to which such Financial
 8        Plan or Budget relates, and the Authority has theretofore
 9        given written warning notice to the corporate authorities
10        of the city, on the 15th day prior to the commencement of
11        that fiscal year, that the Financial Plan or  Budget  for
12        such  fiscal  year  has  not  yet  been  approved  by the
13        Authority; or
14             (3)  The  financially  distressed  city   materially
15        violates   the  provisions  of  this  Division,  and  the
16        Authority -- at least 15 days  prior  to  initiating  any
17        action to intercept any payments pursuant to this Section
18        --  has  given  the  corporate  authorities  of  the city
19        written notice of  the  material  violation  and  of  the
20        Authority's  intention  to intercept payments pursuant to
21        this Section upon the expiration of that  15  day  notice
22        period  unless  the  city  satisfies the Authority within
23        that 15 day period that the material violation  cited  by
24        the  Authority  has  been  corrected;  provided  that the
25        Authority shall not be required to give any notice to the
26        city or its corporate  authorities  prior  to  initiating
27        action  to intercept payments pursuant to this Section if
28        such payments are to be intercepted because of the city's
29        failure to pay when due all amounts then  due  and  owing
30        and required to be paid by the city on Obligations issued
31        by   the   Illinois   Development  Finance  Authority  in
32        connection with the provision of  financial  aid  to  the
33        city  pursuant to this Division and applicable provisions
34        of the Illinois Development Finance Authority Act.
 
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 1        The intercept shall be made pursuant  to  written  notice
 2    given  by  the  Authority  to the State Comptroller and State
 3    Treasurer, setting forth the amount of the  intercept,  which
 4    may  be an aggregate amount not exceeding the sum of the full
 5    amount of  any  outstanding  State  loans  provided  for  the
 6    benefit  of  the  city pursuant to this Division or any other
 7    law of this State, plus the full amount  of  all  outstanding
 8    Obligations   issued  by  the  Illinois  Development  Finance
 9    Authority on the  financially  distressed  city's  behalf  in
10    accordance   with   applicable  provisions  of  the  Illinois
11    Development Finance Authority Act.  The State Comptroller and
12    State Treasurer shall pay to the Authority, from  such  funds
13    as  from  time  to  time  are legally available therefor, the
14    aggregate amount  of  the  intercept,  unless  the  Authority
15    sooner  notifies the State Comptroller and State Treasurer in
16    writing that no further payments that the city is entitled to
17    receive shall be intercepted under  the  provisions  of  this
18    Section.
19    (Source: P.A. 86-1211.)

20        (65 ILCS 5/8-12-22) (from Ch. 24, par. 8-12-22)
21        Sec.  8-12-22.   (a) After the Authority has certified to
22    the  Governor  that  the  financially  distressed  city   has
23    completed 10 successive years of balanced budgets:
24             (1)  The  powers  and  responsibilities  granted  or
25        imposed upon the Authority and the financially distressed
26        city  under  Section 8-12-13 and Sections 8-12-15 through
27        8-12-21 shall  not  be  exercised,  except  as  otherwise
28        provided under subsection (b) of this Section.
29             (2)  The   provisions   of   Section  8-12-14  shall
30        continue in  full  force  and  effect.   The  financially
31        distressed  city  shall  file with the Authority and with
32        the Illinois Development  Finance  Authority,  not  later
33        than  15  days  prior  to  the  commencement of the first
 
SB1075 Enrolled            -164-     LRB093 08352 JAM 08571 b
 1        fiscal  year  with  respect  to  which  the  powers   and
 2        responsibilities granted or imposed under Section 8-12-13
 3        and  Sections  8-12-15  through  8-12-21  are  not  to be
 4        exercised, and not  later  than  15  days  prior  to  the
 5        commencement  of  each fiscal year thereafter, a balanced
 6        Budget as adopted by the financially distressed city  for
 7        such fiscal year.  In addition, for each fiscal year with
 8        respect  to which the powers and responsibilities granted
 9        or imposed under Section  8-12-13  and  Sections  8-12-15
10        through  8-12-21 are not to be exercised, the financially
11        distressed city shall file with the  Authority  and  with
12        the  Illinois  Development  Finance Authority a certified
13        copy of the same audit  report  and  supplemental  report
14        which  are  required to be made and filed for such fiscal
15        year by the city under the  Illinois  Municipal  Auditing
16        Law,  the  filing  with  the  Authority  and the Illinois
17        Development Finance Authority to be made within the  time
18        provided   for  the  filing  of  such  audit  report  and
19        supplemental report  with  the  State  Comptroller  under
20        Section 8-8-4.
21        (b)  The  Authority  and the Illinois Development Finance
22    Authority  shall  review  each  Budget,  audit   report   and
23    supplemental  report filed with them as provided in paragraph
24    (2)  of  subsection  (a).   In  the  event  the   financially
25    distressed city fails to file any Budget or certified copy of
26    an  audit  report  or  supplemental  report  as  provided  in
27    paragraph (2) of subsection (a), or in the event the Illinois
28    Development  Finance  Authority,  after consultation with the
29    Authority,  determines  that  the  Budget  adopted   by   the
30    financially   distressed   city  and  filed  as  provided  in
31    paragraph (2) of subsection (a) is not balanced  as  required
32    under  Section  8-12-14,  the  Illinois  Development  Finance
33    Authority  shall  certify such failure to file, or failure to
34    adopt  a  Budget  which  is  balanced  as  required,  to  the
 
SB1075 Enrolled            -165-     LRB093 08352 JAM 08571 b
 1    Governor;  and  concurrent  with  that   certification,   the
 2    Authority   established   under   Section   8-12-5   and  the
 3    financially distressed city shall  resume  the  exercise  and
 4    performance  of  their respective powers and responsibilities
 5    pursuant to each Section of this Division.
 6        (c)  When  the  Illinois  Development  Finance  Authority
 7    determines that all of its Obligations have been  fully  paid
 8    and  discharged  or  otherwise provided for, it shall certify
 9    that fact to the  Governor;  and  the  Authority  established
10    under  Section  8-12-5  shall  be abolished 30 days after the
11    date of that certification.  Upon abolition of the  Authority
12    as  provided  in this subsection, this Division shall have no
13    further force or effect upon the financially distressed city.
14    (Source: P.A. 86-1211.)

15        (65 ILCS 5/11-74.1-1) (from Ch. 24, par. 11-74.1-1)
16        Sec. 11-74.1-1. For the public purposes set forth in  the
17    Illinois  Development  Finance  Authority  Act, the corporate
18    authorities of each municipality may (1) acquire,  singly  or
19    jointly  with  other  municipalities  or  counties,  by gift,
20    purchase or otherwise, but not  by  condemnation,  except  in
21    furtherance  of  Sections  7.40  through 7.48 of the Illinois
22    Development Finance Authority Act, land, or any  interest  in
23    land, whether located within or without its corporate limits,
24    and,  singly  or  jointly,  may  improve  or  arrange for the
25    improvement  of  such  land  for  industrial  or   commercial
26    purposes  and may donate and convey such land, or interest in
27    land,  so  acquired  and  so  improved,   to   the   Illinois
28    Development Finance Authority; and (2) donate corporate funds
29    to such Authority.
30    (Source: P.A. 83-669.)

31        (65 ILCS 5/11-113.1-1) (from Ch. 24, par. 11-113.1-1)
32        Sec. 11-113.1-1.  A non-home rule municipality located at
 
SB1075 Enrolled            -166-     LRB093 08352 JAM 08571 b
 1    least  partly  in  a  county  which is preparing a stormwater
 2    management plan in accordance  with  Section  5-1062  of  the
 3    Counties  Code   may  levy  a  tax  upon all taxable property
 4    within its corporate limits, at a rate not to exceed 0.06% if
 5    the municipality owns and  operates  a  wastewater  treatment
 6    plant,  and  at a rate not to exceed 0.03% if it does not, of
 7    the value, as equalized or  assessed  by  the  Department  of
 8    Revenue, of all taxable property within the municipality, for
 9    the  purposes of implementing the stormwater management plan,
10    improving  storm  sewer  and   combined   sewer   facilities,
11    protecting  sanitary sewage treatment works from the 100-year
12    frequency  flood,  and   acquiring   lands,   buildings   and
13    properties  in  the 100-year floodplain, paying the principal
14    of and interest on any bonds issued pursuant to this  Section
15    for  any  of the foregoing purposes, and paying the principal
16    of, premium, if any, and interest on, and any  fees  relating
17    to,  any  loan  made  to  such  municipality  by the Illinois
18    Development Finance Authority, pursuant to subsection (t)  of
19    Section  7  of the Illinois Development Finance Authority Act
20    for any of the foregoing purposes, or any bond, note or other
21    evidence of  indebtedness  of  such  municipality  issued  in
22    connection  with any such loan. Such tax shall be in addition
23    to all other  taxes  authorized  by  law  to  be  levied  and
24    collected  in  such  municipality and shall be in addition to
25    the maximum tax rate authorized by law for general  municipal
26    purposes.   The  limitations  on  tax  rate  provided in this
27    Section may  be  increased  or  decreased  by  referendum  in
28    accordance  with  the  provisions of Sections 18-120, 18-125,
29    and 18-130 of the Property Tax Code.
30        However, unless the  municipality  is  located  at  least
31    partly   in  a  township  declared  after  July  1,  1986  by
32    presidential declaration to be a disaster area as a result of
33    flooding, the tax authorized by this  Section  shall  not  be
34    levied  until  the  question  of  its  adoption, either for a
 
SB1075 Enrolled            -167-     LRB093 08352 JAM 08571 b
 1    specified period or indefinitely, has been submitted  to  the
 2    electors  thereof  and approved by a majority of those voting
 3    on the question.  This  question  may  be  submitted  at  any
 4    election  held  in  the  municipality after the adoption of a
 5    resolution  by  the  governing  body  of   the   municipality
 6    providing  for the submission of the question to the electors
 7    of the municipality.  The governing body of the  municipality
 8    shall  certify  the  resolution and proposition to the proper
 9    election officials, who shall submit the  proposition  at  an
10    election  in  accordance with the general election law.  If a
11    majority of the votes cast on the question is in favor of the
12    levy of such  tax,  it  may  thereafter  be  levied  in  such
13    municipality  for  the  specified  period or indefinitely, as
14    provided in the proposition. The question  shall  be  put  in
15    substantially the following form:
16    -------------------------------------------------------------
17        Shall an annual tax be levied
18    for stormwater management purposes            YES
19    (for a period of not more than
20    ...... years) at a rate not exceeding      ------------------
21    .....% of the equalized assessed
22    value of the taxable property of              NO
23    (municipality)?
24    -------------------------------------------------------------
25        Any  municipality  in  a  county  which has established a
26    stormwater management planning committee in  accordance  with
27    Section  5-1062 of the Counties Code  is hereby authorized to
28    borrow money and to issue  its  bonds  for  the  purposes  of
29    implementing  the stormwater management plan, improving storm
30    sewer and  combined  sewer  facilities,  protecting  sanitary
31    sewage treatment works from the 100-year frequency flood, and
32    acquiring  lands,  buildings  and  properties in the 100-year
33    floodplain.
34        Any municipality in a  county  which  has  established  a
 
SB1075 Enrolled            -168-     LRB093 08352 JAM 08571 b
 1    stormwater  management  planning committee in accordance with
 2    Section 5-1062  of  the  Counties  Code   is  hereby  further
 3    authorized  to  borrow  money  from  the Illinois Development
 4    Finance Authority for the purpose of financing the protection
 5    of storm sewer outfalls, the construction of  adequate  storm
 6    sewer  outfalls  and  the  provision  for flood protection of
 7    sanitary sewage treatment plants, pursuant to subsection  (t)
 8    of  Section  7  of the Illinois Development Finance Authority
 9    Act, and is hereby authorized to enter into  loan  agreements
10    and  other  documents  with  the Illinois Development Finance
11    Authority and to issue its bonds, notes or other evidences of
12    indebtedness to evidence  its obligation to repay  such  loan
13    to  the  Illinois Development Finance Authority.  Without the
14    submission of the question to the  electors,  notwithstanding
15    any other provision of law to the contrary, such municipality
16    is  hereby  authorized  to  execute  such loan agreements and
17    other documents and to  issue  such  bonds,  notes  or  other
18    evidences  of indebtedness, which loan agreements, documents,
19    bonds, notes or other evidences of indebtedness may bear such
20    date or dates, may bear  interest  at  such  rate  or  rates,
21    payable  at  such  time  or  times, may mature at any time or
22    times not later than 40 years from the date of issuance,  may
23    be  payable  at such place or places, may be payable from any
24    funds of such municipality on  hand  and  lawfully  available
25    therefor,  including  without  limitation  the  taxes  levied
26    pursuant  to this Section or from any other taxes or revenues
27    of  such  municipality  pledged  to  their  payment,  may  be
28    negotiated at such price or prices, may be executed  in  such
29    manner,  may  be subject to redemption prior to maturity, may
30    be in such form, may be secured, and may be subject  to  such
31    other  terms  and  conditions,  all  as  may be provided in a
32    resolution or ordinance authorizing the execution of any such
33    loan agreement or other document  or  the  issuance  of  such
34    bonds, notes or other evidences of indebtedness.
 
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 1    (Source: P.A. 88-670, eff. 12-2-94.)

 2        (65 ILCS 5/11-119-2) (from Ch. 24, par. 11-119-2)
 3        Sec.  11-119-2.  The corporate authorities of any city or
 4    village availing itself of the provisions  of  this  Division
 5    119  shall adopt an ordinance describing in a general way the
 6    improvements or extensions  to  be  made.  It  shall  not  be
 7    necessary   that   the   ordinance   refer   to   plans   and
 8    specifications   nor   that  there  be  on  file  for  public
 9    inspection prior to the adoption of such  ordinance  detailed
10    plans  and specifications of the project. The ordinance shall
11    set out the estimated cost of the improvements or  extensions
12    and  shall fix the amount of bonds proposed to be issued, the
13    maturity, interest rate, and all details in respect  thereof.
14    Such  ordinance,  at  the  option  of  the  municipality, may
15    contain provisions which shall be part of the  contract  with
16    the  holders  of the bonds as to: (1) The registration of the
17    bonds as to principal only,  or  as  to  both  principal  and
18    interest,  and  the interchangeability and exchangeability of
19    the bonds. (2) The redemption of the bonds prior to  maturity
20    and  the  price, either at par or at a premium, at which they
21    are redeemable. (3) The setting aside of reserves or  sinking
22    funds,   and  the  regulation  or  disposition  thereof.  (4)
23    Limitations upon the issuance  of  additional  bonds  payable
24    from  the  revenues  of the system, or upon the rights of the
25    holders of these additional bonds. (5) Other agreements  with
26    the  holders  of  the  bonds,  or  covenants  or restrictions
27    necessary or desirable to safeguard the  interests  of  these
28    holders. After the ordinance has been adopted and approved it
29    shall be published once in a newspaper published and having a
30    general  circulation  in  the municipality, or if there is no
31    such newspaper, copies of the ordinance shall be posted in at
32    least 4 public places within the municipality. The  ordinance
33    shall  be  in effect after the expiration of 10 days from the
 
SB1075 Enrolled            -170-     LRB093 08352 JAM 08571 b
 1    date of this publication.
 2        Bonds issued under this Division  119  shall  be  payable
 3    solely from the revenue derived from the electric light plant
 4    and  system, or the gas plant and system, as the case may be,
 5    and  these  bonds  shall  not  in  any  event  constitute  an
 6    indebtedness of the municipality within the  meaning  of  any
 7    constitutional  or statutory limitation; provided, that bonds
 8    issued under this Division 119 may also be payable from funds
 9    pledged by the municipality issuing such  bonds  pursuant  to
10    Section  7.59  of  the Illinois Development Finance Authority
11    Act, and, notwithstanding such pledge of  such  funds,  shall
12    not   in   any   event  constitute  an  indebtedness  of  the
13    municipality within the  meaning  of  any  constitutional  or
14    statutory  limitation. It shall be plainly stated on the face
15    of each bond that it has been issued under the provisions  of
16    this  Division  119  and  that  it  does  not  constitute  an
17    indebtedness of the municipality within any constitutional or
18    statutory limitation.
19    (Source: P.A. 85-659.)

