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
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Illinois Business and Economic Advocacy and Development Act of
62013.
 
7    Section 5. Findings. The General Assembly determines and
8declares the following:
9    (a) The General Assembly finds that economic development is
10an important public purpose and that both the public and
11private sectors have a shared interest in fostering the
12economic vitality of the State. Therefore, it is the purpose of
13this Act to implement economic development policy in the State
14by means of a collaboration between government and the private
15sector.
16    (b) The collaboration shall involve the Illinois Economic

 

 

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1Development Authority and the Illinois Business and Economic
2Development Corporation, both of which shall work together to
3further economic development policy according to the
4provisions of this Act.
 
5    Section 10. Definitions. In this Act:
6    "Authority" means the Illinois Economic Development
7Authority.
8    "Board" means the Board of Directors of the Illinois
9Economic Development Authority.
10    "Board of Directors of the Corporation" means the Board of
11Directors of the Illinois Business and Economic Development
12Corporation.
13    "Chief Executive Officer" means the Chief Executive
14Officer of the Corporation.
15    "Corporation" means the Illinois Business and Economic
16Development Corporation.
17    "Deputy Director" means the Deputy Director of the
18Authority.
19    "Executive Director" means the Executive Director of the
20Authority.
21    "Financial assistance" means assistance provided only from
22the funds, rights, and assets legally available to the
23Authority, including but not limited to assistance in the form
24of grants, loans, forgivable loans, and royalty payments.
 

 

 

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1    Section 15. Creation.
2    (a) There is created the Illinois Economic Development
3Authority, which shall constitute a public instrumentality and
4agency of the State exercising public and essential
5governmental functions, to undertake programs which implement
6economic development policy in the State, and to undertake
7certain finance programs.
8    (b) The powers of the Authority are vested in and shall be
9exercised by a Board of Directors composed of 9 voting members
10appointed by the Governor, with the advice and consent of the
11Senate, as follows: one person who has experience in the
12management of a not-for-profit or educational entity; one
13person who has professional experience in finance, insurance,
14or investment banking; one person who has professional
15experience in advanced manufacturing; one person with
16professional experience in small business development; one
17person with professional experience representing the interests
18of organized labor; and 4 persons who are actively employed in
19the private, for profit sector of the economy or who otherwise
20have 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
15years, and until their successor is appointed and qualified. Of
16the initial terms of the 9 members appointed by the Governor, 3
17shall serve until the third Monday in January 2015, 3 shall
18serve until the third Monday in January 2016, and 3 shall serve
19until the third Monday in January 2017. All successors to the
20original appointments shall hold office for a term of 4 years
21commencing the third Monday in January of the year in which
22their term commences, except in the case of an appointment to
23fill a vacancy. Vacancies occurring among the members shall be
24filled for the remainder of the term. In the case of a vacancy
25when the Senate is not in session, the Governor may make a
26temporary appointment until the next meeting of the Senate when

 

 

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1a person shall be nominated to fill the office, and, upon
2confirmation by the Senate, he or she shall hold office during
3the remainder of the term. A member is eligible for
4reappointment.
5    (d) A member of the Board may be removed from office by the
6Governor for incompetence, neglect of duty, or malfeasance in
7office.
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
18the Official Bond Act.
19    (g) Meetings of the Board shall be held at the call of the
20chairperson or when 2 members so request in writing.
21    (h) Members shall elect from their number a chairperson and
22vice chairperson annually, and other officers as they
23determine, but the Executive Director shall serve as secretary
24to the Board.
25    (i) Members of the Board shall provide input, and such
26assistance as may be requested, to the Board of Directors of

 

 

