093_SB1075ham002

 










                                     LRB093 08352 SJM 17243 a

 1                    AMENDMENT TO SENATE BILL 1075

 2        AMENDMENT NO.     .  Amend Senate Bill 1075, AS  AMENDED,
 3    by replacing the title with the following:
 4        "AN ACT concerning finance."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7                            "ARTICLE 801
 8                         GENERAL PROVISIONS

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

13        Section  801-5.  Findings  and declaration of policy. The
14    General Assembly hereby finds, determines and declares:
15        (a) that there are a number of existing State authorities
16    authorized to issue bonds to  alleviate  the  conditions  and
17    promote  the  objectives  set  forth  below; and to provide a
18    stronger,  better  coordinated  development  effort,  it   is
19    determined  to  be  in  the interest of promoting the health,
20    safety, morals and general welfare of all the people  of  the
 
                            -2-      LRB093 08352 SJM 17243 a
 1    State  to  consolidate  certain  of such existing authorities
 2    into one finance authority;
 3        (b) that involuntary  unemployment  affects  the  health,
 4    safety, morals and general welfare of the people of the State
 5    of Illinois;
 6        (c)  that the economic burdens resulting from involuntary
 7    unemployment fall in part upon  the  State  in  the  form  of
 8    public  assistance and reduced tax revenues, and in the event
 9    the unemployed worker and his  family  migrate  elsewhere  to
10    find  work,  may  also fall upon the municipalities and other
11    taxing districts within the areas of unemployment in the form
12    of reduced tax revenues, thereby endangering their  financial
13    ability  to support necessary governmental services for their
14    remaining inhabitants;
15        (d) that a vigorous growing economy is the  basic  source
16    of job opportunities;
17        (e) that protection against involuntary unemployment, its
18    economic  burdens  and  the spread of economic stagnation can
19    best be provided by promoting,  attracting,  stimulating  and
20    revitalizing  industry,  manufacturing  and  commerce  in the
21    State;
22        (f) that the State has a responsibility to help create  a
23    favorable  climate for new and improved job opportunities for
24    its citizens by encouraging  the  development  of  commercial
25    businesses and industrial and manufacturing plants within the
26    State;
27        (g) that increased availability of funds for construction
28    of  new  facilities  and  the  expansion  and  improvement of
29    existing   facilities   for   industrial,   commercial    and
30    manufacturing  facilities  will provide for new and continued
31    employment in the construction  industry  and  alleviate  the
32    burden of unemployment;
33        (h)  that in the absence of direct governmental subsidies
34    the unaided operations of private enterprise do  not  provide
 
                            -3-      LRB093 08352 SJM 17243 a
 1    sufficient    resources    for    residential   construction,
 2    rehabilitation, rental or purchase,  and  that  support  from
 3    housing   related  commercial  facilities  is  one  means  of
 4    stimulating residential construction, rehabilitation,  rental
 5    and purchase;
 6        (i)  that  it is in the public interest and the policy of
 7    this State to foster and promote by all reasonable means  the
 8    provision  of  adequate  capital  markets  and facilities for
 9    borrowing money by units of local  government,  and  for  the
10    financing  of  their respective public improvements and other
11    governmental purposes within the State from proceeds of bonds
12    or notes issued by those governmental units;  and  to  assist
13    local  governmental units in fulfilling their needs for those
14    purposes by use of creation of indebtedness;
15        (j) that it is in the public interest and the  policy  of
16    this  State  to  the  extent possible, to reduce the costs of
17    indebtedness to taxpayers and residents of this State and  to
18    encourage  continued  investor  interest  in  the purchase of
19    bonds or notes of governmental units as sound  and  preferred
20    securities  for  investment;  and  to  encourage governmental
21    units to continue their independent  undertakings  of  public
22    improvements   and   other   governmental  purposes  and  the
23    financing thereof, and to assist them in those activities  by
24    making  funds available at reduced interest costs for orderly
25    financing of those purposes,  especially  during  periods  of
26    restricted credit or money supply, and particularly for those
27    governmental  units  not  otherwise  able to borrow for those
28    purposes;
29        (k) that in this State the  following  conditions  exist:
30    (i)   an   inadequate  supply  of  funds  at  interest  rates
31    sufficiently low to enable persons engaged in agriculture  in
32    this  State  to  pursue  agricultural  operations  at present
33    levels; (ii)  that  such  inability  to  pursue  agricultural
34    operations  lessens  the  supply  of agricultural commodities
 
                            -4-      LRB093 08352 SJM 17243 a
 1    available to fulfill the needs of the citizens of this State;
 2    (iii) that such inability to  continue  operations  decreases
 3    available  employment in the agricultural sector of the State
 4    and results in unemployment and its attendant problems;  (iv)
 5    that  such  conditions prevent the acquisition of an adequate
 6    capital stock of farm equipment and machinery, much of  which
 7    is  manufactured  in  this  State,  therefore  impairing  the
 8    productivity  of  agricultural  land  and,  further,  causing
 9    unemployment or lack of appropriate increase in employment in
10    such manufacturing; (v) that such conditions are conducive to
11    consolidation  of  acreage  of  agricultural  land with fewer
12    individuals living and  farming  on  the  traditional  family
13    farm;  (vi)  that  these  conditions  result  in  a  loss  in
14    population,  unemployment  and movement of persons from rural
15    to urban areas accompanied by added costs to communities  for
16    creation  of  new  public facilities and services; (vii) that
17    there have been recurrent shortages of funds for agricultural
18    purposes from private market sources at reasonable  rates  of
19    interest;  (viii) that these shortages have made the sale and
20    purchase of agricultural land to  family  farmers  a  virtual
21    impossibility  in  many  parts  of  the  State; (ix) that the
22    ordinary operations of private enterprise  have  not  in  the
23    past corrected these conditions; and (x) that a stable supply
24    of  adequate  funds for agricultural financing is required to
25    encourage family farmers in an orderly and  sustained  manner
26    and to reduce the problems described above;
27        (l)  that  for  the benefit of the people of the State of
28    Illinois, the conduct and increase  of  their  commerce,  the
29    protection  and enhancement of their welfare, the development
30    of continued prosperity and the improvement of  their  health
31    and  living conditions it is essential that all the people of
32    the State be given the fullest opportunity to  learn  and  to
33    develop  their intellectual and mental capacities and skills;
34    that to achieve these ends it is  of  the  utmost  importance
 
                            -5-      LRB093 08352 SJM 17243 a
 1    that  private  institutions  of  higher  education within the
 2    State be provided with appropriate additional means to assist
 3    the people of the State in achieving the required  levels  of
 4    learning  and  development  of  their intellectual and mental
 5    capacities and skills and that cultural  institutions  within
 6    the  State  be  provided with appropriate additional means to
 7    expand the services and resources which they  offer  for  the
 8    cultural,  intellectual, scientific, educational and artistic
 9    enrichment of the people of the State;
10        (m) that in order to foster civic and neighborhood pride,
11    citizens require access to  facilities  such  as  educational
12    institutions,    recreation,    parks    and   open   spaces,
13    entertainment and sports, a reliable transportation  network,
14    cultural  facilities  and  theaters  and  other facilities as
15    authorized by this Act, and that it is the best interests  of
16    the  State  to  lower  the  costs  of  all such facilities by
17    providing financing through the State; and
18        (n) that to  preserve  and  protect  the  health  of  the
19    citizens  of  the  State, and lower the costs of health care,
20    that financing  for  health  facilities  should  be  provided
21    through the State; and it is hereby declared to be the policy
22    of  the  State,  in  the  interest  of  promoting the health,
23    safety, morals and general welfare of all the people  of  the
24    State, to address the conditions noted above, to increase job
25    opportunities  and  to  retain existing jobs in the State, by
26    making available  through  the  Illinois  Finance  Authority,
27    hereinafter  created,  funds for the development, improvement
28    and  creation  of  industrial,  housing,  local   government,
29    educational,  health,  public  purpose and other projects; to
30    issue its bonds and notes to make funds at reduced rates  and
31    on  more  favorable terms for borrowing by local governmental
32    units through the purchase of  the  bonds  or  notes  of  the
33    governmental  units;  and  to  make  or acquire loans for the
34    acquisition and development of  agricultural  facilities;  to
 
                            -6-      LRB093 08352 SJM 17243 a
 1    provide   financing   for   private  institutions  of  higher
 2    education, cultural institutions, health facilities and other
 3    facilities and projects as authorized by  this  Act;  and  to
 4    grant   broad   powers   to  Illinois  Finance  Authority  to
 5    accomplish and to carry out these policies of the State which
 6    are in the public interest of the State and of its  taxpayers
 7    and residents.

 8        Section   801-10.   Definitions.   The  following  terms,
 9    whenever used or referred to in  this  Act,  shall  have  the
10    following  meanings,  except  in  such  instances  where  the
11    context may clearly indicate otherwise:
12        (a)  The  term  "Authority"  means  the  Illinois Finance
13    Authority created by this Act.
14        (b) The  term  "project"  means  an  industrial  project,
15    housing  project,  public  purpose  project, higher education
16    project,  health  facility  project,   cultural   institution
17    project, agricultural facility or agribusiness, and "project"
18    may  include  any combination of one or more of the foregoing
19    undertaken jointly by any  person  with  one  or  more  other
20    persons, but "project" shall not include any facility used or
21    to  be  used  for  sectarian  instruction  or  as  a place of
22    religious worship nor any facility which is  used  or  to  be
23    used  primarily in connection with any part of the program of
24    a  school  or  department  of  divinity  for  any   religious
25    denomination or the training of ministers, priests, rabbis or
26    other professional persons in the field of religion.
27        (c)  The  term "public purpose project" means any project
28    or facility including  without  limitation  land,  buildings,
29    structures,  machinery,  equipment  and  all  other  real and
30    personal property, which is authorized or required by law  to
31    be    acquired,    constructed,    improved,   rehabilitated,
32    reconstructed,  replaced  or  maintained  by  any   unit   of
33    government  or  any  other  lawful  public  purpose  which is
 
                            -7-      LRB093 08352 SJM 17243 a
 1    authorized or required by law to be undertaken by any unit of
 2    government.
 3        (d) The term "industrial project" means the  acquisition,
 4    construction,   refurbishment,   creation,   development   or
 5    redevelopment  of  any  facility,  equipment, machinery, real
 6    property or personal property for use by any  instrumentality
 7    of  the  State  or its political subdivisions, for use by any
 8    person or institution, public or private, for profit  or  not
 9    for  profit,  or  for use in any trade or business including,
10    but  not  limited  to,  any  industrial,   manufacturing   or
11    commercial  enterprise  and  which  is  (1) a capital project
12    including but  not  limited  to:  (i)  land  and  any  rights
13    therein,   one   or   more  buildings,  structures  or  other
14    improvements, machinery and equipment, whether  now  existing
15    or hereafter acquired, and whether or not located on the same
16    site   or   sites;  (ii)  all  appurtenances  and  facilities
17    incidental to the foregoing, including, but  not  limited  to
18    utilities, access roads, railroad sidings, track, docking and
19    similar  facilities,  parking  facilities, dockage, wharfage,
20    railroad roadbed, track, trestle, depot, terminal,  switching
21    and  signaling  or  related  equipment,  site preparation and
22    landscaping; and (iii) all  non-capital  costs  and  expenses
23    relating   thereto   or  (2)  any  addition  to,  renovation,
24    rehabilitation or improvement of a capital project or (3) any
25    activity or undertaking which the Authority  determines  will
26    aid,  assist  or  encourage  economic  growth, development or
27    redevelopment within the State  or  any  area  thereof,  will
28    promote   the  expansion,  retention  or  diversification  of
29    employment opportunities within the State or any area thereof
30    or will aid in stabilizing  or  developing  any  industry  or
31    economic  sector  of  the State economy. The term "industrial
32    project" also means the production of motion pictures.
33        (e) The term "bond" or "bonds" shall include bonds, notes
34    (including  bond,  grant  or  revenue  anticipation   notes),
 
                            -8-      LRB093 08352 SJM 17243 a
 1    certificates   and   or   other   evidences  of  indebtedness
 2    representing an obligation to pay money, including  refunding
 3    bonds.
 4        (f)  The  terms  "lease  agreement"  and "loan agreement"
 5    shall mean: (i) an agreement whereby a  project  acquired  by
 6    the  Authority  by  purchase,  gift or lease is leased to any
 7    person, corporation or unit of local  government  which  will
 8    use  or  cause  the  project  to  be  used  as  a  project as
 9    heretofore defined upon  terms  providing  for  lease  rental
10    payments  at  least  sufficient to pay when due all principal
11    of, interest and  premium,  if  any,  on  any  bonds  of  the
12    Authority  issued with respect to such project, providing for
13    the maintenance, insuring and operation  of  the  project  on
14    terms   satisfactory   to   the   Authority,   providing  for
15    disposition of the project  upon  termination  of  the  lease
16    term,  including  purchase  options  or  abandonment  of  the
17    premises,  and such other terms as may be deemed desirable by
18    the Authority, or (ii) any agreement pursuant  to  which  the
19    Authority  agrees  to  loan  the proceeds of its bonds issued
20    with respect to a project or other funds of the Authority  to
21    any  person which will use or cause the project to be used as
22    a project as heretofore defined upon terms providing for loan
23    repayment installments at least sufficient to  pay  when  due
24    all  principal of, interest and premium, if any, on any bonds
25    of the Authority, if any, issued with respect to the project,
26    and providing for maintenance, insurance and other matters as
27    may be deemed desirable by the Authority.
28        (g) The term "financial aid"  means  the  expenditure  of
29    Authority  funds  or  funds provided by the Authority through
30    the issuance of  its  bonds,  notes  or  other  evidences  of
31    indebtedness  or  from  other  sources  for  the development,
32    construction, acquisition or improvement of a project.
33        (h) The term "person" means an  individual,  corporation,
34    unit   of   government,   business   trust,   estate,  trust,
 
                            -9-      LRB093 08352 SJM 17243 a
 1    partnership or association, 2 or more persons having a  joint
 2    or common interest, or any other legal entity.
 3        (i)  The  term  "unit  of  government"  means the federal
 4    government, the State or unit of local government,  a  school
 5    district,  or any agency or instrumentality, office, officer,
 6    department,  division,   bureau,   commission,   college   or
 7    university thereof.
 8        (j)  The  term "health facility" means: (a) any public or
 9    private institution, place, building, or agency  required  to
10    be  licensed under the Hospital Licensing Act; (b) any public
11    or private institution, place, building, or  agency  required
12    to  be  licensed  under  the  Nursing  Home Care Act; (c) any
13    public or licensed private hospital as defined in the  Mental
14    Health  and  Developmental  Disabilities  Code;  (d) any such
15    facility exempted from such licensure when  the  Director  of
16    Public  Health  attests that such exempted facility meets the
17    statutory definition of a facility subject to licensure;  (e)
18    any  other  public  or  private  health  service institution,
19    place, building, or  agency  which  the  Director  of  Public
20    Health  attests is subject to certification by the Secretary,
21    U.S. Department of Health and Human Services under the Social
22    Security Act, as now  or  hereafter  amended,  or  which  the
23    Director   of   Public   Health   attests   is   subject   to
24    standard-setting   by   a   recognized  public  or  voluntary
25    accrediting or standard-setting agency;  (f)  any  public  or
26    private  institution,  place,  building  or agency engaged in
27    providing  one  or  more  supporting  services  to  a  health
28    facility; (g)  any  public  or  private  institution,  place,
29    building  or  agency  engaged  in  providing  training in the
30    healing  arts,  including  but  not  limited  to  schools  of
31    medicine,   dentistry,   osteopathy,   optometry,   podiatry,
32    pharmacy or nursing,  schools  for  the  training  of  x-ray,
33    laboratory  or  other health care technicians and schools for
34    the training of para-professionals in the health care  field;
 
                            -10-     LRB093 08352 SJM 17243 a
 1    (h)  any  public or private congregate, life or extended care
 2    or elderly housing facility or any public or private home for
 3    the  aged  or  infirm,  including,  without  limitation,  any
 4    Facility as defined in the Life Care Facilities Act; (i)  any
 5    public    or    private   mental,   emotional   or   physical
 6    rehabilitation facility or any public or private educational,
 7    counseling, or rehabilitation facility  or  home,  for  those
 8    persons  with  a  developmental  disability,  those  who  are
 9    physically  ill or disabled, the emotionally disturbed, those
10    persons with a mental illness or  persons  with  learning  or
11    similar  disabilities  or problems; (j) any public or private
12    alcohol,  drug  or  substance  abuse  diagnosis,   counseling
13    treatment  or  rehabilitation  facility,  (k)  any  public or
14    private institution, place, building or  agency  licensed  by
15    the  Department  of  Children and Family Services or which is
16    not so licensed but which the Director of Children and Family
17    Services attests provides child care, child welfare or  other
18    services  of  the type provided by facilities subject to such
19    licensure; (l) any  public  or  private  adoption  agency  or
20    facility;  and  (m) any public or private blood bank or blood
21    center. "Health facility" also  means  a  public  or  private
22    structure  or  structures  suitable  primarily  for  use as a
23    laboratory, laundry, nurses or  interns  residence  or  other
24    housing or hotel facility used in whole or in part for staff,
25    employees   or  students  and  their  families,  patients  or
26    relatives of patients admitted for treatment  or  care  in  a
27    health facility, or persons conducting business with a health
28    facility,  physician's  facility, surgicenter, administration
29    building, research facility, maintenance, storage or  utility
30    facility  and  all structures or facilities related to any of
31    the foregoing or required or useful for the  operation  of  a
32    health  facility,  including  parking  or other facilities or
33    other supporting service structures required  or  useful  for
34    the orderly conduct of such health facility.
 
                            -11-     LRB093 08352 SJM 17243 a
 1        (k)  The  term "participating health institution" means a
 2    private corporation or association or public entity  of  this
 3    State,  authorized  by  the  laws of this State to provide or
 4    operate a health facility as defined in this Act  and  which,
 5    pursuant  to  the  provisions  of  this  Act,  undertakes the
 6    financing,  construction  or  acquisition  of  a  project  or
 7    undertakes  the  refunding  or  refinancing  of  obligations,
 8    loans, indebtedness or advances as provided in this Act.
 9        (l) The term "health facility project", means a  specific
10    health  facility  work  or  improvement  to  be  financed  or
11    refinanced     (including    without    limitation    through
12    reimbursement of prior expenditures), acquired,  constructed,
13    enlarged,   remodeled,  renovated,  improved,  furnished,  or
14    equipped, with funds provided in whole or in part  hereunder,
15    any   accounts  receivable,  working  capital,  liability  or
16    insurance cost or operating expense financing or  refinancing
17    program of a health facility with or involving funds provided
18    in whole or in part hereunder, or any combination thereof.
19        (m)  The  term  "bond resolution" means the resolution or
20    resolutions authorizing the issuance of, or  providing  terms
21    and  conditions  related  to, bonds issued under this Act and
22    includes,  where  appropriate,  any  trust  agreement,  trust
23    indenture, indenture of mortgage or deed of  trust  providing
24    terms and conditions for such bonds.
25        (n) The term "property" means any real, personal or mixed
26    property,  whether  tangible  or  intangible, or any interest
27    therein, including,  without  limitation,  any  real  estate,
28    leasehold  interests,  appurtenances,  buildings,  easements,
29    equipment,  furnishings,  furniture, improvements, machinery,
30    rights of way, structures, accounts, contract rights  or  any
31    interest therein.
32        (o)  The  term  "revenues"  means,  with  respect  to any
33    project,  the  rents,  fees,  charges,  interest,   principal
34    repayments,  collections  and  other income or profit derived
 
                            -12-     LRB093 08352 SJM 17243 a
 1    therefrom.
 2        (p) The term "higher education project,"  means,  in  the
 3    case  of  a  private  institution  of  higher  education,  an
 4    educational  facility  to be acquired, constructed, enlarged,
 5    remodeled, renovated, improved, furnished,  or  equipped,  or
 6    any combination thereof.
 7        (q)  The  term  "cultural institution project," means, in
 8    the case of a cultural institution, a cultural facility to be
 9    acquired,  constructed,   enlarged,   remodeled,   renovated,
10    improved, furnished, or equipped, or any combination thereof.
11        (r)  The  term  "educational facility" means any property
12    located within the State constructed or  acquired  before  or
13    after the effective date of this Act, which is or will be, in
14    whole  or  in  part,  suitable  for the instruction, feeding,
15    recreation or housing of students, the conducting of research
16    or other work of a private institution of  higher  education,
17    the  use  by  a  private  institution  of higher education in
18    connection with  any  educational,  research  or  related  or
19    incidental activities then being or to be conducted by it, or
20    any   combination   of   the  foregoing,  including,  without
21    limitation, any such property  suitable  for  use  as  or  in
22    connection with any one or more of the following: an academic
23    facility,  administrative  facility,  agricultural  facility,
24    assembly   hall,   athletic   facility,  auditorium,  boating
25    facility, campus, communication facility, computer  facility,
26    continuing   education   facility,  classroom,  dining  hall,
27    dormitory, exhibition  hall,  fire  fighting  facility,  fire
28    prevention  facility,  food service and preparation facility,
29    gymnasium,  greenhouse,  health  care   facility,   hospital,
30    housing,   instructional   facility,   laboratory,   library,
31    maintenance  facility,  medical  facility,  museum,  offices,
32    parking   area,  physical  education  facility,  recreational
33    facility,  research  facility,  stadium,  storage   facility,
34    student   union,  study  facility,  theatre  or  utility.  An
 
                            -13-     LRB093 08352 SJM 17243 a
 1    educational facility shall not include any property  used  or
 2    to  be  used for sectarian instruction or study or as a place
 3    for  devotional  activities  or  religious  worship  nor  any
 4    property which is used or to be used primarily in  connection
 5    with  any  part  of  the program of a school or department of
 6    divinity for any religious denomination.
 7        (s) The  term  "cultural  facility"  means  any  property
 8    located  within  the  State constructed or acquired before or
 9    after the effective date of this Act, which is or will be, in
10    whole or in part, suitable for  the  particular  purposes  or
11    needs   of   a   cultural   institution,  including,  without
12    limitation, any such property  suitable  for  use  as  or  in
13    connection  with  any  one  or  more  of  the  following:  an
14    administrative facility, aquarium, assembly hall, auditorium,
15    botanical   garden,  exhibition  hall,  gallery,  greenhouse,
16    library, museum, scientific laboratory, theater or zoological
17    facility, and shall also include, without limitation,  books,
18    works of art or music, animal, plant or aquatic life or other
19    items  for  display,  exhibition  or  performance.  The  term
20    "cultural   facility"  includes  buildings  on  the  National
21    Register of Historic Places which are owned  or  operated  by
22    nonprofit entities. A cultural facility shall not include any
23    property  used  or  to  be  used for sectarian instruction or
24    study or as a place for devotional  activities  or  religious
25    worship  nor  any  property  which  is  used  or  to  be used
26    primarily in connection with any part of  the  program  of  a
27    school   or   department   of   divinity  for  any  religious
28    denomination.
29        (t) "Private institution of higher education" means a not
30    for profit educational institution which is not owned by  the
31    State  or any political subdivision, agency, instrumentality,
32    district or municipality thereof, which is authorized by  law
33    to  provide  a  program  of  education beyond the high school
34    level and which:
 
                            -14-     LRB093 08352 SJM 17243 a
 1             (1) Admits  as  regular  students  only  individuals
 2        having a certificate of graduation from a high school, or
 3        the recognized equivalent of such a certificate;
 4             (2)  Provides  an  educational  program for which it
 5        awards a bachelor's degree, or  provides  an  educational
 6        program,  admission  into  which  is conditioned upon the
 7        prior  attainment  of  a   bachelor's   degree   or   its
 8        equivalent, for which it awards a postgraduate degree, or
 9        provides   not  less  than  a  2-year  program  which  is
10        acceptable for full  credit  toward  such  a  degree,  or
11        offers  a  2-year program in engineering, mathematics, or
12        the physical or biological sciences which is designed  to
13        prepare  the  student  to  work  as a technician and at a
14        semiprofessional level  in  engineering,  scientific,  or
15        other    technological    fields    which   require   the
16        understanding  and  application  of  basic   engineering,
17        scientific, or mathematical principles or knowledge;
18             (3)   Is   accredited  by  a  nationally  recognized
19        accrediting  agency  or  association  or,   if   not   so
20        accredited, is an institution whose credits are accepted,
21        on transfer, by not less than 3 institutions which are so
22        accredited,   for   credit   on  the  same  basis  as  if
23        transferred from an institution so accredited, and  holds
24        an  unrevoked  certificate  of approval under the Private
25        College Act from the Board of  Higher  Education,  or  is
26        qualified  as  a  "degree granting institution" under the
27        Academic Degree Act; and
28             (4)  Does  not  discriminate  in  the  admission  of
29        students on the basis of race, color or  creed.  "Private
30        institution   of  higher  education"  also  includes  any
31        "academic institution".
32        (u) The term "academic institution"  means  any  not  for
33    profit  institution  which  is  not owned by the State or any
34    political subdivision, agency, instrumentality,  district  or
 
                            -15-     LRB093 08352 SJM 17243 a
 1    municipality   thereof,  which  institution  engages  in,  or
 2    facilitates academic, scientific, educational or professional
 3    research or learning in a field or fields of study taught  at
 4    a   private   institution   of   higher  education.  Academic
 5    institutions   include,   without   limitation,    libraries,
 6    archives,  academic,  scientific, educational or professional
 7    societies, institutions, associations or  foundations  having
 8    such  purposes.  Academic  institution  does  not include any
 9    school or any institution primarily engaged in  religious  or
10    sectarian activities.
11        (v)  The  term  "cultural  institution" means any not for
12    profit institution which is not owned by  the  State  or  any
13    political  subdivision,  agency, instrumentality, district or
14    municipality  thereof,  which  institution  engages  in   the
15    cultural,  intellectual,  scientific, educational or artistic
16    enrichment of the people of the State. Cultural  institutions
17    include,  without  limitation,  aquaria, botanical societies,
18    historical societies,  libraries,  museums,  performing  arts
19    associations   or   societies,   scientific   societies   and
20    zoological  societies.  Cultural institution does not include
21    any institution primarily engaged in religious  or  sectarian
22    activities.
23        (w) The term "affiliate" means, with respect to financing
24    of  an  agricultural facility or an agribusiness, any lender,
25    any person, firm  or  corporation  controlled  by,  or  under
26    common  control  with,  such  lender, and any person, firm or
27    corporation controlling such lender.
28        (x) The term  "agricultural  facility"  means  land,  any
29    building  or  other  improvement  thereon or thereto, and any
30    personal properties deemed necessary  or  suitable  for  use,
31    whether  or  not  now in existence, in farming, ranching, the
32    production of agricultural  commodities  (including,  without
33    limitation,  the  products  of  aquaculture,  hydroponics and
34    silviculture) or the treating, processing or storing of  such
 
                            -16-     LRB093 08352 SJM 17243 a
 1    agricultural commodities when such activities are customarily
 2    engaged in by farmers as a part of farming.
 3        (y)  The  term  "lender"  with respect to financing of an
 4    agricultural facility or an agribusiness, means  any  federal
 5    or State chartered bank, Federal Land Bank, Production Credit
 6    Association,   Bank   for   Cooperatives,  federal  or  State
 7    chartered savings and loan association or building  and  loan
 8    association,  Small  Business Investment Company or any other
 9    institution qualified within  this  State  to  originate  and
10    service   loans,   including,   but  without  limitation  to,
11    insurance  companies,  credit  unions   and   mortgage   loan
12    companies. "Lender" also means a wholly owned subsidiary of a
13    manufacturer, seller or distributor of goods or services that
14    makes loans to businesses or individuals, commonly known as a
15    "captive finance company".
16        (z)    The    term    "agribusiness"   means   any   sole
17    proprietorship, limited  partnership,  co-partnership,  joint
18    venture,  corporation  or  cooperative which operates or will
19    operate a facility located within the State of Illinois  that
20    is  related  to  the  processing  of agricultural commodities
21    (including, without limitation, the products of  aquaculture,
22    hydroponics   and   silviculture)   or   the   manufacturing,
23    production   or   construction   of  agricultural  buildings,
24    structures, equipment, implements, and supplies, or any other
25    facilities or  processes  used  in  agricultural  production.
26    Agribusiness includes but is not limited to the following:
27             (1)  grain  handling and processing, including grain
28        storage, drying,  treatment,  conditioning,  mailing  and
29        packaging;
30             (2) seed and feed grain development and processing;
31             (3)   fruit   and  vegetable  processing,  including
32        preparation, canning and packaging;
33             (4) processing of livestock and livestock  products,
34        dairy  products,  poultry  and  poultry products, fish or
 
                            -17-     LRB093 08352 SJM 17243 a
 1        apiarian   products,   including   slaughter,   shearing,
 2        collecting, preparation, canning and packaging;
 3             (5)    fertilizer    and    agricultural    chemical
 4        manufacturing, processing, application and supplying;
 5             (6)  farm   machinery,   equipment   and   implement
 6        manufacturing and supplying;
 7             (7)  manufacturing  and  supplying  of  agricultural
 8        commodity  processing  machinery and equipment, including
 9        machinery and equipment  used  in  slaughter,  treatment,
10        handling,  collecting,  preparation, canning or packaging
11        of agricultural commodities;
12             (8) farm building and farm structure  manufacturing,
13        construction and supplying;
14             (9)   construction,  manufacturing,  implementation,
15        supplying or servicing of irrigation, drainage  and  soil
16        and water conservation devices or equipment;
17             (10) fuel processing and development facilities that
18        produce    fuel    from   agricultural   commodities   or
19        by-products;
20             (11) facilities and  equipment  for  processing  and
21        packaging   agricultural   commodities  specifically  for
22        export;
23             (12) facilities and equipment for  forestry  product
24        processing    and    supplying,    including   sawmilling
25        operations,  wood  chip  operations,  timber   harvesting
26        operations, and manufacturing of prefabricated buildings,
27        paper, furniture or other goods from forestry products;
28             (13)  facilities  and  equipment  for  research  and
29        development  of products, processes and equipment for the
30        production,  processing,  preparation  or  packaging   of
31        agricultural commodities and by-products.
32        (aa)  The  term  "asset" with respect to financing of any
33    agricultural facility or any agribusiness, means, but is  not
34    be  limited  to  the  following:  cash crops or feed on hand;
 
                            -18-     LRB093 08352 SJM 17243 a
 1    livestock held for sale; breeding stock; marketable bonds and
 2    securities;  securities  not  readily  marketable;   accounts
 3    receivable; notes receivable; cash invested in growing crops;
 4    net  cash  value  of life insurance; machinery and equipment;
 5    cars and trucks; farm and other real  estate  including  life
 6    estates and personal residence; value of beneficial interests
 7    in  trusts;  government  payments  or  grants;  and any other
 8    assets.
 9        (bb) The term "liability" with respect  to  financing  of
10    any  agricultural facility or any agribusiness shall include,
11    but not be limited to the following: accounts payable;  notes
12    or  other  indebtedness  owed  to  any  source;  taxes, rent;
13    amounts  owed  on  real  estate  contracts  or  real   estate
14    mortgages; judgments; accrued interest payable; and any other
15    liability.
16        (cc)  The  term  "Predecessor  Authorities"  means  those
17    authorities as described in Section 845-75.
18        (dd)  The term "housing project" means a specific work or
19    improvement  undertaken  to  provide   residential   dwelling
20    accommodations,  including  the  acquisition, construction or
21    rehabilitation of lands, buildings and  community  facilities
22    and  in connection therewith to provide nonhousing facilities
23    which are  part  of  the  housing  project,  including  land,
24    buildings,   improvements,   equipment   and   all  ancillary
25    facilities for use for  offices,  stores,  retirement  homes,
26    hotels,   financial   institutions,   service,  health  care,
27    education, recreation  or  research  establishments,  or  any
28    other  commercial purpose which are or are to be related to a
29    housing development.

30        Section 801-15. There is hereby created  a  body  politic
31    and  corporate to be known as the Illinois Finance Authority.
32    The exercise of the powers  conferred  by  law  shall  be  an
33    essential  public function. The Authority shall consist of 15
 
                            -19-     LRB093 08352 SJM 17243 a
 1    members, who shall be appointed by  the  Governor,  with  the
 2    advice and consent of the Senate. Upon the appointment of the
 3    Board  and  every  2 years thereafter, the chairperson of the
 4    Authority shall be selected  by  the  Governor  to  serve  as
 5    chairperson  for  two  years.  Appointments  to the Authority
 6    shall be persons of recognized ability and experience in  one
 7    or   more  of  the  following  areas:  economic  development,
 8    finance,  banking,  industrial  development,  small  business
 9    management,  real   estate   development,   housing,   health
10    facilities  financing,  local government financing, community
11    development,  venture   finance,   construction   and   labor
12    relations.  At  the  time  of appointment, the Governor shall
13    designate 5 members to serve until the third Monday  in  July
14    2005,  5 members to serve until the third Monday in July 2006
15    and 5 members to serve until the third Monday in  July  2007.
16    Thereafter,  appointments shall be for 3-year terms. A member
17    shall serve until his or her successor shall be appointed and
18    have qualified for  office  by  filing  the  oath  and  bond.
19    Members   of   the   Authority   shall  not  be  entitled  to
20    compensation for their services  as  members,  but  shall  be
21    entitled to reimbursement for all necessary expenses incurred
22    in  connection  with  the  performance  of  their  duties  as
23    members.  The Governor may remove any member of the Authority
24    in case of incompetence, neglect of duty, or  malfeasance  in
25    office, after service on him of a copy of the written charges
26    against him and an opportunity to be publicly heard in person
27    or  by counsel in his own defense upon not less than 10 days'
28    notice. From nominations  received  from  the  Governor,  the
29    members  of the Authority shall appoint an Executive Director
30    who shall be a person knowledgeable in the areas of financial
31    markets and instruments, to hold office for a one-year  term.
32    The  Executive Director shall be the chief administrative and
33    operational officer of the Authority  and  shall  direct  and
34    supervise  its  administrative affairs and general management
 
                            -20-     LRB093 08352 SJM 17243 a
 1    and perform such other duties as may be prescribed from  time
 2    to  time  by the members and shall receive compensation fixed
 3    by the Authority. The Executive Director or any committee  of
 4    the  members  may  carry  out  such  responsibilities  of the
 5    members as  the  members  by  resolution  may  delegate.  The
 6    Executive   Director   shall   attend  all  meetings  of  the
 7    Authority; however, no  action  of  the  Authority  shall  be
 8    invalid  on  account of the absence of the Executive Director
 9    from a meeting. The Authority may engage the services of such
10    other agents and employees, including attorneys,  appraisers,
11    engineers,    accountants,    credit   analysts   and   other
12    consultants, as it may deem advisable and may prescribe their
13    duties and fix their compensation. The Authority may  appoint
14    Advisory  Councils to (1) assist in the formulation of policy
15    goals and objectives, (2) assist in the coordination  of  the
16    delivery  of services, (3) assist in establishment of funding
17    priorities for the various activities of the  Authority,  and
18    (4)  target  the  activities  of  the  Authority  to specific
19    geographic regions. There  may  be  an  Advisory  Council  on
20    Economic  Development.  The Advisory Council shall consist of
21    no more than 12 members, who shall serve at the  pleasure  of
22    the  Authority. Members of the Advisory Council shall receive
23    no compensation for their services, but may be reimbursed for
24    expenses incurred with their service on the Advisory Council.

25        Section 801-25. All official acts of the Authority  shall
26    require  the  approval of at least 8 members. All meetings of
27    the Authority and the Advisory Councils shall be conducted in
28    accordance with the Open Meetings Act. All meetings shall  be
29    conducted  at  a  single  location  within  this  State among
30    members physically present  at  this  location.  The  Auditor
31    General  shall conduct financial audits and program audits of
32    the Authority, in accordance with the Illinois State Auditing
33    Act.
 
                            -21-     LRB093 08352 SJM 17243 a
 1        Section 801-30. The Authority possesses all the powers as
 2    a body corporate necessary and convenient to  accomplish  the
 3    purposes   of  this  Act,  including,  without  any  intended
 4    limitation upon the  general  powers  hereby  conferred,  the
 5    following:
 6        (a)  to  enter  into  loans,  contracts,  agreements  and
 7    mortgages  in  any manner connected with any of its corporate
 8    purposes and to invest its funds;
 9        (b) to sue and be sued;
10        (c)  to  employ  agents  and  employees  and  independent
11    contractors necessary to carry out its purposes  and  to  fix
12    their  compensation,  benefits  and  terms  and conditions of
13    their employment;
14        (d) to have and use a common seal and to alter  the  same
15    at pleasure;
16        (e)   to   adopt  all  needful  ordinances,  resolutions,
17    by-laws,  rules  and  regulations  for  the  conduct  of  its
18    business and affairs and for the management and  use  of  the
19    projects  developed,  constructed,  acquired  and improved in
20    furtherance of its purposes;
21        (f) to have and exercise all powers and be subject to all
22    duties otherwise necessary to effectuate the purposes of this
23    Act. If any of the powers set forth in this Act are exercised
24    within the jurisdictional limits  of  any  municipality,  all
25    ordinances of the municipality shall remain in full force and
26    effect and shall be controlling.

27        Section  801-40.  In  addition  to  the  powers otherwise
28    authorized by law and in addition to  the  foregoing  general
29    corporate powers, the Authority shall also have the following
30    additional  specific powers to be exercised in furtherance of
31    the purposes of this Act.
32        (a) The Authority shall have power (i) to accept  grants,
33    loans  or  appropriations  from the Federal government or the
 
                            -22-     LRB093 08352 SJM 17243 a
 1    State, or any agency or instrumentality thereof, to  be  used
 2    for  the  operating  expenses  of  the  Authority, or for any
 3    purposes of the Authority, including  the  making  of  direct
 4    loans  of  such  funds  with respect to projects, and (ii) to
 5    enter into any agreement with the Federal government  or  the
 6    State,   or   any   agency  or  instrumentality  thereof,  in
 7    relationship to such grants, loans or appropriations.
 8        (b) The Authority shall have power to procure  and  enter
 9    into  contracts  for  any  type  of  insurance  and indemnity
10    agreements covering loss  or  damage  to  property  from  any
11    cause,  including  loss of use and occupancy, or covering any
12    other insurable risk.
13        (c) The Authority shall  have  the  continuing  power  to
14    issue  bonds  for its corporate purposes. Bonds may be issued
15    by the Authority in one or more series and  may  provide  for
16    the  payment  of any interest deemed necessary on such bonds,
17    of the costs of issuance of such bonds, of any premium on any
18    insurance, or of the  cost  of  any  guarantees,  letters  of
19    credit  or  other  similar  documents,  may  provide  for the
20    funding of the reserves deemed necessary in  connection  with
21    such  bonds,  and  may  provide  for the refunding or advance
22    refunding of any bonds or for accounts  deemed  necessary  in
23    connection  with  any purpose of the Authority. The bonds may
24    bear interest payable at any time or times and at any rate or
25    rates, notwithstanding any other  provision  of  law  to  the
26    contrary,  and  such  rate  or rates may be established by an
27    index or formula which may be implemented or  established  by
28    persons  appointed  or retained therefor by the Authority, or
29    may bear no interest or may bear interest payable at maturity
30    or upon redemption prior to maturity, may bear such  date  or
31    dates, may be payable at such time or times and at such place
32    or  places, may mature at any time or times not later than 40
33    years from the date of issuance, may be  sold  at  public  or
34    private  sale  at  such  time  or  times and at such price or
 
                            -23-     LRB093 08352 SJM 17243 a
 1    prices, may be secured by such pledges, reserves, guarantees,
 2    letters of  credit,  insurance  contracts  or  other  similar
 3    credit  support  or liquidity instruments, may be executed in
 4    such manner, may be subject to redemption prior to  maturity,
 5    may  provide  for  the  registration of the bonds, and may be
 6    subject to such other terms and  conditions  all  as  may  be
 7    provided  by  the  resolution  or  indenture  authorizing the
 8    issuance of such bonds. The holder or holders  of  any  bonds
 9    issued by the Authority may bring suits at law or proceedings
10    in  equity  to  compel  the performance and observance by any
11    person or by the Authority or any of its agents or  employees
12    of  any  contract  or  covenant made with the holders of such
13    bonds and to compel such person or the Authority and  any  of
14    its  agents or employees to perform any duties required to be
15    performed for the benefit of the holders of any such bonds by
16    the provision of the resolution authorizing  their  issuance,
17    and  to  enjoin  such  person or the Authority and any of its
18    agents or employees from taking any action in  conflict  with
19    any  such  contract or covenant. Notwithstanding the form and
20    tenor of any such bonds and in the  absence  of  any  express
21    recital  on  the  face thereof that it is non-negotiable, all
22    such bonds  shall  be  negotiable  instruments.  Pending  the
23    preparation  and execution of any such bonds, temporary bonds
24    may be issued as provided by the resolution. The bonds  shall
25    be  sold  by  the  Authority  in  such  manner  as  it  shall
26    determine.  The  bonds  may  be  secured  as  provided in the
27    authorizing resolution by the receipts, revenues, income  and
28    other  available  funds  of  the Authority and by any amounts
29    derived by the Authority from the  loan  agreement  or  lease
30    agreement  with respect to the project or projects; and bonds
31    may be issued as general obligations of the Authority payable
32    from such revenues, funds and obligations of the Authority as
33    the bond resolution  shall  provide,  or  may  be  issued  as
34    limited obligations with a claim for payment solely from such
 
                            -24-     LRB093 08352 SJM 17243 a
 1    revenues,  funds and obligations as the bond resolution shall
 2    provide.  The  Authority  may  grant  a  specific  pledge  or
 3    assignment of and  lien  on  or  security  interest  in  such
 4    rights, revenues, income, or amounts and may grant a specific
 5    pledge  or  assignment of and lien on or security interest in
 6    any reserves, funds or accounts established in the resolution
 7    authorizing  the  issuance  of  bonds.   Any   such   pledge,
 8    assignment,  lien or security interest for the benefit of the
 9    holders of the Authority's bonds shall be valid  and  binding
10    from  the  time  the  bonds  are  issued without any physical
11    delivery or further act, and shall be valid  and  binding  as
12    against  and  prior to the claims of all other parties having
13    claims against the Authority or any other person irrespective
14    of whether the other  parties  have  notice  of  the  pledge,
15    assignment,  lien  or  security interest. As evidence of such
16    pledge, assignment, lien and security interest, the Authority
17    may  execute  and  deliver  a  mortgage,   trust   agreement,
18    indenture  or  security agreement or an assignment thereof. A
19    remedy for any breach or default of the  terms  of  any  such
20    agreement  by the Authority may be by mandamus proceedings in
21    any court of competent jurisdiction to compel the performance
22    and compliance therewith, but the agreement may prescribe  by
23    whom  or on whose behalf such action may be instituted. It is
24    expressly understood that the Authority may,  but  need  not,
25    acquire  title  to  any  project  with  respect  to  which it
26    exercises its authority.
27        (d) With respect to the powers granted by this  Act,  the
28    Authority  may  adopt  rules  and regulations prescribing the
29    procedures by which persons may apply  for  assistance  under
30    this  Act.  Nothing  herein  shall  be deemed to preclude the
31    Authority, prior to the filing  of  any  formal  application,
32    from  conducting  preliminary  discussions and investigations
33    with  respect  to  the  subject  matter  of  any  prospective
34    application.
 
                            -25-     LRB093 08352 SJM 17243 a
 1        (e)  The  Authority  shall  have  power  to  acquire   by
 2    purchase,  lease,  gift  or  otherwise any property or rights
 3    therein from any person  useful  for  its  purposes,  whether
 4    improved  for  the  purposes  of  any prospective project, or
 5    unimproved. The Authority may also  accept  any  donation  of
 6    funds  for  its  purposes from any such source. The Authority
 7    shall have no  independent  power  of  condemnation  but  may
 8    acquire   any   property  or  rights  therein  obtained  upon
 9    condemnation by any other authority, governmental  entity  or
10    unit of local government with such power.
11        (f)  The Authority shall have power to develop, construct
12    and improve  either  under  its  own  direction,  or  through
13    collaboration  with  any  approved  applicant,  or to acquire
14    through purchase or otherwise, any project,  using  for  such
15    purpose  the  proceeds  derived from the sale of its bonds or
16    from governmental loans or grants, and to hold title  in  the
17    name of the Authority to such projects.
18        (g) The Authority shall have power to lease pursuant to a
19    lease  agreement  any project so developed and constructed or
20    acquired to the approved tenant on such terms and  conditions
21    as may be appropriate to further the purposes of this Act and
22    to  maintain  the credit of the Authority. Any such lease may
23    provide for either the Authority or the  approved  tenant  to
24    assume   initially,  in  whole  or  in  part,  the  costs  of
25    maintenance, repair and  improvements  during  the  leasehold
26    period. In no case, however, shall the total rentals from any
27    project during any initial leasehold period or the total loan
28    repayments to be made pursuant to any loan agreement, be less
29    than  an  amount  necessary to return over such lease or loan
30    period  (1)  all  costs  incurred  in  connection  with   the
31    development,  construction, acquisition or improvement of the
32    project and for repair, maintenance and improvements  thereto
33    during  the  period  of the lease or loan; provided, however,
34    that the rentals or loan repayments need  not  include  costs
 
                            -26-     LRB093 08352 SJM 17243 a
 1    met through the use of funds other than those obtained by the
 2    Authority  through  the issuance of its bonds or governmental
 3    loans; (2) a reasonable percentage additive to be agreed upon
 4    by the Authority and  the  borrower  or  tenant  to  cover  a
 5    properly   allocable   portion  of  the  Authority's  general
 6    expenses,  including,  but  not  limited  to,  administrative
 7    expenses, salaries and general insurance, and (3)  an  amount
 8    sufficient  to  pay  when  due all principal of, interest and
 9    premium, if any on, any bonds issued by  the  Authority  with
10    respect  to the project. The portion of total rentals payable
11    under clause (3) of this subsection (g) shall be deposited in
12    such  special   accounts,   including   all   sinking   fund,
13    acquisition  or  construction  funds,  debt service and other
14    funds as  provided  by  any  resolution,  mortgage  or  trust
15    agreement  of  the  Authority  pursuant  to which any bond is
16    issued.
17        (h) The Authority has the power, upon the termination  of
18    any  leasehold  period of any project, to sell or lease for a
19    further  term  or  terms  such  project  on  such  terms  and
20    conditions  as  the  Authority  shall  deem  reasonable   and
21    consistent  with  the  purposes  of the Act. The net proceeds
22    from all such sales and the  revenues  or  income  from  such
23    leases  shall  be  used  to  satisfy  any indebtedness of the
24    Authority with respect to such project and any balance may be
25    used to pay any expenses of the Authority or be used for  the
26    further development, construction, acquisition or improvement
27    of  projects. In the event any project is vacated by a tenant
28    prior to the termination of the initial leasehold period, the
29    Authority shall sell or lease the facilities of  the  project
30    on the most advantageous terms available. The net proceeds of
31    any  such  disposition shall be treated in the same manner as
32    the proceeds from sales or the revenues or income from leases
33    subsequent  to  the  termination  of  any  initial  leasehold
34    period.
 
