Public Act 93-0205

SB1075 Enrolled                      LRB093 08352 JAM 08571 b

    AN ACT concerning finance.

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

                         ARTICLE 801
                     GENERAL PROVISIONS

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

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

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

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

    Section  801-25. All official acts of the Authority shall
require the approval of at least 8 members. All  meetings  of
the Authority and the Advisory Councils shall be conducted in
accordance  with the Open Meetings Act. All meetings shall be
conducted at  a  single  location  within  this  State  among
members  physically  present  at  this  location. The Auditor
General shall conduct financial audits and program audits  of
the Authority, in accordance with the Illinois State Auditing
Act.

    Section 801-30. The Authority possesses all the powers as
a  body  corporate necessary and convenient to accomplish the
purposes  of  this  Act,  including,  without  any   intended
limitation  upon  the  general  powers  hereby conferred, the
following:
    (a)  to  enter  into  loans,  contracts,  agreements  and
mortgages in any manner connected with any of  its  corporate
purposes and to invest its funds;
    (b) to sue and be sued;
    (c)  to  employ  agents  and  employees  and  independent
contractors  necessary  to  carry out its purposes and to fix
their compensation, benefits  and  terms  and  conditions  of
their employment;
    (d)  to  have and use a common seal and to alter the same
at pleasure;
    (e) to adopt all needful ordinances, resolutions, bylaws,
rules and regulations for the conduct  of  its  business  and
affairs  and  for  the  management  and  use  of the projects
developed, constructed, acquired and improved in  furtherance
of its purposes;
    (f) to have and exercise all powers and be subject to all
duties otherwise necessary to effectuate the purposes of this
Act. If any of the powers set forth in this Act are exercised
within  the  jurisdictional  limits  of any municipality, all
ordinances of the municipality shall remain in full force and
effect and shall be controlling.

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

    Section  801-45.  Property  Taxation. The property of the
Authority and its respective income and operations, shall  be
exempt from taxation.

                         ARTICLE 805
           INDUSTRIAL REVENUE BOND INSURANCE FUND

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

Authority's revenue bonds.

    Section  805-10.  Definitions.   The   following   terms,
whenever  used or referred to in this Article, shall have the
following meanings ascribed to them, except where the context
clearly requires otherwise:
    (a) "Financial Institution" means a financial institution
which is a trust company, a bank, a savings  bank,  a  credit
union,  an  investment bank, a broker, an investment trust, a
pension fund, a building and loan association, a savings  and
loan   association,   an  insurance  company,  or  any  other
institution acceptable to the  Authority,  authorized  to  do
business in the State and approved by the Authority to insure
bonds  or  loans  for  industrial projects authorized by this
Act.
    (b) "Participating lender" means any trust company, bank,
savings  bank,  credit  union,   investment   bank,   broker,
investment   trust,   pension   fund,   building   and   loan
association,  savings and loan association, insurance company
or other institution approved by the Authority which  assumes
a  portion of the risk on a loan for an industrial project as
provided in Section 805-30 of this Act.

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

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

    Section    805-25.     Insurance     Contracts;     Claim
Responsibility.   Any  contract  of  insurance  made  by  the
Authority with a lender or  bondholder  or  for  the  benefit
thereof  under  this  Act  shall  provide that claims payable
under such contract shall be paid from any amounts  available
in the Fund and from any amounts available under the terms of
any  applicable  contract  or  agreement with other financial
institutions, in such order  of  priority  as  the  Authority
shall  deem  appropriate.  The obligation of the Authority to
make payments under any such contract shall be limited solely
to the amounts  provided  in  such  contract  and  shall  not
constitute a debt or liability of the State, the Authority or
any  subdivision  thereof.  Any  insurance  contract or other
agreement with a lender or  bondholder  or  for  the  benefit
thereof   and   any  rule  or  regulation  of  the  Authority
implementing the insurance program  may  contain  such  other
terms,  provisions  or  conditions  as  the  Authority  deems
necessary  or  appropriate,  including,  without  limitation,
those  relating  to  the  payment  of insurance premiums, the
giving of notice, claim procedures, the  sources  of  payment
for claims, the priority of competing claims for payment, the
release   or   termination  of  loan  security  and  borrower
liability,  the  timing  of  payment,  the  maintenance   and
disposition  of  industrial  projects  and the use of amounts
received during periods of delinquency or upon  default,  and
any other provisions concerning the rights of insured parties
or conditions to the payment of insurance claims.

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

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

    Section 805-40.  Investments  in  Insured  Debts  of  the
Authority.  The  State  and  all counties, municipalities and
other public corporations, political subdivisions and  public
bodies,  and  public  officers  of  any  thereof,  all banks,
bankers, trust companies,  savings  banks  and  institutions,
building    and   loan   associations,   savings   and   loan
associations, investment companies and other persons carrying
on a banking business,  all  insurance  companies,  insurance
associations  and  other  persons  carrying  on  an insurance
business  and  all  executors,   administrators,   guardians,
trustees and other fiduciaries may legally invest any sinking
funds,  moneys  or  other  funds  belonging to them or within
their control in any bonds,  loans  or  extension  of  credit
which  are the subject of insurance pursuant to this Article,
it being  the  purpose  of  this  Section  to  authorize  the
investment of such bonds, loans or extension of credit of all
sinking,  insurance,  retirement,  compensation,  pension and
trust funds, whether owned or controlled by private or public
persons  or  officers;  provided,   however,   that   nothing
contained  in  this Section may be construed as relieving any
persons from  any  duty  of  exercising  reasonable  care  in
selecting  securities  for  purchase or investment. The bonds
and any loan or extension of credit which are the subject  of
insurance  pursuant  to  this  Article  are  also hereby made
securities which may properly and legally be  deposited  with
and  received  by all public officers and bodies of the State
or any agency  or  political  subdivisions  thereof  and  all
municipalities  and  public  corporations for any purpose for
which the deposit  of  bonds  is  now  or  may  hereafter  be
authorized by law.
    Section   805-45.   Cooperation   with  Local  Industrial
Development  Agencies.  When  the   Authority   receives   an
application  from a potential insured loan borrower, it shall
promptly notify the local industrial  development  agency  of
that  fact  in  writing  if  such  an  agency  exists  in the
municipality or  county  where  such  industrial  project  is
proposed to be financed; or the corporate authorities in such
municipality where no such agency exists. The Authority shall
provide  the  local  industrial  development  agency with any
available information that the  agency  needs  to  prepare  a
recommendation  concerning the advisability of the industrial
project and  its  impact,  economic  and  otherwise,  on  the
community  and  the  State.  Such application shall include a
written authorization by the applicant that such notification
and  information  be  made  available  to  such   agency   or
municipality  to  the  extent  that  such  information is not
deemed to be confidential under Section 805-50 of  this  Act.
The  Authority  shall  not consider any application that does
not include such written authorization. The  Authority  shall
encourage   financial   participation   by  local  industrial
development agencies  by  giving  priority  consideration  to
insured loan applicants from areas serviced by those agencies
that have demonstrated a commitment to economic development.