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1the Corporation to enable them to develop a strategic plan for
2economic development in the State.
3    (j) Within 30 days after the occurrence of a vacancy in the
4office of the Executive Director or Deputy Director of the
5Authority, the members of the Board shall designate to the
6Governor 3 nominees to serve as the Executive Director or
7Deputy Director of the Authority, each of whom shall meet the
8qualifications for Executive Director or Deputy Director
9required under Section 40 of this Act.
10    (k) The net earnings of the Authority, beyond the amount
11necessary to implement the public purposes and programs herein
12authorized, shall not inure to the benefit of any person other
13than the State. Upon termination of the existence of the
14Authority, title to all property owned by the Authority,
15including any such net earnings of the Authority, shall vest in
16the State. The State reserves the right at any time to alter,
17amend, repeal, or otherwise change the structure,
18organization, programs, or activities of the Authority,
19including the power to terminate the Authority, except that no
20law shall impair the obligation of any contract or contracts
21entered into by the Authority to the extent that any such law
22would contravene Article I, Section 16, of the Constitution of
23the State of Illinois, or Article I, Section 10, of the
24Constitution of the United States.
25    (l) The Authority shall receive the protections from
26liability provided to a "local public entity", and the members

 

 

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1of the Board, employees or agents of the Authority, while
2acting within the scope of their office or employment by the
3Authority, shall receive the protections from liability
4provided to a "public employee" under the Local Governmental
5and Governmental Employees Tort Immunity Act.
 
6    Section 20. Successor to the Department of Commerce and
7Economic Opportunity.
8    (a) The Department of Commerce and Economic Opportunity is
9hereby abolished. On the effective date of this Act, all
10powers, duties, rights, and responsibilities of the Department
11of Commerce and Economic Opportunity shall be transferred to
12the Illinois Economic Development Authority, as the successor
13agency to the Department.
14    (b) Notwithstanding any provision of law to the contrary,
15references to the Department of Commerce and Economic
16Opportunity or the Department of Commerce and Community Affairs
17shall be construed as references to the Illinois Economic
18Development Authority. All references to the Director of the
19Department of Commerce and Economic Opportunity or the
20Department of Commerce and Community Affairs shall be construed
21as references to the Executive Director of the Illinois
22Economic Development Authority.
23    (c) Unless otherwise provided for by law, the personnel of
24the Department of Commerce and Economic Opportunity shall be
25transferred to the Illinois Economic Development Authority.

 

 

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1The status and rights of such employees under the Personnel
2Code shall not be affected by the transfer. The rights of the
3employees and the State of Illinois and its agencies under the
4Personnel Code and applicable collective bargaining agreements
5or under any pension, retirement, or annuity plan shall not be
6affected by this Act.
7    (d) All books, records, papers, documents, property (real
8and personal), contracts, causes of action, and pending
9business pertaining to the powers, duties, rights, and
10responsibilities transferred by this Act from the Department of
11Commerce and Economic Opportunity, including, but not limited
12to, material in electronic or magnetic format and necessary
13computer hardware and software, shall be transferred to the
14Illinois Economic Development Authority.
15    (e) All unexpended appropriations and balances and other
16funds available for use by the Department of Commerce and
17Economic Opportunity shall be transferred to the Illinois
18Economic Development Authority to be expended only for the
19purpose for which the appropriations were originally made.
20    (f) The powers, duties, rights, and responsibilities
21transferred from the Department of Commerce and Economic
22Opportunity by this Act shall be vested in and shall be
23exercised by the Illinois Economic Development Authority.
24    (g) Whenever reports or notices are now required to be made
25or given or papers or documents furnished or served by any
26person to or upon the Department of Commerce and Economic

 

 

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1Opportunity in connection with any of the powers, duties,
2rights, and responsibilities transferred by this Act, the same
3shall be made, given, furnished, or served in the same manner
4to or upon the Illinois Economic Development Authority.
5    (h) This Act does not affect any act done, ratified, or
6canceled or any right occurring or established or any action or
7proceeding had or commenced in an administrative, civil, or
8criminal cause by the Department of Commerce and Economic
9Opportunity before this Act takes effect; such actions or
10proceedings may be prosecuted or defended and continued by the
11Illinois Economic Development Authority.
12    (i) Any rules of the Department of Commerce and Economic
13Opportunity that relate to its powers, duties, rights, and
14responsibilities and are in full force on the effective date of
15this Act shall become the rules of the Illinois Economic
16Development Authority. This Act does not affect the legality of
17any such rules in the Illinois Administrative Code.
18    Any proposed rules filed with the Secretary of State by the
19Department of Commerce and Economic Opportunity that are
20pending in the rulemaking process on the effective date of this
21Act and pertain to the powers, duties, rights, and
22responsibilities transferred, shall be deemed to have been
23filed by the Illinois Economic Development Authority. As soon
24as practicable hereafter, the Illinois Economic Development
25Authority shall revise and clarify the rules transferred to it
26under this Act to reflect the reorganization of powers, duties,