                            -27-     LRB093 08352 SJM 17243 a
 1        (i) The Authority shall have the power to make  loans  to
 2    persons  to  finance a project, to enter into loan agreements
 3    with respect thereto, and to accept guarantees  from  persons
 4    of its loans or the resultant evidences of obligations of the
 5    Authority.
 6        (j)  The Authority may fix, determine, charge and collect
 7    any premiums, fees, charges, costs and  expenses,  including,
 8    without  limitation,  any  application fees, commitment fees,
 9    program fees, financing charges or publication fees from  any
10    person in connection with its activities under this Act.
11        (k)  In  addition  to  the  funds established as provided
12    herein, the Authority shall have  the  power  to  create  and
13    establish such reserve funds and accounts as may be necessary
14    or desirable to accomplish its purposes under this Act and to
15    deposit its available monies into the funds and accounts.
16        (l)  At  the request of the governing body of any unit of
17    local government, the Authority is authorized to market  such
18    local  government's  revenue bond offerings by preparing bond
19    issues for sale, advertising for sealed bids, receiving  bids
20    at  its  offices,  making the award to the bidder that offers
21    the  most  favorable  terms  or  arranging   for   negotiated
22    placements or underwritings of such securities. The Authority
23    may, at its discretion, offer for concurrent sale the revenue
24    bonds of several local governments. Sales by the Authority of
25    revenue  bonds under this Section shall in no way imply State
26    guarantee of such debt issue. The Authority may require  such
27    financial information from participating local governments as
28    it deems necessary in order to carry out the purposes of this
29    subsection (1).
30        (m)  The Authority may make grants to any county to which
31    Division 5-37 of the Counties Code is applicable to assist in
32    the  financing  of  capital  development,  construction   and
33    renovation  of  new  or existing facilities for hospitals and
34    health care facilities under that Act. Such grants  may  only
 
                            -28-     LRB093 08352 SJM 17243 a
 1    be  made  from  funds appropriated for such purposes from the
 2    Build Illinois Bond Fund or the Build Illinois Purposes Fund.
 3        (n) The Authority  may  establish  an  urban  development
 4    action   grant   program   for   the   purpose  of  assisting
 5    municipalities in  Illinois  which  are  experiencing  severe
 6    economic  distress  to  help  stimulate  economic development
 7    activities needed to aid in economic recovery. The  Authority
 8    shall  determine  the  types  of  activities and projects for
 9    which the  urban  development  action  grants  may  be  used,
10    provided  that  such  projects  and  activities  are  broadly
11    defined to include all reasonable projects and activities the
12    primary  objectives  of  which  are the development of viable
13    urban communities, including decent housing  and  a  suitable
14    living  environment,  and  expansion of economic opportunity,
15    principally for persons of  low  and  moderate  incomes.  The
16    Authority  shall  enter  into  grant  agreements  from monies
17    appropriated for such purposes from the Build  Illinois  Bond
18    Fund or the Build Illinois Purposes Fund. The Authority shall
19    monitor  the  use of the grants, and shall provide for audits
20    of the funds as well as recovery  by  the  Authority  of  any
21    funds  determined  to  have  been  spent in violation of this
22    subsection  (n)  or  any  rule  or   regulation   promulgated
23    hereunder.  The  Authority shall provide technical assistance
24    with regard to the effective use  of  the  urban  development
25    action  grants.  The Authority shall file an annual report to
26    the General Assembly concerning the  progress  of  the  grant
27    program.
28        (o)  The  Authority  may  establish a Housing Partnership
29    Program whereby the Authority provides zero-interest loans to
30    municipalities for the purpose of assisting in the  financing
31    of projects for the rehabilitation of affordable multi-family
32    housing  for low and moderate income residents. The Authority
33    may provide such loans only upon a  municipality's  providing
34    evidence  that  it  has  obtained  private  funding  for  the
 
                            -29-     LRB093 08352 SJM 17243 a
 1    rehabilitation  project.  The Authority shall provide 3 State
 2    dollars for every 7 dollars obtained by the municipality from
 3    sources other than the State of Illinois. The loans shall  be
 4    made from monies appropriated for such purpose from the Build
 5    Illinois  Bond  Fund or the Build Illinois Purposes Fund. The
 6    total amount of loans available under the Housing Partnership
 7    Program shall not exceed $30,000,000. State loan monies under
 8    this subsection shall be used only for  the  acquisition  and
 9    rehabilitation  of  existing  buildings  containing 4 or more
10    dwelling  units.  The  terms  of  any  loan   made   by   the
11    municipality under this subsection shall require repayment of
12    the  loan to the municipality upon any sale or other transfer
13    of the project.
14        (p) The Authority may award grants  to  universities  and
15    research   institutions,   research   consortiums  and  other
16    not-for-profit entities for the purposes  of:  remodeling  or
17    otherwise physically altering existing laboratory or research
18    facilities,  expansion  or  physical  additions  to  existing
19    laboratory   or  research  facilities,  construction  of  new
20    laboratory or research facilities or  acquisition  of  modern
21    equipment   to  support  laboratory  or  research  operations
22    provided that such grants (i) be used solely  in  support  of
23    project  and  equipment acquisitions which enhance technology
24    transfer, and (ii) not constitute more than 60 percent of the
25    total project or acquisition cost.
26        (q) Grants may be awarded by the Authority  to  units  of
27    local   government   for   the   purpose  of  developing  the
28    appropriate infrastructure or defraying other  costs  to  the
29    local   government  in  support  of  laboratory  or  research
30    facilities provided that such grants may not  exceed  40%  of
31    the cost to the unit of local government.
32        (r)  The Authority may establish a Direct Loan Program to
33    make loans to individuals, partnerships or  corporations  for
34    the  purpose  of an industrial project, as defined in Section
 
                            -30-     LRB093 08352 SJM 17243 a
 1    801-10 of this Act. For the purposes of such program and  not
 2    by  way  of limitation on any other program of the Authority,
 3    the Authority shall have the power to issue bonds, notes,  or
 4    other  evidences  of  indebtedness including commercial paper
 5    for purposes of providing a fund of capital from which it may
 6    make such loans. The Authority shall have the  power  to  use
 7    any  appropriations  from  the  State made especially for the
 8    Authority's Direct Loan Program  for  additional  capital  to
 9    make  such  loans  or  for  the  purposes of reserve funds or
10    pledged funds which secure  the  Authority's  obligations  of
11    repayment  of  any  bond,  note or other form of indebtedness
12    established for the purpose of providing capital for which it
13    intends to make such loans under the Direct Loan Program. For
14    the purpose of obtaining such capital, the Authority may also
15    enter into agreements with financial institutions  and  other
16    persons  for  the  purpose  of selling loans and developing a
17    secondary market for such loans. Loans made under the  Direct
18    Loan  Program  may be in an amount not to exceed $300,000 and
19    shall be made for a portion of an  industrial  project  which
20    does not exceed 50% of the total project. No loan may be made
21    by  the  Authority unless approved by the affirmative vote of
22    at  least  8  members  of  the  board.  The  Authority  shall
23    establish procedures and publish rules  which  shall  provide
24    for  the submission, review, and analysis of each direct loan
25    application and which shall  preserve  the  ability  of  each
26    board   member  to  reach  an  individual  business  judgment
27    regarding the propriety  of  making  each  direct  loan.  The
28    collective  discretion  of the board to approve or disapprove
29    each loan shall be unencumbered. The Authority may  establish
30    and collect such fees and charges, determine and enforce such
31    terms  and  conditions,  and charge such interest rates as it
32    determines to be necessary and appropriate to the  successful
33    administration  of the Direct Loan Program. The Authority may
34    require such interests in collateral and such  guarantees  as
 
                            -31-     LRB093 08352 SJM 17243 a
 1    it  determines  are  necessary  to  project  the  Authority's
 2    interest  in  the  repayment of the principal and interest of
 3    each loan made under the Direct Loan Program.
 4        (s) The Authority may guarantee private  loans  to  third
 5    parties  up  to a specified dollar amount in order to promote
 6    economic development in this State.
 7        (t) The Authority may adopt rules and regulations as  may
 8    be  necessary  or advisable to implement the powers conferred
 9    by this Act.
10        (u) The Authority shall have the power  to  issue  bonds,
11    notes  or  other evidences of indebtedness, which may be used
12    to  make  loans  to  units  of  local  government  which  are
13    authorized to enter into loan agreements and other  documents
14    and to issue bonds, notes and other evidences of indebtedness
15    for  the  purpose  of financing the protection of storm sewer
16    outfalls, the construction of adequate storm sewer  outfalls,
17    and  the  provision  for  flood protection of sanitary sewage
18    treatment  plans,  in  counties  that  have   established   a
19    stormwater  management  planning committee in accordance with
20    Section 5-1062 of the Counties Code. Any such loan  shall  be
21    made  by  the Authority pursuant to the provisions of Section
22    820-5 to 820-60 of this Act. The  unit  of  local  government
23    shall  pay  back to the Authority the principal amount of the
24    loan, plus annual interest as determined  by  the  Authority.
25    The Authority shall have the power, subject to appropriations
26    by  the  General Assembly, to subsidize or buy down a portion
27    of the interest on such loans, up to 4% per annum.
28        (v)  The  Authority  may  accept  security  interests  as
29    provided in Sections 11-3 and 11-3.3 of the  Illinois  Public
30    Aid Code.
31        (w)  Moral  Obligation.  In  the event that the Authority
32    determines  that  monies  of  the  Authority  will   not   be
33    sufficient  for  the payment of the principal of and interest
34    on  its  bonds  during  the  next  State  fiscal  year,   the
 
                            -32-     LRB093 08352 SJM 17243 a
 1    Chairperson,  as  soon  as  practicable, shall certify to the
 2    Governor the amount required by the Authority to enable it to
 3    pay such principal of and interest on the bonds. The Governor
 4    shall submit the amount so certified to the General  Assembly
 5    as  soon  as  practicable,  but  no later than the end of the
 6    current State fiscal year. This subsection shall  apply  only
 7    to  any  bonds  or notes as to which the Authority shall have
 8    determined, in the resolution authorizing the issuance of the
 9    bonds or notes, that this subsection  shall  apply.  Whenever
10    the  Authority makes such a determination, that fact shall be
11    plainly stated on the face of the bonds  or  notes  and  that
12    fact  shall also be reported to the Governor. In the event of
13    a withdrawal of moneys from a reserve fund  established  with
14    respect  to  any issue or issues of bonds of the Authority to
15    pay principal or interest on those bonds, the Chairperson  of
16    the  Authority,  as soon as practicable, shall certify to the
17    Governor the amount required to restore the reserve  fund  to
18    the  level  required  in the resolution or indenture securing
19    those  bonds.  The  Governor  shall  submit  the  amount   so
20    certified to the General Assembly as soon as practicable, but
21    no  later  than the end of the current State fiscal year. The
22    Authority shall obtain written approval from the Governor for
23    any bonds and notes to  be  issued  under  this  Section.  In
24    addition  to  any  other  bonds authorized to be issued under
25    Sections 825-60, 825-65(e), 830-25 and 845-5,  the  principal
26    amount  of  Authority  bonds  outstanding  issued  under this
27    Section 801-40(w) or under  20  ILCS  3850/1-80  or  30  ILCS
28    360/2-6(c),  which  have been assumed by the Authority, shall
29    not exceed $150,000,000.

30        Section 801-45. Property Taxation. The  property  of  the
31    Authority  and its respective income and operations, shall be
32    exempt from taxation.
 
                            -33-     LRB093 08352 SJM 17243 a
 1                             ARTICLE 805
 2               INDUSTRIAL REVENUE BOND INSURANCE FUND

 3        Section 805-5. Findings and Declaration of Policy. It  is
 4    hereby  found  and  declared that a continuing need exists to
 5    maintain and develop the  State's  economy;  that  there  are
 6    significant  barriers  in  the capital markets inhibiting the
 7    issuance by the Authority  of  industrial  revenue  bonds  to
 8    assist   in  financing  industrial  projects  in  the  State,
 9    particularly for smaller firms; and that the establishment of
10    the Industrial Revenue Bond Insurance Fund and  the  exercise
11    by  the  Authority of the powers granted in this Article will
12    promote economic development by widening the market  for  the
13    Authority's revenue bonds.

14        Section   805-10.   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) "Financial Institution" means a financial institution
19    which  is  a  trust company, a bank, a savings bank, a credit
20    union, an investment bank, a broker, an investment  trust,  a
21    pension  fund, a building and loan association, a savings and
22    loan  association,  an  insurance  company,  or   any   other
23    institution  acceptable  to  the  Authority, authorized to do
24    business in the State and approved by the Authority to insure
25    bonds or loans for industrial  projects  authorized  by  this
26    Act.
27        (b) "Participating lender" means any trust company, bank,
28    savings   bank,   credit   union,  investment  bank,  broker,
29    investment   trust,   pension   fund,   building   and   loan
30    association, savings and loan association, insurance  company
31    or  other institution approved by the Authority which assumes
32    a portion of the risk on a loan for an industrial project  as
 
                            -34-     LRB093 08352 SJM 17243 a
 1    provided in Section 805-30 of this Act.

 2        Section  805-15. Industrial Project Insurance Fund. There
 3    is created the Industrial Project Insurance  Fund,  hereafter
 4    referred  to in Sections 805-15 through 805-50 of this Act as
 5    the "Fund." The Treasurer shall have  custody  of  the  Fund,
 6    which  shall  be  held  outside of the State Treasury, except
 7    that custody may be transferred to  and  held  by  any  bank,
 8    trust  company  or  other  fiduciary  with whom the Authority
 9    executes a trust agreement as authorized by paragraph (h)  of
10    Section  805-20  of this Act. Any portion of the Fund against
11    which a charge has been made, shall be held for  the  benefit
12    of  the  holders  of the loans or bonds insured under Section
13    805-20 of this Act. There shall be deposited in the Fund such
14    amounts, including but not limited to:
15        (a) All receipts of bond and loan insurance premiums;
16        (b) All proceeds of assets of whatever nature received by
17    the Authority as a result  of  default  or  delinquency  with
18    respect  to  insured  loans  or  bonds  with respect to which
19    payments from the Fund have  been  made,  including  proceeds
20    from  the sale, disposal, lease or rental of real or personal
21    property which the Authority may receive under the provisions
22    of this Article  but  excluding  the  proceeds  of  insurance
23    hereunder;
24        (c)   All   receipts  from  any  applicable  contract  or
25    agreement entered into by the Authority under  paragraph  (b)
26    of Section 805-20 of this Act;
27        (d)    Any    State    appropriations,    transfers    of
28    appropriations,  or  transfers  of  general  obligation  bond
29    proceeds  or other monies made available to the Fund. Amounts
30    in the Fund shall be used in accordance with  the  provisions
31    of  this Article to satisfy any valid insurance claim payable
32    therefrom and may be used for any other purpose determined by
33    the  Authority  in  accordance  with  insurance  contract  or
 
                            -35-     LRB093 08352 SJM 17243 a
 1    contracts with financial institutions entered  into  pursuant
 2    to  this  Act,  including  without  limitation protecting the
 3    interest of  the  Authority  in  industrial  projects  during
 4    periods  of loan delinquency or upon loan default through the
 5    purchase of industrial projects in foreclosure proceedings or
 6    in lieu of foreclosure  or  through  any  other  means.  Such
 7    amounts  may  also  be  used  to pay administrative costs and
 8    expenses reasonably allocable to the activities in connection
 9    with the Fund  and  to  pay  taxes,  maintenance,  insurance,
10    security  and  any  other  costs and expenses of bidding for,
11    acquiring,  owning,  carrying  and  disposing  of  industrial
12    projects which were financed with  the  proceeds  of  insured
13    bonds  or  loans.  In  the  case of a default in payment with
14    respect to any loan, mortgage or other agreement so  insured,
15    the amount of the default shall immediately, and at all times
16    during  the  continuance  of  such default, and to the extent
17    provided in any applicable agreement, constitute a charge  on
18    the  Fund.  Any  amounts  in the Fund not currently needed to
19    meet the obligations of the Fund may be invested as  provided
20    by  law  in  obligations designated by the Authority, and all
21    income from such investments shall become part of  the  Fund.
22    In  making such investments, the Authority shall act with the
23    care, skill, diligence and prudence under  the  circumstances
24    of  a prudent person acting in a like capacity in the conduct
25    of an enterprise of like character and  with  like  aims.  It
26    shall  diversify  such  investments of the Authority so as to
27    minimize  the  risk  of  large  losses,  unless   under   the
28    circumstances it is clearly not prudent to do so. Any amounts
29    in  the  Fund  not needed to meet the obligations of the Fund
30    may be transferred to the Credit Enhancement Development Fund
31    of the Authority pursuant to resolution of the members of the
32    Authority.

33        Section 805-20. Powers  and  Duties;  Industrial  Project
 
                            -36-     LRB093 08352 SJM 17243 a
 1    Insurance Program. The Authority has the power:
 2        (a)  To insure and made advance commitments to insure all
 3    or any part of the payments required on the bonds issued or a
 4    loan made to finance any  environmental  facility  under  the
 5    Illinois  Environmental  Facilities  Financing Act or for any
 6    industrial project upon such  terms  and  conditions  as  the
 7    Authority  may prescribe in accordance with this Article. The
 8    insurance provided by the Authority shall be  payable  solely
 9    from  the  Fund  created  by  Section  805-15  and  shall not
10    constitute a debt or pledge of the full faith and  credit  of
11    the  State,  the  Authority,  or  any  political  subdivision
12    thereof;
13        (b)  To enter into insurance contracts, letters of credit
14    or  any  other  agreements  or   contracts   with   financial
15    institutions  with respect to the Fund and any bonds or loans
16    insured  thereunder.  Any  such  agreement  or  contract  may
17    contain  terms  and  provisions  necessary  or  desirable  in
18    connection with the  program,  subject  to  the  requirements
19    established  by  this Act, including without limitation terms
20    and provisions relating to  loan  documentation,  review  and
21    approval  procedures,  origination  and  servicing rights and
22    responsibilities,   default   conditions,   procedures    and
23    obligations  with  respect  to insurance contracts made under
24    this Act. The agreements or contracts may be executed  on  an
25    individual,  group  or  master  contract basis with financial
26    institutions;
27        (c) To charge reasonable  fees  to  defray  the  cost  of
28    obtaining letters of credit or other similar documents, other
29    than  insurance  contracts under paragraph (b). Any such fees
30    shall be payable by such person, in such amounts and at  such
31    times as the Authority shall determine, and the amount of the
32    fees  need  not  be  uniform among the various bonds or loans
33    insured;
34        (d) To  fix  insurance  premiums  for  the  insurance  of
 
                            -37-     LRB093 08352 SJM 17243 a
 1    payments  under the provisions of this Article. Such premiums
 2    shall  be  computed  as  determined  by  the  Authority.  Any
 3    premiums  for  the  insurance  of  loan  payments  under  the
 4    provisions of this Act shall be payable by  such  person,  in
 5    such  amounts  and  at  such  times  as  the  Authority shall
 6    determine, and the amount of the premiums need not be uniform
 7    among the various bonds or loans insured;
 8        (e)  To  establish   application   fees   and   prescribe
 9    application,  notification,  contract  and  insurance  forms,
10    rules and regulations it deems necessary or appropriate;
11        (f) To make loans and to issue bonds secured by insurance
12    or  other  agreements authorized by paragraphs (a) and (b) of
13    this Section 805-20 and to issue bonds secured by loans  that
14    are guaranteed by the federal government or agencies thereof;
15        (g)  To  issue  a  single bond issue, or a series of bond
16    issues, for a  group  of  industrial  projects,  a  group  of
17    corporations,   or  a  group  of  business  entities  or  any
18    combination thereof insured by insurance  or  backed  by  any
19    other  agreement authorized by paragraphs (a) and (b) of this
20    Section or secured  by  loans  that  are  guaranteed  by  the
21    federal government or agencies thereof;
22        (h)  To enter into trust agreements for the management of
23    the Fund created under Section 805-15 of this Act; and
24        (i) To exercise such other powers  as  are  necessary  or
25    incidental to the foregoing.

26        Section     805-25.     Insurance     Contracts;    Claim
27    Responsibility.  Any  contract  of  insurance  made  by   the
28    Authority  with  a  lender  or  bondholder or for the benefit
29    thereof under this Act  shall  provide  that  claims  payable
30    under  such contract shall be paid from any amounts available
31    in the Fund and from any amounts available under the terms of
32    any applicable contract or  agreement  with  other  financial
33    institutions,  in  such  order  of  priority as the Authority
 
                            -38-     LRB093 08352 SJM 17243 a
 1    shall deem appropriate. The obligation of  the  Authority  to
 2    make payments under any such contract shall be limited solely
 3    to  the  amounts  provided  in  such  contract  and shall not
 4    constitute a debt or liability of the State, the Authority or
 5    any subdivision thereof.  Any  insurance  contract  or  other
 6    agreement  with  a  lender  or  bondholder or for the benefit
 7    thereof  and  any  rule  or  regulation  of   the   Authority
 8    implementing  the  insurance  program  may contain such other
 9    terms,  provisions  or  conditions  as  the  Authority  deems
10    necessary  or  appropriate,  including,  without  limitation,
11    those relating to the  payment  of  insurance  premiums,  the
12    giving  of  notice,  claim procedures, the sources of payment
13    for claims, the priority of competing claims for payment, the
14    release  or  termination  of  loan  security   and   borrower
15    liability,   the  timing  of  payment,  the  maintenance  and
16    disposition of industrial projects and  the  use  of  amounts
17    received  during  periods of delinquency or upon default, and
18    any other provisions concerning the rights of insured parties
19    or conditions to the payment of insurance claims.

20        Section  805-30.  Applications  for  Insured   Industrial
21    Project  Loans;  Procedures.  Applications  received  by  the
22    Authority  shall  be  forwarded  to a credit review committee
23    consisting of 3 persons experienced in  industrial  financing
24    selected  by the Authority for a review and report concerning
25    the advisability of approving  the  proposed  insurance.  The
26    review  and  report  shall  include facts about the company's
27    history,  job   opportunities,   stability   of   employment,
28    financial  condition and structure, income statements, market
29    prospects and management, and any other facts material to the
30    insurance  request.  The  report  shall  include  a  reasoned
31    opinion as to whether providing the insurance would  tend  to
32    fulfill  the  purposes  of  the  Authority  and the insurance
33    program. The report shall be advisory in nature only. Payment
 
                            -39-     LRB093 08352 SJM 17243 a
 1    shall be made to the members of the committee selected by the
 2    Authority on a reasonable consultant basis, as the  Authority
 3    may  determine.  The credit review committee shall be of such
 4    composition, act for such time and have such powers as  shall
 5    be  specified in the agreement or agreements establishing its
 6    existence and, to the extent so specified, shall act for  the
 7    Authority   in   matters  concerning  the  insurance  program
 8    authorized by Sections 805-5 through 805-45 of this Act.  The
 9    Authority  shall, on the basis of the application, the report
10    of the credit review committee, the information  provided  by
11    the  local or regional industrial development agency, and any
12    other appropriate information, prepare  a  report  concerning
13    the  credit  worthiness  of  the  proposed borrower, the loan
14    record of the participating lender, the financial  commitment
15    of the participating lender, the manner in which the proposed
16    industrial  project will advance the economy of the State and
17    the soundness of the proposed loan. The Fund, or any  portion
18    thereof  against  which a charge has been made, shall be held
19    for the benefit of the holders of the bonds or loans  insured
20    under  Section  805-20  of this Act, as provided by agreement
21    between the Authority and such holders. The  Authority  shall
22    be  satisfied that the Fund is protected by adequate security
23    on all bonds or loans insured by the Authority.

24        Section 805-35. Loan Approval Standards. Before approving
25    any bond or loan insurance  under  this  Act,  the  Authority
26    shall  find  that  any loan insured by or to be made from the
27    proceeds of bonds insured by the  Authority  under  this  Act
28    shall:
29        (a)   Be   made   for   an   industrial  project  or  any
30    environmental  facility  under  the  Illinois   Environmental
31    Facilities Financing Act;
32        (b)  Be  made  to a borrower approved by the Authority as
33    responsible and creditworthy;
 
                            -40-     LRB093 08352 SJM 17243 a
 1        (c) Be  reviewed  for  insurance  by  the  credit  review
 2    committee established by the Authority pursuant to this Act;
 3        (d)  In  the case of real property, be secured by a first
 4    mortgage  on  the  property,  or  by   any   other   security
 5    satisfactory to the Authority to secure payment of the loans,
 6    and  have  a  maturity date not later than 25 years after the
 7    date of the loan;
 8        (e) In the case of machinery and equipment, be secured by
 9    a first security interest in the machinery and equipment,  or
10    by any other security satisfactory to the Authority to secure
11    payment  of the loan, and have a maturity date not later than
12    12 years from the date of the loan;
13        (f) Contain complete amortization provisions satisfactory
14    to the Authority;
15        (g) Be in such principal amount  and  form,  and  contain
16    such terms and provisions with respect to property insurance,
17    repairs,  alterations,  payment  of  taxes  and  assessments,
18    delinquency  charges,  default  remedies, additional security
19    and other matters as the Authority shall determine;
20        (h)  Be  made  only  after  the  Authority  has  made   a
21    determination  that,  in  its  sole opinion, the loan has the
22    potential to provide  or  retain  substantial  employment  in
23    relation  to  the principal amount of the loan to be insured,
24    which employment, so far as feasible, may be expected  to  be
25    of residents of areas of critical labor surplus;
26        (i)   Be  made  only  after  the  Authority  has  made  a
27    determination that, in its sole opinion,  adequate  provision
28    is  being  or  will be made to meet any increased demand upon
29    community public facilities that will likely result from  the
30    project; and
31        (j)   Be  made  only  after  the  Authority  has  made  a
32    determination that, in its sole opinion, the public  interest
33    is  adequately  protected by the terms of the loan and of the
34    insurance contract  or  other  agreements.  Any  contract  of
 
                            -41-     LRB093 08352 SJM 17243 a
 1    insurance  executed  by the Authority under this Act shall be
 2    conclusive evidence of eligibility for  such  insurance,  and
 3    the  validity  of any contract of insurance so executed or of
 4    an advance commitment to insure shall be incontestable in the
 5    hands of a borrower or bondholder from the date of  execution
 6    and delivery of the contract or commitment, except for fraud,
 7    or  misrepresentation  on the part of the borrower and, as to
 8    commitments to insure, noncompliance with the  commitment  or
 9    Authority  rules  or  regulations  in  force  at  the time of
10    issuance of the commitment. Nothing  in  this  Act  shall  be
11    construed  as  creating  any  rights  of  a  competitor of an
12    approved borrower  or  any  applicant  whose  application  is
13    denied by the Authority to challenge any application which is
14    accepted by the Authority and any loan, contract of insurance
15    or other agreement executed in connection therewith.

16        Section  805-40.  Investments  in  Insured  Debts  of the
17    Authority. The State and  all  counties,  municipalities  and
18    other  public corporations, political subdivisions and public
19    bodies, and  public  officers  of  any  thereof,  all  banks,
20    bankers,  trust  companies,  savings  banks and institutions,
21    building   and   loan   associations,   savings   and    loan
22    associations, investment companies and other persons carrying
23    on  a  banking  business,  all insurance companies, insurance
24    associations and  other  persons  carrying  on  an  insurance
25    business   and   all  executors,  administrators,  guardians,
26    trustees and other fiduciaries may legally invest any sinking
27    funds, moneys or other funds  belonging  to  them  or  within
28    their  control  in  any  bonds,  loans or extension of credit
29    which are the subject of insurance pursuant to this  Article,
30    it  being  the  purpose  of  this  Section  to  authorize the
31    investment of such bonds, loans or extension of credit of all
32    sinking, insurance,  retirement,  compensation,  pension  and
33    trust funds, whether owned or controlled by private or public
 
                            -42-     LRB093 08352 SJM 17243 a
 1    persons   or   officers;   provided,  however,  that  nothing
 2    contained in this Section may be construed as  relieving  any
 3    persons  from  any  duty  of  exercising  reasonable  care in
 4    selecting securities for purchase or  investment.  The  bonds
 5    and  any loan or extension of credit which are the subject of
 6    insurance pursuant to  this  Article  are  also  hereby  made
 7    securities  which  may properly and legally be deposited with
 8    and received by all public officers and bodies of  the  State
 9    or  any  agency  or  political  subdivisions  thereof and all
10    municipalities and public corporations for  any  purpose  for
11    which  the  deposit  of  bonds  is  now  or  may hereafter be
12    authorized by law.

13        Section  805-45.  Cooperation   with   Local   Industrial
14    Development   Agencies.   When   the  Authority  receives  an
15    application from a potential insured loan borrower, it  shall
16    promptly  notify  the  local industrial development agency of
17    that fact  in  writing  if  such  an  agency  exists  in  the
18    municipality  or  county  where  such  industrial  project is
19    proposed to be financed; or the corporate authorities in such
20    municipality where no such agency exists. The Authority shall
21    provide the local  industrial  development  agency  with  any
22    available  information  that  the  agency  needs to prepare a
23    recommendation concerning the advisability of the  industrial
24    project  and  its  impact,  economic  and  otherwise,  on the
25    community and the State. Such  application  shall  include  a
26    written authorization by the applicant that such notification
27    and   information   be  made  available  to  such  agency  or
28    municipality to the  extent  that  such  information  is  not
29    deemed  to  be confidential under Section 805-50 of this Act.
30    The Authority shall not consider any  application  that  does
31    not  include  such written authorization. The Authority shall
32    encourage  financial  participation   by   local   industrial
33    development  agencies  by  giving  priority  consideration to
 
                            -43-     LRB093 08352 SJM 17243 a
 1    insured loan applicants from areas serviced by those agencies
 2    that have demonstrated a commitment to economic development.

 3        Section 805-50.  Documentary  material  concerning  trade
 4    secrets;     Commercial     or     financial     information;
 5    Confidentiality.  Any  documentary  materials or data made or
 6    received by any member, agent, or employee of  the  Authority
 7    or  the  credit  review  committees,  to the extent that such
 8    materials or data consist of  trade  secrets,  commercial  or
 9    financial   information   regarding   the  operation  of  any
10    enterprise conducted by an applicant for,  or  recipient  of,
11    any  form  of  assistance which the Authority is empowered to
12    render under  this  Article,  or  regarding  the  competitive
13    position   of  such  enterprise  in  a  particular  field  of
14    endeavor, shall not be deemed public records.

15                             ARTICLE 810
16                       VENTURE INVESTMENT FUND

17        Section 810-5. Findings and Declaration of Policy. It  is
18    hereby  found  and  declared that a continuing need exists to
19    maintain and develop the State's economy; that assisting  and
20    encouraging  economic  development through private enterprise
21    will help to create and maintain employment and  governmental
22    revenues  and is an important function of the State; that the
23    availability  of  seed  capital  and  equity  capital  is  an
24    important inducement to enterprises  to  remain,  locate  and
25    expand  in  the State; that there exists in the State gaps in
26    the  availability  of  capital  for   the   development   and
27    exploitation  of  new  technologies,  products, processes and
28    inventions and that  this  shortage  has  resulted  and  will
29    continue  to  result in a shortfall in the development of new
30    enterprises   and   employment   in   Illinois;   that    the
31    establishment of the Illinois Venture Investment Fund and the
 
                            -44-     LRB093 08352 SJM 17243 a
 1    exercise  by  the Authority of the powers granted in Sections
 2    810-5 through  810-40  of  this  Act  will  promote  economic
 3    development  resulting  in  increased  employment  and public
 4    revenues; and that the provisions  of  this  Act  are  hereby
 5    declared  to  be  in  the  public interest and for the public
 6    benefit.

 7        Section  810-10.  Definitions.   The   following   terms,
 8    whenever  used or referred to in this Article, shall have the
 9    following meanings ascribed to them, except where the context
10    clearly requires otherwise:
11        (a) "Co-venture investment" means a  venture  capital  or
12    seed   capital  investment  by  the  Authority  in  qualified
13    securities  of  an  enterprise  that  is  made  after  or  in
14    conjunction with one or more professional investors that have
15    or are making  equity  investments  in  that  enterprise,  as
16    provided  in  this  Act.  A  direct  investment  made  by the
17    Authority may later be treated  as  a  co-venture  upon  such
18    investment made by a professional investor.
19        (b)  "Direct  investment" means a venture capital or seed
20    capital investment by the Authority in  qualified  securities
21    of  an  enterprise  in which no professional investor or seed
22    capital investor is also making an equity investment.
23        (c)  "Enterprise"  means  an   individual,   corporation,
24    partnership,  joint venture, trust, estate, or unincorporated
25    association.
26        (d) "Professional investor" means any bank, bank  holding
27    company,  savings  institution,  trust company, credit union,
28    insurance company, investment company  registered  under  the
29    Federal   Investment   Company   Act   of  1940,  pension  or
30    profit-sharing  trust  or  other  financial  institution   or
31    institutional   buyer,   licensee  under  the  Federal  Small
32    Business Investment Act of 1958, or any person,  partnership,
33    or  other  entity  whose principal business is making venture
 
                            -45-     LRB093 08352 SJM 17243 a
 1    capital investments and whose net worth exceeds $250,000.
 2        (e)  "Qualified  security"   means   any   note,   stock,
 3    convertible   security,   treasury  stock,  bond,  debenture,
 4    evidence  of  indebtedness,  limited  partnership   interest,
 5    certificate    of    interest   or   participation   in   any
 6    profit-sharing  agreement,  pre-organization  certificate  or
 7    subscription,  transferable   share,   investment   contract,
 8    certificate   of  deposit  for  a  security,  certificate  of
 9    interest  or  participation  in  a  patent   or   application
10    therefor,  or  in royalty or other payments under a patent or
11    application, or,  in  general,  any  interest  or  instrument
12    commonly  known  as  a  "security"  or  any  certificate for,
13    receipt for, guarantee of, or option, warrant,  or  right  to
14    subscribe to or purchase any of the foregoing.
15        (f)  "Seed  capital"  means  financing  in  the  form  of
16    investments  in  qualified  securities  that  is provided for
17    applied research, development, testing, and initial marketing
18    of  a  technology,  product,  process,   or   invention   and
19    associated working capital.
20        (g)   "Seed   capital   investor"   means   any   person,
21    partnership,  corporation,  trust,  or  other entity making a
22    seed capital investment.
23        (h)  "Director"  means  the  person  designated  by   the
24    Authority  to  manage  the  activities  associated  with  the
25    Illinois Venture Investment Fund.
26        (i)  "Venture  capital"  means  financing  in the form of
27    investments in qualified securities that is provided for  the
28    capital   needs  of  a  company  that  is  developing  a  new
29    technology, product, process, or invention.

30        Section 810-15. Illinois Venture Investment  Fund.  There
31    is  created  the  Illinois Venture Investment Fund, hereafter
32    referred to in this Article as the "Fund." The  Treasurer  of
33    the  Authority shall have custody of the Fund, which shall be
 
                            -46-     LRB093 08352 SJM 17243 a
 1    held  outside  of  the  State  Treasury.  The  Authority   is
 2    authorized  to  accept  any  and all grants, loans, including
 3    loans from State public employee pension funds, as authorized
 4    by this Act or any other statute, subsidies, matching  funds,
 5    reimbursements,  appropriations, transfers of appropriations,
 6    federal grant monies, income  derived  from  investments,  or
 7    other  things  of value from the federal or state governments
 8    or any agency of any other state  or  from  any  institution,
 9    person,  firm  or corporation, public or private, for deposit
10    in the Fund.  The  Authority  is  authorized  to  use  monies
11    deposited in the Fund expressly for the purposes specified in
12    and  according  to  the  procedures  established  by Sections
13    810-20 through 810-40 of this Act. The Authority may  appoint
14    a Director to manage the activities associated with the Fund.
15    Such Director shall receive compensation as determined by the
16    Authority.

17        Section  810-20.  Powers  and  Duties;  Illinois  Venture
18    Investment  Fund  Limits.  The  Authority  shall  invest  and
19    reinvest  the  Fund and the income, thereof, in the following
20    ways:
21        (a) To make a direct investment in  qualified  securities
22    issued  by  enterprises  and  to  dispose of those securities
23    within 10 years after the date of the  direct  investment  as
24    determined  by  the  Authority  for  the purpose of providing
25    venture capital or seed capital, provided that the investment
26    shall not exceed 49% of the estimated  cost  of  development,
27    testing,  and initial production and marketing and associated
28    working capital for  the  technology,  product,  process,  or
29    invention, or $750,000, whichever is less;
30        (b)   To  enter  into  written  agreements  or  contracts
31    (including limited partnership agreements) with one  or  more
32    professional investors or one or more seed capital investors,
33    if any, for the purpose of establishing a pool of funds to be
 
                            -47-     LRB093 08352 SJM 17243 a
 1    used   exclusively   as   venture  capital  or  seed  capital
 2    investments.  The  Authority  shall  not  invest  more   than
 3    $2,000,000  in  a single pool of funds or affiliated pools of
 4    funds. The agreement or contract shall provide for  the  pool
 5    of  funds  to  be  managed  by  a  professional investor. The
 6    manager may be the general partner of a  limited  partnership
 7    of which the Authority is a limited partner. The agreement or
 8    contract  may  provide  for reimbursement of expenses of, and
 9    payment of a fee to, the manager. The agreement  or  contract
10    may  also provide for payment to the manager of a percentage,
11    not to exceed 40% (computed on an annual basis), of cash  and
12    other property payable to the Authority as its pro-rata share
13    of  distributions to investors in the pool of funds, provided
14    that (i) no amount shall be received by the manager upon sale
15    or other disposition of qualified investments in  enterprises
16    until  recovery  by  the Authority of its investment and upon
17    liquidation or withdrawal of the Authority from the  pool  of
18    funds,  the  manager  shall be obligated to refund any amount
19    received by it from such percentage if necessary to allow the
20    Authority to recover its investment  or  (ii)  the  terms  of
21    payment  of  cash  and other property to the Authority are no
22    less favorable to the Authority than payments to  other  seed
23    capital investors (other than the manager) who are parties to
24    the agreement or contract.
25        (c)  To  make  co-venture  investments  by  entering into
26    agreements with one or more professional investors or one  or
27    more seed capital investors, if any, who have formally agreed
28    to  invest  at  least 50% as much as the Authority invests in
29    the enterprise, for the purpose of providing venture  capital
30    or  seed  capital;  but  no  more  than  $1,000,000  shall be
31    invested by the Authority in the qualified  securities  of  a
32    single enterprise. A total of not more than $1,500,000 may be
33    invested  in  the  securities  of a single enterprise, if the
34    Authority shall find, after the  initial  investment  by  the
 
                            -48-     LRB093 08352 SJM 17243 a
 1    Authority,  that additional investments in the enterprise are
 2    necessary to protect or enhance the initial investment of the
 3    Authority. Each co-venture investment agreement shall provide
 4    that the Authority will  recover  its  investment  before  or
 5    simultaneously   with   any   distribution  to  participating
 6    professional  investors  or  seed  capital   investors.   The
 7    Authority  and  participating professional investors and seed
 8    capital investors shall share ratably in the  profits  earned
 9    in  any  form on the co-venture investment, but the Authority
10    may, at its discretion,  agree  to  pay  to  a  participating
11    professional   investor  a  percentage,  not  to  exceed  40%
12    (computed on an annual basis), of  cash  and  other  property
13    payable   to   the   Authority   as  its  pro-rata  share  of
14    distributions to investors in the  pool  of  funds,  provided
15    that  (i)  no  amount  shall be received by the participating
16    professional investor  upon  sale  or  other  disposition  of
17    qualified  investments  in  the enterprises until recovery by
18    the Authority of  its  investment  and  upon  liquidation  or
19    withdrawal  of  the  Authority  from  the  pool of funds, the
20    participating professional investor  shall  be  obligated  to
21    refund  any  amount  received  by  it from such percentage if
22    necessary to allow the Authority to recover its investment or
23    (ii) the terms of payment of cash and other property  to  the
24    Authority  are  no  less  favorable  to  the  Authority  than
25    payments  to  other  seed  capital  investors or professional
26    investors (other than  the  professional  investor)  who  are
27    parties to the agreement or contract;
28        (d)   To   purchase  qualified  securities  of  certified
29    development corporations created under  Section  503  of  the
30    federal  Small  Business  Administration  Act,  including the
31    Illinois Small Business Growth Corporation, for  the  purpose
32    of  making  loans  to  enterprises that have the potential to
33    create substantial employment within  the  State  per  dollar
34    invested  by the Authority, provided that the investment does
 
                            -49-     LRB093 08352 SJM 17243 a
 1    not exceed 25% of the total investment in each corporation at
 2    the  time  the  investment  is  approved  by  the  Authority.
 3    Investment by the Authority in the  Illinois  Small  Business
 4    Growth Corporation is not limited by the foregoing provision;
 5        (e)  To  purchase  qualified securities of small business
 6    investment companies and minority enterprise  small  business
 7    investment   corporations  certified  by  the  federal  Small
 8    Business Administration which are committed to making 60%  of
 9    their  investments  in  the  State, provided that investments
10    from the Fund do not exceed 25% of the  total  investment  in
11    these  entities at the time the investment is approved by the
12    Authority;
13        (f) To make the investments of any funds held in reserves
14    or sinking funds, or any funds  not  required  for  immediate
15    disbursement, as may be lawful investments for fiduciaries in
16    the State;
17        (g)   To  facilitate  and  promote  the  acquisition  and
18    revitalization  of  existing  manufacturing  enterprises   by
19    developing  and  maintaining  a  list  of firms, or divisions
20    thereof, located within the  State  that  are  available  for
21    purchase,  merger,  or  acquisition.  The  list shall be made
22    available at such charges as the Authority may  determine  to
23    all interested persons and institutions upon request. No firm
24    shall   appear   on   the  list  without  its  prior  written
25    permission. The list may contain such  additional  financial,
26    technical, market and other information as may be supplied by
27    the  listed  firm. The Authority shall bear no responsibility
28    for the accuracy of the information contained  on  the  list,
29    and  each  listed  firm  shall  hold  the  Authority harmless
30    against any claim of  inaccuracy.  Enterprises  supported  by
31    investments  from the Fund shall receive consideration by the
32    Authority in the allocation of loans to be insured  or  loans
33    to  be  made  from the proceeds of bonds to be insured by the
34    Industrial Revenue Bond Insurance Fund established under this
 
                            -50-     LRB093 08352 SJM 17243 a
 1    Article, and the Authority shall  coordinate  its  activities
 2    under the 2 programs.

 3        Section  810-25.  Direct  and  Co-venture Investments. An
 4    enterprise seeking a  direct  investment  from  the  Illinois
 5    Venture  Investment  Fund  shall file an application with the
 6    Authority along with an applicable fee to  be  determined  by
 7    the  Authority.  A valid application shall contain a business
 8    plan, including a  description  of  the  enterprise  and  its
 9    management,  a statement of the amount, timing, and projected
10    use of the  capital  required,  a  statement  concerning  the
11    feasibility  of the proposed technology, product, process, or
12    invention,  its  state  of  development  and  likelihood   of
13    commercial  success,  a  statement  of the potential economic
14    impact of the enterprise on the State, including the  number,
15    location,  and types of jobs expected to be created, and such
16    other information as the Authority shall require. In addition
17    to the foregoing, the Authority shall approve an  application
18    for  a  direct  investment  and  shall  approve  a co-venture
19    investment only after it has made the following findings:
20        (a) The enterprise has a reasonable chance of success;
21        (b) If  the  application  is  for  a  direct  investment,
22    Authority  participation  is  necessary to the success of the
23    enterprise   because   conventional,   private   funding   is
24    unavailable in the traditional capital  markets,  or  because
25    funding  has  been  offered on terms that would substantially
26    hinder the success of the enterprise;
27        (c) The technology, product, process,  or  invention  for
28    which  the  investment  is  being  made  is feasible, has the
29    potential to achieve commercial success  and  the  enterprise
30    has the potential to create substantial employment within the
31    State per dollar invested and that this employment, so far as
32    feasible,  may  be  expected  to be for residents of areas of
33    critical labor surplus;
 
                            -51-     LRB093 08352 SJM 17243 a
 1        (d) The entrepreneur, investors, shareholders, and  other
 2    founders of the enterprise have already made or are obligated
 3    to  make  a  substantial financial and time commitment to the
 4    enterprise;
 5        (e)  The  securities  to  be  purchased   are   qualified
 6    securities;
 7        (f)  The  Authority determines that the possible gains on
 8    the investment are at least commensurate  with  the  risk  of
 9    loss  and  that  there  is  a reasonable possibility that the
10    Authority will recoup its investment, within 10  years  after
11    the investment or such other time period as negotiated by the
12    Authority,   through   the   receipt  of  interest  payments,
13    dividends, capital gains, or other distribution  of  profits,
14    or royalties on investments made by the Authority; and
15        (g)  Binding  commitments have been made to the Authority
16    by the enterprise for adequate reporting of financial data to
17    the Authority and any participating professional investors or
18    seed capital investors. The report shall  include  an  annual
19    audit  of  the  books  of  the  enterprise  by an independent
20    certified public accountant if the Authority so requires. The
21    Authority and any  participating  professional  investors  or
22    seed  capital  investors  shall secure sufficient contractual
23    rights from the enterprise as the  Authority  shall  consider
24    prudent   to   protect   the  investment  of  the  Authority,
25    including, at the discretion of  the  Authority  and  without
26    limitation,  a right of access to financial and other records
27    of the enterprise.  The  Authority's  interest  in  qualified
28    securities from investments shall not represent more than 49%
29    of  the  voting stock of any single enterprise at the time of
30    purchase  after  giving  effect  to  the  conversion  of  all
31    outstanding convertible securities of the enterprise. In  the
32    event  of severe financial difficulty that in the judgment of
33    the Authority  threatens  the  investment  of  the  Authority
34    therein,  a  greater  percentage  of  those securities may be
 
                            -52-     LRB093 08352 SJM 17243 a
 1    owned or acquired by the Authority.

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

29        Section 810-35. Documentary  materials  concerning  trade
30    secrets; Commercial or financial information; Confidentially.
31    Any  documentary  materials  or  data made or received by any
32    member, agent or employee of the  Authority,  to  the  extent
 
                            -53-     LRB093 08352 SJM 17243 a
 1    that   such  material  or  data  consist  of  trade  secrets,
 2    commercial or financial information regarding  the  operation
 3    of any enterprise conducted by an applicant for, or recipient
 4    of,  any  form of assistance which the Authority is empowered
 5    to render, or regarding  the  competitive  position  of  such
 6    enterprise  in  a  particular field of endeavor, shall not be
 7    deemed  public  records;  provided,  however,  that  if   the
 8    Authority   purchases   a   qualified   security   from  such
 9    enterprise,  the  commercial   and   financial   information,
10    excluding  trade  secrets, shall be deemed to become a public
11    record of the Authority after the expiration of 3 years  from
12    the  date  of purchase of such qualified security, or, in the
13    case of such information made  or  received  by  any  member,
14    agent or employee of the Authority after the purchase of such
15    qualified  security,  3  years from the date such information
16    was made or received. Any discussion or consideration of such
17    trade secrets or commercial or financial information  may  be
18    held  by  the  Authority, in executive sessions closed to the
19    public, notwithstanding the provisions of the  Open  Meetings
20    Act;   provided,  however,  that  the  purpose  of  any  such
21    executive session shall be set forth in the official  minutes
22    of  the  Authority  and business which is not related to such
23    purpose shall not be transacted, nor shall any vote be  taken
24    during such executive sessions.

25        Section  810-40.  Tax  Exemption.  The  Illinois  Venture
26    Investment  Fund and all its proceeds shall be and are hereby
27    declared exempt from all franchise and income taxes levied by
28    the State, provided nothing  herein  shall  be  construed  to
29    exempt  from  any  such  taxes,  or  from any taxes levied in
30    connection with the manufacture, production, use or  sale  of
31    any technologies, products, processes or inventions which are
32    the  subject  of  any  agreement  earned by any enterprise in
33    which the Authority has invested.
 
                            -54-     LRB093 08352 SJM 17243 a
 1                             ARTICLE 815
 2                           LAND BANK FUND

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

25        Section  815-10.  Definitions.   The   following   terms,
26    whenever  used or referred to in this Article, shall have the
27    following meanings ascribed to them, except where the context
28    clearly requires otherwise:
29        (a) "Property" means  land,  parcels  or  combination  of
30    parcels,  structures,  and  all  improvements,  easements and
31    franchises;
32        (b) "Redevelopment area" means any property  which  is  a
 
                            -55-     LRB093 08352 SJM 17243 a
 1    contiguous  area  of at least 2 acres but less than 160 acres
 2    in the aggregate located within one and one-half miles of the
 3    corporate limits of a municipality and  not  included  within
 4    any  municipality,  where,  (1)  if  improved,  a substantial
 5    proportion of  the  industrial,  commercial  and  residential
 6    buildings  or  improvements  are  detrimental  to  the public
 7    safety, health, morals or welfare because of a combination of
 8    any of the following factors:  age;  physical  configuration;
 9    dilapidation;    structural    or    economic   obsolescence;
10    deterioration; illegal use of individual structures; presence
11    of structures below minimum  code  standards;  excessive  and
12    sustained vacancies; overcrowding of structures and community
13    facilities;  inadequate  ventilation,  light,  sewer,  water,
14    transportation    and    other   infrastructure   facilities;
15    inadequate utilities; excessive  land  coverage;  deleterious
16    land   use  or  layout;  depreciation  or  lack  of  physical
17    maintenance; and  lack  of  community  planning;  or  (2)  if
18    vacant, the sound utilization of land for industrial projects
19    is  impaired  by  a combination of 2 or more of the following
20    factors: obsolete platting of the vacant land;  diversity  of
21    ownership   of   such   land;   tax  and  special  assessment
22    delinquencies on such land; and deterioration  of  structures
23    or site improvements in neighboring areas to the vacant land,
24    or the area immediately prior to becoming vacant qualified as
25    a  redevelopment  improved  area;  or (3) if an improved area
26    within the boundaries of a  development  project  is  located
27    within  the corporate limits of the municipality in which 50%
28    or more of the structures in the area have an age of 35 years
29    or more, such area does not qualify under clause (1)  but  is
30    detrimental  to  the  public safety, health morals or welfare
31    and such area may become a  redevelopment  area  pursuant  to
32    clause  (1)  because  of  a  combination  of 3 or more of the
33    factors specified in clause (1).
34        (c)  "Enterprise"  means  an   individual,   corporation,
 
                            -56-     LRB093 08352 SJM 17243 a
 1    partnership,  joint  venture, trust, estate or unincorporated
 2    association;
 3        (d) "Development plan" means the comprehensive program of
 4    the Authority and  the  participating  entity  to  reduce  or
 5    eliminate  those  conditions the existence of which qualified
 6    the project area as a redevelopment  area.  Each  development
 7    plan  shall set forth in writing the program to be undertaken
 8    to accomplish such  objectives  and  shall  include,  without
 9    limitation,  estimated development project costs, the sources
10    of funds to pay costs, the nature and term of any obligations
11    to be issued, the most recent equalized assessed valuation of
12    the project area, an estimate as to  the  equalized  assessed
13    valuation  after  development  and  the  general land uses to
14    apply in the project area.
15        (e)  "Development   project"   means   any   project   in
16    furtherance   of   the  objectives  of  a  development  plan,
17    including any building or buildings or building  addition  or
18    other  structures  to  be  newly  constructed,  renovated  or
19    improved  and  suitable  for  use  by  an  enterprise  as  an
20    industrial  project,  and includes the sites and other rights
21    in the property on which such  buildings  or  structures  are
22    located.
23        (f)  "Participating entity" means a municipality, a local
24    industrial  development  agency  or  an  enterprise  or   any
25    combination thereof.

26        Section  815-15.  Illinois Land Bank Fund; Creation; Use.
27    There  is  hereby  created  the  Illinois  Land  Bank   Fund,
28    hereafter  referred  to  in Sections 815-15 through 815-30 of
29    this Act as the "Fund". The Treasurer of the Authority  shall
30    have  custody of the Fund, which shall be held outside of the
31    State Treasury. The Authority is authorized to accept any and
32    all grants, loans, subsidies, matching funds, reimbursements,
33    appropriations, transfers of  appropriations,  federal  grant
 
                            -57-     LRB093 08352 SJM 17243 a
 1    monies,  income  derived from investments, or other things of
 2    value from the federal or state governments or units of local
 3    government or any agency thereof or from  an  enterprise  for
 4    deposit  in  the  Fund.  The  Authority  is authorized to use
 5    monies deposited in  the  Fund  expressly  for  the  purposes
 6    specified  in  and according to the procedures established by
 7    Sections 815-20 through 815-30 of this Act.

 8        Section 815-20. Powers and Duties.
 9        (a) The Authority shall have the  following  powers  with
10    respect to redevelopment areas:
11             (1)   To   acquire   and   possess   property  in  a
12        redevelopment area;
13             (2)  To  clear  any  such  areas  so   acquired   by
14        demolition  of  existing  structures and buildings and to
15        make necessary improvements to the property essential  to
16        its reuse in conformity with a development plan; and
17             (3)  To convey property for use in accordance with a
18        development plan.
19        (b) Before acquiring  property  under  this  Section  the
20    Authority  shall hold a public hearing after notice published
21    in a newspaper of general circulation in the county in  which
22    the property is located and shall find:
23             (1) The property is in a redevelopment area;
24             (2)  Such  acquisition or possession is necessary or
25        reasonably required to  retain  existing  enterprises  or
26        attract  new  enterprises  and  to promote sound economic
27        growth and to carry out the  purposes  of  Section  815-5
28        through 815-30 of this Act;
29             (3)   The   assembly   of  property  is  not  unduly
30        competitive with similar assemblies by private enterprise
31        in the area or surrounding areas; and
32             (4)   The   participating   entity,   without    the
33        involvement   of   the   Authority,  would  be  unlikely,
 
                            -58-     LRB093 08352 SJM 17243 a
 1        unwilling or unable to undertake  such  redevelopment  of
 2        the property as was necessary for economic development.
 3        (c)  No  property may be acquired by the Authority unless
 4    the  acquisition  is  consented  to  by  resolution  of   the
 5    corporate  authorities  of the municipality with jurisdiction
 6    over the property under  Section  11-12-6  of  the  Municipal
 7    Code.
 8        (d) The Authority may acquire any interest in property in
 9    a  redevelopment  area by purchase, lease, or gift, but shall
10    not have the power of condemnation.
11        (e) No property shall  be  acquired  under  this  Section
12    unless the Authority has adopted a development plan under the
13    provisions of Section 815-25.

14        Section 815-25. Development Plans.
15        (a)   No  development  plan  shall  be  approved  by  the
16    Authority unless after a  public  hearing  held  upon  notice
17    published in a newspaper of general circulation in the county
18    where the property is located, the Authority finds:
19             (1) The plan provides for projects which will reduce
20        unemployment;
21             (2) The redevelopment area on the whole has not been
22        subject  to  growth and development through investment by
23        private  enterprise   and   would   not   reasonably   be
24        anticipated  to  be developed without the adoption of the
25        development plan;
26             (3) The corporate authorities  of  the  municipality
27        with jurisdiction over the property under Section 11-12-6
28        of  the  Municipal Code have by resolution found that the
29        development plan conforms to the  comprehensive  plan  of
30        the municipality;
31             (4)  A participating entity has agreed to enter into
32        such contracts and other agreements as are  necessary  to
33        acquire, redevelop and improve the property in accordance
 
                            -59-     LRB093 08352 SJM 17243 a
 1        with the development plan;
 2             (5)  The acquisition of the property, its possession
 3        and ultimate use according to the development plan can be
 4        financed by participating entities and the Authority  and
 5        the   development   plan   will   be  completed  and  all
 6        obligations of the Authority incurred in connection  with
 7        the  redevelopment  plan  will be retired within 20 years
 8        from the Authority's approval of  the  development  plan;
 9        and
10             (6)   The   development   plan   meets   such  other
11        requirements as the Authority may establish by rule.
12        (b) The Authority may dispose of any  property  which  is
13    the  subject of a development plan in such manner, whether by
14    sale, lease or otherwise, and for such price, rental or other
15    consideration, including an amount not less than 2/3  of  its
16    acquisition   cost,  payable  over  such  term,  and  bearing
17    interest as to deferred payments, and secured in such manner,
18    by mortgage or otherwise, all as the Authority shall  provide
19    in the development plan.
20        (c)  Pending  disposition  of  such  land,  any  existing
21    property  acquired by the Authority in the course of carrying
22    out the provisions of this Act may be adequately and properly
23    preserved, and may be maintained, leased or  administered  by
24    the  Authority  by  a contract made by the Authority with any
25    participating   entity,   enterprise   or   individual   with
26    experience in the area of property development, management or
27    administration.
28        (d)  Whenever  the  Authority  shall  have   approved   a
29    development  plan,  the  Authority  may amend the development
30    plan from time to time in conformity with this Section.

31        Section 815-30. Local  Planning;  Relocation  Costs.  The
32    Authority  may  arrange  or  contract  with a municipality or
33    municipalities  for  the  planning,   re-planning,   opening,
 
                            -60-     LRB093 08352 SJM 17243 a
 1    grading  or closing of streets, roads, alleys or other places
 2    or for the furnishing of facilities or for the acquisition by
 3    the municipality or municipalities of  property  or  property
 4    rights  or  for  the  furnishing  of  property or services in
 5    connection  with  a  development  project  or  projects.  The
 6    Authority  is  hereby  authorized  to  pay   the   reasonable
 7    relocation  costs, up to a total of $25,000 per relocatee, of
 8    persons and businesses displaced as a result of carrying  out
 9    a development plan as authorized by this Article.

