HB5946eng 95TH GENERAL ASSEMBLY

HB5946 Engrossed LRB095 17090 BDD 43143 b

AN ACT concerning economic development.

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

Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-927 as follows:

(20 ILCS 605/605-927 new)

Sec. 605-927. Grants to local economic development organizations.

(a) Subject to appropriation, the Department must develop a program to make grants to local development organizations. Under this program, a county or municipality may apply to the Department for a grant to be awarded to a local development organization in that county or municipality for the purpose of fostering local or regional economic development. A local development organization is not eligible to receive grant moneys under this Section if it has publicly endorsed any political candidate or if it distributes political questionnaires. Organizations receiving funds under this Section may be required to submit to audits by the Department. Documents produced under the grant program are subject to the provisions of the Freedom of Information Act.

(b) For purposes of this Section, "local development organization" means a private or public entity organized for the purpose of the economic development within a municipality, county, or region of the State.

(c) All grant awards under this Section are subject to appropriation and may be used for any of the following:

(1) expenses related to the start-up or expansion of a local development organization;

(2) local or regional economic development planning and related studies; and

(3) any other specific use authorized by the Department relating to the start-up or expansion of and economic planning by a local economic development organization.

(d) Notwithstanding any other rulemaking authority that may exist, neither the Governor nor any agency or agency head under the jurisdiction of the Governor has any authority to make or promulgate rules to implement or enforce the provisions of this amendatory Act of the 95th General Assembly. If, however, the Governor believes that rules are necessary to implement or enforce the provisions of this amendatory Act of the 95th General Assembly, the Governor may suggest rules to the General Assembly by filing them with the Clerk of the House and the Secretary of the Senate and by requesting that the General Assembly authorize such rulemaking by law, enact those suggested rules into law, or take any other appropriate action in the General Assembly's discretion. Nothing contained in this amendatory Act of the 95th General Assembly shall be interpreted to grant rulemaking authority under any other Illinois statute where such authority is not otherwise explicitly given. For the purposes of this subsection, "rules" is given the meaning contained in Section 1-70 of the Illinois Administrative Procedure Act, and "agency" and "agency head" are given the meanings contained in Sections 1-20 and 1-25 of the Illinois Administrative Procedure Act to the extent that such definitions apply to agencies or agency heads under the jurisdiction of the Governor.

Section 99. Effective date. This Act takes effect January 1, 2009.