Full Text of SB0002 98th General Assembly
SB0002sam001 98TH GENERAL ASSEMBLY | Sen. Andy Manar Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 2
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Illinois Business and Economic Advocacy and Development Act of | 6 | | 2013. | 7 | | Section 5. Findings. The General Assembly determines and | 8 | | declares the following: | 9 | | (a) The General Assembly finds that economic development is | 10 | | an important public purpose and that both the public and | 11 | | private sectors have a shared interest in fostering the | 12 | | economic vitality of the State. Therefore, it is the purpose of | 13 | | this Act to implement economic development policy in the State | 14 | | by means of a collaboration between government and the private | 15 | | sector. | 16 | | (b) The collaboration shall involve the Illinois Economic |
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| 1 | | Development Authority and the Illinois Business and Economic | 2 | | Development Corporation, both of which shall work together to | 3 | | further economic development policy according to the | 4 | | provisions of this Act.
| 5 | | Section 10. Definitions. In this Act: | 6 | | "Authority" means the Illinois Economic Development | 7 | | Authority. | 8 | | "Board" means the Board of Directors of the Illinois | 9 | | Economic Development Authority. | 10 | | "Board of Directors of the Corporation" means the Board of | 11 | | Directors of the Illinois Business and Economic Development | 12 | | Corporation. | 13 | | "Chief Executive Officer" means the Chief Executive | 14 | | Officer of the Corporation. | 15 | | "Corporation" means the Illinois Business and Economic | 16 | | Development Corporation. | 17 | | "Deputy Director" means the Deputy Director of the | 18 | | Authority. | 19 | | "Executive Director" means the Executive Director of the | 20 | | Authority. | 21 | | "Financial assistance" means assistance provided only from | 22 | | the funds, rights, and assets legally available to the | 23 | | Authority, including but not limited to assistance in the form | 24 | | of grants, loans, forgivable loans, and royalty payments.
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| 1 | | Section 15. Creation. | 2 | | (a) There is created the Illinois Economic Development | 3 | | Authority, which shall constitute a public instrumentality and | 4 | | agency of the State exercising public and essential | 5 | | governmental functions, to undertake programs which implement | 6 | | economic development policy in the State, and to undertake | 7 | | certain finance programs. | 8 | | (b) The powers of the Authority are vested in and shall be | 9 | | exercised by a Board of Directors composed of 9 voting members | 10 | | appointed by the Governor, with the advice and consent of the | 11 | | Senate, as follows: one person who has experience in the | 12 | | management of a not-for-profit or educational entity; one | 13 | | person who has professional experience in finance, insurance, | 14 | | or investment banking; one person who has professional | 15 | | experience in advanced manufacturing; one person with | 16 | | professional experience in small business development; one | 17 | | person with professional experience representing the interests | 18 | | of organized labor; and 4 persons who are actively employed in | 19 | | the private, for profit sector of the economy or who otherwise | 20 | | have substantial expertise in economic development. | 21 | | (1) Except as otherwise provided, the individuals must | 22 | | be employed in, or retired from, the private or non-profit | 23 | | sector, or academia. | 24 | | (2) No more than 5 members shall be appointed from the | 25 | | same political party. | 26 | | (3) Upon appointment, members shall file with the |
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| 1 | | Secretary of State the disclosures required under Section | 2 | | 3A-30 of the Illinois Governmental Ethics Act. | 3 | | (4) The Governor shall not appoint a person who is the | 4 | | spouse of, partner in a civil union with, or immediate | 5 | | family member of a current member of the Board, or a | 6 | | current member of the Board of Directors of the | 7 | | Corporation. | 8 | | (5) Members are not entitled to compensation for their | 9 | | services, but are entitled to reimbursement for all | 10 | | necessary expenses incurred in connection with the | 11 | | performance of their duties as members. | 12 | | (6) Members should reflect the ethnic, cultural, and | 13 | | geographic diversity of the State. | 14 | | (c) Members of the Board shall be appointed for terms of 4 | 15 | | years, and until their successor is appointed and qualified. Of | 16 | | the initial terms of the 9 members appointed by the Governor, 3 | 17 | | shall serve until the third Monday in January 2015, 3 shall | 18 | | serve until the third Monday in January 2016, and 3 shall serve | 19 | | until the third Monday in January 2017. All successors to the | 20 | | original appointments shall hold office for a term of 4 years | 21 | | commencing the third Monday in January of the year in which | 22 | | their term commences, except in the case of an appointment to | 23 | | fill a vacancy. Vacancies occurring among the members shall be | 24 | | filled for the remainder of the term. In the case of a vacancy | 25 | | when the Senate is not in session, the Governor may make a | 26 | | temporary appointment until the next meeting of the Senate when |
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| 1 | | a person shall be nominated to fill the office, and, upon | 2 | | confirmation by the Senate, he or she shall hold office during | 3 | | the remainder of the term. A member is eligible for | 4 | | reappointment. | 5 | | (d) A member of the Board may be removed from office by the | 6 | | Governor for incompetence, neglect of duty, or malfeasance in | 7 | | office. | 8 | | (e) Five voting members of the Board constitute a quorum. | 9 | | (1) The affirmative vote of 5 members is necessary for | 10 | | any action taken by the Board. The majority shall not | 11 | | include any member who has a conflict of interest, and a | 12 | | statement by a member of a conflict of interest shall be | 13 | | conclusive for this purpose. | 14 | | (2) A vacancy in the membership does not impair the | 15 | | right of a quorum to exercise all rights and perform all | 16 | | duties of the Authority. | 17 | | (f) Members of the Board shall give bond as required under | 18 | | the Official Bond Act. | 19 | | (g) Meetings of the Board shall be held at the call of the | 20 | | chairperson or when 2 members so request in writing. | 21 | | (h) Members shall elect from their number a chairperson and | 22 | | vice chairperson annually, and other officers as they | 23 | | determine, but the Executive Director shall serve as secretary | 24 | | to the Board. | 25 | | (i) Members of the Board shall provide input, and such | 26 | | assistance as may be requested, to the Board of Directors of |
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| 1 | | the Corporation to enable them to develop a strategic plan for | 2 | | economic development in the State. | 3 | | (j) Within 30 days after the occurrence of a vacancy in the | 4 | | office of the Executive Director or Deputy Director of the | 5 | | Authority, the members of the Board shall designate to the | 6 | | Governor 3 nominees to serve as the Executive Director or | 7 | | Deputy Director of the Authority, each of whom shall meet the | 8 | | qualifications for Executive Director or Deputy Director | 9 | | required under Section 40 of this Act. | 10 | | (k) The net earnings of the Authority, beyond the amount | 11 | | necessary to implement the public purposes and programs herein | 12 | | authorized, shall not inure to the benefit of any person other | 13 | | than the State. Upon termination of the existence of the | 14 | | Authority, title to all property owned by the Authority, | 15 | | including any such net earnings of the Authority, shall vest in | 16 | | the State. The State reserves the right at any time to alter, | 17 | | amend, repeal, or otherwise change the structure, | 18 | | organization, programs, or activities of the Authority, | 19 | | including the power to terminate the Authority, except that no | 20 | | law shall impair the obligation of any contract or contracts | 21 | | entered into by
the Authority to the extent that any such law | 22 | | would contravene Article I, Section 16, of the Constitution of | 23 | | the State of Illinois, or Article I, Section 10, of the | 24 | | Constitution of the United States. | 25 | | (l) The Authority shall receive the protections from | 26 | | liability provided to a "local public entity", and the members |
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| 1 | | of the Board, employees or agents of the Authority, while | 2 | | acting within the scope of their office or employment by the | 3 | | Authority, shall receive the protections from liability | 4 | | provided to a "public employee" under the Local Governmental | 5 | | and Governmental Employees Tort Immunity Act.
| 6 | | Section 20. Successor to the Department of Commerce and | 7 | | Economic Opportunity.