20        (65 ILCS 5/11-129-3) (from Ch. 24, par. 11-129-3)
21        Sec.   11-129-3.   The   corporate   authorities  of  any
22    municipality  availing  itself  of  the  provisions  of  this
23    Division 129 shall adopt an ordinance describing in a general
24    way the contemplated project. If it is intended  to  purchase
25    an  existing waterworks or water supply system, the ordinance
26    shall describe in a general way the system to  be  purchased.
27    If  it  is  intended  to  build  a waterworks or water supply
28    system or to improve or extend a waterworks or  water  supply
29    system  owned and operated by the municipality, the ordinance
30    shall describe in a  general  way  the  waterworks  or  water
31    supply  system  to  be  constructed  or  the  improvements or
32    extensions to be made. It shall not  be  necessary  that  the
33    ordinance refer to plans and specifications nor that there be
 
SB1075 Enrolled            -171-     LRB093 08352 JAM 08571 b
 1    on  file  for public inspection prior to the adoption of such
 2    ordinance detailed plans and specifications of  the  project.
 3    The  ordinance  shall  set  out  the  estimated  cost  of the
 4    project, determine its period  of  usefulness,  and  fix  the
 5    amount  and  maturities of water revenue bonds proposed to be
 6    issued,  the  interest  rate,  and  all  details  in  respect
 7    thereof.  The  ordinance  may  contain  such  covenants   and
 8    restrictions  upon  the  issuance of additional revenue bonds
 9    thereafter as may be deemed necessary or  advisable  for  the
10    assurance  of  payment of the bonds thereby authorized and as
11    may be thereafter issued.
12        Revenue bonds issued under this  Division  129  shall  be
13    payable solely from the revenue derived from the operation of
14    the waterworks or water supply system on account of which the
15    bonds  are  issued;  provided,  that  bonds issued under this
16    Division 129 may also be payable from funds  pledged  by  the
17    municipality  issuing  such bonds pursuant to Section 7.59 of
18    the   Illinois    Development    Finance    Authority    Act.
19    Notwithstanding  any  such  pledge or any other matter, these
20    bonds shall not in any event constitute  an  indebtedness  of
21    the  municipality within the meaning of any constitutional or
22    statutory limitation and it shall be so stated on the face of
23    each bond.
24    (Source: P.A. 85-659.)

25        (65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
26        Sec. 11-139-7. Revenue bonds issued under  this  Division
27    139 shall be payable solely from the revenue derived from the
28    operation  of  the combined waterworks and sewerage system on
29    account of which the bonds are issued; provided,  that  bonds
30    issued under this Division 139 may also be payable from funds
31    pledged  by  the  municipality issuing such bonds pursuant to
32    Section 7.59 of the Illinois  Development  Finance  Authority
33    Act.  Notwithstanding  any  such  pledge or any other matter,
 
SB1075 Enrolled            -172-     LRB093 08352 JAM 08571 b
 1    these bonds shall not in any event constitute an indebtedness
 2    of the municipality within the meaning of any  constitutional
 3    or statutory limitation and it shall be so stated on the face
 4    of each bond.
 5    (Source: P.A. 85-659.)

 6        (65 ILCS 5/11-141-5) (from Ch. 24, par. 11-141-5)
 7        Sec.  11-141-5.  All bonds issued under this Division 141
 8    are  payable  solely  from  the  revenue  derived  from   the
 9    operation of the sewerage system; provided, that bonds issued
10    under  this  Division  141  may  also  be  payable from funds
11    pledged by the municipality issuing such  bonds  pursuant  to
12    Section  7.59  of  the Illinois Development Finance Authority
13    Act. Notwithstanding any such pledge  or  any  other  matter,
14    these   bonds   shall   not,  in  any  event,  constitute  an
15    indebtedness of the municipality within the  meaning  of  any
16    constitutional  or  statutory limitation. It shall be plainly
17    stated on the face of each bond that the bond has been issued
18    under this Division 141 and that it does  not  constitute  an
19    indebtedness of the municipality within any constitutional or
20    statutory limitation.
21    (Source: P.A. 85-659.)

22        Section 890-16.  The Joliet Arsenal Development Authority
23    Act is amended by changing Section 40 as follows:

24        (70 ILCS 508/40)
25        Sec. 40.  Acquisition.
26        (a)  The  Authority  may,  but need not, acquire title to
27    any project with respect to which it exercises its authority.
28        (b)  The  Authority  shall  have  power  to  acquire   by
29    purchase,  lease,  gift,  or otherwise any property or rights
30    therein from any person, the State of Illinois, any municipal
31    corporation, any local unit of government, the government  of
 
SB1075 Enrolled            -173-     LRB093 08352 JAM 08571 b
 1    the  United  States,  any  agency  or  instrumentality of the
 2    United States, any body politic, or any county useful for its
 3    purposes,  whether  improved  for   the   purposes   of   any
 4    prospective  project  or  unimproved.  The Authority may also
 5    accept any donation of funds for its  purposes  from  any  of
 6    those sources.
 7        (c)  The   Authority   shall   have   power  to  develop,
 8    construct, and improve, either under  its  own  direction  or
 9    through  collaboration  with  any  approved  applicant, or to
10    acquire through purchase or otherwise any project, using  for
11    that  purpose  the  proceeds derived from its sale of revenue
12    bonds,  notes,  or  other  evidences   of   indebtedness   or
13    governmental  loans  or grants, and to hold title in the name
14    of the Authority to those projects.
15        (d)  The Authority shall have the  power  to  enter  into
16    intergovernmental  agreements with the State of Illinois, the
17    county of Will, the Illinois Development  Finance  Authority,
18    the Illinois Education Facilities Authority, the Metropolitan
19    Pier  and Exposition Authority, the United States government,
20    any agency or instrumentality of the United States, any  unit
21    of  local  government  located  within  the  territory of the
22    Authority, or any other unit  of  government  to  the  extent
23    allowed   by   Article   VII,  Section  10  of  the  Illinois
24    Constitution and the Intergovernmental Cooperation Act.
25        (e)  The  Authority  shall  have  the  power   to   share
26    employees  with other units of government, including agencies
27    of the United States, agencies of the State of Illinois,  and
28    agencies or personnel of any unit of local government.
29        (f)  Subject to subsection (i) of Section 35 of this Act,
30    the  Authority  shall  have  the power to exercise powers and
31    issue  revenue  bonds  as  if  it  were  a  municipality   so
32    authorized  in  Divisions  12.1,  74, 74.1, 74.3, and 74.5 of
33    Article 11 of the Illinois Municipal Code.
34    (Source: P.A. 89-333, eff. 8-17-95.)
 
SB1075 Enrolled            -174-     LRB093 08352 JAM 08571 b
 1        Section  890-17.  The  Quad  Cities   Regional   Economic
 2    Development  Authority  Act,  approved September 22, 1987, is
 3    amended by changing Section 14 as follows:

 4        (70 ILCS 510/14) (from Ch. 85, par. 6214)
 5        Sec.  14.   Additional  powers  and  duties.   (a)    The
 6    Authority  may,  but  need  not, acquire title to any project
 7    with respect to which it exercises its authority.
 8        (b)  The Authority shall have the  power  to  enter  into
 9    intergovernmental  agreements with the State of Illinois, the
10    counties of Rock Island, Henry or Mercer, the State  of  Iowa
11    or  any  authority  established  by  the  State  of Iowa, the
12    Illinois Development Finance Authority, the Illinois  Housing
13    Development  Authority,  the  Illinois  Education  Facilities
14    Authority,  the  United  States  government and any agency or
15    instrumentality of the  United  States,  any  unit  of  local
16    government  located  within the territory of the Authority or
17    any other unit of government to the extent allowed by Article
18    VII,  Section  10  of  the  Illinois  Constitution  and   the
19    Intergovernmental Cooperation Act.
20        (c)  The   Authority   shall  have  the  power  to  share
21    employees with other units of government, including  agencies
22    of  the  United States, agencies of the State of Illinois and
23    agencies or personnel of any unit of local government.
24        (d)  The Authority  shall  have  the  power  to  exercise
25    powers  and  issue  bonds  as  if  it  were a municipality so
26    authorized in Divisions 12.1, 74,  74.1,  74.3  and  74.5  of
27    Article 11 of the Illinois Municipal Code.
28    (Source: P.A. 85-713.)

29        Section   890-18.  The   Quad  Cities  Regional  Economic
30    Development Authority Act, certified December  30,  1987,  is
31    amended by changing Section 13 as follows:
 
SB1075 Enrolled            -175-     LRB093 08352 JAM 08571 b
 1        (70 ILCS 515/13) (from Ch. 85, par. 6513)
 2        Sec.   13.   Additional  powers  and  duties.   (a)   The
 3    Authority may, but need not, acquire  title  to  any  project
 4    with respect to which it exercises its authority.
 5        (b)  The  Authority  shall  have  the power to enter into
 6    intergovernmental agreements with the State of Illinois,  the
 7    counties  of  Rock Island, Henry or Mercer, the State of Iowa
 8    or any authority  established  by  the  State  of  Iowa,  the
 9    Illinois  Development Finance Authority, the Illinois Housing
10    Development  Authority,  the  Illinois  Education  Facilities
11    Authority, the United States government  and  any  agency  or
12    instrumentality  of  the  United  States,  any  unit of local
13    government located within the territory of the  Authority  or
14    any other unit of government to the extent allowed by Article
15    VII,   Section  10  of  the  Illinois  Constitution  and  the
16    Intergovernmental Cooperation Act.
17        (c)  The  Authority  shall  have  the  power   to   share
18    employees  with other units of government, including agencies
19    of the United States, agencies of the State of  Illinois  and
20    agencies or personnel of any unit of local government.
21        (d)  The  Authority  shall  have  the  power  to exercise
22    powers and issue bonds  as  if  it  were  a  municipality  so
23    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
24    Article 11 of the Illinois Municipal Code.
25    (Source: P.A. 85-988.)

26        Section 890-19.  The  Southwestern  Illinois  Development
27    Authority Act is amended by changing Section 8 as follows:

28        (70 ILCS 520/8) (from Ch. 85, par. 6158)
29        Sec.  8.  (a)  The  Authority  may, but need not, acquire
30    title to any project with respect to which it  exercises  its
31    authority.
32        (b)  The   Authority  shall  have  power  to  acquire  by
 
SB1075 Enrolled            -176-     LRB093 08352 JAM 08571 b
 1    purchase, lease, gift or otherwise  any  property  or  rights
 2    therein  from  any  person or persons, the State of Illinois,
 3    any municipal corporation, any local unit of government,  the
 4    government   of   the   United   States  and  any  agency  or
 5    instrumentality of the United States, any body politic or any
 6    county useful for its  purposes,  whether  improved  for  the
 7    purposes  of  any  prospective  project  or  unimproved.  The
 8    Authority may also accept  any  donation  of  funds  for  its
 9    purposes from any such source.  The Authority may acquire any
10    real  property,  or  rights  therein, upon condemnation.  The
11    acquisition by eminent domain of such real  property  or  any
12    interest  therein  by  the  Authority  shall be in the manner
13    provided  by  the  "Code  of  Civil  Procedure",  as  now  or
14    hereafter amended, including Section 7-103 thereof.
15        The Authority shall not exercise any  quick-take  eminent
16    domain  powers  granted  by  State  law  within the corporate
17    limits of a municipality unless the  governing  authority  of
18    the  municipality  authorizes  the  Authority  to  do so. The
19    Authority shall not exercise any  quick-take  eminent  domain
20    powers  granted  by State law within the unincorporated areas
21    of a county unless the county board authorizes the  Authority
22    to do so.
23        (c)  The Authority shall have power to develop, construct
24    and  improve,  either  under  its  own  direction  or through
25    collaboration with any  approved  applicant,  or  to  acquire
26    through  purchase  or  otherwise  any project, using for such
27    purpose the proceeds derived from its sale of revenue  bonds,
28    notes  or  other  evidences  of  indebtedness or governmental
29    loans or grants  and  to  hold  title  in  the  name  of  the
30    Authority to such projects.
31        (d)  The  Authority  shall  have  the power to enter into
32    intergovernmental agreements with the State of Illinois,  the
33    counties of Madison or St. Clair, the Southwest Regional Port
34    District,  the  Illinois  Development  Finance Authority, the
 
SB1075 Enrolled            -177-     LRB093 08352 JAM 08571 b
 1    Illinois  Housing   Development   Authority,   the   Illinois
 2    Education  Facilities  Authority,  the  Metropolitan Pier and
 3    Exposition Authority, the United States  government  and  any
 4    agency  or  instrumentality of the United States, the city of
 5    East St. Louis, any unit of local government  located  within
 6    the   territory  of  the  Authority  or  any  other  unit  of
 7    government to the extent allowed by Article VII,  Section  10
 8    of   the  Illinois  Constitution  and  the  Intergovernmental
 9    Cooperation Act.
10        (e)  The  Authority  shall  have  the  power   to   share
11    employees  with other units of government, including agencies
12    of the United States, agencies of the State of  Illinois  and
13    agencies or personnel of any unit of local government.
14        (f)  The  Authority  shall  have  the  power  to exercise
15    powers and issue bonds  as  if  it  were  a  municipality  so
16    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
17    Article 11 of the Illinois Municipal Code.
18    (Source: P.A. 89-343, eff. 8-17-95.)

19        Section 890-20.  The Tri-County River Valley  Development
20    Authority Law is amended by changing Section 2008 as follows:

21        (70 ILCS 525/2008) (from Ch. 85, par. 7508)
22        Sec. 2008.  Acquisition.
23        (a) The Authority may, but need not, acquire title to any
24    project with respect to which it exercises its authority.
25        (b)  The   Authority  shall  have  power  to  acquire  by
26    purchase, lease, gift or otherwise  any  property  or  rights
27    therein  from  any  person or persons, the State of Illinois,
28    any municipal corporation, any local unit of government,  the
29    government   of   the   United   States  and  any  agency  or
30    instrumentality of the United States, any body politic or any
31    county useful for its  purposes,  whether  improved  for  the
32    purposes  of  any  prospective  project  or  unimproved.  The
 
SB1075 Enrolled            -178-     LRB093 08352 JAM 08571 b
 1    Authority may also accept  any  donation  of  funds  for  its
 2    purposes from any such source.
 3        (c)  The Authority shall have power to develop, construct
 4    and  improve,  either  under  its  own  direction  or through
 5    collaboration with any  approved  applicant,  or  to  acquire
 6    through  purchase  or  otherwise  any project, using for such
 7    purpose the proceeds derived from its sale of revenue  bonds,
 8    notes  or  other  evidences  of  indebtedness or governmental
 9    loans or grants  and  to  hold  title  in  the  name  of  the
10    Authority to such projects.
11        (d)  The  Authority  shall  have  the power to enter into
12    intergovernmental agreements with the State of Illinois,  the
13    counties  of  Peoria,  Tazewell  or  Woodford,  the  Illinois
14    Development   Finance   Authority,   the   Illinois   Housing
15    Development  Authority,  the  Illinois  Education  Facilities
16    Authority,  the  Metropolitan  Pier and Exposition Authority,
17    the   United   States   government   and   any   agency    or
18    instrumentality  of  the  United  States,  any  unit of local
19    government located within the territory of the  Authority  or
20    any other unit of government to the extent allowed by Article
21    VII,   Section  10  of  the  Illinois  Constitution  and  the
22    Intergovernmental Cooperation Act.
23        (e)  The  Authority  shall  have  the  power   to   share
24    employees  with other units of government, including agencies
25    of the United States, agencies of the State of  Illinois  and
26    agencies or personnel of any unit of local government.
27        (f)  The  Authority  shall  have  the  power  to exercise
28    powers and issue bonds  as  if  it  were  a  municipality  so
29    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
30    Article 11 of the Illinois Municipal Code.
31    (Source: P.A. 86-1489.)

32        Section  890-21.  The   Upper   Illinois   River   Valley
33    Development Authority Act is amended by changing Section 8 as
 
SB1075 Enrolled            -179-     LRB093 08352 JAM 08571 b
 1    follows:

 2        (70 ILCS 530/8) (from Ch. 85, par. 7158)
 3        Sec. 8.  Acquisition.
 4        (a)  The  Authority  may,  but need not, acquire title to
 5    any project with respect to which it exercises its authority.
 6        (b)  The  Authority  shall  have  power  to  acquire   by
 7    purchase,  lease,  gift  or  otherwise any property or rights
 8    therein from any person or persons, the  State  of  Illinois,
 9    any  municipal corporation, any local unit of government, the
10    government  of  the  United  States   and   any   agency   or
11    instrumentality of the United States, any body politic or any
12    county  useful  for  its  purposes,  whether improved for the
13    purposes  of  any  prospective  project  or  unimproved.  The
14    Authority may also accept  any  donation  of  funds  for  its
15    purposes from any such source.
16        (c)  The Authority shall have power to develop, construct
17    and  improve,  either  under  its  own  direction  or through
18    collaboration with any  approved  applicant,  or  to  acquire
19    through  purchase  or  otherwise  any project, using for such
20    purpose the proceeds derived from its sale of revenue  bonds,
21    notes  or  other  evidences  of  indebtedness or governmental
22    loans or grants  and  to  hold  title  in  the  name  of  the
23    Authority to such projects.
24        (d)  The  Authority  shall  have  the power to enter into
25    intergovernmental agreements with the State of Illinois,  the
26    counties  of Grundy, LaSalle, Bureau, Putnam or Marshall, the
27    Illinois Development Finance Authority, the Illinois  Housing
28    Development  Authority,  the  Illinois  Education  Facilities
29    Authority,  the  Metropolitan  Pier and Exposition Authority,
30    the   United   States   government   and   any   agency    or
31    instrumentality  of  the  United  States,  any  unit of local
32    government located within the territory of the  Authority  or
33    any other unit of government to the extent allowed by Article
 
SB1075 Enrolled            -180-     LRB093 08352 JAM 08571 b
 1    VII,   Section  10  of  the  Illinois  Constitution  and  the
 2    Intergovernmental Cooperation Act.
 3        (e)  The  Authority  shall  have  the  power   to   share
 4    employees  with other units of government, including agencies
 5    of the United States, agencies of the State of  Illinois  and
 6    agencies or personnel of any unit of local government.
 7        (f)  The  Authority  shall  have  the  power  to exercise
 8    powers and issue bonds  as  if  it  were  a  municipality  so
 9    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
10    Article 11 of the Illinois Municipal Code.
11    (Source: P.A. 86-1024; 87-895.)