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

                         ARTICLE 810
                   VENTURE INVESTMENT FUND

    Section  810-5. Findings and Declaration of Policy. It is
hereby found and declared that a continuing  need  exists  to
maintain  and develop the State's economy; that assisting and
encouraging economic development through  private  enterprise
will  help to create and maintain employment and governmental
revenues and is an important function of the State; that  the
availability  of  seed  capital  and  equity  capital  is  an
important  inducement  to  enterprises  to remain, locate and
expand in the State; that there exists in the State  gaps  in
the   availability   of   capital  for  the  development  and
exploitation of new  technologies,  products,  processes  and
inventions  and  that  this  shortage  has  resulted and will
continue to result in a shortfall in the development  of  new
enterprises    and   employment   in   Illinois;   that   the
establishment of the Illinois Venture Investment Fund and the
exercise by the Authority of the powers granted  in  Sections
810-5  through  810-40  of  this  Act  will  promote economic
development resulting  in  increased  employment  and  public
revenues;  and  that  the  provisions  of this Act are hereby
declared to be in the public  interest  and  for  the  public
benefit.

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

    Section  810-15.  Illinois Venture Investment Fund. There
is created the Illinois Venture  Investment  Fund,  hereafter
referred  to  in this Article as the "Fund". The Treasurer of
the Authority shall have custody of the Fund, which shall  be
held   outside  of  the  State  treasury.  The  Authority  is
authorized to accept any and  all  grants,  loans,  including
loans from State public employee pension funds, as authorized
by  this Act or any other statute, subsidies, matching funds,
reimbursements, appropriations, transfers of  appropriations,
federal  grant  monies,  income  derived from investments, or
other things of value from the federal or  state  governments
or  any  agency  of  any other state or from any institution,
person, firm or corporation, public or private,  for  deposit
in  the  Fund.  The  Authority  is  authorized  to use monies
deposited in the Fund expressly for the purposes specified in
and according  to  the  procedures  established  by  Sections
810-20  through 810-40 of this Act. The Authority may appoint
a Director to manage the activities associated with the Fund.
Such Director shall receive compensation as determined by the
Authority.

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

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

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

    Section  810-35.  Documentary  materials concerning trade
secrets;     Commercial     or     financial     information;
Confidentiality. Any documentary materials or  data  made  or
received  by  any member, agent or employee of the Authority,
to the extent that such material or  data  consist  of  trade
secrets,  commercial  or  financial information regarding the
operation of any enterprise conducted by an applicant for, or
recipient of, any form of assistance which the  Authority  is
empowered to render, or regarding the competitive position of
such  enterprise in a particular field of endeavor, shall not
be deemed public records;  provided,  however,  that  if  the
Authority   purchases   a   qualified   security   from  such
enterprise,  the  commercial   and   financial   information,
excluding  trade  secrets, shall be deemed to become a public
record of the Authority after the expiration of 3 years  from
the  date  of purchase of such qualified security, or, in the
case of such information made  or  received  by  any  member,
agent or employee of the Authority after the purchase of such
qualified  security,  3  years from the date such information
was made or received. Any discussion or consideration of such
trade secrets or commercial or financial information  may  be
held  by  the  Authority, in executive sessions closed to the
public, notwithstanding the provisions of the  Open  Meetings
Act;   provided,  however,  that  the  purpose  of  any  such
executive session shall be set forth in the official  minutes
of  the  Authority  and business which is not related to such
purpose shall not be transacted, nor shall any vote be  taken
during such executive sessions.

    Section  810-40.  Tax  Exemption.  The  Illinois  Venture
Investment  Fund and all its proceeds shall be and are hereby
declared exempt from all franchise and income taxes levied by
the State, provided nothing  herein  shall  be  construed  to
exempt  from  any  such  taxes,  or  from any taxes levied in
connection with the manufacture, production, use or  sale  of
any technologies, products, processes or inventions which are
the  subject  of  any  agreement  earned by any enterprise in
which the Authority has invested.

                         ARTICLE 815
                       LAND BANK FUND

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

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

    Section  815-15.  Illinois Land Bank Fund; Creation; Use.
There  is  hereby  created  the  Illinois  Land  Bank   Fund,
hereafter  referred  to  in Sections 815-15 through 815-30 of
this Act as the "Fund". The Treasurer of the Authority  shall
have  custody of the Fund, which shall be held outside of the
State treasury. The Authority is authorized to accept any and
all grants, loans, subsidies, matching funds, reimbursements,
appropriations, transfers of  appropriations,  federal  grant
monies,  income  derived from investments, or other things of
value from the federal or state governments or units of local
government or any agency thereof or from  an  enterprise  for
deposit  in  the  Fund.  The  Authority  is authorized to use
monies deposited in  the  Fund  expressly  for  the  purposes
specified  in  and according to the procedures established by
Sections 815-20 through 815-30 of this Act.