 

 

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1rights, and responsibilities affected by this Act, using the
2procedures for recodification of rules available under the
3Illinois Administrative Procedure Act, except that existing
4title, part, and section numbering for the affected rules may
5be retained. The Illinois Economic Development Authority may
6propose and adopt under the Illinois Administrative Procedure
7Act such other rules as may be needed for the activities and
8programs of the Department of Commerce and Economic Opportunity
9that will now be administered by the Illinois Economic
10Development Authority.
11    To the extent that, prior to the effective date of this
12Act, the Director of the Department of Commerce and Economic
13Opportunity had been empowered to prescribe rules or had other
14rulemaking authority jointly with the Secretary or Director of
15another State agency, such duties shall be exercised from and
16after the effective date of this Act solely by the Executive
17Director 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
20has an interest, either direct or indirect, in a contract to
21which the Authority is, or is to be, a party, the interest
22shall be disclosed to the Authority in writing and shall be set
23forth 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
12receive, in addition to a fixed salary or compensation, any
13money or valuable thing, either directly or indirectly, or
14through any substantial interest in any other corporation or
15business unit, for negotiating, procuring, recommending, or
16aiding in any purchase or sale of property, or loan, made by
17the Authority, nor shall the Executive Director or the Deputy
18Director be pecuniarily interested, either as principal,
19co-principal, agent, or beneficiary, either directly or
20indirectly, or through any substantial interest in any other
21corporation or business unit, in any such purchase, sale, or
22loan.
23    (c) A person shall not be employed concurrently by both the
24Authority and the Corporation.
25    (d) A person leaving employment with the Authority shall
26not be employed by the Corporation until a period of 2 years

 

 

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1has passed. A person leaving employment with the Corporation
2shall not be employed by the Authority until a period of 2
3years has passed.
4    (e) No individual may serve concurrently on the Board, the
5Board of Directors of the Corporation, or any combination
6thereof.
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
9corporate necessary and convenient to accomplish the purposes
10of this Act, including, without limitation upon the general
11powers 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
21and in addition to those powers enumerated elsewhere in this
22Act, or otherwise provided for by law, including but not
23limited to any powers formerly exercised by the Department of
24Commerce and Economic Opportunity, and such powers shall not be
25construed to limit or otherwise restrict any other powers of
26the Authority.
 

 

 

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1    Section 35. Specific program powers.
2    (a) In addition to the general powers described in Section
330, the Authority shall have all powers convenient and
4necessary to carry out its programs.
5    (b) For purposes of this Section, "powers convenient and
6necessary" 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
9administered by the Executive Director of the Illinois Economic
10Development Authority, who shall be appointed by the Governor,
11with the advice and consent of the Senate, and who shall serve
12for a 4-year term beginning on the third Monday in January,
132014. An appointment by the Governor to fill a vacancy in the
14office of the Executive Director shall be for the balance of
15the unexpired 4-year term. The Governor shall select the
16individual to appoint as the Executive Director from the 3
17nominees designated by the Board under subsection (j) of
18Section 15 of this Act.
19    The individual serving on the effective date of this Act as
20Director of the Department of Commerce and Economic
21Opportunity, or his or her successor, shall serve as the
22Executive Director of the Authority until the third Monday in
23January 2014.
24    The Deputy Director shall have those responsibilities
25assigned in this Act and such other responsibilities as the

 

 

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1Executive Director or the Board may assign. The Deputy Director
2shall be appointed by the Governor, with the advice and consent
3of the Senate, and shall serve for a 4-year term beginning on
4the third Monday in January, 2014. An appointment by the
5Governor to fill a vacancy in the office of the Deputy Director
6shall be for the balance of the unexpired 4-year term. The
7Governor shall select the individual to appoint as the Deputy
8Director from the 3 nominees designated by the Board under
9subsection (j) of Section 15 of this Act.
10    Except as otherwise provided in this subsection (a), the
11Executive Director and the Deputy Director shall possess the
12following 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
23not, directly or indirectly, exert influence to induce any
24other officers or employees of the State to adopt a political
25view or to favor a political candidate for office. The
26Executive Director and the Deputy Director shall ensure that