12        Section 890-22.  The Will-Kankakee  Regional  Development
13    Authority Law is amended by changing Section 8 as follows:

14        (70 ILCS 535/8) (from Ch. 85, par. 7458)
15        Sec. 8.  Acquisition.
16        (a)  The  Authority  may,  but need not, acquire title to
17    any project with respect to which it exercises its authority.
18        (b)  The  Authority  shall  have  power  to  acquire   by
19    purchase,  lease,  gift  or  otherwise any property or rights
20    therein from any person or persons, the  State  of  Illinois,
21    any  municipal corporation, any local unit of government, the
22    government  of  the  United  States   and   any   agency   or
23    instrumentality of the United States, any body politic or any
24    county  useful  for  its  purposes,  whether improved for the
25    purposes of  any  prospective  project  or  unimproved.   The
26    Authority  may  also  accept  any  donation  of funds for its
27    purposes from any such source.
28        (c)  The Authority shall have power to develop, construct
29    and improve,  either  under  its  own  direction  or  through
30    collaboration  with  any  approved  applicant,  or to acquire
31    through purchase or otherwise any  project,  using  for  such
32    purpose  the proceeds derived from its sale of revenue bonds,
 
SB1075 Enrolled            -181-     LRB093 08352 JAM 08571 b
 1    notes or other  evidences  of  indebtedness  or  governmental
 2    loans  or  grants  and  to  hold  title  in  the  name of the
 3    Authority to such projects.
 4        (d)  The Authority shall have the  power  to  enter  into
 5    intergovernmental  agreements with the State of Illinois, the
 6    counties of  Will  and  Kankakee,  the  Illinois  Development
 7    Finance   Authority,   the   Illinois   Education  Facilities
 8    Authority, the Metropolitan Pier  and  Exposition  Authority,
 9    the    United   States   government   and   any   agency   or
10    instrumentality of the  United  States,  any  unit  of  local
11    government  located  within the territory of the Authority or
12    any other unit of government to the extent allowed by Article
13    VII,  Section  10  of  the  Illinois  Constitution  and   the
14    Intergovernmental Cooperation Act.
15        (e)  The   Authority   shall  have  the  power  to  share
16    employees with other units of government, including  agencies
17    of  the  United States, agencies of the State of Illinois and
18    agencies or personnel of any unit of local government.
19        (f)  The Authority  shall  have  the  power  to  exercise
20    powers  and  issue  bonds  as  if  it  were a municipality so
21    authorized in Divisions 12.1, 74,  74.1,  74.3  and  74.5  of
22    Article 11 of the Illinois Municipal Code.
23    (Source: P.A. 86-1481.)

24        Section  890-23.   The  Sanitary  District Act of 1907 is
25    amended by changing Section 17.1 as follows:

26        (70 ILCS 2205/17.1) (from Ch. 42, par. 263.1)
27        Sec. 17.1. The board of trustees of a  sanitary  district
28    that  owns  and  operates  a  wastewater treatment plant in a
29    county which has established a stormwater management planning
30    committee in accordance with Section 5-1062 of  the  Counties
31    Code  may  levy  a  tax  upon all taxable property within its
32    district at a rate not to exceed 0.03% of the value  of  such
 
SB1075 Enrolled            -182-     LRB093 08352 JAM 08571 b
 1    property,  as  equalized  or  assessed  by  the Department of
 2    Revenue, for the purposes  of  protecting  pumping  stations,
 3    wastewater  treatment plants and combined sewer outfalls from
 4    the 100-year flood, paying the principal of and  interest  on
 5    any  bonds  issued  pursuant  to  this Section for any of the
 6    foregoing purposes, and paying the principal of, premium,  if
 7    any, and interest on, and any fees relating to, any loan made
 8    to such sanitary district by the Illinois Development Finance
 9    Authority,  pursuant  to  subsection  (t) of Section 7 of the
10    Illinois Development Finance Authority Act, for  any  of  the
11    foregoing  purposes,  or  any bond, note or other evidence of
12    indebtedness of such municipality issued in  connection  with
13    any  such loan. The 0.03% limitation provided in this Section
14    may be increased or decreased  by  referendum  in  accordance
15    with the provisions of Sections 18-120, 18-125, and 18-130 of
16    the Property Tax Code.
17        The  tax authorized by this Section may be levied without
18    referendum by any sanitary district that is located at  least
19    partly   in  a  township  declared  after  July  1,  1986  by
20    presidential declaration to be a disaster area as a result of
21    flooding. However, the tax authorized by this  Section  shall
22    not  be levied by any sanitary district not so located unless
23    the question of its adoption, either for a  specified  period
24    or  indefinitely,  is  submitted  to the electors thereof and
25    approved by a majority of those voting on the question.  This
26    question may  be  submitted  at  any  election  held  in  the
27    sanitary  district  after the adoption of a resolution by the
28    board of trustees of the sanitary district providing for  the
29    submission  of  the  question to the electors of the sanitary
30    district.  The board of trustees shall certify the resolution
31    and proposition to the proper election officials,  who  shall
32    submit  the proposition at an election in accordance with the
33    general election law.  If a majority of the votes cast on the
34    question is in  favor  of  the  levy  of  such  tax,  it  may
 
SB1075 Enrolled            -183-     LRB093 08352 JAM 08571 b
 1    thereafter  be  levied  in  such  sanitary  district  for the
 2    specified  period  or  indefinitely,  as  provided   in   the
 3    proposition.  The  question shall be put in substantially the
 4    following form:
 5    -------------------------------------------------------------
 6        Shall an annual tax be levied
 7    for stormwater management purposes            YES
 8    (for a period of not more than
 9    ...... years) at a rate not exceeding      ------------------
10    0.03% of the equalized assessed
11    value of the taxable property of              NO
12    the ........ Sanitary District?
13    -------------------------------------------------------------
14        Any sanitary district in a county that has established  a
15    stormwater  management  planning committee in accordance with
16    Section 5-1062 of the Counties Code  is hereby authorized  to
17    borrow  money  and  to  issue  its  bonds for the purposes of
18    protecting pumping stations, wastewater treatment plants  and
19    combined sewer outfalls from the 100-year flood.
20        Any  sanitary district in a county that has established a
21    stormwater management planning committee in  accordance  with
22    Section  5-1062  of  the  Counties  Code   is  hereby further
23    authorized to borrow  money  from  the  Illinois  Development
24    Finance  Authority for the purpose of financing the provision
25    of flood protection for  sanitary  sewage  treatment  plants,
26    pursuant  to  subsection  (t)  of  Section  7 of the Illinois
27    Development Finance Authority Act, and is  hereby  authorized
28    to  enter  into  loan agreements and other documents with the
29    Illinois Development  Finance  Authority  and  to  issue  its
30    bonds,  notes  or other evidences of indebtedness to evidence
31    its obligation to repay such loan to the Illinois Development
32    Finance Authority.  Without the submission of the question to
33    the electors, notwithstanding any other provision of  law  to
34    the  contrary, such sanitary district is hereby authorized to
 
SB1075 Enrolled            -184-     LRB093 08352 JAM 08571 b
 1    execute such loan agreements and other documents and to issue
 2    such bonds, notes or other evidences of  indebtedness,  which
 3    loan  agreements,  documents, bonds, notes or other evidences
 4    of indebtedness  may  bear  such  date  or  dates,  may  bear
 5    interest  at  such  rate  or  rates,  payable at such time or
 6    times, may mature at any time or  times  not  later  than  40
 7    years from the date of issuance, may be payable at such place
 8    or  places,  may  be  payable from any funds of such sanitary
 9    district on hand and lawfully available  therefor,  including
10    without  limitation the taxes levied pursuant to this Section
11    or from any other taxes or revenues of such sanitary district
12    pledged to their payment, may be negotiated at such price  or
13    prices,  may  be  executed  in such manner, may be subject to
14    redemption prior to maturity, may be in  such  form,  may  be
15    secured,   and  may  be  subject  to  such  other  terms  and
16    conditions, all  as  may  be  provided  in  a  resolution  or
17    ordinance   authorizing   the  execution  of  any  such  loan
18    agreement or other document or the issuance  of  such  bonds,
19    notes or other evidences of indebtedness.
20    (Source: P.A. 88-670, eff. 12-2-94.)

21        Section  890-24.   The  Family  Practice Residency Act is
22    amended by changing Section 10 as follows:

23        (110 ILCS 935/10) (from Ch. 144, par. 1460)
24        Sec. 10.  Scholarship recipients who fail to fulfill  the
25    obligation  described  in  subsection  (d) of Section 3.07 of
26    this Act shall pay to the Department a sum equal to  3  times
27    the  amount of the annual scholarship grant for each year the
28    recipient fails to fulfill such  obligation.   A  scholarship
29    recipient  who  fails  to fulfill the obligation described in
30    subsection (d) of Section 3.07 shall have 30  days  from  the
31    date  on  which  that failure begins in which to enter into a
32    contract with the Department that sets forth  the  manner  in
 
SB1075 Enrolled            -185-     LRB093 08352 JAM 08571 b
 1    which  that  sum  is required to be paid.  If the contract is
 2    not entered into within that 30 day period or if the contract
 3    is entered into but the required payments are not made in the
 4    amounts and at  the  times  provided  in  the  contract,  the
 5    scholarship  recipient  also shall be required to  pay to the
 6    Department interest at the rate of 9% per annum on the amount
 7    of that sum remaining due and unpaid. The amounts paid to the
 8    Department under this Section shall  be  deposited  into  the
 9    Community  Health  Center  Care Fund and shall be used by the
10    Department to improve access to primary health care  services
11    as  authorized  by  subsection (a) of Section 2310-200 of the
12    Department of Public Health Powers and Duties  Law  (20  ILCS
13    2310/2310-200).
14        The  Department  may transfer to the Illinois Development
15    Finance  Authority,  into  an  account  outside   the   State
16    treasury,  moneys in the Community Health Center Care Fund as
17    needed, but not to exceed an amount established, by rule,  by
18    the  Department  to establish a reserve or credit enhancement
19    escrow account to support a financing program or  a  loan  or
20    equipment  leasing  program  to provide moneys to support the
21    purposes  of  subsection  (a)  of  Section  2310-200  of  the
22    Department of Public Health Powers and Duties  Law  (20  ILCS
23    2310/2310-200).  The  disposition of moneys at the conclusion
24    of  any  financing  program  under  this  Section  shall   be
25    determined by an interagency agreement.
26    (Source: P.A. 90-405, eff. 1-1-98; 91-239, eff. 1-1-00.)

27        Section  890-25.  The Illinois Public Aid Code is amended
28    by changing Sections 11-3 and 11-3.3 as follows:

29        (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
30        Sec. 11-3.  Assignment and attachment of aid  prohibited.
31    Except  as  provided  below  in  this  Section and in Section
32    11-3.3, all financial aid given under Articles  III,  IV,  V,
 
SB1075 Enrolled            -186-     LRB093 08352 JAM 08571 b
 1    and VI and money payments for child care services provided by
 2    a  child care provider under Articles IX and IXA shall not be
 3    subject to  assignment,  sale,  attachment,  garnishment,  or
 4    otherwise.   Provided, however, that a medical vendor may use
 5    his right to receive vendor payments as collateral for  loans
 6    from  financial  institutions so long as such arrangements do
 7    not  constitute  any  activity   prohibited   under   Section
 8    1902(a)(32)  of  the  Social  Security  Act  and  regulations
 9    promulgated  thereunder,  or  any  other  applicable  laws or
10    regulations. Provided further, however,  that  a  medical  or
11    other  vendor  or  a  service  provider may assign, reassign,
12    sell, pledge  or  grant  a  security  interest  in  any  such
13    financial  aid,  vendor  payments or money payments or grants
14    which he has a  right  to  receive  to  the  Illinois  Health
15    Facilities   Authority,  in  connection  with  any  financing
16    program  undertaken  by  the   Illinois   Health   Facilities
17    Authority,  or to the Illinois Development Finance Authority,
18    in connection with any financing program  undertaken  by  the
19    Illinois  Development  Finance Authority.  Each Authority may
20    utilize a trustee or agent to accept, accomplish,  effectuate
21    or  realize  upon  any  such  assignment, reassignment, sale,
22    pledge or grant on that Authority's behalf. Provided further,
23    however, that  nothing  herein  shall  prevent  the  Illinois
24    Department  from  collecting any assessment, fee, interest or
25    penalty  due  under  Article  V-A,  V-B,  V-C,  or   V-E   by
26    withholding financial aid as payment of such assessment, fee,
27    interest, or penalty. Any alienation in contravention of this
28    statute  does  not diminish and does not affect the validity,
29    legality or enforceability of any underlying obligations  for
30    which  such  alienation  may  have  been  made  as collateral
31    between the parties to the alienation.  This  amendatory  Act
32    shall  be  retroactive  in  application  and shall pertain to
33    obligations existing prior to its enactment.
34    (Source: P.A. 92-111, eff. 1-1-02.)
 
SB1075 Enrolled            -187-     LRB093 08352 JAM 08571 b
 1        (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
 2        Sec. 11-3.3.  Payment to provider or governmental  agency
 3    or  entity.    Payments  under this Code shall be made to the
 4    provider, except that the Department may issue or  may  agree
 5    to   issue  the  payment  directly  to  the  Illinois  Health
 6    Facilities  Authority,  the  Illinois   Development   Finance
 7    Authority,  or  any  other  governmental  agency  or  entity,
 8    including any bond trustee for that agency or entity, to whom
 9    the  provider  has  assigned,  reassigned,  sold,  pledged or
10    granted a security interest in the payments that the provider
11    has a  right  to  receive,  provided  that  the  issuance  or
12    agreement   to   issue   is   not  prohibited  under  Section
13    1902(a)(32) of the Social Security Act.
14    (Source: P.A. 87-842.)