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

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

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

                         ARTICLE 820
                      LOCAL GOVERNMENT
    Section  820-5. Findings and Declaration of Policy. It is
hereby found and declared that there exists an urgent need to
upgrade and expand the capital facilities, infrastructure and
public purpose projects of units of local government  and  to
promote  other  public purposes to be carried out by units of
local government; that federal  funding  reductions  combined
with  shifting  economic  conditions  have impeded efforts by
units  of  local  governments  to   provide   the   necessary
improvements  to  their  capital  facilities,  infrastructure
systems  and  public purpose projects and to accomplish other
public  purposes  in  recent   years;   that   adequate   and
well-maintained  capital  facilities,  infrastructure systems
and public purpose projects throughout  this  State  and  the
performance  of  other  public  purposes  by  units  of local
government  throughout  this  State  can  offer   significant
economic  benefits  and  an  improved quality of life for all
citizens of this State; that the exercise by the Authority of
the powers granted in  this  Article  will  promote  economic
development  by enhancing the capital stock of units of local
governments and will facilitate the accomplishment  of  other
public   purposes   by   units   of  local  government;  that
authorizing the Authority to borrow money in the  public  and
private capital markets in order to provide money to purchase
or otherwise acquire obligations of units of local government
will assist such units of local government in borrowing money
to finance and refinance the public purpose projects, capital
facilities  and  infrastructure  of  the units and to finance
other public purposes of such units of local  government,  in
providing  access  to adequate capital markets and facilities
for borrowing money by such units  of  local  government,  in
encouraging continued investor interest in the obligations of
such  units of local government, in providing for the orderly
marketing  of  the  obligations  of  such  units   of   local
government, and in achieving lower overall borrowing cost and
more  favorable  terms  for  such  borrowing;  and  that  the
provisions  of  this Article are hereby declared to be in the
public interest and for the public benefit.

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

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

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

    Section 820-25. Unit of Local  Government  Participation.
Any  unit  of  local  government is authorized to voluntarily
participate in this program. Any  unit  of  local  government
which  is  authorized  to  issue,  sell and deliver its local
government securities under any provision of the Constitution
or laws of the State may issue, sell and deliver  such  local
government  securities  to  the Authority under this Article;
provided that and notwithstanding any other provision of  law
to  the contrary, any such unit of local government may issue
and sell any such local government security at  any  interest
rate  or  rates, which rate or rates may be established by an
index  or  formula  which  may  be  implemented  by   persons
appointed  or  retained  therefor,  payable  at  such time or
times, and at such price or prices to which the unit of local
government and the Authority may agree.  Any  unit  of  local
government  may  pay  any  amount  charged  by  the Authority
pursuant to  this  Article.  Any  unit  of  local  government
participating  in this program may pay out of the proceeds of
its local government securities or out of any other moneys or
funds available to it for  such  purposes  any  costs,  fees,
interest  deemed  necessary,  premium or reserves incurred or
required for financing or refinancing this program, including
without limitation any fees charged by the Authority pursuant
to  this  Article  and  its  share,  as  determined  by   the
Authority,  of  any  costs,  fees, interest deemed necessary,
premium or reserves incurred or required pursuant to  Section
820-20 of this Act. All local government securities purchased
or  otherwise  acquired by the Authority pursuant to this Act
shall upon delivery to the Authority  be  accompanied  by  an
approving  opinion of bond counsel as to the validity of such
securities. The Authority shall have discretion  to  purchase
or otherwise acquire those local government securities, as it
shall  deem  to  be  in  the  best  interest of its financing
program for all units of local government taken as a whole.

    Section  820-30.  Criteria  for  Participation   in   the
Program.   If  the  Authority  requires  an  application  for
participation in the Program, upon  submission  of  any  such
application,  the  Authority  or  any entity on behalf of the
Authority shall review such application for its  completeness
and may, at its discretion, accept or reject such application
or  request such additional information as it deems necessary
or advisable to aid its review. In the course of its  review,
the  Authority  may  consider but shall not be limited to the
following factors:
    (a) Whether  the  public  purpose  for  which  the  local
government  security  is to be issued will have a significant
impact on the economy, environment, health or safety  of  the
unit of local government;
    (b)  The extent to which the public purpose for which the
local government  security  is  to  be  issued  will  provide
reinforcement  for  other  community and economic development
related investments by such units of local government;
    (c) The creditworthiness of the unit of local  government
and   the   local  government  security,  including,  without
limitation, the ability of the unit of  local  government  to
comply  with  the  credit requirements of the provider of any
guarantees, letters of credit, insurance contracts  or  other
similar credit support or liquidity instruments; and
    (d)  Such  other  factors  as  deemed  necessary  by  the
Authority which are consistent with the intent of this Act.

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

    Section  820-40.  Investment of Moneys. Any moneys at any
time held by the Authority pursuant to this Article shall  be
held  outside the State treasury in the custody of either the
Treasurer  of  the  Authority  or  a  trustee  or  depository
appointed by the Authority. Such moneys may  be  invested  in
(a)  investments  authorized  by  the Public Funds Investment
Act, (b) obligations issued  by  any  State,  unit  of  local
government or school district, which obligations are rated at
the  time of purchase by a national rating service within the
2 highest rating classifications without regard to any rating
refinement or gradation by numerical or other  modifier,  (c)
equity  securities  of an investment company registered under
the Investment Company Act of l940 whose sole  assets,  other
than  cash  and  other temporary investments, are obligations
which are eligible investments  for  the  Authority,  or  (d)
investment   contracts  under  which  securities  are  to  be
purchased and sold at a predetermined price on a future date,
or pursuant to which moneys are  deposited  with  a  bank  or
other  financial  institution  and  the  deposits are to bear
interest  at  an  agreed  upon  rate,  provided   that   such
investment  contracts  are  with  a  bank  or other financial
institution whose  obligations  are  rated  at  the  time  of
purchase  by  a  national rating service within the 2 highest
rating  classifications  without   regard   to   any   rating
refinement  or  gradation by numerical or other modifier. The
interest, dividends or other earnings from  such  investments
may  be  used  to  pay  administrative costs of the Authority
incurred  in  administering  the  program   or   trustee   or
depository fees incurred in connection with such program.

    Section  820-45. Pledge of Revenues by the Authority. Any
pledge of revenues or other  moneys  made  by  the  Authority
shall  be  binding from the time the pledge is made. Revenues
and other moneys so pledged shall  be  held  outside  of  the
State  treasury and in the custody of either the Treasurer of
the Authority or a trustee or a depository appointed  by  the
Authority. Revenues or other moneys so pledged and thereafter
received by the Authority or such trustee or depository shall
immediately  be subject to the lien of the pledge without any
physical delivery thereof or further act, and the lien of any
pledge shall be binding against all parties having claims  of
any   kind   of  tort,  contract  or  otherwise  against  the
Authority, irrespective of whether the  parties  have  notice
thereof.  Neither  the resolution nor any other instrument by
which a pledge is created need be filed or recorded except in
the records of the Authority. The State does  pledge  to  and
agree with the holders of bonds, and the beneficial owners of
the  local  government  securities,  that  the State will not
limit or restrict the rights hereby vested in  the  Authority
to   purchase,  acquire,  hold,  sell  or  dispose  of  local
government securities or other investments  or  to  establish
and  collect  such fees or other charges as may be convenient
or necessary to  produce  sufficient  revenues  to  meet  the
expenses  of  operation  of the Authority, and to fulfill the
terms of any agreement made with the holders of the bonds  or
the  beneficial  owners of the local government securities or
in any way impair the rights or remedies of  the  holders  of
those  bonds or the beneficial owners of the local government
securities until such bonds or  local  government  securities
are  fully paid and discharged or provision for their payment
has been made.