 

 

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1the Authority is operated free from political influence. The
2Executive Director and the Deputy Director shall give bond as
3required under the Official Bond Act.
4    (c) The Executive Director shall advise the Authority on
5matters relating to economic development and act on the
6Authority's behalf to carry out all directives from the Board
7in regard to the operation of the Authority.
8    (d) The Executive Director shall employ personnel as
9necessary to carry out the duties and responsibilities of the
10Authority.
11    (e) The Executive Director or the Deputy Director shall not
12be employed concurrently by both the Authority and the
13Corporation.
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
18divisions within the Authority in the manner the Executive
19Director deems most efficient to carry out the duties and
20responsibilities of the Authority.
21    (h) In structuring the Authority, the Executive Director
22shall create a small business development division and ensure
23that the division focuses administrative efforts, program
24resources, and financial assistance awards on small
25businesses.
26    (i) In addition, in structuring the Authority, the

 

 

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1Executive Director shall create a Division whose sole purpose
2shall be interacting and coordinating efforts with the Illinois
3Business and Economic Development Corporation created pursuant
4to Section 50 of this Act. The Division shall be structured and
5have 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
5Government Forecasting and Accountability shall conduct a
6review of the Authority and its activities and shall issue a
7report with findings and recommendations to the General
8Assembly on or before January 1, 2016.
9    (b) On or before January 1, 2015, and every January 1
10thereafter, the Authority shall submit a report to the Governor
11and the General Assembly assessing the extent to which each of
12the Authority's programs can be used to provide assistance to
13small businesses and making recommendations for legislative
14changes to such programs in order to better and more
15intensively focus economic development efforts on such small
16businesses. The report shall also address the extent to which
17the Authority's programs address local economic development
18needs and efforts.
 
19    Section 50. Illinois Business and Economic Development
20Corporation.
21    (a) There is created the Illinois Business and Economic
22Development Corporation as a non-profit corporation organized
23under the General Not For Profit Corporation Act of 1986 and
24qualifying under Section 501(c)(3) of the Internal Revenue Code

 

 

09800SB0002sam001- 24 -LRB098 04263 JWD 42710 a

1as an organization exempt from taxation. Unless otherwise
2provided in this Section, the Corporation is subject to the
3provisions of the General Not For Profit Corporation Act of
41986. The Corporation shall be established for the purpose of
5receiving and disbursing funds from public or private sources
6to be used to further the overall economic development and
7well-being of the State.
8    (b) The Corporation shall collaborate with the Authority as
9described in this Act, but the Corporation shall not be
10considered, in whole or in part, an agency, political
11subdivision, 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
4operated so that donations and bequests to it qualify as tax
5deductible under State income tax laws and under Section
6501(c)(3) of the Internal Revenue Code.
7    The Corporation shall be established for the purpose of
8expanding economic development opportunities in the State of
9Illinois and for Illinois businesses operating in foreign
10markets in connection with the public purpose of economic
11development in Illinois. The Corporation shall, with input from
12the Authority, create and maintain a strategic economic
13development plan including marketing, benchmarks, and
14performance measures.
15    (d) The bylaws of the Corporation shall provide for its
16governance and its efficient management. In providing for its
17governance, the bylaws of the Corporation shall provide for or
18address 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
4necessary for the efficient performance of the duties assigned
5to the Corporation. All such personnel shall be considered
6employees of a private, nonprofit corporation and shall be
7exempt from the personnel requirements imposed on State
8agencies and political subdivisions.
9    (f) The bylaws of the Corporation shall provide for the
10financial operations of the Corporation, including the
11authority to receive and expend funds from public and private
12sources and to use its property, money, or other resources for
13the purposes of the Corporation.
14    (g) The members of the Board of Directors of the
15Corporation, with input from the Board of the Authority, shall
16develop an economic development strategy for the State. By no
17later than January 1, 2015 and annually thereafter, the
18Corporation shall make modifications in the economic
19development strategy as the modifications are warranted by
20changes in economic conditions or by other factors, including
21changes in policy. In preparing the strategy and in making
22modifications to the strategy, the Corporation shall take
23cognizance of the special economic attributes of the various
24component 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

 

 

09800SB0002sam001- 31 -LRB098 04263 JWD 42710 a

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.