10                             ARTICLE 820
11                          LOCAL GOVERNMENT

12        Section  820-5. Findings and Declaration of Policy. It is
13    hereby found and declared that there exists an urgent need to
14    upgrade and expand the capital facilities, infrastructure and
15    public purpose projects of units of local government  and  to
16    promote  other  public purposes to be carried out by units of
17    local government; that federal  funding  reductions  combined
18    with  shifting  economic  conditions  have impeded efforts by
19    units  of  local  governments  to   provide   the   necessary
20    improvements  to  their  capital  facilities,  infrastructure
21    systems  and  public purpose projects and to accomplish other
22    public purposes in  recent  years;  that  adequate  and  well
23    maintained  capital  facilities,  infrastructure  systems and
24    public  purpose  projects  throughout  this  State  and   the
25    performance  of  other  public  purposes  by  units  of local
26    government  throughout  this  State  can  offer   significant
27    economic  benefits  and  an  improved quality of life for all
28    citizens of this State; that the exercise by the Authority of
29    the powers granted in  this  Article  will  promote  economic
30    development  by enhancing the capital stock of units of local
31    governments and will facilitate the accomplishment  of  other
32    public   purposes   by   units   of  local  government;  that
 
                            -61-     LRB093 08352 SJM 17243 a
 1    authorizing the Authority to borrow money in the  public  and
 2    private capital markets in order to provide money to purchase
 3    or otherwise acquire obligations of units of local government
 4    will assist such units of local government in borrowing money
 5    to finance and refinance the public purpose projects, capital
 6    facilities  and  infrastructure  of  the units and to finance
 7    other public purposes of such units of local  government,  in
 8    providing  access  to adequate capital markets and facilities
 9    for borrowing money by such units  of  local  government,  in
10    encouraging continued investor interest in the obligations of
11    such  units of local government, in providing for the orderly
12    marketing  of  the  obligations  of  such  units   of   local
13    government, and in achieving lower overall borrowing cost and
14    more  favorable  terms  for  such  borrowing;  and  that  the
15    provisions  of  this Article are hereby declared to be in the
16    public interest and for the public benefit.

17        Section  820-10.  Definitions.  The  following  words  or
18    terms, whenever used or referred to in  this  Article,  shall
19    have  the  following  meanings ascribed to them, except where
20    the context clearly requires otherwise:
21        (a)  "Department"  means  the  Illinois   Department   of
22    Commerce and Economic Opportunity.
23        (b)  "Unit  of  local government" means any unit of local
24    government, as defined in Article VII, Section 1 of the  1970
25    State  Constitution  and any local public entity as that term
26    is  defined  by  the  Local  Governmental  and   Governmental
27    Employees  Tort  Immunity Act and also includes the State and
28    any instrumentality, office, officer,  department,  division,
29    bureau, commission, college or university thereof.
30        (c)  "Energy conservation project" means any improvement,
31    repair, alteration or betterment of any building or  facility
32    or  any equipment, fixture or furnishing including its energy
33    using mechanical devices to  be  added  to  or  used  in  any
 
                            -62-     LRB093 08352 SJM 17243 a
 1    building  or facility that the Director of the Department has
 2    certified to the Authority will be a  cost  effective  energy
 3    related  project  that  will lower energy or utility costs in
 4    connection with the operation or maintenance of such building
 5    or facility, and will achieve energy cost savings  sufficient
 6    to  cover bond debt service and other project costs within 10
 7    years from the date of project installation.

 8        Section 820-15. Creation of Reserve Funds. The  Authority
 9    may establish and maintain one or more reserve funds in which
10    there  may  be  one  or  more  accounts in which there may be
11    deposited:
12        (a)  Any  proceeds  of  bonds  issued  by  the  Authority
13    required to be deposited therein by the terms of any contract
14    between the Authority and its bondholders or  any  resolution
15    of the Authority;
16        (b)  Any  other moneys or funds of the Authority which it
17    may determine to deposit therein from any other source; and
18        (c) Any other moneys  or  funds  made  available  to  the
19    Authority,  including  without limitation any proceeds of any
20    local government security or any taxes  or  revenues,  rates,
21    charges,  assessments,  grants,  or  other  funds  pledged or
22    assigned  to  pay,  repay  or  secure  any  local  government
23    security. Subject to the terms of any pledge to the owners of
24    any bond, moneys in any reserve fund may be held and  applied
25    to the payment of the interest, premium, if any, or principal
26    of  bonds  or  local  government  securities or for any other
27    purpose authorized by the Authority.

28        Section  820-20.  Powers  and  Duties;   Illinois   Local
29    Government  Financing  Assistance  Program. The Authority has
30    the power:
31        (a) To purchase from time to time pursuant to  negotiated
32    sale  or  to  otherwise  acquire  from time to time any local
 
                            -63-     LRB093 08352 SJM 17243 a
 1    government securities issued by one or more  units  of  local
 2    government  upon  such  terms and conditions as the Authority
 3    may prescribe;
 4        (b) To issue bonds in one or more series pursuant to  one
 5    or   more  resolutions  of  the  Authority  for  any  purpose
 6    authorized under this Article, including  without  limitation
 7    purchasing   or   acquiring   local   government  securities,
 8    providing for the payment of any interest deemed necessary on
 9    such bonds, paying for the cost of issuance  of  such  bonds,
10    providing  for  the  payment  of  the cost of any guarantees,
11    letters of  credit,  insurance  contracts  or  other  similar
12    credit support or liquidity instruments, or providing for the
13    funding  of  any reserves deemed necessary in connection with
14    such bonds and refunding or advance  refunding  of  any  such
15    bonds  and  the interest and any premium thereon, pursuant to
16    this Act;
17        (c) To provide for the funding of any reserves  or  other
18    funds  or  accounts  deemed  necessary  by  the  Authority in
19    connection with any bonds issued by the  Authority  or  local
20    government  securities purchased or otherwise acquired by the
21    Authority;
22        (d) To pledge any local  government  security,  including
23    any payments thereon, and any other funds of the Authority or
24    funds made available to the Authority which may be applied to
25    such  purpose,  as  security for any bonds or any guarantees,
26    letters of credit,  insurance  contracts  or  similar  credit
27    support or liquidity instruments securing the bonds;
28        (e)  To  enter  into  agreements  or contracts with third
29    parties,  whether  public  or  private,   including   without
30    limitation  the  United  States of America, the State, or any
31    department or agency thereof to  obtain  any  appropriations,
32    grants,  loans  or  guarantees  which are deemed necessary or
33    desirable by the Authority. Any such guarantee, agreement  or
34    contract  may  contain  terms  and  provisions  necessary  or
 
                            -64-     LRB093 08352 SJM 17243 a
 1    desirable  in  connection  with  the  program, subject to the
 2    requirements established by this Article;
 3        (f) To charge reasonable  fees  to  defray  the  cost  of
 4    obtaining  letters  of  credit,  insurance contracts or other
 5    similar documents, and to charge such other  reasonable  fees
 6    to  defray the cost of trustees, depositories, paying agents,
 7    bond  registrars,  escrow  agents  and  other  administrative
 8    expenses. Any such fees shall be payable by  units  of  local
 9    government whose local government securities are purchased or
10    otherwise acquired by the Authority pursuant to this Article,
11    in  such  amounts  and  at  such times as the Authority shall
12    determine, and the amount of the fees  need  not  be  uniform
13    among  the  various  units  of  local  government whose local
14    government securities are purchased or otherwise acquired  by
15    the Authority pursuant to this Article;
16        (g) To obtain and maintain guarantees, letters of credit,
17    insurance  contracts  or  similar credit support or liquidity
18    instruments  which  are  deemed  necessary  or  desirable  in
19    connection  with  any  bonds  or  other  obligations  of  the
20    Authority or any local government securities;
21        (h) To establish application fees and other service  fees
22    and prescribe application, notification, contract, agreement,
23    security  and  insurance  forms  and rules and regulations it
24    deems necessary or appropriate;
25        (i) To provide technical assistance, at  the  request  of
26    any  unit  of local government, with respect to the financing
27    or refinancing for any public purpose. In fulfillment of this
28    purpose,  the  Authority  may  request  assistance  from  the
29    Department as necessary; any unit of local government that is
30    experiencing either a financial emergency as defined  in  the
31    Local  Government Financial Planning and Supervision Act or a
32    condition of fiscal crisis evidenced by an  impaired  ability
33    to  obtain  financing  for  its  public purpose projects from
34    traditional financial channels or impaired ability  to  fully
 
                            -65-     LRB093 08352 SJM 17243 a
 1    fund  its  obligations to fire, police and municipal employee
 2    pension funds, or to bond payments or reserves,  may  request
 3    technical  assistance  from  the  Authority  in the form of a
 4    diagnostic evaluation of its financial condition;
 5        (j) To purchase any obligations of the  Authority  issued
 6    pursuant to this Article;
 7        (k)  To  sell,  transfer  or  otherwise  dispose of local
 8    government securities purchased or otherwise acquired by  the
 9    Authority   pursuant   to  this  Article,  including  without
10    limitation,  the  sale,  transfer  or  other  disposition  of
11    undivided fractionalized interests in the  right  to  receive
12    payments  of  principal  and premium, if any, or the right to
13    receive payments of interest or the right to receive payments
14    of principal of and premium, if any, and interest on pools of
15    such local government securities;
16        (l) To  acquire,  purchase,  lease,  sell,  transfer  and
17    otherwise  dispose  of  real  and  personal  property, or any
18    interest therein, and to  issue  its  bonds  and  enter  into
19    leases,  contracts  and  other agreements with units of local
20    government in connection with such  acquisitions,  purchases,
21    leases,  sales  and  other  dispositions  of  such  real  and
22    personal property;
23        (m)  To  make loans to banks, savings and loans and other
24    financial institutions  for  the  purpose  of  purchasing  or
25    otherwise acquiring local government securities, and to issue
26    its  bonds,  and  enter  into  agreements  and  contracts  in
27    connection with such loans;
28        (n) To enter into agreements or contracts with any person
29    necessary  or appropriate to place the payment obligations of
30    the Authority under any of its bonds in whole or in  part  on
31    any  interest  rate  basis,  cash  flow basis, or other basis
32    desired  by  the  Authority,  including  without   limitation
33    agreements or contracts commonly known as "interest rate swap
34    agreements,"  "forward  payment  conversion  agreements," and
 
                            -66-     LRB093 08352 SJM 17243 a
 1    "futures," or agreements or contracts to exchange cash  flows
 2    or   a  series  of  payments,  or  agreements  or  contracts,
 3    including without limitation agreements or contracts commonly
 4    known as "options," "puts" or "calls," to hedge payment, rate
 5    spread,  or  similar  exposure;  provided,  that   any   such
 6    agreement  or contract shall not constitute an obligation for
 7    borrowed money, and shall not be  taken  into  account  under
 8    Section  845-5  of  this  Act  or any other debt limit of the
 9    Authority or the State of Illinois;
10        (o) To make and  enter  into  all  other  agreements  and
11    contracts and execute all instruments necessary or incidental
12    to  performance of its duties and the execution of its powers
13    under this Article;
14        (p) To contract for  and  finance  the  costs  of  energy
15    audits,     project-specific     engineering    and    design
16    specifications, and any other related analyses preliminary to
17    an energy conservation project;  and,  to  contract  for  and
18    finance the cost of project monitoring and data collection to
19    verify     post-installation     energy    consumption    and
20    energy-related operating costs. Any such  contract  shall  be
21    executed  only  after  it  has been jointly negotiated by the
22    Authority and the Department; and
23        (q) To exercise such other powers  as  are  necessary  or
24    incidental to the foregoing.

25        Section  820-25.  Unit of Local Government Participation.
26    Any unit of local government  is  authorized  to  voluntarily
27    participate  in  this  program.  Any unit of local government
28    which is authorized to issue,  sell  and  deliver  its  local
29    government securities under any provision of the Constitution
30    or  laws  of the State may issue, sell and deliver such local
31    government securities to the Authority  under  this  Article;
32    provided  that and notwithstanding any other provision of law
33    to the contrary, any such unit of local government may  issue
 
                            -67-     LRB093 08352 SJM 17243 a
 1    and  sell  any such local government security at any interest
 2    rate or rates, which rate or rates may be established  by  an
 3    index   or  formula  which  may  be  implemented  by  persons
 4    appointed or retained  therefor,  payable  at  such  time  or
 5    times, and at such price or prices to which the unit of local
 6    government  and  the  Authority  may agree. Any unit of local
 7    government may  pay  any  amount  charged  by  the  Authority
 8    pursuant  to  this  Article.  Any  unit  of  local government
 9    participating in this program may pay out of the proceeds  of
10    its local government securities or out of any other moneys or
11    funds  available  to  it  for  such purposes any costs, fees,
12    interest deemed necessary, premium or  reserves  incurred  or
13    required for financing or refinancing this program, including
14    without limitation any fees charged by the Authority pursuant
15    to   this  Article  and  its  share,  as  determined  by  the
16    Authority, of any costs,  fees,  interest  deemed  necessary,
17    premium  or reserves incurred or required pursuant to Section
18    820-20 of this Act. All local government securities purchased
19    or otherwise acquired by the Authority pursuant to  this  Act
20    shall  upon  delivery  to  the Authority be accompanied by an
21    approving opinion of bond counsel as to the validity of  such
22    securities.  The  Authority shall have discretion to purchase
23    or otherwise acquire those local government securities, as it
24    shall deem to be  in  the  best  interest  of  its  financing
25    program for all units of local government taken as a whole.

26        Section   820-30.   Criteria  for  Participation  in  the
27    Program.  If  the  Authority  requires  an  application   for
28    participation  in  the  Program,  upon submission of any such
29    application, the Authority or any entity  on  behalf  of  the
30    Authority  shall review such application for its completeness
31    and may at its discretion, accept or reject such  application
32    or  request such additional information as it deems necessary
33    or advisable to aid its review. In the course of its  review,
 
                            -68-     LRB093 08352 SJM 17243 a
 1    the  Authority  may  consider but shall not be limited to the
 2    following factors:
 3        (a) Whether  the  public  purpose  for  which  the  local
 4    government  security  is to be issued will have a significant
 5    impact on the economy, environment, health or safety  of  the
 6    unit of local government;
 7        (b)  The extent to which the public purpose for which the
 8    local government  security  is  to  be  issued  will  provide
 9    reinforcement  for  other  community and economic development
10    related investments by such units of local government;
11        (c) The credit worthiness of the unit of local government
12    and  the  local  government  security,   including,   without
13    limitation,  the  ability  of the unit of local government to
14    comply with the credit requirements of the  provider  of  any
15    guarantees,  letters  of credit, insurance contracts or other
16    similar credit support or liquidity instruments; and
17        (d)  Such  other  factors  as  deemed  necessary  by  the
18    Authority which are consistent with the intent of this Act.

19        Section 820-35. The Authority shall assist the Department
20    to establish and implement a program to assist units of local
21    government to  identify  and  arrange  financing  for  energy
22    conservation  projects  in  buildings and facilities owned or
23    leased by units of local government.  Such  bonds  shall  not
24    constitute  an  indebtedness  or  obligation  of the State of
25    Illinois and it shall be plainly stated on the face  of  each
26    bond  that  it  does  not  constitute such an indebtedness or
27    obligation but is payable solely from the revenues, income or
28    other assets of the Authority pledged therefor.

29        Section 820-40. Investment of Moneys. Any moneys  at  any
30    time  held by the Authority pursuant to this Article shall be
31    held outside the State Treasury in the custody of either  the
32    Treasurer  of  the  Authority  or  a  trustee  or  depository
 
                            -69-     LRB093 08352 SJM 17243 a
 1    appointed  by  the  Authority. Such moneys may be invested in
 2    (a) investments authorized by  the  Public  Funds  Investment
 3    Act,  (b)  obligations  issued  by  any  State, unit of local
 4    government or school district, which obligations are rated at
 5    the time of purchase by a national rating service within  the
 6    2 highest rating classifications without regard to any rating
 7    refinement  or  gradation by numerical or other modifier, (c)
 8    equity securities of an investment company  registered  under
 9    the  Investment  Company Act of l940 whose sole assets, other
10    than cash and other temporary  investments,  are  obligations
11    which  are  eligible  investments  for  the Authority, or (d)
12    investment  contracts  under  which  securities  are  to   be
13    purchased and sold at a predetermined price on a future date,
14    or  pursuant  to  which  moneys  are deposited with a bank or
15    other financial institution and  the  deposits  are  to  bear
16    interest   at   an  agreed  upon  rate,  provided  that  such
17    investment contracts are  with  a  bank  or  other  financial
18    institution  whose  obligations  are  rated  at  the  time of
19    purchase by a national rating service within  the  2  highest
20    rating   classifications   without   regard   to  any  rating
21    refinement or gradation by numerical or other  modifier.  The
22    interest,  dividends  or other earnings from such investments
23    may be used to pay  administrative  costs  of  the  Authority
24    incurred   in   administering   the  program  or  trustee  or
25    depository fees incurred in connection with such program.

26        Section 820-45. Pledge of Revenues by the Authority.  Any
27    pledge  of  revenues  or  other  moneys made by the Authority
28    shall be binding from the time the pledge is  made.  Revenues
29    and  other  moneys  so  pledged  shall be held outside of the
30    State Treasury and in the custody of either the Treasurer  of
31    the  Authority  or a trustee or a depository appointed by the
32    Authority. Revenues or other moneys so pledged and thereafter
33    received by the Authority or such trustee or depository shall
 
                            -70-     LRB093 08352 SJM 17243 a
 1    immediately be subject to the lien of the pledge without  any
 2    physical delivery thereof or further act, and the lien of any
 3    pledge  shall be binding against all parties having claims of
 4    any  kind  of  tort,  contract  or  otherwise   against   the
 5    Authority,  irrespective  of  whether the parties have notice
 6    thereof. Neither the resolution nor any other  instrument  by
 7    which a pledge is created need be filed or recorded except in
 8    the  records  of  the Authority. The State does pledge to and
 9    agree with the holders of bonds, and the beneficial owners of
10    the local government securities,  that  the  State  will  not
11    limit  or  restrict the rights hereby vested in the Authority
12    to  purchase,  acquire,  hold,  sell  or  dispose  of   local
13    government  securities  or  other investments or to establish
14    and collect such fees or other charges as may  be  convenient
15    or  necessary  to  produce  sufficient  revenues  to meet the
16    expenses of operation of the Authority, and  to  fulfill  the
17    terms  of any agreement made with the holders of the bonds or
18    the beneficial owners of the local government  securities  or
19    in  any  way  impair the rights or remedies of the holders of
20    those bonds or the beneficial owners of the local  government
21    securities  until  such  bonds or local government securities
22    are fully paid and discharged or provision for their  payment
23    has been made.

24        Section  820-50.  Pledge  of  Funds  by  Units  of  Local
25    Government.
26        (a)  Pledge  of Funds. Any unit of local government which
27    receives funds from  the  Department  of  Revenue,  including
28    without   limitation  funds  received  pursuant  to  Sections
29    8-11-1, 8-11-1.4, 8-11-5 or 8-11-6 of the Illinois  Municipal
30    Code, the Home Rule County Retailers' Occupation Tax Act, the
31    Home   Rule  County  Service  Occupation  Tax  Act,  Sections
32    25.05-2, 25.05-3 or 25.05-10 of "An Act to revise the law  in
33    relation to counties", Section 5.01 of the Local Mass Transit
 
                            -71-     LRB093 08352 SJM 17243 a
 1    District  Act,  Section  4.03  of the Regional Transportation
 2    Authority Act, Sections 2 or 12 of the State Revenue  Sharing
 3    Act,  or  from  the  Department of Transportation pursuant to
 4    Section 8 of the Motor  Fuel  Tax  Law,  or  from  the  State
 5    Superintendent  of  Education (directly or indirectly through
 6    regional superintendents of schools) pursuant to  Article  18
 7    of  the School Code, or any unit of government which receives
 8    other funds which are at any time in the custody of the State
 9    Treasurer, the State Comptroller, the Department of  Revenue,
10    the  Department of Transportation or the State Superintendent
11    of Education may by appropriate proceedings,  pledge  to  the
12    Authority  or  any  entity  acting on behalf of the Authority
13    (including, without limitation, any trustee), any or  all  of
14    such  receipts to the extent that such receipts are necessary
15    to provide revenues to pay the principal of, premium, if any,
16    and interest on, and other fees related to, or to secure, any
17    of the local government securities  of  such  unit  of  local
18    government which have been sold or delivered to the Authority
19    or its designee or to pay lease rental payments to be made by
20    such  unit  of local government to the extent that such lease
21    rental payments secure  the  payment  of  the  principal  of,
22    premium,  if any, and interest on, and other fees related to,
23    any local government  securities  which  have  been  sold  or
24    delivered  to  the  Authority  or its designee. Any pledge of
25    such receipts (or any portion  thereof)  shall  constitute  a
26    first  and  prior  lien thereon and shall be binding from the
27    time the pledge is made.
28        (b) Direct Payment of Pledged Receipts. Any such unit  of
29    local government may, by such proceedings, direct that all or
30    any  of  such  pledged receipts payable to such unit of local
31    government be paid directly to the Authority  or  such  other
32    entity  (including  without  limitation  any trustee) for the
33    purpose of paying the principal  of,  premium,  if  any,  and
34    interest  on,  and  fees  relating  to, such local government
 
                            -72-     LRB093 08352 SJM 17243 a
 1    securities or for the purpose of  paying  such  lease  rental
 2    payments  to  the  extent  necessary to pay the principal of,
 3    premium, if any, and interest on, and other fees related  to,
 4    such local government securities secured by such lease rental
 5    payments.   Upon   receipt   of  a  certified  copy  of  such
 6    proceedings by the State Treasurer,  the  State  Comptroller,
 7    the  Department  of Revenue, the Department of Transportation
 8    or the State Superintendent of Education, as the case may be,
 9    such Department or  State  Superintendent  shall  direct  the
10    State Comptroller and State Treasurer to pay to, or on behalf
11    of,  the  Authority  or such other entity (including, without
12    limitation, any trustee) all or such portion of  the  pledged
13    receipts from the Department of Revenue, or the Department of
14    Transportation  or  the  State  Superintendent  of  Education
15    (directly  or  indirectly through regional superintendents of
16    schools), as the case may be, sufficient to pay the principal
17    of and premium, if any,  and  interest  on,  and  other  fees
18    related  to,  the local governmental securities for which the
19    pledge was made or to pay such lease rental payments securing
20    such local government securities for  which  the  pledge  was
21    made. The proceedings shall constitute authorization for such
22    a  directive  to  the State Comptroller to cause orders to be
23    drawn and to the State Treasurer to pay  in  accordance  with
24    such  directive.  To  the  extent  that  the Authority or its
25    designee notifies the Department of Revenue,  the  Department
26    of  Transportation  or the State Superintendent of Education,
27    as the case may be, that the unit  of  local  government  has
28    previously  paid  to the Authority or its designee the amount
29    of any principal, premium, interest  and  fees  payable  from
30    such  pledged  receipts,  the  State  Comptroller shall cause
31    orders to be drawn and the State  Treasurer  shall  pay  such
32    pledged  receipts  to the unit of local government as if they
33    were not pledged receipts. To the extent that  such  receipts
34    are  pledged  and paid to the Authority or such other entity,
 
                            -73-     LRB093 08352 SJM 17243 a
 1    any taxes which have been levied or fees or charges  assessed
 2    pursuant  to  law  on  account  of the issuance of such local
 3    government securities shall be paid  to  the  unit  of  local
 4    government  and  may  be  used for the purposes for which the
 5    pledged receipts would have been used.
 6        (c) Payment of Pledged Receipts upon  Default.  Any  such
 7    unit  of  local  government  may, by such proceedings, direct
 8    that such pledged receipts payable  to  such  unit  of  local
 9    government  be  paid  to  the  Authority or such other entity
10    (including without limitation any trustee) upon a default  in
11    the payment of any principal of, premium, if any, or interest
12    on,  or  fees  relating  to,  any  of  the  local  government
13    securities  of  such unit of local government which have been
14    sold or delivered to the Authority or its designee or any  of
15    the  local  government  securities  which  have  been sold or
16    delivered to the Authority or  its  designee  and  which  are
17    secured   by  such  lease  rental  payments.  If  such  local
18    governmental security is in default  as  to  the  payment  of
19    principal  thereof,  premium, if any, or interest thereon, or
20    fees  relating  thereto,  to  the  extent  that   the   State
21    Treasurer,  the State Comptroller, the Department of Revenue,
22    the Department of Transportation or the State  Superintendent
23    of   Education   (directly  or  indirectly  through  regional
24    superintendents of schools) shall be  the  custodian  at  any
25    time  of  any  other available funds or moneys pledged to the
26    payment of such local government  securities  or  such  lease
27    rental  payments  securing  such  local government securities
28    pursuant to this Section and due or payable to such a unit of
29    local government at any time subsequent to written notice  to
30    the  State Comptroller and State Treasurer from the Authority
31    or any entity acting on behalf of  the  Authority  (including
32    without  limitation any trustee) to the effect that such unit
33    of local government has not paid  or  is  in  default  as  to
34    payment of the principal of, premium, if any, or interest on,
 
                            -74-     LRB093 08352 SJM 17243 a
 1    or  fees  relating  to, any local government security sold or
 2    delivered to the Authority  or  any  such  entity  (including
 3    without  limitation  any  trustee)  or  has not paid or is in
 4    default as to the  payment  of  such  lease  rental  payments
 5    securing the payment of the principal of, premium, if any, or
 6    interest  on, or other fees relating to, any local government
 7    security sold or delivered to the  Authority  or  such  other
 8    entity (including without limitation any trustee):
 9             (i)  The  State  Comptroller and the State Treasurer
10        shall withhold the payment of such funds or  moneys  from
11        such  unit  of  local government until the amount of such
12        principal, premium, if any, interest or fees then due and
13        unpaid has been paid to the Authority or any such  entity
14        (including  without limitation any trustee), or the State
15        Comptroller and the State  Treasurer  have  been  advised
16        that  arrangements, satisfactory to the Authority or such
17        entity, have been made for the payment of such principal,
18        premium, if any, interest and fees; and
19             (ii) Within 10 days after a demand  for  payment  by
20        the  Authority or such entity given to such unit of local
21        government,   the   State   Treasurer   and   the   State
22        Comptroller, the State Treasurer shall pay such funds  or
23        moneys as are legally available therefor to the Authority
24        or  such entity for the payment of principal of, premium,
25        if any, or interest on, or fees relating to,  such  local
26        government  securities.  The Authority or any such entity
27        may carry out this Section and exercise all  the  rights,
28        remedies  and  provisions provided or referred to in this
29        Section.
30        (d) Remedies. Upon the sale  or  delivery  of  any  local
31    government  securities  of the Authority or its designee, the
32    local  government  which   issued   such   local   government
33    securities  shall  be  deemed  to  have  agreed that upon its
34    failure to pay interest or premium, if any, on, or  principal
 
                            -75-     LRB093 08352 SJM 17243 a
 1    of, or fees relating to, the local government securities sold
 2    or  delivered to the Authority or any entity acting on behalf
 3    of the Authority (including without limitation  any  trustee)
 4    when  payable,  all  statutory  defenses  to  nonpayment  are
 5    thereby  waived. Upon a default in payment of principal of or
 6    interest on any local government securities issued by a  unit
 7    of local government and sold or delivered to the Authority or
 8    its designee, and upon demand on the unit of local government
 9    for  payment,  if the local government securities are payable
10    from property taxes and funds are not  legally  available  in
11    the treasury of the unit of local government to make payment,
12    an  action  in  mandamus for the levy of a tax by the unit of
13    local government to pay the principal of or interest  on  the
14    local  government  securities shall lie, and the Authority or
15    such entity shall be constituted a holder  or  owner  of  the
16    local  government  securities  as  being in default. Upon the
17    occurrence of any failure or  default  with  respect  to  any
18    local  government  securities  issued  by  a  unit  of  local
19    government,  the Authority or such entity may thereupon avail
20    itself  of  all  remedies,  rights  and  provisions  of   law
21    applicable  in the circumstances, and the failure to exercise
22    or exert any rights or  remedies  within  a  time  or  period
23    provided by law may not be raised as a defense by the unit of
24    local government.

25        Section  820-55.  Eligible  Investments. Bonds, issued by
26    the Authority pursuant to the  provisions  of  this  Article,
27    shall  be  permissible  investments  within the provisions of
28    Section 85-40 of this Act.

29        Section 820-60. Tax Exemption.  The  exercise  of  powers
30    granted in this Article is in all respects for the benefit of
31    the people of Illinois and in consideration thereof the bonds
32    issued pursuant to the aforementioned Sections and the income
 
                            -76-     LRB093 08352 SJM 17243 a
 1    therefrom shall be free from all taxation by the State or its
 2    political  subdivisions,  except  for  estate,  transfer  and
 3    inheritance  taxes.  For  purposes  of  Section  250  of  the
 4    Illinois  Income  Tax  Act,  the exemption of the income from
 5    bonds  issued  under  the   aforementioned   Sections   shall
 6    terminate  after  all of the bonds have been paid. The amount
 7    of such income that shall be added and then subtracted on the
 8    Illinois income tax return of a taxpayer, pursuant to Section
 9    203 of the Illinois Income Tax  Act,  from  federal  adjusted
10    gross  income or federal taxable income in computing Illinois
11    base income shall be the interest net  of  any  bond  premium
12    amortization.

13                             ARTICLE 825
14                            OTHER POWERS

15        Section   825-5.   Motion   Picture  Production  Program;
16    Findings and Declaration of Policy. It is  hereby  found  and
17    declared  that  the  production  of  motion  pictures  has an
18    enormous  potential  for   contributing   to   the   economic
19    well-being  of the State and its communities; that a critical
20    mass of movie productions  is  essential  to  the  continuing
21    viability  of  this  fledgling  industry in Illinois; that to
22    achieve this critical mass, a financial inducement to attract
23    movie productions to the State  is  required;  and  that  the
24    provisions  of  this  Act  are  hereby  declared to be in the
25    public interest and for the public benefit.

26        Section 825-10. The Authority may develop a  program  for
27    financing  the  production of motion pictures in the State of
28    Illinois.  All  projects  financed  by  the  Authority  shall
29    require the approval of both the Illinois  Arts  Council  and
30    the Authority.
 
                            -77-     LRB093 08352 SJM 17243 a
 1        Section 825-15. Credit Enhancement Development Fund.
 2        (a)  There  is  hereby  created  the  Credit  Enhancement
 3    Development  Fund  in the Authority. The Treasurer shall have
 4    custody of the fund, which shall be held  outside  the  State
 5    Treasury.  Custody  may  be  transferred  to  and held by any
 6    fiduciary with whom the Authority executes a trust agreement.
 7    All or any portion of such amounts may be  used  (i)  to  pay
 8    principal,  interest and premium, if any, on any bonds issued
 9    by the Authority or to fund any reserves or accounts  created
10    for  such  purpose,  (ii)  to  pay  the cost of any letter of
11    credit, insurance or  third  party  guarantee  provided  with
12    respect  to  any bond issued by the Authority or loan made by
13    the Authority, (iii) to guarantee or  otherwise  enhance  the
14    credit  of  any  bond issued by the Authority or loan made by
15    the  Authority,  or  (iv)  to  make  loans  to  any   person,
16    corporation  or  unit  of  local  government  for any project
17    authorized to be financed by the Authority under this Act.
18        (b) The Authority shall report to the  Governor  and  the
19    General Assembly no later than June 1, 2004, on the extent to
20    which  its use of monies in this Fund has enhanced the credit
21    worthiness of its bonds issued or loans made with respect  to
22    any  person,  thereby reducing the cost of financing projects
23    authorized by this Act.

24        Section 825-20. Financially  Distressed  City  Assistance
25    Program;  Findings  and  Declarations of Policy. It is hereby
26    found and declared that there exists an urgent need to reduce
27    involuntary  unemployment  and  economic  stagnation   within
28    financially  distressed  cities  and to create therein a more
29    favorable economic climate for the  development  of  new  and
30    improved  employment  opportunities  for the citizens of such
31    cities; that to address such need it is necessary to  promote
32    sound  financial  management and fiscal integrity within such
33    cities in order to provide a secure financial basis for their
 
                            -78-     LRB093 08352 SJM 17243 a
 1    continued operation; and that implementation of a financially
 2    distressed city assistance program under  the  provisions  of
 3    this Act is declared to be in the public interest and for the
 4    public benefit.

 5        Section  825-25.  Definition.  As used in Sections 825-20
 6    through 825-60 of this Act, the term "financially  distressed
 7    city"  means  a  unit  of  local  government  which  has been
 8    certified and designated as  a  financially  distressed  city
 9    under  Section  8-12-4  of the Illinois Municipal Code and to
10    which the provisions of Division 12 of Article 8 of that Code
11    have become applicable as provided by that Section 8-12-4.

12        Section 825-30. Powers and Duties; Financing.
13        (a) Upon application of the financial advisory  authority
14    established  for a financially distressed city under Division
15    12 of Article 8 of the Illinois Municipal Code, the Authority
16    shall have the power to  issue  its  bonds,  notes  or  other
17    evidences  of  indebtedness,  the proceeds of which are to be
18    used to make loans  to  a  financially  distressed  city  for
19    purposes  of  enabling  that  city to restructure its current
20    indebtedness  and  to  provide  and  pay  for  its  essential
21    municipal services as determined in a manner consistent  with
22    Division  12  of  Article 8 of the Illinois Municipal Code by
23    the financial advisory authority established  for  that  city
24    under that Division 12.
25        (b)  Bonds authorized to be issued by the Authority under
26    Sections 825-20 through 825-60 shall  be  payable  from  such
27    revenues,  income,  funds  and  accounts  of  the financially
28    distressed city which receives a loan of any proceeds of  the
29    bonds   so  issued  as  the  Authority  shall  determine  and
30    prescribe in the loan agreement.
31        (c) The Authority may prescribe the form and contents  of
32    any  application  submitted  under  subsection  (a)  of  this
 
                            -79-     LRB093 08352 SJM 17243 a
 1    Section  and  may,  at  its discretion, accept or reject such
 2    application or require  such  additional  information  as  it
 3    deems  necessary  to  aid  in its review and determination of
 4    whether it will issue its bonds and loan the proceeds thereof
 5    as authorized under Sections 825-20 through 825-60.
 6        (d) The amount of bonds issued or proceeds thereof loaned
 7    by the Authority with respect to  an  application  which  the
 8    Authority has approved shall be determined by the Authority.
 9        (e)  The  financially  distressed  city  receiving a loan
10    under Sections 825-20 through 825-60 shall enter into a  loan
11    agreement in the form and manner prescribed by the Authority,
12    and  shall  pay back to the Authority the principal amount of
13    the  loan,  plus  annual  interest  as  determined   by   the
14    Authority.  The  Authority  shall  have the power, subject to
15    appropriations by the General Assembly, to subsidize  or  buy
16    down  a  portion  of the interest on such loans, up to 4% per
17    annum.
18        (f) The Authority  shall  create  and  establish  a  debt
19    service  reserve  fund to be maintained by a trustee separate
20    and segregated from all  other  funds  and  accounts  of  the
21    Authority.  This  reserve fund shall be initially funded by a
22    contribution of State monies.
23        (g) The amount to be  accumulated  in  the  debt  service
24    reserve  fund  shall be determined by the Authority but shall
25    not exceed the maximum  amount  of  interest,  principal  and
26    sinking  fund  installments  due  in  any succeeding calendar
27    year.

28        Section  825-35.  Pledge  of   Funds.   Any   financially
29    distressed  city  which receives funds from the Department of
30    Revenue, including without limitation funds received pursuant
31    to Section 8-11-1, 8-11-5 or 8-11-6 of the Illinois Municipal
32    Code or Section 2 or 12 of the State Revenue Sharing Act,  or
33    from  the  Department of Transportation pursuant to Section 8
 
                            -80-     LRB093 08352 SJM 17243 a
 1    of the Motor Fuel Tax Law, may, by  appropriate  proceedings,
 2    pledge  to  the  Authority, or any entity acting on behalf of
 3    the Authority (including, without limitation,  any  trustee),
 4    any  or all of such receipts to the extent that such receipts
 5    are determined by the Authority to be  necessary  to  provide
 6    revenues  to  pay  or secure the payment of the principal of,
 7    premium, if any, and interest on any of the bonds  issued  on
 8    behalf  of,  or loans made to the financially distressed city
 9    by the Authority under Sections 825-20  through  825-60.  The
10    adoption  of such proceedings shall constitute a directive to
11    the State Comptroller and State Treasurer to pay  to,  or  on
12    behalf  of,  the  Authority  or such other entity (including,
13    without limitation, any trustee) such portion of the  pledged
14    receipts  from  the  Department  of  Revenue or Department of
15    Transportation, as the  case  may  be,  and  with  the  State
16    Comptroller  and  the  State  Treasurer.  With respect to any
17    bonds issued on behalf of, or loans made to  the  financially
18    distressed  city  by  the  Authority  under  Sections  825-20
19    through  825-60,  which  are  in  default  in  the payment of
20    principal, premium, if any, or interest, to the  extent  that
21    the State Treasurer, the State Comptroller, the Department of
22    Revenue  or  the  Department  of  Transportation shall be the
23    custodian at any time of any other available funds or  moneys
24    pledged to the payment of such local government securities or
25    such  lease  rental  payments  securing such local government
26    securities pursuant to this Section and  due  or  payable  to
27    such  a  unit  of  local government at any time subsequent to
28    written notice to the State Comptroller and  State  Treasurer
29    from  the  Authority  or  any  entity acting on behalf of the
30    Authority (including, without limitation, any trustee) to the
31    effect that such financially distressed city has not paid  or
32    is  in default as to payment of the principal of, premium, if
33    any, or interest on any bonds issued on behalf of,  or  loans
34    made  to  the  financially  distressed  city by the Authority
 
                            -81-     LRB093 08352 SJM 17243 a
 1    under Sections 825-20 through 825-60:
 2        (a) The State Comptroller and the State  Treasurer  shall
 3    withhold  the  payment  of  such  funds  or  moneys  from the
 4    financially  distressed  city  until  the  amount   of   such
 5    principal,  premium, if any, and interest then due and unpaid
 6    has been paid to the  Authority  or  such  entity  acting  on
 7    behalf  of  the Authority (including, without limitation, any
 8    trustee), or the State Comptroller or  State  Treasurer  have
 9    been advised that arrangements, satisfactory to the Authority
10    or  such  entity,  have  been  made  for  the payment of such
11    principal, premium, if any, and interest; and
12        (b) Within 10 days after a  demand  for  payment  by  the
13    Authority  or such entity is given to the State Treasurer and
14    the State Comptroller, the State  Treasurer  shall  pay  such
15    funds  or  moneys  as  are  legally available therefor to the
16    Authority or  such  entity  for  the  payment  of  principal,
17    premium,  if  any,  and  interest on such bonds or loans. The
18    Authority or such entity  may  carry  out  this  Section  and
19    exercise  all the rights, remedies and provisions provided or
20    referred to in this Section.

21        Section 825-40. Additional security. In  the  event  that
22    the  Authority  determines that funds pledged, intercepted or
23    otherwise received or to be received by the  Authority  under
24    Section  825-20  of  this  Act will not be sufficient for the
25    payment of the  principal,  premium,  if  any,  and  interest
26    during  the next State fiscal year on any bonds issued by the
27    Authority under Sections 825-20 through 825-60, the Chairman,
28    as soon as is practicable, shall certify to the Governor  the
29    amount  required  by  the  Authority  to enable it to pay the
30    principal, premium, if any, and interest falling due on  such
31    bonds.  The  Governor shall submit the amount so certified to
32    the General Assembly as soon as  practicable,  but  no  later
33    than the end of the current State fiscal year. This paragraph
 
                            -82-     LRB093 08352 SJM 17243 a
 1    shall  not apply to any bonds as to which the Authority shall
 2    have  determined,  in  the   resolution   authorizing   their
 3    issuance,  that  this paragraph shall not apply. Whenever the
 4    Authority makes such a  determination,  that  fact  shall  be
 5    plainly  stated on the face of such bonds and that fact shall
 6    also  be  reported  to  the  Governor.  In  the  event  of  a
 7    withdrawal  of  moneys  from  a  debt  service  reserve  fund
 8    established with respect to any issue or issues of  bonds  of
 9    the  Authority  to pay principal and interest on those bonds,
10    the Chairman, as soon as practicable, shall  certify  to  the
11    Governor the amount required to restore such reserve funds to
12    the  level  required  in the resolution or indenture securing
13    the bonds. The Governor shall submit the amount so  certified
14    to the General Assembly as soon as practicable, but not later
15    than the end of the current State fiscal year.

16        Section 825-50. Eligible Investments. Bonds issued by the
17    Authority pursuant to Sections 825-20 through 825-60 shall be
18    permissible  investments  within  the  provisions  of Section
19    805-40.

20        Section 825-55.   Tax  Exemption.  The  exercise  of  the
21    powers  granted  in Sections 825-20 through 825-60 are in all
22    respects for the benefit of the people of  Illinois,  and  in
23    consideration  thereof shall be free from all taxation by the
24    State or  its  political  subdivisions,  except  for  estate,
25    transfer  and  inheritance taxes. For the purposes of Section
26    250 of the Illinois Income Tax  Act,  the  exemption  of  the
27    income  from  bonds  issued under the aforementioned Sections
28    shall terminate after all of the bonds have  been  paid.  The
29    amount of such income that shall be added and then subtracted
30    on  the Illinois income tax return of a taxpayer, pursuant to
31    Section 203 of the Illinois  Income  Tax  Act,  from  federal
32    adjusted  gross income or federal taxable income in computing
 
                            -83-     LRB093 08352 SJM 17243 a
 1    Illinois base income shall be the interest net  of  any  bond
 2    premium amortization.

 3        Section  825-60.  Financially  Distressed City Assistance
 4    Program Limitation. In addition to the bonds authorized to be
 5    issued under Sections 801-40(w), 825-65(e), 830-25 and 845-5,
 6    the Authority may have outstanding at any time, bonds for the
 7    purposes enumerated in Sections 825-20 through 825-60  in  an
 8    aggregate principal amount that shall not exceed $50,000,000.
 9    Such bonds shall not constitute an indebtedness or obligation
10    of  the  State of Illinois, and it shall be plainly stated on
11    the face of each bond that it does  not  constitute  such  an
12    indebtedness  or  obligation  but  is payable solely from the
13    revenues, income or other assets  of  the  Authority  pledged
14    therefor.

15        Section 825-65. Clean Coal and Energy Project Financing.
16        (a)  Findings  and  declaration  of  policy. It is hereby
17    found and declared that Illinois has abundant coal  resources
18    and,  in some areas of Illinois, the demand for power exceeds
19    the  generating  capacity.  Incentives   to   encourage   the
20    construction  of  coal-fired  electric  generating  plants in
21    Illinois to ensure power generating capacity into the  future
22    are in the best interests of all of the citizens of Illinois.
23    The  Authority  is  authorized to issue bonds to help finance
24    Clean Coal and Energy projects pursuant to this Section.
25        (b) Definition. "Clean Coal and  Energy  projects"  means
26    new  electric  generating  facilities,  as defined in Section
27    605-332  of  the  Department   of   Commerce   and   Economic
28    Opportunity Law of the Civil Administrative Code of Illinois,
29    which  may  include  mine-mouth  power  plants, projects that
30    employ the use of clean coal technology, projects to  provide
31    scrubber technology for existing energy generating plants, or
32    projects to provide electric transmission facilities.
 
                            -84-     LRB093 08352 SJM 17243 a
 1        (c)   Creation   of  reserve  funds.  The  Authority  may
 2    establish and maintain one or more reserve funds  to  enhance
 3    bonds  issued  by  the  Authority  for  Clean Coal and Energy
 4    projects to develop  alternative  energy  sources,  including
 5    renewable  energy  projects,  projects  to  provide  scrubber
 6    technology  for existing energy generating plants or projects
 7    to provide electric transmission facilities. There may be one
 8    or more accounts in these reserve funds in which there may be
 9    deposited:
10             (1)  any  proceeds  of  the  bonds  issued  by   the
11        Authority  required  to be deposited therein by the terms
12        of any contract between the Authority and its bondholders
13        or any resolution of the Authority;
14             (2) any other moneys or funds of the Authority  that
15        it  may  determine  to  deposit  therein  from  any other
16        source; and
17             (3) any other moneys or funds made available to  the
18        Authority.  Subject  to  the  terms  of any pledge to the
19        owners of any bonds, moneys in any reserve  fund  may  be
20        held and applied to the payment of principal, premium, if
21        any, and interest of such bonds.
22        (d) Powers and duties. The Authority has the power:
23             (1) To issue bonds in one or more series pursuant to
24        one  or  more  resolutions of the Authority for any Clean
25        Coal and Energy projects authorized under  this  Section,
26        within the authorization set forth in subsections (e) and
27        (f).
28             (2)  To  provide  for the funding of any reserves or
29        other funds or accounts deemed necessary by the Authority
30        in connection with any bonds issued by the Authority.
31             (3) To pledge any funds of the  Authority  or  funds
32        made  available  to  the Authority that may be applied to
33        such purpose as security for any bonds or any guarantees,
34        letters of credit, insurance contracts or similar  credit
 
                            -85-     LRB093 08352 SJM 17243 a
 1        support or liquidity instruments securing the bonds.
 2             (4) To enter into agreements or contracts with third
 3        parties,  whether  public  or private, including, without
 4        limitation, the United States of America,  the  State  or
 5        any   department   or   agency  thereof,  to  obtain  any
 6        appropriations, grants,  loans  or  guarantees  that  are
 7        deemed  necessary or desirable by the Authority. Any such
 8        guarantee, agreement or contract may  contain  terms  and
 9        provisions  necessary or desirable in connection with the
10        program, subject to the requirements established  by  the
11        Act.
12             (5)  To  exercise such other powers as are necessary
13        or incidental to the foregoing.
14        (e)  Clean  Coal  and  Energy  bond   authorization   and
15    financing  limits.  In addition to any other bonds authorized
16    to be issued under Sections  801-40(w),  825-60,  830-25  and
17    845-5, the Authority may have outstanding, at any time, bonds
18    for  the  purpose  enumerated  in  this  Section 825-65 in an
19    aggregate   principal   amount   that   shall   not    exceed
20    $2,700,000,000,  of  which  no  more than $300,000,000 may be
21    issued to  finance  transmission  facilities,  no  more  than
22    $500,000,000  may  be issued to finance scrubbers at existing
23    generating plants, no more than $500,000,000 may be issued to
24    finance  alternative  energy  sources,  including   renewable
25    energy projects and no more than $1,400,000,000 may be issued
26    to  finance new electric generating facilities, as defined in
27    Section 605-332 of the Department of  Commerce  and  Economic
28    Opportunity Law of the Civil Administrative Code of Illinois,
29    which may include mine-mouth power plants. An application for
30    a  loan  financed  from  bond proceeds from a borrower or its
31    affiliates for a Clean Coal and Energy  project  may  not  be
32    approved  by  the  Authority  for  an  amount  in  excess  of
33    $450,000,000  for any borrower or its affiliates. These bonds
34    shall not constitute an indebtedness  or  obligation  of  the
 
                            -86-     LRB093 08352 SJM 17243 a
 1    State  of Illinois and it shall be plainly stated on the face
 2    of each bond that it does not constitute an  indebtedness  or
 3    obligation  of  the  State of Illinois, but is payable solely
 4    from the revenues, income or other assets  of  the  Authority
 5    pledged therefor.
 6        (f)  Additional  Clean Coal Energy bond authorization and
 7    financing limits. In addition to any other  bonds  authorized
 8    to  be  issued  under this Act, the Authority may issue bonds
 9    for the purpose enumerated  in  this  Section  825-65  in  an
10    aggregate    principal   amount   that   shall   not   exceed
11    $300,000,000.

12        Section  825-70.  Criteria  for  participation   in   the
13    program.  Applications  to the Authority for financing of any
14    Clean Coal and  Energy  project  shall  be  reviewed  by  the
15    Authority.  Upon  submission  of  any  such  application, the
16    Authority  staff  shall  review  the  application   for   its
17    completeness  and  may,  at  the  discretion of the Authority
18    staff,  request  such  additional  information  as  it  deems
19    necessary or advisable to aid in  review.  If  the  Authority
20    receives applications for financing for Clean Coal and Energy
21    projects  in  excess  of the bond authorization available for
22    such  financing  at  any  one   time,   it   shall   consider
23    applications  in the order of priority as it shall determine,
24    in consultation with other State agencies.

25        Section 825-75. Additional Security. In  the  event  that
26    the  Authority  determines  that monies of the Authority will
27    not be sufficient for the payment of  the  principal  of  and
28    interest  on any bonds issued by the Authority under Sections
29    825-65 through 825-75  of  this  Act  for  energy  generation
30    projects  that  advance  clean coal technology and the use of
31    Illinois  coal  during  the  next  State  fiscal  year,   the
32    Chairperson,  as  soon  as  practicable, shall certify to the
 
                            -87-     LRB093 08352 SJM 17243 a
 1    Governor the amount required by the Authority to enable it to
 2    pay such principal, premium, if any,  and  interest  on  such
 3    bonds.  The  Governor shall submit the amount so certified to
 4    the General Assembly as soon as  practicable,  but  no  later
 5    than   the  end  of  the  current  State  fiscal  year.  This
 6    subsection shall not apply to any bonds or notes as to  which
 7    the  Authority  shall  have  determined,  in  the  resolution
 8    authorizing  the  issuance  of  the bonds or notes, that this
 9    subsection shall not apply. Whenever the Authority makes such
10    a determination, that fact shall be  plainly  stated  on  the
11    face  of  the  bonds  or  notes  and that fact should also be
12    reported to the Governor. In the event  of  a  withdrawal  of
13    moneys  from  a  reserve fund established with respect to any
14    issue or issues of bonds of the Authority to  pay  principal,
15    premium,  if any, and interest on such bonds, the Chairman of
16    the Authority, as soon as practicable, shall certify  to  the
17    Governor  the  amount required to restore the reserve fund to
18    the level required in the resolution  or  indenture  securing
19    those   bonds.  The  Governor  shall  submit  the  amount  so
20    certified to the General Assembly as soon as practicable, but
21    no later than the end of the current State fiscal  year.  The
22    Authority shall obtain written approval from the Governor for
23    any bonds and notes to be issued under this Section.

24                             ARTICLE 830
25                       AGRICULTURAL ASSISTANCE

26        Section  830-5.  The  Authority  shall have the following
27    powers:
28        (a) To loan its funds to one or more persons to  be  used
29    by  such persons to pay the costs of acquiring, constructing,
30    reconstructing or improving Agricultural Facilities, soil  or
31    water conservation projects or watershed areas, such loans to
32    be on such terms and conditions, and for such period of time,
 
                            -88-     LRB093 08352 SJM 17243 a
 1    and  secured  or evidenced by such mortgages, deeds of trust,
 2    notes  debentures,  bonds  or  other  secured  or   unsecured
 3    evidences  of  indebtedness  of such persons as the Board may
 4    determine;
 5        (b) To loan its funds to any agribusiness which  operates
 6    or  will  operate  a  facility  located in Illinois for those
 7    purposes permitted by rules and regulations  issued  pursuant
 8    to the Internal Revenue Code of 1954, as amended, relating to
 9    the  use of moneys loaned from the proceeds from the issuance
10    of industrial development revenue bonds; such loans shall  be
11    on terms and conditions, and for periods of time, and secured
12    or evidenced by mortgages, deeds of trust, notes, debentures,
13    bonds or other secured or unsecured evidences of indebtedness
14    of such agribusiness as the Board may require;
15        (c) To purchase, or to make commitments to purchase, from
16    lenders  notes,  debentures,  bonds  or  other  evidences  of
17    indebtedness   secured  by  mortgages,  deeds  of  trust,  or
18    security  devices,  or  unsecured,  as  the   Authority   may
19    determine,  or  portions  thereof  or participations therein,
20    which notes, bonds, or other evidences of indebtedness  shall
21    have  been  or  will  be  executed by the obligors thereon to
22    obtain  funds   with   which   to   acquire,   by   purchase,
23    construction,    or   otherwise,   reconstruct   or   improve
24    Agricultural Facilities;
25        (d)  To  contract  with  lenders  or   others   for   the
26    origination  of  or  the  servicing  of the loans made by the
27    Authority pursuant to this  Section  or  represented  by  the
28    notes, bonds, or other evidences of indebtedness which it has
29    purchased  pursuant  to  this  Section;  provided  that  such
30    servicing fees shall not exceed one per cent per annum of the
31    principal amount outstanding owed to the Authority; and
32        (e)  To  enter  into a State Guarantee with a lender or a
33    person holding a  note  and  to  sell  or  issue  such  State
34    Guarantees,  bonds  or evidences of indebtedness in a primary
 
                            -89-     LRB093 08352 SJM 17243 a
 1    or a secondary market.