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

    Section 820-55. Eligible Investments.  Bonds,  issued  by
the  Authority  pursuant  to  the provisions of this Article,
shall be permissible investments  within  the  provisions  of
Section 805-40 of this Act.

    Section  820-60.  Tax  Exemption.  The exercise of powers
granted in this Article is in all respects for the benefit of
the people of Illinois and in consideration thereof the bonds
issued pursuant to the aforementioned Sections and the income
therefrom shall be free from all taxation by the State or its
political  subdivisions,  except  for  estate,  transfer  and
inheritance  taxes.  For  purposes  of  Section  250  of  the
Illinois Income Tax Act, the exemption  of  the  income  from
bonds   issued   under   the  aforementioned  Sections  shall
terminate after all of the bonds have been paid.  The  amount
of such income that shall be added and then subtracted on the
Illinois income tax return of a taxpayer, pursuant to Section
203  of  the  Illinois  Income Tax Act, from federal adjusted
gross income or federal taxable income in computing  Illinois
base  income  shall  be  the interest net of any bond premium
amortization.
                         ARTICLE 825
                        OTHER POWERS

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

    Section  825-10.  The Authority may develop a program for
financing the production of motion pictures in the  State  of
Illinois.  All  projects  financed  by  the  Authority  shall
require  the  approval  of both the Illinois Arts Council and
the Authority.

    Section 825-15. Credit Enhancement Development Fund.
    (a)  There  is  hereby  created  the  Credit  Enhancement
Development Fund in the Authority. The Treasurer  shall  have
custody  of  the  fund, which shall be held outside the State
treasury. Custody may be  transferred  to  and  held  by  any
fiduciary with whom the Authority executes a trust agreement.
All  or  any  portion  of such amounts may be used (i) to pay
principal, interest and premium, if any, on any bonds  issued
by  the Authority or to fund any reserves or accounts created
for such purpose, (ii) to pay  the  cost  of  any  letter  of
credit,  insurance  or  third  party  guarantee provided with
respect to any bond issued by the Authority or loan  made  by
the  Authority,  (iii)  to guarantee or otherwise enhance the
credit of any bond issued by the Authority or  loan  made  by
the   Authority,  or  (iv)  to  make  loans  to  any  person,
corporation or unit  of  local  government  for  any  project
authorized to be financed by the Authority under this Act.
    (b)  The  Authority  shall report to the Governor and the
General Assembly no later than June 1, 2004, on the extent to
which its use  of  monies  in  this  Fund  has  enhanced  the
creditworthiness  of  its  bonds  issued  or  loans made with
respect to any person, thereby reducing the cost of financing
projects authorized by this Act.

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

    Section  825-25.  Definition.  As used in Sections 825-20
through 825-60 of this Act, the term "financially  distressed
city"  means  a  unit  of  local  government  which  has been
certified and designated as  a  financially  distressed  city
under  Section  8-12-4  of the Illinois Municipal Code and to
which the provisions of Division 12 of Article 8 of that Code
have become applicable as provided by that Section 8-12-4.
    Section 825-30. Powers and Duties; Financing.
    (a) Upon application of the financial advisory  authority
established  for a financially distressed city under Division
12 of Article 8 of the Illinois Municipal Code, the Authority
shall have the power to  issue  its  bonds,  notes  or  other
evidences  of  indebtedness,  the proceeds of which are to be
used to make loans  to  a  financially  distressed  city  for
purposes  of  enabling  that  city to restructure its current
indebtedness  and  to  provide  and  pay  for  its  essential
municipal services as determined in a manner consistent  with
Division  12  of  Article 8 of the Illinois Municipal Code by
the financial advisory authority established  for  that  city
under that Division 12.
    (b)  Bonds authorized to be issued by the Authority under
Sections 825-20 through 825-60 shall  be  payable  from  such
revenues,  income,  funds  and  accounts  of  the financially
distressed city which receives a loan of any proceeds of  the
bonds   so  issued  as  the  Authority  shall  determine  and
prescribe in the loan agreement.
    (c) The Authority may prescribe the form and contents  of
any  application  submitted  under  subsection  (a)  of  this
Section  and  may,  at  its discretion, accept or reject such
application or require  such  additional  information  as  it
deems  necessary  to  aid  in its review and determination of
whether it will issue its bonds and loan the proceeds thereof
as authorized under Sections 825-20 through 825-60.
    (d) The amount of bonds issued or proceeds thereof loaned
by the Authority with respect to  an  application  which  the
Authority has approved shall be determined by the Authority.
    (e)  The  financially  distressed  city  receiving a loan
under Sections 825-20 through 825-60 shall enter into a  loan
agreement in the form and manner prescribed by the Authority,
and  shall  pay back to the Authority the principal amount of
the  loan,  plus  annual  interest  as  determined   by   the
Authority.  The  Authority  shall  have the power, subject to
appropriations by the General Assembly, to subsidize  or  buy
down  a  portion  of the interest on such loans, up to 4% per
annum.
    (f) The Authority  shall  create  and  establish  a  debt
service  reserve  fund to be maintained by a trustee separate
and segregated from all  other  funds  and  accounts  of  the
Authority.  This  reserve fund shall be initially funded by a
contribution of State monies.
    (g) The amount to be  accumulated  in  the  debt  service
reserve  fund  shall be determined by the Authority but shall
not exceed the maximum  amount  of  interest,  principal  and
sinking  fund  installments  due  in  any succeeding calendar
year.