| 8 | | (a) The Department of Commerce and Economic Opportunity is | 9 | | hereby abolished. On the effective date of this Act, all | 10 | | powers, duties, rights, and responsibilities of the Department | 11 | | of Commerce and Economic Opportunity shall be transferred to | 12 | | the Illinois Economic Development Authority, as the successor | 13 | | agency to the Department. | 14 | | (b) Notwithstanding any provision of law to the contrary, | 15 | | references to the Department of Commerce and Economic | 16 | | Opportunity or the Department of Commerce and Community Affairs | 17 | | shall be construed as references to the Illinois Economic | 18 | | Development Authority. All references to the Director of the | 19 | | Department of Commerce and Economic Opportunity or the | 20 | | Department of Commerce and Community Affairs shall be construed | 21 | | as references to the Executive Director of the Illinois | 22 | | Economic Development Authority. | 23 | | (c) Unless otherwise provided for by law, the personnel of | 24 | | the Department of Commerce and Economic Opportunity shall be | 25 | | transferred to the Illinois Economic Development Authority. |
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| 1 | | The status and rights of such employees under the Personnel | 2 | | Code shall not be affected by the transfer. The rights of the | 3 | | employees and the State of Illinois and its agencies under the | 4 | | Personnel Code and applicable collective bargaining agreements | 5 | | or under any pension, retirement, or annuity plan shall not be | 6 | | affected by this Act. | 7 | | (d) All books, records, papers, documents, property (real | 8 | | and personal), contracts, causes of action, and pending | 9 | | business pertaining to the powers, duties, rights, and | 10 | | responsibilities transferred by this Act from the Department of | 11 | | Commerce and Economic Opportunity, including, but not limited | 12 | | to, material in electronic or magnetic format and necessary | 13 | | computer hardware and software, shall be transferred to the | 14 | | Illinois Economic Development Authority. | 15 | | (e) All unexpended appropriations and balances and other | 16 | | funds available for use by the Department of Commerce and | 17 | | Economic Opportunity shall be transferred to the Illinois | 18 | | Economic Development Authority to be expended only for the | 19 | | purpose for which the appropriations were originally made. | 20 | | (f) The powers, duties, rights, and responsibilities | 21 | | transferred from the Department of Commerce and Economic | 22 | | Opportunity by this Act shall be vested in and shall be | 23 | | exercised by the Illinois Economic Development Authority. | 24 | | (g) Whenever reports or notices are now required to be made | 25 | | or given or papers or documents furnished or served by any | 26 | | person to or upon the Department of Commerce and Economic |
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| 1 | | Opportunity in connection with any of the powers, duties, | 2 | | rights, and responsibilities transferred by this Act, the same | 3 | | shall be made, given, furnished, or served in the same manner | 4 | | to or upon the Illinois Economic Development Authority. | 5 | | (h) This Act does not affect any act done, ratified, or | 6 | | canceled or any right occurring or established or any action or | 7 | | proceeding had or commenced in an administrative, civil, or | 8 | | criminal cause by the Department of Commerce and Economic | 9 | | Opportunity before this Act takes effect; such actions or | 10 | | proceedings may be prosecuted or defended and continued by the | 11 | | Illinois Economic Development Authority. | 12 | | (i) Any rules of the Department of Commerce and Economic | 13 | | Opportunity that relate to its powers, duties, rights, and | 14 | | responsibilities and are in full force on the effective date of | 15 | | this Act shall become the rules of the Illinois Economic | 16 | | Development Authority. This Act does not affect the legality of | 17 | | any such rules in the Illinois Administrative Code. | 18 | | Any proposed rules filed with the Secretary of State by the | 19 | | Department of Commerce and Economic Opportunity that are | 20 | | pending in the rulemaking process on the effective date of this | 21 | | Act and pertain to the powers, duties, rights, and | 22 | | responsibilities transferred, shall be deemed to have been | 23 | | filed by the Illinois Economic Development Authority. As soon | 24 | | as practicable hereafter, the Illinois Economic Development | 25 | | Authority shall revise and clarify the rules transferred to it | 26 | | under this Act to reflect the reorganization of powers, duties, |
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| 1 | | rights, and responsibilities affected by this Act, using the | 2 | | procedures for recodification of rules available under the | 3 | | Illinois Administrative Procedure Act, except that existing | 4 | | title, part, and section numbering for the affected rules may | 5 | | be retained. The Illinois Economic Development Authority may | 6 | | propose and adopt under the Illinois Administrative Procedure | 7 | | Act such other rules as may be needed for the activities and | 8 | | programs of the Department of Commerce and Economic Opportunity | 9 | | that will now be administered
by the Illinois Economic | 10 | | Development Authority. | 11 | | To the extent that, prior to the effective date of this | 12 | | Act, the Director of the Department of Commerce and Economic | 13 | | Opportunity had been empowered to prescribe rules or had other | 14 | | rulemaking authority jointly with the Secretary or Director of | 15 | | another State agency, such duties shall be exercised from and | 16 | | after the effective date of this Act solely by the Executive | 17 | | Director of the Illinois Economic Development Authority.
| 18 | | Section 25. Conflicts of interest. | 19 | | (a) If a member of the Board or employee of the Authority | 20 | | has an interest, either direct or indirect, in a contract to | 21 | | which the Authority is, or is to be, a party, the interest | 22 | | shall be disclosed to the Authority in writing and shall be set | 23 | | forth in the minutes of the Board. | 24 | | (1) The member or employee having the interest shall | 25 | | not participate in any action of the Authority with respect |
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| 1 | | to that contract. However, a resolution of the Authority is | 2 | | not invalid because of a vote cast by a member in violation | 3 | | of this subsection or of Section 15 of this Act, unless the | 4 | | vote was decisive in the passage of the resolution. | 5 | | (2) For the purposes of this subsection, "action of the | 6 | | Authority with respect to that contract" means only an | 7 | | action directly affecting a separate contract, and does not | 8 | | include an action which benefits the general public or | 9 | | which affects all or a substantial portion of the contracts | 10 | | included in a program of the Authority. | 11 | | (b) The Executive Director or the Deputy Director shall not | 12 | | receive, in addition to a fixed salary or compensation, any | 13 | | money or valuable thing, either directly or indirectly, or | 14 | | through any substantial interest in any other corporation or | 15 | | business unit, for negotiating, procuring, recommending, or | 16 | | aiding in any purchase or sale of property, or loan, made by | 17 | | the Authority, nor shall the Executive Director or the Deputy | 18 | | Director be pecuniarily interested, either as principal, | 19 | | co-principal, agent, or beneficiary, either directly or | 20 | | indirectly, or through any substantial interest in any other | 21 | | corporation or business unit, in any such purchase, sale, or | 22 | | loan. | 23 | | (c) A person shall not be employed concurrently by both the | 24 | | Authority and the Corporation. | 25 | | (d) A person leaving employment with the Authority shall | 26 | | not be employed by the Corporation until a period of 2 years |
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| 1 | | has passed. A person leaving employment with the Corporation | 2 | | shall not be employed by the Authority until a period of 2 | 3 | | years has passed. | 4 | | (e) No individual may serve concurrently on the Board, the | 5 | | Board of Directors of the Corporation, or any combination | 6 | | thereof. | 7 | | (f) Conflict of interest. | 8 | | (1) In addition to the provisions of subsection (a) of | 9 | | Section 50-13 of the Illinois Procurement Code, it is | 10 | | unlawful for a member of the Board, the spouse of, or | 11 | | partner in a civil union with, the member of the Board, or | 12 | | an immediate family member of the member of the Board | 13 | | living in the member's residence to have or acquire a | 14 | | contract, or have or acquire a direct pecuniary interest in | 15 | | a contract with the State, that relates to the Authority or | 16 | | the Corporation, during and for one year after the | 17 | | conclusion of the member's term. | 18 | | (2) If (i) a person subject to paragraph (1) of this | 19 | | subsection is entitled to receive more than 7 1/2% of the | 20 | | total distributable income of a partnership, association, | 21 | | corporation, or other business entity or (ii) a person | 22 | | subject to paragraph (1) of this subsection together with | 23 | | his or her spouse, partner in a civil union, and immediate | 24 | | family members living in that person's residence are | 25 | | entitled to receive more than 15%, in the aggregate, of the | 26 | | total distributable income of a partnership, association, |
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| 1 | | corporation, or other business entity, then it is unlawful | 2 | | for that partnership, association, corporation, or other | 3 | | business entity to have or acquire a contract or a direct | 4 | | pecuniary interest in a contract prohibited by paragraph | 5 | | (1) of this subsection during and for one year after the | 6 | | conclusion of the member's term of office. | 7 | | Section 30. General powers.