 2        Section 830-10. (a) The Authority shall establish a  Farm
 3    Debt Relief Program to help provide eligible Illinois farmers
 4    with State assistance in meeting their farming-related debts.
 5        (b)  To be eligible for the program, a person must (1) be
 6    actively  engaged  in  farming  in  this  State,   (2)   have
 7    farming-related  debts  in an amount equal to at least 55% of
 8    the person's total assets, and (3) demonstrate  that  he  can
 9    secure  credit  from  a conventional lender for the 1986 crop
10    year.
11        (c) An eligible person may apply  to  the  Authority,  in
12    such manner as the Authority may specify, for a one-time farm
13    debt  relief  payment of up to 2% of the person's outstanding
14    farming-related debt. If the Authority  determines  that  the
15    applicant  is  eligible  for a payment under this Section, it
16    may then approve a payment to  the  applicant.  Such  payment
17    shall  consist of a payment made by the Authority directly to
18    one or more of the applicant's farming-related creditors,  to
19    be    applied   to   the   reduction   of   the   applicant's
20    farming-related debt. The  applicant  shall  be  entitled  to
21    select  the  creditor  or  creditors  to receive the payment,
22    unless the applicant is subject  to  the  jurisdiction  of  a
23    bankruptcy  court,  in  which case the selection of the court
24    shall control.
25        (d) Payments  shall  be  made  from  the  Farm  Emergency
26    Assistance  Fund,  which  is  hereby established as a special
27    fund in the State Treasury, from funds  appropriated  to  the
28    Authority for that purpose. No grant may exceed the lesser of
29    (1)  2%  of the applicant's outstanding farm-related debt, or
30    (2) $2000. Not more than one grant under this Section may  be
31    made  to  any  one person, or to any one household, or to any
32    single farming operation.
33        (e) Payments to applicants having  farming-related  debts
 
                            -90-     LRB093 08352 SJM 17243 a
 1    in  an  amount  equal  to  at least 55% of the person's total
 2    assets, but less than 70%, shall be repaid by  the  applicant
 3    to   the  Authority  for  deposit  into  the  Farm  Emergency
 4    Assistance Fund within five years from the date  the  payment
 5    was  made.  Repayment  shall  be  made  in equal installments
 6    during the five  year  period  with  no  additional  interest
 7    charge  and  may  be prepaid in whole or in part at any time.
 8    Applicants having farming-related debts in an amount equal to
 9    at least 70% of  the  person's  total  assets  shall  not  be
10    required to make any repayment. Assets shall include, but not
11    be  limited  to,  the  following: cash crops or feed on hand;
12    livestock held for sale; breeding stock; marketable bonds and
13    securities;  securities  not  readily  marketable;   accounts
14    receivable; notes receivable; cash invested in growing crops;
15    net  cash  value  of life insurance; machinery and equipment;
16    cars and trucks; farm and other real  estate  including  life
17    estates and personal residence; value of beneficial interests
18    in  trusts;  government  payments  or  grants;  and any other
19    assets. Debts shall include,  but  not  be  limited  to,  the
20    following: accounts payable; notes or other indebtedness owed
21    to  any  source;  taxes;  rent;  amounts  owed on real estate
22    contracts  or  real  estate  mortgages;  judgments;   accrued
23    interest payable; and any other liability.

24        Section 830-15. Interest-buy-back program.
25        (a)  The  Authority  shall establish an interest-buy-back
26    program to subsidize the interest cost on  certain  loans  to
27    Illinois farmers.
28        (b) To be eligible an applicant must (i) be a resident of
29    Illinois;  (ii)  be  a  principal operator of a farm or land;
30    (iii) derive  at  least  50%  of  annual  gross  income  from
31    farming;  and  (iv) have a net worth of at least $10,000. The
32    Authority  shall  establish  minimum  and  maximum  financial
33    requirements, maximum payment amounts,  starting  and  ending
 
                            -91-     LRB093 08352 SJM 17243 a
 1    dates for the program, and other criteria.
 2        (c) Lenders may apply on behalf of eligible applicants on
 3    forms  provided by the Authority. Lenders may submit requests
 4    for payment on forms provided by the Authority.  Lenders  and
 5    applicants  shall  be responsible for any fees or charges the
 6    Authority may require.
 7        (d) The Authority shall make  payments  to  lenders  from
 8    available appropriations from the General Revenue Fund.

 9        Section  830-20.  The Authority may not pass a resolution
10    authorizing the issuance of any notes or bonds in  excess  of
11    $250,000  for  any  one agricultural real estate borrower. No
12    proceeds from any bonds issued  by  the  Authority  shall  be
13    loaned to any natural person who has a net worth in excess of
14    $500,000  for  the  purchase  of new depreciable agricultural
15    property  or  to  any  agribusiness   that,   including   all
16    affiliates  and subsidiaries, has more than 100 employees and
17    a  gross  income  exceeding  $2,000,000  for  the   preceding
18    calendar  year; provided, however, that the employee size and
19    gross income limitations shall not  apply  to  any  loans  to
20    agribusinesses  for  research  and  development purposes, and
21    provided further that the Authority shall retain the power to
22    waive such limitations for any agribusiness that, at the time
23    of application, does  not  operate  a  facility  within  this
24    State.

25        Section   830-25.  Bonded  indebtedness  limitation.  The
26    Authority shall not have outstanding at any  one  time  State
27    Guarantees  under  Section  830-30  in an aggregate principal
28    amount exceeding $160,000,000. The Authority shall  not  have
29    outstanding  at  any one time State Guarantees under Sections
30    830-35, 830-45 and 830-50 in an  aggregate  principal  amount
31    exceeding $75,000,000.
 
                            -92-     LRB093 08352 SJM 17243 a
 1        Section 830-30. State Guarantees for existing debt.
 2        (a) The Authority is authorized to issue State Guarantees
 3    for  farmers'  existing  debts  held  by  a  lender.  For the
 4    purposes of this Section, a farmer shall  be  a  resident  of
 5    Illinois,  who  is a principal operator of a farm or land, at
 6    least 50% of  whose  annual  gross  income  is  derived  from
 7    farming  and whose debt to asset ratio shall not be less than
 8    40%, except in those cases where the applicant has previously
 9    used the guarantee program there shall be no  debt  to  asset
10    ratio  or  income  restriction.  For  the  purposes  of  this
11    Section,   debt   to  asset  ratio  shall  mean  the  current
12    outstanding liabilities of the farmer divided by the  current
13    outstanding   assets  of  the  farmer.  The  Authority  shall
14    establish the maximum permissible debt to asset  ratio  based
15    on criteria established by the Authority. Lenders shall apply
16    for  the  State Guarantees on forms provided by the Authority
17    and certify that the  application  and  any  other  documents
18    submitted  are  true  and correct. The lender or borrower, or
19    both in combination,  shall  pay  an  administrative  fee  as
20    determined   by   the   Authority.  The  applicant  shall  be
21    responsible for  paying  any  fees  or  charges  involved  in
22    recording    mortgages,   releases,   financing   statements,
23    insurance for secondary market issues and any  other  similar
24    fees or charges as the Authority may require. The application
25    shall  at  a  minimum  contain  the  farmer's  name, address,
26    present credit and financial information, including cash flow
27    statements, financial statements,  balance  sheets,  and  any
28    other  information  pertinent  to  the  application,  and the
29    collateral to be used  to  secure  the  State  Guarantee.  In
30    addition, the lender must agree to bring the farmer's debt to
31    a  current status at the time the State Guarantee is provided
32    and must also agree to charge a fixed or adjustable  interest
33    rate  which  the  Authority determines to be below the market
34    rate of interest generally available to the borrower. If both
 
                            -93-     LRB093 08352 SJM 17243 a
 1    the lender and applicant agree,  the  interest  rate  on  the
 2    State  Guarantee  Loan  can  be converted to a fixed interest
 3    rate at any time during the  term  of  the  loan.  Any  State
 4    Guarantees  provided  under this Section (i) shall not exceed
 5    $500,000 per farmer, (ii)  shall  be  set  up  on  a  payment
 6    schedule  not to exceed 30 years, and shall be no longer than
 7    30 years in duration, and (iii) shall be subject to an annual
 8    review and renewal by the lender and the Authority;  provided
 9    that  only  one such State Guarantee shall be outstanding per
10    farmer at any one time. No State Guarantee shall  be  revoked
11    by  the Authority without a 90-day notice, in writing, to all
12    parties. In those cases were the borrower has not  previously
13    used the guarantee program, the lender shall not call due any
14    loan  during the first 3 years for any reason except for lack
15    of performance or insufficient  collateral.  The  lender  can
16    review  and  withdraw or continue with the State Guarantee on
17    an annual basis after the first 3 years of the loan, provided
18    a 90 day notice, in writing, to all parties has been given.
19        (b)  The  Authority  shall  provide  or  renew  a   State
20    Guarantee to a lender if:
21             (i)  A  fee  equal to 25 basis points on the loan is
22        paid to the Authority on an annual basis by the lender.
23             (ii)  The application provides collateral acceptable
24        to the Authority that is at least equal  to  the  State's
25        portion of the Guarantee to be provided.
26             (iii)  The  lender  assumes  all  responsibility and
27        costs for pursuing legal action on  collecting  any  loan
28        that is delinquent or in default.
29             (iv)  The lender is responsible for the first 15% of
30        the outstanding principal of the note for which the State
31        Guarantee has been applied.
32        (c) There is hereby created outside of the State Treasury
33    a  special fund to be known as the Illinois Agricultural Loan
34    Guarantee Fund. The State Treasurer  shall  be  custodian  of
 
                            -94-     LRB093 08352 SJM 17243 a
 1    this  Fund.  Any  amounts  in  the Illinois Agricultural Loan
 2    Guarantee Fund not currently needed to meet  the  obligations
 3    of  the  Fund  shall  be invested as provided by law, and all
 4    interest earned from these  investments  shall  be  deposited
 5    into  the  Fund  until  the  Fund  reaches the maximum amount
 6    authorized in this Act; thereafter, interest earned shall  be
 7    deposited  into  the General Revenue Fund. After September 1,
 8    1989, annual investment earnings equal to 1.5%  of  the  Fund
 9    shall  remain  in  the  Fund  to  be  used  for  the purposes
10    established in Section 830-40 of this Act. The  Authority  is
11    authorized  to  transfer  to  the  Fund  such  amounts as are
12    necessary to satisfy claims during the duration of the  State
13    Guarantee  program  to  secure  State Guarantees issued under
14    this Section. If for any reason the General Assembly fails to
15    make an appropriation sufficient to meet  these  obligations,
16    this  Act  shall  constitute  an  irrevocable  and continuing
17    appropriation of an amount necessary to secure guarantees  as
18    defaults  occur  and the irrevocable and continuing authority
19    for,  and  direction  to,  the  State   Treasurer   and   the
20    Comptroller  to  make the necessary transfers to the Illinois
21    Agricultural  Loan  Guarantee  Fund,  as  directed   by   the
22    Governor,  out  of  the  General Revenue Fund. Within 30 days
23    after November 15, 1985, the Authority  may  transfer  up  to
24    $7,000,000  from  available  appropriations into the Illinois
25    Agricultural Loan Guarantee Fund for  the  purposes  of  this
26    Act.   Thereafter,  the  Authority  may  transfer  additional
27    amounts into the Illinois Agricultural Loan Guarantee Fund to
28    secure guarantees for defaults  as  defaults  occur.  In  the
29    event  of default by the farmer, the lender shall be entitled
30    to, and the Authority shall  direct  payment  on,  the  State
31    Guarantee  after  90 days of delinquency. All payments by the
32    Authority shall be made from the Illinois  Agricultural  Loan
33    Guarantee Fund to satisfy claims against the State Guarantee.
34    The Illinois Agricultural Loan Guarantee Fund shall guarantee
 
                            -95-     LRB093 08352 SJM 17243 a
 1    receipt  of  payment of the 85% of the principal and interest
 2    owed on the  State  Guarantee  Loan  by  the  farmer  to  the
 3    guarantee  holder.  It  shall  be  the  responsibility of the
 4    lender to  proceed  with  the  collecting  and  disposing  of
 5    collateral  on  the  State  Guarantee within 14 months of the
 6    time the State Guarantee is  declared  delinquent;  provided,
 7    however,  that  the  lender  shall  not collect or dispose of
 8    collateral on the State Guarantee without the express written
 9    prior approval of the  Authority.  If  the  lender  does  not
10    dispose  of the collateral within 14 months, the lender shall
11    be liable to  repay  to  the  State  interest  on  the  State
12    Guarantee  equal to the same rate which the lender charges on
13    the State Guarantee; provided, however,  that  the  Authority
14    may  extend  the  14 month period for a lender in the case of
15    bankruptcy or extenuating circumstances. The  Fund  shall  be
16    reimbursed  for  any  amounts  paid  under  this Section upon
17    liquidation of the collateral. The Authority,  by  resolution
18    of  the  Board, may borrow sums from the Fund and provide for
19    repayment as  soon  as  may  be  practical  upon  receipt  of
20    payments  of principal and interest by a farmer. Money may be
21    borrowed from the Fund by the Authority for the sole  purpose
22    of  paying certain interest costs for farmers associated with
23    selling a loan subject to a State Guarantee  in  a  secondary
24    market  as  may  be  deemed  reasonable  and necessary by the
25    Authority.
26        (d) Notwithstanding the provisions of this Section 830-30
27    with respect to the farmers and lenders who may obtain  State
28    Guarantees,  the  Authority may promulgate rules establishing
29    the eligibility of farmers and lenders to participate in  the
30    State   guarantee  program  and  the  terms,  standards,  and
31    procedures that will apply, when  the  Authority  finds  that
32    emergency conditions in Illinois agriculture have created the
33    need  for  State Guarantees pursuant to terms, standards, and
34    procedures other than those specified in this Section.
 
                            -96-     LRB093 08352 SJM 17243 a
 1        Section 830-35. State Guarantees for loans to farmers and
 2    agribusiness; eligibility.
 3        (a) The Authority is authorized to issue State Guarantees
 4    to lenders for loans to eligible farmers  and  agribusinesses
 5    for  purposes set forth in this Section. For purposes of this
 6    Section, an eligible farmer shall be a resident  of  Illinois
 7    (i) who is principal operator of a farm or land, at least 50%
 8    of  whose  annual  gross income is derived from farming, (ii)
 9    whose  annual   total   sales   of   agricultural   products,
10    commodities,  or  livestock  exceeds $20,000, and (iii) whose
11    net worth does not exceed $500,000. An eligible  agribusiness
12    shall  be  that as defined in Section 801-10 of this Act. The
13    Authority   may   approve   applications   by   farmers   and
14    agribusinesses  that  promote  diversification  of  the  farm
15    economy of this State through the growth and  development  of
16    new  crops  or livestock not customarily grown or produced in
17    this State or that emphasize a vertical integration of  grain
18    or livestock produced or raised in this State into a finished
19    agricultural  product  for  consumption or use. "New crops or
20    livestock not customarily grown or produced  in  this  State"
21    shall  not  include  corn, soybeans, wheat, swine, or beef or
22    dairy cattle. "Vertical integration  of  grain  or  livestock
23    produced  or  raised  in this State" shall include any new or
24    existing grain or livestock grown or produced in this  State.
25    Lenders  shall  apply  for  the  State  Guarantees  on  forms
26    provided  by  the Authority, certify that the application and
27    any other documents submitted are true and correct,  and  pay
28    an  administrative  fee  as  determined by the Authority. The
29    applicant shall be responsible for paying any fees or charges
30    involved  in   recording   mortgages,   releases,   financing
31    statements,  insurance  for  secondary  market issues and any
32    other similar fees or charges as the Authority  may  require.
33    The  application  shall  at a minimum contain the farmer's or
34    agribusiness' name, address,  present  credit  and  financial
 
                            -97-     LRB093 08352 SJM 17243 a
 1    information,   including   cash  flow  statements,  financial
 2    statements,  balance  sheets,  and  any   other   information
 3    pertinent  to  the application, and the collateral to be used
 4    to secure the State Guarantee. In addition, the  lender  must
 5    agree to charge an interest rate, which may vary, on the loan
 6    that  the Authority determines to be below the market rate of
 7    interest generally available to the  borrower.  If  both  the
 8    lender  and  applicant  agree, the interest rate on the State
 9    Guarantee Loan can be converted to a fixed interest  rate  at
10    any  time  during  the term of the loan. Any State Guarantees
11    provided under this Section (i) shall not exceed $500,000 per
12    farmer or an amount as  determined  by  the  Authority  on  a
13    case-by-case basis for an agribusiness, (ii) shall not exceed
14    a  term  of 15 years, and (iii) shall be subject to an annual
15    review and renewal by the lender and the Authority;  provided
16    that  only  one such State Guarantee shall be made per farmer
17    or agribusiness, except that additional State Guarantees  may
18    be  made  for  purposes  of expansion of projects financed in
19    part  by  a  previously  issued  State  Guarantee.  No  State
20    Guarantee shall be revoked by the Authority without a  90-day
21    notice, in writing, to all parties. The lender shall not call
22    due  any  loan for any reason except for lack of performance,
23    insufficient collateral, or maturity. A lender may review and
24    withdraw or continue with a  State  Guarantee  on  an  annual
25    basis  after  the first 5 years following closing of the loan
26    application if the loan contract  provides  for  an  interest
27    rate that shall not vary. A lender shall not withdraw a State
28    Guarantee  if the loan contract provides for an interest rate
29    that may vary, except for reasons set forth herein.
30        (b)  The  Authority  shall  provide  or  renew  a   State
31    Guarantee to a lender if:
32             (i)  A  fee  equal to 25 basis points on the loan is
33        paid to the Authority on an annual basis by the lender.
34             (ii)  The application provides collateral acceptable
 
                            -98-     LRB093 08352 SJM 17243 a
 1        to the Authority that is at least equal  to  the  State's
 2        portion of the Guarantee to be provided.
 3             (iii)  The  lender  assumes  all  responsibility and
 4        costs for pursuing legal action on  collecting  any  loan
 5        that is delinquent or in default.
 6             (iv)  The lender is responsible for the first 15% of
 7        the outstanding principal of the note for which the State
 8        Guarantee has been applied.
 9        (c) There is hereby created outside of the State Treasury
10    a  special  fund  to  be  known  as  the  Illinois Farmer and
11    Agribusiness Loan Guarantee Fund. The State  Treasurer  shall
12    be  custodian  of  this  Fund.  Any  amounts  in the Fund not
13    currently needed to meet the obligations of the Fund shall be
14    invested as provided by law, and  all  interest  earned  from
15    these  investments shall be deposited into the Fund until the
16    Fund reaches the maximum  amounts  authorized  in  this  Act;
17    thereafter,  interest  earned  shall  be  deposited  into the
18    General  Revenue  Fund.  After  September  1,  1989,   annual
19    investment earnings equal to 1.5% of the Fund shall remain in
20    the  Fund  to be used for the purposes established in Section
21    830-40 of this Act. The Authority is authorized  to  transfer
22    such   amounts  as  are  necessary  to  satisfy  claims  from
23    available appropriations and from fund balances of  the  Farm
24    Emergency  Assistance  Fund as of June 30 of each year to the
25    Illinois Farmer  and  Agribusiness  Loan  Guarantee  Fund  to
26    secure   State  Guarantees  issued  under  this  Section  and
27    Sections 830-45 and 830-50. If for  any  reason  the  General
28    Assembly  fails  to  make an appropriation sufficient to meet
29    these obligations, this Act shall constitute  an  irrevocable
30    and continuing appropriation of an amount necessary to secure
31    guarantees   as   defaults  occur  and  the  irrevocable  and
32    continuing  authority  for,  and  direction  to,  the   State
33    Treasurer and the Comptroller to make the necessary transfers
34    to  the Illinois Farmer and Agribusiness Loan Guarantee Fund,
 
                            -99-     LRB093 08352 SJM 17243 a
 1    as directed by the Governor, out of the General Revenue Fund.
 2    In the event of default by the borrower  on  State  Guarantee
 3    Loans  under  this Section, Section 830-45 or Section 830-50,
 4    the lender shall be entitled  to,  and  the  Authority  shall
 5    direct  payment  on,  the  State  Guarantee  after 90 days of
 6    delinquency. All payments by the Authority shall be made from
 7    the Illinois Farmer and Agribusiness Loan Guarantee  Fund  to
 8    satisfy  claims  against the State Guarantee. It shall be the
 9    responsibility of the lender to proceed with  the  collecting
10    and disposing of collateral on the State Guarantee under this
11    Section, Section 830-45 or Section 830-50 within 14 months of
12    the  time  the State Guarantee is declared delinquent. If the
13    lender does not dispose of the collateral within  14  months,
14    the  lender shall be liable to repay to the State interest on
15    the State Guarantee equal to the same rate  that  the  lender
16    charges  on  the State Guarantee, provided that the Authority
17    shall have the authority to extend the 14 month period for  a
18    lender   in   the   case   of   bankruptcy   or   extenuating
19    circumstances.  The  Fund shall be reimbursed for any amounts
20    paid under this Section, Section  830-45  or  Section  830-50
21    upon   liquidation  of  the  collateral.  The  Authority,  by
22    resolution of the Board, may borrow sums from  the  Fund  and
23    provide  for  repayment  as  soon  as  may  be practical upon
24    receipt of payments of principal and interest by  a  borrower
25    on  State  Guarantee Loans under this Section, Section 830-45
26    or Section 830-50. Money may be borrowed from the Fund by the
27    Authority for the sole purpose  of  paying  certain  interest
28    costs for borrowers associated with selling a loan subject to
29    a  State  Guarantee  under  this  Section,  Section 830-45 or
30    Section 830-50  in  a  secondary  market  as  may  be  deemed
31    reasonable and necessary by the Authority.
32        (d) Notwithstanding the provisions of this Section 830-35
33    with  respect to the farmers, agribusinesses, and lenders who
34    may obtain State Guarantees,  the  Authority  may  promulgate
 
                            -100-    LRB093 08352 SJM 17243 a
 1    rules    establishing    the    eligibility    of    farmers,
 2    agribusinesses,  and  lenders  to  participate  in  the State
 3    Guarantee program and the terms,  standards,  and  procedures
 4    that  will  apply,  when  the  Authority finds that emergency
 5    conditions in Illinois agriculture have created the need  for
 6    State Guarantees pursuant to terms, standards, and procedures
 7    other than those specified in this Section.

 8        Section 830-40. Cooperative agreement with the University
 9    of Illinois.
10        (a)  The Authority may enter into a cooperative agreement
11    with the University  of  Illinois  whereby  the  University's
12    College of Agriculture, or a department thereof, shall assess
13    and  evaluate the need for additional, and the performance of
14    existing, State credit and finance programs  administered  by
15    the Authority for farmers and agribusinesses. Pursuant to the
16    cooperative  agreement,  the  Authority  may request from the
17    University an evaluation of financial positions  and  lending
18    risks of existing farm operations and existing and developing
19    agricultural  industries, an assessment and evaluation of the
20    design, operation and performance of  existing  and  proposed
21    credit  programs,  an assessment of potential for development
22    of agricultural industry, an assessment of the performance of
23    credit markets  and  development  of  improved  State  credit
24    instruments  and  programs,  and any other information deemed
25    necessary by the Authority to  carry  forth  its  credit  and
26    finance programs.
27        (b) A cooperative agreement entered into by the Authority
28    and  the  University  may  provide  for  payment for services
29    rendered  by  the  University  pursuant  to  the  cooperative
30    agreement from interest earnings remaining  in  the  Illinois
31    Agricultural  Loan Guarantee Fund, as provided for in Section
32    830-30 of this Act, and the Illinois Farmer and  Agribusiness
33    Loan  Guarantee  Fund,  as  provided for in Section 830-40 of
 
                            -101-    LRB093 08352 SJM 17243 a
 1    this Act.

 2        Section 830-45. Young Farmer Loan Guarantee Program.
 3        (a) The Authority is authorized to issue State Guarantees
 4    to lenders for loans to finance or refinance debts  of  young
 5    farmers.  For the purposes of this Section, a young farmer is
 6    a resident of Illinois who is at least 18 years  of  age  and
 7    who is a principal operator of a farm or land, who derives at
 8    least  50%  of  annual  gross  income from farming, whose net
 9    worth is not less than $10,000 and whose debt to asset  ratio
10    is  not less than 40%. For the purposes of this Section, debt
11    to  asset  ratio  means  current   outstanding   liabilities,
12    including  any  debt  to be financed or refinanced under this
13    Section 830-45, divided by current  outstanding  assets.  The
14    Authority  shall  establish  the  maximum permissible debt to
15    asset ratio based on criteria established by  the  Authority.
16    Lenders  shall  apply  for  the  State  Guarantees  on  forms
17    provided  by  the  Authority and certify that the application
18    and any other documents submitted are true and  correct.  The
19    lender  or  borrower,  or  both  in combination, shall pay an
20    administrative  fee  as  determined  by  the  Authority.  The
21    applicant shall be responsible for paying any fee  or  charge
22    involved   in   recording   mortgages,   releases,  financing
23    statements, insurance for secondary market  issues,  and  any
24    other  similar  fee or charge that the Authority may require.
25    The application shall at a minimum contain the young farmer's
26    name, address,  present  credit  and  financial  information,
27    including cash flow statements, financial statements, balance
28    sheets,   and   any   other   information  pertinent  to  the
29    application, and the collateral to  be  used  to  secure  the
30    State  Guarantee.  In  addition, the borrower must certify to
31    the Authority that,  at  the  time  the  State  Guarantee  is
32    provided,   the  borrower  will  not  be  delinquent  in  the
33    repayment of any debt. The lender  must  agree  to  charge  a
 
                            -102-    LRB093 08352 SJM 17243 a
 1    fixed   or   adjustable  interest  rate  that  the  Authority
 2    determines to be below the market rate of interest  generally
 3    available  to  the borrower. If both the lender and applicant
 4    agree, the interest rate on the State guaranteed loan can  be
 5    converted  to  a  fixed  interest rate at any time during the
 6    term of  the  loan.  State  Guarantees  provided  under  this
 7    Section  (i) shall not exceed $500,000 per young farmer, (ii)
 8    shall be set up on a payment schedule not to exceed 30 years,
 9    but shall be no longer than 15 years in duration,  and  (iii)
10    shall  be  subject  to  an  annual  review and renewal by the
11    lender and the Authority. A young farmer may use this program
12    more than once provided the  aggregate  principal  amount  of
13    State Guarantees under this Section to that young farmer does
14    not  exceed  $500,000. No State Guarantee shall be revoked by
15    the Authority without a 90-day notice,  in  writing,  to  all
16    parties.
17        (b)   The  Authority  shall  provide  or  renew  a  State
18    Guarantee to a lender if:
19             (i)  The lender pays a fee equal to 25 basis  points
20        on the loan to the Authority on an annual basis.
21             (ii)  The application provides collateral acceptable
22        to  the  Authority  that  is  at least equal to the State
23        Guarantee.
24             (iii)  The lender  assumes  all  responsibility  and
25        costs  for  pursuing  legal action on collecting any loan
26        that is delinquent or in default.
27             (iv)  The lender is at risk for the first 15% of the
28        outstanding principal of the note  for  which  the  State
29        Guarantee is provided.
30        (c)  The  Illinois Farmer and Agribusiness Loan Guarantee
31    Fund may be used to secure State Guarantees issued under this
32    Section as provided in Section 830-35.
33        (d) Notwithstanding the provisions of this Section 830-45
34    with respect to the young farmers and lenders who may  obtain
 
                            -103-    LRB093 08352 SJM 17243 a
 1    State   Guarantees,   the   Authority  may  promulgate  rules
 2    establishing the eligibility of young farmers and lenders  to
 3    participate  in  the  State  Guarantee program and the terms,
 4    standards, and procedures that will apply, when the Authority
 5    finds that emergency conditions in Illinois agriculture  have
 6    created  the  need  for  State  Guarantees pursuant to terms,
 7    standards, and procedures other than those specified in  this
 8    Section.

 9        Section 830-50. Specialized Livestock Guarantee Program.
10        (a) The Authority is authorized to issue State Guarantees
11    to  lenders  for  loans  to  finance  or  refinance debts for
12    specialized livestock operations that are or will be  located
13    in  Illinois.  For  purposes  of this Section, a "specialized
14    livestock operation" includes, but is not limited to,  dairy,
15    beef, and swine enterprises.
16        (b) Lenders shall apply for the State Guarantees on forms
17    provided  by  the  Authority and certify that the application
18    and any other documents submitted are true and  correct.  The
19    lender  or  borrower,  or  both  in combination, shall pay an
20    administrative  fee  as  determined  by  the  Authority.  The
21    applicant shall be responsible for paying any fee  or  charge
22    involved   in   recording   mortgages,   releases,  financing
23    statements, insurance for secondary market  issues,  and  any
24    other  similar  fee or charge that the Authority may require.
25    The application shall, at a  minimum,  contain  the  farmer's
26    name,  address,  present  credit  and  financial information,
27    including cash flow statements, financial statements, balance
28    sheets,  and  any  other   information   pertinent   to   the
29    application,  and  the  collateral  to  be used to secure the
30    State Guarantee. In addition, the borrower  must  certify  to
31    the  Authority  that,  at  the  time  the  State Guarantee is
32    provided,  the  borrower  will  not  be  delinquent  in   the
33    repayment  of  any  debt.  The  lender must agree to charge a
 
                            -104-    LRB093 08352 SJM 17243 a
 1    fixed  or  adjustable  interest  rate  that   the   Authority
 2    determines  to be below the market rate of interest generally
 3    available to the borrower. If both the lender  and  applicant
 4    agree,  the interest rate on the State guaranteed loan can be
 5    converted to a fixed interest rate at  any  time  during  the
 6    term of the loan.
 7        (c)  State  Guarantees  provided  under  this Section (i)
 8    shall not exceed $1,000,000 per applicant, (ii) shall  be  no
 9    longer  than 15 years in duration, and (iii) shall be subject
10    to an annual  review  and  renewal  by  the  lender  and  the
11    Authority.  An applicant may use this program more than once,
12    provided  that  the  aggregate  principal  amount  of   State
13    Guarantees  under  this  Section  to  that applicant does not
14    exceed $1,000,000. A State Guarantee shall not be revoked  by
15    the  Authority  without  a  90-day notice, in writing, to all
16    parties.
17        (d)  The  Authority  shall  provide  or  renew  a   State
18    Guarantee  to a lender if: (i) The lender pays a fee equal to
19    25 basis points on the loan to the  Authority  on  an  annual
20    basis. (ii) The application provides collateral acceptable to
21    the  Authority that is at least equal to the State Guarantee.
22    (iii) The lender assumes all  responsibility  and  costs  for
23    pursuing   legal  action  on  collecting  any  loan  that  is
24    delinquent or in default. (iv) The lender is at risk for  the
25    first  15% of the outstanding principal of the note for which
26    the State Guarantee is provided.
27        (e) The Illinois Farmer and Agribusiness  Loan  Guarantee
28    Fund may be used to secure State Guarantees issued under this
29    Section as provided in Section 830-35.
30        (f) Notwithstanding the provisions of this Section 830-50
31    with  respect  to  the  specialized  livestock operations and
32    lenders who may obtain State Guarantees,  the  Authority  may
33    promulgate  rules establishing the eligibility of specialized
34    livestock operations and lenders to participate in the  State
 
                            -105-    LRB093 08352 SJM 17243 a
 1    Guarantee  program  and  the terms, standards, and procedures
 2    that will apply, when  the  Authority  finds  that  emergency
 3    conditions  in Illinois agriculture have created the need for
 4    State Guarantees pursuant to terms, standards, and procedures
 5    other than those specified in this Section.

 6                             ARTICLE 840
 7                    HEALTH FACILITIES DEVELOPMENT

 8        Section 840-5. The Authority  shall  have  the  following
 9    powers:
10        (a)  To  fix  and revise from time to time and charge and
11    collect rates, rents, fees and charges for the use of and for
12    the services furnished or to be furnished  by  a  project  or
13    other  health facilities owned, financed or refinanced by the
14    Authority or any portion thereof and  to  contract  with  any
15    person,  partnership,  association  or  corporation  or other
16    body, public or private, in respect  thereto;  to  coordinate
17    its  policies  and  procedures  and cooperate with recognized
18    health facility rate setting  mechanisms  which  may  now  or
19    hereafter be established.
20        (b)  To  establish rules and regulations for the use of a
21    project  or  other  health  facilities  owned,  financed   or
22    refinanced  by  the  Authority  or any portion thereof and to
23    designate a participating health institution as its agent  to
24    establish  rules  and regulations for the use of a project or
25    other health facilities owned by the Authority undertaken for
26    that participating health institution.
27        (c) To establish or contract with others to carry out  on
28    its  behalf a health facility project cost estimating service
29    and to make this service available on all projects to provide
30    expert cost  estimates  and  guidance  to  the  participating
31    health   institution  and  to  the  Authority.  In  order  to
32    implement this service and, through it, to contribute to cost
 
                            -106-    LRB093 08352 SJM 17243 a
 1    containment, the Authority shall have the  power  to  require
 2    such  reasonable  reports  and documents from health facility
 3    projects as may be required for  this  service  and  for  the
 4    development of cost reports and guidelines. The Authority may
 5    appoint  a  Technical  Committee  on  Health Facility Project
 6    Costs and Cost Containment.
 7        (d) To make mortgage or other secured or unsecured  loans
 8    to or for the benefit of any participating health institution
 9    for  the  cost  of  a project in accordance with an agreement
10    between  the   Authority   and   the   participating   health
11    institution;  provided  that  no  such  loan shall exceed the
12    total cost of the project as determined by the  participating
13    health  institution  and  approved by the Authority; provided
14    further that such loans may be made to any entity  affiliated
15    with  a  participating  health institution if the proceeds of
16    such loan are made available to or applied for the benefit of
17    such participating health institution.
18        (e) To make mortgage or other secured or unsecured  loans
19    to  or  for the benefit of a participating health institution
20    in accordance with an agreement between the Authority and the
21    participating  health  institution  to   refund   outstanding
22    obligations,  loans,  indebtedness  or advances issued, made,
23    given or incurred by such  participating  health  institution
24    for  the  cost  of a project; including the function to issue
25    bonds and make loans to or for the benefit of a participating
26    health institution to refinance indebtedness incurred by such
27    participating health institution in projects  undertaken  and
28    completed or for other health facilities acquired prior to or
29    after the enactment of this Act when the Authority finds that
30    such  refinancing  is  in  the  public  interest,  and either
31    alleviates a financial hardship of such participating  health
32    institution,  or is in connection with other financing by the
33    Authority for such participating health institution or may be
34    expected to result in a lessened cost of patient care  and  a
 
                            -107-    LRB093 08352 SJM 17243 a
 1    saving  to third parties, including government, and to others
 2    who must pay for care, or any combination  thereof;  provided
 3    further  that such loans may be made to any entity affiliated
 4    with a participating health institution if  the  proceeds  of
 5    such loan are made available to or applied for the benefit of
 6    such participating health institution.
 7        (f)  To mortgage all or any portion of a project or other
 8    health facilities and the property on which any such  project
 9    or  other  health  facilities  are  located  whether owned or
10    thereafter acquired, and to assign or pledge mortgages, deeds
11    of  trust,  indentures  of  mortgage  or  trust  or   similar
12    instruments,  notes,  and  other  securities of participating
13    health institutions to which or for the benefit of which  the
14    Authority  has made loans or of entities affiliated with such
15    institutions and the revenues therefrom,  including  payments
16    or  income  from  any thereof owned or held by the Authority,
17    for the benefit of the holders of  bonds  issued  to  finance
18    such  project  or  health  facilities  or issued to refund or
19    refinance outstanding  obligations,  loans,  indebtedness  or
20    advances of participating health institutions as permitted by
21    this Act.
22        (g)  To  lease  to a participating health institution the
23    project  being  financed  or  refinanced  or   other   health
24    facilities  conveyed to the Authority in connection with such
25    financing or refinancing, upon such terms and  conditions  as
26    the  Authority  shall  deem proper, and to charge and collect
27    rents therefor and to  terminate  any  such  lease  upon  the
28    failure  of  the lessee to comply with any of the obligations
29    thereof; and to  include  in  any  such  lease,  if  desired,
30    provisions  that  the  lessee  thereof  shall have options to
31    renew the lease for such period or periods and at  such  rent
32    as shall be determined by the Authority or to purchase any or
33    all  of  the health facilities or that upon payment of all of
34    the indebtedness incurred by the Authority for the  financing
 
                            -108-    LRB093 08352 SJM 17243 a
 1    of  such  project  or  health  facilities  or  for  refunding
 2    outstanding obligations, loans, indebtedness or advances of a
 3    participating  health  institution,  then  the  Authority may
 4    convey any or  all  of  the  project  or  such  other  health
 5    facilities  to  the lessee or lessees thereof with or without
 6    consideration.
 7        (h) To make studies  of  needed  health  facilities  that
 8    could  not  sustain a loan were it made under this Act and to
 9    recommend remedial action to the General Assembly; to do  the
10    same  with  regard  to  any  laws or regulations that prevent
11    health facilities from benefiting from this Act.
12        (i) To assist the Department  of  Commerce  and  Economic
13    Opportunity  to  establish  and implement a program to assist
14    health facilities  to  identify  and  arrange  financing  for
15    energy  conservation  projects  in  buildings  and facilities
16    owned or leased by health facilities.
17        (j)  To  assist  the  Department  of  Human  Services  in
18    establishing a low interest loan program to help  child  care
19    centers  and  family  day  care homes serving children of low
20    income families under Section 22.4 of the Children and Family
21    Services Act.

22        Section 840-10. By means of this Act it is the intent  of
23    the  General  Assembly to provide a measure of assistance and
24    alternative methods  of  financing  to  participating  health
25    institutions   to   aid   them  in  providing  needed  health
26    facilities that  will  assure  admission  and  care  of  high
27    quality  to  all  who  need  it  and in dealing with the cash
28    requirements  of  such  facilities,  whether  resulting  from
29    capital expenditures, operating expenditures, delays  in  the
30    receipt of payments for services or otherwise.

31        Section 840-15. The Authority is authorized and empowered
32    to acquire, directly or by and through a participating health
 
                            -109-    LRB093 08352 SJM 17243 a
 1    institution  as  its  agent,  by  purchase  solely from funds
 2    provided under the authority of  this  Act,  or  by  gift  or
 3    legacy,  such  lands, structures, property, real or personal,
 4    rights,  rights-of-way,  franchises,  easements   and   other
 5    interests  in  lands,  including  lands lying under water and
 6    riparian rights, which are located within the State as it may
 7    deem  necessary  or  convenient  for  the   construction   or
 8    operation of a project, upon such terms and at such prices as
 9    may  be  considered  by it to be reasonable and can be agreed
10    upon between it and the owner  thereof,  and  to  take  title
11    thereto  in  the  name  of  the Authority or in the name of a
12    participating health institution as its agent.

13        Section 840-20. It is the intent and purpose of this  Act
14    that  the  exercise by the Authority of the powers granted to
15    it shall be in all respects for the benefit of the people  of
16    this state to assist them to provide needed health facilities
17    of  the  number, size, type, distribution, and operation that
18    will assure admission and care of high  quality  to  all  who
19    need  it.  To  this  end,  the  Authority is charged with the
20    responsibility to identify and study all projects  which  are
21    determined by health planning agencies to be needed but which
22    could  not  sustain  a  loan were such to be made to it under
23    this  Act.  The  Authority  shall,  following   such   study,
24    formulate   and  recommend  to  the  General  Assembly,  such
25    amendments to this and other Acts, and  such  other  specific
26    measures  as  grants,  loan guarantees, interest subsidies or
27    other actions as may be  provided  for  by  the  state  which
28    actions  would  render the construction and operation of such
29    needed health facility feasible and in the  public  interest.
30    Further,  the  Authority  is  charged  with responsibility to
31    identify and study any laws or  regulations  which  it  finds
32    handicaps or bars a needed health facility from participating
33    in  the  benefits of this Act and to recommend to the General
 
                            -110-    LRB093 08352 SJM 17243 a
 1    Assembly such actions as will remedy such situation.

 2        Section 840-25. The Authority shall fix,  revise,  charge
 3    and  collect  rents for the use of each health facility owned
 4    by the Authority and contract with any  person,  partnership,
 5    association or corporation, or other body, public or private,
 6    in  respect thereof. Each lease entered into by the Authority
 7    with a participating health institution and  each  agreement,
 8    note, mortgage or other instrument evidencing the obligations
 9    of  a participating health institution to the Authority shall
10    provide that the  rents  or  principal,  interest  and  other
11    charges  payable  by  or for the benefit of the participating
12    health institution or  the  process  of  accounts  receivable
13    purchased  by  the  Authority  from  the participating health
14    institution shall be sufficient at all times, (a) to pay  its
15    share  of  the  administrative  costs  and  expenses  of  the
16    Authority,  (b) to pay the cost of maintaining, repairing and
17    operating the project and other related health facilities and
18    each and every portion thereof, (c) to pay the principal  of,
19    the premium, if any, and the interest on outstanding bonds of
20    the  Authority  issued in respect of such project as the same
21    shall become due and payable, and (d) to create and  maintain
22    reserves  which  may but need not be required or provided for
23    in  the  bond  resolution  relating  to  such  bonds  of  the
24    Authority. The Authority shall pledge  the  revenues  derived
25    and  to  be  derived  from  a project or other related health
26    facilities or from a participating health institution  or  an
27    affiliate thereof for the purposes specified in (a), (b), (c)
28    and (d) of the preceding sentence and additional bonds may be
29    issued  which  may rank on a parity with other bonds relating
30    to the project to the extent and on the terms and  conditions
31    provided  in  the bond resolution. Such pledge shall be valid
32    and binding from the  time  when  the  pledge  is  made;  the
33    revenues  so  pledged  by  the Authority shall immediately be
 
                            -111-    LRB093 08352 SJM 17243 a
 1    subject to the lien  of  such  pledge  without  any  physical
 2    delivery  thereof  or  further  act  and the lien of any such
 3    pledge shall be valid and  binding  as  against  all  parties
 4    having  claims  of  any  kind  in tort, contract or otherwise
 5    against the Authority, irrespective of whether  such  parties
 6    have  notice  thereof.  Neither  the  bond resolution nor any
 7    financing  statement,   continuation   statement   or   other
 8    instrument  by  which  a  pledge  is  created or by which the
 9    Authority's interest in revenues is assigned need be filed or
10    recorded in any public records in order to perfect  the  lien
11    thereof  as  against  third parties except that a copy of the
12    bond  resolution  shall  be  filed  in  the  records  of  the
13    Authority and with the Secretary of State.

14        Section 840-30. It is intended that  all  private  health
15    facilities  in  this  State  be  enabled  to benefit from and
16    participate in the provisions of this Act. To this  end,  all
17    private  health  facilities  operating,  or  authorized to be
18    operated, under any statute of this State are authorized  and
19    empowered  to undertake projects, as defined in this Act, and
20    to utilize the financing sources  and  methods  of  repayment
21    provided by this Act, the provisions of any other laws to the
22    contrary  notwithstanding.  Notwithstanding the provisions of
23    any other law to the contrary, the State of Illinois and  any
24    political  subdivision,  agency, instrumentality, district or
25    municipality thereof owning or operating any health  facility
26    is  hereby  authorized  to  take  all  actions  necessary  or
27    appropriate  and to execute and deliver any and all evidences
28    of indebtedness and agreements,  including  loan  agreements,
29    leases  and  agreements  providing for credit enhancement, as
30    may  be  necessary  to  permit  such  publicly  owned  health
31    facility to avail itself of the provisions of this  Act.  Any
32    evidence  of  indebtedness  or  agreement entered into by the
33    State or any political subdivision, agency,  instrumentality,
 
                            -112-    LRB093 08352 SJM 17243 a
 1    district  or  municipality  thereof  pursuant to this Act may
 2    provide for the payment of interest at such rate or rates  as
 3    shall   be  determined  by  the  issuer  thereof  or  obligor
 4    thereunder  and  may  be  issued  or  entered  into   without
 5    referendum  approval;  provided,  that  this Act shall not be
 6    deemed to be independent authority for levy of any  taxes  to
 7    pay  an  obligation  owing  from  the  State or any political
 8    subdivision,    agency,    instrumentality,    district    or
 9    municipality thereof and arising  hereunder  or  incurred  in
10    connection with a financing pursuant hereto.

11                             ARTICLE 845
12               AUTHORITY DEBTS, CONTRACTS AND REPORTS

13        Section  845-5. The Authority may not have outstanding at
14    any one time bonds for any of its corporate  purposes  in  an
15    aggregate   principal   amount   exceeding   $23,000,000,000,
16    excluding  bonds  issued to refund the bonds of the Authority
17    or bonds of the Predecessor Authorities.

18        Section 845-10. The Authority may  issue  a  single  bond
19    issue  pursuant  to  this  Act  for  a  group  of  industrial
20    projects,  a  group  of  corporations  or a group of business
21    entities, a group of  units  of  local  government  or  other
22    borrowers  or  any  combination  thereof.  A  bond  issue for
23    multiple projects  as  provided  in  this  Section  shall  be
24    subject to all requirements for bond issues as established by
25    this Act.

26        Section  845-15.  The Authority may maintain an office or
27    branch office anywhere in the State, and may utilize, without
28    the payment of rent, any office facilities  which  the  State
29    may conveniently make available to it.
 
                            -113-    LRB093 08352 SJM 17243 a
 1        Section  845-20.  The  Authority  shall not have power to
 2    levy taxes for any purpose whatsoever.

 3        Section  845-25.  The  Authority  shall  not  incur   any
 4    obligations  for  salaries,  office  or  other administrative
 5    expenses prior to the making of appropriations to  meet  such
 6    expenses.  Interest  earned  from investments of any funds of
 7    the Authority and repayments of principal of such investments
 8    shall be available for appropriation by  the  Board  for  the
 9    corporate purposes of the Authority.

10        Section  845-30.  The  State  and  all  counties, cities,
11    villages,   incorporated   towns    and    other    municipal
12    corporations,  political  subdivisions and public bodies, and
13    public officers of any thereof,  all  banks,  bankers,  trust
14    companies,  savings banks and institutions, building and loan
15    associations,  savings  and  loan  associations,   investment
16    companies  and  other persons carrying on a banking business,
17    all insurance companies,  insurance  associations  and  other
18    persons  carrying on an insurance business and all executors,
19    administrators, guardians, trustees and other fiduciaries may
20    legally invest any  sinking  funds,  moneys  or  other  funds
21    belonging  to  them  or  within their control in any bonds or
22    evidences of indebtedness issued  pursuant  to  this  Act  or
23    issued  by  the Predecessor Authorities, it being the purpose
24    of this Section to authorize the investment in such bonds  or
25    evidences   of   indebtedness   of  all  sinking,  insurance,
26    retirement, compensation, pension and  trust  funds,  whether
27    owned or controlled by private or public persons or officers;
28    provided, however, that nothing contained in this Section may
29    be  construed  as  relieving  any  person  from  any  duty of
30    exercising  reasonable  care  in  selecting  securities   for
31    purchase or investment.
 
                            -114-    LRB093 08352 SJM 17243 a
 1        Section 845-35. Under no circumstances shall any bonds or
 2    other  evidences  of  indebtedness issued by the Authority or
 3    the Predecessor Authorities under this Act or under any other
 4    law be or become an indebtedness or obligation of  the  State
 5    of   Illinois,  within  the  purview  of  any  constitutional
 6    limitation or provision, and it shall be  plainly  stated  on
 7    the  face of each bond or other evidence of indebtedness that
 8    it does not constitute such an indebtedness or obligation but
 9    is  payable  solely  from  the  revenues  or  income  of  the
10    Authority.

11        Section 845-40. The Authority shall appoint  a  secretary
12    and  treasurer, who may, but need not, be a member or members
13    of the Authority to hold office during the  pleasure  of  the
14    Authority.  Before entering upon the duties of the respective
15    offices such person or persons shall take  and  subscribe  to
16    the  constitutional  oath  of office, and the treasurer shall
17    execute a bond with corporate sureties to be approved by  the
18    Authority.  The  bond  shall  be  payable to the Authority in
19    whatever  penal  sum  may  be  directed  by   the   Authority
20    conditioned  upon  the  faithful performance of the duties of
21    the office and the payment  of  all  money  received  by  him
22    according  to  law  and  the  orders  of  the  Authority. The
23    Authority may, at any time,  require  a  new  bond  from  the
24    treasurer  in such penal sum as may then be determined by the
25    Authority. The obligation of the sureties shall not extend to
26    any loss sustained by the insolvency, failure or  closing  of
27    any  savings  and  loan association or national or state bank
28    wherein the treasurer has deposited  funds  if  the  bank  or
29    savings  and  loan  association  has  been  approved  by  the
30    Authority  as  a  depository  for  these  funds. The oaths of
31    office and  the  treasurer's  bond  shall  be  filed  in  the
32    principal   office   of  the  Authority.  All  funds  of  the
33    Authority, including without limitation, grants or loans from
 
                            -115-    LRB093 08352 SJM 17243 a
 1    the  federal  government,  the  State  or   any   agency   or
 2    instrumentality  thereof,  fees, service charges, interest or
 3    other investment earnings on its funds, payments of principal
 4    of and interest on loans of its funds and  revenue  from  any
 5    other  source,  except  funds  the  application  of  which is
 6    otherwise  specifically  provided   for   by   appropriation,
 7    resolution, grant agreement, lease agreement, loan agreement,
 8    indenture,  mortgage  or  trust agreement or other agreement,
 9    may be held by the Authority in its treasury and be generally
10    available for expenditure by the Authority  for  any  of  the
11    purposes  authorized  by this Act. In addition to investments
12    authorized by Section 2 of the Public Funds  Investment  Act,
13    funds  of  the  Authority  may be invested in (a) obligations
14    issued by any State,  unit  of  local  government  or  school
15    district  which obligations are rated at the time of purchase
16    by a national rating service within the  two  highest  rating
17    classifications  without  regard  to any rating refinement or
18    gradation by numerical  or  other  modifier,  or  (b)  equity
19    securities  of  an  investment  company  registered under the
20    Investment Company Act of 1940 whose sole assets, other  than
21    cash  and  other temporary investments, are obligations which
22    are eligible investments for the Authority, provided that not
23    more than 20% of the assets of  the  investment  company  may
24    consist  of  unrated  obligations  of  the  type described in
25    clause (a) which the Board of  Directors  of  the  investment
26    company  has  determined to be of comparable quality to rated
27    obligations described in clause (a).  Funds  appropriated  by
28    the  General  Assembly  to the Authority shall be held in the
29    State  Treasury  unless  this  Act  or  the  Act  making  the
30    appropriation specifically states that the monies are  to  be
31    held  in  or  appropriated  to the Authority's treasury. Such
32    funds as  are  authorized  to  be  held  in  the  Authority's
33    treasury  and  deposited  in  any  bank  or  savings and loan
34    association and placed in the name of the Authority shall  be
 
                            -116-    LRB093 08352 SJM 17243 a
 1    withdrawn or paid out only by check or draft upon the bank or
 2    savings  and  loan  association,  signed by the treasurer and
 3    countersigned  by  the  Chairperson  of  the  Authority.  The
 4    Authority may designate any of its members or any officer  or
 5    employee  of  the  Authority  to  affix  the signature of the
 6    Chairperson  and  another  to  affix  the  signature  of  the
 7    treasurer to any check or draft for payment  of  salaries  or
 8    wages  and  for  payment of any other obligations of not more
 9    than $2,500. In case any officer whose signature appears upon
10    any check or draft, issued pursuant to this  Act,  ceases  to
11    hold his office before the delivery thereof to the payee, his
12    signature  nevertheless shall be valid and sufficient for all
13    purposes with the same effect as if he had remained in office
14    until  delivery  thereof.  No  bank  or  savings   and   loan
15    association  shall  receive public funds as permitted by this
16    Section,  unless  it  has  complied  with  the   requirements
17    established  pursuant  to  Section  6  of  the  Public  Funds
18    Investment Act.

