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91_HB3403 LRB9112523SMpc 1 AN ACT concerning technology. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Department of Commerce and Community 5 Affairs Law of the Civil Administrative Code of Illinois is 6 amended by changing Section 605-355 as follows: 7 (20 ILCS 605/605-355) (was 20 ILCS 605/46.19a in part) 8 Sec. 605-355. Grants for research and development in 9 high technology and service sectors. 10 (a) The Department of Commerce and Community Affairs is 11 authorized to establish a program of grants to universities, 12 community colleges, research institutions, research 13 consortiums, other not-for-profit entities, and Illinois 14 businesses for the purpose of fostering research and 15 development in the high technology and the service sector 16 leading to the development of new products and services that 17 can be marketed by Illinois businesses. All grant awards 18 shall include a contract that may provide for payment of 19 negotiated royalties to the Department if the product or 20 service to be developed by the grantee is subsequently 21 licensed for production. 22 (b) Grants may be awarded to universities and research 23 institutions to assist them in making their faculties and 24 facilities available to Illinois businesses. The grants may 25 be used by a university or research institution for purposes 26 including but not limited to the following: (i) to establish 27 or enhance computerized cataloging of all research labs and 28 university staff and make those catalogues available to 29 Illinois businesses; (ii) to market products developed by the 30 university to Illinois businesses; (iii) to review 31 publications in order to identify, catalog, and inform -2- LRB9112523SMpc 1 Illinois businesses of new practices in areas such as 2 robotics and biotechnology; (iv) to build an on-line, 3 information and technology system that relies on other 4 computerized networks in the United States; and (v) to assist 5 in securing temporary replacement for faculty who are granted 6 a leave of absence from their teaching duties for the purpose 7 of working full-time for an Illinois business to assist that 8 business with technology transfer. 9 (c) Grants may be awarded to universities and research 10 institutions, research consortiums, and other not-for-profit 11 entities for the purpose of identifying and supporting 12 Illinois businesses engaged in high technology and service 13 sector enterprises. The Illinois businesses identified and 14 funded shall include recipients of Small Business Innovation 15 Research Program funds under subsections (e) through (k) of 16 Section 9 of the Small Business Act (15 U.S.C. 638, 17 subsections (e) through (k)). Entities receiving grants under 18 this subsection (c) shall be known as commercialization 19 centers and shall engage in one or more of the following 20 activities: 21 (1) Directing research assistance for new venture 22 creations. 23 (2) General feasibility studies of new venture 24 ideas. 25 (3) Furthering the technical and intellectual 26 skills of the managers and owners of Illinois small 27 businesses. 28 (4) Commercialization of technology and research. 29 (5) Development of prototypes and testing new 30 products. 31 (6) Identifying and assisting in securing 32 financing. 33 (7) Marketing assistance. 34 (8) Assisting Illinois inventors in finding -3- LRB9112523SMpc 1 Illinois manufacturers to produce and market their 2 inventions. 3 A commercialization center may charge a nominal fee or 4 accept royalty agreements for conducting feasibility studies 5 and other services. 6 (d) Grants may be awarded by the Department to Illinois 7 businesses to fund research and consultation arrangements 8 between businesses and universities, community colleges, 9 research institutions, research consortiums, and other 10 not-for-profit entities within this State. 11 The Department shall give priority to Illinois small 12 businesses in awarding grants. Each grant awarded under this 13 subsection (d) shall provide funding for up to 50% of the 14 cost of the research or consultation arrangements, not to 15 exceed $100,000; provided that the grant recipient utilizes 16 Illinois not for profit research and academic institutions to 17 perform the research and development function for which grant 18 funds were requested. 19 (e) Grants may be awarded to research consortiums and 20 other qualified applicants, in conjunction with private 21 sector or federal funding, for other creative systems that 22 bridge university resources and business, technological, 23 production, and development concerns. 24 (f) For the purposes of this Section: 25 "High technology" means any area of research or 26 development designed to foster greater knowledge or 27 understanding in fields such as computer science, 28 electronics, physics, chemistry, or biology for the purpose 29 of producing designing, developing, or improving prototypes 30 and new processes. 31 "Illinois business" means a "small business concern" as 32 defined in 15 U.S.C. 632 that conducts its business 33 primarily in Illinois. 34 "Illinois research institutions" refers to not-for-profit -4- LRB9112523SMpc 1 entities, which include federally funded research 2 laboratories, that conduct research and development 3 activities for the purpose of producing, designing, 4 developing, or improving prototypes and new processes. 5 "Other not-for-profit entities" means nonprofit 6 organizations based in Illinois that are primarily devoted 7 to new enterprise or product development. 8 "Private sector" has the meaning ascribed to it in 29 9 U.S.C. 1503. 10 "University" means either a degree granting institution 11 located in Illinois as defined in Section 2 of the Academic 12 Degree Act, or a State-supported institution of higher 13 learning administered by the Board of Trustees of the 14 University of Illinois, the Board of Trustees of Southern 15 Illinois University, the Board of Trustees of Chicago State 16 University, the Board of Trustees of Eastern Illinois 17 University, the Board of Trustees of Governors State 18 University, the Board of Trustees of Illinois State 19 University, the Board of Trustees of Northeastern Illinois 20 University, the Board of Trustees of Northern Illinois 21 University, the Board of Trustees of Western Illinois 22 University, or the Illinois Community College Board. 23 "Venture" means any Illinois business engaged in research 24 and development to create new products or services with high 25 growth potential. 26 (g) The Department may establish a program of grant 27 assistance on a matching basis to universities, community 28 colleges, small business development centers, community 29 action agencies and other not-for-profit economic development 30 agencies to encourage new enterprise development and new 31 business formation and to encourage enterprises in this 32 State. The Department may provide grants, which shall be 33 exempt from the provisions of Section 35-360, to 34 universities, community colleges, small business development -5- LRB9112523SMpc 1 centers, community action agencies, and other not-for-profit 2 economic development entities for the purpose of making loans 3 to small businesses. All grant applications shall contain 4 information as required by the Department, including the 5 following: a program operation plan; a certification and 6 assurance that the small business applicants have received 7 business development training or education, have a business 8 and finance plan, and have experience in the proposed 9 business area; and a description of the support services that 10 the grant recipient will provide to the small business. No 11 more than 10% of the grant may be used by the grant recipient 12 for administrative costs associated with the grant. Grant 13 recipients may use grant funds under this program to make 14 loans on terms and conditions favorable to the small business 15 and shall give priority to those businesses located in high 16 poverty areas, enterprise zones, or both. 17 (Source: P.A. 90-454, eff. 8-16-97; 91-239, eff. 1-1-00.)