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

    Section 825-40. Additional security. In  the  event  that
the  Authority  determines that funds pledged, intercepted or
otherwise received or to be received by the  Authority  under
Section  825-20  of  this  Act will not be sufficient for the
payment of the  principal,  premium,  if  any,  and  interest
during  the next State fiscal year on any bonds issued by the
Authority under Sections 825-20 through 825-60, the Chairman,
as soon as is practicable, shall certify to the Governor  the
amount  required  by  the  Authority  to enable it to pay the
principal, premium, if any, and interest falling due on  such
bonds.  The  Governor shall submit the amount so certified to
the General Assembly as soon as  practicable,  but  no  later
than the end of the current State fiscal year. This paragraph
shall  not apply to any bonds as to which the Authority shall
have  determined,  in  the   resolution   authorizing   their
issuance,  that  this paragraph shall not apply. Whenever the
Authority makes such a  determination,  that  fact  shall  be
plainly  stated on the face of such bonds and that fact shall
also  be  reported  to  the  Governor.  In  the  event  of  a
withdrawal  of  moneys  from  a  debt  service  reserve  fund
established with respect to any issue or issues of  bonds  of
the  Authority  to pay principal and interest on those bonds,
the Chairman, as soon as practicable, shall  certify  to  the
Governor the amount required to restore such reserve funds to
the  level  required  in the resolution or indenture securing
the bonds. The Governor shall submit the amount so  certified
to the General Assembly as soon as practicable, but not later
than the end of the current State fiscal year.

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

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

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

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

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

    Section  825-75.  Additional  Security. In the event that
the Authority determines that monies of  the  Authority  will
not  be  sufficient  for  the payment of the principal of and
interest on any bonds issued by the Authority under  Sections
825-65  through  825-75  of  this  Act  for energy generation
projects that advance clean coal technology and  the  use  of
Illinois   coal  during  the  next  State  fiscal  year,  the
Chairperson, as soon as practicable,  shall  certify  to  the
Governor the amount required by the Authority to enable it to
pay  such  principal,  premium,  if any, and interest on such
bonds. The Governor shall submit the amount so  certified  to
the  General  Assembly  as  soon as practicable, but no later
than  the  end  of  the  current  State  fiscal  year.   This
subsection  shall not apply to any bonds or notes as to which
the  Authority  shall  have  determined,  in  the  resolution
authorizing the issuance of the bonds  or  notes,  that  this
subsection shall not apply. Whenever the Authority makes such
a  determination,  that  fact  shall be plainly stated on the
face of the bonds or notes  and  that  fact  should  also  be
reported  to  the  Governor.  In the event of a withdrawal of
moneys from a reserve fund established with  respect  to  any
issue  or  issues of bonds of the Authority to pay principal,
premium, if any, and interest on such bonds, the Chairman  of
the  Authority,  as soon as practicable, shall certify to the
Governor the amount required to restore the reserve  fund  to
the  level  required  in the resolution or indenture securing
those  bonds.  The  Governor  shall  submit  the  amount   so
certified to the General Assembly as soon as practicable, but
no  later  than the end of the current State fiscal year. The
Authority shall obtain written approval from the Governor for
any bonds and notes to be issued under this Section.

                         ARTICLE 830
                   AGRICULTURAL ASSISTANCE

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

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

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

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

    Section  830-25.  Bonded  indebtedness  limitation.   The
Authority  shall  not  have outstanding at any one time State
Guarantees under Section 830-30  in  an  aggregate  principal
amount  exceeding  $160,000,000. The Authority shall not have
outstanding at any one time State Guarantees  under  Sections
830-35,  830-45  and  830-50 in an aggregate principal amount
exceeding $75,000,000.