19        Section   845-45.  (a)  No  member,  officer,  agent,  or
20    employee of the Authority shall, in his or her own name or in
21    the name of a nominee, be an officer or director or  hold  an
22    ownership  interest  of  more  than  7  1/2%  in  any person,
23    association, trust, corporation, partnership, or other entity
24    that is, in its own name or in the name of a nominee, a party
25    to a contract or agreement upon which  the  member,  officer,
26    agent, or employee may be called upon to act or vote.
27        (b)  With respect to any direct or any indirect interest,
28    other than an interest prohibited in  subsection  (a),  in  a
29    contract  or agreement upon which the member, officer, agent,
30    or employee may be called upon to  act  or  vote,  a  member,
31    officer,  agent,  or employee of the Authority shall disclose
32    the interest to the secretary of  the  Authority  before  the
33    taking  of  final  action  by  the  Authority  concerning the
 
                            -117-    LRB093 08352 SJM 17243 a
 1    contract or agreement and shall so disclose  the  nature  and
 2    extent  of the interest and his or her acquisition of it, and
 3    those disclosures  shall  be  publicly  acknowledged  by  the
 4    Authority and entered upon the minutes of the Authority. If a
 5    member,  officer,  agent,  or employee of the Authority holds
 6    such an interest, then he  or  she  shall  refrain  from  any
 7    further  official  involvement  in  regard to the contract or
 8    agreement, from  voting  on  any  matter  pertaining  to  the
 9    contract  or  agreement,  and  from  communicating with other
10    members  of  the  Authority  or  its  officers,  agents,  and
11    employees   concerning    the    contract    or    agreement.
12    Notwithstanding  any  other provision of law, any contract or
13    agreement entered into in conformity with this subsection (b)
14    shall not be void  or  invalid  by  reason  of  the  interest
15    described  in  this  subsection,  nor  shall  any  person  so
16    disclosing  the interest and refraining from further official
17    involvement as provided in this subsection be  guilty  of  an
18    offense,  be  removed from office, or be subject to any other
19    penalty on account of that interest.
20        (c) Any  contract  or  agreement  made  in  violation  of
21    paragraphs  (a) or (b) of this Section shall be null and void
22    and give rise to no action against the Authority.

23        Section 845-50. The fiscal year for the  Authority  shall
24    commence  on the first of July. As soon after the end of each
25    fiscal year as may be expedient, the Authority shall cause to
26    be prepared and  printed  a  complete  report  and  financial
27    statement   of   its   operations   and  of  its  assets  and
28    liabilities. A reasonably sufficient number of copies of such
29    report  shall  be  printed  for   distribution   to   persons
30    interested,  upon  request, and a copy thereof shall be filed
31    with  the  Governor,  the  Secretary  of  State,  the   State
32    Comptroller,  the Secretary of the Senate and the Chief Clerk
33    of the House of Representatives.
 
                            -118-    LRB093 08352 SJM 17243 a
 1        Section  845-55.  For  the  purposes  of   the   Illinois
 2    Securities  Law  of 1953, bonds issued by the Authority shall
 3    be deemed to be securities issued by a public instrumentality
 4    of the State of Illinois.

 5        Section 845-60. Tax  Exemption.  The  tax  exemptions  of
 6    outstanding  bonds  issued  by  the  Predecessor  Authorities
 7    pursuant  to sections of the enabling acts of the Predecessor
 8    Authorities applicable  to  those  bonds  when  issued  shall
 9    remain valid and continue to be recognized by the State until
10    final  payment  of those bonds, notwithstanding the repeal of
11    the enabling acts of the Predecessor Authorities.

12        Section 845-65. If any provision  of  this  Act  is  held
13    invalid, such provision shall be deemed to be excised and the
14    invalidity   thereof  shall  not  affect  any  of  the  other
15    provisions of this Act. If the application of  any  provision
16    of this Act to any person or circumstance is held invalid, it
17    shall  not  affect  the application of such provision to such
18    persons or circumstances other than those as to which  it  is
19    held invalid.

20        Section  845-70. Tax avoidance. Notwithstanding any other
21    provision of law, the Authority  shall  not  enter  into  any
22    agreement  providing  for  the purchase and lease of tangible
23    personal property that results in the avoidance  of  taxation
24    under the Retailers' Occupation Tax Act, the Use Tax Act, the
25    Service  Use  Tax  Act,  or  the  Service Occupation Tax Act,
26    without the prior written consent of the Governor.

27        Section 845-75. Transfer  of  functions  from  previously
28    existing  authorities  to the Illinois Finance Authority. The
29    Illinois Finance Authority created by  the  Illinois  Finance
30    Authority  Act  shall  succeed  to,  assume  and exercise all
 
                            -119-    LRB093 08352 SJM 17243 a
 1    rights,  powers,   duties   and   responsibilities   formerly
 2    exercised  by  the following Authorities and entities (herein
 3    called the "Predecessor Authorities") prior to the  abolition
 4    of the Predecessor Authorities by this Act:
 5        The Illinois Development Finance Authority
 6        The Illinois Farm Development Authority
 7        The Illinois Health Facilities Authority
 8        The Illinois Educational Facilities Authority
 9        The Illinois Community Development Finance Corporation
10        The Illinois Rural Bond Bank
11        The Research Park Authority
12        All   books,   records,  papers,  documents  and  pending
13    business in any way pertaining to the Predecessor Authorities
14    are transferred to the Illinois Finance  Authority,  but  any
15    rights  or  obligations of any person under any contract made
16    by, or  under  any  rules,  regulations,  uniform  standards,
17    criteria  and  guidelines  established  or  approved by, such
18    Predecessor Authorities  shall  be  unaffected  thereby.  All
19    bonds,  notes  or other evidences of indebtedness outstanding
20    on the effective date of this Act shall be unaffected by  the
21    transfer  of  functions to the Illinois Finance Authority. No
22    rule,   regulation,   standard,   criteria    or    guideline
23    promulgated,  established  or  approved  by  the  Predecessor
24    Authorities pursuant to an exercise of any right, power, duty
25    or  responsibility assumed by and transferred to the Illinois
26    Finance Authority shall be affected by this Act, and all such
27    rules, regulations, standards, criteria and guidelines  shall
28    become  those  of  the  Illinois Finance Authority until such
29    time as they are amended or repealed by the Illinois  Finance
30    Authority.

31        Section  845-80.  Any  reference  in statute, in rule, or
32    otherwise to the following entities is  a  reference  to  the
33    Illinois Finance Authority created by this Act:
 
                            -120-    LRB093 08352 SJM 17243 a
 1        The Illinois Development Finance Authority.
 2        The Illinois Farm Development Authority.
 3        The Illinois Health Facilities Authority.
 4        The Illinois Research Park Authority.
 5        The Illinois Rural Bond Bank.
 6        The Illinois Educational Facilities Authority.
 7        The Illinois Community Development Finance Corporation.

 8        Section  845-85.   Any  reference in statute, in rule, or
 9    otherwise to the following Acts is a reference to this Act:
10        The Illinois Development Finance Authority Act.
11        The Illinois Farm Development Act.
12        The Illinois Health Facilities Authority Act.
13        The Illinois Research Park Authority Act.
14        The Rural Bond Bank Act.
15        The Illinois Educational Facilities Authority Act.
16        The Illinois Community  Development  Finance  Corporation
17    Act.

18                             ARTICLE 890
19                        AMENDATORY PROVISIONS

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

22        (5 ILCS 70/8) (from Ch. 1, par. 1107)
23        Sec. 8.  Omnibus Bond Acts.
24        (a)  A citation to the Omnibus Bond Acts is a citation to
25    all of the following Acts, collectively, as amended from time
26    to time:  the Bond Authorization  Act,  the  Registered  Bond
27    Act, the Municipal Bond Reform Act, the Local Government Debt
28    Reform Act, subsection (a) of Section 1-7 of the Property Tax
29    Extension Limitation Act, subsection (a) of Section 18-190 of
30    the  Property  Tax  Code,  the Uniform Facsimile Signature of
 
                            -121-    LRB093 08352 SJM 17243 a
 1    Public Officials Act, the Local Government Bond Validity Act,
 2    the Illinois Development Finance Authority  Act,  the  Public
 3    Funds Investment Act, the Local Government Credit Enhancement
 4    Act,  the  Local  Government  Defeasance  of  Debt  Law,  the
 5    Intergovernmental   Cooperation  Act,  the  Local  Government
 6    Financial  Planning  and   Supervision   Act,   the   Special
 7    Assessment  Supplemental Bond and Procedure Act, Section 12-5
 8    of the Election Code, and any similar Act granting additional
 9    omnibus  bond  powers  to  governmental  entities  generally,
10    whether enacted before, on, or after the  effective  date  of
11    this amendatory Act of 1989.
12        (b)  The    General    Assembly   recognizes   that   the
13    proliferation of governmental entities has  resulted  in  the
14    enactment of hundreds of statutory provisions relating to the
15    borrowing  and  other  powers  of  governmental entities. The
16    General Assembly addresses and has addressed problems  common
17    to  all  such  governmental  entities so that they have equal
18    access to the municipal bond market. It has  been,  and  will
19    continue  to  be,  the  intention  of the General Assembly to
20    enact legislation applicable to governmental entities  in  an
21    omnibus  fashion,  as  has been done in the provisions of the
22    Omnibus Bond Acts.
23        (c)  It is and always  has  been  the  intention  of  the
24    General  Assembly  that  the Omnibus Bond Acts are and always
25    have been supplementary grants of power, cumulative in nature
26    and in addition to any power  or  authority  granted  in  any
27    other  laws  of  the  State.    The  Omnibus  Bond  Acts  are
28    supplementary grants of power when applied in connection with
29    any  similar  grant  of  power or limitation contained in any
30    other law of the State, whether  or  not  the  other  law  is
31    enacted or amended after an Omnibus Bond Act or appears to be
32    more restrictive than an Omnibus Bond Act, unless the General
33    Assembly   expressly  declares  in  such  other  law  that  a
34    specifically named Omnibus Bond Act does not apply.
 
                            -122-    LRB093 08352 SJM 17243 a
 1        (d)  All instruments providing for the payment  of  money
 2    executed by or on behalf of any governmental entity organized
 3    by  or  under  the  laws  of  this  State,  including without
 4    limitation the State, to carry out a public  governmental  or
 5    proprietary    function,   acting   through   its   corporate
 6    authorities, or which any governmental entity has assumed  or
 7    agreed to pay, which were:
 8             (1)  issued   or   authorized   to   be   issued  by
 9        proceedings adopted by such corporate authorities  before
10        the effective date of this amendatory Act of 1989;
11             (2)  issued or authorized to be issued in accordance
12        with  the  procedures  set  forth  in  or pursuant to any
13        authorization contained in any of the Omnibus Bond  Acts;
14        and
15             (3)  issued  or  authorized  to  be  issued  for any
16        purpose authorized by the laws of this State,  are  valid
17        and  legally  binding  obligations  of  the  governmental
18        entity  issuing  such  instruments, payable in accordance
19        with their terms.
20    (Source: P.A. 90-480, eff. 8-17-97; 91-57, eff. 6-30-99.)

21        Section 890-2.  The Department of Commerce and  Community
22    Affairs  Law  of the Civil Administrative Code of Illinois is
23    amended by changing Sections 605-675, 605-915,  605-920,  and
24    605-925 as follows:

25        (20 ILCS 605/605-675) (was 20 ILCS 605/46.66)
26        Sec.  605-675.  Exporter  award  program.  The Department
27    shall  establish  and  operate,  in  cooperation   with   the
28    Department   of  Agriculture  and  the  Illinois  Development
29    Finance Authority, an  annual  awards  program  to  recognize
30    Illinois-based  exporters.   In  developing  criteria for the
31    awards,  the  Department  shall  give  consideration  to  the
32    exporting efforts  of  small  and  medium  sized  businesses,
 
                            -123-    LRB093 08352 SJM 17243 a
 1    first-time exporters, and other appropriate categories.
 2    (Source: P.A. 91-239, eff. 1-1-00.)

 3        (20 ILCS 605/605-915) (was 20 ILCS 605/46.45)
 4        Sec.  605-915.  Assisting  local  governments  to achieve
 5    lower  borrowing  costs.  To  cooperate  with  the   Illinois
 6    Development  Finance Authority in assisting local governments
 7    to achieve overall lower borrowing costs and  more  favorable
 8    terms  under  Sections  7.50  through  7.61  of  the Illinois
 9    Development  Finance  Authority  Act,  including  using   the
10    Department's    federally    funded   Community   Development
11    Assistance Program for those purposes.
12    (Source: P.A. 91-239, eff. 1-1-00.)

13        (20 ILCS 605/605-920) (was 20 ILCS 605/46.47)
14        Sec.  605-920.   Assisting   local    governments;   debt
15    management,  capital  facility planning, infrastructure.   To
16    provide, in cooperation with the Illinois Development Finance
17    Authority, technical assistance  to  local  governments  with
18    respect   to  debt  management  and  bond  issuance,  capital
19    facility planning, infrastructure  financing,  infrastructure
20    maintenance,  fiscal  management,  and  other  infrastructure
21    areas.
22    (Source: P.A. 91-239, eff. 1-1-00.)

23        (20 ILCS 605/605-925) (was 20 ILCS 605/46.48)
24        Sec.    605-925.   Helping   local   governments   reduce
25    infrastructure  costs.  To  develop  and  recommend  to   the
26    Governor  and  the  General Assembly, in cooperation with the
27    Illinois Development Finance Authority and local governments,
28    methods and  techniques  that  can  be  used  to  help  local
29    governments   reduce   their   public  infrastructure  costs,
30    including strengthened local financial management, user fees,
31    and other appropriate options.
 
                            -124-    LRB093 08352 SJM 17243 a
 1    (Source: P.A. 91-239, eff. 1-1-00.)

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

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

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

20        (20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
21        Sec.  15.   (a)  The  Department, in cooperation with the
22    Illinois Development Finance  Authority,  shall  establish  a
23    program  to  assist  units of local government, as defined in
24    the Illinois Development Finance Authority Act,  to  identify
25    and  arrange  financing  for energy conservation projects for
26    buildings and facilities owned or leased by  those  units  of
27    local government.
28        (b)  The  Department,  in  cooperation  with the Illinois
29    Health Facilities Authority, shall  establish  a  program  to
30    assist  health  facilities  to identify and arrange financing
 
                            -125-    LRB093 08352 SJM 17243 a
 1    for energy conservation projects for buildings and facilities
 2    owned or leased by those health facilities.
 3    (Source: P.A. 87-852; 88-45.)

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

 7        (20 ILCS 2310/2310-200) (was 20 ILCS 2310/55.53)
 8        Sec. 2310-200.  Programs  to  expand  access  to  primary
 9    care.
10        (a)  The  Department  shall establish a program to expand
11    access to comprehensive primary care in medically underserved
12    communities throughout Illinois.  This  program  may  include
13    the  provision  of financial support and technical assistance
14    to eligible community health centers.   To  be  eligible  for
15    those grants, community health centers must meet requirements
16    comparable to those enumerated in Sections 329 and 330 of the
17    federal  Public  Health  Service  Act.   In  establishing its
18    program, the Department shall avoid duplicating resources  in
19    areas already served by community health centers.
20        (b)  The  Department  may develop financing programs with
21    the Illinois Development Finance Authority to carry  out  the
22    purposes  of the Civil Administrative Code of Illinois or any
23    other  Act   that   the   Department   is   responsible   for
24    administering.   The  Department may transfer to the Illinois
25    Development Finance Authority, into an account outside of the
26    State treasury,  any  moneys  it  deems  necessary  from  its
27    accounts  to  establish  bond  reserve  or credit enhancement
28    escrow accounts, or loan or equipment leasing programs.   The
29    disposition of moneys at the conclusion of any such financing
30    program shall be determined by an interagency agreement.
31    (Source: P.A. 91-239, eff. 1-1-00.)
 
                            -126-    LRB093 08352 SJM 17243 a
 1        Section  890-6.   The  Asbestos  Abatement Finance Act is
 2    amended by changing Sections 2 and 3 as follows:

 3        (20 ILCS 3510/2) (from Ch. 111 1/2, par. 8102)
 4        Sec. 2.  Definitions.  The  following  words  and  terms,
 5    whether  or  not  capitalized,  have  the following meanings,
 6    unless the context or use clearly requires otherwise:
 7        "Asbestos" means asbestos as  defined  and  used  in  the
 8    federal  Asbestos  Hazard  Emergency Response Act of 1986, as
 9    now  or  hereafter   amended,   including   the   regulations
10    promulgated under that Act.
11        "Asbestos  Abatement  Project" means asbestos inspection,
12    planning and response action under and within the meaning  of
13    the  federal  Asbestos Hazard Emergency Response Act of 1986,
14    as now or hereafter amended, to abate a health hazard  caused
15    directly  or  indirectly  by the existence of asbestos in any
16    building or other facility  owned,  operated,  maintained  or
17    occupied  in  whole  or  in part by a public corporation or a
18    private institution.
19        "Authority"  means  the  Illinois   Development   Finance
20    Authority.
21        "Board" means the Board of the Authority.
22        "Bond"   means  any  bond,  note  or  other  evidence  of
23    indebtedness issued by the Authority under this Act.
24        "Chairman" means the Chairman of the Authority.
25        "Cost" as applied to an asbestos abatement project  means
26    the  costs incurred or to be incurred by a public corporation
27    or a  private  institution  in  the  removal,  encapsulation,
28    enclosure, repair, or maintenance of asbestos in any building
29    or  other facility owned, operated, maintained or occupied in
30    whole or in  part  by  a  public  corporation  or  a  private
31    institution,   including   all   incidental   costs  such  as
32    engineering, architectural,  consulting  and  legal  expenses
33    incurred  in  connection  with an asbestos abatement project,
 
                            -127-    LRB093 08352 SJM 17243 a
 1    plans,  specifications,  surveys,  estimates  of  costs   and
 2    revenues,   finance   charges,  interest  before  and  during
 3    construction of an asbestos abatement project and, for up  to
 4    18  months  after  completion of construction, other expenses
 5    necessary or incident to determining the need, feasibility or
 6    practicability   of   an    asbestos    abatement    project,
 7    administrative  expenses,  and  such other costs, charges and
 8    expenses as may be necessary or incident to the  construction
 9    or  financing  of any asbestos abatement project.  As used in
10    this  Act,  "cost"  means  not  only  costs  of  an  asbestos
11    abatement project expected to be incurred in the future,  but
12    costs  already incurred and paid by a public corporation or a
13    private institution so that a public corporation or a private
14    institution shall be permitted to reimburse itself for  those
15    costs previously incurred and paid.
16        "Person"   means   any   individual,  firm,  partnership,
17    association,   or   corporation,   separately   or   in   any
18    combination.
19        "Private   institution"    means    any    not-for-profit
20    organization  within  the meaning of Section 501(c)(3) of the
21    Internal Revenue Code of 1986, as now or  hereafter  amended,
22    including  any  private  or  nonpublic  pre-school,  day care
23    center,  day  or  residential  educational  institution  that
24    provides elementary or secondary education for grades  12  or
25    under, any private or nonpublic college or university, or any
26    hospital, health care or long term care institution.
27        "Private institution security" means any bond, note, loan
28    agreement,  or other evidence of indebtedness which a private
29    institution is legally authorized to issue or enter into  for
30    the  purpose  of  financing  or  refinancing  the costs of an
31    asbestos abatement project.
32        "Public corporation" means any body  corporate  organized
33    by  or  under  the  laws  of this State to carry out a public
34    governmental or proprietary function,  including  the  State,
 
                            -128-    LRB093 08352 SJM 17243 a
 1    any  State  agency, any school district, park district, city,
 2    village, incorporated town, county, township, drainage or any
 3    other  type  of  district,  board,   commission,   authority,
 4    university,  public  community  college  or  any  combination
 5    (including any combination under Section 10 of Article VII of
 6    the  Illinois  Constitution  or  under  the Intergovernmental
 7    Cooperation Act of 1973, as now or hereafter amended), acting
 8    through their corporate authorities, and any  other  unit  of
 9    local  government  within the meaning of Section 1 of Article
10    VII of the Illinois Constitution.
11        "Public corporation security" means any bond, note,  loan
12    agreement,  or  other evidence of indebtedness which a public
13    corporation is legally authorized to issue or enter into  for
14    the  purpose  of  financing  or  refinancing  the costs of an
15    asbestos abatement project.
16        "Secretary" means the Secretary of the Authority.
17        "State" means the State of Illinois.
18        "Treasurer" means the Treasurer of the Authority.
19    (Source: P.A. 86-976.)

20        (20 ILCS 3510/3) (from Ch. 111 1/2, par. 8103)
21        Sec. 3.  Powers.  In addition to  the  powers  set  forth
22    elsewhere in this Act and in The Illinois Development Finance
23    Authority  Act,  as  now  or hereafter amended, the Authority
24    may:
25        (a)  Adopt an official seal.
26        (b)  Maintain asbestos  abatement  suboffices  at  places
27    within the State as it designates.
28        (c)  Sue  and be sued, plead and be impleaded, all in its
29    own name, and agree to binding arbitration of any dispute  to
30    which it is a party under this Act.
31        (d)  Adopt  bylaws,  rules,  and regulations to carry out
32    the provisions and purposes of this Act.
33        (e)  Employ, either as regular employees  or  independent
 
                            -129-    LRB093 08352 SJM 17243 a
 1    contractors, consultants, engineers, architects, accountants,
 2    attorneys,    financial    experts,   construction   experts,
 3    superintendents, managers, other professional personnel,  and
 4    other  persons  as  may  be  necessary  or appropriate in the
 5    judgment of the Authority to achieve  the  purposes  of  this
 6    Act, and fix their compensation.
 7        (f)  Determine  the  locations  of,  develop,  establish,
 8    construct,  erect,  acquire,  own,  repair,  remodel, add to,
 9    extend,  improve,  equip,  operate,  regulate,  and  maintain
10    facilities to the extent necessary to accomplish the purposes
11    of this Act.
12        (g)  Acquire, hold, lease, use,  encumber,  transfer,  or
13    dispose   of   real  and  personal  property,  including  the
14    alteration or demolition  of  improvements  to  real  estate,
15    necessary to accomplish the purposes of this Act.
16        (h)  Enter  into  contracts of any kind in furtherance of
17    or which are necessary or incidental to the purposes of  this
18    Act or actions of the Authority taken under this Act.
19        (i)  Regulate the use and operation of asbestos abatement
20    projects  developed  under the provisions of this Act, except
21    that asbestos abatement projects undertaken by schools  shall
22    be  governed  by  the  Asbestos  Abatement  Act, the Asbestos
23    Hazard  Emergency  Response  Act  and  by   the   regulations
24    promulgated  by  the  Department of Public Health pursuant to
25    those Acts.
26        (j)  Purchase from time to time by negotiated sale,  upon
27    such   terms   as   the  Authority  shall  determine,  public
28    corporation  securities  issued  by  one   or   more   public
29    corporations  for  the  purpose  of  paying costs of asbestos
30    abatement projects or private institution  securities  issued
31    by one or more private institutions for the purpose of paying
32    costs of asbestos abatement projects.
33        (k)  Make loans from time to time, upon such terms as the
34    Authority shall determine, to public corporations and private
 
                            -130-    LRB093 08352 SJM 17243 a
 1    institutions  for  the  purpose  of  paying costs of asbestos
 2    abatement projects.
 3        (l)  Issue bonds in one or more series pursuant to one or
 4    more resolutions adopted by the  Board  for  the  purpose  of
 5    purchasing  or  acquiring  public  corporation  securities or
 6    private institution securities  issued  for  the  purpose  of
 7    paying  costs  of  asbestos  abatement  projects  or  for the
 8    purpose of making loans to  public  corporations  or  private
 9    institutions  for  the  purpose  of  paying costs of asbestos
10    abatement projects, providing for the payment of any interest
11    deemed necessary on such  bonds,  paying  for  the  costs  of
12    issuance  of  such  bonds,  providing  for the payment of any
13    premium on any insurance  or  the  cost  of  any  guarantees,
14    letters  of credit or other credit enhancement facilities, or
15    providing for the funding of any reserves deemed necessary in
16    connection  with  such  bonds,  and  refunding   or   advance
17    refunding (one or more times) any such bonds.  Such bonds may
18    bear  interest  at  any  rate  or  rates  (whether  fixed  or
19    variable,  and  whether current or deferred), notwithstanding
20    any other provision of law to the  contrary,  which  rate  or
21    rates  may be established by an index or formula which may be
22    implemented or established by persons appointed  or  retained
23    therefor  by  the Authority, may bear such date or dates, may
24    be payable at such time or times and at such place or places,
25    may mature at any time or times not later than 40 years  from
26    the   date  of  issuance,  may  be  sold  at  competitive  or
27    negotiated sale at such time or times and at  such  price  or
28    prices,  may be secured by such pledges, covenants, reserves,
29    guarantees, letters of credit  or  other  credit  enhancement
30    facilities,  may  be issued and secured by such form of trust
31    agreement between the Authority and a bank or  trust  company
32    having  the  powers  of a trust company within or without the
33    State, may be executed in such  manner,  may  be  subject  to
34    redemption  prior  to  maturity,  and  may be subject to such
 
                            -131-    LRB093 08352 SJM 17243 a
 1    other terms and conditions, as are provided by the  Authority
 2    in the resolution authorizing the issuance of any such bonds.
 3        (m)  Provide  for  the  establishment  and funding of any
 4    reserves or other funds or accounts deemed necessary  by  the
 5    Authority   in  connection  with  any  bonds  issued  by  the
 6    Authority under this Act, any public  corporation  securities
 7    or  private  institution  securities purchased or acquired by
 8    the Authority, or any loan made by the Authority to a  public
 9    corporation  or  a private institution, and deposit into such
10    reserves, funds or accounts the proceeds of any bonds  issued
11    by  the  Authority or any other funds of the Authority or any
12    funds of a public corporation or a private institution  which
13    may  be  applied  for  such purpose.  Such reserves, funds or
14    accounts may be held by a corporate trustee, which may be any
15    trust company or bank having the powers of  a  trust  company
16    located within or outside the State.
17        (n)  Pledge  any  public  corporation security or private
18    institution security, including any payment thereon, and  any
19    other  funds  of  the  Authority which may be applied to such
20    purpose, as security for any bonds issued by the Authority or
21    to secure any letter of credit,  guarantee  or  other  credit
22    enhancement facility.
23        (o)  Enter into agreements or other transactions with any
24    federal,  State  or  local  governmental agency in connection
25    with this Act.
26        (p)  Receive and accept from any federal agency,  subject
27    to  the approval of the Governor, grants for or in aid of the
28    construction of asbestos abatement projects or  for  research
29    and  development with respect to asbestos abatement projects,
30    such grants to  be  held,  used  and  applied  only  for  the
31    purposes for which such grants were made.
32        (q)  Charge fees to defray the cost of letters of credit,
33    guarantees  or other credit enhancement facilities, trustees,
34    depositaries, paying agents, bond registrars, escrow  agents,
 
                            -132-    LRB093 08352 SJM 17243 a
 1    tender  agents and other administrative and program expenses;
 2    and otherwise charge such program fees  consistent  with  the
 3    purposes of this Act as the Authority shall from time to time
 4    determine. Any such fees shall be payable in such amounts and
 5    at  such  times  as  the  Authority  shall determine, and the
 6    amount of the fees need not  be  uniform  among  the  various
 7    series  of bonds issued by the Authority or among the issuers
 8    of  public  corporation  securities  or  private  institution
 9    securities purchased or acquired or proposed to be  purchased
10    or acquired by the Authority.
11        (r)  Prescribe  application  forms,  notification  forms,
12    forms of contracts, loan agreements, financing agreements and
13    security  agreements,  and  such other forms as the Authority
14    deems necessary or appropriate in connection with this Act.
15        (s)  Purchase or  acquire  any  bonds  of  the  Authority
16    issued   under   this   Act   for  cancellation,  resale,  or
17    reissuance.
18        (t)  Subject  to  the  provisions  of   any   resolution,
19    indenture,  or other contract with the owners of bonds, sell,
20    or  otherwise  transfer  or  dispose  of  public  corporation
21    securities or private institution securities  acquired  under
22    this Act.
23        (u)  Do  any  and  all  things necessary or convenient to
24    carry out the purposes of, and exercise the powers  expressly
25    given  and  granted  in,  this Act, including the adoption of
26    rules under The Illinois Administrative Procedure Act, as now
27    or hereafter amended, as  are  necessary  to  carry  out  the
28    powers and duties conferred by this Act.
29    (Source: P.A. 86-976.)

30        Section  890-7.   The  Illinois  Environmental Facilities
31    Financing Act is amended by changing Sections 3, 4, and 7  as
32    follows:
 
                            -133-    LRB093 08352 SJM 17243 a
 1        (20 ILCS 3515/3) (from Ch. 127, par. 723)
 2        Sec.  3.   Definitions.   In this Act, unless the context
 3    otherwise clearly requires, the terms used herein shall  have
 4    the meanings ascribed to them as follows:
 5        (a)  "Bonds"   means   any   bonds,   notes,  debentures,
 6    temporary, interim or permanent certificates of  indebtedness
 7    or other obligations evidencing indebtedness.
 8        (b)  "Directing  body"  means  the  members  of the State
 9    authority.
10        (c)  "Environmental facility" or "facilities"  means  any
11    land,   interest  in  land,  building,  structure,  facility,
12    system,  fixture,   improvement,   appurtenance,   machinery,
13    equipment  or  any  combination  thereof,  and  all  real and
14    personal property deemed necessary therewith,  having  to  do
15    with   or   the   primary  purpose  of  which  is,  reducing,
16    controlling or preventing pollution,  or  reclaiming  surface
17    mined land.  Environmental facilities may be located anywhere
18    in  this  State and may include those facilities or processes
19    used to (i) remove potential pollutants from  coal  prior  to
20    combustion,   (ii)   reduce  the  volume  or  composition  of
21    hazardous  waste  by  changing  or  replacing   manufacturing
22    equipment  or  processes,  (iii)  recycle hazardous waste, or
23    (iv) recover resources from  hazardous  waste.  Environmental
24    facilities  may  also  include  (i)  solar  collectors, solar
25    storage mechanisms and solar energy systems,  as  defined  in
26    Section  10-5  of  the  Property  Tax  Code;  (ii) facilities
27    designed to collect,  store,  transfer,  or  distribute,  for
28    residential,  commercial or industrial use, heat energy which
29    is a by-product of industrial or energy generation  processes
30    and   which  would  otherwise  be  wasted;  (iii)  facilities
31    designed to remove pollutants from emissions that result from
32    the  combustion  of  coal;  and  (iv)  facilities   for   the
33    combustion  of  coal in a fluidized bed boiler. Environmental
34    facilities  include  landfill  gas  recovery  facilities,  as
 
                            -134-    LRB093 08352 SJM 17243 a
 1    defined in the Illinois Environmental Protection Act.
 2        Environmental  facilities  do  not  include   any   land,
 3    interest  in  land,  buildings,  structure, facility, system,
 4    fixture, improvement, appurtenance, machinery,  equipment  or
 5    any  combination  thereof, and all real and personal property
 6    deemed necessary therewith, having to  do  with  a  hazardous
 7    waste  disposal  site,  except  where  such land, interest in
 8    land,  buildings,  structure,  facility,   system,   fixture,
 9    improvement,  appurtenance,  machinery,  equipment,  real  or
10    personal  property are used for the management or recovery of
11    gas generated by a hazardous waste disposal site or are  used
12    for  recycling,  reclamation,  tank  storage  or treatment in
13    tanks which occurs on the same  site  as  a  hazardous  waste
14    disposal site.
15        (d)  "Finance"   or  "financing"  means  the  issuing  of
16    revenue bonds pursuant to Section 9 of this Act by the  State
17    authority  for  the  purpose  of  using  the  proceeds to pay
18    project  costs  for  an  environmental  or  hazardous   waste
19    treatment  facility including one in or to which title at all
20    times remains in a person other than the State authority,  in
21    which case the bonds of the Authority are secured by a pledge
22    of one or more notes, debentures, bonds or other obligations,
23    secured or unsecured, of any person.
24        (e)  "Person"    means   any   individual,   partnership,
25    copartnership, firm, company, corporation  (including  public
26    utilities),  association, joint stock company, trust, estate,
27    political subdivision,  state  agency,  or  any  other  legal
28    entity, or their legal representative, agent or assigns.
29        (f)  "Pollution"   means   any   form   of  environmental
30    pollution including, but not limited to, water pollution, air
31    pollution, land pollution,  solid  waste  pollution,  thermal
32    pollution,  radiation  contamination,  or  noise pollution as
33    determined by the various standards prescribed by this  state
34    or  the  federal government and including but not limited to,
 
                            -135-    LRB093 08352 SJM 17243 a
 1    anything which is considered as  pollution  or  environmental
 2    damage in the Environmental Protection Act, approved June 29,
 3    1970, as now or hereafter amended.
 4        (g)  "Project  costs"  as  applied  to  environmental  or
 5    hazardous waste treatment facilities financed under  this Act
 6    means  and  includes  the  sum  total  of  all  reasonable or
 7    necessary costs incidental to the acquisition,  construction,
 8    reconstruction, repair, alteration, improvement and extension
 9    of such environmental or hazardous waste treatment facilities
10    including without limitation the cost of studies and surveys;
11    plans,    specifications,   architectural   and   engineering
12    services; legal, organization,  marketing  or  other  special
13    services;  financing,  acquisition, demolition, construction,
14    equipment and  site  development  of  new  and  rehabilitated
15    buildings;    rehabilitation,   reconstruction,   repair   or
16    remodeling of existing buildings and all other necessary  and
17    incidental  expenses  including  an initial bond and interest
18    reserve together with interest on  bonds  issued  to  finance
19    such environmental or hazardous waste treatment facilities to
20    a   date  6  months  subsequent  to  the  estimated  date  of
21    completion.
22        (h)  "State authority" or "authority" means the  Illinois
23    Development   Finance   Authority  created  by  the  Illinois
24    Development Finance Authority Act.
25        (i)  "Small business" or "small businesses"  means  those
26    commercial  and  manufacturing  entities which at the time of
27    their application to the authority meet  those  criteria,  as
28    interpreted   and   applied   by  the  State  authority,  for
29    definition as a "small business" established  for  the  Small
30    Business  Administration and set forth as Section 121.3-10 of
31    Part 121 of Title 13 of the Code of  Federal  Regulations  as
32    such  Section  is  in  effect  on  the effective date of this
33    amendatory Act of 1975.
34        (j)  "New coal-fired electric  utility  steam  generating
 
                            -136-    LRB093 08352 SJM 17243 a
 1    plants"  and  "new coal-fired industrial boilers" means those
 2    plants and boilers on which  construction  begins  after  the
 3    effective date of this amendatory Act of 1981.
 4        (k)  "Hazardous waste treatment facility" means any land,
 5    interest  in  land,  building,  structure,  facility, system,
 6    fixture, improvement, appurtenance, machinery, equipment,  or
 7    any  combination  thereof, and all real and personal property
 8    deemed necessary therewith, the primary purpose of  which  is
 9    to    recycle,   incinerate,   or   physically,   chemically,
10    biologically or  otherwise  treat  hazardous  wastes,  or  to
11    reduce  the  production  of  hazardous  wastes by changing or
12    replacing manufacturing equipment  or  processes,  and  which
13    meets  the  requirements  of the Environmental Protection Act
14    and all regulations adopted thereunder.
15    (Source: P.A. 88-670, eff. 12-2-94.)

16        (20 ILCS 3515/4) (from Ch. 127, par. 724)
17        Sec.  4.   Transfer  of  functions  from   the   Illinois
18    Development   Finance   Environmental   Facilities  Financing
19    Authority to the Illinois Development Finance Authority.  The
20    Illinois  Development  Finance  Authority  created   by   the
21    Illinois  Development Finance Authority Act shall succeed to,
22    assume  and  exercise  all   rights,   powers,   duties   and
23    responsibilities   formerly   exercised   by   the   Illinois
24    Development   Finance   Environmental   Facilities  Financing
25    Authority prior to the abolition of that  Authority  by  this
26    amendatory Act of the 93rd General Assembly 1983.  All books,
27    records,  papers,  documents  and pending business in any way
28    pertaining  to  the  former  Illinois   Development   Finance
29    Environmental  Facilities Financing Authority are transferred
30    to the Illinois Development Finance Authority, but any rights
31    or obligations of any person under any contract made  by,  or
32    under any rules, regulations, uniform standards, criteria and
33    guidelines  established  or  approved by such former Illinois
 
                            -137-    LRB093 08352 SJM 17243 a
 1    Environmental  Facilities  Financing   Authority   shall   be
 2    unaffected  thereby.   All bonds, notes or other evidences of
 3    indebtedness  outstanding  on  the  effective  date  of  this
 4    amendatory Act of the 93rd General  Assembly  1983  shall  be
 5    unaffected  by  the  transfer  of  functions  to the Illinois
 6    Development  Finance   Authority.    No   rule,   regulation,
 7    standard,  criteria  or guideline promulgated, established or
 8    approved  by  the   former   Illinois   Development   Finance
 9    Environmental  Facilities  Financing Authority pursuant to an
10    exercise of any right, power, duty or responsibility  assumed
11    by  and  transferred  to  the  Illinois  Development  Finance
12    Authority  shall  be  affected  by this amendatory Act of the
13    93rd General Assembly 1983, and all such rules,  regulations,
14    standards,  criteria and guidelines shall become those of the
15    Illinois  Development Finance Authority until  such  time  as
16    they  are  amended  or repealed by the Authority. Any action,
17    including without limitation, approvals of  applications  for
18    bonds  and resolutions constituting official action under the
19    Internal  Revenue  Code,  by   the   Illinois   Environmental
20    Facilities  Financing  Authority  prior  to the September 23,
21    1983  effective  date  of  Public  Act  83-669  shall  remain
22    effective to the same extent as if such action had been taken
23    by the Authority and shall be deemed to be  action  taken  by
24    the  Authority.  The  State authority is constituted a public
25    instrumentality and the exercise by the  State  authority  of
26    the  powers conferred by this Act shall be deemed and held to
27    be the performance of an essential public function.  Sections
28    7.42  through  7.48  of  The  Illinois  Development   Finance
29    Authority  Act  shall not apply to the provision of financing
30    for environmental facilities by the  Authority,  unless  such
31    financing is provided pursuant to such Sections of such Act.
32    (Source: P.A. 83-1362.)

33        (20 ILCS 3515/7) (from Ch. 127, par. 727)
 
                            -138-    LRB093 08352 SJM 17243 a
 1        Sec.  7.   Powers.   In  addition to the powers otherwise
 2    authorized by law, for the purposes of this  Act,  the  State
 3    authority  shall  have the following powers together with all
 4    powers incidental thereto or necessary  for  the  performance
 5    thereof:
 6        (1)  to  have  perpetual succession as a body politic and
 7    corporate;
 8        (2)  to adopt bylaws for the regulation  of  its  affairs
 9    and the conduct of its business;
10        (3)  to  sue  and  be  sued  and  to prosecute and defend
11    actions in the courts;
12        (4)  to have and to use a corporate seal and to alter the
13    same at pleasure;
14        (5)  to maintain an office at such place or places as  it
15    may designate;
16        (6)  to   determine   the   location,   pursuant  to  the
17    Environmental Protection Act, and the manner of  construction
18    of any environmental or hazardous waste treatment facility to
19    be  financed  under  this  Act  and  to  acquire,  construct,
20    reconstruct,  repair,  alter,  improve, extend, own, finance,
21    lease, sell and otherwise dispose of the facility,  to  enter
22    into contracts for any and all of such purposes, to designate
23    a person as its agent to determine the location and manner of
24    construction of an environmental or hazardous waste treatment
25    facility  undertaken  by  such person under the provisions of
26    this Act and as agent of the authority to acquire, construct,
27    reconstruct, repair, alter, improve, extend, own, lease, sell
28    and otherwise dispose of the  facility,  and  to  enter  into
29    contracts for any and all of such purposes;
30        (7)  to  finance  and to lease or sell to a person any or
31    all  of  the  environmental  or  hazardous  waste   treatment
32    facilities  upon  such  terms and conditions as the directing
33    body considers proper, and to  charge  and  collect  rent  or
34    other  payments  therefor  and to terminate any such lease or
 
                            -139-    LRB093 08352 SJM 17243 a
 1    sales agreement or financing agreement upon  the  failure  of
 2    the  lessee,  purchaser  or  debtor to comply with any of the
 3    obligations thereof; and to include  in  any  such  lease  or
 4    other  agreement,  if  desired,  provisions  that the lessee,
 5    purchaser or debtor thereunder shall have  options  to  renew
 6    the  term  of  the  lease,  sales or other agreement for such
 7    period or periods and at such rent or other consideration  as
 8    shall  be determined by the directing body or to purchase any
 9    or all of the  environmental  or  hazardous  waste  treatment
10    facilities  for  a  nominal amount or otherwise or that at or
11    prior to the payment of all of the indebtedness  incurred  by
12    the  authority  for  the  financing  of such environmental or
13    hazardous waste treatment facilities the authority may convey
14    any or all of the environmental or hazardous waste  treatment
15    facilities to the lessee or purchaser thereof with or without
16    consideration;
17        (8)  to  issue  bonds  for any of its corporate purposes,
18    including a bond issuance for  the  purpose  of  financing  a
19    group  of projects involving environmental facilities, and to
20    refund those bonds, all as  provided  for  in  this  Act  and
21    subject to Section 13 of this Act;
22        (9)  generally  to  fix  and revise from time to time and
23    charge and collect rates, rents, fees and charges for the use
24    of  and  services  furnished  or  to  be  furnished  by   any
25    environmental  or  hazardous  waste treatment facility or any
26    portion thereof and to contract  with  any  person,  firm  or
27    corporation  or  other  body  public  or  private  in respect
28    thereof;
29        (10)  to   employ   consulting   engineers,   architects,
30    attorneys, accountants, construction and  financial  experts,
31    superintendents, managers and such other employees and agents
32    as  may  be  necessary  in  its  judgment  and  to  fix their
33    compensation;
34        (11)  to receive and accept from any public agency  loans
 
                            -140-    LRB093 08352 SJM 17243 a
 1    or   grants  for  or  in  aid  of  the  construction  of  any
 2    environmental  facility  and  any  portion  thereof,  or  for
 3    equipping  the  facility,  and  to receive and accept grants,
 4    gifts or other contributions from any source;
 5        (12)  to refund outstanding obligations incurred  by  any
 6    person  to  finance the cost of an environmental or hazardous
 7    waste treatment facility including obligations  incurred  for
 8    environmental   or   hazardous   waste  treatment  facilities
 9    undertaken and completed prior to or after the  enactment  of
10    this  Act  when the authority finds that such financing is in
11    the public interest;
12        (13)  to  prohibit   the   financing   of   environmental
13    facilities  for  new  coal-fired  electric  steam  generating
14    plants and new coal-fired industrial boilers which do not use
15    Illinois coal as the primary source of fuel;
16        (14)  to  set  and impose appropriate financial penalties
17    on any person who receives financing from the State authority
18    based on a commitment to use Illinois  coal  as  the  primary
19    source  of  fuel  at  a new coal-fired electric utility steam
20    generating plant or  new  coal-fired  industrial  boiler  and
21    later uses non-Illinois coal as the primary source of fuel;
22        (15)  to fix, determine, charge and collect any premiums,
23    fees,   charges,   costs  and  expenses,  including,  without
24    limitation, any application fees,  program  fees,  commitment
25    fees,  financing  charges  or  publication fees in connection
26    with its activities under this Act; all expenses of the State
27    authority incurred in  carrying  out  this  Act  are  payable
28    solely  from  funds  provided under the authority of this Act
29    and no liability shall be incurred by  any  authority  beyond
30    the  extent to which moneys are provided under this Act.  All
31    fees and moneys accumulated by the Authority as  provided  in
32    this  Act  or  the Illinois Development Finance Authority Act
33    shall be held outside  of  the  State  treasury  and  in  the
34    custody of the Treasurer of the Authority; and
 
                            -141-    LRB093 08352 SJM 17243 a
 1        (16)  to  do all things necessary and convenient to carry
 2    out the purposes of this Act.
 3        The State authority may not operate any environmental  or
 4    hazardous  waste  treatment facility as a business except for
 5    the purpose of protecting or  maintaining  such  facility  as
 6    security  for bonds of the State authority.  No environmental
 7    or hazardous waste treatment facilities  completed  prior  to
 8    January  1, 1970 may be financed by the State authority under
 9    this  Act,  but    additions   and   improvements   to   such
10    environmental  or  hazardous waste treatment facilities which
11    are commenced subsequent to January 1, 1970 may  be  financed
12    by  the  State authority. Any lease, sales agreement or other
13    financing agreement in connection with  an  environmental  or
14    hazardous  waste  treatment facility entered into pursuant to
15    this Act must be for a term  not  shorter  than  the  longest
16    maturity of any bonds issued to finance such environmental or
17    hazardous  waste  treatment facility or a portion thereof and
18    must provide for rentals or other payments  adequate  to  pay
19    the  principal  of and interest and premiums, if any, on such
20    bonds as the same fall due and to create  and  maintain  such
21    reserves  and  accounts  for  depreciation,  if  any,  as the
22    directing body determines to be necessary.
23        The Authority shall give priority to providing  financing
24    for the establishment of hazardous waste treatment facilities
25    necessary  to  achieve  the  goals  of  Section  22.6  of the
26    Environmental Protection Act.
27        The Authority shall give special consideration  to  small
28    businesses  in  authorizing  the  issuance  of  bonds for the
29    financing of environmental facilities pursuant to  subsection
30    (c) of Section 2.
31        The  Authority  shall  make  a  financial  report  on all
32    projects financed under this Section to the General Assembly,
33    to the Governor, and to  the  Illinois  Economic  and  Fiscal
34    Commission  by  April  1 of each year. Such report shall be a
 
                            -142-    LRB093 08352 SJM 17243 a
 1    public record and open for inspection at the offices  of  the
 2    Authority  during  normal  business  hours.  The report shall
 3    include: (a) all applications for loans and  other  financial
 4    assistance  presented  to the members of the Authority during
 5    such fiscal year, (b) all projects and owners  thereof  which
 6    have  received  any  form  of  financial  assistance from the
 7    Authority during such year, (c) the nature and amount of  all
 8    such   assistance,   and  (d)  projected  activities  of  the
 9    Authority for the next fiscal year, including  projection  of
10    the  total  amount  of  loans  and other financial assistance
11    anticipated  and  the  amount  of  revenue  bonds  or   other
12    evidences  of  indebtedness that will be necessary to provide
13    the projected level of  assistance  during  the  next  fiscal
14    year.
15        The  requirement  for  reporting  to the General Assembly
16    shall be satisfied by filing copies of the  report  with  the
17    Speaker,  the  Minority  Leader and the Clerk of the House of
18    Representatives and the President, the  Minority  Leader  and
19    the  Secretary  of  the  Senate  and the Legislative Research
20    Unit, as required by Section 3.1 of "An Act to revise the law
21    in relation to the General Assembly", approved  February  25,
22    1874,  as amended, and filing such additional copies with the
23    State Government Report Distribution Center for  the  General
24    Assembly  as  is required under paragraph (t) of Section 7 of
25    the State Library Act.
26    (Source: P.A. 88-519.)

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

29        (30 ILCS 305/2) (from Ch. 17, par. 6602)
30        Sec.  2.  Notwithstanding the provisions of any other law
31    to the contrary, any public corporation may agree or contract
32    to pay interest on bonds or other evidences  of  indebtedness
 
                            -143-    LRB093 08352 SJM 17243 a
 1    and  tax  anticipation  warrants issued pursuant to law at an
 2    interest rate or rates not exceeding the greater  of  9%  per
 3    annum  or  125% of the rate for the most recent date shown in
 4    the 20 G.O. Bonds Index of average municipal bond  yields  as
 5    published  in  the  most  recent  edition  of The Bond Buyer,
 6    published in New York, New York (or any successor publication
 7    or index, or if  such  publication  or  index  is  no  longer
 8    published,  then  any index of long term municipal tax-exempt
 9    bond yields then selected by a governing body), at  the  time
10    the  contract  is  made  for  the  sale of the bonds or other
11    evidences of indebtedness or tax  anticipation  warrants.   A
12    contract  is  made  with  respect  to notes or bonds when the
13    public corporation is contractually obligated to issue notes,
14    bonds, or other evidences of indebtedness or tax anticipation
15    warrants to a purchaser who  is  contractually  obligated  to
16    purchase  them;  and,  with respect to bonds or notes bearing
17    interest at a  variable  rate  or  subject  to  payment  upon
18    periodic demand or put or otherwise subject to remarketing by
19    or  for  the  public  corporation, a contract is made on each
20    date of change in the variable rate or such  demand,  put  or
21    remarketing.   When  bonds or other evidences of indebtedness
22    or tax anticipation warrants are to be  issued  by  a  public
23    corporation  on a basis which is not tax-exempt under Section
24    103 of the Internal Revenue Code of 1986, as now or hereafter
25    amended, or successor code or provision,  then  the  interest
26    rate   or  rates  payable  thereon  shall  be  determined  by
27    substituting 13 1/2% for 9% and 200% for 125%  in  the  first
28    sentence of this Section.
29        These  amendatory  Acts  of 1971, 1972, 1973, 1975, 1979,
30    1982, 1983, 1987 and 1988 are not limits upon any  home  rule
31    unit.
32        This  Act is not a limit with respect to any bonds, notes
33    and other evidences of obligation for borrowed  money  issued
34    by any public corporation and purchased or otherwise acquired
 
                            -144-    LRB093 08352 SJM 17243 a
 1    by  the  Illinois  Development Finance Authority, pursuant to
 2    Sections  7.50  through  7.61  of  the  Illinois  Development
 3    Finance Authority  Act,  and  such  bonds,  notes  and  other
 4    evidences  of obligation for borrowed money may bear interest
 5    at any  rate  or  rates,  and  such  rate  or  rates  may  be
 6    established  by  an index or formula which may be implemented
 7    or established by persons  appointed  or  retained  therefor,
 8    notwithstanding any other provision of law to the contrary.
 9    (Source: P.A. 85-1440.)

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

12        (30 ILCS 435/10)
13        Sec. 10. Definitions.  For the purposes of this Act:
14        (a)  "Service provider" means any nongovernmental entity,
15    either for-profit  or  not-for-profit,  that  enters  into  a
16    contract  with  a State agency under which the entity is paid
17    or reimbursed by the State for providing  human  services  to
18    persons in Illinois.
19        (b)  "State  agency"  means the Department of Public Aid,
20    the Department of Public Health, the Department  of  Children
21    and  Family  Services,  the Department of Human Services, and
22    any other department  or  agency  of  State  government  that
23    enters  into contracts with service providers under which the
24    provider is paid or reimbursed by  the  State  for  providing
25    human services to persons in Illinois.
26        (c)  "Covered  bond  issue"  means revenue bonds (i) that
27    are issued by any agency of State or local government  within
28    this  State, including without limitation bonds issued by the
29    Illinois Development Finance Authority, (ii) that are  to  be
30    directly  or  indirectly  paid,  in  whole  or  in part, from
31    payments due to a service provider  under  a  human  services
32    contract  with  a  State  agency,  and (iii) for which a debt
 
                            -145-    LRB093 08352 SJM 17243 a
 1    service reserve or other reserve fund has  been  established,
 2    under  the  control  of  a  named  trustee,  that the service
 3    provider is required to replenish in the  event  that  moneys
 4    from  the reserve fund are used to make payments of principal
 5    or interest on the bonds.
 6    (Source: P.A. 88-117; 89-507, eff. 7-1-97.)