15        Section 890-26.  The Illinois Affordable Housing  Act  is
16    amended by changing Section 6 as follows:

17        (310 ILCS 65/6) (from Ch. 67 1/2, par. 1256)
18        Sec. 6.  Advisory Commission.
19        (a)  There  is  hereby  created  the  Illinois Affordable
20    Housing Advisory Commission. The Commission shall consist  of
21    15 members. Three of the Commissioners shall be the Directors
22    of  the  Illinois Housing Development Authority, the Illinois
23    Development Finance Authority and the Department of  Commerce
24    and  Community  Affairs  or their representatives. One of the
25    Commissioners  shall  be  the  Commissioner  of  the  Chicago
26    Department of Housing or its representative. The remaining 11
27    members shall be appointed by the Governor, with  the  advice
28    and  consent  of  the  Senate,  and  not more than 4 of these
29    Commission members shall reside in  any  one  county  in  the
30    State.   At   least   one   Commission  member  shall  be  an
31    administrator of a public housing authority from other than a
32    municipality having a population in excess of  2,000,000;  at
 
SB1075 Enrolled            -188-     LRB093 08352 JAM 08571 b
 1    least  2  Commission  members  shall  be  representatives  of
 2    special  needs  populations as described in subsection (e) of
 3    Section  8;  at  least  4   Commission   members   shall   be
 4    representatives  of  community-based organizations engaged in
 5    the development or operation of housing  for  low-income  and
 6    very low-income households; and at least 4 Commission members
 7    shall  be  representatives  of advocacy organizations, one of
 8    which shall represent a tenants' advocacy  organization.  The
 9    Governor   shall   consider   nominations  made  by  advocacy
10    organizations and community-based organizations.
11        (b)  Members appointed to the Commission  shall  serve  a
12    term  of  3  years;  however, 3 members first appointed under
13    this Act shall serve an initial  term  of  one  year,  and  4
14    members  first appointed under this Act shall serve a term of
15    2 years.  Individual terms of office shall be chosen  by  lot
16    at  the initial meeting of the Commission. The Governor shall
17    appoint the Chairman of the Commission,  and  the  Commission
18    members shall elect a Vice Chairman.
19        (c)  Members  of  the Commission shall not be entitled to
20    compensation, but shall receive reimbursement for actual  and
21    reasonable  expenses  incurred  in  the  performance of their
22    duties.
23        (d)  Eight members of the Commission shall  constitute  a
24    quorum for the transaction of business.
25        (e)  The Commission shall meet at least quarterly and its
26    duties and responsibilities are:
27             (1)  the  study  and  review  of the availability of
28        affordable housing for  low-income  and  very  low-income
29        households  in  the State of Illinois and the development
30        of  a  plan  which  addresses  the  need  for  additional
31        affordable housing;
32             (2)  encouraging collaboration between  federal  and
33        State  agencies,  local government and the private sector
34        in the planning, development and operation of  affordable
 
SB1075 Enrolled            -189-     LRB093 08352 JAM 08571 b
 1        housing for low-income and very low-income households;
 2             (3)  studying,  evaluating  and  soliciting  new and
 3        expanded sources of funding for affordable housing;
 4             (4)  developing,    proposing,    reviewing,     and
 5        commenting  on  priorities,  policies  and procedures for
 6        uses and expenditures of  Trust  Fund  monies,  including
 7        policies  which  assure  equitable  distribution of funds
 8        statewide;
 9             (5)  making   recommendations   to    the    Program
10        Administrator  concerning  proposed expenditures from the
11        Trust Fund;
12             (6)  making   recommendations   to    the    Program
13        Administrator  concerning the developments proposed to be
14        financed with the proceeds of Affordable Housing  Program
15        Trust Fund Bonds or Notes;
16             (7)  reviewing  and commenting on the development of
17        priorities,   policies    and    procedures    for    the
18        administration of the Program;
19             (8)  monitoring  and  evaluating  all allocations of
20        funds under this Program; and
21             (9)  making recommendations to the General  Assembly
22        for further legislation that may be necessary in the area
23        of affordable housing.
24    (Source: P.A. 88-93; 89-286, eff. 8-10-95.)

25        Section  890-27.  The Illinois Rural/Downstate Health Act
26    is amended by changing Section 4 as follows:

27        (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
28        Sec. 4.  The Center shall have the authority:
29        (a)  To  assist  rural  communities  and  communities  in
30    designated shortage areas by providing  technical  assistance
31    to  community  leaders in defining their specific health care
32    needs and identifying strategies to address those needs.
 
SB1075 Enrolled            -190-     LRB093 08352 JAM 08571 b
 1        (b)  To  link  rural  communities  and   communities   in
 2    designated  shortage areas with other units in the Department
 3    or other State agencies which can assist in the solution of a
 4    health care access problem.
 5        (c)  To   maintain   and   disseminate   information   on
 6    innovative   health  care  strategies,  either  directly   or
 7    indirectly.
 8        (d)  To   administer  State  or  federal  grant  programs
 9    relating to  rural  health  or  medically  underserved  areas
10    established  by  State  or  federal law for which funding has
11    been made available.
12        (e)  To promote the development of primary care  services
13    in  rural  areas  and  designated  shortage areas. Subject to
14    available appropriations, the Department may  annually  award
15    grants  of  up to $300,000 each to enable the health services
16    in  those  areas   to   offer   multi-service   comprehensive
17    ambulatory  care,  thereby  improving  access to primary care
18    services.  Grants  may   cover   operational   and   facility
19    construction  and  renovation  expenses,  including  but  not
20    limited  to  the  cost  of  personnel,  medical  supplies and
21    equipment,  patient  transportation,  and   health   provider
22    recruitment. The Department shall prescribe by rule standards
23    and  procedures  for the provision of local matching funds in
24    relation to each grant  application.  Grants  provided  under
25    this  paragraph  (e)  shall  be  in  addition  to support and
26    assistance provided under subsection (a) of Section  2310-200
27    of  the Department of Public Health Powers and Duties Law (20
28    ILCS 2310/2310-200).  Eligible applicants shall include,  but
29    not  be limited to, community-based organizations, hospitals,
30    local health departments, and  Community  Health  Centers  as
31    defined in Section 4.1 of this Act.
32        (f)  To    annually   provide   grants   from   available
33    appropriations to hospitals located in medically  underserved
34    areas  or  health  manpower  shortage areas as defined by the
 
SB1075 Enrolled            -191-     LRB093 08352 JAM 08571 b
 1    United States Department of Health and Human Services,  whose
 2    governing   boards   include  significant  representation  of
 3    consumers of hospital services residing in the area served by
 4    the hospital, and which agree not to discriminate in any  way
 5    against  any  consumer  of  hospital  services based upon the
 6    consumer's source of payment for those services. Grants  that
 7    may  be  awarded under this paragraph (f) shall be limited to
 8    $500,000 and shall not exceed 50% of the total  project  need
 9    indicated in each application. Expenses covered by the grants
10    may  include  but  are  not  limited  to facility renovation,
11    equipment acquisition and maintenance, recruitment of  health
12    personnel,  diversification  of  services,  and joint venture
13    arrangements.
14        (g)  To  establish  a  recruitment  center  which   shall
15    actively   recruit   physicians   and   other   health   care
16    practitioners   to   participate  in  the  program,  maintain
17    contacts with participating practitioners,  actively  promote
18    health  care  professional  practice  in  designated shortage
19    areas, assist in matching the skills of participating medical
20    students with  the  needs  of  community  health  centers  in
21    designated  shortage  areas, and assist participating medical
22    students in locating in designated shortage areas.
23        (h)  To assist communities in designated  shortage  areas
24    find  alternative services or temporary health care providers
25    when existing health care providers are  called  into  active
26    duty with the armed forces of the United States.
27        (i)  To   develop,   in  cooperation  with  the  Illinois
28    Development Finance Authority, financing programs whose goals
29    and purposes shall be to provide  moneys  to  carry  out  the
30    purpose  of  this Act, including, but not limited to, revenue
31    bond programs, revolving  loan  programs,  equipment  leasing
32    programs,  and  working  cash  programs.   The Department may
33    transfer to the Illinois Development Finance Authority,  into
34    an  account  outside of the State treasury, moneys in special
 
SB1075 Enrolled            -192-     LRB093 08352 JAM 08571 b
 1    funds of the Department  for  the  purposes  of  establishing
 2    those programs.  The disposition of any moneys so transferred
 3    shall be determined by an interagency agreement.
 4    (Source:  P.A.  91-239,  eff.  1-1-00;  91-357, eff. 7-29-99;
 5    92-16, eff. 6-28-01.)

 6        Section 890-28.  The Prevailing Wage Act  is  amended  by
 7    changing Section 2 as follows:

 8        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
 9        Sec.  2.  This  Act  applies  to  the  wages of laborers,
10    mechanics and other workers employed in any public works,  as
11    hereinafter  defined,  by any public body and to anyone under
12    contracts for public works.
13        As  used  in  this  Act,  unless  the  context  indicates
14    otherwise:
15        "Public works" means  all  fixed  works  constructed  for
16    public  use by any public body, other than work done directly
17    by any public utility company,  whether  or  not  done  under
18    public  supervision  or  direction,  or paid for wholly or in
19    part out of public funds.  "Public works" as  defined  herein
20    includes all projects financed in whole or in part with bonds
21    issued under the Industrial Project Revenue Bond Act (Article
22    11,   Division  74  of  the  Illinois  Municipal  Code),  the
23    Industrial  Building   Revenue   Bond   Act,   the   Illinois
24    Development   Finance  Authority  Act,  the  Illinois  Sports
25    Facilities Authority Act, or the Build Illinois Bond Act, and
26    all projects financed in whole or in part with loans or other
27    funds made available pursuant to the Build Illinois Act.
28        "Construction" means all work on public  works  involving
29    laborers, workers or mechanics.
30        "Locality"  means the county where the physical work upon
31    public works is performed, except (1) that if  there  is  not
32    available  in  the  county  a  sufficient number of competent
 
SB1075 Enrolled            -193-     LRB093 08352 JAM 08571 b
 1    skilled laborers, workers  and  mechanics  to  construct  the
 2    public  works  efficiently  and properly, "locality" includes
 3    any other county  nearest  the  one  in  which  the  work  or
 4    construction  is  to be performed and from which such persons
 5    may be obtained in sufficient numbers to perform the work and
 6    (2) that, with respect to contracts for highway work with the
 7    Department of Transportation of this State, "locality" may at
 8    the  discretion  of  the  Secretary  of  the  Department   of
 9    Transportation  be  construed to include two or more adjacent
10    counties from which workers may be  accessible  for  work  on
11    such construction.
12        "Public  body"  means  the State or any officer, board or
13    commission of the  State  or  any  political  subdivision  or
14    department  thereof, or any institution supported in whole or
15    in part by public  funds,  authorized  by  law  to  construct
16    public   works   or  to  enter  into  any  contract  for  the
17    construction of public  works,  and  includes  every  county,
18    city,  town,  village, township, school district, irrigation,
19    utility, reclamation improvement or other district and  every
20    other  political subdivision, district or municipality of the
21    state whether such  political  subdivision,  municipality  or
22    district operates under a special charter or not.
23        The  terms  "general  prevailing  rate  of hourly wages",
24    "general prevailing rate of wages"  or  "prevailing  rate  of
25    wages"  when used in this Act mean the hourly cash wages plus
26    fringe benefits  for  training  and  apprenticeship  programs
27    approved   by   the  U.S.  Department  of  Labor,  Bureau  of
28    Apprenticeship and Training, health and  welfare,  insurance,
29    vacations  and  pensions  paid  generally, in the locality in
30    which the work is being performed, to  employees  engaged  in
31    work of a similar character on public works.
32    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
33    92-16, eff. 6-28-01.)
 
SB1075 Enrolled            -194-     LRB093 08352 JAM 08571 b
 1        Section  890-29.   The  Transportation Cooperation Act of
 2    1971 is amended by changing Section 2 as follows:

 3        (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
 4        Sec. 2. For the purposes of this Act:
 5        (a)  "Railroad  passenger  service"  means  any  railroad
 6    passenger service within the State of Illinois, including the
 7    equipment and facilities used in connection  therewith,  with
 8    the  exception  of  the basic system operated by the National
 9    Railroad Passenger  Corporation  pursuant  to  Title  II  and
10    Section  403(a)  of the Federal Rail Passenger Service Act of
11    1970.
12        (b)  "Federal Railroad Corporation"  means  the  National
13    Railroad Passenger Corporation established pursuant to an Act
14    of  Congress  known  as  the  "Rail  Passenger Service Act of
15    1970."
16        (c)  "Transportation system" means any and all  modes  of
17    public  transportation  within  the State, including, but not
18    limited to, transportation of persons or  property  by  rapid
19    transit,   rail,   bus,  and  aircraft,  and  all  equipment,
20    facilities  and  property,  real  and   personal,   used   in
21    connection therewith.
22        (d)  "Carrier"    means   any   corporation,   authority,
23    partnership, association, person or  district  authorized  to
24    maintain  a  transportation  system within the State with the
25    exception of the Federal Railroad Corporation.
26        (e)  "Units of local government" means cities,  villages,
27    incorporated  towns, counties, municipalities, townships, and
28    special districts, including any district created pursuant to
29    the "Local Mass Transit  District  Act",  approved  July  21,
30    1959,  as  amended;  any  Authority  created  pursuant to the
31    "Metropolitan Transit  Authority  Act",  approved  April  12,
32    1945,  as  amended;  and,  any authority, commission or other
33    entity which by virtue of an interstate compact  approved  by
 
SB1075 Enrolled            -195-     LRB093 08352 JAM 08571 b
 1    Congress is authorized to provide mass transportation.
 2        (f)  "Universities"  means  all  public  institutions  of
 3    higher  education  as  defined in an "Act creating a Board of
 4    Higher Education, defining its powers and duties,  making  an
 5    appropriation  therefor,  and repealing an Act herein named",
 6    approved  August  22,  1961,  as  amended,  and  all  private
 7    institutions of higher education as defined in  the  Illinois
 8    Finance Educational Facilities Authority Act.
 9        (g)  "Department"   means   the  Illinois  Department  of
10    Transportation, or such other department designated by law to
11    perform the duties and functions of the  Illinois  Department
12    of Transportation prior to January 1, 1972.
13        (h)  "Association"   means   any  Transportation  Service
14    Association created pursuant to Section 4 of this Act.
15        (i)  "Contracting  Parties"  means  any  units  of  local
16    government or universities which have associated  and  joined
17    together pursuant to Section 3 of this Act.
18        (j)  "Governing  authorities"  means (1) the city council
19    or similar legislative body of  a  city;  (2)  the  board  of
20    trustees  or  similar body of a village or incorporated town;
21    (3) the council of a municipality under the  commission  form
22    of  municipal  government;  (4)  the  board  of trustees in a
23    township; (5) the Board of  Trustees  of  the  University  of
24    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
25    University,  the  Board  of   Trustees   of   Chicago   State
26    University,   the  Board  of  Trustees  of  Eastern  Illinois
27    University,  the  Board  of  Trustees  of   Governors   State
28    University,   the   Board   of  Trustees  of  Illinois  State
29    University, the Board of Trustees  of  Northeastern  Illinois
30    University,  the  Board  of  Trustees  of  Northern  Illinois
31    University,   the  Board  of  Trustees  of  Western  Illinois
32    University, and the Illinois Community College Board; (6) the
33    county  board  of   a   county;   and   (7)   the   trustees,
34    commissioners,  board  members, or directors of a university,
 
SB1075 Enrolled            -196-     LRB093 08352 JAM 08571 b
 1    special district, authority or similar agency.
 2    (Source: P.A. 89-4, eff. 1-1-96.)

 3        Section 890-30.  The Capital  Development  Board  Act  is
 4    amended by changing Section 3 as follows:

 5        (20 ILCS 3105/3) (from Ch. 127, par. 773)
 6        Sec.  3.   As  used  in  this  Act,  unless  the  context
 7    otherwise requires:
 8        "Board" means the Capital Development Board.
 9        "State   agency"   means   and   includes  each  officer,
10    department, board, commission, institution, body politic  and
11    corporate  of  the  State  including  the  Illinois  Building
12    Authority,  school  districts, and any other person expending
13    or encumbering  State  or  federal  funds  by  virtue  of  an
14    appropriation  or other authorization by the General Assembly
15    or federal  authorization  or  grant.   Except  as  otherwise
16    expressly  authorized  by the General Assembly, the term does
17    not include the Department of Transportation, the  Department
18    of  Natural  Resources,  or  Environmental Protection Agency,
19    except as respects buildings used by the Department or Agency
20    for its officers, employees, or equipment, or  any  of  them,
21    and  for capital improvements related to such buildings.  Nor
22    does  the  term  include  the  Illinois  Housing  Development
23    Authority,  the  Illinois  Finance   Educational   Facilities
24    Authority   or   the  St.  Louis  Metropolitan  Area  Airport
25    Authority.
26        "School District" means any school  district  or  special
27    charter  district  as  defined  in Section 1-3 of "The School
28    Code",  approved  March  18,  1961,  as   amended,   or   any
29    administrative  district,  or  governing  board,  of  a joint
30    agreement organized under  Section  10-22.31  of  the  School
31    Code.
32    (Source: P.A. 89-445, eff. 2-7-96.)
 
SB1075 Enrolled            -197-     LRB093 08352 JAM 08571 b
 1        Section 890-31.  The Higher Education Loan Act is amended
 2    by changing the title and Sections 3, 3.01, and 5 as follows:

 3        (110 ILCS 945/Act title)
 4        An  Act  relating  to  the  Illinois  Finance Educational
 5    Facilities Authority and certain of its powers and duties.
 6    (Source: P.A. 85-1326.)

 7        (110 ILCS 945/3) (from Ch. 144, par. 1603)
 8        Sec. 3.  Definitions.  In this Act,  unless  the  context
 9    otherwise  requires,  the  terms  specified  in Sections 3.01
10    through 3.13 of this Act and Sections 3.01  through  3.09  of
11    the  Illinois  Finance  Educational  Facilities Authority Act
12    have the meanings ascribed to them in those Acts Sections.
13    (Source: P.A. 88-555, eff. 7-27-94.)

14        (110 ILCS 945/3.01) (from Ch. 144, par. 1603.01)
15        Sec. 3.01.  Authority.  "Authority"  means  the  Illinois
16    State Finance Educational Facilities Authority created by the
17    Illinois State Finance Educational Facilities Authority Act.
18    (Source: P.A. 85-1326.)