    Section 830-30. State Guarantees for existing debt.
    (a) The Authority is authorized to issue State Guarantees
for farmers'  existing  debts  held  by  a  lender.  For  the
purposes  of  this  Section,  a farmer shall be a resident of
Illinois, who is a principal operator of a farm or  land,  at
least  50%  of  whose  annual  gross  income  is derived from
farming and whose debt to asset ratio shall not be less  than
40%, except in those cases where the applicant has previously
used  the  guarantee  program there shall be no debt to asset
ratio  or  income  restriction.  For  the  purposes  of  this
Section,  debt  to  asset  ratio  shall  mean   the   current
outstanding  liabilities of the farmer divided by the current
outstanding  assets  of  the  farmer.  The  Authority   shall
establish  the  maximum permissible debt to asset ratio based
on criteria established by the Authority. Lenders shall apply
for the State Guarantees on forms provided by  the  Authority
and  certify  that  the  application  and any other documents
submitted are true and correct. The lender  or  borrower,  or
both  in  combination,  shall  pay  an  administrative fee as
determined  by  the  Authority.  The   applicant   shall   be
responsible  for  paying  any  fees  or  charges  involved in
recording   mortgages,   releases,   financing    statements,
insurance  for  secondary market issues and any other similar
fees or charges as the Authority may require. The application
shall at  a  minimum  contain  the  farmer's  name,  address,
present credit and financial information, including cash flow
statements,  financial  statements,  balance  sheets, and any
other information  pertinent  to  the  application,  and  the
collateral  to  be  used  to  secure  the State Guarantee. In
addition, the lender must agree to bring the farmer's debt to
a current status at the time the State Guarantee is  provided
and  must also agree to charge a fixed or adjustable interest
rate which the Authority determines to be  below  the  market
rate of interest generally available to the borrower. If both
the  lender  and  applicant  agree,  the interest rate on the
State Guarantee Loan can be converted  to  a  fixed  interest
rate  at  any  time  during  the  term of the loan. Any State
Guarantees provided under this Section (i) shall  not  exceed
$500,000  per  farmer,  (ii)  shall  be  set  up on a payment
schedule not to exceed 30 years, and shall be no longer  than
30 years in duration, and (iii) shall be subject to an annual
review  and renewal by the lender and the Authority; provided
that only one such State Guarantee shall be  outstanding  per
farmer  at  any one time. No State Guarantee shall be revoked
by the Authority without a 90-day notice, in writing, to  all
parties. In those cases where the borrower has not previously
used the guarantee program, the lender shall not call due any
loan  during the first 3 years for any reason except for lack
of performance or insufficient  collateral.  The  lender  can
review  and  withdraw or continue with the State Guarantee on
an annual basis after the first 3 years of the loan, provided
a 90-day notice, in writing, to all parties has been given.
    (b)  The  Authority  shall  provide  or  renew  a   State
Guarantee to a lender if:
         (i)  A  fee  equal to 25 basis points on the loan is
    paid to the Authority on an annual basis by the lender.
         (ii)  The application provides collateral acceptable
    to the Authority that is at least equal  to  the  State's
    portion of the Guarantee to be provided.
         (iii)  The  lender  assumes  all  responsibility and
    costs for pursuing legal action on  collecting  any  loan
    that is delinquent or in default.
         (iv)  The lender is responsible for the first 15% of
    the outstanding principal of the note for which the State
    Guarantee has been applied.
    (c) There is hereby created outside of the State treasury
a  special fund to be known as the Illinois Agricultural Loan
Guarantee Fund. The State Treasurer  shall  be  custodian  of
this  Fund.  Any  amounts  in  the Illinois Agricultural Loan
Guarantee Fund not currently needed to meet  the  obligations
of  the  Fund  shall  be invested as provided by law, and all
interest earned from these  investments  shall  be  deposited
into  the  Fund  until  the  Fund  reaches the maximum amount
authorized in this Act; thereafter, interest earned shall  be
deposited  into  the General Revenue Fund. After September 1,
1989, annual investment earnings equal to 1.5%  of  the  Fund
shall  remain  in  the  Fund  to  be  used  for  the purposes
established in Section 830-40 of this Act. The  Authority  is
authorized  to  transfer  to  the  Fund  such  amounts as are
necessary to satisfy claims during the duration of the  State
Guarantee  program  to  secure  State Guarantees issued under
this Section. If for any reason the General Assembly fails to
make an appropriation sufficient to meet  these  obligations,
this  Act  shall  constitute  an  irrevocable  and continuing
appropriation of an amount necessary to secure guarantees  as
defaults  occur  and the irrevocable and continuing authority
for,  and  direction  to,  the  State   Treasurer   and   the
Comptroller  to  make the necessary transfers to the Illinois
Agricultural  Loan  Guarantee  Fund,  as  directed   by   the
Governor,  out  of  the  General Revenue Fund. Within 30 days
after November 15, 1985, the Authority  may  transfer  up  to
$7,000,000  from  available  appropriations into the Illinois
Agricultural Loan Guarantee Fund for  the  purposes  of  this
Act.   Thereafter,  the  Authority  may  transfer  additional
amounts into the Illinois Agricultural Loan Guarantee Fund to
secure guarantees for defaults  as  defaults  occur.  In  the
event  of default by the farmer, the lender shall be entitled
to, and the Authority shall  direct  payment  on,  the  State
Guarantee  after  90 days of delinquency. All payments by the
Authority shall be made from the Illinois  Agricultural  Loan
Guarantee Fund to satisfy claims against the State Guarantee.
The Illinois Agricultural Loan Guarantee Fund shall guarantee
receipt  of  payment of the 85% of the principal and interest
owed on the  State  Guarantee  Loan  by  the  farmer  to  the
guarantee  holder.  It  shall  be  the  responsibility of the
lender to  proceed  with  the  collecting  and  disposing  of
collateral  on  the  State  Guarantee within 14 months of the
time the State Guarantee is  declared  delinquent;  provided,
however,  that  the  lender  shall  not collect or dispose of
collateral on the State Guarantee without the express written
prior approval of the  Authority.  If  the  lender  does  not
dispose  of the collateral within 14 months, the lender shall
be liable to  repay  to  the  State  interest  on  the  State
Guarantee  equal to the same rate which the lender charges on
the State Guarantee; provided, however,  that  the  Authority
may  extend  the  14-month period for a lender in the case of
bankruptcy or extenuating circumstances. The  Fund  shall  be
reimbursed  for  any  amounts  paid  under  this Section upon
liquidation of the collateral. The Authority,  by  resolution
of  the  Board, may borrow sums from the Fund and provide for
repayment as  soon  as  may  be  practical  upon  receipt  of
payments  of principal and interest by a farmer. Money may be
borrowed from the Fund by the Authority for the sole  purpose
of  paying certain interest costs for farmers associated with
selling a loan subject to a State Guarantee  in  a  secondary
market  as  may  be  deemed  reasonable  and necessary by the
Authority.
    (d) Notwithstanding the provisions of this Section 830-30
with respect to the farmers and lenders who may obtain  State
Guarantees,  the  Authority may promulgate rules establishing
the eligibility of farmers and lenders to participate in  the
State   guarantee  program  and  the  terms,  standards,  and
procedures that will apply, when  the  Authority  finds  that
emergency conditions in Illinois agriculture have created the
need  for  State Guarantees pursuant to terms, standards, and
procedures other than those specified in this Section.

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

    Section 830-40. Cooperative agreement with the University
of Illinois.
    (a)  The Authority may enter into a cooperative agreement
with the University  of  Illinois  whereby  the  University's
College of Agriculture, or a department thereof, shall assess
and  evaluate the need for additional, and the performance of
existing, State credit and finance programs  administered  by
the Authority for farmers and agribusinesses. Pursuant to the
cooperative  agreement,  the  Authority  may request from the
University an evaluation of financial positions  and  lending
risks of existing farm operations and existing and developing
agricultural  industries, an assessment and evaluation of the
design, operation and performance of  existing  and  proposed
credit  programs,  an assessment of potential for development
of agricultural industry, an assessment of the performance of
credit markets  and  development  of  improved  State  credit
instruments  and  programs,  and any other information deemed
necessary by the Authority to  carry  forth  its  credit  and
finance programs.
    (b) A cooperative agreement entered into by the Authority
and  the  University  may  provide  for  payment for services
rendered  by  the  University  pursuant  to  the  cooperative
agreement from interest earnings remaining  in  the  Illinois
Agricultural  Loan Guarantee Fund, as provided for in Section
830-30 of this Act, and the Illinois Farmer and  Agribusiness
Loan  Guarantee  Fund,  as  provided for in Section 830-40 of
this Act.