| 8 | | (a) The Authority possesses all the powers of a body | 9 | | corporate necessary and convenient to accomplish the purposes | 10 | | of this Act, including, without limitation upon the general | 11 | | powers hereby conferred, the following powers: | 12 | | (1) Sue and be sued in its own name. | 13 | | (2) Have and alter a corporate seal. | 14 | | (3) Adopt all needful ordinances, resolutions, bylaws, | 15 | | rules, and regulations for the conduct of its business and | 16 | | affairs. | 17 | | (4) Make and execute agreements, contracts, and other
| 18 | | instruments of any and all types on such terms and | 19 | | conditions
as the Authority may find necessary or | 20 | | convenient to the
purposes of the Authority with any public | 21 | | or private entity,
including but not limited to contracts | 22 | | for goods and services.
All political subdivisions, other | 23 | | public agencies, and State
departments and agencies may | 24 | | enter into contracts and otherwise
cooperate with the | 25 | | Authority. |
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| 1 | | (5) Designate a fiscal year for the Authority. | 2 | | (6) Adopt by rule pursuant to the Illinois Procurement | 3 | | Code procedures relating to competitive bidding, including | 4 | | the identification of those
circumstances under which | 5 | | competitive bidding, either formally or informally, is | 6 | | required by the Authority. In any bidding process, the | 7 | | Authority may administer its own bidding and procurement or | 8 | | may utilize the services of the Department of Central | 9 | | Management Services or any other agency. Except when such | 10 | | rules apply, the Authority and all contracts made by it in | 11 | | carrying out its public and essential governmental | 12 | | functions with respect to any of its programs shall be | 13 | | exempt from the provisions and requirements of all laws or | 14 | | rules of the State which require competitive bids in | 15 | | connection with the letting of such contracts. | 16 | | (7) Acquire, hold, improve, mortgage, lease, and | 17 | | dispose of real and personal property, including but not | 18 | | limited to the power to sell at public or private sale, | 19 | | with or without public bidding, any such property, or other | 20 | | obligation held by it. | 21 | | (8) Procure insurance against any loss in connection | 22 | | with its
operations and property interests. | 23 | | (9) Request, receive and expend appropriations, gifts, | 24 | | grants, loans, or other aid from public or private | 25 | | entities. A record of all gifts or grants, stating the | 26 | | type, amount, and donor, shall be clearly set out in the |
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| 1 | | Authority's annual report along with the record of other | 2 | | receipts. | 3 | | (10) Provide to public and private entities technical | 4 | | assistance and counseling related to the Authority's | 5 | | purposes. | 6 | | (11) In cooperation with other local, State, or federal | 7 | | governmental agencies, conduct research studies, develop | 8 | | estimates of unmet economic development needs, gather and | 9 | | compile data useful to facilitating decision making, and | 10 | | enter into agreements to carry out programs within or | 11 | | without the State which the Authority finds to be | 12 | | consistent with the goals of the Authority. | 13 | | (12) Enter into agreements with the federal government | 14 | | and other states to undertake economic development | 15 | | activities in the State of Illinois. | 16 | | (13) Own or acquire intellectual property rights | 17 | | including but not limited to copyrights, trademarks, | 18 | | service marks, and patents, and enforce the rights of the | 19 | | Authority with respect to such intellectual property | 20 | | rights.
| 21 | | (14) Make, alter, interpret, and repeal rules | 22 | | consistent with the provisions of this Act, and subject to | 23 | | the requirements of the Illinois Administrative Procedure | 24 | | Act. | 25 | | (15) Establish a trust fund under the control of the | 26 | | Authority to be held outside of the State Treasury, with |
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| 1 | | the State Treasurer as custodian, which shall be called the | 2 | | Illinois Economic Development Authority Fund. | 3 | | Notwithstanding any provision of law to the contrary, | 4 | | moneys invested by the State Treasurer pursuant to this | 5 | | Section shall not revert to the general revenue of the | 6 | | State, and interest accrued on the moneys shall be moneys | 7 | | of the Authority and shall not be credited to general | 8 | | revenue. The non-reversion of moneys allowed under this | 9 | | paragraph does not apply to moneys appropriated to the | 10 | | Authority by the General Assembly. | 11 | | (16) Select projects to receive assistance by the | 12 | | exercise of
diligence and care. | 13 | | (17) Exercise generally all powers typically exercised | 14 | | by
private enterprises engaged in business pursuits unless | 15 | | the
exercise of such a power would violate the terms of | 16 | | this
Section or the Constitution of the State of Illinois. | 17 | | (18) Engage in any activity or operation which is | 18 | | incidental to and in furtherance of efficient operation to | 19 | | accomplish the Authority's primary purpose. | 20 | | (b) The powers enumerated in this Section are cumulative of | 21 | | and in addition to those powers enumerated elsewhere in this | 22 | | Act, or otherwise provided for by law, including but not | 23 | | limited to any powers formerly exercised by the Department of | 24 | | Commerce and Economic Opportunity, and such powers shall not be | 25 | | construed to limit or otherwise restrict any other powers of | 26 | | the Authority.
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| 1 | | Section 35. Specific program powers.