 

 

09800SB0002sam001- 32 -LRB098 04263 JWD 42710 a

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
26Executive Officer shall act to ensure all of the following:

 

 

09800SB0002sam001- 33 -LRB098 04263 JWD 42710 a

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
9returns required under the General Not For Profit Corporation
10Act of 1986.
 
11    Section 55. Duties and responsibilities of the
12Corporation.
13    (a) The Board of Directors of the Corporation and the Chief
14Executive Officer shall determine the activities and
15priorities of the Corporation within the general parameters of
16the duties and responsibilities described in this Act.
17    (b) The Corporation shall, to the extent that its bylaws
18provide 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

 

 

09800SB0002sam001- 34 -LRB098 04263 JWD 42710 a

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

 

 

09800SB0002sam001- 35 -LRB098 04263 JWD 42710 a

1Corporation; 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

 

 

09800SB0002sam001- 36 -LRB098 04263 JWD 42710 a

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
14local 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

 

 

09800SB0002sam001- 37 -LRB098 04263 JWD 42710 a

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

 

 

09800SB0002sam001- 38 -LRB098 04263 JWD 42710 a

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
22whether the approval of the Board of Directors of the
23Corporation of the action is required pursuant to subsection
24(f) of this Section, based on whether the connection between
25the entity and the Corporation director or employee is
26sufficiently significant to create a conflict of interest or

 

 

09800SB0002sam001- 39 -LRB098 04263 JWD 42710 a

1the appearance of a conflict of interest. The Chief Executive
2Officer's determination shall be documented.
3    (e) Transactions With or Payments to Directors or employees
4of the Corporation. The Corporation may not enter into a
5transaction with, or provide compensation, payment, or
6personal benefits to (i) any Corporation director, (ii) any
7Corporation employee (other than compensation and benefits
8paid by the Corporation to its employees in their capacities as
9such), or (iii) one of their immediate family members.
10    (f) Board of Directors of the Corporation; Consideration of
11Conflicts.
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

 

 

09800SB0002sam001- 40 -LRB098 04263 JWD 42710 a

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.

 

 

09800SB0002sam001- 41 -LRB098 04263 JWD 42710 a

1    (g) Duty to Report Violations. Each Corporation director
2and employee has the affirmative responsibility to report to
3the Chief Executive Officer any and all knowledge of any actual
4or suspected action or conduct that appears to be contrary to
5the policies contained in this Section. If the Board of
6Directors of the Corporation has reason to believe that a
7Corporation director or employee failed to disclose a conflict
8of interest, it shall inform the individual of the basis for
9such belief, afford the individual an opportunity to explain
10the alleged failure to disclose, and take any further lawful
11action it deems appropriate.
 
12    Section 65. Oversight of Corporation.
13    (a) When engaged in activities that utilize public funding,
14the Corporation shall comply with the provisions of this
15Section.
16    (b) The Corporation shall submit an annual report to the
17Governor, the General Assembly, and the Auditor General on
18January 15 of each year. The report shall include the
19Corporation's operations and activities during the prior
20fiscal 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.

 

 

09800SB0002sam001- 42 -LRB098 04263 JWD 42710 a

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
9certified public accountant in accordance with generally
10accepted accounting principles shall be filed with the office
11of the Auditor General and made available to the public.
12    (d) The respective parts or portions of deliberations or
13meetings of the Board of Directors of the Corporation that
14address the utilization of public funding shall be conducted in
15accordance with the Open Meetings Act.
16    (e) Minutes of the parts or portions of meetings conducted
17in accordance with subsection (d) shall be subject to the
18Freedom of Information Act.
 