19        (110 ILCS 945/5) (from Ch. 144, par. 1605)
20        Sec.   5.    Transfer  of  functions  from  the  Illinois
21    Educational  Facilities  Independent  Higher  Education  Loan
22    Authority to  the  Illinois  Finance  Educational  Facilities
23    Authority.    The  Illinois  Finance  Educational  Facilities
24    Authority   created   by  the  Illinois  Finance  Educational
25    Facilities  Authority  Act  shall  succeed  to,  assume   and
26    exercise  all  rights,  powers,  duties  and responsibilities
27    formerly exercised by  the  Illinois  Educational  Facilities
28    Independent  Higher  Education  Loan  Authority  prior to the
29    abolition of that Authority by this  amendatory  Act  of  the
30    93rd  General  Assembly  1988.   All  books, records, papers,
 
SB1075 Enrolled            -198-     LRB093 08352 JAM 08571 b
 1    documents and pending business in any way pertaining  to  the
 2    former  Illinois  Educational  Facilities  Independent Higher
 3    Education Loan Authority  are  transferred  to  the  Illinois
 4    State  Finance  Educational  Facilities  Authority,  but  any
 5    rights  or  obligations of any person under any contract made
 6    by, or  under  any  rules,  regulations,  uniform  standards,
 7    criteria  and  guidelines  established  or  approved by, such
 8    former Illinois  Educational  Facilities  Independent  Higher
 9    Education  Loan  Authority  shall be unaffected thereby.  All
10    bonds, notes or other evidences of  indebtedness  outstanding
11    on  the  effective  date  of  this amendatory Act of the 93rd
12    General Assembly 1988 shall be unaffected by the transfer  of
13    functions  to  the  Illinois  Finance  Educational Facilities
14    Authority.   No  rule,  regulation,  standard,  criteria   or
15    guideline  promulgated, established or approved by the former
16    Illinois Educational Facilities Independent Higher  Education
17    Loan  Authority  pursuant to an exercise of any right, power,
18    duty or responsibility assumed  by  and  transferred  to  the
19    Illinois  Finance  Educational  Facilities Authority shall be
20    affected by this amendatory Act of the 93rd General  Assembly
21    1988,  and  all  such rules, regulations, standards, criteria
22    and guidelines shall become those  of  the  Illinois  Finance
23    Educational  Facilities Authority until such time as they are
24    amended or repealed by the Authority.
25    (Source: P.A. 85-1326.)

26        Section 890-32.  The Rural Diversification Act is amended
27    by changing Sections 2, 3, 4, and 5 as follows:

28        (20 ILCS 690/2) (from Ch. 5, par. 2252)
29        Sec. 2.  Findings and declaration of policy.  The General
30    Assembly hereby finds, determines and declares:
31        (a)  That Illinois is a  state  of  diversified  economic
32    strength  and that an important economic strength in Illinois
 
SB1075 Enrolled            -199-     LRB093 08352 JAM 08571 b
 1    is  derived  from   rural   business   production   and   the
 2    agribusiness industry;
 3        (b)  That  the  Illinois  rural  economy is in a state of
 4    transition, which presents a unique opportunity for the State
 5    to act on its growth and development;
 6        (c)  That full and continued growth  and  development  of
 7    Illinois'  rural  economy,  especially in the small towns and
 8    farm communities, is vital for Illinois;
 9        (d)  That by encouraging the development  of  diversified
10    rural business and agricultural production, nonproduction and
11    processing  activities  in  Illinois,  the  State  creates  a
12    beneficial climate for new and improved job opportunities for
13    its citizens and expands jobs and job training opportunities;
14        (e)  That  in  order  to  cultivate strong rural economic
15    growth and  development  in  Illinois,  it  is  necessary  to
16    proceed   with   a   plan  which  encourages  Illinois  rural
17    businesses and agribusinesses to expand  business  employment
18    opportunities   through   diversification   of  business  and
19    industries,  offers  managerial,  technical   and   financial
20    assistance   to   or   on  behalf  of  rural  businesses  and
21    agribusiness, and works in a cooperative venture  and  spirit
22    with Illinois' business, labor, local government, educational
23    and scientific communities;
24        (f)  That dedication of State resources over a multi-year
25    period  targeted  to  promoting the growth and development of
26    one  or  more  classes   of   diversified   rural   products,
27    particularly  new  agricultural products, is an effective use
28    of State funds;
29        (g)  That the United States Congress,  having  identified
30    similar  needs  and purposes has enacted legislation creating
31    the United  States  Department  of  Agriculture/Farmers  Home
32    Administration  Non-profit National Finance Corporations Loan
33    and Grant Program and made funding available  to  the  states
34    consistent with the purposes of this Act.
 
SB1075 Enrolled            -200-     LRB093 08352 JAM 08571 b
 1        (h)  That  the  Illinois  General  Assembly  has  enacted
 2    "Rural  Revival"  and  a  series  of  "Harvest the Heartland"
 3    initiatives which create within  the  Illinois  Finance  Farm
 4    Development  Authority  a  "Seed  Capital  Fund"  to  provide
 5    venture  capital for emerging new agribusinesses, and to help
 6    coordinate  cooperative  research  and  development  on   new
 7    agriculture technologies in conjunction with the Agricultural
 8    Research  and  Development  Consortium  in Peoria, the United
 9    State Department of Agriculture  Northern  Regional  Research
10    Laboratory  in Peoria, the institutions of higher learning in
11    Illinois, and  the  agribusiness  community  of  this  State,
12    identify  the  need  for  enhanced  efforts  by  the State to
13    promote the use of fuels utilizing ethanol made from Illinois
14    grain, and promote forestry development in this State; 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  Community  Affairs, and Natural Resources, and
18    the Illinois Finance  Farm  Development  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
22    the  programs  offered  by the various state agencies and the
23    federal government be achieved.
24    (Source: P.A. 89-445, eff. 2-7-96.)

25        (20 ILCS 690/3) (from Ch. 5, par. 2253)
26        Sec. 3.  Definitions.  The following  words  and  phrases
27    shall  have  the  meaning  ascribed  to  each of them in this
28    Section 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    Community Affairs.
32        (b)  "Rural  business"  means  a  business,  including  a
33    cooperative,  proprietorship,  partnership,  corporation   or
 
SB1075 Enrolled            -201-     LRB093 08352 JAM 08571 b
 1    other  entity,  that  is  located in a municipality of 20,000
 2    population or less, or in an unincorporated area of a  county
 3    with  a  population  of  less  than  350,000,  but  not  in a
 4    municipality  which  is  contiguous  to  a  municipality   or
 5    municipalities  with  a  population greater than 20,000.  The
 6    business must  also  be  engaged  in  manufacturing,  mining,
 7    agriculture, wholesale, transportation, tourism, or utilities
 8    or  in  research  and  development or services to these basic
 9    industrial sectors.
10        (c)  "Agribusiness", for purpose of  this  Act,  means  a
11    rural business that is defined as an agribusiness pursuant to
12    subsection (i) of Section 2 of the Illinois Finance Authority
13    Farm Development Act.
14        (d)  "Rural diversification project" means financing to a
15    rural business for a specific activity undertaken to promote:
16    (i) the improvement and expansion of business and industry in
17    rural   areas;   (ii)   creation   of   entrepreneurial   and
18    self-employment  businesses;  (iii)  industry  or region wide
19    research directed to profit oriented uses of rural resources,
20    and  (iv)  value  added   agricultural   supply,   production
21    processing or reprocessing facilities or operations and shall
22    include  but  not  be limited to agricultural diversification
23    projects.
24        (e)  "Financing" means direct loans at  market  or  below
25    market rate interest, grants, technical assistance contracts,
26    or  other means whereby monetary assistance is provided to or
27    on behalf of rural business or agribusinesses for purposes of
28    rural diversification.
29        (f)  "Agricultural   diversification    project"    means
30    financing awarded to a rural business for a specific activity
31    undertaken  to promote diversification of the farm economy of
32    this State through (i) profit oriented nonproduction uses  of
33    Illinois  land  resources, (ii) growth and development of new
34    crops or livestock not customarily grown or produced in  this
 
SB1075 Enrolled            -202-     LRB093 08352 JAM 08571 b
 1    State,  or  (iii)  developments  which  emphasize  a vertical
 2    integration of grain or livestock produced or raised in  this
 3    State  into  a finished product for consumption or use.  "New
 4    crops or livestock not customarily grown or produced in  this
 5    State" does not include corn, soybeans, wheat, swine, or beef
 6    or dairy cattle.  "Vertical integration of grain or livestock
 7    produced  or  raised  in  this  State"  includes  any  new or
 8    existing grain or livestock grown or produced in this State.
 9    (Source: P.A. 85-180.)

10        (20 ILCS 690/4) (from Ch. 5, par. 2254)
11        Sec. 4.  Powers  of  the  Office.   The  Office  has  the
12    following powers, in addition to those granted to it by other
13    law:
14        (a)  To  provide  financing pursuant to the provisions of
15    this Act, from appropriations made by  the  General  Assembly
16    from  the  General Revenue Fund, Federal trust funds, and the
17    Rural Diversification Revolving Fund created herein, to or on
18    behalf of rural business and agribusiness  to  promote  rural
19    diversification.
20        (b)  To provide financing in the form of direct loans and
21    grants from State funds for qualifying agricultural and rural
22    diversification  projects  independent  of  federal financial
23    participation, except that no grants from State  funds  shall
24    be made directly with a rural business.
25        (c)  To  provide  financing  in the form of direct loans,
26    grants, and technical assistance contracts from  State  funds
27    for   qualifying   agricultural   and  rural  diversification
28    projects in coordination with federal financial participation
29    in the form of loan guarantees, direct loans, and  grant  and
30    technical assistance contract reimbursements.
31        (d)  To  consider  in the award of State funded financing
32    the satisfaction of  matching  requirements  associated  with
33    federal  financing  participation  and  the  maximization  of
 
SB1075 Enrolled            -203-     LRB093 08352 JAM 08571 b
 1    federal  financing  participation to the benefit of the rural
 2    Illinois economy.
 3        (e)  To enter into agreements or contracts, accept  funds
 4    or  grants,  and  cooperate  with  agencies  of  the  Federal
 5    Government, State or Local Governments, the private sector or
 6    non-profit  organizations  to  carry out the purposes of this
 7    Act;
 8        (f)  To  enter  into  agreements  or  contracts  for  the
 9    promotion, application origination,  analysis or servicing of
10    the financings made by the Office pursuant to this Act;
11        (g)  To receive and  accept,  from  any  source,  aid  or
12    contributions of money, property or labor for the furtherance
13    of  this  Act  and  collect  fees, charges or advances as the
14    Department may determine in connection with its financing;
15        (h)  To establish application, notification, contract and
16    other  procedures  and  other  procedures  and  rules  deemed
17    necessary and appropriate by the  Office  to  carry  out  the
18    provisions of this Act;
19        (i)  To  foreclose  any  mortgage,  deed  of trust, note,
20    debenture, bond or other security interest held by the Office
21    and to take all such actions as may be necessary  to  enforce
22    any obligation held by the Office;
23        (j)  To   analyze   opportunities   and  needs  of  rural
24    communities, primarily those  communities  experiencing  farm
25    worker   distress   including   consultation   with  regional
26    commissions, governments, or  diversification  organizations,
27    and  work to strengthen the coordination of existing programs
28    offered through the Office, the  Department  of  Agriculture,
29    the  Department  of  Natural  Resources, the Illinois Finance
30    Farm Development Authority, the Cooperative Extension Service
31    and  others  for  rural  and  agribusiness  development   and
32    assistance; and
33        (k)  To cooperate with an existing committee comprised of
34    representatives from the Office, the Rural Affairs Council or
 
SB1075 Enrolled            -204-     LRB093 08352 JAM 08571 b
 1    its  successor,  the  Department of Agriculture, the Illinois
 2    Finance Farm Development Authority and others  to  coordinate
 3    departmental  policies  with  other  State  agencies  and  to
 4    promote agricultural and rural diversification in the State.
 5        (l)  To  exercise  such other right, powers and duties as
 6    are necessary to fulfill the purposes of this Act.
 7    (Source: P.A. 89-445, eff. 2-7-96.)

 8        (20 ILCS 690/5) (from Ch. 5, par. 2255)
 9        Sec.   5.    Agricultural   and   rural   diversification
10    financing. (a) The Office's financing  to  or  on  behalf  of
11    rural  businesses or agribusinesses in the State shall be for
12    the purpose of assisting in  the  cost  of  agricultural  and
13    rural  diversification  projects  including  (i) acquisition,
14    construction,    reconstruction,     replacement,     repair,
15    rehabilitation,  alteration,  expansion  or extension of real
16    property, buildings or machinery and equipment  but  not  the
17    acquisition of unimproved land for the production of crops or
18    livestock;  (ii)  working  capital  items  including  but not
19    limited  to,  inventory,  accounts  receivable  and   prepaid
20    expenses;  (iii)  organizational  expenses including, but not
21    limited  to,  architectural  and  engineering  costs,   legal
22    services,  marketing  analyses, production analyses, or other
23    professional services; (iv)  needed  leasehold  improvements,
24    easements,  and  other  amenities required to prepare a site;
25    (v) information, technical support and  technical  assistance
26    contracts  to  local  officials  or  not-for-profit  agencies
27    regarding  private,  state and federal resources, programs or
28    grant  assistances  and  the  needs  and  opportunities   for
29    diversification;  and (vi) when conducted in cooperation with
30    federal reimbursement  programs,  financing  costs  including
31    guarantee  fees,  packaging fees and origination fees but not
32    debt refinancing.
33        (b)  Agricultural or rural diversification financing to a
 
SB1075 Enrolled            -205-     LRB093 08352 JAM 08571 b
 1    rural business or agribusiness under this Act shall  be  used
 2    only  where  it  can  be shown that the agricultural or rural
 3    diversification project for which financing is  being  sought
 4    has  the  potential  to  achieve  commercial success and will
 5    increase employment, directly or indirectly retain  jobs,  or
 6    promote local diversification.
 7        (c)  The   Office  shall  establish  an  internal  review
 8    committee with the Director of the Rural Affairs Council,  or
 9    his  designee, the Director of the Department of Agriculture,
10    or his designee, and the Director  of  the  Illinois  Finance
11    Farm  Development  Authority,  or his designee, as members to
12    assist in the review of all project applications.
13        (d)  The Office shall not provide financing  to  a  rural
14    business  or  agribusiness  unless  the  application includes
15    convincing evidence that a  specific  agricultural  or  rural
16    diversification project is ready to occur and will only occur
17    if the financing is made.  The Office shall also consider the
18    applicability  of  other  state and federal programs prior to
19    financing any project.
20    (Source: P.A. 85-180.)

21        Section 890-33.  The Emergency Farm Credit Allocation Act
22    is amended by changing Sections 3 and 4 as follows:

23        (20 ILCS 3610/3) (from Ch. 5, par. 1253)
24        Sec. 3.  As used in this Act unless the context otherwise
25    requires:
26        (a)  "Applicant" means an Illinois farmer applying for an
27    operating loan.
28        (b)  "Operating loan" means a loan  to  an  applicant  in
29    connection  with  cultivating the soil, or in connection with
30    raising  or  harvesting  any  agricultural  or  horticultural
31    commodity, including the raising, feeding and  management  of
32    livestock  or poultry on a farm of which the applicant is the
 
SB1075 Enrolled            -206-     LRB093 08352 JAM 08571 b
 1    owner, tenant, or operator, for the current year's  operating
 2    expenses.
 3        (c)  "Lender"  means any federal or State chartered bank,
 4    federal land bank, production credit  association,  bank  for
 5    cooperatives,  federal  or  State  chartered savings and loan
 6    association  or  building  and  loan  association,   business
 7    investment  company or any other institution qualified within
 8    this State to originate and  service  loans,  including,  but
 9    without limitation to, insurance companies, credit unions and
10    mortgage loan companies.
11        (d)  "Payment  adjustment" means an amount of money equal
12    to one-half of the total interest payable on the principal of
13    the operating loan.
14        (e)  "Authority"  means   the   Illinois   Finance   Farm
15    Development Authority.
16        (f)  "Asset"  shall  include,  but  not be limited to the
17    following: cash crops or feed on  hand;  livestock  held  for
18    sale;   breeding  stock;  marketable  bonds  and  securities;
19    securities not readily marketable; accounts receivable; notes
20    receivable; cash invested in growing crops; net cash value of
21    life insurance; machinery and  equipment;  cars  and  trucks;
22    farm  and  other  real  estate  including  life  estates  and
23    personal  residence; value of beneficial interests in trusts;
24    government payments or grants; and any other assets.
25        (g)  "Liability" shall include, but not be limited to the
26    following: accounts payable; notes or other indebtedness owed
27    to any source; taxes;  rent;  amounts  owed  on  real  estate
28    contracts   or  real  estate  mortgages;  judgments;  accrued
29    interest payable; and any other liability.
30        (h)  "Debt to asset ratio" means the current  outstanding
31    liabilities  of the farmer divided by the current outstanding
32    assets of the farmer.
33    (Source: P.A. 84-1; 84-1106.)
 