| 2 | | (a) In addition to the general powers described in Section | 3 | | 30, the Authority shall have all powers convenient and | 4 | | necessary to carry out its programs. | 5 | | (b) For purposes of this Section, "powers convenient and
| 6 | | necessary" includes, but is not limited to, the power to: | 7 | | (1) Provide input and, upon request, assistance to the | 8 | | Board of Directors of the Corporation to facilitate the | 9 | | creation of the strategic plan required under subsection | 10 | | (g) of Section 50. | 11 | | (2) Cooperate with the Corporation in carrying out its | 12 | | stated purposes in order to further the overall development | 13 | | and economic well-being of the State. | 14 | | (3) Cooperate with the Corporation to provide | 15 | | information necessary for the Corporation to market and | 16 | | promote the Authority and other related State programs that | 17 | | may be beneficial to business development in the State. | 18 | | (4) Collaborate with the Corporation to provide | 19 | | direction and supporting documents to allow the | 20 | | Corporation to maintain and develop economic data and | 21 | | research that is beneficial to business development in the | 22 | | State. | 23 | | (5) Execute the strategic plan created under | 24 | | subsection (g) of Section 50. | 25 | | (6) Notwithstanding any provisions of law to the |
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| 1 | | contrary, enter into contracts with the Corporation for the | 2 | | sole source procurement of services. In entering into such | 3 | | sole source contracts, the Authority shall negotiate a fair | 4 | | and reasonable price for the services and shall thoroughly | 5 | | document the circumstances of such sole source | 6 | | procurements. | 7 | | Section 40. Executive Director; Deputy Director. | 8 | | (a) The day to day operations of the Authority shall be | 9 | | administered by the Executive Director of the Illinois Economic | 10 | | Development Authority, who shall be appointed by the Governor, | 11 | | with the advice and consent of the Senate, and who shall serve | 12 | | for a 4-year term beginning on the third Monday in January, | 13 | | 2014. An appointment by the Governor to fill a vacancy in the | 14 | | office of the Executive Director shall be for the balance of | 15 | | the unexpired 4-year term. The Governor shall select the | 16 | | individual to appoint as the Executive Director from the 3 | 17 | | nominees designated by the Board under subsection (j) of | 18 | | Section 15 of this Act. | 19 | | The individual serving on the effective date of this Act as | 20 | | Director of the Department of Commerce and Economic | 21 | | Opportunity, or his or her successor, shall serve as the | 22 | | Executive Director of the Authority until the third Monday in | 23 | | January 2014. | 24 | | The Deputy Director shall have those responsibilities | 25 | | assigned in this Act and such other responsibilities as the |
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| 1 | | Executive Director or the Board may assign. The Deputy Director | 2 | | shall be appointed by the Governor, with the advice and consent | 3 | | of the Senate, and shall serve for a 4-year term beginning on | 4 | | the third Monday in January, 2014. An appointment by the | 5 | | Governor to fill a vacancy in the office of the Deputy Director | 6 | | shall be for the balance of the unexpired 4-year term. The | 7 | | Governor shall select the individual to appoint as the Deputy | 8 | | Director from the 3 nominees designated by the Board under | 9 | | subsection (j) of Section 15 of this Act. | 10 | | Except as otherwise provided in this subsection (a), the | 11 | | Executive Director and the Deputy Director shall possess the | 12 | | following qualifications: | 13 | | (1) private sector or public sector economic | 14 | | development experience, or a combination thereof, totaling | 15 | | 5 years; | 16 | | (2) ten years of experience working in or with the for | 17 | | profit sector of the economy; | 18 | | (3) five years of management experience; | 19 | | (4) an advanced degree in economics, risk management, | 20 | | law, business, or a related field; and | 21 | | (5) shall not hold outside employment. | 22 | | (b) The Executive Director or the Deputy Director shall | 23 | | not, directly or indirectly, exert influence to induce any | 24 | | other officers or employees of the State to adopt a political | 25 | | view or to favor a political candidate for office. The | 26 | | Executive Director and the Deputy Director shall ensure that |
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| 1 | | the Authority is operated free from political influence. The | 2 | | Executive Director and the Deputy Director shall give bond as | 3 | | required under the Official Bond Act. | 4 | | (c) The Executive Director shall advise the Authority on | 5 | | matters relating to economic development and act on the | 6 | | Authority's behalf to carry out all directives from the Board | 7 | | in regard to the operation of the Authority. | 8 | | (d) The Executive Director shall employ personnel as | 9 | | necessary to carry out the duties and responsibilities of the | 10 | | Authority. | 11 | | (e) The Executive Director or the Deputy Director shall not | 12 | | be employed concurrently by both the Authority and the | 13 | | Corporation. | 14 | | (f) Conflict of interest. | 15 | | (1) In addition to the provisions of subsection (a) of | 16 | | Section 50-13 of the Illinois Procurement Code, it is | 17 | | unlawful for the Executive Director or the Deputy Director, | 18 | | the spouse of, or partner in a civil union with, the | 19 | | Executive Director or the Deputy Director, or an immediate | 20 | | family member of the Executive Director or the Deputy | 21 | | Director living in the Executive Director's or the Deputy | 22 | | Director's residence to have or acquire a contract, or have | 23 | | or acquire a direct pecuniary interest in a contract with | 24 | | the State, that relates to the Authority or the | 25 | | Corporation, during and for one year after the conclusion | 26 | | of the Executive Director's or the Deputy Director's term. |
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| 1 | | (2) If (i) a person subject to paragraph (1) of this | 2 | | subsection is entitled to receive more than 7 1/2% of the | 3 | | total distributable income of a partnership, association, | 4 | | corporation, or other business entity or (ii) a person | 5 | | subject to paragraph (1) of this subsection together with | 6 | | his or her spouse, partner in a civil union, and immediate | 7 | | family members living in that person's residence are | 8 | | entitled to receive more than 15%, in the aggregate, of the | 9 | | total distributable income of a partnership, association, | 10 | | corporation, or other business entity, then it is unlawful | 11 | | for that partnership, association, corporation, or other | 12 | | business entity to have or acquire a contract or a direct | 13 | | pecuniary interest in a contract prohibited by paragraph | 14 | | (1) of this subsection during and for one year after the | 15 | | conclusion of the Executive Director's or the Deputy | 16 | | Director's term of office. | 17 | | (g) The Executive Director may create organizational | 18 | | divisions within the Authority in the manner the Executive | 19 | | Director deems most efficient to carry out the duties and | 20 | | responsibilities of the Authority. | 21 | | (h) In structuring the Authority, the Executive Director | 22 | | shall create a small business development division and ensure | 23 | | that the division focuses administrative efforts, program | 24 | | resources, and financial assistance awards on small | 25 | | businesses. | 26 | | (i) In addition, in structuring the Authority, the |
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| 1 | | Executive Director shall create a Division whose sole purpose | 2 | | shall be interacting and coordinating efforts with the Illinois | 3 | | Business and Economic Development Corporation created pursuant | 4 | | to Section 50 of this Act. The Division shall be structured and | 5 | | have responsibilities as follows: | 6 | | (1) The Division shall be administered by the Deputy | 7 | | Director. The Deputy Director shall serve as an ex-officio | 8 | | member of the Board of Directors of the Corporation created | 9 | | pursuant to Section 50. | 10 | | (2) The Division shall be responsible for all | 11 | | communications with the Illinois Business and Economic | 12 | | Development Corporation. | 13 | | (3) The Division shall be responsible for coordinating | 14 | | and exercising the specific program powers enumerated in | 15 | | Section 35. | 16 | | (4) The Division shall coordinate with other State | 17 | | agencies, chief procurement officers, and local entities | 18 | | as well as the Illinois Business and Economic Development | 19 | | Corporation in an effort to achieve policy consistency and | 20 | | ensure that businesses desiring to expand within, or | 21 | | relocate to, the State of Illinois are aware of all | 22 | | potential economic incentives or benefits that may be | 23 | | available to them and are properly assisted in such | 24 | | expansion or relocation efforts. | 25 | | (5) The Division shall be responsible for any other | 26 | | responsibilities assigned by the Executive Director |
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| 1 | | related to cooperation and communications with the | 2 | | Illinois Business and Economic Development Corporation. | 3 | | Section 45. Review of Authority operations. | 4 | | (a) Commencing January 1, 2015, the Commission on | 5 | | Government Forecasting and Accountability shall conduct a | 6 | | review of the Authority and its activities and shall issue a | 7 | | report with findings and recommendations to the General | 8 | | Assembly on or before January 1, 2016.
| 9 | | (b) On or before January 1, 2015, and every January 1 | 10 | | thereafter, the Authority shall submit a report to the Governor | 11 | | and the General Assembly
assessing the extent to which each of | 12 | | the Authority's programs can be used to provide assistance to | 13 | | small businesses and making recommendations for legislative | 14 | | changes to such programs in order to better and more | 15 | | intensively focus economic development efforts on such small | 16 | | businesses. The report shall
also address the extent to which | 17 | | the Authority's programs address local economic development | 18 | | needs and efforts.
| 19 | | Section 50. Illinois Business and Economic Development | 20 | | Corporation.