19    Section 75. The Statute on Statutes is amended by adding
20Section 1.40 as follows:
 
21    (5 ILCS 70/1.40 new)
22    Sec. 1.40. Department of Commerce and Economic
23Opportunity. References to the Department of Commerce and
24Economic Opportunity or the Department of Commerce and

 

 

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1Community Affairs shall be construed as references to the
2Illinois Economic Development Authority created by the
3Illinois Business and Economic Advocacy and Development Act of
42013. All references to the Director of the Department of
5Commerce and Economic Opportunity or the Department of Commerce
6and Community Affairs shall be construed as references to the
7Executive Director of the Illinois Economic Development
8Authority created by the Illinois Business and Economic
9Advocacy and Development Act of 2013.
 
10    Section 80. The Executive Reorganization Implementation
11Act 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,
15and any other office, nonelective officer, department,
16division, bureau, board, or commission in the executive branch
17of State government, except that it does not apply to any
18agency whose primary function is service to the General
19Assembly or the Judicial Branch of State government, or to any
20agency administered by the Attorney General, Secretary of
21State, State Comptroller or State Treasurer. In addition the
22term does not apply to the following agencies created by law
23with the primary responsibility of exercising regulatory or
24adjudicatory 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
14amended 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
17Departments 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
18an officer as its head who shall be known as director or
19secretary and who shall, subject to the provisions of the Civil
20Administrative Code of Illinois, execute the powers and
21discharge the duties vested by law in his or her respective
22department.
23    The following officers are hereby created:
24    Director of Aging, for the Department on Aging.
25    Director of Agriculture, for the Department of

 

 

09800SB0002sam001- 46 -LRB098 04263 JWD 42710 a

1Agriculture.
2    Director of Central Management Services, for the
3Department of Central Management Services.
4    Director of Children and Family Services, for the
5Department of Children and Family Services.
6    Director of Commerce and Economic Opportunity, for the
7Department of Commerce and Economic Opportunity.
8    Director of Corrections, for the Department of
9Corrections.
10    Director of the Illinois Emergency Management Agency, for
11the Illinois Emergency Management Agency.
12    Director of Employment Security, for the Department of
13Employment Security.
14    Secretary of Financial and Professional Regulation, for
15the Department of Financial and Professional Regulation.
16    Director of Healthcare and Family Services, for the
17Department of Healthcare and Family Services.
18    Director of Human Rights, for the Department of Human
19Rights.
20    Secretary of Human Services, for the Department of Human
21Services.
22    Director of Juvenile Justice, for the Department of
23Juvenile Justice.
24    Director of Labor, for the Department of Labor.
25    Director of Natural Resources, for the Department of
26Natural Resources.

 

 

09800SB0002sam001- 47 -LRB098 04263 JWD 42710 a

1    Director of Public Health, for the Department of Public
2Health.
3    Director of Revenue, for the Department of Revenue.
4    Director of State Police, for the Department of State
5Police.
6    Secretary of Transportation, for the Department of
7Transportation.
8    Director of Veterans' Affairs, for the Department of
9Veterans' Affairs.
10(Source: P.A. 96-328, eff. 8-11-09; 97-464, eff. 10-15-11;
1197-618, eff. 10-26-11; 97-813, eff. 7-13-12.)
 
12    Section 90. The Department of Commerce and Economic
13Opportunity Law of the Civil Administrative Code of Illinois is
14amended 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
17this Section:
18    "Department" means the Department of Commerce and Economic
19Opportunity. On or after the effective date of this amendatory
20Act of the 98th General Assembly, "Department" shall be
21construed to mean the Illinois Economic Development Authority
22created by the Illinois Business and Economic Advocacy and
23Development Act of 2013.
24    "Director" means the Director of Commerce and Economic

 

 

09800SB0002sam001- 48 -LRB098 04263 JWD 42710 a

1Opportunity. On or after the effective date of this amendatory
2Act of the 98th General Assembly, "Director" shall be construed
3to mean the Executive Director of the Illinois Economic
4Development Authority created by the Illinois Business and
5Economic Advocacy and Development Act of 2013.
6    "Local government" means every county, municipality,
7township, school district, and other local political
8subdivision having authority to enact laws and ordinances, to
9administer laws and ordinances, to raise taxes, or to expend
10funds.
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
15amended by repealing Sections 5-120 and 5-330.
 
16    Section 999. Effective date. This Act takes effect upon
17becoming law.".