SB1075 Enrolled            -207-     LRB093 08352 JAM 08571 b
 1        (20 ILCS 3610/4) (from Ch. 5, par. 1254)
 2        Sec. 4.  There is hereby  created  a  payment  adjustment
 3    program  to  be  administered  by  the  Illinois Finance Farm
 4    Development Authority. The Authority shall have the authority
 5    to promulgate and  adopt  rules  and  regulations  which  are
 6    consistent  with this Act. The Authority may impose a minimal
 7    fee to cover the costs of administering the program.   On  or
 8    before  May  1  of  each  of the next six years, or until all
 9    repayments have been received  on  payment  adjustments,  the
10    Authority  shall  submit a report to the General Assembly and
11    the Governor concerning the status of the payment  adjustment
12    program.   The  Authority  shall grant no payment adjustments
13    after June 15, 1986.
14    (Source: P.A. 84-1; 84-1106.)

15        Section 890-34.  The Build Illinois  Act  is  amended  by
16    changing Section 8-3 as follows:

17        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
18        Sec.  8-3.  Powers of the Department.  The Department has
19    the power to:
20        (a)  provide business development  public  infrastructure
21    loans  or  grants from appropriations from the Build Illinois
22    Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
23    Illinois'  Future, and the Public Infrastructure Construction
24    Loan Fund to  local  governments  to  provide  or  improve  a
25    community's  public  infrastructure so as to create or retain
26    private sector  jobs  pursuant  to  the  provisions  of  this
27    Article;
28        (b)  provide     affordable     financing    of    public
29    infrastructure loans and grants to, or on  behalf  of,  local
30    governments,  local  public entities, medical facilities, and
31    public health clinics from  appropriations  from  the  Public
32    Infrastructure  Construction  Loan  Fund  for  the purpose of
 
SB1075 Enrolled            -208-     LRB093 08352 JAM 08571 b
 1    assisting with the financing, or application  and  access  to
 2    financing,  of  a community's public infrastructure necessary
 3    to health, safety, and economic development;
 4        (c)  enter into agreements, accept funds or  grants,  and
 5    engage   in   cooperation   with   agencies  of  the  federal
 6    government, or state or local governments to  carry  out  the
 7    purposes  of  this  Article,  and  to  use funds appropriated
 8    pursuant  to  this  Article   to   participate   in   federal
 9    infrastructure  loan  and  grant programs upon such terms and
10    conditions as may be established by the federal government;
11        (d)  establish application, notification,  contract,  and
12    other  procedures, rules, or regulations deemed necessary and
13    appropriate to carry out the provisions of this Article;
14        (e)  coordinate  assistance  under  this   program   with
15    activities  of  the Illinois Development Finance Authority in
16    order to maximize the effectiveness and efficiency  of  State
17    development programs;
18        (f)  coordinate assistance under the Affordable Financing
19    of  Public  Infrastructure  Loan  and  Grant Program with the
20    activities of the  Illinois  Development  Finance  Authority,
21    Illinois  Rural  Bond Bank, Illinois Finance Farm Development
22    Authority, Illinois Housing Development  Authority,  Illinois
23    Environmental  Protection Agency, and other federal and State
24    programs  and  entities  providing  financing  assistance  to
25    communities  for  public   health,   safety,   and   economic
26    development infrastructure;
27        (f-5)  provide staff, administration, and related support
28    required to manage the programs authorized under this Article
29    and pay for the staffing, administration, and related support
30    from  the  Public  Infrastructure Construction Loan Revolving
31    Fund;
32        (g)  exercise such  other  powers  as  are  necessary  or
33    incidental to the foregoing.
34    (Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)
 
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 1        Section  890-35.  The Livestock Management Facilities Act
 2    is amended by changing Section 17 as follows:

 3        (510 ILCS 77/17)
 4        Sec. 17.  Financial responsibility.   Owners  of  new  or
 5    modified  lagoons registered under the provisions of this Act
 6    shall  establish   and   maintain   evidence   of   financial
 7    responsibility  to provide for the closure of the lagoons and
 8    the  proper  disposal  of  their  contents  within  the  time
 9    provisions outlined in this  Act.   Financial  responsibility
10    may be evidenced by any combination of the following:
11        (1)  Commercial or private insurance;
12        (2)  Guarantee;
13        (3)  Surety bond;
14        (4)  Letter of credit;
15        (5)  Certificate   of   Deposit   or  designated  savings
16    account;
17        (6)  Participation in a livestock  waste  lagoon  closure
18    fund   managed  by  the  Illinois  Finance  Farm  Development
19    Authority.
20        The level of surety required shall be determined by  rule
21    and  be  based  upon  the  volumetric capacity of the lagoon.
22    Surety instruments  required  under  this  Section  shall  be
23    required  after  the  effective date of rules adopted for the
24    implementation of this Act.
25    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

26        Section 890-36.  The Illinois Forestry Development Act is
27    amended by changing Sections 4 and 6a as follows:

28        (525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
29        Sec. 4. The Department shall: (a) Implement the  forestry
30    development  cost  share program created by Section 5 of this
31    Act and coordinate  with  the  United  States  Department  of
 
SB1075 Enrolled            -210-     LRB093 08352 JAM 08571 b
 1    Agriculture  - Soil Conservation Service and the Agricultural
 2    Stabilization and Conservation Service in the  administration
 3    of such program.
 4        (b)  Approve  acceptable  forestry  management  plans  as
 5    required by Section 5 of this Act.
 6        (c)  Provide   assistance  to  the  Illinois  Council  on
 7    Forestry Development.
 8        (d)  Promote  the  development  of  an  active   forestry
 9    industry  in  this  State  by providing information to timber
10    growers  relating   to   acceptable   management   practices,
11    suitability of various kinds of timber to various land types,
12    marketability  of  various types of timber, market strategies
13    including marketing cooperatives, availability of  State  and
14    federal  government  assistance,  soil and water conservation
15    benefits, and wildlife habitat enhancement opportunities.
16        (e)  Provide any aid  or  information  requested  by  the
17    Illinois  Finance  Farm  Development Authority in relation to
18    forestry industry assistance programs implemented  under  the
19    "Illinois Finance Authority Farm Development Act".
20    (Source: P.A. 86-779.)

21        (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
22        (Section scheduled to be repealed on December 31, 2008)
23        Sec. 6a. Illinois Forestry Development Council.
24        (a)  The  Illinois Forestry Development Council is hereby
25    re-created  by  this  amendatory  Act  of  the  91st  General
26    Assembly.
27        (b)  The Council shall consist of 24 members appointed as
28    follows:
29             (1)  four  members  of  the  General  Assembly,  one
30        appointed by the President of the Senate,  one  appointed
31        by  the  Senate  Minority  Leader,  one  appointed by the
32        Speaker  of  the  House  of  Representatives,   and   one
33        appointed by the House Minority Leader;
 
SB1075 Enrolled            -211-     LRB093 08352 JAM 08571 b
 1             (2)  one   member   appointed  by  the  Governor  to
 2        represent the Governor;
 3             (3)  the Directors of  the  Departments  of  Natural
 4        Resources,   Agriculture,   and  Commerce  and  Community
 5        Affairs, the Executive Director of the  Illinois  Finance
 6        Farm  Development  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
10        Agriculture    at   Southern   Illinois   University   at
11        Carbondale;
12             (5)  the head of the Department of Natural Resources
13        and Environmental Sciences  or  a  forestry  academician,
14        appointed by the Dean of Agriculture at the University of
15        Illinois;
16             (6)  two  members,  appointed  by  the Governor, who
17        shall be private timber growers;
18             (7)  one member, appointed by the president  of  the
19        Illinois Wood Products Association, who shall be involved
20        in primary forestry industry;
21             (8)  one  member,  appointed by the president of the
22        Illinois Wood Products Association, who shall be involved
23        in secondary forestry industry;
24             (9)  one  member  who  is   actively   involved   in
25        environmental issues, appointed by the Governor;
26             (10)  the  president  of the Association of Illinois
27        Soil and Water Conservation Districts;
28             (11)  two  persons  who  are  actively  engaged   in
29        farming, appointed by the Governor;
30             (12)  one  member,  appointed by the Governor, whose
31        primary area of expertise is urban forestry;
32             (13)  one member appointed by the President  of  the
33        Illinois Arborists Association;
34             (14)  the  Supervisor of the Shawnee National Forest
 
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 1        and the United States Department of  Agriculture  Natural
 2        Resource Conservation Service's State Conservationist, ex
 3        officio, or their designees.
 4        (c)  Members   of   the   Council   shall  serve  without
 5    compensation but shall  be  reimbursed  for  actual  expenses
 6    incurred  in  the  performance  of their duties which are not
 7    otherwise reimbursed.
 8        (d)  The Council  shall  select  from  its  membership  a
 9    chairperson   and   such   other  officers  as  it  considers
10    necessary.
11        (e)  Other individuals, agencies and organizations may be
12    invited to participate as deemed advisable by the Council.
13        (f)  The Council shall study and  evaluate  the  forestry
14    resources  and  forestry  industry  of Illinois.  The Council
15    shall:
16             (1)  determine the magnitude, nature and  extent  of
17        the State's forestry resources;
18             (2)  determine   current  uses  and  project  future
19        demand for forest  products,  services  and  benefits  in
20        Illinois;
21             (3)  determine    and    evaluate    the   ownership
22        characteristics of the State's forests, the  motives  for
23        forest  ownership and the success of incentives necessary
24        to stimulate development of forest resources;
25             (4)  determine   the   economic   development    and
26        management   opportunities   that   could   result   from
27        improvements   in   local  and  regional  forest  product
28        marketing and from the establishment of new or additional
29        wood-related businesses in Illinois;
30             (5)  confer  with  and  offer  assistance   to   the
31        Illinois  Finance  Farm Development Authority relating to
32        its implementation of forest industry assistance programs
33        authorized  by  the  Illinois  Finance   Authority   Farm
34        Development Act;
 
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 1             (6)  determine   the  opportunities  for  increasing
 2        employment and economic  growth  through  development  of
 3        forest resources;
 4             (7)  determine  the  effect  of current governmental
 5        policies and regulations on the management  of  woodlands
 6        and the location of wood products markets;
 7             (8)  determine  the  staffing  and funding needs for
 8        forestry and other conservation programs to  support  and
 9        enhance forest resources development;
10             (9)  determine   the  needs  of  forestry  education
11        programs in this State;
12             (10)  confer  with  and  offer  assistance  to   the
13        Department   of   Natural   Resources   relating  to  the
14        implementation  of  urban  forestry   assistance   grants
15        pursuant  to  the Urban and Community Forestry Assistance
16        Act; and
17             (11)  determine soil and water conservation benefits
18        and wildlife habitat enhancement opportunities  that  can
19        be promoted through approved forestry management plans.
20        (g)  The  Council  shall  report  (i)  its  findings  and
21    recommendations   for   future  State  action  and  (ii)  its
22    evaluation of Urban/Community Forestry Assistance  Grants  to
23    the General Assembly no later than July 1 of each year.
24        (h)  This Section 6a is repealed December 31, 2008.
25    (Source: P.A. 90-809, eff. 12-31-98; 91-157, eff. 7-16-99.)

26        Section  890-37.   The  Public  Funds  Investment  Act is
27    amended by changing Section 6 as follows:

28        (30 ILCS 235/6) (from Ch. 85, par. 906)
29        Sec. 6. Report of financial institutions.
30        (a)  No bank shall receive any public funds unless it has
31    furnished  the  corporate  authorities  of  a  public  agency
32    submitting a deposit  with  copies  of  the  last  two  sworn
 
SB1075 Enrolled            -214-     LRB093 08352 JAM 08571 b
 1    statements  of  resources  and  liabilities which the bank is
 2    required to furnish to the Commissioner  of  Banks  and  Real
 3    Estate  or  to  the  Comptroller  of the Currency.  Each bank
 4    designated as a depository  for  public  funds  shall,  while
 5    acting  as such depository, furnish the corporate authorities
 6    of a public agency with a copy of all statements of resources
 7    and liabilities which  it  is  required  to  furnish  to  the
 8    Commissioner  of  Banks and Real Estate or to the Comptroller
 9    of the Currency; provided, that if such funds or  moneys  are
10    deposited  in  a  bank,  the  amount of all such deposits not
11    collateralized  or  insured  by  an  agency  of  the  federal
12    government shall not exceed 75%  of  the  capital  stock  and
13    surplus  of  such  bank,  and  the corporate authorities of a
14    public agency submitting a deposit shall  not  be  discharged
15    from  responsibility for any funds or moneys deposited in any
16    bank in excess of such limitation.
17        (b)  No savings bank  or  savings  and  loan  association
18    shall  receive  public  funds  unless  it  has  furnished the
19    corporate authorities of a public agency submitting a deposit
20    with copies of the last 2 sworn statements of  resources  and
21    liabilities  which  the  savings  bank  or  savings  and loan
22    association is required to furnish  to  the  Commissioner  of
23    Banks  and  Real  Estate  or  the  Federal  Deposit Insurance
24    Corporation.   Each  savings  bank  or   savings   and   loan
25    association  designated  as  a  depository  for  public funds
26    shall, while acting as such depository, furnish the corporate
27    authorities of a public agency with a copy of all  statements
28    of  resources and liabilities which it is required to furnish
29    to the Commissioner of Banks and Real Estate or  the  Federal
30    Deposit  Insurance  Corporation; provided, that if such funds
31    or moneys are deposited in a savings bank or savings and loan
32    association,  the   amount   of   all   such   deposits   not
33    collateralized  or  insured  by  an  agency  of  the  federal
34    government  shall  not  exceed  75%  of the net worth of such
 
SB1075 Enrolled            -215-     LRB093 08352 JAM 08571 b
 1    savings bank or savings and loan association  as  defined  by
 2    the  Federal Deposit Insurance Corporation, and the corporate
 3    authorities of a public agency submitting a deposit shall not
 4    be discharged from responsibility for  any  funds  or  moneys
 5    deposited in any savings bank or savings and loan association
 6    in excess of such limitation.
 7        (c)  No credit union shall receive public funds unless it
 8    has  furnished  the  corporate authorities of a public agency
 9    submitting a share  deposit  with  copies  of  the  last  two
10    reports  of  examination  prepared  by  or  submitted  to the
11    Illinois Department of Financial Institutions or the National
12    Credit Union Administration.  Each credit union designated as
13    a depository for public funds shall,  while  acting  as  such
14    depository,  furnish  the  corporate  authorities of a public
15    agency with a copy of all reports of examination prepared  by
16    or   furnished   to  the  Illinois  Department  of  Financial
17    Institutions or the  National  Credit  Union  Administration;
18    provided  that  if  such  funds  or  moneys are invested in a
19    credit union account, the amount of all such investments  not
20    collateralized  or  insured  by  an  agency  of  the  federal
21    government  or  other approved share insurer shall not exceed
22    50% of the unimpaired capital  and  surplus  of  such  credit
23    union,  which  shall  include  shares, reserves and undivided
24    earnings and the corporate authorities  of  a  public  agency
25    making   an   investment   shall   not   be  discharged  from
26    responsibility for any funds or moneys invested in  a  credit
27    union in excess of such limitation.
28        (d)  Whenever  a  public agency deposits any public funds
29    in a financial institution, the public agency may enter  into
30    an  agreement  with  the  financial institution requiring any
31    funds  not  insured  by   the   Federal   Deposit   Insurance
32    Corporation  or  the  National Credit Union Administration or
33    other  approved  share  insurer  to  be   collateralized   by
34    securities,  mortgages, letters of credit issued by a Federal
 
SB1075 Enrolled            -216-     LRB093 08352 JAM 08571 b
 1    Home Loan Bank, or loans covered by a  State  Guaranty  under
 2    the  Illinois  Finance  Authority  Farm Development Act in an
 3    amount equal to at least market value of that amount of funds
 4    deposited exceeding the insurance limitation provided by  the
 5    Federal  Deposit Insurance Corporation or the National Credit
 6    Union Administration or other approved share insurer.
 7        (e)  Paragraphs (a), (b), (c), and (d) of this Section do
 8    not apply to the University of  Illinois,  Southern  Illinois
 9    University,   Chicago   State  University,  Eastern  Illinois
10    University,  Governors  State  University,   Illinois   State
11    University,   Northeastern   Illinois   University,  Northern
12    Illinois  University,  Western   Illinois   University,   the
13    Cooperative Computer Center and public community colleges.
14    (Source: P.A. 91-324, eff. 1-1-00; 91-773, eff. 6-9-00.)