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

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

                         ARTICLE 840
                HEALTH FACILITIES DEVELOPMENT

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

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

    Section 840-15. The Authority is authorized and empowered
to acquire, directly or by and through a participating health
institution  as  its  agent,  by  purchase  solely from funds
provided under the authority of  this  Act,  or  by  gift  or
legacy,  such  lands, structures, property, real or personal,
rights,  rights-of-way,  franchises,  easements   and   other
interests  in  lands,  including  lands lying under water and
riparian rights, which are located within the State as it may
deem  necessary  or  convenient  for  the   construction   or
operation of a project, upon such terms and at such prices as
may  be  considered  by it to be reasonable and can be agreed
upon between it and the owner  thereof,  and  to  take  title
thereto  in  the  name  of  the Authority or in the name of a
participating health institution as its agent.
    Section 840-20. It is the intent and purpose of this  Act
that  the  exercise by the Authority of the powers granted to
it shall be in all respects for the benefit of the people  of
this State to assist them to provide needed health facilities
of  the  number, size, type, distribution, and operation that
will assure admission and care of high  quality  to  all  who
need  it.  To  this  end,  the  Authority is charged with the
responsibility to identify and study all projects  which  are
determined by health planning agencies to be needed but which
could  not  sustain  a  loan were such to be made to it under
this  Act.  The  Authority  shall,  following   such   study,
formulate   and  recommend  to  the  General  Assembly,  such
amendments to this and other Acts, and  such  other  specific
measures  as  grants,  loan guarantees, interest subsidies or
other actions as may be  provided  for  by  the  State  which
actions  would  render the construction and operation of such
needed health facility feasible and in the  public  interest.
Further,  the  Authority  is  charged  with responsibility to
identify and study any laws or  regulations  which  it  finds
handicaps or bars a needed health facility from participating
in  the  benefits of this Act and to recommend to the General
Assembly such actions as will remedy such situation.

    Section 840-25. The Authority shall fix,  revise,  charge
and  collect  rents for the use of each health facility owned
by the Authority and contract with any  person,  partnership,
association or corporation, or other body, public or private,
in  respect thereof. Each lease entered into by the Authority
with a participating health institution and  each  agreement,
note, mortgage or other instrument evidencing the obligations
of  a participating health institution to the Authority shall
provide that the  rents  or  principal,  interest  and  other
charges  payable  by  or for the benefit of the participating
health institution or  the  process  of  accounts  receivable
purchased  by  the  Authority  from  the participating health
institution shall be sufficient at all times, (a) to pay  its
share  of  the  administrative  costs  and  expenses  of  the
Authority,  (b) to pay the cost of maintaining, repairing and
operating the project and other related health facilities and
each and every portion thereof, (c) to pay the principal  of,
the premium, if any, and the interest on outstanding bonds of
the  Authority  issued in respect of such project as the same
shall become due and payable, and (d) to create and  maintain
reserves  which  may but need not be required or provided for
in  the  bond  resolution  relating  to  such  bonds  of  the
Authority. The Authority shall pledge  the  revenues  derived
and  to  be  derived  from  a project or other related health
facilities or from a participating health institution  or  an
affiliate thereof for the purposes specified in (a), (b), (c)
and (d) of the preceding sentence and additional bonds may be
issued  which  may rank on a parity with other bonds relating
to the project to the extent and on the terms and  conditions
provided  in  the bond resolution. Such pledge shall be valid
and binding from the  time  when  the  pledge  is  made;  the
revenues  so  pledged  by  the Authority shall immediately be
subject to the lien  of  such  pledge  without  any  physical
delivery  thereof  or  further  act  and the lien of any such
pledge shall be valid and  binding  as  against  all  parties
having  claims  of  any  kind  in tort, contract or otherwise
against the Authority, irrespective of whether  such  parties
have  notice  thereof.  Neither  the  bond resolution nor any
financing  statement,   continuation   statement   or   other
instrument  by  which  a  pledge  is  created or by which the
Authority's interest in revenues is assigned need be filed or
recorded in any public records in order to perfect  the  lien
thereof  as  against  third parties except that a copy of the
bond  resolution  shall  be  filed  in  the  records  of  the
Authority and with the Secretary of State.
    Section 840-30. It is intended that  all  private  health
facilities  in  this  State  be  enabled  to benefit from and
participate in the provisions of this Act. To this  end,  all
private  health  facilities  operating,  or  authorized to be
operated, under any statute of this State are authorized  and
empowered  to undertake projects, as defined in this Act, and
to utilize the financing sources  and  methods  of  repayment
provided by this Act, the provisions of any other laws to the
contrary  notwithstanding.  Notwithstanding the provisions of
any other law to the contrary, the State of Illinois and  any
political  subdivision,  agency, instrumentality, district or
municipality thereof owning or operating any health  facility
is  hereby  authorized  to  take  all  actions  necessary  or
appropriate  and to execute and deliver any and all evidences
of indebtedness and agreements,  including  loan  agreements,
leases  and  agreements  providing for credit enhancement, as
may  be  necessary  to  permit  such  publicly  owned  health
facility to avail itself of the provisions of this  Act.  Any
evidence  of  indebtedness  or  agreement entered into by the
State or any political subdivision, agency,  instrumentality,
district  or  municipality  thereof  pursuant to this Act may
provide for the payment of interest at such rate or rates  as
shall   be  determined  by  the  issuer  thereof  or  obligor
thereunder  and  may  be  issued  or  entered  into   without
referendum  approval;  provided,  that  this Act shall not be
deemed to be independent authority for levy of any  taxes  to
pay  an  obligation  owing  from  the  State or any political
subdivision,    agency,    instrumentality,    district    or
municipality thereof and arising  hereunder  or  incurred  in
connection with a financing pursuant hereto.

                         ARTICLE 845
           AUTHORITY DEBTS, CONTRACTS AND REPORTS
    Section  845-5. The Authority may not have outstanding at
any one time bonds for any of its corporate  purposes  in  an
aggregate   principal   amount   exceeding   $23,000,000,000,
excluding  bonds  issued to refund the bonds of the Authority
or bonds of the Predecessor Authorities.

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

    Section  845-15.  The Authority may maintain an office or
branch office anywhere in the State, and may utilize, without
the payment of rent, any office facilities  which  the  State
may conveniently make available to it.

    Section  845-20.  The  Authority  shall not have power to
levy taxes for any purpose whatsoever.