| 21 | | (a) There is created the Illinois Business and Economic | 22 | | Development Corporation as a non-profit corporation organized | 23 | | under the General Not For Profit Corporation Act of 1986 and | 24 | | qualifying under Section 501(c)(3) of the Internal Revenue Code |
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| 1 | | as an organization exempt from taxation. Unless otherwise | 2 | | provided in this Section, the Corporation is subject to the | 3 | | provisions of the General Not For Profit Corporation Act of | 4 | | 1986. The Corporation shall be established for the purpose of | 5 | | receiving and disbursing funds from public or private sources | 6 | | to be used to further the overall economic development and | 7 | | well-being of the State. | 8 | | (b) The Corporation shall collaborate with the Authority as | 9 | | described in this Act, but the Corporation shall not be | 10 | | considered, in whole or in part, an agency, political | 11 | | subdivision, or instrumentality of the State. | 12 | | (1) The Corporation shall have the power (A) to accept | 13 | | grants, loans, or appropriations from the federal | 14 | | government or the State, or any agency or instrumentality | 15 | | thereof, to be used for the operating expenses of the | 16 | | Corporation, and (B) to enter into any agreements with the | 17 | | federal government or the State, or any agency or | 18 | | instrumentality thereof, in relation to those grants, | 19 | | loans, or appropriations. | 20 | | (2) Except as provided in this Act, the Corporation | 21 | | shall not be required to comply with
any requirements that | 22 | | apply to a State agency or political subdivision and shall | 23 | | not exercise any sovereign power of the State. | 24 | | (3) The Corporation does not have authority to pledge | 25 | | the
credit of the State, and the State shall not be liable | 26 | | for
the debts or obligations of the Corporation. All debts |
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| 1 | | and
obligations of the Corporation shall be payable solely | 2 | | from the
Corporation's funds. | 3 | | (c) The Corporation shall be established, maintained and | 4 | | operated so that donations and bequests to it qualify as tax | 5 | | deductible under State income tax laws and under Section | 6 | | 501(c)(3) of the Internal Revenue Code. | 7 | | The Corporation shall be established for the purpose of | 8 | | expanding economic development opportunities in the State of | 9 | | Illinois and for Illinois businesses operating in foreign | 10 | | markets in connection with the public purpose of economic | 11 | | development in Illinois. The Corporation shall, with input from | 12 | | the Authority, create and maintain a strategic economic | 13 | | development plan including marketing, benchmarks, and | 14 | | performance measures. | 15 | | (d) The bylaws of the Corporation shall provide for its | 16 | | governance and its efficient management. In providing for its | 17 | | governance, the bylaws of the Corporation shall provide for or | 18 | | address the following: | 19 | | (1) A Board of Directors to govern the Corporation. The | 20 | | Board of Directors of the Corporation shall be composed of | 21 | | the following 15 members: | 22 | | (A) eleven members appointed by the Governor, with | 23 | | the advice and consent of the Senate. One member shall | 24 | | be appointed representing each of the following: | 25 | | advanced manufacturing, agriculture, biotechnology, | 26 | | energy, engineering, finance, information technology, |
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| 1 | | insurance, medicine, and small business. One | 2 | | additional member shall have senior level management | 3 | | experience in representing the interests of organized | 4 | | labor; | 5 | | (B) one member appointed by the President of the | 6 | | Senate; | 7 | | (C) one member appointed by the Speaker of the | 8 | | House of Representatives; | 9 | | (D) one member appointed by the Minority Leader of | 10 | | the Senate; and | 11 | | (E) one member appointed by the Minority Leader of | 12 | | the House of Representatives. | 13 | | The Deputy Director shall serve as an ex-officio | 14 | | member. | 15 | | The initial members appointed to the Board of Directors | 16 | | shall continue in office until the first Wednesday in | 17 | | February 2015. All successors to the original appointments | 18 | | shall hold office for a term of 2 years commencing the | 19 | | first Wednesday in February of the year in which their term | 20 | | commences, except in the case of an appointment to fill a | 21 | | vacancy. Vacancies occurring among the members shall be | 22 | | filled by the appointing authority for the remainder of the | 23 | | unexpired term. In case of vacancy in the appointments of | 24 | | the Governor when the Senate is not in session, the | 25 | | Governor may make a temporary appointment until the next | 26 | | meeting of the Senate when a person shall be nominated to |
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| 1 | | fill the office, and, upon confirmation by the Senate, he | 2 | | or she shall hold office during the remainder of the term. | 3 | | A member is eligible for reappointment. | 4 | | The members of the Board of Directors of the | 5 | | Corporation shall possess the following qualifications: | 6 | | private sector or public sector economic development | 7 | | experience, or a combination thereof, totaling 5 years; and | 8 | | 10 years of experience working in or with the for profit | 9 | | sector of the economy. | 10 | | Should the Governor fail to make an initial appointment | 11 | | to the Board of Directors of the Corporation within 60 days | 12 | | after the effective date of this Act, or to make an | 13 | | appointment to fill a vacancy on the Board of Directors of | 14 | | the Corporation within 60 days after the date that the | 15 | | vacancy first occurred, then the appointment shall be made | 16 | | by a majority of the members of the Board of Directors of | 17 | | the Illinois Economic Development Authority, with the | 18 | | advice and consent of the Senate. | 19 | | (2) No appointing authority shall appoint or select any | 20 | | person who is either the spouse of, a partner in a civil | 21 | | union with, or a relative within the first degree of | 22 | | consanguinity of a serving member of the Board of Directors | 23 | | of the Corporation or the Board of the Authority. | 24 | | (3) The appointment of a Chief Executive Officer by the | 25 | | Board to manage the Corporation's daily operations. | 26 | | (4) The delegation of such powers and responsibilities |
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| 1 | | to the Chief Executive Officer as may be necessary for the | 2 | | Corporation's efficient operation. | 3 | | (e) The Corporation may employ such personnel as may be | 4 | | necessary for the efficient performance of the duties assigned | 5 | | to the Corporation. All such personnel shall be considered | 6 | | employees of a private, nonprofit corporation and shall be | 7 | | exempt from the personnel requirements imposed on State | 8 | | agencies and political subdivisions. | 9 | | (f) The bylaws of the Corporation shall provide for the | 10 | | financial operations of the Corporation, including the | 11 | | authority to receive and expend funds from public and private | 12 | | sources and to use its property, money, or other resources for | 13 | | the purposes of the Corporation. | 14 | | (g) The members of the Board of Directors of the | 15 | | Corporation, with input from the Board of the Authority, shall | 16 | | develop an economic development strategy for the State. By no | 17 | | later than January 1, 2015 and annually thereafter, the | 18 | | Corporation shall make modifications in the economic | 19 | | development strategy as the modifications are warranted by | 20 | | changes in economic conditions or by other factors, including | 21 | | changes in policy. In preparing the strategy and in making | 22 | | modifications to the strategy, the Corporation shall take | 23 | | cognizance of the special economic attributes of the various | 24 | | component areas of the State. | 25 | | (1) The "component areas" shall be determined by the | 26 | | Corporation and shall group counties that are close in |
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| 1 | | geographical proximity and share common economic traits | 2 | | such as commuting zones, labor market areas, or other | 3 | | economically integrated regions. | 4 | | (2) The strategy shall recommend actions for promoting | 5 | | sustained economic growth at or above national rates of | 6 | | economic growth. | 7 | | (3) The strategy shall include an assessment of | 8 | | historical patterns of economic trends using national | 9 | | economic trends and projections for comparative purposes. | 10 | | All assumptions made in the formulation of the economic | 11 | | projections shall be clearly and explicitly set forth in | 12 | | the strategy. | 13 | | (4) The strategy shall recommend actions to foster and | 14 | | promote economic growth, taking into account indigenous | 15 | | resources and prevalent economic factors. | 16 | | (A) The strategy shall identify and include the | 17 | | critical business development approaches being | 18 | | considered or to be considered. The approaches shall | 19 | | include, but need not be limited to: investment | 20 | | recruitment, such as industry attraction, expansion | 21 | | and retention; trade development efforts including | 22 | | international trade, support for small businesses' | 23 | | efforts to export products and services, tourism | 24 | | attraction and development including cultural tourism, | 25 | | technology development efforts including technology | 26 | | commercialization and manufacturing modernization; and |