15        Section  890-38.  The Children and Family Services Act is
16    amended by changing Section 22.4 as follows:

17        (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
18        Sec. 22.4. Low-interest loans for child care  facilities;
19    Department   of  Human  Services.  The  Department  of  Human
20    Services may establish, with financing to be provided through
21    the  issuance  of  bonds  by  the  Illinois  Finance   Health
22    Facilities  Authority pursuant to the Illinois Finance Health
23    Facilities Authority Act, as  now  or  hereafter  amended,  a
24    low-interest  loan  program  to  help  child care centers and
25    family day care homes accomplish the following:
26             (a)  establish a child care program;
27             (b)  meet  federal,  State  and  local  child   care
28        standards  as  well  as  any applicable health and safety
29        standards; or
30             (c)  build facilities or renovate or expand existing
31        facilities.
32        Such loans shall be available only to child care  centers
 
SB1075 Enrolled            -217-     LRB093 08352 JAM 08571 b
 1    and  family  day  care  homes  serving children of low income
 2    families.
 3    (Source: P.A. 89-507, eff. 7-1-97.)

 4        Section  890-39.   The  Energy  Conservation   and   Coal
 5    Development Act is amended by changing Section 15 as follows:

 6        (20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
 7        Sec.  15.   (a)  The  Department, in cooperation with the
 8    Illinois Development Finance  Authority,  shall  establish  a
 9    program  to  assist  units of local government, as defined in
10    the Illinois Development Finance Authority Act,  to  identify
11    and  arrange  financing  for energy conservation projects for
12    buildings and facilities owned or leased by  those  units  of
13    local government.
14        (b)  The  Department,  in  cooperation  with the Illinois
15    Finance  Health  Facilities  Authority,  shall  establish   a
16    program  to  assist health facilities to identify and arrange
17    financing for energy conservation projects for buildings  and
18    facilities owned or leased by those health facilities.
19    (Source: P.A. 87-852; 88-45.)

20        Section  890-40.  The Illinois Public Aid Code is amended
21    by changing Sections 11-3 and 11-3.3 as follows:

22        (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
23        Sec. 11-3.  Assignment and attachment of aid  prohibited.
24    Except  as  provided  below  in  this  Section and in Section
25    11-3.3, all financial aid given under Articles  III,  IV,  V,
26    and VI and money payments for child care services provided by
27    a  child care provider under Articles IX and IXA shall not be
28    subject to  assignment,  sale,  attachment,  garnishment,  or
29    otherwise.   Provided, however, that a medical vendor may use
30    his right to receive vendor payments as collateral for  loans
 
SB1075 Enrolled            -218-     LRB093 08352 JAM 08571 b
 1    from  financial  institutions so long as such arrangements do
 2    not  constitute  any  activity   prohibited   under   Section
 3    1902(a)(32)  of  the  Social  Security  Act  and  regulations
 4    promulgated  thereunder,  or  any  other  applicable  laws or
 5    regulations. Provided further, however,  that  a  medical  or
 6    other  vendor  or  a  service  provider may assign, reassign,
 7    sell, pledge  or  grant  a  security  interest  in  any  such
 8    financial  aid,  vendor  payments or money payments or grants
 9    which he has a right  to  receive  to  the  Illinois  Finance
10    Health Facilities Authority, in connection with any financing
11    program  undertaken by the Illinois Finance Health Facilities
12    Authority, or to the Illinois Development Finance  Authority,
13    in  connection  with  any financing program undertaken by the
14    Illinois Development Finance Authority.  Each  Authority  may
15    utilize  a trustee or agent to accept, accomplish, effectuate
16    or realize upon  any  such  assignment,  reassignment,  sale,
17    pledge or grant on that Authority's behalf. Provided further,
18    however,  that  nothing  herein  shall  prevent  the Illinois
19    Department from collecting any assessment, fee,  interest  or
20    penalty   due   under  Article  V-A,  V-B,  V-C,  or  V-E  by
21    withholding financial aid as payment of such assessment, fee,
22    interest, or penalty. Any alienation in contravention of this
23    statute does not diminish and does not affect  the  validity,
24    legality  or enforceability of any underlying obligations for
25    which such  alienation  may  have  been  made  as  collateral
26    between  the  parties to the alienation.  This amendatory Act
27    shall be retroactive in  application  and  shall  pertain  to
28    obligations existing prior to its enactment.
29    (Source: P.A. 92-111, eff. 1-1-02.)

30        (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
31        Sec.  11-3.3.  Payment to provider or governmental agency
32    or entity.  Payments under this Code shall  be  made  to  the
33    provider,  except  that the Department may issue or may agree
 
SB1075 Enrolled            -219-     LRB093 08352 JAM 08571 b
 1    to issue the payment directly to the Illinois Finance  Health
 2    Facilities   Authority,   the  Illinois  Development  Finance
 3    Authority,  or  any  other  governmental  agency  or  entity,
 4    including any bond trustee for that agency or entity, to whom
 5    the provider  has  assigned,  reassigned,  sold,  pledged  or
 6    granted a security interest in the payments that the provider
 7    has  a  right  to  receive,  provided  that  the  issuance or
 8    agreement  to  issue  is   not   prohibited   under   Section
 9    1902(a)(32) of the Social Security Act.
10    (Source: P.A. 87-842.)

11        Section  890-41.  The AIDS Confidentiality Act is amended
12    by changing Section 3 as follows:

13        (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
14        Sec. 3.  When used in this Act:
15        (a)  "Department" means the Illinois Department of Public
16    Health.
17        (b)  "AIDS" means acquired immunodeficiency syndrome.
18        (c)  "HIV" means the Human Immunodeficiency Virus or  any
19    other identified causative agent of AIDS.
20        (d)  "Written  informed  consent"  means  an agreement in
21    writing executed by the subject of a test  or  the  subject's
22    legally authorized representative without undue inducement or
23    any  element of force, fraud, deceit, duress or other form of
24    constraint or coercion, which entails at least the following:
25        (1)  a  fair  explanation  of  the  test,  including  its
26    purpose, potential uses, limitations and the meaning  of  its
27    results; and
28        (2)  a fair explanation of the procedures to be followed,
29    including  the  voluntary  nature  of  the test, the right to
30    withdraw consent to the testing  process  at  any  time,  the
31    right to anonymity to the extent provided by law with respect
32    to  participation in the test and disclosure of test results,
 
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 1    and  the  right  to  confidential  treatment  of  information
 2    identifying the subject of the test and the  results  of  the
 3    test, to the extent provided by law.
 4        (e)  "Health  facility"  means  a hospital, nursing home,
 5    blood bank, blood center, sperm bank, or  other  health  care
 6    institution,  including any "health facility" as that term is
 7    defined in the Illinois Finance Health  Facilities  Authority
 8    Act.
 9        (f)  "Health  care  provider" means any physician, nurse,
10    paramedic, psychologist or other  person  providing  medical,
11    nursing,  psychological, or other health care services of any
12    kind.
13        (g)  "Test" or "HIV test" means a test to  determine  the
14    presence  of  the  antibody  or  antigen  to  HIV,  or of HIV
15    infection.
16        (h)  "Person" includes any natural  person,  partnership,
17    association,   joint  venture,  trust,  governmental  entity,
18    public or private corporation, health facility or other legal
19    entity.
20    (Source: P.A. 85-677; 85-679.)

21        Section 890-42.  The State Employees Group Insurance  Act
22    of 1971 is amended by changing Section 3 as follows:

23        (5 ILCS 375/3) (from Ch. 127, par. 523)
24        Sec.   3.  Definitions.   Unless  the  context  otherwise
25    requires, the following words and phrases as used in this Act
26    shall have the following meanings.  The Department may define
27    these and other words and phrases separately for the  purpose
28    of  implementing  specific  programs providing benefits under
29    this Act.
30        (a)  "Administrative  service  organization"  means   any
31    person,  firm  or  corporation experienced in the handling of
32    claims  which  is  fully  qualified,  financially  sound  and
 
SB1075 Enrolled            -221-     LRB093 08352 JAM 08571 b
 1    capable of meeting the service requirements of a contract  of
 2    administration executed with the Department.
 3        (b)  "Annuitant"  means  (1)  an employee who retires, or
 4    has retired, on or after January  1,  1966  on  an  immediate
 5    annuity under the provisions of Articles 2, 14, 15 (including
 6    an  employee  who  has  retired under the optional retirement
 7    program established under Section 15-158.2), paragraphs  (2),
 8    (3),  or (5) of Section 16-106, or Article 18 of the Illinois
 9    Pension  Code;  (2)  any  person  who  was  receiving   group
10    insurance  coverage  under  this  Act as of March 31, 1978 by
11    reason of his status as an annuitant, even though the annuity
12    in  relation  to  which  such  coverage  was  provided  is  a
13    proportional annuity based on less than the minimum period of
14    service required for  a  retirement  annuity  in  the  system
15    involved;  (3)  any  person not otherwise covered by this Act
16    who has retired as a participating member under Article 2  of
17    the   Illinois   Pension  Code  but  is  ineligible  for  the
18    retirement  annuity  under  Section  2-119  of  the  Illinois
19    Pension Code; (4) the spouse of any person who is receiving a
20    retirement annuity under Article 18 of the  Illinois  Pension
21    Code  and  who  is  covered  under  a  group health insurance
22    program sponsored by a governmental employer other  than  the
23    State  of  Illinois  and who has irrevocably elected to waive
24    his or her coverage under this Act and to  have  his  or  her
25    spouse  considered  as the "annuitant" under this Act and not
26    as a "dependent"; or (5) an  employee  who  retires,  or  has
27    retired,  from  a qualified position, as determined according
28    to rules promulgated by the Director, under a qualified local
29    government  or  a  qualified  rehabilitation  facility  or  a
30    qualified  domestic  violence  shelter   or   service.   (For
31    definition of "retired employee", see (p) post).
32        (b-5)  "New  SERS  annuitant"  means  a person who, on or
33    after January 1, 1998, becomes an annuitant,  as  defined  in
34    subsection   (b),   by  virtue  of  beginning  to  receive  a
 
SB1075 Enrolled            -222-     LRB093 08352 JAM 08571 b
 1    retirement annuity under Article 14 of the  Illinois  Pension
 2    Code,  and is eligible to participate in the basic program of
 3    group health benefits provided for annuitants under this Act.
 4        (b-6)  "New SURS annuitant" means a person who (1) on  or
 5    after  January  1,  1998, becomes an annuitant, as defined in
 6    subsection  (b),  by  virtue  of  beginning  to   receive   a
 7    retirement  annuity  under Article 15 of the Illinois Pension
 8    Code, (2) has not made the election authorized under  Section
 9    15-135.1 of the Illinois Pension Code, and (3) is eligible to
10    participate  in  the  basic  program of group health benefits
11    provided for annuitants under this Act.
12        (b-7)  "New TRS State annuitant" means a person  who,  on
13    or  after  July  1, 1998, becomes an annuitant, as defined in
14    subsection  (b),  by  virtue  of  beginning  to   receive   a
15    retirement  annuity  under Article 16 of the Illinois Pension
16    Code based on service as a teacher as  defined  in  paragraph
17    (2),  (3),  or  (5)  of  Section  16-106 of that Code, and is
18    eligible to participate in the basic program of group  health
19    benefits provided for annuitants under this Act.
20        (c)  "Carrier"   means   (1)   an  insurance  company,  a
21    corporation  organized  under  the  Limited  Health   Service
22    Organization Act or the Voluntary Health Services Plan Act, a
23    partnership,  or other nongovernmental organization, which is
24    authorized  to  do  group  life  or  group  health  insurance
25    business in Illinois, or (2)  the  State  of  Illinois  as  a
26    self-insurer.
27        (d)  "Compensation"  means  salary  or wages payable on a
28    regular payroll by the State Treasurer on a  warrant  of  the
29    State Comptroller out of any State, trust or federal fund, or
30    by  the Governor of the State through a disbursing officer of
31    the State out of a trust or out of federal funds, or  by  any
32    Department  out  of State, trust, federal or other funds held
33    by the State Treasurer or the Department, to any  person  for
34    personal   services  currently  performed,  and  ordinary  or
 
SB1075 Enrolled            -223-     LRB093 08352 JAM 08571 b
 1    accidental disability  benefits  under  Articles  2,  14,  15
 2    (including  ordinary  or accidental disability benefits under
 3    the optional retirement  program  established  under  Section
 4    15-158.2),  paragraphs (2), (3), or (5) of Section 16-106, or
 5    Article 18 of  the  Illinois  Pension  Code,  for  disability
 6    incurred after January 1, 1966, or benefits payable under the
 7    Workers'   Compensation   or  Occupational  Diseases  Act  or
 8    benefits  payable  under  a  sick  pay  plan  established  in
 9    accordance  with  Section  36  of  the  State  Finance   Act.
10    "Compensation" also means salary or wages paid to an employee
11    of any qualified local government or qualified rehabilitation
12    facility or a qualified domestic violence shelter or service.
13        (e)  "Commission"   means   the   State  Employees  Group
14    Insurance  Advisory  Commission  authorized  by   this   Act.
15    Commencing  July  1,  1984,  "Commission" as used in this Act
16    means  the  Illinois  Economic  and  Fiscal   Commission   as
17    established  by the Legislative Commission Reorganization Act
18    of 1984.
19        (f)  "Contributory", when  referred  to  as  contributory
20    coverage,  shall  mean optional coverages or benefits elected
21    by the member toward the cost  of  which  such  member  makes
22    contribution, or which are funded in whole or in part through
23    the acceptance of a reduction in earnings or the foregoing of
24    an increase in earnings by an employee, as distinguished from
25    noncontributory  coverage or benefits which are paid entirely
26    by the State of Illinois without reduction  of  the  member's
27    salary.
28        (g)  "Department"   means  any  department,  institution,
29    board, commission, officer, court or any agency of the  State
30    government  receiving  appropriations  and  having  power  to
31    certify  payrolls  to the Comptroller authorizing payments of
32    salary and wages against such appropriations as are  made  by
33    the  General  Assembly  from any State fund, or against trust
34    funds held by the State  Treasurer  and  includes  boards  of
 
SB1075 Enrolled            -224-     LRB093 08352 JAM 08571 b
 1    trustees of the retirement systems created by Articles 2, 14,
 2    15,  16  and  18  of the Illinois Pension Code.  "Department"
 3    also includes the  Illinois  Comprehensive  Health  Insurance
 4    Board,  the Board of Examiners established under the Illinois
 5    Public Accounting Act, and  the  Illinois  Finance  Authority
 6    Rural Bond Bank.
 7        (h)  "Dependent", when the term is used in the context of
 8    the  health  and  life  plan, means a member's spouse and any
 9    unmarried child (1) from birth to age 19 including an adopted
10    child, a child who lives with the member from the time of the
11    filing of a petition for adoption until entry of an order  of
12    adoption,  a stepchild or recognized child who lives with the
13    member in a parent-child relationship, or a child  who  lives
14    with  the member if such member is a court appointed guardian
15    of the child, or (2) age 19 to 23  enrolled  as  a  full-time
16    student  in any accredited school, financially dependent upon
17    the member, and eligible to be claimed  as  a  dependent  for
18    income tax purposes, or (3) age 19 or over who is mentally or
19    physically  handicapped.  For  the health plan only, the term
20    "dependent" also includes any person enrolled  prior  to  the
21    effective  date  of  this  Section  who is dependent upon the
22    member to the extent that the member may claim such person as
23    a dependent for income tax deduction purposes; no other  such
24    person  may  be  enrolled. For the health plan only, the term
25    "dependent" also includes any person who has  received  after
26    June  30,  2000  an  organ  transplant and who is financially
27    dependent upon the member and eligible to  be  claimed  as  a
28    dependent for income tax purposes.
29        (i)  "Director"   means  the  Director  of  the  Illinois
30    Department of Central Management Services.
31        (j)  "Eligibility period" means  the  period  of  time  a
32    member  has  to  elect  enrollment  in  programs or to select
33    benefits without regard to age, sex or health.
34        (k)  "Employee"  means  and  includes  each  officer   or
 
SB1075 Enrolled            -225-     LRB093 08352 JAM 08571 b
 1    employee  in the service of a department who (1) receives his
 2    compensation for service rendered  to  the  department  on  a
 3    warrant   issued   pursuant  to  a  payroll  certified  by  a
 4    department or on a warrant or check issued  and  drawn  by  a
 5    department  upon  a  trust,  federal  or  other  fund or on a
 6    warrant issued pursuant to a payroll certified by an  elected
 7    or  duly  appointed  officer  of  the  State  or who receives
 8    payment of the performance of personal services on a  warrant
 9    issued  pursuant  to  a payroll certified by a Department and
10    drawn by the Comptroller upon  the  State  Treasurer  against
11    appropriations  made by the General Assembly from any fund or
12    against trust funds held by the State Treasurer, and  (2)  is
13    employed  full-time  or  part-time  in  a  position  normally
14    requiring actual performance of duty during not less than 1/2
15    of  a  normal  work period, as established by the Director in
16    cooperation with each department, except that persons elected
17    by popular vote  will  be  considered  employees  during  the
18    entire  term  for  which they are elected regardless of hours
19    devoted to the service of the  State,  and  (3)  except  that
20    "employee" does not include any person who is not eligible by
21    reason  of  such person's employment to participate in one of
22    the State retirement systems under Articles 2, 14, 15 (either
23    the regular Article 15  system  or  the  optional  retirement
24    program  established  under Section 15-158.2) or 18, or under
25    paragraph (2), (3), or (5) of Section 16-106, of the Illinois
26    Pension Code, but such term  does  include  persons  who  are
27    employed  during  the 6 month qualifying period under Article
28    14 of the Illinois Pension Code.  Such term also includes any
29    person who (1) after January 1, 1966, is  receiving  ordinary
30    or  accidental  disability  benefits under Articles 2, 14, 15
31    (including ordinary or accidental disability  benefits  under
32    the  optional  retirement  program  established under Section
33    15-158.2), paragraphs (2), (3), or (5) of Section 16-106,  or
34    Article  18  of  the  Illinois  Pension  Code, for disability
 