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

 9        (30 ILCS 750/1-3) (from Ch. 127, par. 2701-3)
10        Sec. 1-3.  The following agencies, boards and entities of
11    State  government  may expend appropriations for the purposes
12    contained in  this  Act:  Department  of  Natural  Resources;
13    Department   of  Agriculture;  Illinois  Development  Finance
14    Authority;   Capital   Development   Board;   Department   of
15    Transportation; Department of  Central  Management  Services;
16    Illinois   Arts  Council;  Environmental  Protection  Agency;
17    Historic  Preservation  Agency;   State   Board   of   Higher
18    Education;  the  Metropolitan  Pier and Exposition Authority;
19    State Board of Education; Illinois Community  College  Board;
20    Board  of  Trustees  of  the University of Illinois; Board of
21    Trustees of Chicago State University; Board  of  Trustees  of
22    Eastern  Illinois  University; Board of Trustees of Governors
23    State  University;  Board  of  Trustees  of  Illinois   State
24    University;   Board  of  Trustees  of  Northeastern  Illinois
25    University;  Board   of   Trustees   of   Northern   Illinois
26    University; Board of Trustees of Western Illinois University;
27    and Board of Trustees of Southern Illinois University.
28    (Source: P.A. 89-4, eff. 1-1-96; 89-445, eff. 2-7-96.)

29        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
30        Sec.  8-3.  Powers of the Department.  The Department has
31    the power to:
 
                            -146-    LRB093 08352 SJM 17243 a
 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   Rural   Bond   Bank,   Illinois  Farm  Development
 
                            -147-    LRB093 08352 SJM 17243 a
 1    Authority, Illinois Housing Development  Authority,  Illinois
 2    Environmental  Protection Agency, and other federal and State
 3    programs  and  entities  providing  financing  assistance  to
 4    communities  for  public   health,   safety,   and   economic
 5    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  890-11.  The Illinois Pension Code is amended by
15    changing Sections 14-103.04 and 14-104.11 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 Rural Bond Bank.
28    (Source: P.A. 90-511, eff. 8-22-97.)

29        (40 ILCS 5/14-104.11)
30        Sec. 14-104.11. Illinois Development  Finance  Authority.
31    An  employee  may  establish  creditable  service for periods
 
                            -148-    LRB093 08352 SJM 17243 a
 1    prior to the date upon which the Illinois Development Finance
 2    Authority first becomes a department (as defined  in  Section
 3    14-103.04)  during  which  he  or  she  was  employed  by the
 4    Illinois  Development  Finance  Authority  or  the   Illinois
 5    Industrial  Development Authority, by applying in writing and
 6    paying  to  the  System  an  amount  equal  to  (i)  employee
 7    contributions for  the  period  for  which  credit  is  being
 8    established,  based  upon the employee's compensation and the
 9    applicable contribution rate in effect on the date he or  she
10    last  became a member of the System, plus (ii) the employer's
11    normal cost of the credit established, plus (iii) interest on
12    the amounts in items (i) and (ii) at the  rate  of  2.5%  per
13    year,  compounded  annually, from the date the applicant last
14    became a member of the System to the date of payment.    This
15    payment  must  be paid in full before retirement, either in a
16    lump sum or in installment payments in  accordance  with  the
17    rules of the Board.
18    (Source: P.A. 90-511, eff. 8-22-97; 90-655, eff. 7-30-98.)

19        Section  890-12.  The Local Government Financial Planning
20    and Supervision Act is amended by changing Sections 4, 5, and
21    10 as follows:

22        (50 ILCS 320/4) (from Ch. 85, par. 7204)
23        Sec. 4.  Petition.
24        (a)  This subsection (a)  applies  through  December  31,
25    1992.  Any  unit  of  local government upon a 2/3 vote of the
26    members of its governing body may petition the  Governor  for
27    the  establishment  of  a  financial planning and supervision
28    commission if  the  governing  body  of  the  unit  of  local
29    government  determines that a fiscal emergency, as defined in
30    Section 3, exists or will exist within 60 days. A copy of the
31    petition shall be filed with the Illinois Development Finance
32    Authority requesting  the  assistance  of  the  Authority  in
 
                            -149-    LRB093 08352 SJM 17243 a
 1    conducting an analysis of the financial condition of the unit
 2    of local government.  A petition shall include the conditions
 3    of  fiscal  emergency,  a  list  of  all amounts and types of
 4    indebtedness or claims known to the unit of local government,
 5    and which creditors are subject to  the  stay  provisions  of
 6    Section 7 of this Act.
 7        (b)  This  subsection (b) applies on and after January 1,
 8    1993. Any unit of local government upon a  2/3  vote  of  the
 9    members  of  its governing body may petition the Governor for
10    the establishment of a  financial  planning  and  supervision
11    commission  if  the  governing  body  of  the  unit  of local
12    government determines that a fiscal emergency, as defined  in
13    Section  3,  exists or will exist within 60 days.  A petition
14    shall include the conditions of fiscal emergency and  a  list
15    of  all creditors of the unit of local government, which list
16    shall indicate the names, addresses,  amounts  and  types  of
17    indebtedness  or  claims of such creditors, and which of such
18    creditors are subject to the stay provisions of Section 7  of
19    this Act.
20    (Source: P.A. 86-1211; 87-853.)

21        (50 ILCS 320/5) (from Ch. 85, par. 7205)
22        Sec. 5.  Establishment of commission.
23        (a)  This  subsection  (a)  applies  through December 31,
24    1992.
25        (1)  Upon receipt of a petition for  establishment  of  a
26    financial  planning  and supervision commission, the Governor
27    may direct the establishment of  such  a  commission  if  the
28    Governor determines that a fiscal emergency exists.
29        (2)  Prior  to  making  such  determination, the Governor
30    shall give reasonable notice and opportunity for a hearing to
31    all creditors of the petitioning  unit  of  local  government
32    who  are  subject to the stay provisions of Section 7 of this
33    Act. The determination shall be entered not less than 60 days
 
                            -150-    LRB093 08352 SJM 17243 a
 1    after the filing of the petition.  A determination of  fiscal
 2    emergency  by  the  Governor  shall be a final administrative
 3    decision subject to  the  provisions  of  the  Administrative
 4    Review Law.  The court on such review may grant exceptions to
 5    the  stay  provisions  of  Section  7 of this Act as adequate
 6    protection of creditors' interests  or  equity  may  require.
 7    The  commission  shall convene within 30 days of the entry by
 8    the Governor of  his  or  her  determination  of  the  fiscal
 9    emergency.
10        (3)(A)  The Commission shall consist of 7 Directors.
11             (B)  One  Director  shall  be appointed by the chief
12        executive officer of the unit of local government.
13             (C)  One Director shall be appointed by the majority
14        vote  of  the  governing  body  of  the  unit  of   local
15        government.
16             (D)  Five   Directors  shall  be  appointed  by  the
17        Governor, with the advice and consent of the Senate.  The
18        Governor  shall  select  one of the Directors to serve as
19        Chairperson during the term of his  or  her  appointment.
20        Of  the  initial  Directors  so  appointed,  3  shall  be
21        appointed  to  serve  for terms expiring 3 years from the
22        date of their appointment, and 2 shall  be  appointed  to
23        serve  for  terms expiring 2 years from the date of their
24        appointment.  Thereafter, each Director appointed by  the
25        Governor  shall be appointed to hold office for a term of
26        3 years and until his or her successor has been appointed
27        as provided in Section 8-12-7 of the  Illinois  Municipal
28        Code.   Directors  shall  be  eligible for reappointment.
29        Any  vacancy  which  shall  arise  shall  be  filled   by
30        appointment  by the Governor, with the advice and consent
31        of the  Senate,  for  the  unexpired  term  and  until  a
32        successor  Director  has  been  appointed  as provided in
33        Section 8-12-7 of the Illinois Municipal Code. A  vacancy
34        shall  occur  upon  resignation,  death,  conviction of a
 
                            -151-    LRB093 08352 SJM 17243 a
 1        felony, or removal from office of a Director. A  Director
 2        may  be removed for incompetency, malfeasance, or neglect
 3        of duty at the instance of the Governor.  If  the  Senate
 4        is  not  in  session  or  is  in recess when appointments
 5        subject to its confirmation are made, the Governor  shall
 6        make  temporary  appointments  which  shall be subject to
 7        subsequent Senate approval.
 8        (b)  This subsection (b) applies on and after January  1,
 9    1993.
10        (1)  Upon  receipt  of  a petition for establishment of a
11    financial planning and supervision commission,  the  Governor
12    may  direct  the  establishment  of  such a commission if the
13    Governor determines that a fiscal emergency exists.
14        (2)  Prior to making  such  determination,  the  Governor
15    shall give reasonable notice and opportunity for a hearing to
16    all  creditors  of  the petitioning unit of local government.
17    The determination shall be entered  not  less  than  60  days
18    after  the filing of the petition.  A determination of fiscal
19    emergency by the Governor shall  be  a  final  administrative
20    decision  subject  to  the  provisions  of the Administrative
21    Review Law.  The court on such review may grant exceptions to
22    the stay provisions of Section 7  of  this  Act  as  adequate
23    protection  of  creditors'  interests  or equity may require.
24    The commission shall convene within 30 days of the  entry  by
25    the  Governor  of  his  or  her  determination  of the fiscal
26    emergency.
27        (3) A commission shall consist of 11 members:
28             (A)  Eight members as  follows:  the  Governor,  the
29        State  Comptroller, the Director of Revenue, the Director
30        of the Bureau of the Budget,  the  State  Treasurer,  the
31        Executive  Director  of  the Illinois Development Finance
32        Authority, the Director of the Department of Commerce and
33        Community  Affairs  and  the  presiding  officer  of  the
34        governing body of the unit of local government, or  their
 
                            -152-    LRB093 08352 SJM 17243 a
 1        respective designees.  A designee, when present, shall be
 2        counted in determining whether a quorum is present at any
 3        meeting of the commission and may vote and participate in
 4        all  proceedings  and  actions  of  the  commission.  The
 5        designations shall be in writing, executed by the  member
 6        making  the  designation, and filed with the secretary of
 7        the commission.  The designations  may  be  changed  from
 8        time  to  time  in  like  manner, but due regard shall be
 9        given to the need  for  continuity.  The  Governor  shall
10        appoint  a  chairman  of  the commission from among the 8
11        members described in this subparagraph (A).
12             (B)  Three  members  nominated  and   appointed   as
13        follows:  the  governing body and chief governing officer
14        of the unit of local government shall submit  in  writing
15        to  the  chairman  of  the commission the nomination of 5
16        persons agreed to by them and meeting the  qualifications
17        set  forth  in this Act.  Nominations shall accompany the
18        petition for establishment of the financial planning  and
19        supervision commission.  If the chairman is not satisfied
20        that  at  least  3 of the nominees are well qualified, he
21        shall notify the governing body  of  the  unit  of  local
22        government   to   submit   in  writing,  within  5  days,
23        additional nominees, not exceeding 3.  The chairman shall
24        appoint 3 members from all the nominees so submitted or a
25        lesser number that he considers well qualified.  Each  of
26        the  3  appointed  members  shall serve for a term of one
27        year, subject to removal by the chairman for misfeasance,
28        nonfeasance  or  malfeasance  in  office.      Upon   the
29        expiration  of the term of an appointed member, or in the
30        event of the death, resignation, incapacity  or  removal,
31        or  other  ineligibility to serve of an appointed member,
32        the chairman shall appoint a successor  pursuant  to  the
33        process of original appointment.
34             Each   of  the  3  appointed  members  shall  be  an
 
                            -153-    LRB093 08352 SJM 17243 a
 1        individual:
 2                  (i)  Who  has  knowledge  and   experience   in
 3             financial matters, financial management, or business
 4             organization  or operations, including experience in
 5             the private sector  in  management  of  business  or
 6             financial  enterprise,  or in management consulting,
 7             public accounting, or other  professional  activity;
 8             and
 9                  (ii) Who has not at any time during the 2 years
10             preceding  the  date of appointment held any elected
11             public office.
12             The governing body and chief  governing  officer  of
13        the  unit  of  local  government, to the extent possible,
14        shall  nominate  members  whose  residency,  office,   or
15        principal  place  of professional or business activity is
16        situated within the unit of local government.
17             An appointed member  of  the  commission  shall  not
18        become  a  candidate  for  elected  public  office  while
19        serving as a member of the commission.
20        (4)  Immediately  after  his appointment of the initial 3
21    appointed members of the commission, the chairman shall  call
22    the  first  meeting of the commission and shall cause written
23    notice of the time, date and place of the first meeting to be
24    given to each member of the commission at least 48  hours  in
25    advance of the meeting.
26        (5)  The  commission  members  shall  select one of their
27    number to serve as treasurer of the commission.
28    (Source: P.A. 86-1211; 87-853.)

29        (50 ILCS 320/10) (from Ch. 85, par. 7210)
30        Sec. 10.  State aid.
31        (a)  This subsection (a)  applies  through  December  31,
32    1992.
33             (1)  During  the period of time that a unit of local
 
                            -154-    LRB093 08352 SJM 17243 a
 1        government is covered by this Act, the State shall not be
 2        required to distribute to the unit  of  local  government
 3        any  monies  to  which the unit of local government might
 4        otherwise be  entitled  except  in  accordance  with  the
 5        direction of the commission.
 6             (2)  Any  State  assistance in the form of a loan or
 7        grant from appropriated funds shall  be  subject  to  the
 8        expenditure control of the commission.
 9             (3)  The   commission   may   request  the  Illinois
10        Development Finance Authority to issue bonds,  notes,  or
11        other  evidences  of  indebtedness, the proceeds of which
12        are to be used  to  make  loans  to  the  unit  of  local
13        government  for  purposes  of enabling that unit of local
14        government to restructure its current indebtedness and to
15        provide and pay for  its  essential  municipal  services.
16        Such   request  may  not  precede  the  adoption  of  the
17        financial plan required by Section  8  of  this  Act  and
18        shall  be  in  accordance  with the provisions of Section
19        7.88 of the Illinois Development Finance Authority Act.
20        (b)  This subsection (b) applies on and after January  1,
21    1993.   During  the  period  of  time  that  a  unit of local
22    government is covered by this Act, the  State  shall  not  be
23    required  to  distribute  to the unit of local government any
24    monies to which the unit of local government might  otherwise
25    be entitled.
26    (Source: P.A. 86-1211; 87-853.)

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

29        (55 ILCS 5/5-1050) (from Ch. 34, par. 5-1050)
30        Sec.  5-1050.  Acquisition  and  improvement  of land for
31    industrial or commercial purposes. For  the  public  purposes
32    set  forth in the Illinois Development Finance Authority Act,
 
                            -155-    LRB093 08352 SJM 17243 a
 1    a county board may (1) acquire, singly or jointly with  other
 2    counties  or  municipalities, by gift, purchase or otherwise,
 3    but not by condemnation,  land,  or  any  interest  in  land,
 4    whether  located  within  or  without its county limits, and,
 5    singly  or  jointly,  to  improve  or  to  arrange  for   the
 6    improvement   of  such  land  for  industrial  or  commercial
 7    purposes and to donate and convey such land, or  interest  in
 8    land, so acquired and so improved to the Illinois Development
 9    Finance  Authority;  and  (2)  donate  county  funds  to such
10    Authority.
11    (Source: P.A. 86-962.)

12        Section 890-14.  The Township Code is amended by changing
13    Section 85-10 as follows:

14        (60 ILCS 1/85-10)
15        Sec. 85-10.  Township corporate powers.
16        (a)  Every  township  has  the  corporate   capacity   to
17    exercise  the  powers  granted to it, or necessarily implied,
18    and no others. Every township has  the  powers  specified  in
19    this Section.
20        (b)  A township may sue and be sued.
21        (c)  A  township  may  acquire  (by  purchase,  gift,  or
22    legacy)  and  hold  property, both real and personal, for the
23    use of its inhabitants and may sell and convey that property.
24    A township may purchase any real estate or personal  property
25    for  public purposes under contracts providing for payment in
26    installments over a period of time of not more than 20  years
27    in  the case of real estate and not more than 10 years in the
28    case  of  personal  property.  A  township  may  finance  the
29    purchase of any real estate or personal property  for  public
30    purpose  under  finance  contracts  providing  for payment in
31    installments over a period of time of not more than 20  years
32    in  the case of real estate and not more than 10 years in the
 
                            -156-    LRB093 08352 SJM 17243 a
 1    case  of  personal  property.  A  township  may  construct  a
 2    township hall under contracts providing for  payment  over  a
 3    period  of time of not more than 5 years. The interest on the
 4    unpaid balance shall not exceed that permitted  in  the  Bond
 5    Authorization Act.
 6        (d)  A  township  may make all contracts necessary in the
 7    exercise of the township's powers.
 8        (e)  A  township  may  expend   or   contract   for   the
 9    expenditure  of  any  federal  funds  made  available  to the
10    township by law for any purpose for which taxes imposed  upon
11    township  property  or  property  within  the township may be
12    expended.
13        (f)  A township may acquire (singly  or  jointly  with  a
14    municipality  or municipalities) land or any interest in land
15    located within its township limits.  The township may acquire
16    the land or interest by gift, purchase, or otherwise, but not
17    by condemnation.  A township may (singly or jointly)  improve
18    or arrange for the improvement of the land for industrial  or
19    commercial  purposes  and  may  donate and convey the land or
20    interest in land so acquired and so improved to the  Illinois
21    Development Finance Authority.
22        (g)  (Blank)
23        (h)  It  is  the  policy  of  this  State that all powers
24    granted either expressly or by necessary implication by  this
25    Code,   any   other   Illinois   statute,   or  the  Illinois
26    Constitution to townships may be exercised by those townships
27    notwithstanding effects on competition. It is  the  intention
28    of  the General Assembly that the "State action exemption" to
29    the  application  of  federal  antitrust  statutes  be  fully
30    available to townships to the  extent  their  activities  are
31    authorized by law as stated in this Code.
32        (i)  A  township  may  receive  funds  under  the federal
33    Housing and Community Development Act of 1974 and may  expend
34    or  contract  for  the  expenditure  of those funds and other
 
                            -157-    LRB093 08352 SJM 17243 a
 1    township funds for the activities specified in Section 105 of
 2    that Act.  The powers granted under this subsection  (i)  are
 3    in  addition  to powers otherwise possessed by a township and
 4    shall not be construed as a limitation of those other powers.
 5        (j)  A  township  may  establish  reasonable   fees   for
 6    recreation   and  instructional  programs  sponsored  by  the
 7    township.
 8    (Source: P.A. 88-62; incorporates 88-356 and 88-360;  88-670,
 9    eff. 12-2-94; 89-331, eff. 8-17-95.)

10        Section  890-15.   The Illinois Municipal Code is amended
11    by  changing  Sections  8-12-2,  8-12-3,   8-12-6,   8-12-19,
12    8-12-21,  8-12-22, 11-74.1-1, 11-113.1-1, 11-119-2, 11-129-3,
13    11-139-7, and 11-141-5 as follows:

14        (65 ILCS 5/8-12-2) (from Ch. 24, par. 8-12-2)
15        Sec. 8-12-2. (a) Pursuant to the authority of the General
16    Assembly  to  provide  for  the  public  health,  safety  and
17    welfare, the General Assembly hereby finds and declares  that
18    it  is the public policy and a public purpose of the State to
19    offer assistance to a financially distressed city so that  it
20    may  provide  for  the  health,  safety  and  welfare  of its
21    citizens, pay when due principal and  interest  on  its  debt
22    obligations,  meet  financial  obligations  to its employees,
23    vendors and  suppliers,  and  provide  for  proper  financial
24    accounting   procedures,  budgeting  and taxing practices, as
25    well as strengthen the human and economic development of  the
26    city.
27        (b)  It  is  the  purpose  of  this Division to provide a
28    secure financial basis  for  the  continued  operation  of  a
29    financially  distressed  city.   The intention of the General
30    Assembly, in enacting this legislation is to establish sound,
31    efficient and generally accepted  accounting,  budgeting  and
32    taxing    procedures   and  practices  within  a  financially
 
                            -158-    LRB093 08352 SJM 17243 a
 1    distressed city, to provide powers to  a  financial  advisory
 2    authority  established for a financially distressed city, and
 3    to impose restrictions upon a financially distressed city  in
 4    order to assist that city in assuring its financial integrity
 5    while  leaving  municipal  services  policies  to  the  city,
 6    consistent  with  the  requirements for satisfying the public
 7    policy and purposes herein set forth.
 8        (c)  It also is the purpose of this Division to authorize
 9    a  city  which  has  been  certified  and  designated  as   a
10    financially  distressed city under the procedure set forth in
11    Section 8-12-4, and which has by ordinance requested  that  a
12    financial  advisory  authority  be appointed for the city and
13    that  the  city  receive  assistance  as  provided  in   this
14    Division,  and  which  has  filed  certified  copies  of that
15    ordinance in the manner provided by Section 8-12-4, to  enter
16    into  such  agreements as are necessary to receive assistance
17    as provided in this Division and in applicable provisions  of
18    the Illinois Development Finance Authority Act.
19    (Source: P.A. 86-1211.)

20        (65 ILCS 5/8-12-3) (from Ch. 24, par. 8-12-3)
21        Sec. 8-12-3. As used in this Division:
22        (1)  "Authority"   means   the   "(Name   of  Financially
23    Distressed City) Financial Advisory Authority".
24        (2)  "Financially distressed city" means any municipality
25    which is a home rule unit and which (i) is certified  by  the
26    Department  of Revenue as being in the highest 5% of all home
27    rule municipalities in terms of the aggregate of the rate per
28    cent of all taxes levied pursuant  to  statute  or  ordinance
29    upon all taxable property of the municipality and as being in
30    the lowest 5% of all home rule municipalities in terms of per
31    capita  tax yield, and (ii) is designated by joint resolution
32    of the General Assembly as a financially distressed city.
33        (3)  "Home rule municipality" means a municipality  which
 
                            -159-    LRB093 08352 SJM 17243 a
 1    is  a  home rule unit as provided in Section 6 of Article VII
 2    of the Illinois Constitution.
 3        (4)  "Budget" means an annual appropriation ordinance  or
 4    annual  budget    as described in Division 2 of Article 8, as
 5    from time to time in effect  in  the  financially  distressed
 6    city.
 7        (5)  "Chairperson" means the chairperson of the Authority
 8    appointed pursuant to Section 8-12-7.
 9        (6)  "Financial  Plan"  means  the financially distressed
10    city's  financial  plan  as  developed  pursuant  to  Section
11    8-12-15, as from time to time in effect.
12        (7)  "Fiscal  year"  means  the  fiscal   year   of   the
13    financially distressed city.
14        (8)  "Obligations"  means  bonds, notes or other evidence
15    of indebtedness issued by the  Illinois  Development  Finance
16    Authority  in  connection with the provision of financial aid
17    to a financially distressed city pursuant  to  this  Division
18    and applicable provisions of the Illinois Development Finance
19    Authority Act.
20    (Source: P.A. 86-1211.)

21        (65 ILCS 5/8-12-6) (from Ch. 24, par. 8-12-6)
22        Sec. 8-12-6. Purposes and powers.
23        (a)  The  purposes of the Authority shall be to provide a
24    secure financial basis for and to  furnish  assistance  to  a
25    financially   distressed  city  to  which  this  Division  is
26    applicable as provided in Section 8-12-4, and to request  the
27    Illinois   Development   Finance   Authority   to  issue  its
28    Obligations on behalf of and thereby provide financial aid to
29    the city in accordance  with  applicable  provisions  of  the
30    Illinois  Development Finance Authority Act, so that the city
31    can   provide   basic   municipal   services    within    its
32    jurisdictional  limits,  while permitting the distressed city
33    to meet its obligations to its creditors and the  holders  of
 
                            -160-    LRB093 08352 SJM 17243 a
 1    its notes and bonds.
 2        (b)  Except  as  expressly  limited by this Division, the
 3    Authority  shall  have  all  powers  necessary  to  meet  its
 4    responsibilities and  to  carry  out  its  purposes  and  the
 5    purposes of this Division, including, but not limited to, the
 6    following powers:
 7             (1)  To  provide  for  its organization and internal
 8        management, and to make rules and  regulations  governing
 9        the use of its property and facilities.
10             (2)  To   make   and   execute   contracts,  leases,
11        subleases  and  all  other  instruments   or   agreements
12        necessary  or  convenient  for the exercise of the powers
13        and functions granted by this Division.
14             (3)  To  approve  all  loans,   grants,   or   other
15        financial aid from any State agency.
16             (4)  To  appoint  officers, agents, and employees of
17        the Authority, define their duties and qualifications and
18        fix their compensation and employee benefits.
19             (5)  To  engage  the  services  of  consultants  for
20        rendering  professional  and  technical  assistance   and
21        advice on matters within the Authority's power.
22             (6)  To pay the expenses of its operations.
23             (7)  To  determine, in its discretion but consistent
24        with the requirements of this  Division,  the  terms  and
25        conditions  of  any  loans it may make to the financially
26        distressed city.
27        (c)  Any loan repayments received by the  Authority  from
28    the  distressed city may be deposited by the Authority into a
29    revolving fund under the control of the Authority.  Money  in
30    the  revolving  fund  may be used by the Authority to support
31    activities leading  to  a  restructuring  of  the  distressed
32    city's  debt  and may be pledged by the Authority as security
33    for any new debt incurred by the  distressed  city  with  the
34    approval of the Authority.
 
                            -161-    LRB093 08352 SJM 17243 a
 1        (d)  From any funds appropriated to the Authority for the
 2    purpose  of making a loan to a distressed city, the Authority
 3    may expend not more than $250,000 for  the  expenses  of  its
 4    operations  in  the fiscal year in which the appropriation is
 5    made.
 6    (Source: P.A. 88-664, eff. 9-16-94.)

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

32        (65 ILCS 5/8-12-21) (from Ch. 24, par. 8-12-21)
 
                            -162-    LRB093 08352 SJM 17243 a
 1        Sec. 8-12-21.  The Authority in its sole  discretion  may
 2    intercept  any  payments  that  the city from time to time is
 3    entitled to receive from any funds then or thereafter held by
 4    the State Treasurer to the credit of the city or otherwise in
 5    the custody of the State Treasurer to the credit of the city,
 6    whether in  or  outside  of  the  State  Treasury,  upon  the
 7    occurrence of any of the following:
 8             (1)  The   financially   distressed  city's  initial
 9        Financial  Plan  and  revised  Budget  required   to   be
10        submitted  to the Authority with respect to the remaining
11        portion of what is the city's current fiscal year at  the
12        time  this  Division first becomes applicable to the city
13        as provided in Section 8-12-4 are  not  approved  by  the
14        Authority  within  60  days  of their submission, and the
15        Authority has theretofore given written warning notice to
16        the corporate authorities of the city, on  the  45th  day
17        after such initial Financial Plan and revised Budget were
18        submitted,  that  the  same have not yet been approved by
19        the Authority; or
20             (2)  Any Financial Plan or Budget for any subsequent
21        fiscal year is not  approved  by  the  Authority  by  the
22        commencement  of  the fiscal year to which such Financial
23        Plan or Budget relates, and the Authority has theretofore
24        given written warning notice to the corporate authorities
25        of the city, on the 15th day prior to the commencement of
26        that fiscal year, that the Financial Plan or  Budget  for
27        such  fiscal  year  has  not  yet  been  approved  by the
28        Authority; or
29             (3)  The  financially  distressed  city   materially
30        violates   the  provisions  of  this  Division,  and  the
31        Authority -- at least 15 days  prior  to  initiating  any
32        action to intercept any payments pursuant to this Section
33        --  has  given  the  corporate  authorities  of  the city
34        written notice of  the  material  violation  and  of  the
 
                            -163-    LRB093 08352 SJM 17243 a
 1        Authority's  intention  to intercept payments pursuant to
 2        this Section upon the expiration of that  15  day  notice
 3        period  unless  the  city  satisfies the Authority within
 4        that 15 day period that the material violation  cited  by
 5        the  Authority  has  been  corrected;  provided  that the
 6        Authority shall not be required to give any notice to the
 7        city or its corporate  authorities  prior  to  initiating
 8        action  to intercept payments pursuant to this Section if
 9        such payments are to be intercepted because of the city's
10        failure to pay when due all amounts then  due  and  owing
11        and required to be paid by the city on Obligations issued
12        by   the   Illinois   Development  Finance  Authority  in
13        connection with the provision of  financial  aid  to  the
14        city  pursuant to this Division and applicable provisions
15        of the Illinois Development Finance Authority Act.
16        The intercept shall be made pursuant  to  written  notice
17    given  by  the  Authority  to the State Comptroller and State
18    Treasurer, setting forth the amount of the  intercept,  which
19    may  be an aggregate amount not exceeding the sum of the full
20    amount of  any  outstanding  State  loans  provided  for  the
21    benefit  of  the  city pursuant to this Division or any other
22    law of this State, plus the full amount  of  all  outstanding
23    Obligations   issued  by  the  Illinois  Development  Finance
24    Authority on the  financially  distressed  city's  behalf  in
25    accordance   with   applicable  provisions  of  the  Illinois
26    Development Finance Authority Act.  The State Comptroller and
27    State Treasurer shall pay to the Authority, from  such  funds
28    as  from  time  to  time  are legally available therefor, the
29    aggregate amount  of  the  intercept,  unless  the  Authority
30    sooner  notifies the State Comptroller and State Treasurer in
31    writing that no further payments that the city is entitled to
32    receive shall be intercepted under  the  provisions  of  this
33    Section.
34    (Source: P.A. 86-1211.)
 
                            -164-    LRB093 08352 SJM 17243 a
 1        (65 ILCS 5/8-12-22) (from Ch. 24, par. 8-12-22)
 2        Sec.  8-12-22.   (a) After the Authority has certified to
 3    the  Governor  that  the  financially  distressed  city   has
 4    completed 10 successive years of balanced budgets:
 5             (1)  The  powers  and  responsibilities  granted  or
 6        imposed upon the Authority and the financially distressed
 7        city  under  Section 8-12-13 and Sections 8-12-15 through
 8        8-12-21 shall  not  be  exercised,  except  as  otherwise
 9        provided under subsection (b) of this Section.
10             (2)  The   provisions   of   Section  8-12-14  shall
11        continue in  full  force  and  effect.   The  financially
12        distressed  city  shall  file with the Authority and with
13        the Illinois Development  Finance  Authority,  not  later
14        than  15  days  prior  to  the  commencement of the first
15        fiscal  year  with  respect  to  which  the  powers   and
16        responsibilities granted or imposed under Section 8-12-13
17        and  Sections  8-12-15  through  8-12-21  are  not  to be
18        exercised, and not  later  than  15  days  prior  to  the
19        commencement  of  each fiscal year thereafter, a balanced
20        Budget as adopted by the financially distressed city  for
21        such fiscal year.  In addition, for each fiscal year with
22        respect  to which the powers and responsibilities granted
23        or imposed under Section  8-12-13  and  Sections  8-12-15
24        through  8-12-21 are not to be exercised, the financially
25        distressed city shall file with the  Authority  and  with
26        the  Illinois  Development  Finance Authority a certified
27        copy of the same audit  report  and  supplemental  report
28        which  are  required to be made and filed for such fiscal
29        year by the city under the  Illinois  Municipal  Auditing
30        Law,  the  filing  with  the  Authority  and the Illinois
31        Development Finance Authority to be made within the  time
32        provided   for  the  filing  of  such  audit  report  and
33        supplemental report  with  the  State  Comptroller  under
34        Section 8-8-4.
 
                            -165-    LRB093 08352 SJM 17243 a
 1        (b)  The  Authority  and the Illinois Development Finance
 2    Authority  shall  review  each  Budget,  audit   report   and
 3    supplemental  report filed with them as provided in paragraph
 4    (2)  of  subsection  (a).   In  the  event  the   financially
 5    distressed city fails to file any Budget or certified copy of
 6    an  audit  report  or  supplemental  report  as  provided  in
 7    paragraph (2) of subsection (a), or in the event the Illinois
 8    Development  Finance  Authority,  after consultation with the
 9    Authority,  determines  that  the  Budget  adopted   by   the
10    financially   distressed   city  and  filed  as  provided  in
11    paragraph (2) of subsection (a) is not balanced  as  required
12    under  Section  8-12-14,  the  Illinois  Development  Finance
13    Authority  shall  certify such failure to file, or failure to
14    adopt  a  Budget  which  is  balanced  as  required,  to  the
15    Governor;  and  concurrent  with  that   certification,   the
16    Authority   established   under   Section   8-12-5   and  the
17    financially distressed city shall  resume  the  exercise  and
18    performance  of  their respective powers and responsibilities
19    pursuant to each Section of this Division.
20        (c)  When  the  Illinois  Development  Finance  Authority
21    determines that all of its Obligations have been  fully  paid
22    and  discharged  or  otherwise provided for, it shall certify
23    that fact to the  Governor;  and  the  Authority  established
24    under  Section  8-12-5  shall  be abolished 30 days after the
25    date of that certification.  Upon abolition of the  Authority
26    as  provided  in this subsection, this Division shall have no
27    further force or effect upon the financially distressed city.
28    (Source: P.A. 86-1211.)

29        (65 ILCS 5/11-74.1-1) (from Ch. 24, par. 11-74.1-1)
30        Sec. 11-74.1-1. For the public purposes set forth in  the
31    Illinois  Development  Finance  Authority  Act, the corporate
32    authorities of each municipality may (1) acquire,  singly  or
33    jointly  with  other  municipalities  or  counties,  by gift,
 
                            -166-    LRB093 08352 SJM 17243 a
 1    purchase or otherwise, but not  by  condemnation,  except  in
 2    furtherance  of  Sections  7.40  through 7.48 of the Illinois
 3    Development Finance Authority Act, land, or any  interest  in
 4    land, whether located within or without its corporate limits,
 5    and,  singly  or  jointly,  may  improve  or  arrange for the
 6    improvement  of  such  land  for  industrial  or   commercial
 7    purposes  and may donate and convey such land, or interest in
 8    land,  so  acquired  and  so  improved,   to   the   Illinois
 9    Development Finance Authority; and (2) donate corporate funds
10    to such Authority.
11    (Source: P.A. 83-669.)

12        (65 ILCS 5/11-113.1-1) (from Ch. 24, par. 11-113.1-1)
13        Sec. 11-113.1-1.  A non-home rule municipality located at
14    least  partly  in  a  county  which is preparing a stormwater
15    management plan in accordance  with  Section  5-1062  of  the
16    Counties  Code   may  levy  a  tax  upon all taxable property
17    within its corporate limits, at a rate not to exceed 0.06% if
18    the municipality owns and  operates  a  wastewater  treatment
19    plant,  and  at a rate not to exceed 0.03% if it does not, of
20    the value, as equalized or  assessed  by  the  Department  of
21    Revenue, of all taxable property within the municipality, for
22    the  purposes of implementing the stormwater management plan,
23    improving  storm  sewer  and   combined   sewer   facilities,
24    protecting  sanitary sewage treatment works from the 100-year
25    frequency  flood,  and   acquiring   lands,   buildings   and
26    properties  in  the 100-year floodplain, paying the principal
27    of and interest on any bonds issued pursuant to this  Section
28    for  any  of the foregoing purposes, and paying the principal
29    of, premium, if any, and interest on, and any  fees  relating
30    to,  any  loan  made  to  such  municipality  by the Illinois
31    Development Finance Authority, pursuant to subsection (t)  of
32    Section  7  of the Illinois Development Finance Authority Act
33    for any of the foregoing purposes, or any bond, note or other
 
                            -167-    LRB093 08352 SJM 17243 a
 1    evidence of  indebtedness  of  such  municipality  issued  in
 2    connection  with any such loan. Such tax shall be in addition
 3    to all other  taxes  authorized  by  law  to  be  levied  and
 4    collected  in  such  municipality and shall be in addition to
 5    the maximum tax rate authorized by law for general  municipal
 6    purposes.   The  limitations  on  tax  rate  provided in this
 7    Section may  be  increased  or  decreased  by  referendum  in
 8    accordance  with  the  provisions of Sections 18-120, 18-125,
 9    and 18-130 of the Property Tax Code.
10        However, unless the  municipality  is  located  at  least
11    partly   in  a  township  declared  after  July  1,  1986  by
12    presidential declaration to be a disaster area as a result of
13    flooding, the tax authorized by this  Section  shall  not  be
14    levied  until  the  question  of  its  adoption, either for a
15    specified period or indefinitely, has been submitted  to  the
16    electors  thereof  and approved by a majority of those voting
17    on the question.  This  question  may  be  submitted  at  any
18    election  held  in  the  municipality after the adoption of a
19    resolution  by  the  governing  body  of   the   municipality
20    providing  for the submission of the question to the electors
21    of the municipality.  The governing body of the  municipality
22    shall  certify  the  resolution and proposition to the proper
23    election officials, who shall submit the  proposition  at  an
24    election  in  accordance with the general election law.  If a
25    majority of the votes cast on the question is in favor of the
26    levy of such  tax,  it  may  thereafter  be  levied  in  such
27    municipality  for  the  specified  period or indefinitely, as
28    provided in the proposition. The question  shall  be  put  in
29    substantially the following form:
30    -------------------------------------------------------------
31        Shall an annual tax be levied
32    for stormwater management purposes            YES
33    (for a period of not more than
34    ...... years) at a rate not exceeding      ------------------
 
                            -168-    LRB093 08352 SJM 17243 a
 1    .....% of the equalized assessed
 2    value of the taxable property of              NO
 3    (municipality)?
 4    -------------------------------------------------------------
 5        Any  municipality  in  a  county  which has established a
 6    stormwater management planning committee in  accordance  with
 7    Section  5-1062 of the Counties Code  is hereby authorized to
 8    borrow money and to issue  its  bonds  for  the  purposes  of
 9    implementing  the stormwater management plan, improving storm
10    sewer and  combined  sewer  facilities,  protecting  sanitary
11    sewage treatment works from the 100-year frequency flood, and
12    acquiring  lands,  buildings  and  properties in the 100-year
13    floodplain.
14        Any municipality in a  county  which  has  established  a
15    stormwater  management  planning committee in accordance with
16    Section 5-1062  of  the  Counties  Code   is  hereby  further
17    authorized  to  borrow  money  from  the Illinois Development
18    Finance Authority for the purpose of financing the protection
19    of storm sewer outfalls, the construction of  adequate  storm
20    sewer  outfalls  and  the  provision  for flood protection of
21    sanitary sewage treatment plants, pursuant to subsection  (t)
22    of  Section  7  of the Illinois Development Finance Authority
23    Act, and is hereby authorized to enter into  loan  agreements
24    and  other  documents  with  the Illinois Development Finance
25    Authority and to issue its bonds, notes or other evidences of
26    indebtedness to evidence  its obligation to repay  such  loan
27    to  the  Illinois Development Finance Authority.  Without the
28    submission of the question to the  electors,  notwithstanding
29    any other provision of law to the contrary, such municipality
30    is  hereby  authorized  to  execute  such loan agreements and
31    other documents and to  issue  such  bonds,  notes  or  other
32    evidences  of indebtedness, which loan agreements, documents,
33    bonds, notes or other evidences of indebtedness may bear such
34    date or dates, may bear  interest  at  such  rate  or  rates,
 
                            -169-    LRB093 08352 SJM 17243 a
 1    payable  at  such  time  or  times, may mature at any time or
 2    times not later than 40 years from the date of issuance,  may
 3    be  payable  at such place or places, may be payable from any
 4    funds of such municipality on  hand  and  lawfully  available
 5    therefor,  including  without  limitation  the  taxes  levied
 6    pursuant  to this Section or from any other taxes or revenues
 7    of  such  municipality  pledged  to  their  payment,  may  be
 8    negotiated at such price or prices, may be executed  in  such
 9    manner,  may  be subject to redemption prior to maturity, may
10    be in such form, may be secured, and may be subject  to  such
11    other  terms  and  conditions,  all  as  may be provided in a
12    resolution or ordinance authorizing the execution of any such
13    loan agreement or other document  or  the  issuance  of  such
14    bonds, notes or other evidences of indebtedness.
15    (Source: P.A. 88-670, eff. 12-2-94.)

16        (65 ILCS 5/11-119-2) (from Ch. 24, par. 11-119-2)
17        Sec.  11-119-2.  The corporate authorities of any city or
18    village availing itself of the provisions  of  this  Division
19    119  shall adopt an ordinance describing in a general way the
20    improvements or extensions  to  be  made.  It  shall  not  be
21    necessary   that   the   ordinance   refer   to   plans   and
22    specifications   nor   that  there  be  on  file  for  public
23    inspection prior to the adoption of such  ordinance  detailed
24    plans  and specifications of the project. The ordinance shall
25    set out the estimated cost of the improvements or  extensions
26    and  shall fix the amount of bonds proposed to be issued, the
27    maturity, interest rate, and all details in respect  thereof.
28    Such  ordinance,  at  the  option  of  the  municipality, may
29    contain provisions which shall be part of the  contract  with
30    the  holders  of the bonds as to: (1) The registration of the
31    bonds as to principal only,  or  as  to  both  principal  and
32    interest,  and  the interchangeability and exchangeability of
33    the bonds. (2) The redemption of the bonds prior to  maturity
 
                            -170-    LRB093 08352 SJM 17243 a
 1    and  the  price, either at par or at a premium, at which they
 2    are redeemable. (3) The setting aside of reserves or  sinking
 3    funds,   and  the  regulation  or  disposition  thereof.  (4)
 4    Limitations upon the issuance  of  additional  bonds  payable
 5    from  the  revenues  of the system, or upon the rights of the
 6    holders of these additional bonds. (5) Other agreements  with
 7    the  holders  of  the  bonds,  or  covenants  or restrictions
 8    necessary or desirable to safeguard the  interests  of  these
 9    holders. After the ordinance has been adopted and approved it
10    shall be published once in a newspaper published and having a
11    general  circulation  in  the municipality, or if there is no
12    such newspaper, copies of the ordinance shall be posted in at
13    least 4 public places within the municipality. The  ordinance
14    shall  be  in effect after the expiration of 10 days from the
15    date of this publication.
16        Bonds issued under this Division  119  shall  be  payable
17    solely from the revenue derived from the electric light plant
18    and  system, or the gas plant and system, as the case may be,
19    and  these  bonds  shall  not  in  any  event  constitute  an
20    indebtedness of the municipality within the  meaning  of  any
21    constitutional  or statutory limitation; provided, that bonds
22    issued under this Division 119 may also be payable from funds
23    pledged by the municipality issuing such  bonds  pursuant  to
24    Section  7.59  of  the Illinois Development Finance Authority
25    Act, and, notwithstanding such pledge of  such  funds,  shall
26    not   in   any   event  constitute  an  indebtedness  of  the
27    municipality within the  meaning  of  any  constitutional  or
28    statutory  limitation. It shall be plainly stated on the face
29    of each bond that it has been issued under the provisions  of
30    this  Division  119  and  that  it  does  not  constitute  an
31    indebtedness of the municipality within any constitutional or
32    statutory limitation.
33    (Source: P.A. 85-659.)
 
                            -171-    LRB093 08352 SJM 17243 a
 1        (65 ILCS 5/11-129-3) (from Ch. 24, par. 11-129-3)
 2        Sec.   11-129-3.   The   corporate   authorities  of  any
 3    municipality  availing  itself  of  the  provisions  of  this
 4    Division 129 shall adopt an ordinance describing in a general
 5    way the contemplated project. If it is intended  to  purchase
 6    an  existing waterworks or water supply system, the ordinance
 7    shall describe in a general way the system to  be  purchased.
 8    If  it  is  intended  to  build  a waterworks or water supply
 9    system or to improve or extend a waterworks or  water  supply
10    system  owned and operated by the municipality, the ordinance
11    shall describe in a  general  way  the  waterworks  or  water
12    supply  system  to  be  constructed  or  the  improvements or
13    extensions to be made. It shall not  be  necessary  that  the
14    ordinance refer to plans and specifications nor that there be
15    on  file  for public inspection prior to the adoption of such
16    ordinance detailed plans and specifications of  the  project.
17    The  ordinance  shall  set  out  the  estimated  cost  of the
18    project, determine its period  of  usefulness,  and  fix  the
19    amount  and  maturities of water revenue bonds proposed to be
20    issued,  the  interest  rate,  and  all  details  in  respect
21    thereof.  The  ordinance  may  contain  such  covenants   and
22    restrictions  upon  the  issuance of additional revenue bonds
23    thereafter as may be deemed necessary or  advisable  for  the
24    assurance  of  payment of the bonds thereby authorized and as
25    may be thereafter issued.
26        Revenue bonds issued under this  Division  129  shall  be
27    payable solely from the revenue derived from the operation of
28    the waterworks or water supply system on account of which the
29    bonds  are  issued;  provided,  that  bonds issued under this
30    Division 129 may also be payable from funds  pledged  by  the
31    municipality  issuing  such bonds pursuant to Section 7.59 of
32    the   Illinois    Development    Finance    Authority    Act.
33    Notwithstanding  any  such  pledge or any other matter, these
34    bonds shall not in any event constitute  an  indebtedness  of
 
                            -172-    LRB093 08352 SJM 17243 a
 1    the  municipality within the meaning of any constitutional or
 2    statutory limitation and it shall be so stated on the face of
 3    each bond.
 4    (Source: P.A. 85-659.)

 5        (65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
 6        Sec. 11-139-7. Revenue bonds issued under  this  Division
 7    139 shall be payable solely from the revenue derived from the
 8    operation  of  the combined waterworks and sewerage system on
 9    account of which the bonds are issued; provided,  that  bonds
10    issued under this Division 139 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 indebtedness
15    of the municipality within the meaning of any  constitutional
16    or statutory limitation and it shall be so stated on the face
17    of each bond.
18    (Source: P.A. 85-659.)

19        (65 ILCS 5/11-141-5) (from Ch. 24, par. 11-141-5)
20        Sec.  11-141-5.  All bonds issued under this Division 141
21    are  payable  solely  from  the  revenue  derived  from   the
22    operation of the sewerage system; provided, that bonds issued
23    under  this  Division  141  may  also  be  payable from funds
24    pledged by the municipality issuing such  bonds  pursuant  to
25    Section  7.59  of  the Illinois Development Finance Authority
26    Act. Notwithstanding any such pledge  or  any  other  matter,
27    these   bonds   shall   not,  in  any  event,  constitute  an
28    indebtedness of the municipality within the  meaning  of  any
29    constitutional  or  statutory limitation. It shall be plainly
30    stated on the face of each bond that the bond has been issued
31    under this Division 141 and that it does  not  constitute  an
32    indebtedness of the municipality within any constitutional or
 
                            -173-    LRB093 08352 SJM 17243 a
 1    statutory limitation.
 2    (Source: P.A. 85-659.)

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

 5        (70 ILCS 508/40)
 6        Sec. 40.  Acquisition.
 7        (a)  The  Authority  may,  but need not, acquire title to
 8    any project with respect to which it exercises its authority.
 9        (b)  The  Authority  shall  have  power  to  acquire   by
10    purchase,  lease,  gift,  or otherwise any property or rights
11    therein from any person, the State of Illinois, any municipal
12    corporation, any local unit of government, the government  of
13    the  United  States,  any  agency  or  instrumentality of the
14    United States, any body politic, or any county useful for its
15    purposes,  whether  improved  for   the   purposes   of   any
16    prospective  project  or  unimproved.  The Authority may also
17    accept any donation of funds for its  purposes  from  any  of
18    those sources.
19        (c)  The   Authority   shall   have   power  to  develop,
20    construct, and improve, either under  its  own  direction  or
21    through  collaboration  with  any  approved  applicant, or to
22    acquire through purchase or otherwise any project, using  for
23    that  purpose  the  proceeds derived from its sale of revenue
24    bonds,  notes,  or  other  evidences   of   indebtedness   or
25    governmental  loans  or grants, and to hold title in the name
26    of the Authority to those projects.
27        (d)  The Authority shall have the  power  to  enter  into
28    intergovernmental  agreements with the State of Illinois, the
29    county of Will, the Illinois Development  Finance  Authority,
30    the Illinois Education Facilities Authority, the Metropolitan
31    Pier  and Exposition Authority, the United States government,
32    any agency or instrumentality of the United States, any  unit
 
                            -174-    LRB093 08352 SJM 17243 a
 1    of  local  government  located  within  the  territory of the
 2    Authority, or any other unit  of  government  to  the  extent
 3    allowed   by   Article   VII,  Section  10  of  the  Illinois
 4    Constitution and the Intergovernmental Cooperation Act.
 5        (e)  The  Authority  shall  have  the  power   to   share
 6    employees  with other units of government, including agencies
 7    of the United States, agencies of the State of Illinois,  and
 8    agencies or personnel of any unit of local government.
 9        (f)  Subject to subsection (i) of Section 35 of this Act,
10    the  Authority  shall  have  the power to exercise powers and
11    issue  revenue  bonds  as  if  it  were  a  municipality   so
12    authorized  in  Divisions  12.1,  74, 74.1, 74.3, and 74.5 of
13    Article 11 of the Illinois Municipal Code.
14    (Source: P.A. 89-333, eff. 8-17-95.)

15        Section  890-17.  The  Quad  Cities   Regional   Economic
16    Development  Authority  Act,  approved September 22, 1987, is
17    amended by changing Section 14 as follows:

18        (70 ILCS 510/14) (from Ch. 85, par. 6214)
19        Sec.  14.   Additional  powers  and  duties.   (a)    The
20    Authority  may,  but  need  not, acquire title to any project
21    with respect to which it exercises its authority.
22        (b)  The Authority shall have the  power  to  enter  into
23    intergovernmental  agreements with the State of Illinois, the
24    counties of Rock Island, Henry or Mercer, the State  of  Iowa
25    or  any  authority  established  by  the  State  of Iowa, the
26    Illinois Development Finance Authority, the Illinois  Housing
27    Development  Authority,  the  Illinois  Education  Facilities
28    Authority,  the  United  States  government and any agency or
29    instrumentality of the  United  States,  any  unit  of  local
30    government  located  within the territory of the Authority or
31    any other unit of government to the extent allowed by Article
32    VII,  Section  10  of  the  Illinois  Constitution  and   the
 
                            -175-    LRB093 08352 SJM 17243 a
 1    Intergovernmental Cooperation Act.
 2        (c)  The   Authority   shall  have  the  power  to  share
 3    employees with other units of government, including  agencies
 4    of  the  United States, agencies of the State of Illinois and
 5    agencies or personnel of any unit of local government.
 6        (d)  The Authority  shall  have  the  power  to  exercise
 7    powers  and  issue  bonds  as  if  it  were a municipality so
 8    authorized in Divisions 12.1, 74,  74.1,  74.3  and  74.5  of
 9    Article 11 of the Illinois Municipal Code.
10    (Source: P.A. 85-713.)

11        Section   890-18.  The   Quad  Cities  Regional  Economic
12    Development Authority Act, certified December  30,  1987,  is
13    amended by changing Section 13 as follows:

14        (70 ILCS 515/13) (from Ch. 85, par. 6513)
15        Sec.   13.   Additional  powers  and  duties.   (a)   The
16    Authority may, but need not, acquire  title  to  any  project
17    with respect to which it exercises its authority.
18        (b)  The  Authority  shall  have  the power to enter into
19    intergovernmental agreements with the State of Illinois,  the
20    counties  of  Rock Island, Henry or Mercer, the State of Iowa
21    or any authority  established  by  the  State  of  Iowa,  the
22    Illinois  Development Finance Authority, the Illinois Housing
23    Development  Authority,  the  Illinois  Education  Facilities
24    Authority, the United States government  and  any  agency  or
25    instrumentality  of  the  United  States,  any  unit of local
26    government located within the territory of the  Authority  or
27    any other unit of government to the extent allowed by Article
28    VII,   Section  10  of  the  Illinois  Constitution  and  the
29    Intergovernmental Cooperation Act.
30        (c)  The  Authority  shall  have  the  power   to   share
31    employees  with other units of government, including agencies
32    of the United States, agencies of the State of  Illinois  and
 
                            -176-    LRB093 08352 SJM 17243 a
 1    agencies or personnel of any unit of local government.
 2        (d)  The  Authority  shall  have  the  power  to exercise
 3    powers and issue bonds  as  if  it  were  a  municipality  so
 4    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
 5    Article 11 of the Illinois Municipal Code.
 6    (Source: P.A. 85-988.)