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| 1 | | business development efforts, including | 2 | | entrepreneurship and entrepreneurial education, small | 3 | | business management assistance, and business | 4 | | financing. | 5 | | (B) The strategy shall identify for the State and | 6 | | for each component area the critical workforce | 7 | | training and development approaches being considered | 8 | | or to be considered. The approaches shall include, but | 9 | | need not be limited to: customized job training, | 10 | | retraining and skill upgrading, economic adjustment, | 11 | | job creation and addressing labor shortages in areas of | 12 | | high demand; the market for and quality of the local | 13 | | labor force; the quality of the education and workforce | 14 | | infrastructure; and related issues. | 15 | | (C) The strategy shall identify and consider the | 16 | | critical public infrastructure improvements and needs | 17 | | for the State and each component area. The strategy | 18 | | shall consider, but need not be limited to: local | 19 | | public services; the local, regional, and State tax and | 20 | | regulatory climate; the physical infrastructure, | 21 | | including communications and transportation systems; | 22 | | the capacity of area utilities; and the quality of | 23 | | public institutions such as schools. | 24 | | (D) The strategy shall identify the other critical | 25 | | marketplace systems, including: the competitive | 26 | | advantages of the component area in terms of |
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| 1 | | marketplace systems, including the financial | 2 | | marketplace; the competitive advantages of the | 3 | | component area in terms of natural resources, capital | 4 | | resources or technology resources; and other factors | 5 | | affecting component area development. | 6 | | (5) In preparing the strategy, or modifications to the | 7 | | strategy, the Corporation shall work with State agencies, | 8 | | boards, and commissions whose programs and activities | 9 | | significantly affect economic activity in the State as | 10 | | appropriate. The Directors of the agencies, boards, and | 11 | | commissions shall provide the assistance to the | 12 | | Corporation as the Governor deems appropriate. | 13 | | (6) In preparing the strategy, or modifications to the | 14 | | strategy, the Department shall consult with local and | 15 | | regional economic development organizations, local elected | 16 | | officials, community-based organizations, service delivery | 17 | | providers, and other organizations whose programs and | 18 | | activities significantly affect economic activity. | 19 | | (7) The economic development strategy shall identify | 20 | | goals for the next calendar year and shall include a set of | 21 | | metrics that will be used to gauge and assess the extent to | 22 | | which the Authority and the Corporation achieve those | 23 | | goals. Such metrics shall include, but need not be limited | 24 | | to: | 25 | | (A) The number of net new jobs created in the | 26 | | State. |
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| 1 | | (B) The average wage and benefit levels for such | 2 | | new jobs created. | 3 | | (C) The impact to average household income for | 4 | | Illinois families as a result of the new jobs created. | 5 | | (D) The number of new businesses investing in the | 6 | | State. | 7 | | (E) The number of business expansions in the State. | 8 | | (F) Business or economic development opportunities | 9 | | lost to other states. | 10 | | (G) Jobs lost to other states due to business | 11 | | relocation. | 12 | | (H) Such other information as the Board of | 13 | | Directors of the Corporation deems relevant. | 14 | | (8) The strategy shall be presented to the Governor, | 15 | | the President and Minority Leader of the Senate, the | 16 | | Speaker and Minority Leader of the House of | 17 | | Representatives, the members of the Illinois Economic | 18 | | Development Authority Board, and the Chair of the | 19 | | Commission on Government Forecasting and Accountability on | 20 | | February 1, 2015 and annually thereafter. | 21 | | (9) The strategy shall be published and made available | 22 | | to the public in both paper and electronic media, on the | 23 | | Corporation's website, and by any other method which the | 24 | | General Assembly deems appropriate. | 25 | | (h) The Board of Directors of the Corporation and the Chief
| 26 | | Executive Officer shall act to ensure all of the following:
|
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| 1 | | (1) That the Board of the Authority implements the
| 2 | | strategic plan developed by the Corporation pursuant to | 3 | | subsection (g) of this Section.
| 4 | | (2) That the Corporation prepares an annual budget that | 5 | | includes funding levels for the Corporation's activities | 6 | | and that shows sufficient moneys are available to support | 7 | | those activities. | 8 | | (i) The Corporation shall complete and file all reports and | 9 | | returns required under the General Not For Profit Corporation | 10 | | Act of 1986.
| 11 | | Section 55. Duties and responsibilities of the | 12 | | Corporation.
| 13 | | (a) The Board of Directors of the Corporation and the Chief | 14 | | Executive Officer shall determine the activities and | 15 | | priorities of the Corporation within the general parameters of | 16 | | the duties and responsibilities described in this Act. | 17 | | (b) The Corporation shall, to the extent that its bylaws | 18 | | provide and within its public purpose, do all of the following: | 19 | | (1) Consult with the Illinois Economic Development | 20 | | Authority in the creation of the comprehensive strategic | 21 | | plan provided for in Section 50 for economic development. | 22 | | (2) Maintain and develop economic data and research | 23 | | that is beneficial to business development in the State of | 24 | | Illinois. | 25 | | (3) Maintain and develop information about specific |
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| 1 | | economic incentives or benefits that may be available to a | 2 | | business to expand within, or relocate to, the State of | 3 | | Illinois. The information shall include incentives and | 4 | | benefits available statewide, as well as those that are | 5 | | only available in specific component areas within the | 6 | | State. | 7 | | (4) Develop and implement effective marketing and | 8 | | promotional
programs for the Authority and other related | 9 | | State programs that may be beneficial to business | 10 | | development in the State. | 11 | | (5) Provide pertinent information to prospective new
| 12 | | businesses. | 13 | | (6) Formulate and pursue programs for encouraging the
| 14 | | location of new businesses in the State and for retaining | 15 | | and
fostering the growth of existing businesses. | 16 | | (7) Solicit the involvement of the private sector, | 17 | | including
support and funding, for business development | 18 | | initiatives in
the State. | 19 | | (8) Cooperate with and provide information to State | 20 | | agencies,
local governments, community colleges, and State | 21 | | universities on economic development matters, including | 22 | | the areas of
workforce development and job training.
| 23 | | (9) Encourage, stimulate, and support the development | 24 | | and expansion of the State's economy. | 25 | | Section 60. Ethical Policies and Principles of the |
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| 1 | | Corporation; conflicts of interest. | 2 | | (a) Ethics Policies and Principles. | 3 | | (1) In the conduct of their service to the Corporation, | 4 | | directors and employees of the Corporation shall behave | 5 | | ethically and in the furtherance of the best interests of | 6 | | the Corporation and its mission. | 7 | | (2) Directors and employees of the Corporation shall | 8 | | base their business decisions on behalf of the Corporation | 9 | | on merit and fairness and shall seek to avoid any actual or | 10 | | potential conflict of interest. | 11 | | (3) Corporation directors and employees shall not use | 12 | | their positions with the Corporation or knowledge gained | 13 | | therefrom to derive any improper personal benefit. | 14 | | (4) In connection with a conflict of interest, a | 15 | | director or employee of the Corporation must disclose the | 16 | | existence of the conflict and all material facts relating | 17 | | to such conflict to the Corporation pursuant to subsection | 18 | | (b) of this Section. | 19 | | (b) Disclosure. | 20 | | (1) Corporation directors and employees shall file a | 21 | | disclosure questionnaire with the Chief Executive Officer | 22 | | of the Corporation when they begin their service with the | 23 | | Corporation and annually thereafter, disclosing or listing | 24 | | all businesses, charitable organizations, firms, or other | 25 | | entities, hereinafter known as "affiliated entities", to | 26 | | which they have a substantial connection. "Substantial |