SB1075 Enrolled            -226-     LRB093 08352 JAM 08571 b
 1    incurred after January 1, 1966, (2) receives total  permanent
 2    or total temporary disability under the Workers' Compensation
 3    Act  or  Occupational  Disease  Act  as  a result of injuries
 4    sustained or illness contracted in the course  of  employment
 5    with  the  State of Illinois, or (3) is not otherwise covered
 6    under this Act and has  retired  as  a  participating  member
 7    under   Article  2  of  the  Illinois  Pension  Code  but  is
 8    ineligible for the retirement annuity under Section 2-119  of
 9    the  Illinois  Pension Code.  However, a person who satisfies
10    the criteria of the foregoing definition of "employee" except
11    that such person is made ineligible  to  participate  in  the
12    State   Universities  Retirement  System  by  clause  (4)  of
13    subsection (a) of Section 15-107 of the Illinois Pension Code
14    is  also  an  "employee"  for  the  purposes  of  this   Act.
15    "Employee" also includes any person receiving or eligible for
16    benefits under a sick pay plan established in accordance with
17    Section 36 of the State Finance Act. "Employee" also includes
18    each  officer or employee in the service of a qualified local
19    government,  including  persons  appointed  as  trustees   of
20    sanitary districts regardless of hours devoted to the service
21    of the sanitary district, and each employee in the service of
22    a   qualified  rehabilitation  facility  and  each  full-time
23    employee in the service  of  a  qualified  domestic  violence
24    shelter   or   service,  as  determined  according  to  rules
25    promulgated by the Director.
26        (l)  "Member"  means  an  employee,  annuitant,   retired
27    employee or survivor.
28        (m)  "Optional   coverages   or   benefits"  means  those
29    coverages or benefits available to the member on his  or  her
30    voluntary election, and at his or her own expense.
31        (n)  "Program"  means  the  group  life insurance, health
32    benefits and other employee benefits designed and  contracted
33    for by the Director under this Act.
34        (o)  "Health   plan"  means  a  health  benefits  program
 
SB1075 Enrolled            -227-     LRB093 08352 JAM 08571 b
 1    offered by the State of Illinois for persons eligible for the
 2    plan.
 3        (p)  "Retired employee" means any person who would be  an
 4    annuitant  as  that  term  is defined herein but for the fact
 5    that such person retired prior to January 1, 1966.  Such term
 6    also includes any person formerly employed by the  University
 7    of Illinois in the Cooperative Extension Service who would be
 8    an  annuitant  but  for  the  fact  that such person was made
 9    ineligible  to  participate   in   the   State   Universities
10    Retirement  System by clause (4) of subsection (a) of Section
11    15-107 of the Illinois Pension Code.
12        (q)  "Survivor" means a person receiving an annuity as  a
13    survivor  of an employee or of an annuitant.  "Survivor" also
14    includes:  (1)  the  surviving  dependent  of  a  person  who
15    satisfies the  definition  of  "employee"  except  that  such
16    person  is  made  ineligible  to  participate  in  the  State
17    Universities  Retirement  System  by clause (4) of subsection
18    (a) of Section 15-107 of the Illinois Pension Code;  and  (2)
19    the  surviving  dependent  of any person formerly employed by
20    the University  of  Illinois  in  the  Cooperative  Extension
21    Service  who  would  be an annuitant except for the fact that
22    such person was made ineligible to participate in  the  State
23    Universities  Retirement  System  by clause (4) of subsection
24    (a) of Section 15-107 of the Illinois Pension Code.
25        (q-5)  "New SERS survivor" means a survivor,  as  defined
26    in  subsection (q), whose annuity is paid under Article 14 of
27    the Illinois Pension Code and is based on the death of (i) an
28    employee whose death occurs on or after January 1,  1998,  or
29    (ii) a new SERS annuitant as defined in subsection (b-5).
30        (q-6)  "New  SURS  survivor" means a survivor, as defined
31    in subsection (q), whose annuity is paid under Article 15  of
32    the Illinois Pension Code and is based on the death of (i) an
33    employee  whose  death occurs on or after January 1, 1998, or
34    (ii) a new SURS annuitant as defined in subsection (b-6).
 
SB1075 Enrolled            -228-     LRB093 08352 JAM 08571 b
 1        (q-7)  "New TRS State  survivor"  means  a  survivor,  as
 2    defined  in  subsection  (q),  whose  annuity  is  paid under
 3    Article 16 of the Illinois Pension Code and is based  on  the
 4    death  of  (i)  an  employee  who  is a teacher as defined in
 5    paragraph (2), (3), or (5) of Section 16-106 of that Code and
 6    whose death occurs on or after July 1, 1998, or  (ii)  a  new
 7    TRS State annuitant as defined in subsection (b-7).
 8        (r)  "Medical   services"  means  the  services  provided
 9    within the scope of their licenses by  practitioners  in  all
10    categories licensed under the Medical Practice Act of 1987.
11        (s)  "Unit   of   local  government"  means  any  county,
12    municipality,  township,   school   district   (including   a
13    combination  of  school districts under the Intergovernmental
14    Cooperation Act), special district or other unit,  designated
15    as a unit of local government by law, which exercises limited
16    governmental   powers   or   powers  in  respect  to  limited
17    governmental subjects, any not-for-profit association with  a
18    membership  that  primarily  includes  townships and township
19    officials, that has duties that include provision of research
20    service, dissemination of information, and other acts for the
21    purpose of improving township government, and that is  funded
22    wholly  or  partly  in  accordance  with Section 85-15 of the
23    Township Code; any not-for-profit corporation or association,
24    with a membership  consisting  primarily  of  municipalities,
25    that  operates its own utility system, and provides research,
26    training, dissemination of  information,  or  other  acts  to
27    promote  cooperation  between  and  among municipalities that
28    provide utility services and for the advancement of the goals
29    and  purposes  of  its  membership;  the  Southern   Illinois
30    Collegiate  Common  Market,  which  is a consortium of higher
31    education institutions in Southern Illinois; and the Illinois
32    Association of Park Districts.  "Qualified local  government"
33    means a unit of local government approved by the Director and
34    participating  in  a  program created under subsection (i) of
 
SB1075 Enrolled            -229-     LRB093 08352 JAM 08571 b
 1    Section 10 of this Act.
 2        (t)  "Qualified  rehabilitation   facility"   means   any
 3    not-for-profit   organization   that  is  accredited  by  the
 4    Commission on Accreditation of Rehabilitation  Facilities  or
 5    certified  by  the Department of Human Services (as successor
 6    to  the  Department  of  Mental  Health   and   Developmental
 7    Disabilities)   to   provide   services   to   persons   with
 8    disabilities  and  which  receives  funds  from  the State of
 9    Illinois  for  providing  those  services,  approved  by  the
10    Director  and  participating  in  a  program  created   under
11    subsection (j) of Section 10 of this Act.
12        (u)  "Qualified  domestic  violence  shelter  or service"
13    means any Illinois domestic violence shelter or  service  and
14    its  administrative offices funded by the Department of Human
15    Services (as successor to the Illinois Department  of  Public
16    Aid), approved by the Director and participating in a program
17    created under subsection (k) of Section 10.
18        (v)  "TRS benefit recipient" means a person who:
19             (1)  is  not  a "member" as defined in this Section;
20        and
21             (2)  is receiving a monthly  benefit  or  retirement
22        annuity  under  Article  16 of the Illinois Pension Code;
23        and
24             (3)  either (i) has at least 8 years  of  creditable
25        service under Article 16 of the Illinois Pension Code, or
26        (ii) was enrolled in the health insurance program offered
27        under  that  Article  on January 1, 1996, or (iii) is the
28        survivor of a benefit recipient who had at least 8  years
29        of  creditable  service  under Article 16 of the Illinois
30        Pension Code or was  enrolled  in  the  health  insurance
31        program  offered under that Article on the effective date
32        of this amendatory Act of 1995, or (iv) is a recipient or
33        survivor of a recipient of  a  disability  benefit  under
34        Article 16 of the Illinois Pension Code.
 
SB1075 Enrolled            -230-     LRB093 08352 JAM 08571 b
 1        (w)  "TRS dependent beneficiary" means a person who:
 2             (1)  is  not a "member" or "dependent" as defined in
 3        this Section; and
 4             (2)  is a TRS benefit recipient's: (A)  spouse,  (B)
 5        dependent parent who is receiving at least half of his or
 6        her  support  from  the  TRS  benefit  recipient,  or (C)
 7        unmarried natural or adopted child who is (i)  under  age
 8        19,  or  (ii)  enrolled  as  a  full-time  student  in an
 9        accredited school, financially  dependent  upon  the  TRS
10        benefit  recipient, eligible to be claimed as a dependent
11        for income tax purposes, and either is under  age  24  or
12        was,  on  January  1,  1996, participating as a dependent
13        beneficiary in the health insurance program offered under
14        Article 16 of the Illinois Pension Code, or (iii) age  19
15        or over who is mentally or physically handicapped.
16        (x)  "Military  leave  with  pay  and benefits" refers to
17    individuals in basic training for reserves,  special/advanced
18    training,  annual  training, emergency call up, or activation
19    by the President of the United States with approved  pay  and
20    benefits.
21        (y)  "Military  leave without pay and benefits" refers to
22    individuals who enlist for active duty in a regular component
23    of the U.S. Armed Forces  or  other  duty  not  specified  or
24    authorized under military leave with pay and benefits.
25        (z)  "Community college benefit recipient" means a person
26    who:
27             (1)  is  not  a "member" as defined in this Section;
28        and
29             (2)  is receiving a monthly  survivor's  annuity  or
30        retirement  annuity  under  Article  15  of  the Illinois
31        Pension Code; and
32             (3)  either  (i)  was  a  full-time  employee  of  a
33        community college district or an association of community
34        college boards created under the Public Community College
 
SB1075 Enrolled            -231-     LRB093 08352 JAM 08571 b
 1        Act (other than an employee  whose  last  employer  under
 2        Article  15  of the Illinois Pension Code was a community
 3        college district subject to Article  VII  of  the  Public
 4        Community College Act) and was eligible to participate in
 5        a  group  health  benefit  plan as an employee during the
 6        time of employment  with  a  community  college  district
 7        (other  than  a  community  college  district  subject to
 8        Article VII of the Public Community College  Act)  or  an
 9        association  of  community college boards, or (ii) is the
10        survivor of a person described in item (i).
11        (aa)  "Community college dependent beneficiary"  means  a
12    person who:
13             (1)  is  not a "member" or "dependent" as defined in
14        this Section; and
15             (2)  is a community college benefit recipient's: (A)
16        spouse, (B) dependent parent who is  receiving  at  least
17        half  of  his  or  her support from the community college
18        benefit recipient, or (C) unmarried  natural  or  adopted
19        child  who  is  (i)  under  age 19, or (ii) enrolled as a
20        full-time student in an  accredited  school,  financially
21        dependent  upon  the community college benefit recipient,
22        eligible to be claimed as  a  dependent  for  income  tax
23        purposes  and  under  age 23, or (iii) age 19 or over and
24        mentally or physically handicapped.
25    (Source: P.A. 91-390, eff.  7-30-99;  91-395,  eff.  7-30-99;
26    91-617,  eff.  8-19-99;  92-16,  eff.  6-28-01;  92-186, eff.
27    1-1-02; 92-204, eff. 8-1-01; 92-651, eff. 7-11-02.)

28        Section 890-43.  The Build Illinois  Act  is  amended  by
29    changing Section 8-3 as follows:

30        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
31        Sec.  8-3.  Powers of the Department.  The Department has
32    the power to:
 
SB1075 Enrolled            -232-     LRB093 08352 JAM 08571 b
 1        (a)  provide business development  public  infrastructure
 2    loans  or  grants from appropriations from the Build Illinois
 3    Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
 4    Illinois'  Future, and the Public Infrastructure Construction
 5    Loan Fund to  local  governments  to  provide  or  improve  a
 6    community's  public  infrastructure so as to create or retain
 7    private sector  jobs  pursuant  to  the  provisions  of  this
 8    Article;
 9        (b)  provide     affordable     financing    of    public
10    infrastructure loans and grants to, or on  behalf  of,  local
11    governments,  local  public entities, medical facilities, and
12    public health clinics from  appropriations  from  the  Public
13    Infrastructure  Construction  Loan  Fund  for  the purpose of
14    assisting with the financing, or application  and  access  to
15    financing,  of  a community's public infrastructure necessary
16    to health, safety, and economic development;
17        (c)  enter into agreements, accept funds or  grants,  and
18    engage   in   cooperation   with   agencies  of  the  federal
19    government, or state or local governments to  carry  out  the
20    purposes  of  this  Article,  and  to  use funds appropriated
21    pursuant  to  this  Article   to   participate   in   federal
22    infrastructure  loan  and  grant programs upon such terms and
23    conditions as may be established by the federal government;
24        (d)  establish application, notification,  contract,  and
25    other  procedures, rules, or regulations deemed necessary and
26    appropriate to carry out the provisions of this Article;
27        (e)  coordinate  assistance  under  this   program   with
28    activities  of  the Illinois Development Finance Authority in
29    order to maximize the effectiveness and efficiency  of  State
30    development programs;
31        (f)  coordinate assistance under the Affordable Financing
32    of  Public  Infrastructure  Loan  and  Grant Program with the
33    activities of the  Illinois  Development  Finance  Authority,
34    Illinois  Finance  Authority  Rural  Bond Bank, Illinois Farm
 
SB1075 Enrolled            -233-     LRB093 08352 JAM 08571 b
 1    Development   Authority,   Illinois    Housing    Development
 2    Authority,  Illinois  Environmental  Protection  Agency,  and
 3    other  federal  and  State  programs  and  entities providing
 4    financing  assistance  to  communities  for  public   health,
 5    safety, and economic development infrastructure;
 6        (f-5)  provide staff, administration, and related support
 7    required to manage the programs authorized under this Article
 8    and pay for the staffing, administration, and related support
 9    from  the  Public  Infrastructure Construction Loan Revolving
10    Fund;
11        (g)  exercise such  other  powers  as  are  necessary  or
12    incidental to the foregoing.
13    (Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)

14        Section  890-44.  The Illinois Pension Code is amended by
15    changing Section 14-103.04 as follows:

16        (40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
17        Sec.   14-103.04.    Department.     "Department":    Any
18    department,  institution,  board, commission, officer, court,
19    or any agency of the State having power to  certify  payrolls
20    to  the  State  Comptroller authorizing payments of salary or
21    wages against State appropriations, or  against  trust  funds
22    held   by  the  State  Treasurer,  except  those  departments
23    included under the term "employer" in the State  Universities
24    Retirement   System.    "Department"  includes  the  Illinois
25    Development Finance Authority.   "Department"  also  includes
26    the  Illinois  Comprehensive  Health  Insurance Board and the
27    Illinois Finance Authority Rural Bond Bank.
28    (Source: P.A. 90-511, eff. 8-22-97.)

29        Section 890-90.  The following Acts are repealed:

30        (20 ILCS 3505/Act rep.)
 
SB1075 Enrolled            -234-     LRB093 08352 JAM 08571 b
 1        The Illinois Development Finance Authority Act.

 2        (20 ILCS 3605/Act rep.)
 3        The Illinois Farm Development Act.

 4        (20 ILCS 3705/Act rep.)
 5        The Illinois Health Facilities Authority Act.

 6        (20 ILCS 3850/Act rep.)
 7        The Illinois Research Park Authority Act.

 8        (30 ILCS 360/Act rep.)
 9        The Rural Bond Bank Act.

10        (110 ILCS 1015/Act rep.)
11        The Illinois Educational Facilities Authority Act.

12        (315 ILCS 15/Act rep.)
13        The Illinois Community  Development  Finance  Corporation
14    Act.

15                             ARTICLE 999

16        Section  999-99.  Effective  date.  This Act takes effect
17    on January 1, 2004.