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

 9        (70 ILCS 520/8) (from Ch. 85, par. 6158)
10        Sec.  8.  (a)  The  Authority  may, but need not, acquire
11    title to any project with respect to which it  exercises  its
12    authority.
13        (b)  The   Authority  shall  have  power  to  acquire  by
14    purchase, lease, gift or otherwise  any  property  or  rights
15    therein  from  any  person or persons, the State of Illinois,
16    any municipal corporation, any local unit of government,  the
17    government   of   the   United   States  and  any  agency  or
18    instrumentality of the United States, any body politic or any
19    county useful for its  purposes,  whether  improved  for  the
20    purposes  of  any  prospective  project  or  unimproved.  The
21    Authority may also accept  any  donation  of  funds  for  its
22    purposes from any such source.  The Authority may acquire any
23    real  property,  or  rights  therein, upon condemnation.  The
24    acquisition by eminent domain of such real  property  or  any
25    interest  therein  by  the  Authority  shall be in the manner
26    provided  by  the  "Code  of  Civil  Procedure",  as  now  or
27    hereafter amended, including Section 7-103 thereof.
28        The Authority shall not exercise any  quick-take  eminent
29    domain  powers  granted  by  State  law  within the corporate
30    limits of a municipality unless the  governing  authority  of
31    the  municipality  authorizes  the  Authority  to  do so. The
32    Authority shall not exercise any  quick-take  eminent  domain
 
                            -177-    LRB093 08352 SJM 17243 a
 1    powers  granted  by State law within the unincorporated areas
 2    of a county unless the county board authorizes the  Authority
 3    to do so.
 4        (c)  The Authority shall have power to develop, construct
 5    and  improve,  either  under  its  own  direction  or through
 6    collaboration with any  approved  applicant,  or  to  acquire
 7    through  purchase  or  otherwise  any project, using for such
 8    purpose the proceeds derived from its sale of revenue  bonds,
 9    notes  or  other  evidences  of  indebtedness or governmental
10    loans or grants  and  to  hold  title  in  the  name  of  the
11    Authority to such projects.
12        (d)  The  Authority  shall  have  the power to enter into
13    intergovernmental agreements with the State of Illinois,  the
14    counties of Madison or St. Clair, the Southwest Regional Port
15    District,  the  Illinois  Development  Finance Authority, the
16    Illinois  Housing   Development   Authority,   the   Illinois
17    Education  Facilities  Authority,  the  Metropolitan Pier and
18    Exposition Authority, the United States  government  and  any
19    agency  or  instrumentality of the United States, the city of
20    East St. Louis, any unit of local government  located  within
21    the   territory  of  the  Authority  or  any  other  unit  of
22    government to the extent allowed by Article VII,  Section  10
23    of   the  Illinois  Constitution  and  the  Intergovernmental
24    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)  The  Authority  shall  have  the  power  to exercise
30    powers and issue bonds  as  if  it  were  a  municipality  so
31    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
32    Article 11 of the Illinois Municipal Code.
33    (Source: P.A. 89-343, eff. 8-17-95.)
 
                            -178-    LRB093 08352 SJM 17243 a
 1        Section 890-20.  The Tri-County River Valley  Development
 2    Authority  Act  Law  is  amended  by changing Section 2008 as
 3    follows:

 4        (70 ILCS 525/2008) (from Ch. 85, par. 7508)
 5        Sec. 2008.  Acquisition.
 6        (a) The Authority may, but need not, acquire title to any
 7    project with respect to which it exercises its authority.
 8        (b)  The  Authority  shall  have  power  to  acquire   by
 9    purchase,  lease,  gift  or  otherwise any property or rights
10    therein from any person or persons, the  State  of  Illinois,
11    any  municipal corporation, any local unit of government, the
12    government  of  the  United  States   and   any   agency   or
13    instrumentality of the United States, any body politic or any
14    county  useful  for  its  purposes,  whether improved for the
15    purposes of  any  prospective  project  or  unimproved.   The
16    Authority  may  also  accept  any  donation  of funds for its
17    purposes from any such source.
18        (c)  The Authority shall have power to develop, construct
19    and improve,  either  under  its  own  direction  or  through
20    collaboration  with  any  approved  applicant,  or to acquire
21    through purchase or otherwise any  project,  using  for  such
22    purpose  the proceeds derived from its sale of revenue bonds,
23    notes or other  evidences  of  indebtedness  or  governmental
24    loans  or  grants  and  to  hold  title  in  the  name of the
25    Authority to such projects.
26        (d)  The Authority shall have the  power  to  enter  into
27    intergovernmental  agreements with the State of Illinois, the
28    counties  of  Peoria,  Tazewell  or  Woodford,  the  Illinois
29    Development   Finance   Authority,   the   Illinois   Housing
30    Development  Authority,  the  Illinois  Education  Facilities
31    Authority, the Metropolitan Pier  and  Exposition  Authority,
32    the    United   States   government   and   any   agency   or
33    instrumentality of the  United  States,  any  unit  of  local
 
                            -179-    LRB093 08352 SJM 17243 a
 1    government  located  within the territory of the Authority or
 2    any other unit of government to the extent allowed by Article
 3    VII,  Section  10  of  the  Illinois  Constitution  and   the
 4    Intergovernmental Cooperation Act.
 5        (e)  The   Authority   shall  have  the  power  to  share
 6    employees with other units of government, including  agencies
 7    of  the  United States, agencies of the State of Illinois and
 8    agencies or personnel of any unit of local government.
 9        (f)  The Authority  shall  have  the  power  to  exercise
10    powers  and  issue  bonds  as  if  it  were a municipality so
11    authorized in Divisions 12.1, 74,  74.1,  74.3  and  74.5  of
12    Article 11 of the Illinois Municipal Code.
13    (Source: P.A. 86-1489.)

14        Section   890-21.  The   Upper   Illinois   River  Valley
15    Development Authority Act is amended by changing Section 8 as
16    follows:

17        (70 ILCS 530/8) (from Ch. 85, par. 7158)
18        Sec. 8.  Acquisition.
19        (a)  The Authority may, but need not,  acquire  title  to
20    any project with respect to which it exercises its authority.
21        (b)  The   Authority  shall  have  power  to  acquire  by
22    purchase, lease, gift or otherwise  any  property  or  rights
23    therein  from  any  person or persons, the State of Illinois,
24    any municipal corporation, any local unit of government,  the
25    government   of   the   United   States  and  any  agency  or
26    instrumentality of the United States, any body politic or any
27    county useful for its  purposes,  whether  improved  for  the
28    purposes  of  any  prospective  project  or  unimproved.  The
29    Authority  may  also  accept  any  donation  of funds for its
30    purposes from any such source.
31        (c)  The Authority shall have power to develop, construct
32    and improve,  either  under  its  own  direction  or  through
 
                            -180-    LRB093 08352 SJM 17243 a
 1    collaboration  with  any  approved  applicant,  or to acquire
 2    through purchase or otherwise any  project,  using  for  such
 3    purpose  the proceeds derived from its sale of revenue bonds,
 4    notes or other  evidences  of  indebtedness  or  governmental
 5    loans  or  grants  and  to  hold  title  in  the  name of the
 6    Authority to such projects.
 7        (d)  The Authority shall have the  power  to  enter  into
 8    intergovernmental  agreements with the State of Illinois, the
 9    counties of Grundy, LaSalle, Bureau, Putnam or Marshall,  the
10    Illinois  Development Finance Authority, the Illinois Housing
11    Development  Authority,  the  Illinois  Education  Facilities
12    Authority, the Metropolitan Pier  and  Exposition  Authority,
13    the    United   States   government   and   any   agency   or
14    instrumentality of the  United  States,  any  unit  of  local
15    government  located  within the territory of the Authority or
16    any other unit of government to the extent allowed by Article
17    VII,  Section  10  of  the  Illinois  Constitution  and   the
18    Intergovernmental Cooperation Act.
19        (e)  The   Authority   shall  have  the  power  to  share
20    employees with other units of government, including  agencies
21    of  the  United States, agencies of the State of Illinois and
22    agencies or personnel of any unit of local government.
23        (f)  The Authority  shall  have  the  power  to  exercise
24    powers  and  issue  bonds  as  if  it  were a municipality so
25    authorized in Divisions 12.1, 74,  74.1,  74.3  and  74.5  of
26    Article 11 of the Illinois Municipal Code.
27    (Source: P.A. 86-1024; 87-895.)

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

30        (70 ILCS 535/8) (from Ch. 85, par. 7458)
31        Sec. 8.  Acquisition.
32        (a)  The Authority may, but need not,  acquire  title  to
 
                            -181-    LRB093 08352 SJM 17243 a
 1    any project with respect to which it exercises its authority.
 2        (b)  The   Authority  shall  have  power  to  acquire  by
 3    purchase, lease, gift or otherwise  any  property  or  rights
 4    therein  from  any  person or persons, the State of Illinois,
 5    any municipal corporation, any local unit of government,  the
 6    government   of   the   United   States  and  any  agency  or
 7    instrumentality of the United States, any body politic or any
 8    county useful for its  purposes,  whether  improved  for  the
 9    purposes  of  any  prospective  project  or  unimproved.  The
10    Authority may also accept  any  donation  of  funds  for  its
11    purposes from any such source.
12        (c)  The Authority shall have power to develop, construct
13    and  improve,  either  under  its  own  direction  or through
14    collaboration with any  approved  applicant,  or  to  acquire
15    through  purchase  or  otherwise  any project, using for such
16    purpose the proceeds derived from its sale of revenue  bonds,
17    notes  or  other  evidences  of  indebtedness or governmental
18    loans or grants  and  to  hold  title  in  the  name  of  the
19    Authority to such projects.
20        (d)  The  Authority  shall  have  the power to enter into
21    intergovernmental agreements with the State of Illinois,  the
22    counties  of  Will  and  Kankakee,  the  Illinois Development
23    Finance  Authority,   the   Illinois   Education   Facilities
24    Authority,  the  Metropolitan  Pier and Exposition Authority,
25    the   United   States   government   and   any   agency    or
26    instrumentality  of  the  United  States,  any  unit of local
27    government located within the territory of the  Authority  or
28    any other unit of government to the extent allowed by Article
29    VII,   Section  10  of  the  Illinois  Constitution  and  the
30    Intergovernmental Cooperation Act.
31        (e)  The  Authority  shall  have  the  power   to   share
32    employees  with other units of government, including agencies
33    of the United States, agencies of the State of  Illinois  and
34    agencies or personnel of any unit of local government.
 
                            -182-    LRB093 08352 SJM 17243 a
 1        (f)  The  Authority  shall  have  the  power  to exercise
 2    powers and issue bonds  as  if  it  were  a  municipality  so
 3    authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
 4    Article 11 of the Illinois Municipal Code.
 5    (Source: P.A. 86-1481.)

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

 8        (70 ILCS 2205/17.1) (from Ch. 42, par. 263.1)
 9        Sec.  17.1.  The board of trustees of a sanitary district
10    that owns and operates a  wastewater  treatment  plant  in  a
11    county which has established a stormwater management planning
12    committee  in  accordance with Section 5-1062 of the Counties
13    Code may levy a tax upon  all  taxable  property  within  its
14    district  at  a rate not to exceed 0.03% of the value of such
15    property, as equalized  or  assessed  by  the  Department  of
16    Revenue,  for  the  purposes  of protecting pumping stations,
17    wastewater treatment plants and combined sewer outfalls  from
18    the  100-year  flood, paying the principal of and interest on
19    any bonds issued pursuant to this  Section  for  any  of  the
20    foregoing  purposes, and paying the principal of, premium, if
21    any, and interest on, and any fees relating to, any loan made
22    to such sanitary district by the Illinois Development Finance
23    Authority, pursuant to subsection (t) of  Section  7  of  the
24    Illinois  Development  Finance  Authority Act, for any of the
25    foregoing purposes, or any bond, note or  other  evidence  of
26    indebtedness  of  such municipality issued in connection with
27    any such loan. The 0.03% limitation provided in this  Section
28    may  be  increased  or  decreased by referendum in accordance
29    with the provisions of Sections 18-120, 18-125, and 18-130 of
30    the Property Tax Code.
31        The tax authorized by this Section may be levied  without
32    referendum  by any sanitary district that is located at least
 
                            -183-    LRB093 08352 SJM 17243 a
 1    partly  in  a  township  declared  after  July  1,  1986   by
 2    presidential declaration to be a disaster area as a result of
 3    flooding.  However,  the tax authorized by this Section shall
 4    not be levied by any sanitary district not so located  unless
 5    the  question  of its adoption, either for a specified period
 6    or indefinitely, is submitted to  the  electors  thereof  and
 7    approved by a majority of those voting on the question.  This
 8    question  may  be  submitted  at  any  election  held  in the
 9    sanitary district after the adoption of a resolution  by  the
10    board  of trustees of the sanitary district providing for the
11    submission of the question to the electors  of  the  sanitary
12    district.  The board of trustees shall certify the resolution
13    and  proposition  to the proper election officials, who shall
14    submit the proposition at an election in accordance with  the
15    general election law.  If a majority of the votes cast on the
16    question  is  in  favor  of  the  levy  of  such  tax, it may
17    thereafter be  levied  in  such  sanitary  district  for  the
18    specified   period   or  indefinitely,  as  provided  in  the
19    proposition. The question shall be put in  substantially  the
20    following form:
21    -------------------------------------------------------------
22        Shall an annual tax be levied
23    for stormwater management purposes            YES
24    (for a period of not more than
25    ...... years) at a rate not exceeding      ------------------
26    0.03% of the equalized assessed
27    value of the taxable property of              NO
28    the ........ Sanitary District?
29    -------------------------------------------------------------
30        Any  sanitary district in a county that has established a
31    stormwater management planning committee in  accordance  with
32    Section  5-1062 of the Counties Code  is hereby authorized to
33    borrow money and to issue  its  bonds  for  the  purposes  of
34    protecting  pumping stations, wastewater treatment plants and
 
                            -184-    LRB093 08352 SJM 17243 a
 1    combined sewer outfalls from the 100-year flood.
 2        Any sanitary district in a county that has established  a
 3    stormwater  management  planning committee in accordance with
 4    Section 5-1062  of  the  Counties  Code   is  hereby  further
 5    authorized  to  borrow  money  from  the Illinois Development
 6    Finance Authority for the purpose of financing the  provision
 7    of  flood  protection  for  sanitary sewage treatment plants,
 8    pursuant to subsection (t)  of  Section  7  of  the  Illinois
 9    Development  Finance  Authority Act, and is hereby authorized
10    to enter into loan agreements and other  documents  with  the
11    Illinois  Development  Finance  Authority  and  to  issue its
12    bonds, notes or other evidences of indebtedness  to  evidence
13    its obligation to repay such loan to the Illinois Development
14    Finance Authority.  Without the submission of the question to
15    the  electors,  notwithstanding any other provision of law to
16    the contrary, such sanitary district is hereby authorized  to
17    execute such loan agreements and other documents and to issue
18    such  bonds,  notes or other evidences of indebtedness, which
19    loan agreements, documents, bonds, notes or  other  evidences
20    of  indebtedness  may  bear  such  date  or  dates,  may bear
21    interest at such rate or  rates,  payable  at  such  time  or
22    times,  may  mature  at  any  time or times not later than 40
23    years from the date of issuance, may be payable at such place
24    or places, may be payable from any  funds  of  such  sanitary
25    district  on  hand and lawfully available therefor, including
26    without limitation the taxes levied pursuant to this  Section
27    or from any other taxes or revenues of such sanitary district
28    pledged  to their payment, may be negotiated at such price or
29    prices, may be executed in such manner,  may  be  subject  to
30    redemption  prior  to  maturity,  may be in such form, may be
31    secured,  and  may  be  subject  to  such  other  terms   and
32    conditions,  all  as  may  be  provided  in  a  resolution or
33    ordinance  authorizing  the  execution  of  any   such   loan
34    agreement  or  other  document or the issuance of such bonds,
 
                            -185-    LRB093 08352 SJM 17243 a
 1    notes or other evidences of indebtedness.
 2    (Source: P.A. 88-670, eff. 12-2-94.)

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

 5        (110 ILCS 935/10) (from Ch. 144, par. 1460)
 6        Sec.  10.  Scholarship recipients who fail to fulfill the
 7    obligation described in subsection (d)  of  Section  3.07  of
 8    this  Act  shall pay to the Department a sum equal to 3 times
 9    the amount of the annual scholarship grant for each year the
10    recipient fails to fulfill such  obligation.   A  scholarship
11    recipient  who  fails  to fulfill the obligation described in
12    subsection (d) of Section 3.07 shall have 30  days  from  the
13    date  on  which  that failure begins in which to enter into a
14    contract with the Department that sets forth  the  manner  in
15    which  that  sum  is required to be paid.  If the contract is
16    not entered into within that 30 day period or if the contract
17    is entered into but the required payments are not made in the
18    amounts and at  the  times  provided  in  the  contract,  the
19    scholarship  recipient  also shall be required to  pay to the
20    Department interest at the rate of 9% per annum on the amount
21    of that sum remaining due and unpaid. The amounts paid to the
22    Department under this Section shall  be  deposited  into  the
23    Community  Health  Center  Care Fund and shall be used by the
24    Department to improve access to primary health care  services
25    as  authorized  by  subsection (a) of Section 2310-200 of the
26    Department of Public Health Powers and Duties  Law  (20  ILCS
27    2310/2310-200).
28        The  Department  may transfer to the Illinois Development
29    Finance  Authority,  into  an  account  outside   the   State
30    treasury,  moneys in the Community Health Center Care Fund as
31    needed, but not to exceed an amount established, by rule,  by
32    the  Department  to establish a reserve or credit enhancement
 
                            -186-    LRB093 08352 SJM 17243 a
 1    escrow account to support a financing program or  a  loan  or
 2    equipment  leasing  program  to provide moneys to support the
 3    purposes  of  subsection  (a)  of  Section  2310-200  of  the
 4    Department of Public Health Powers and Duties  Law  (20  ILCS
 5    2310/2310-200).  The  disposition of moneys at the conclusion
 6    of  any  financing  program  under  this  Section  shall   be
 7    determined by an interagency agreement.
 8    (Source: P.A. 90-405, eff. 1-1-98; 91-239, eff. 1-1-00.)

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

11        (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
12        Sec. 11-3.  Assignment and attachment of aid  prohibited.
13    Except  as  provided  below  in  this  Section and in Section
14    11-3.3, all financial aid given under Articles  III,  IV,  V,
15    and VI and money payments for child care services provided by
16    a  child care provider under Articles IX and IXA shall not be
17    subject to  assignment,  sale,  attachment,  garnishment,  or
18    otherwise.   Provided, however, that a medical vendor may use
19    his right to receive vendor payments as collateral for  loans
20    from  financial  institutions so long as such arrangements do
21    not  constitute  any  activity   prohibited   under   Section
22    1902(a)(32)  of  the  Social  Security  Act  and  regulations
23    promulgated  thereunder,  or  any  other  applicable  laws or
24    regulations. Provided further, however,  that  a  medical  or
25    other  vendor  or  a  service  provider may assign, reassign,
26    sell, pledge  or  grant  a  security  interest  in  any  such
27    financial  aid,  vendor  payments or money payments or grants
28    which he has a  right  to  receive  to  the  Illinois  Health
29    Facilities   Authority,  in  connection  with  any  financing
30    program  undertaken  by  the   Illinois   Health   Facilities
31    Authority,  or to the Illinois Development Finance Authority,
32    in connection with any financing program  undertaken  by  the
 
                            -187-    LRB093 08352 SJM 17243 a
 1    Illinois  Development  Finance Authority.  Each Authority may
 2    utilize a trustee or agent to accept, accomplish,  effectuate
 3    or  realize  upon  any  such  assignment, reassignment, sale,
 4    pledge or grant on that Authority's behalf. Provided further,
 5    however, that  nothing  herein  shall  prevent  the  Illinois
 6    Department  from  collecting any assessment, fee, interest or
 7    penalty  due  under  Article  V-A,  V-B,  V-C,  or   V-E   by
 8    withholding financial aid as payment of such assessment, fee,
 9    interest, or penalty. Any alienation in contravention of this
10    statute  does  not diminish and does not affect the validity,
11    legality or enforceability of any underlying obligations  for
12    which  such  alienation  may  have  been  made  as collateral
13    between the parties to the alienation.  This  amendatory  Act
14    shall  be  retroactive  in  application  and shall pertain to
15    obligations existing prior to its enactment.
16    (Source: P.A. 92-111, eff. 1-1-02.)

17        (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
18        Sec. 11-3.3.  Payment to provider or governmental  agency
19    or  entity.    Payments  under this Code shall be made to the
20    provider, except that the Department may issue or  may  agree
21    to   issue  the  payment  directly  to  the  Illinois  Health
22    Facilities  Authority,  the  Illinois   Development   Finance
23    Authority,  or  any  other  governmental  agency  or  entity,
24    including any bond trustee for that agency or entity, to whom
25    the  provider  has  assigned,  reassigned,  sold,  pledged or
26    granted a security interest in the payments that the provider
27    has a  right  to  receive,  provided  that  the  issuance  or
28    agreement   to   issue   is   not  prohibited  under  Section
29    1902(a)(32) of the Social Security Act.
30    (Source: P.A. 87-842.)

31        Section 890-26.  The Illinois Affordable Housing  Act  is
32    amended by changing Section 6 as follows:
 
                            -188-    LRB093 08352 SJM 17243 a
 1        (310 ILCS 65/6) (from Ch. 67 1/2, par. 1256)
 2        Sec. 6.  Advisory Commission.
 3        (a)  There  is  hereby  created  the  Illinois Affordable
 4    Housing Advisory Commission. The Commission shall consist  of
 5    15 members. Three of the Commissioners shall be the Directors
 6    of  the  Illinois Housing Development Authority, the Illinois
 7    Development Finance Authority and the Department of  Commerce
 8    and  Community  Affairs  or their representatives. One of the
 9    Commissioners  shall  be  the  Commissioner  of  the  Chicago
10    Department of Housing or its representative. The remaining 11
11    members shall be appointed by the Governor, with  the  advice
12    and  consent  of  the  Senate,  and  not more than 4 of these
13    Commission members shall reside in  any  one  county  in  the
14    State.   At   least   one   Commission  member  shall  be  an
15    administrator of a public housing authority from other than a
16    municipality having a population in excess of  2,000,000;  at
17    least  2  Commission  members  shall  be  representatives  of
18    special  needs  populations as described in subsection (e) of
19    Section  8;  at  least  4   Commission   members   shall   be
20    representatives  of  community-based organizations engaged in
21    the development or operation of housing  for  low-income  and
22    very low-income households; and at least 4 Commission members
23    shall  be  representatives  of advocacy organizations, one of
24    which shall represent a tenants' advocacy  organization.  The
25    Governor   shall   consider   nominations  made  by  advocacy
26    organizations and community-based organizations.
27        (b)  Members appointed to the Commission  shall  serve  a
28    term  of  3  years;  however, 3 members first appointed under
29    this Act shall serve an initial  term  of  one  year,  and  4
30    members  first appointed under this Act shall serve a term of
31    2 years.  Individual terms of office shall be chosen  by  lot
32    at  the initial meeting of the Commission. The Governor shall
33    appoint the Chairman of the Commission,  and  the  Commission
34    members shall elect a Vice Chairman.
 
                            -189-    LRB093 08352 SJM 17243 a
 1        (c)  Members  of  the Commission shall not be entitled to
 2    compensation, but shall receive reimbursement for actual  and
 3    reasonable  expenses  incurred  in  the  performance of their
 4    duties.
 5        (d)  Eight members of the Commission shall  constitute  a
 6    quorum for the transaction of business.
 7        (e)  The Commission shall meet at least quarterly and its
 8    duties and responsibilities are:
 9             (1)  the  study  and  review  of the availability of
10        affordable housing for  low-income  and  very  low-income
11        households  in  the State of Illinois and the development
12        of  a  plan  which  addresses  the  need  for  additional
13        affordable housing;
14             (2)  encouraging collaboration between  federal  and
15        State  agencies,  local government and the private sector
16        in the planning, development and operation of  affordable
17        housing for low-income and very low-income households;
18             (3)  studying,  evaluating  and  soliciting  new and
19        expanded sources of funding for affordable housing;
20             (4)  developing,    proposing,    reviewing,     and
21        commenting  on  priorities,  policies  and procedures for
22        uses and expenditures of  Trust  Fund  monies,  including
23        policies  which  assure  equitable  distribution of funds
24        statewide;
25             (5)  making   recommendations   to    the    Program
26        Administrator  concerning  proposed expenditures from the
27        Trust Fund;
28             (6)  making   recommendations   to    the    Program
29        Administrator  concerning the developments proposed to be
30        financed with the proceeds of Affordable Housing  Program
31        Trust Fund Bonds or Notes;
32             (7)  reviewing  and commenting on the development of
33        priorities,   policies    and    procedures    for    the
34        administration of the Program;
 
                            -190-    LRB093 08352 SJM 17243 a
 1             (8)  monitoring  and  evaluating  all allocations of
 2        funds under this Program; and
 3             (9)  making recommendations to the General  Assembly
 4        for further legislation that may be necessary in the area
 5        of affordable housing.
 6    (Source: P.A. 88-93; 89-286, eff. 8-10-95.)

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

 9        (410 ILCS 65/4) (from Ch. 111 1/2, par. 8054)
10        Sec. 4.  The Center shall have the authority:
11        (a)  To  assist  rural  communities  and  communities  in
12    designated shortage areas by providing  technical  assistance
13    to  community  leaders in defining their specific health care
14    needs and identifying strategies to address those needs.
15        (b)  To  link  rural  communities  and   communities   in
16    designated  shortage areas with other units in the Department
17    or other State agencies which can assist in the solution of a
18    health care access problem.
19        (c)  To   maintain   and   disseminate   information   on
20    innovative   health  care  strategies,  either  directly   or
21    indirectly.
22        (d)  To   administer  State  or  federal  grant  programs
23    relating to  rural  health  or  medically  underserved  areas
24    established  by  State  or  federal law for which funding has
25    been made available.
26        (e)  To promote the development of primary care  services
27    in  rural  areas  and  designated  shortage areas. Subject to
28    available appropriations, the Department may  annually  award
29    grants  of  up to $300,000 each to enable the health services
30    in  those  areas   to   offer   multi-service   comprehensive
31    ambulatory  care,  thereby  improving  access to primary care
32    services.  Grants  may   cover   operational   and   facility
 
                            -191-    LRB093 08352 SJM 17243 a
 1    construction  and  renovation  expenses,  including  but  not
 2    limited  to  the  cost  of  personnel,  medical  supplies and
 3    equipment,  patient  transportation,  and   health   provider
 4    recruitment. The Department shall prescribe by rule standards
 5    and  procedures  for the provision of local matching funds in
 6    relation to each grant  application.  Grants  provided  under
 7    this  paragraph  (e)  shall  be  in  addition  to support and
 8    assistance provided under subsection (a) of Section  2310-200
 9    of  the Department of Public Health Powers and Duties Law (20
10    ILCS 2310/2310-200).  Eligible applicants shall include,  but
11    not  be limited to, community-based organizations, hospitals,
12    local health departments, and  Community  Health  Centers  as
13    defined in Section 4.1 of this Act.
14        (f)  To    annually   provide   grants   from   available
15    appropriations to hospitals located in medically  underserved
16    areas  or  health  manpower  shortage areas as defined by the
17    United States Department of Health and Human Services,  whose
18    governing   boards   include  significant  representation  of
19    consumers of hospital services residing in the area served by
20    the hospital, and which agree not to discriminate in any  way
21    against  any  consumer  of  hospital  services based upon the
22    consumer's source of payment for those services. Grants  that
23    may  be  awarded under this paragraph (f) shall be limited to
24    $500,000 and shall not exceed 50% of the total  project  need
25    indicated in each application. Expenses covered by the grants
26    may  include  but  are  not  limited  to facility renovation,
27    equipment acquisition and maintenance, recruitment of  health
28    personnel,  diversification  of  services,  and joint venture
29    arrangements.
30        (g)  To  establish  a  recruitment  center  which   shall
31    actively   recruit   physicians   and   other   health   care
32    practitioners   to   participate  in  the  program,  maintain
33    contacts with participating practitioners,  actively  promote
34    health  care  professional  practice  in  designated shortage
 
                            -192-    LRB093 08352 SJM 17243 a
 1    areas, assist in matching the skills of participating medical
 2    students with  the  needs  of  community  health  centers  in
 3    designated  shortage  areas, and assist participating medical
 4    students in locating in designated shortage areas.
 5        (h)  To assist communities in designated  shortage  areas
 6    find  alternative services or temporary health care providers
 7    when existing health care providers are  called  into  active
 8    duty with the armed forces of the United States.
 9        (i)  To   develop,   in  cooperation  with  the  Illinois
10    Development Finance Authority, financing programs whose goals
11    and purposes shall be to provide  moneys  to  carry  out  the
12    purpose  of  this Act, including, but not limited to, revenue
13    bond programs, revolving  loan  programs,  equipment  leasing
14    programs,  and  working  cash  programs.   The Department may
15    transfer to the Illinois Development Finance Authority,  into
16    an  account  outside of the State treasury, moneys in special
17    funds of the Department  for  the  purposes  of  establishing
18    those programs.  The disposition of any moneys so transferred
19    shall be determined by an interagency agreement.
20    (Source:  P.A.  91-239,  eff.  1-1-00;  91-357, eff. 7-29-99;
21    92-16, eff. 6-28-01.)

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

24        (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
25        Sec.  2.  This  Act  applies  to  the  wages of laborers,
26    mechanics and other workers employed in any public works,  as
27    hereinafter  defined,  by any public body and to anyone under
28    contracts for public works.
29        As  used  in  this  Act,  unless  the  context  indicates
30    otherwise:
31        "Public works" means  all  fixed  works  constructed  for
32    public  use by any public body, other than work done directly
 
                            -193-    LRB093 08352 SJM 17243 a
 1    by any public utility company,  whether  or  not  done  under
 2    public  supervision  or  direction,  or paid for wholly or in
 3    part out of public funds.  "Public works" as  defined  herein
 4    includes all projects financed in whole or in part with bonds
 5    issued under the Industrial Project Revenue Bond Act (Article
 6    11,   Division  74  of  the  Illinois  Municipal  Code),  the
 7    Industrial  Building   Revenue   Bond   Act,   the   Illinois
 8    Development   Finance  Authority  Act,  the  Illinois  Sports
 9    Facilities Authority Act, or the Build Illinois Bond Act, and
10    all projects financed in whole or in part with loans or other
11    funds made available pursuant to the Build Illinois Act.
12        "Construction" means all work on public  works  involving
13    laborers, workers or mechanics.
14        "Locality"  means the county where the physical work upon
15    public works is performed, except (1) that if  there  is  not
16    available  in  the  county  a  sufficient number of competent
17    skilled laborers, workers  and  mechanics  to  construct  the
18    public  works  efficiently  and properly, "locality" includes
19    any other county  nearest  the  one  in  which  the  work  or
20    construction  is  to be performed and from which such persons
21    may be obtained in sufficient numbers to perform the work and
22    (2) that, with respect to contracts for highway work with the
23    Department of Transportation of this State, "locality" may at
24    the  discretion  of  the  Secretary  of  the  Department   of
25    Transportation  be  construed to include two or more adjacent
26    counties from which workers may be  accessible  for  work  on
27    such construction.
28        "Public  body"  means  the State or any officer, board or
29    commission of the  State  or  any  political  subdivision  or
30    department  thereof, or any institution supported in whole or
31    in part by public  funds,  authorized  by  law  to  construct
32    public   works   or  to  enter  into  any  contract  for  the
33    construction of public  works,  and  includes  every  county,
34    city,  town,  village, township, school district, irrigation,
 
                            -194-    LRB093 08352 SJM 17243 a
 1    utility, reclamation improvement or other district and  every
 2    other  political subdivision, district or municipality of the
 3    state whether such  political  subdivision,  municipality  or
 4    district operates under a special charter or not.
 5        The  terms  "general  prevailing  rate  of hourly wages",
 6    "general prevailing rate of wages"  or  "prevailing  rate  of
 7    wages"  when used in this Act mean the hourly cash wages plus
 8    fringe benefits  for  training  and  apprenticeship  programs
 9    approved   by   the  U.S.  Department  of  Labor,  Bureau  of
10    Apprenticeship and Training, health and  welfare,  insurance,
11    vacations  and  pensions  paid  generally, in the locality in
12    which the work is being performed, to  employees  engaged  in
13    work of a similar character on public works.
14    (Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
15    92-16, eff. 6-28-01.)

16        Section  890-29.   The  Transportation Cooperation Act of
17    1971 is amended by changing Section 2 as follows:

18        (5 ILCS 225/2) (from Ch. 111 2/3, par. 602)
19        Sec. 2. For the purposes of this Act:
20        (a)  "Railroad  passenger  service"  means  any  railroad
21    passenger service within the State of Illinois, including the
22    equipment and facilities used in connection  therewith,  with
23    the  exception  of  the basic system operated by the National
24    Railroad Passenger  Corporation  pursuant  to  Title  II  and
25    Section  403(a)  of the Federal Rail Passenger Service Act of
26    1970.
27        (b)  "Federal Railroad Corporation"  means  the  National
28    Railroad Passenger Corporation established pursuant to an Act
29    of  Congress  known  as  the  "Rail  Passenger Service Act of
30    1970."
31        (c)  "Transportation system" means any and all  modes  of
32    public  transportation  within  the State, including, but not
 
                            -195-    LRB093 08352 SJM 17243 a
 1    limited to, transportation of persons or  property  by  rapid
 2    transit,   rail,   bus,  and  aircraft,  and  all  equipment,
 3    facilities  and  property,  real  and   personal,   used   in
 4    connection therewith.
 5        (d)  "Carrier"    means   any   corporation,   authority,
 6    partnership, association, person or  district  authorized  to
 7    maintain  a  transportation  system within the State with the
 8    exception of the Federal Railroad Corporation.
 9        (e)  "Units of local government" means cities,  villages,
10    incorporated  towns, counties, municipalities, townships, and
11    special districts, including any district created pursuant to
12    the "Local Mass Transit  District  Act",  approved  July  21,
13    1959,  as  amended;  any  Authority  created  pursuant to the
14    "Metropolitan Transit  Authority  Act",  approved  April  12,
15    1945,  as  amended;  and,  any authority, commission or other
16    entity which by virtue of an interstate compact  approved  by
17    Congress is authorized to provide mass transportation.
18        (f)  "Universities"  means  all  public  institutions  of
19    higher  education  as  defined in an "Act creating a Board of
20    Higher Education, defining its powers and duties,  making  an
21    appropriation  therefor,  and repealing an Act herein named",
22    approved  August  22,  1961,  as  amended,  and  all  private
23    institutions of higher education as defined in  the  Illinois
24    Finance Educational Facilities Authority Act.
25        (g)  "Department"   means   the  Illinois  Department  of
26    Transportation, or such other department designated by law to
27    perform the duties and functions of the  Illinois  Department
28    of Transportation prior to January 1, 1972.
29        (h)  "Association"   means   any  Transportation  Service
30    Association created pursuant to Section 4 of this Act.
31        (i)  "Contracting  Parties"  means  any  units  of  local
32    government or universities which have associated  and  joined
33    together pursuant to Section 3 of this Act.
34        (j)  "Governing  authorities"  means (1) the city council
 
                            -196-    LRB093 08352 SJM 17243 a
 1    or similar legislative body of  a  city;  (2)  the  board  of
 2    trustees  or  similar body of a village or incorporated town;
 3    (3) the council of a municipality under the  commission  form
 4    of  municipal  government;  (4)  the  board  of trustees in a
 5    township; (5) the Board of  Trustees  of  the  University  of
 6    Illinois,   the   Board  of  Trustees  of  Southern  Illinois
 7    University,  the  Board  of   Trustees   of   Chicago   State
 8    University,   the  Board  of  Trustees  of  Eastern  Illinois
 9    University,  the  Board  of  Trustees  of   Governors   State
10    University,   the   Board   of  Trustees  of  Illinois  State
11    University, the Board of Trustees  of  Northeastern  Illinois
12    University,  the  Board  of  Trustees  of  Northern  Illinois
13    University,   the  Board  of  Trustees  of  Western  Illinois
14    University, and the Illinois Community College Board; (6) the
15    county  board  of   a   county;   and   (7)   the   trustees,
16    commissioners,  board  members, or directors of a university,
17    special district, authority or similar agency.
18    (Source: P.A. 89-4, eff. 1-1-96.)

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

21        (20 ILCS 3105/3) (from Ch. 127, par. 773)
22        Sec.  3.   As  used  in  this  Act,  unless  the  context
23    otherwise requires:
24        "Board" means the Capital Development Board.
25        "State   agency"   means   and   includes  each  officer,
26    department, board, commission, institution, body politic  and
27    corporate  of  the  State  including  the  Illinois  Building
28    Authority,  school  districts, and any other person expending
29    or encumbering  State  or  federal  funds  by  virtue  of  an
30    appropriation  or other authorization by the General Assembly
31    or federal  authorization  or  grant.   Except  as  otherwise
32    expressly  authorized  by the General Assembly, the term does
 
                            -197-    LRB093 08352 SJM 17243 a
 1    not include the Department of Transportation, the  Department
 2    of  Natural  Resources,  or  Environmental Protection Agency,
 3    except as respects buildings used by the Department or Agency
 4    for its officers, employees, or equipment, or  any  of  them,
 5    and  for capital improvements related to such buildings.  Nor
 6    does  the  term  include  the  Illinois  Housing  Development
 7    Authority,  the  Illinois  Finance   Educational   Facilities
 8    Authority   or   the  St.  Louis  Metropolitan  Area  Airport
 9    Authority.
10        "School District" means any school  district  or  special
11    charter  district  as  defined  in Section 1-3 of "The School
12    Code",  approved  March  18,  1961,  as   amended,   or   any
13    administrative  district,  or  governing  board,  of  a joint
14    agreement organized under  Section  10-22.31  of  the  School
15    Code.
16    (Source: P.A. 89-445, eff. 2-7-96.)

17        Section 890-31.  The Higher Education Loan Act is amended
18    by changing the title and Sections 3, 3.01, and 5 as follows:

19        (110 ILCS 945/Act title)
20        An  Act  relating  to  the  Illinois  Finance Educational
21    Facilities Authority and certain of its powers and duties.
22    (Source: P.A. 85-1326.)

23        (110 ILCS 945/3) (from Ch. 144, par. 1603)
24        Sec. 3.  Definitions.  In this Act,  unless  the  context
25    otherwise  requires,  the  terms  specified  in Sections 3.01
26    through 3.13 of this Act and Sections 3.01  through  3.09  of
27    the  Illinois  Finance  Educational  Facilities Authority Act
28    have the meanings ascribed to them in those Acts Sections.
29    (Source: P.A. 88-555, eff. 7-27-94.)

30        (110 ILCS 945/3.01) (from Ch. 144, par. 1603.01)
 
                            -198-    LRB093 08352 SJM 17243 a
 1        Sec. 3.01.  Authority.  "Authority"  means  the  Illinois
 2    State Finance Educational Facilities Authority created by the
 3    Illinois State Finance Educational Facilities Authority Act.
 4    (Source: P.A. 85-1326.)

 5        (110 ILCS 945/5) (from Ch. 144, par. 1605)
 6        Sec.   5.    Transfer  of  functions  from  the  Illinois
 7    Educational  Facilities  Independent  Higher  Education  Loan
 8    Authority to  the  Illinois  Finance  Educational  Facilities
 9    Authority.    The  Illinois  Finance  Educational  Facilities
10    Authority   created   by  the  Illinois  Finance  Educational
11    Facilities  Authority  Act  shall  succeed  to,  assume   and
12    exercise  all  rights,  powers,  duties  and responsibilities
13    formerly exercised by  the  Illinois  Educational  Facilities
14    Independent  Higher  Education  Loan  Authority  prior to the
15    abolition of that Authority by this  amendatory  Act  of  the
16    93rd  General  Assembly  1988.   All  books, records, papers,
17    documents and pending business in any way pertaining  to  the
18    former  Illinois  Educational  Facilities  Independent Higher
19    Education Loan Authority  are  transferred  to  the  Illinois
20    State  Finance  Educational  Facilities  Authority,  but  any
21    rights  or  obligations of any person under any contract made
22    by, or  under  any  rules,  regulations,  uniform  standards,
23    criteria  and  guidelines  established  or  approved by, such
24    former Illinois  Educational  Facilities  Independent  Higher
25    Education  Loan  Authority  shall be unaffected thereby.  All
26    bonds, notes or other evidences of  indebtedness  outstanding
27    on  the  effective  date  of  this amendatory Act of the 93rd
28    General Assembly 1988 shall be unaffected by the transfer  of
29    functions  to  the  Illinois  Finance  Educational Facilities
30    Authority.   No  rule,  regulation,  standard,  criteria   or
31    guideline  promulgated, established or approved by the former
32    Illinois Educational Facilities Independent Higher  Education
33    Loan  Authority  pursuant to an exercise of any right, power,
 
                            -199-    LRB093 08352 SJM 17243 a
 1    duty or responsibility assumed  by  and  transferred  to  the
 2    Illinois  Finance  Educational  Facilities Authority shall be
 3    affected by this amendatory Act of the 93rd General  Assembly
 4    1988,  and  all  such rules, regulations, standards, criteria
 5    and guidelines shall become those  of  the  Illinois  Finance
 6    Educational  Facilities Authority until such time as they are
 7    amended or repealed by the Authority.
 8    (Source: P.A. 85-1326.)

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

11        (20 ILCS 690/2) (from Ch. 5, par. 2252)
12        Sec. 2.  Findings and declaration of policy.  The General
13    Assembly hereby finds, determines and declares:
14        (a)  That Illinois is a  state  of  diversified  economic
15    strength  and that an important economic strength in Illinois
16    is  derived  from   rural   business   production   and   the
17    agribusiness industry;
18        (b)  That  the  Illinois  rural  economy is in a state of
19    transition, which presents a unique opportunity for the State
20    to act on its growth and development;
21        (c)  That full and continued growth  and  development  of
22    Illinois'  rural  economy,  especially in the small towns and
23    farm communities, is vital for Illinois;
24        (d)  That by encouraging the development  of  diversified
25    rural business and agricultural production, nonproduction and
26    processing  activities  in  Illinois,  the  State  creates  a
27    beneficial climate for new and improved job opportunities for
28    its citizens and expands jobs and job training opportunities;
29        (e)  That  in  order  to  cultivate strong rural economic
30    growth and  development  in  Illinois,  it  is  necessary  to
31    proceed   with   a   plan  which  encourages  Illinois  rural
32    businesses and agribusinesses to expand  business  employment
 
                            -200-    LRB093 08352 SJM 17243 a
 1    opportunities   through   diversification   of  business  and
 2    industries,  offers  managerial,  technical   and   financial
 3    assistance   to   or   on  behalf  of  rural  businesses  and
 4    agribusiness, and works in a cooperative venture  and  spirit
 5    with Illinois' business, labor, local government, educational
 6    and scientific communities;
 7        (f)  That dedication of State resources over a multi-year
 8    period  targeted  to  promoting the growth and development of
 9    one  or  more  classes   of   diversified   rural   products,
10    particularly  new  agricultural products, is an effective use
11    of State funds;
12        (g)  That the United States Congress,  having  identified
13    similar  needs  and purposes has enacted legislation creating
14    the United  States  Department  of  Agriculture/Farmers  Home
15    Administration  Non-profit National Finance Corporations Loan
16    and Grant Program and made funding available  to  the  states
17    consistent with the purposes of this Act.
18        (h)  That  the  Illinois  General  Assembly  has  enacted
19    "Rural  Revival"  and  a  series  of  "Harvest the Heartland"
20    initiatives which create within  the  Illinois  Finance  Farm
21    Development  Authority  a  "Seed  Capital  Fund"  to  provide
22    venture  capital for emerging new agribusinesses, and to help
23    coordinate  cooperative  research  and  development  on   new
24    agriculture technologies in conjunction with the Agricultural
25    Research  and  Development  Consortium  in Peoria, the United
26    State Department of Agriculture  Northern  Regional  Research
27    Laboratory  in Peoria, the institutions of higher learning in
28    Illinois, and  the  agribusiness  community  of  this  State,
29    identify  the  need  for  enhanced  efforts  by  the State to
30    promote the use of fuels utilizing ethanol made from Illinois
31    grain, and promote forestry development in this State; and
32        (i)  That there is a need to coordinate the many programs
33    offered by the State of Illinois Departments of  Agriculture,
34    Commerce  and  Community  Affairs, and Natural Resources, and
 
                            -201-    LRB093 08352 SJM 17243 a
 1    the Illinois Finance  Farm  Development  Authority  that  are
 2    targeted  to  agriculture  and the rural community with those
 3    offered by the federal government.  Therefore it is desirable
 4    that the fullest measure of coordination and  integration  of
 5    the  programs  offered  by the various state agencies and the
 6    federal government be achieved.
 7    (Source: P.A. 89-445, eff. 2-7-96.)

 8        (20 ILCS 690/3) (from Ch. 5, par. 2253)
 9        Sec. 3.  Definitions.  The following  words  and  phrases
10    shall  have  the  meaning  ascribed  to  each of them in this
11    Section unless the context clearly indicates otherwise:
12        (a)  "Office"  means  the  Office  of   Rural   Community
13    Development  within  the  Illinois Department of Commerce and
14    Community Affairs.
15        (b)  "Rural  business"  means  a  business,  including  a
16    cooperative,  proprietorship,  partnership,  corporation   or
17    other  entity,  that  is  located in a municipality of 20,000
18    population or less, or in an unincorporated area of a  county
19    with  a  population  of  less  than  350,000,  but  not  in a
20    municipality  which  is  contiguous  to  a  municipality   or
21    municipalities  with  a  population greater than 20,000.  The
22    business must  also  be  engaged  in  manufacturing,  mining,
23    agriculture, wholesale, transportation, tourism, or utilities
24    or  in  research  and  development or services to these basic
25    industrial sectors.
26        (c)  "Agribusiness", for purpose of  this  Act,  means  a
27    rural business that is defined as an agribusiness pursuant to
28    subsection (i) of Section 2 of the Illinois Finance Authority
29    Farm Development Act.
30        (d)  "Rural diversification project" means financing to a
31    rural business for a specific activity undertaken to promote:
32    (i) the improvement and expansion of business and industry in
33    rural   areas;   (ii)   creation   of   entrepreneurial   and
 
                            -202-    LRB093 08352 SJM 17243 a
 1    self-employment  businesses;  (iii)  industry  or region wide
 2    research directed to profit oriented uses of rural resources,
 3    and  (iv)  value  added   agricultural   supply,   production
 4    processing or reprocessing facilities or operations and shall
 5    include  but  not  be limited to agricultural diversification
 6    projects.
 7        (e)  "Financing" means direct loans at  market  or  below
 8    market rate interest, grants, technical assistance contracts,
 9    or  other means whereby monetary assistance is provided to or
10    on behalf of rural business or agribusinesses for purposes of
11    rural diversification.
12        (f)  "Agricultural   diversification    project"    means
13    financing awarded to a rural business for a specific activity
14    undertaken  to promote diversification of the farm economy of
15    this State through (i) profit oriented nonproduction uses  of
16    Illinois  land  resources, (ii) growth and development of new
17    crops or livestock not customarily grown or produced in  this
18    State,  or  (iii)  developments  which  emphasize  a vertical
19    integration of grain or livestock produced or raised in  this
20    State  into  a finished product for consumption or use.  "New
21    crops or livestock not customarily grown or produced in  this
22    State" does not include corn, soybeans, wheat, swine, or beef
23    or dairy cattle.  "Vertical integration of grain or livestock
24    produced  or  raised  in  this  State"  includes  any  new or
25    existing grain or livestock grown or produced in this State.
26    (Source: P.A. 85-180.)

27        (20 ILCS 690/4) (from Ch. 5, par. 2254)
28        Sec. 4.  Powers  of  the  Office.   The  Office  has  the
29    following powers, in addition to those granted to it by other
30    law:
31        (a)  To  provide  financing pursuant to the provisions of
32    this Act, from appropriations made by  the  General  Assembly
33    from  the  General Revenue Fund, Federal trust funds, and the
 
                            -203-    LRB093 08352 SJM 17243 a
 1    Rural Diversification Revolving Fund created herein, to or on
 2    behalf of rural business and agribusiness  to  promote  rural
 3    diversification.
 4        (b)  To provide financing in the form of direct loans and
 5    grants from State funds for qualifying agricultural and rural
 6    diversification  projects  independent  of  federal financial
 7    participation, except that no grants from State  funds  shall
 8    be made directly with a rural business.
 9        (c)  To  provide  financing  in the form of direct loans,
10    grants, and technical assistance contracts from  State  funds
11    for   qualifying   agricultural   and  rural  diversification
12    projects in coordination with federal financial participation
13    in the form of loan guarantees, direct loans, and  grant  and
14    technical assistance contract reimbursements.
15        (d)  To  consider  in the award of State funded financing
16    the satisfaction of  matching  requirements  associated  with
17    federal  financing  participation  and  the  maximization  of
18    federal  financing  participation to the benefit of the rural
19    Illinois economy.
20        (e)  To enter into agreements or contracts, accept  funds
21    or  grants,  and  cooperate  with  agencies  of  the  Federal
22    Government, State or Local Governments, the private sector or
23    non-profit  organizations  to  carry out the purposes of this
24    Act;
25        (f)  To  enter  into  agreements  or  contracts  for  the
26    promotion, application origination,  analysis or servicing of
27    the financings made by the Office pursuant to this Act;
28        (g)  To receive and  accept,  from  any  source,  aid  or
29    contributions of money, property or labor for the furtherance
30    of  this  Act  and  collect  fees, charges or advances as the
31    Department may determine in connection with its financing;
32        (h)  To establish application, notification, contract and
33    other  procedures  and  other  procedures  and  rules  deemed
34    necessary and appropriate by the  Office  to  carry  out  the
 
                            -204-    LRB093 08352 SJM 17243 a
 1    provisions of this Act;
 2        (i)  To  foreclose  any  mortgage,  deed  of trust, note,
 3    debenture, bond or other security interest held by the Office
 4    and to take all such actions as may be necessary  to  enforce
 5    any obligation held by the Office;
 6        (j)  To   analyze   opportunities   and  needs  of  rural
 7    communities, primarily those  communities  experiencing  farm
 8    worker   distress   including   consultation   with  regional
 9    commissions, governments, or  diversification  organizations,
10    and  work to strengthen the coordination of existing programs
11    offered through the Office, the  Department  of  Agriculture,
12    the  Department  of  Natural  Resources, the Illinois Finance
13    Farm Development Authority, the Cooperative Extension Service
14    and  others  for  rural  and  agribusiness  development   and
15    assistance; and
16        (k)  To cooperate with an existing committee comprised of
17    representatives from the Office, the Rural Affairs Council or
18    its  successor,  the  Department of Agriculture, the Illinois
19    Finance Farm Development Authority and others  to  coordinate
20    departmental  policies  with  other  State  agencies  and  to
21    promote agricultural and rural diversification in the State.
22        (l)  To  exercise  such other right, powers and duties as
23    are necessary to fulfill the purposes of this Act.
24    (Source: P.A. 89-445, eff. 2-7-96.)

25        (20 ILCS 690/5) (from Ch. 5, par. 2255)
26        Sec.   5.    Agricultural   and   rural   diversification
27    financing. (a) The Office's financing  to  or  on  behalf  of
28    rural  businesses or agribusinesses in the State shall be for
29    the purpose of assisting in  the  cost  of  agricultural  and
30    rural  diversification  projects  including  (i) acquisition,
31    construction,    reconstruction,     replacement,     repair,
32    rehabilitation,  alteration,  expansion  or extension of real
33    property, buildings or machinery and equipment  but  not  the
 
                            -205-    LRB093 08352 SJM 17243 a
 1    acquisition of unimproved land for the production of crops or
 2    livestock;  (ii)  working  capital  items  including  but not
 3    limited  to,  inventory,  accounts  receivable  and   prepaid
 4    expenses;  (iii)  organizational  expenses including, but not
 5    limited  to,  architectural  and  engineering  costs,   legal
 6    services,  marketing  analyses, production analyses, or other
 7    professional services; (iv)  needed  leasehold  improvements,
 8    easements,  and  other  amenities required to prepare a site;
 9    (v) information, technical support and  technical  assistance
10    contracts  to  local  officials  or  not-for-profit  agencies
11    regarding  private,  state and federal resources, programs or
12    grant  assistances  and  the  needs  and  opportunities   for
13    diversification;  and (vi) when conducted in cooperation with
14    federal reimbursement  programs,  financing  costs  including
15    guarantee  fees,  packaging fees and origination fees but not
16    debt refinancing.
17        (b)  Agricultural or rural diversification financing to a
18    rural business or agribusiness under this Act shall  be  used
19    only  where  it  can  be shown that the agricultural or rural
20    diversification project for which financing is  being  sought
21    has  the  potential  to  achieve  commercial success and will
22    increase employment, directly or indirectly retain  jobs,  or
23    promote local diversification.
24        (c)  The   Office  shall  establish  an  internal  review
25    committee with the Director of the Rural Affairs Council,  or
26    his  designee, the Director of the Department of Agriculture,
27    or his designee, and the Director  of  the  Illinois  Finance
28    Farm  Development  Authority,  or his designee, as members to
29    assist in the review of all project applications.
30        (d)  The Office shall not provide financing  to  a  rural
31    business  or  agribusiness  unless  the  application includes
32    convincing evidence that a  specific  agricultural  or  rural
33    diversification project is ready to occur and will only occur
34    if the financing is made.  The Office shall also consider the
 
                            -206-    LRB093 08352 SJM 17243 a
 1    applicability  of  other  state and federal programs prior to
 2    financing any project.
 3    (Source: P.A. 85-180.)