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| 1 | | connection" means that the individual (i) serves as a | 2 | | director, trustee, executive officer, employee, or partner | 3 | | of an entity, or (ii) holds more than 7 1/2% ownership in | 4 | | the entity. Each Corporation director or employee shall | 5 | | have an ongoing duty to notify the Chief Executive Officer | 6 | | of changes or additions to information previously | 7 | | provided. Ownership is measured by (i) stock ownership | 8 | | (either voting power or value) of a corporation, (ii) | 9 | | profits or capital interest in a partnership or limited | 10 | | liability company, (iii) membership interest in a | 11 | | nonprofit organization, or (iv) beneficial interest in a | 12 | | trust, and, in any case, includes indirect ownership. | 13 | | (c) Advocacy for Economic Incentives for federal, State, or | 14 | | local agencies. | 15 | | (1) Except as otherwise provided in this Section, the | 16 | | Corporation shall not recommend or advocate, whether | 17 | | verbally or in writing, that direct economic incentives | 18 | | shall be allocated to a particular company. Nothing in this | 19 | | Act shall limit the Corporation's ability to advise, | 20 | | provide information to, and otherwise provide assistance | 21 | | to companies regarding how to apply for direct economic | 22 | | incentives or other assistance from governmental entities. | 23 | | (2) Should the Corporation wish to advocate for direct | 24 | | economic incentives for a particular company, the | 25 | | Corporation shall seek the approval of the Board of | 26 | | Directors of the Corporation (or other special committee of |
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| 1 | | the Board formed for such purpose) prior to taking such | 2 | | action. The Board of Directors of the Corporation shall | 3 | | determine, based on the merits, whether to approve the | 4 | | Corporation's advocacy for such direct economic | 5 | | incentives. | 6 | | (3) The limitations created by this subsection (c) | 7 | | shall apply solely to actions taken or statements made for | 8 | | or on behalf of the Corporation. It shall not restrict a | 9 | | director's ability to advocate for direct economic | 10 | | incentives for a particular company in a capacity other | 11 | | than as a director of the Corporation, whether in his or | 12 | | her individual capacity, on behalf of his or her employer, | 13 | | or otherwise. | 14 | | (4) Nothing in the policy shall limit the Corporation's | 15 | | ability to advise, provide information to, and otherwise | 16 | | provide assistance to a company. | 17 | | (d) Assistance to Affiliated Entities. | 18 | | (1) Presumed Conflicts of Interest. If the Corporation | 19 | | is considering providing assistance to an affiliated | 20 | | entity, the Corporation director or employee who is | 21 | | affiliated with the entity shall be presumed to have a | 22 | | conflict of interest on this matter. The Corporation may | 23 | | not provide such assistance unless the Board of Directors | 24 | | of the Corporation approves the action pursuant to | 25 | | subsection (f) of this Section. | 26 | | (2) Potential Conflicts of Interest. If a Corporation |
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| 1 | | director or employee becomes aware of any existing or | 2 | | proposed Corporation assistance to an affiliated entity: | 3 | | (i) that has a "substantial connection" (as | 4 | | defined in paragraph (1) of subsection (b)) with an | 5 | | immediate family member of the director or employee, or | 6 | | (ii) as to which the director or employee has a | 7 | | financial interest or other relationship that does not | 8 | | meet the definition of "substantial connection" but | 9 | | that is so significant that it would reasonably create | 10 | | the perception that the individual has a substantial | 11 | | bias in favor of the entity. | 12 | | The director or employee shall promptly notify the | 13 | | Corporation's Chief Executive Officer that there is a | 14 | | potential conflict of interest and shall disclose the | 15 | | circumstances. | 16 | | The term "immediate family member" means one's (i) | 17 | | spouse or partner in a civil union, (ii) children | 18 | | (including stepchildren) and children's spouses, (iii) | 19 | | parents (including stepparents) and spouse's parents, and | 20 | | (iv) siblings and siblings' spouses. | 21 | | The Corporation's Chief Executive Officer shall determine | 22 | | whether the approval of the Board of Directors of the | 23 | | Corporation of the action is required pursuant to subsection | 24 | | (f) of this Section, based on whether the connection between | 25 | | the entity and the Corporation director or employee is | 26 | | sufficiently significant to create a conflict of interest or |
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| 1 | | the appearance of a conflict of interest. The Chief Executive | 2 | | Officer's determination shall be documented. | 3 | | (e) Transactions With or Payments to Directors or employees | 4 | | of the Corporation. The Corporation may not enter into a | 5 | | transaction with, or provide compensation, payment, or | 6 | | personal benefits to (i) any Corporation director, (ii) any | 7 | | Corporation employee (other than compensation and benefits | 8 | | paid by the Corporation to its employees in their capacities as | 9 | | such), or (iii) one of their immediate family members. | 10 | | (f) Board of Directors of the Corporation; Consideration of | 11 | | Conflicts. | 12 | | (1) In General. When the Corporation is considering an | 13 | | action as to which a Corporation director or employee has a | 14 | | presumed or potential conflict of interest, the | 15 | | Corporation may proceed with the action only if the Board | 16 | | of Directors (excluding all directors and employees with | 17 | | conflicts) conclude by majority vote that the proposal on | 18 | | its merits is fair and in the best interests of the | 19 | | Corporation's mission and the State's economic | 20 | | development, and that any transaction has the same terms as | 21 | | if it were entered into at arm's length. | 22 | | (2) Timing; Temporary Approval. So as not to hinder the | 23 | | effectiveness of Corporation or its staff, the Board of | 24 | | Directors shall meet and make its determination as promptly | 25 | | as practicable, either in person or through communication | 26 | | equipment or interactive technology as permitted by the |
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| 1 | | bylaws of the Corporation. | 2 | | (3) Process. The Board of Directors of the Corporation | 3 | | shall be briefed on the proposed assistance, including an | 4 | | explanation as to why the assistance or transaction is in | 5 | | the best interests of the Corporation and the State's | 6 | | economic development. The Board of Directors of the | 7 | | Corporation shall ensure that any Corporation director or | 8 | | employee with a conflict of interest is absent from the | 9 | | deliberations and vote on the matter, unless directly | 10 | | requested to provide factual information or answer factual | 11 | | questions that are necessary to assist the Board in making | 12 | | an informed decision. In no case shall the conflicted | 13 | | Corporation director or employee vote on such matter or | 14 | | attempt to exert personal influence in connection | 15 | | therewith. | 16 | | (4) Minutes. The minutes of the meeting shall record | 17 | | the Corporation director or employee who had the conflict | 18 | | of interest, the nature of the conflict, a summary of the | 19 | | information received by the Board of Directors of the | 20 | | Corporation in considering the matter, the fact that all | 21 | | conflicted directors and employees were absent for the | 22 | | Board of Directors' deliberations and vote, a summary of | 23 | | the Board of Directors' deliberations and vote, and a | 24 | | summary of the reasons of the Board of Directors of the | 25 | | Corporation for approving or not approving the assistance | 26 | | or transaction. |
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| 1 | | (g) Duty to Report Violations. Each Corporation director | 2 | | and employee has the affirmative responsibility to report to | 3 | | the Chief Executive Officer any and all knowledge of any actual | 4 | | or suspected action or conduct that appears to be contrary to | 5 | | the policies contained in this Section. If the Board of | 6 | | Directors of the Corporation has reason to believe that a | 7 | | Corporation director or employee failed to disclose a conflict | 8 | | of interest, it shall inform the individual of the basis for | 9 | | such belief, afford the individual an opportunity to explain | 10 | | the alleged failure to disclose, and take any further lawful | 11 | | action it deems appropriate. | 12 | | Section 65. Oversight of Corporation.