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

 6        (20 ILCS 3610/3) (from Ch. 5, par. 1253)
 7        Sec. 3.  As used in this Act unless the context otherwise
 8    requires:
 9        (a)  "Applicant" means an Illinois farmer applying for an
10    operating loan.
11        (b)  "Operating loan" means a loan  to  an  applicant  in
12    connection  with  cultivating the soil, or in connection with
13    raising  or  harvesting  any  agricultural  or  horticultural
14    commodity, including the raising, feeding and  management  of
15    livestock  or poultry on a farm of which the applicant is the
16    owner, tenant, or operator, for the current year's  operating
17    expenses.
18        (c)  "Lender"  means any federal or State chartered bank,
19    federal land bank, production credit  association,  bank  for
20    cooperatives,  federal  or  State  chartered savings and loan
21    association  or  building  and  loan  association,   business
22    investment  company or any other institution qualified within
23    this State to originate and  service  loans,  including,  but
24    without limitation to, insurance companies, credit unions and
25    mortgage loan companies.
26        (d)  "Payment  adjustment" means an amount of money equal
27    to one-half of the total interest payable on the principal of
28    the operating loan.
29        (e)  "Authority"  means   the   Illinois   Finance   Farm
30    Development Authority.
31        (f)  "Asset"  shall  include,  but  not be limited to the
32    following: cash crops or feed on  hand;  livestock  held  for

 
                            -207-    LRB093 08352 SJM 17243 a
 1    sale;   breeding  stock;  marketable  bonds  and  securities;
 2    securities not readily marketable; accounts receivable; notes
 3    receivable; cash invested in growing crops; net cash value of
 4    life insurance; machinery and  equipment;  cars  and  trucks;
 5    farm  and  other  real  estate  including  life  estates  and
 6    personal  residence; value of beneficial interests in trusts;
 7    government payments or grants; and any other assets.
 8        (g)  "Liability" shall include, but not be limited to the
 9    following: accounts payable; notes or other indebtedness owed
10    to any source; taxes;  rent;  amounts  owed  on  real  estate
11    contracts   or  real  estate  mortgages;  judgments;  accrued
12    interest payable; and any other liability.
13        (h)  "Debt to asset ratio" means the current  outstanding
14    liabilities  of the farmer divided by the current outstanding
15    assets of the farmer.
16    (Source: P.A. 84-1; 84-1106.)

17        (20 ILCS 3610/4) (from Ch. 5, par. 1254)
18        Sec. 4.  There is hereby  created  a  payment  adjustment
19    program  to  be  administered  by  the  Illinois Finance Farm
20    Development Authority. The Authority shall have the authority
21    to promulgate and  adopt  rules  and  regulations  which  are
22    consistent  with this Act. The Authority may impose a minimal
23    fee to cover the costs of administering the program.   On  or
24    before  May  1  of  each  of the next six years, or until all
25    repayments have been received  on  payment  adjustments,  the
26    Authority  shall  submit a report to the General Assembly and
27    the Governor concerning the status of the payment  adjustment
28    program.   The  Authority  shall grant no payment adjustments
29    after June 15, 1986.
30    (Source: P.A. 84-1; 84-1106.)

31        Section 890-34.  The Build Illinois  Act  is  amended  by
32    changing Section 8-3 as follows:
 
                            -208-    LRB093 08352 SJM 17243 a
 1        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
 2        Sec.  8-3.  Powers of the Department.  The Department has
 3    the power to:
 4        (a)  provide business development  public  infrastructure
 5    loans  or  grants from appropriations from the Build Illinois
 6    Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
 7    Illinois'  Future, and the Public Infrastructure Construction
 8    Loan Fund to  local  governments  to  provide  or  improve  a
 9    community's  public  infrastructure so as to create or retain
10    private sector  jobs  pursuant  to  the  provisions  of  this
11    Article;
12        (b)  provide     affordable     financing    of    public
13    infrastructure loans and grants to, or on  behalf  of,  local
14    governments,  local  public entities, medical facilities, and
15    public health clinics from  appropriations  from  the  Public
16    Infrastructure  Construction  Loan  Fund  for  the purpose of
17    assisting with the financing, or application  and  access  to
18    financing,  of  a community's public infrastructure necessary
19    to health, safety, and economic development;
20        (c)  enter into agreements, accept funds or  grants,  and
21    engage   in   cooperation   with   agencies  of  the  federal
22    government, or state or local governments to  carry  out  the
23    purposes  of  this  Article,  and  to  use funds appropriated
24    pursuant  to  this  Article   to   participate   in   federal
25    infrastructure  loan  and  grant programs upon such terms and
26    conditions as may be established by the federal government;
27        (d)  establish application, notification,  contract,  and
28    other  procedures, rules, or regulations deemed necessary and
29    appropriate to carry out the provisions of this Article;
30        (e)  coordinate  assistance  under  this   program   with
31    activities  of  the Illinois Development Finance Authority in
32    order to maximize the effectiveness and efficiency  of  State
33    development programs;
34        (f)  coordinate assistance under the Affordable Financing
 
                            -209-    LRB093 08352 SJM 17243 a
 1    of  Public  Infrastructure  Loan  and  Grant Program with the
 2    activities of the  Illinois  Development  Finance  Authority,
 3    Illinois  Rural  Bond Bank, Illinois Finance Farm Development
 4    Authority, Illinois Housing Development  Authority,  Illinois
 5    Environmental  Protection Agency, and other federal and State
 6    programs  and  entities  providing  financing  assistance  to
 7    communities  for  public   health,   safety,   and   economic
 8    development infrastructure;
 9        (f-5)  provide staff, administration, and related support
10    required to manage the programs authorized under this Article
11    and pay for the staffing, administration, and related support
12    from  the  Public  Infrastructure Construction Loan Revolving
13    Fund;
14        (g)  exercise such  other  powers  as  are  necessary  or
15    incidental to the foregoing.
16    (Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)

17        Section  890-35.  The Livestock Management Facilities Act
18    is amended by changing Section 17 as follows:

19        (510 ILCS 77/17)
20        Sec. 17.  Financial responsibility.   Owners  of  new  or
21    modified  lagoons registered under the provisions of this Act
22    shall  establish   and   maintain   evidence   of   financial
23    responsibility  to provide for the closure of the lagoons and
24    the  proper  disposal  of  their  contents  within  the  time
25    provisions outlined in this  Act.   Financial  responsibility
26    may be evidenced by any combination of the following:
27        (1)  Commercial or private insurance;
28        (2)  Guarantee;
29        (3)  Surety bond;
30        (4)  Letter of credit;
31        (5)  Certificate   of   Deposit   or  designated  savings
32    account;
 
                            -210-    LRB093 08352 SJM 17243 a
 1        (6)  Participation in a livestock  waste  lagoon  closure
 2    fund   managed  by  the  Illinois  Finance  Farm  Development
 3    Authority.
 4        The level of surety required shall be determined by  rule
 5    and  be  based  upon  the  volumetric capacity of the lagoon.
 6    Surety instruments  required  under  this  Section  shall  be
 7    required  after  the  effective date of rules adopted for the
 8    implementation of this Act.
 9    (Source: P.A. 89-456, eff. 5-21-96; 90-565, eff. 6-1-98.)

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

12        (525 ILCS 15/4) (from Ch. 96 1/2, par. 9104)
13        Sec. 4. The Department shall: (a) Implement the  forestry
14    development  cost  share program created by Section 5 of this
15    Act and coordinate  with  the  United  States  Department  of
16    Agriculture  - Soil Conservation Service and the Agricultural
17    Stabilization and Conservation Service in the  administration
18    of such program.
19        (b)  Approve  acceptable  forestry  management  plans  as
20    required by Section 5 of this Act.
21        (c)  Provide   assistance  to  the  Illinois  Council  on
22    Forestry Development.
23        (d)  Promote  the  development  of  an  active   forestry
24    industry  in  this  State  by providing information to timber
25    growers  relating   to   acceptable   management   practices,
26    suitability of various kinds of timber to various land types,
27    marketability  of  various types of timber, market strategies
28    including marketing cooperatives, availability of  State  and
29    federal  government  assistance,  soil and water conservation
30    benefits, and wildlife habitat enhancement opportunities.
31        (e)  Provide any aid  or  information  requested  by  the
32    Illinois  Finance  Farm  Development Authority in relation to
 
                            -211-    LRB093 08352 SJM 17243 a
 1    forestry industry assistance programs implemented  under  the
 2    "Illinois Finance Authority Farm Development Act".
 3    (Source: P.A. 86-779.)

 4        (525 ILCS 15/6a) (from Ch. 96 1/2, par. 9106a)
 5        (Section scheduled to be repealed on December 31, 2008)
 6        Sec. 6a. Illinois Forestry Development Council.
 7        (a)  The  Illinois Forestry Development Council is hereby
 8    re-created  by  this  amendatory  Act  of  the  91st  General
 9    Assembly.
10        (b)  The Council shall consist of 24 members appointed as
11    follows:
12             (1)  four  members  of  the  General  Assembly,  one
13        appointed by the President of the Senate,  one  appointed
14        by  the  Senate  Minority  Leader,  one  appointed by the
15        Speaker  of  the  House  of  Representatives,   and   one
16        appointed by the House Minority Leader;
17             (2)  one   member   appointed  by  the  Governor  to
18        represent the Governor;
19             (3)  the Directors of  the  Departments  of  Natural
20        Resources,   Agriculture,   and  Commerce  and  Community
21        Affairs, the Executive Director of the  Illinois  Finance
22        Farm  Development  Authority,  and  the  Director  of the
23        Office of Rural Affairs, or their designees;
24             (4)  the chairman of the Department of Forestry or a
25        forestry  academician,   appointed   by   the   Dean   of
26        Agriculture    at   Southern   Illinois   University   at
27        Carbondale;
28             (5)  the head of the Department of Natural Resources
29        and Environmental Sciences  or  a  forestry  academician,
30        appointed by the Dean of Agriculture at the University of
31        Illinois;
32             (6)  two  members,  appointed  by  the Governor, who
33        shall be private timber growers;
 
                            -212-    LRB093 08352 SJM 17243 a
 1             (7)  one member, appointed by the president  of  the
 2        Illinois Wood Products Association, who shall be involved
 3        in primary forestry industry;
 4             (8)  one  member,  appointed by the president of the
 5        Illinois Wood Products Association, who shall be involved
 6        in secondary forestry industry;
 7             (9)  one  member  who  is   actively   involved   in
 8        environmental issues, appointed by the Governor;
 9             (10)  the  president  of the Association of Illinois
10        Soil and Water Conservation Districts;
11             (11)  two  persons  who  are  actively  engaged   in
12        farming, appointed by the Governor;
13             (12)  one  member,  appointed by the Governor, whose
14        primary area of expertise is urban forestry;
15             (13)  one member appointed by the President  of  the
16        Illinois Arborists Association;
17             (14)  the  Supervisor of the Shawnee National Forest
18        and the United States Department of  Agriculture  Natural
19        Resource Conservation Service's State Conservationist, ex
20        officio, or their designees.
21        (c)  Members   of   the   Council   shall  serve  without
22    compensation but shall  be  reimbursed  for  actual  expenses
23    incurred  in  the  performance  of their duties which are not
24    otherwise reimbursed.
25        (d)  The Council  shall  select  from  its  membership  a
26    chairperson   and   such   other  officers  as  it  considers
27    necessary.
28        (e)  Other individuals, agencies and organizations may be
29    invited to participate as deemed advisable by the Council.
30        (f)  The Council shall study and  evaluate  the  forestry
31    resources  and  forestry  industry  of Illinois.  The Council
32    shall:
33             (1)  determine the magnitude, nature and  extent  of
34        the State's forestry resources;
 
                            -213-    LRB093 08352 SJM 17243 a
 1             (2)  determine   current  uses  and  project  future
 2        demand for forest  products,  services  and  benefits  in
 3        Illinois;
 4             (3)  determine    and    evaluate    the   ownership
 5        characteristics of the State's forests, the  motives  for
 6        forest  ownership and the success of incentives necessary
 7        to stimulate development of forest resources;
 8             (4)  determine   the   economic   development    and
 9        management   opportunities   that   could   result   from
10        improvements   in   local  and  regional  forest  product
11        marketing and from the establishment of new or additional
12        wood-related businesses in Illinois;
13             (5)  confer  with  and  offer  assistance   to   the
14        Illinois  Finance  Farm Development Authority relating to
15        its implementation of forest industry assistance programs
16        authorized  by  the  Illinois  Finance   Authority   Farm
17        Development Act;
18             (6)  determine   the  opportunities  for  increasing
19        employment and economic  growth  through  development  of
20        forest resources;
21             (7)  determine  the  effect  of current governmental
22        policies and regulations on the management  of  woodlands
23        and the location of wood products markets;
24             (8)  determine  the  staffing  and funding needs for
25        forestry and other conservation programs to  support  and
26        enhance forest resources development;
27             (9)  determine   the  needs  of  forestry  education
28        programs in this State;
29             (10)  confer  with  and  offer  assistance  to   the
30        Department   of   Natural   Resources   relating  to  the
31        implementation  of  urban  forestry   assistance   grants
32        pursuant  to  the Urban and Community Forestry Assistance
33        Act; and
34             (11)  determine soil and water conservation benefits
 
                            -214-    LRB093 08352 SJM 17243 a
 1        and wildlife habitat enhancement opportunities  that  can
 2        be promoted through approved forestry management plans.
 3        (g)  The  Council  shall  report  (i)  its  findings  and
 4    recommendations   for   future  State  action  and  (ii)  its
 5    evaluation of Urban/Community Forestry Assistance  Grants  to
 6    the General Assembly no later than July 1 of each year.
 7        (h)  This Section 6a is repealed December 31, 2008.
 8    (Source: P.A. 90-809, eff. 12-31-98; 91-157, eff. 7-16-99.)

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

11        (30 ILCS 235/6) (from Ch. 85, par. 906)
12        Sec. 6. Report of financial institutions.
13        (a)  No bank shall receive any public funds unless it has
14    furnished  the  corporate  authorities  of  a  public  agency
15    submitting a deposit  with  copies  of  the  last  two  sworn
16    statements  of  resources  and  liabilities which the bank is
17    required to furnish to the Commissioner  of  Banks  and  Real
18    Estate  or  to  the  Comptroller  of the Currency.  Each bank
19    designated as a depository  for  public  funds  shall,  while
20    acting  as such depository, furnish the corporate authorities
21    of a public agency with a copy of all statements of resources
22    and liabilities which  it  is  required  to  furnish  to  the
23    Commissioner  of  Banks and Real Estate or to the Comptroller
24    of the Currency; provided, that if such funds or  moneys  are
25    deposited  in  a  bank,  the  amount of all such deposits not
26    collateralized  or  insured  by  an  agency  of  the  federal
27    government shall not exceed 75%  of  the  capital  stock  and
28    surplus  of  such  bank,  and  the corporate authorities of a
29    public agency submitting a deposit shall  not  be  discharged
30    from  responsibility for any funds or moneys deposited in any
31    bank in excess of such limitation.
32        (b)  No savings bank  or  savings  and  loan  association
 
                            -215-    LRB093 08352 SJM 17243 a
 1    shall  receive  public  funds  unless  it  has  furnished the
 2    corporate authorities of a public agency submitting a deposit
 3    with copies of the last 2 sworn statements of  resources  and
 4    liabilities  which  the  savings  bank  or  savings  and loan
 5    association is required to furnish  to  the  Commissioner  of
 6    Banks  and  Real  Estate  or  the  Federal  Deposit Insurance
 7    Corporation.   Each  savings  bank  or   savings   and   loan
 8    association  designated  as  a  depository  for  public funds
 9    shall, while acting as such depository, furnish the corporate
10    authorities of a public agency with a copy of all  statements
11    of  resources and liabilities which it is required to furnish
12    to the Commissioner of Banks and Real Estate or  the  Federal
13    Deposit  Insurance  Corporation; provided, that if such funds
14    or moneys are deposited in a savings bank or savings and loan
15    association,  the   amount   of   all   such   deposits   not
16    collateralized  or  insured  by  an  agency  of  the  federal
17    government  shall  not  exceed  75%  of the net worth of such
18    savings bank or savings and loan association  as  defined  by
19    the  Federal Deposit Insurance Corporation, and the corporate
20    authorities of a public agency submitting a deposit shall not
21    be discharged from responsibility for  any  funds  or  moneys
22    deposited in any savings bank or savings and loan association
23    in excess of such limitation.
24        (c)  No credit union shall receive public funds unless it
25    has  furnished  the  corporate authorities of a public agency
26    submitting a share  deposit  with  copies  of  the  last  two
27    reports  of  examination  prepared  by  or  submitted  to the
28    Illinois Department of Financial Institutions or the National
29    Credit Union Administration.  Each credit union designated as
30    a depository for public funds shall,  while  acting  as  such
31    depository,  furnish  the  corporate  authorities of a public
32    agency with a copy of all reports of examination prepared  by
33    or   furnished   to  the  Illinois  Department  of  Financial
34    Institutions or the  National  Credit  Union  Administration;
 
                            -216-    LRB093 08352 SJM 17243 a
 1    provided  that  if  such  funds  or  moneys are invested in a
 2    credit union account, the amount of all such investments  not
 3    collateralized  or  insured  by  an  agency  of  the  federal
 4    government  or  other approved share insurer shall not exceed
 5    50% of the unimpaired capital  and  surplus  of  such  credit
 6    union,  which  shall  include  shares, reserves and undivided
 7    earnings and the corporate authorities  of  a  public  agency
 8    making   an   investment   shall   not   be  discharged  from
 9    responsibility for any funds or moneys invested in  a  credit
10    union in excess of such limitation.
11        (d)  Whenever  a  public agency deposits any public funds
12    in a financial institution, the public agency may enter  into
13    an  agreement  with  the  financial institution requiring any
14    funds  not  insured  by   the   Federal   Deposit   Insurance
15    Corporation  or  the  National Credit Union Administration or
16    other  approved  share  insurer  to  be   collateralized   by
17    securities,  mortgages, letters of credit issued by a Federal
18    Home Loan Bank, or loans covered by a  State  Guaranty  under
19    the  Illinois  Finance  Authority  Farm Development Act in an
20    amount equal to at least market value of that amount of funds
21    deposited exceeding the insurance limitation provided by  the
22    Federal  Deposit Insurance Corporation or the National Credit
23    Union Administration or other approved share insurer.
24        (e)  Paragraphs (a), (b), (c), and (d) of this Section do
25    not apply to the University of  Illinois,  Southern  Illinois
26    University,   Chicago   State  University,  Eastern  Illinois
27    University,  Governors  State  University,   Illinois   State
28    University,   Northeastern   Illinois   University,  Northern
29    Illinois  University,  Western   Illinois   University,   the
30    Cooperative Computer Center and public community colleges.
31    (Source: P.A. 91-324, eff. 1-1-00; 91-773, eff. 6-9-00.)

32        Section  890-38.  The Children and Family Services Act is
33    amended by changing Section 22.4 as follows:
 
                            -217-    LRB093 08352 SJM 17243 a
 1        (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
 2        Sec. 22.4. Low-interest loans for child care  facilities;
 3    Department   of  Human  Services.  The  Department  of  Human
 4    Services may establish, with financing to be provided through
 5    the  issuance  of  bonds  by  the  Illinois  Finance   Health
 6    Facilities  Authority pursuant to the Illinois Finance Health
 7    Facilities Authority Act, as  now  or  hereafter  amended,  a
 8    low-interest  loan  program  to  help  child care centers and
 9    family day care homes accomplish the following:
10             (a)  establish a child care program;
11             (b)  meet  federal,  State  and  local  child   care
12        standards  as  well  as  any applicable health and safety
13        standards; or
14             (c)  build facilities or renovate or expand existing
15        facilities.
16        Such loans shall be available only to child care  centers
17    and  family  day  care  homes  serving children of low income
18    families.
19    (Source: P.A. 89-507, eff. 7-1-97.)

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

22        (20 ILCS 1105/15) (from Ch. 96 1/2, par. 7415)
23        Sec.  15.   (a)  The  Department, in cooperation with the
24    Illinois Development Finance  Authority,  shall  establish  a
25    program  to  assist  units of local government, as defined in
26    the Illinois Development Finance Authority Act,  to  identify
27    and  arrange  financing  for energy conservation projects for
28    buildings and facilities owned or leased by  those  units  of
29    local government.
30        (b)  The  Department,  in  cooperation  with the Illinois
31    Finance  Health  Facilities  Authority,  shall  establish   a
32    program  to  assist health facilities to identify and arrange
 
                            -218-    LRB093 08352 SJM 17243 a
 1    financing for energy conservation projects for buildings  and
 2    facilities owned or leased by those health facilities.
 3    (Source: P.A. 87-852; 88-45.)

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

 6        (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
 7        Sec. 11-3.  Assignment and attachment of aid  prohibited.
 8    Except  as  provided  below  in  this  Section and in Section
 9    11-3.3, all financial aid given under Articles  III,  IV,  V,
10    and VI and money payments for child care services provided by
11    a  child care provider under Articles IX and IXA shall not be
12    subject to  assignment,  sale,  attachment,  garnishment,  or
13    otherwise.   Provided, however, that a medical vendor may use
14    his right to receive vendor payments as collateral for  loans
15    from  financial  institutions so long as such arrangements do
16    not  constitute  any  activity   prohibited   under   Section
17    1902(a)(32)  of  the  Social  Security  Act  and  regulations
18    promulgated  thereunder,  or  any  other  applicable  laws or
19    regulations. Provided further, however,  that  a  medical  or
20    other  vendor  or  a  service  provider may assign, reassign,
21    sell, pledge  or  grant  a  security  interest  in  any  such
22    financial  aid,  vendor  payments or money payments or grants
23    which he has a right  to  receive  to  the  Illinois  Finance
24    Health Facilities Authority, in connection with any financing
25    program  undertaken by the Illinois Finance Health Facilities
26    Authority, or to the Illinois Development Finance  Authority,
27    in  connection  with  any financing program undertaken by the
28    Illinois Development Finance Authority.  Each  Authority  may
29    utilize  a trustee or agent to accept, accomplish, effectuate
30    or realize upon  any  such  assignment,  reassignment,  sale,
31    pledge or grant on that Authority's behalf. Provided further,
32    however,  that  nothing  herein  shall  prevent  the Illinois
 
                            -219-    LRB093 08352 SJM 17243 a
 1    Department from collecting any assessment, fee,  interest  or
 2    penalty   due   under  Article  V-A,  V-B,  V-C,  or  V-E  by
 3    withholding financial aid as payment of such assessment, fee,
 4    interest, or penalty. Any alienation in contravention of this
 5    statute does not diminish and does not affect  the  validity,
 6    legality  or enforceability of any underlying obligations for
 7    which such  alienation  may  have  been  made  as  collateral
 8    between  the  parties to the alienation.  This amendatory Act
 9    shall be retroactive in  application  and  shall  pertain  to
10    obligations existing prior to its enactment.
11    (Source: P.A. 92-111, eff. 1-1-02.)

12        (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
13        Sec.  11-3.3.  Payment to provider or governmental agency
14    or entity.  Payments under this Code shall  be  made  to  the
15    provider,  except  that the Department may issue or may agree
16    to issue the payment directly to the Illinois Finance  Health
17    Facilities   Authority,   the  Illinois  Development  Finance
18    Authority,  or  any  other  governmental  agency  or  entity,
19    including any bond trustee for that agency or entity, to whom
20    the provider  has  assigned,  reassigned,  sold,  pledged  or
21    granted a security interest in the payments that the provider
22    has  a  right  to  receive,  provided  that  the  issuance or
23    agreement  to  issue  is   not   prohibited   under   Section
24    1902(a)(32) of the Social Security Act.
25    (Source: P.A. 87-842.)

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

28        (410 ILCS 305/3) (from Ch. 111 1/2, par. 7303)
29        Sec. 3.  When used in this Act:
30        (a)  "Department" means the Illinois Department of Public
31    Health.
 
                            -220-    LRB093 08352 SJM 17243 a
 1        (b)  "AIDS" means acquired immunodeficiency syndrome.
 2        (c)  "HIV" means the Human Immunodeficiency Virus or  any
 3    other identified causative agent of AIDS.
 4        (d)  "Written  informed  consent"  means  an agreement in
 5    writing executed by the subject of a test  or  the  subject's
 6    legally authorized representative without undue inducement or
 7    any  element of force, fraud, deceit, duress or other form of
 8    constraint or coercion, which entails at least the following:
 9        (1)  a  fair  explanation  of  the  test,  including  its
10    purpose, potential uses, limitations and the meaning  of  its
11    results; and
12        (2)  a fair explanation of the procedures to be followed,
13    including  the  voluntary  nature  of  the test, the right to
14    withdraw consent to the testing  process  at  any  time,  the
15    right to anonymity to the extent provided by law with respect
16    to  participation in the test and disclosure of test results,
17    and  the  right  to  confidential  treatment  of  information
18    identifying the subject of the test and the  results  of  the
19    test, to the extent provided by law.
20        (e)  "Health  facility"  means  a hospital, nursing home,
21    blood bank, blood center, sperm bank, or  other  health  care
22    institution,  including any "health facility" as that term is
23    defined in the Illinois Finance Health  Facilities  Authority
24    Act.
25        (f)  "Health  care  provider" means any physician, nurse,
26    paramedic, psychologist or other  person  providing  medical,
27    nursing,  psychological, or other health care services of any
28    kind.
29        (g)  "Test" or "HIV test" means a test to  determine  the
30    presence  of  the  antibody  or  antigen  to  HIV,  or of HIV
31    infection.
32        (h)  "Person" includes any natural  person,  partnership,
33    association,   joint  venture,  trust,  governmental  entity,
34    public or private corporation, health facility or other legal
 
                            -221-    LRB093 08352 SJM 17243 a
 1    entity.
 2    (Source: P.A. 85-677; 85-679.)

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

 5        (5 ILCS 375/3) (from Ch. 127, par. 523)
 6        Sec.   3.  Definitions.   Unless  the  context  otherwise
 7    requires, the following words and phrases as used in this Act
 8    shall have the following meanings.  The Department may define
 9    these and other words and phrases separately for the  purpose
10    of  implementing  specific  programs providing benefits under
11    this Act.
12        (a)  "Administrative  service  organization"  means   any
13    person,  firm  or  corporation experienced in the handling of
14    claims  which  is  fully  qualified,  financially  sound  and
15    capable of meeting the service requirements of a contract  of
16    administration executed with the Department.
17        (b)  "Annuitant"  means  (1)  an employee who retires, or
18    has retired, on or after January  1,  1966  on  an  immediate
19    annuity under the provisions of Articles 2, 14, 15 (including
20    an  employee  who  has  retired under the optional retirement
21    program established under Section 15-158.2), paragraphs  (2),
22    (3),  or (5) of Section 16-106, or Article 18 of the Illinois
23    Pension  Code;  (2)  any  person  who  was  receiving   group
24    insurance  coverage  under  this  Act as of March 31, 1978 by
25    reason of his status as an annuitant, even though the annuity
26    in  relation  to  which  such  coverage  was  provided  is  a
27    proportional annuity based on less than the minimum period of
28    service required for  a  retirement  annuity  in  the  system
29    involved;  (3)  any  person not otherwise covered by this Act
30    who has retired as a participating member under Article 2  of
31    the   Illinois   Pension  Code  but  is  ineligible  for  the
32    retirement  annuity  under  Section  2-119  of  the  Illinois
 
                            -222-    LRB093 08352 SJM 17243 a
 1    Pension Code; (4) the spouse of any person who is receiving a
 2    retirement annuity under Article 18 of the  Illinois  Pension
 3    Code  and  who  is  covered  under  a  group health insurance
 4    program sponsored by a governmental employer other  than  the
 5    State  of  Illinois  and who has irrevocably elected to waive
 6    his or her coverage under this Act and to  have  his  or  her
 7    spouse  considered  as the "annuitant" under this Act and not
 8    as a "dependent"; or (5) an  employee  who  retires,  or  has
 9    retired,  from  a qualified position, as determined according
10    to rules promulgated by the Director, under a qualified local
11    government  or  a  qualified  rehabilitation  facility  or  a
12    qualified  domestic  violence  shelter   or   service.   (For
13    definition of "retired employee", see (p) post).
14        (b-5)  "New  SERS  annuitant"  means  a person who, on or
15    after January 1, 1998, becomes an annuitant,  as  defined  in
16    subsection   (b),   by  virtue  of  beginning  to  receive  a
17    retirement annuity under Article 14 of the  Illinois  Pension
18    Code,  and is eligible to participate in the basic program of
19    group health benefits provided for annuitants under this Act.
20        (b-6)  "New SURS annuitant" means a person who (1) on  or
21    after  January  1,  1998, becomes an annuitant, as defined in
22    subsection  (b),  by  virtue  of  beginning  to   receive   a
23    retirement  annuity  under Article 15 of the Illinois Pension
24    Code, (2) has not made the election authorized under  Section
25    15-135.1 of the Illinois Pension Code, and (3) is eligible to
26    participate  in  the  basic  program of group health benefits
27    provided for annuitants under this Act.
28        (b-7)  "New TRS State annuitant" means a person  who,  on
29    or  after  July  1, 1998, becomes an annuitant, as defined in
30    subsection  (b),  by  virtue  of  beginning  to   receive   a
31    retirement  annuity  under Article 16 of the Illinois Pension
32    Code based on service as a teacher as  defined  in  paragraph
33    (2),  (3),  or  (5)  of  Section  16-106 of that Code, and is
34    eligible to participate in the basic program of group  health
 
                            -223-    LRB093 08352 SJM 17243 a
 1    benefits provided for annuitants under this Act.
 2        (c)  "Carrier"   means   (1)   an  insurance  company,  a
 3    corporation  organized  under  the  Limited  Health   Service
 4    Organization Act or the Voluntary Health Services Plan Act, a
 5    partnership,  or other nongovernmental organization, which is
 6    authorized  to  do  group  life  or  group  health  insurance
 7    business in Illinois, or (2)  the  State  of  Illinois  as  a
 8    self-insurer.
 9        (d)  "Compensation"  means  salary  or wages payable on a
10    regular payroll by the State Treasurer on a  warrant  of  the
11    State Comptroller out of any State, trust or federal fund, or
12    by  the Governor of the State through a disbursing officer of
13    the State out of a trust or out of federal funds, or  by  any
14    Department  out  of State, trust, federal or other funds held
15    by the State Treasurer or the Department, to any  person  for
16    personal   services  currently  performed,  and  ordinary  or
17    accidental disability  benefits  under  Articles  2,  14,  15
18    (including  ordinary  or accidental disability benefits under
19    the optional retirement  program  established  under  Section
20    15-158.2),  paragraphs (2), (3), or (5) of Section 16-106, or
21    Article 18 of  the  Illinois  Pension  Code,  for  disability
22    incurred after January 1, 1966, or benefits payable under the
23    Workers'   Compensation   or  Occupational  Diseases  Act  or
24    benefits  payable  under  a  sick  pay  plan  established  in
25    accordance  with  Section  36  of  the  State  Finance   Act.
26    "Compensation" also means salary or wages paid to an employee
27    of any qualified local government or qualified rehabilitation
28    facility or a qualified domestic violence shelter or service.
29        (e)  "Commission"   means   the   State  Employees  Group
30    Insurance  Advisory  Commission  authorized  by   this   Act.
31    Commencing  July  1,  1984,  "Commission" as used in this Act
32    means  the  Illinois  Economic  and  Fiscal   Commission   as
33    established  by the Legislative Commission Reorganization Act
34    of 1984.
 
                            -224-    LRB093 08352 SJM 17243 a
 1        (f)  "Contributory", when  referred  to  as  contributory
 2    coverage,  shall  mean optional coverages or benefits elected
 3    by the member toward the cost  of  which  such  member  makes
 4    contribution, or which are funded in whole or in part through
 5    the acceptance of a reduction in earnings or the foregoing of
 6    an increase in earnings by an employee, as distinguished from
 7    noncontributory  coverage or benefits which are paid entirely
 8    by the State of Illinois without reduction  of  the  member's
 9    salary.
10        (g)  "Department"   means  any  department,  institution,
11    board, commission, officer, court or any agency of the  State
12    government  receiving  appropriations  and  having  power  to
13    certify  payrolls  to the Comptroller authorizing payments of
14    salary and wages against such appropriations as are  made  by
15    the  General  Assembly  from any State fund, or against trust
16    funds held by the State  Treasurer  and  includes  boards  of
17    trustees of the retirement systems created by Articles 2, 14,
18    15,  16  and  18  of the Illinois Pension Code.  "Department"
19    also includes the  Illinois  Comprehensive  Health  Insurance
20    Board,  the Board of Examiners established under the Illinois
21    Public Accounting Act, and  the  Illinois  Finance  Authority
22    Rural Bond Bank.
23        (h)  "Dependent", when the term is used in the context of
24    the  health  and  life  plan, means a member's spouse and any
25    unmarried child (1) from birth to age 19 including an adopted
26    child, a child who lives with the member from the time of the
27    filing of a petition for adoption until entry of an order  of
28    adoption,  a stepchild or recognized child who lives with the
29    member in a parent-child relationship, or a child  who  lives
30    with  the member if such member is a court appointed guardian
31    of the child, or (2) age 19 to 23  enrolled  as  a  full-time
32    student  in any accredited school, financially dependent upon
33    the member, and eligible to be claimed  as  a  dependent  for
34    income tax purposes, or (3) age 19 or over who is mentally or
 
                            -225-    LRB093 08352 SJM 17243 a
 1    physically  handicapped.  For  the health plan only, the term
 2    "dependent" also includes any person enrolled  prior  to  the
 3    effective  date  of  this  Section  who is dependent upon the
 4    member to the extent that the member may claim such person as
 5    a dependent for income tax deduction purposes; no other  such
 6    person  may  be  enrolled. For the health plan only, the term
 7    "dependent" also includes any person who has  received  after
 8    June  30,  2000  an  organ  transplant and who is financially
 9    dependent upon the member and eligible to  be  claimed  as  a
10    dependent for income tax purposes.
11        (i)  "Director"   means  the  Director  of  the  Illinois
12    Department of Central Management Services.
13        (j)  "Eligibility period" means  the  period  of  time  a
14    member  has  to  elect  enrollment  in  programs or to select
15    benefits without regard to age, sex or health.
16        (k)  "Employee"  means  and  includes  each  officer   or
17    employee  in the service of a department who (1) receives his
18    compensation for service rendered  to  the  department  on  a
19    warrant   issued   pursuant  to  a  payroll  certified  by  a
20    department or on a warrant or check issued  and  drawn  by  a
21    department  upon  a  trust,  federal  or  other  fund or on a
22    warrant issued pursuant to a payroll certified by an  elected
23    or  duly  appointed  officer  of  the  State  or who receives
24    payment of the performance of personal services on a  warrant
25    issued  pursuant  to  a payroll certified by a Department and
26    drawn by the Comptroller upon  the  State  Treasurer  against
27    appropriations  made by the General Assembly from any fund or
28    against trust funds held by the State Treasurer, and  (2)  is
29    employed  full-time  or  part-time  in  a  position  normally
30    requiring actual performance of duty during not less than 1/2
31    of  a  normal  work period, as established by the Director in
32    cooperation with each department, except that persons elected
33    by popular vote  will  be  considered  employees  during  the
34    entire  term  for  which they are elected regardless of hours
 
                            -226-    LRB093 08352 SJM 17243 a
 1    devoted to the service of the  State,  and  (3)  except  that
 2    "employee" does not include any person who is not eligible by
 3    reason  of  such person's employment to participate in one of
 4    the State retirement systems under Articles 2, 14, 15 (either
 5    the regular Article 15  system  or  the  optional  retirement
 6    program  established  under Section 15-158.2) or 18, or under
 7    paragraph (2), (3), or (5) of Section 16-106, of the Illinois
 8    Pension Code, but such term  does  include  persons  who  are
 9    employed  during  the 6 month qualifying period under Article
10    14 of the Illinois Pension Code.  Such term also includes any
11    person who (1) after January 1, 1966, is  receiving  ordinary
12    or  accidental  disability  benefits under Articles 2, 14, 15
13    (including ordinary or accidental disability  benefits  under
14    the  optional  retirement  program  established under Section
15    15-158.2), paragraphs (2), (3), or (5) of Section 16-106,  or
16    Article  18  of  the  Illinois  Pension  Code, for disability
17    incurred after January 1, 1966, (2) receives total  permanent
18    or total temporary disability under the Workers' Compensation
19    Act  or  Occupational  Disease  Act  as  a result of injuries
20    sustained or illness contracted in the course  of  employment
21    with  the  State of Illinois, or (3) is not otherwise covered
22    under this Act and has  retired  as  a  participating  member
23    under   Article  2  of  the  Illinois  Pension  Code  but  is
24    ineligible for the retirement annuity under Section 2-119  of
25    the  Illinois  Pension Code.  However, a person who satisfies
26    the criteria of the foregoing definition of "employee" except
27    that such person is made ineligible  to  participate  in  the
28    State   Universities  Retirement  System  by  clause  (4)  of
29    subsection (a) of Section 15-107 of the Illinois Pension Code
30    is  also  an  "employee"  for  the  purposes  of  this   Act.
31    "Employee" also includes any person receiving or eligible for
32    benefits under a sick pay plan established in accordance with
33    Section 36 of the State Finance Act. "Employee" also includes
34    each  officer or employee in the service of a qualified local
 
                            -227-    LRB093 08352 SJM 17243 a
 1    government,  including  persons  appointed  as  trustees   of
 2    sanitary districts regardless of hours devoted to the service
 3    of the sanitary district, and each employee in the service of
 4    a   qualified  rehabilitation  facility  and  each  full-time
 5    employee in the service  of  a  qualified  domestic  violence
 6    shelter   or   service,  as  determined  according  to  rules
 7    promulgated by the Director.
 8        (l)  "Member"  means  an  employee,  annuitant,   retired
 9    employee or survivor.
10        (m)  "Optional   coverages   or   benefits"  means  those
11    coverages or benefits available to the member on his  or  her
12    voluntary election, and at his or her own expense.
13        (n)  "Program"  means  the  group  life insurance, health
14    benefits and other employee benefits designed and  contracted
15    for by the Director under this Act.
16        (o)  "Health   plan"  means  a  health  benefits  program
17    offered by the State of Illinois for persons eligible for the
18    plan.
19        (p)  "Retired employee" means any person who would be  an
20    annuitant  as  that  term  is defined herein but for the fact
21    that such person retired prior to January 1, 1966.  Such term
22    also includes any person formerly employed by the  University
23    of Illinois in the Cooperative Extension Service who would be
24    an  annuitant  but  for  the  fact  that such person was made
25    ineligible  to  participate   in   the   State   Universities
26    Retirement  System by clause (4) of subsection (a) of Section
27    15-107 of the Illinois Pension Code.
28        (q)  "Survivor" means a person receiving an annuity as  a
29    survivor  of an employee or of an annuitant.  "Survivor" also
30    includes:  (1)  the  surviving  dependent  of  a  person  who
31    satisfies the  definition  of  "employee"  except  that  such
32    person  is  made  ineligible  to  participate  in  the  State
33    Universities  Retirement  System  by clause (4) of subsection
34    (a) of Section 15-107 of the Illinois Pension Code;  and  (2)
 
                            -228-    LRB093 08352 SJM 17243 a
 1    the  surviving  dependent  of any person formerly employed by
 2    the University  of  Illinois  in  the  Cooperative  Extension
 3    Service  who  would  be an annuitant except for the fact that
 4    such person was made ineligible to participate in  the  State
 5    Universities  Retirement  System  by clause (4) of subsection
 6    (a) of Section 15-107 of the Illinois Pension Code.
 7        (q-5)  "New SERS survivor" means a survivor,  as  defined
 8    in  subsection (q), whose annuity is paid under Article 14 of
 9    the Illinois Pension Code and is based on the death of (i) an
10    employee whose death occurs on or after January 1,  1998,  or
11    (ii) a new SERS annuitant as defined in subsection (b-5).
12        (q-6)  "New  SURS  survivor" means a survivor, as defined
13    in subsection (q), whose annuity is paid under Article 15  of
14    the Illinois Pension Code and is based on the death of (i) an
15    employee  whose  death occurs on or after January 1, 1998, or
16    (ii) a new SURS annuitant as defined in subsection (b-6).
17        (q-7)  "New TRS State  survivor"  means  a  survivor,  as
18    defined  in  subsection  (q),  whose  annuity  is  paid under
19    Article 16 of the Illinois Pension Code and is based  on  the
20    death  of  (i)  an  employee  who  is a teacher as defined in
21    paragraph (2), (3), or (5) of Section 16-106 of that Code and
22    whose death occurs on or after July 1, 1998, or  (ii)  a  new
23    TRS State annuitant as defined in subsection (b-7).
24        (r)  "Medical   services"  means  the  services  provided
25    within the scope of their licenses by  practitioners  in  all
26    categories licensed under the Medical Practice Act of 1987.
27        (s)  "Unit   of   local  government"  means  any  county,
28    municipality,  township,   school   district   (including   a
29    combination  of  school districts under the Intergovernmental
30    Cooperation Act), special district or other unit,  designated
31    as a unit of local government by law, which exercises limited
32    governmental   powers   or   powers  in  respect  to  limited
33    governmental subjects, any not-for-profit association with  a
34    membership  that  primarily  includes  townships and township
 
                            -229-    LRB093 08352 SJM 17243 a
 1    officials, that has duties that include provision of research
 2    service, dissemination of information, and other acts for the
 3    purpose of improving township government, and that is  funded
 4    wholly  or  partly  in  accordance  with Section 85-15 of the
 5    Township Code; any not-for-profit corporation or association,
 6    with a membership  consisting  primarily  of  municipalities,
 7    that  operates its own utility system, and provides research,
 8    training, dissemination of  information,  or  other  acts  to
 9    promote  cooperation  between  and  among municipalities that
10    provide utility services and for the advancement of the goals
11    and  purposes  of  its  membership;  the  Southern   Illinois
12    Collegiate  Common  Market,  which  is a consortium of higher
13    education institutions in Southern Illinois; and the Illinois
14    Association of Park Districts.  "Qualified local  government"
15    means a unit of local government approved by the Director and
16    participating  in  a  program created under subsection (i) of
17    Section 10 of this Act.
18        (t)  "Qualified  rehabilitation   facility"   means   any
19    not-for-profit   organization   that  is  accredited  by  the
20    Commission on Accreditation of Rehabilitation  Facilities  or
21    certified  by  the Department of Human Services (as successor
22    to  the  Department  of  Mental  Health   and   Developmental
23    Disabilities)   to   provide   services   to   persons   with
24    disabilities  and  which  receives  funds  from  the State of
25    Illinois  for  providing  those  services,  approved  by  the
26    Director  and  participating  in  a  program  created   under
27    subsection (j) of Section 10 of this Act.
28        (u)  "Qualified  domestic  violence  shelter  or service"
29    means any Illinois domestic violence shelter or  service  and
30    its  administrative offices funded by the Department of Human
31    Services (as successor to the Illinois Department  of  Public
32    Aid), approved by the Director and participating in a program
33    created under subsection (k) of Section 10.
34        (v)  "TRS benefit recipient" means a person who:
 
                            -230-    LRB093 08352 SJM 17243 a
 1             (1)  is  not  a "member" as defined in this Section;
 2        and
 3             (2)  is receiving a monthly  benefit  or  retirement
 4        annuity  under  Article  16 of the Illinois Pension Code;
 5        and
 6             (3)  either (i) has at least 8 years  of  creditable
 7        service under Article 16 of the Illinois Pension Code, or
 8        (ii) was enrolled in the health insurance program offered
 9        under  that  Article  on January 1, 1996, or (iii) is the
10        survivor of a benefit recipient who had at least 8  years
11        of  creditable  service  under Article 16 of the Illinois
12        Pension Code or was  enrolled  in  the  health  insurance
13        program  offered under that Article on the effective date
14        of this amendatory Act of 1995, or (iv) is a recipient or
15        survivor of a recipient of  a  disability  benefit  under
16        Article 16 of the Illinois Pension Code.
17        (w)  "TRS dependent beneficiary" means a person who:
18             (1)  is  not a "member" or "dependent" as defined in
19        this Section; and
20             (2)  is a TRS benefit recipient's: (A)  spouse,  (B)
21        dependent parent who is receiving at least half of his or
22        her  support  from  the  TRS  benefit  recipient,  or (C)
23        unmarried natural or adopted child who is (i)  under  age
24        19,  or  (ii)  enrolled  as  a  full-time  student  in an
25        accredited school, financially  dependent  upon  the  TRS
26        benefit  recipient, eligible to be claimed as a dependent
27        for income tax purposes, and either is under  age  24  or
28        was,  on  January  1,  1996, participating as a dependent
29        beneficiary in the health insurance program offered under
30        Article 16 of the Illinois Pension Code, or (iii) age  19
31        or over who is mentally or physically handicapped.
32        (x)  "Military  leave  with  pay  and benefits" refers to
33    individuals in basic training for reserves,  special/advanced
34    training,  annual  training, emergency call up, or activation
 
                            -231-    LRB093 08352 SJM 17243 a
 1    by the President of the United States with approved  pay  and
 2    benefits.
 3        (y)  "Military  leave without pay and benefits" refers to
 4    individuals who enlist for active duty in a regular component
 5    of the U.S. Armed Forces  or  other  duty  not  specified  or
 6    authorized under military leave with pay and benefits.
 7        (z)  "Community college benefit recipient" means a person
 8    who:
 9             (1)  is  not  a "member" as defined in this Section;
10        and
11             (2)  is receiving a monthly  survivor's  annuity  or
12        retirement  annuity  under  Article  15  of  the Illinois
13        Pension Code; and
14             (3)  either  (i)  was  a  full-time  employee  of  a
15        community college district or an association of community
16        college boards created under the Public Community College
17        Act (other than an employee  whose  last  employer  under
18        Article  15  of the Illinois Pension Code was a community
19        college district subject to Article  VII  of  the  Public
20        Community College Act) and was eligible to participate in
21        a  group  health  benefit  plan as an employee during the
22        time of employment  with  a  community  college  district
23        (other  than  a  community  college  district  subject to
24        Article VII of the Public Community College  Act)  or  an
25        association  of  community college boards, or (ii) is the
26        survivor of a person described in item (i).
27        (aa)  "Community college dependent beneficiary"  means  a
28    person who:
29             (1)  is  not a "member" or "dependent" as defined in
30        this Section; and
31             (2)  is a community college benefit recipient's: (A)
32        spouse, (B) dependent parent who is  receiving  at  least
33        half  of  his  or  her support from the community college
34        benefit recipient, or (C) unmarried  natural  or  adopted
 
                            -232-    LRB093 08352 SJM 17243 a
 1        child  who  is  (i)  under  age 19, or (ii) enrolled as a
 2        full-time student in an  accredited  school,  financially
 3        dependent  upon  the community college benefit recipient,
 4        eligible to be claimed as  a  dependent  for  income  tax
 5        purposes  and  under  age 23, or (iii) age 19 or over and
 6        mentally or physically handicapped.
 7    (Source: P.A. 91-390, eff.  7-30-99;  91-395,  eff.  7-30-99;
 8    91-617,  eff.  8-19-99;  92-16,  eff.  6-28-01;  92-186, eff.
 9    1-1-02; 92-204, eff. 8-1-01; 92-651, eff. 7-11-02.)

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

12        (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
13        Sec.  8-3.  Powers of the Department.  The Department has
14    the power to:
15        (a)  provide business development  public  infrastructure
16    loans  or  grants from appropriations from the Build Illinois
17    Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
18    Illinois'  Future, and the Public Infrastructure Construction
19    Loan Fund to  local  governments  to  provide  or  improve  a
20    community's  public  infrastructure so as to create or retain
21    private sector  jobs  pursuant  to  the  provisions  of  this
22    Article;
23        (b)  provide     affordable     financing    of    public
24    infrastructure loans and grants to, or on  behalf  of,  local
25    governments,  local  public entities, medical facilities, and
26    public health clinics from  appropriations  from  the  Public
27    Infrastructure  Construction  Loan  Fund  for  the purpose of
28    assisting with the financing, or application  and  access  to
29    financing,  of  a community's public infrastructure necessary
30    to health, safety, and economic development;
31        (c)  enter into agreements, accept funds or  grants,  and
32    engage   in   cooperation   with   agencies  of  the  federal
 
                            -233-    LRB093 08352 SJM 17243 a
 1    government, or state or local governments to  carry  out  the
 2    purposes  of  this  Article,  and  to  use funds appropriated
 3    pursuant  to  this  Article   to   participate   in   federal
 4    infrastructure  loan  and  grant programs upon such terms and
 5    conditions as may be established by the federal government;
 6        (d)  establish application, notification,  contract,  and
 7    other  procedures, rules, or regulations deemed necessary and
 8    appropriate to carry out the provisions of this Article;
 9        (e)  coordinate  assistance  under  this   program   with
10    activities  of  the Illinois Development Finance Authority in
11    order to maximize the effectiveness and efficiency  of  State
12    development programs;
13        (f)  coordinate assistance under the Affordable Financing
14    of  Public  Infrastructure  Loan  and  Grant Program with the
15    activities of the  Illinois  Development  Finance  Authority,
16    Illinois  Finance  Authority  Rural  Bond Bank, Illinois Farm
17    Development   Authority,   Illinois    Housing    Development
18    Authority,  Illinois  Environmental  Protection  Agency,  and
19    other  federal  and  State  programs  and  entities providing
20    financing  assistance  to  communities  for  public   health,
21    safety, and economic development infrastructure;
22        (f-5)  provide staff, administration, and related support
23    required to manage the programs authorized under this Article
24    and pay for the staffing, administration, and related support
25    from  the  Public  Infrastructure Construction Loan Revolving
26    Fund;
27        (g)  exercise such  other  powers  as  are  necessary  or
28    incidental to the foregoing.
29    (Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)

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

32        (40 ILCS 5/14-103.04) (from Ch. 108 1/2, par. 14-103.04)
 
                            -234-    LRB093 08352 SJM 17243 a
 1        Sec.   14-103.04.    Department.     "Department":    Any
 2    department,  institution,  board, commission, officer, court,
 3    or any agency of the State having power to  certify  payrolls
 4    to  the  State  Comptroller authorizing payments of salary or
 5    wages against State appropriations, or  against  trust  funds
 6    held   by  the  State  Treasurer,  except  those  departments
 7    included under the term "employer" in the State  Universities
 8    Retirement   System.    "Department"  includes  the  Illinois
 9    Development Finance Authority.   "Department"  also  includes
10    the  Illinois  Comprehensive  Health  Insurance Board and the
11    Illinois Finance Authority Rural Bond Bank.
12    (Source: P.A. 90-511, eff. 8-22-97.)

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

14        (20 ILCS 3505/Act rep.)
15        The Illinois Development Finance Authority Act.

16        (20 ILCS 3605/Act rep.)
17        The Illinois Farm Development Act.

18        (20 ILCS 3705/Act rep.)
19        The Illinois Health Facilities Authority Act.

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

22        (30 ILCS 360/Act rep.)
23        The Rural Bond Bank Act.

24        (110 ILCS 1015/Act rep.)
25        The Illinois Educational Facilities Authority Act.

26        (315 ILCS 15/Act rep.)
 
                            -235-    LRB093 08352 SJM 17243 a
 1        The Illinois Community  Development  Finance  Corporation
 2    Act.

 3                             ARTICLE 999

 4        Section  999-99.  Effective  date.  This Act takes effect
 5    on January 1, 2004.".