| 13 | | (a) When engaged in activities that utilize public funding, | 14 | | the Corporation shall comply with the provisions of this | 15 | | Section. | 16 | | (b) The Corporation shall submit an annual report to the
| 17 | | Governor, the General Assembly, and the Auditor General on | 18 | | January 15 of each year. The report shall include the | 19 | | Corporation's operations and
activities during the prior | 20 | | fiscal year, including, but not limited to: | 21 | | (1) The Corporation's complete, audited financial | 22 | | statements, including a description of the Corporation's | 23 | | financial condition and operations. | 24 | | (2) A listing of all public sources of funds received | 25 | | by the Corporation. |
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| 1 | | (3) A listing of all firms and individuals who provided | 2 | | assistance or resources to the Corporation without | 3 | | compensation, including the approximate value of the | 4 | | assistance or resources provided. | 5 | | (4) A description of how the operations and activities | 6 | | serve the interests of the State and further economic | 7 | | development. | 8 | | (c) An annual audit of the Corporation performed by a | 9 | | certified public accountant in accordance with generally | 10 | | accepted accounting principles shall be filed with the office | 11 | | of the Auditor General and made available to the public. | 12 | | (d) The respective parts or portions of deliberations or | 13 | | meetings of the Board of Directors of the Corporation that | 14 | | address the utilization of public funding shall be conducted in | 15 | | accordance with the Open Meetings Act. | 16 | | (e) Minutes of the parts or portions of meetings conducted | 17 | | in accordance with subsection (d) shall be subject to the | 18 | | Freedom of Information Act. | 19 | | Section 75. The Statute on Statutes is amended by adding | 20 | | Section 1.40 as follows: | 21 | | (5 ILCS 70/1.40 new) | 22 | | Sec. 1.40. Department of Commerce and Economic | 23 | | Opportunity. References to the Department of Commerce and | 24 | | Economic Opportunity or the Department of Commerce and |
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| 1 | | Community Affairs shall be construed as references to the | 2 | | Illinois Economic Development Authority created by the | 3 | | Illinois Business and Economic Advocacy and Development Act of | 4 | | 2013. All references to the Director of the Department of | 5 | | Commerce and Economic Opportunity or the Department of Commerce | 6 | | and Community Affairs shall be construed as references to the | 7 | | Executive Director of the Illinois Economic Development | 8 | | Authority created by the Illinois Business and Economic | 9 | | Advocacy and Development Act of 2013. | 10 | | Section 80. The Executive Reorganization Implementation | 11 | | Act is amended by changing Section 3.1 as follows:
| 12 | | (15 ILCS 15/3.1) (from Ch. 127, par. 1803.1)
| 13 | | Sec. 3.1. "Agency directly responsible to the Governor" or | 14 | | "agency" means
any office, officer, division, or part thereof,
| 15 | | and any other office, nonelective officer, department, | 16 | | division, bureau,
board, or commission in the executive branch | 17 | | of State government,
except that it does not apply to any | 18 | | agency whose primary function is service
to the General | 19 | | Assembly or the Judicial Branch of State government, or to
any | 20 | | agency administered by the Attorney General, Secretary of | 21 | | State, State
Comptroller or State Treasurer. In addition the | 22 | | term does not apply to
the following agencies created by law | 23 | | with the primary responsibility of
exercising regulatory
or | 24 | | adjudicatory functions independently of the Governor:
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| 1 | | (1) the State Board of Elections;
| 2 | | (2) the State Board of Education;
| 3 | | (3) the Illinois Commerce Commission;
| 4 | | (4) the Illinois Workers' Compensation
Commission;
| 5 | | (5) the Civil Service Commission;
| 6 | | (6) the Fair Employment Practices Commission;
| 7 | | (7) the Pollution Control Board;
| 8 | | (8) the Department of State Police Merit Board; | 9 | | (9) the Illinois Racing Board;
| 10 | | (10) the Illinois Power Agency . ; | 11 | | (11) the Illinois Economic Development Authority. | 12 | | (Source: P.A. 96-796, eff. 10-29-09; 97-618, eff. 10-26-11.)
| 13 | | Section 85. The Civil Administrative Code of Illinois is | 14 | | amended by changing Sections 5-15 and 5-20 as follows:
| 15 | | (20 ILCS 5/5-15) (was 20 ILCS 5/3)
| 16 | | Sec. 5-15. Departments of State government. The | 17 | | Departments of
State government are created as follows:
| 18 | | The Department on Aging.
| 19 | | The Department of Agriculture.
| 20 | | The Department of Central Management Services.
| 21 | | The Department of Children and Family Services.
| 22 | | The Department of Commerce and Economic Opportunity.
| 23 | | The Department of Corrections.
| 24 | | The Department of Employment Security.
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| 1 | | The Illinois Emergency Management Agency.
| 2 | | The Department of Financial and Professional Regulation.
| 3 | | The Department of Healthcare and Family Services.
| 4 | | The Department of Human Rights.
| 5 | | The Department of Human Services.
| 6 | | The Department of Juvenile Justice.
| 7 | | The Department of Labor.
| 8 | | The Department of the Lottery.
| 9 | | The Department of Natural Resources.
| 10 | | The Department of Public Health.
| 11 | | The Department of Revenue.
| 12 | | The Department of State Police.
| 13 | | The Department of Transportation.
| 14 | | The Department of Veterans' Affairs.
| 15 | | (Source: P.A. 96-328, eff. 8-11-09; 97-618, eff. 10-26-11.)
| 16 | | (20 ILCS 5/5-20) (was 20 ILCS 5/4)
| 17 | | Sec. 5-20. Heads of departments. Each department shall have | 18 | | an
officer as its head who shall
be known as director or | 19 | | secretary and who shall, subject to the
provisions of the Civil | 20 | | Administrative Code of Illinois,
execute the powers and | 21 | | discharge the duties
vested by law in his or her respective | 22 | | department.
| 23 | | The following officers are hereby created:
| 24 | | Director of Aging, for the Department on Aging.
| 25 | | Director of Agriculture, for the Department of |
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| 1 | | Agriculture.
| 2 | | Director of Central Management Services, for the | 3 | | Department of Central
Management Services.
| 4 | | Director of Children and Family Services, for the | 5 | | Department of Children and
Family Services.
| 6 | | Director of Commerce and Economic Opportunity, for
the | 7 | | Department of Commerce
and Economic Opportunity.
| 8 | | Director of Corrections, for the Department of | 9 | | Corrections.
| 10 | | Director of the Illinois Emergency Management Agency, for | 11 | | the Illinois Emergency Management Agency.
| 12 | | Director of Employment Security, for the Department of | 13 | | Employment Security.
| 14 | | Secretary of Financial and Professional Regulation, for | 15 | | the Department of Financial and Professional Regulation.
| 16 | | Director of Healthcare and Family Services, for the | 17 | | Department of Healthcare and Family Services.
| 18 | | Director of Human Rights, for the Department of Human | 19 | | Rights.
| 20 | | Secretary of Human Services, for the Department of Human | 21 | | Services.
| 22 | | Director of Juvenile Justice, for the Department of | 23 | | Juvenile Justice.
| 24 | | Director of Labor, for the Department of Labor.
| 25 | | Director of Natural Resources, for the Department of | 26 | | Natural Resources.
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| 1 | | Director of Public Health, for the Department of Public | 2 | | Health.
| 3 | | Director of Revenue, for the Department of Revenue.
| 4 | | Director of State Police, for the Department of State | 5 | | Police.
| 6 | | Secretary of Transportation, for the Department of | 7 | | Transportation.
| 8 | | Director of Veterans' Affairs, for the Department of | 9 | | Veterans' Affairs.
| 10 | | (Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11; | 11 | | 97-618, eff. 10-26-11; 97-813, eff. 7-13-12.)
| 12 | | Section 90. The Department of Commerce and Economic | 13 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 14 | | amended by changing Section 605-5 as follows:
| 15 | | (20 ILCS 605/605-5) (was 20 ILCS 605/46.1 in part)
| 16 | | Sec. 605-5. Definitions. As used in the Sections following | 17 | | this Section:
| 18 | | "Department" means the Department of Commerce and Economic | 19 | | Opportunity. On or after the effective date of this amendatory | 20 | | Act of the 98th General Assembly, "Department" shall be | 21 | | construed to mean the Illinois Economic Development Authority | 22 | | created by the Illinois Business and Economic Advocacy and | 23 | | Development Act of 2013.
| 24 | | "Director" means the Director of Commerce and Economic |
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| 1 | | Opportunity. On or after the effective date of this amendatory | 2 | | Act of the 98th General Assembly, "Director" shall be construed | 3 | | to mean the Executive Director of the Illinois Economic | 4 | | Development Authority created by the Illinois Business and | 5 | | Economic Advocacy and Development Act of 2013.
| 6 | | "Local government" means every county, municipality, | 7 | | township, school
district,
and other local political | 8 | | subdivision having authority to enact laws and
ordinances, to | 9 | | administer laws and ordinances, to raise taxes, or to expend
| 10 | | funds.
| 11 | | (Source: P.A. 93-25, eff. 6-20-03.)
| 12 | | (20 ILCS 5/5-120 rep.)
| 13 | | (20 ILCS 5/5-330 rep.)
| 14 | | Section 105. The Civil Administrative Code of Illinois is | 15 | | amended by repealing Sections 5-120 and 5-330.
| 16 | | Section 999. Effective date. This Act takes effect upon | 17 | | becoming law.".
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