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

    Section  845-30.  The  State  and  all  counties, cities,
villages,   incorporated   towns    and    other    municipal
corporations,  political  subdivisions and public bodies, and
public officers of any thereof,  all  banks,  bankers,  trust
companies,  savings banks and institutions, building and loan
associations,  savings  and  loan  associations,   investment
companies  and  other persons carrying on a banking business,
all insurance companies,  insurance  associations  and  other
persons  carrying on an insurance business and all executors,
administrators, guardians, trustees and other fiduciaries may
legally invest any  sinking  funds,  moneys  or  other  funds
belonging  to  them  or  within their control in any bonds or
evidences of indebtedness issued  pursuant  to  this  Act  or
issued  by  the Predecessor Authorities, it being the purpose
of this Section to authorize the investment in such bonds  or
evidences   of   indebtedness   of  all  sinking,  insurance,
retirement, compensation, pension and  trust  funds,  whether
owned or controlled by private or public persons or officers;
provided, however, that nothing contained in this Section may
be  construed  as  relieving  any  person  from  any  duty of
exercising  reasonable  care  in  selecting  securities   for
purchase or investment.

    Section 845-35. Under no circumstances shall any bonds or
other  evidences  of  indebtedness issued by the Authority or
the Predecessor Authorities under this Act or under any other
law be or become an indebtedness or obligation of  the  State
of   Illinois,  within  the  purview  of  any  constitutional
limitation or provision, and it shall be  plainly  stated  on
the  face of each bond or other evidence of indebtedness that
it does not constitute such an indebtedness or obligation but
is  payable  solely  from  the  revenues  or  income  of  the
Authority.

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

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

    Section 845-50. The fiscal year for the  Authority  shall
commence  on the first of July. As soon after the end of each
fiscal year as may be expedient, the Authority shall cause to
be prepared and  printed  a  complete  report  and  financial
statement   of   its   operations   and  of  its  assets  and
liabilities. A reasonably sufficient number of copies of such
report  shall  be  printed  for   distribution   to   persons
interested,  upon  request, and a copy thereof shall be filed
with  the  Governor,  the  Secretary  of  State,  the   State
Comptroller,  the Secretary of the Senate and the Chief Clerk
of the House of Representatives.

    Section  845-55.  For  the  purposes  of   the   Illinois
Securities  Law  of 1953, bonds issued by the Authority shall
be deemed to be securities issued by a public instrumentality
of the State of Illinois.

    Section 845-60. Tax  Exemption.  The  tax  exemptions  of
outstanding  bonds  issued  by  the  Predecessor  Authorities
pursuant  to sections of the enabling acts of the Predecessor
Authorities applicable  to  those  bonds  when  issued  shall
remain valid and continue to be recognized by the State until
final  payment  of those bonds, notwithstanding the repeal of
the enabling acts of the Predecessor Authorities.
    Section 845-65. If any provision  of  this  Act  is  held
invalid, such provision shall be deemed to be excised and the
invalidity   thereof  shall  not  affect  any  of  the  other
provisions of this Act. If the application of  any  provision
of this Act to any person or circumstance is held invalid, it
shall  not  affect  the application of such provision to such
persons or circumstances other than those as to which  it  is
held invalid.

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

    Section 845-75. Transfer  of  functions  from  previously
existing  authorities  to the Illinois Finance Authority. The
Illinois Finance Authority created by  the  Illinois  Finance
Authority  Act  shall  succeed  to,  assume  and exercise all
rights,  powers,   duties   and   responsibilities   formerly
exercised  by  the following Authorities and entities (herein
called the "Predecessor Authorities") prior to the  abolition
of the Predecessor Authorities by this Act:
    The Illinois Development Finance Authority
    The Illinois Farm Development Authority
    The Illinois Health Facilities Authority
    The Illinois Educational Facilities Authority
    The Illinois Community Development Finance Corporation
    The Illinois Rural Bond Bank
    The Research Park Authority
    All   books,   records,  papers,  documents  and  pending
business in any way pertaining to the Predecessor Authorities
are transferred to the Illinois Finance  Authority,  but  any
rights  or  obligations of any person under any contract made
by, or  under  any  rules,  regulations,  uniform  standards,
criteria  and  guidelines  established  or  approved by, such
Predecessor Authorities  shall  be  unaffected  thereby.  All
bonds,  notes  or other evidences of indebtedness outstanding
on the effective date of this Act shall be unaffected by  the
transfer  of  functions to the Illinois Finance Authority. No
rule,   regulation,   standard,   criteria    or    guideline
promulgated,  established  or  approved  by  the  Predecessor
Authorities pursuant to an exercise of any right, power, duty
or  responsibility assumed by and transferred to the Illinois
Finance Authority shall be affected by this Act, and all such
rules, regulations, standards, criteria and guidelines  shall
become  those  of  the  Illinois Finance Authority until such
time as they are amended or repealed by the Illinois  Finance
Authority.

    Section  845-80.  Any  reference  in statute, in rule, or
otherwise to the following entities is  a  reference  to  the
Illinois Finance Authority created by this Act:
    The Illinois Development Finance Authority.
    The Illinois Farm Development Authority.
    The Illinois Health Facilities Authority.
    The Illinois Research Park Authority.
    The Illinois Rural Bond Bank.
    The Illinois Educational Facilities Authority.
    The Illinois Community Development Finance Corporation.

    Section  845-85.   Any  reference in statute, in rule, or
otherwise to the following Acts is a reference to this Act:
    The Illinois Development Finance Authority Act.
    The Illinois Farm Development Act.
    The Illinois Health Facilities Authority Act.
    The Illinois Research Park Authority Act.
    The Rural Bond Bank Act.
    The Illinois Educational Facilities Authority Act.
    The Illinois Community  Development  Finance  Corporation
Act.

                         ARTICLE 890
                    AMENDATORY PROVISIONS

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

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

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

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

    (20 ILCS 605/605-915) (was 20 ILCS 605/46.45)
    Sec.  605-915.  Assisting  local  governments  to achieve
lower  borrowing  costs.  To  cooperate  with  the   Illinois
Development  Finance Authority in assisting local governments
to achieve overall lower borrowing costs and  more  favorable
terms  under  Sections  7.50  through  7.61  of  the Illinois
Development  Finance  Authority  Act,  including  using   the
Department's    federally    funded   Community   Development
Assistance Program for those purposes.
(Source: P.A. 91-239, eff. 1-1-00.)
    (20 ILCS 605/605-920) (was 20 ILCS 605/46.47)
    Sec.  605-920.   Assisting   local    governments;   debt
management,  capital  facility planning, infrastructure.   To
provide, in cooperation with the Illinois Development Finance
Authority, technical assistance  to  local  governments  with
respect   to  debt  management  and  bond  issuance,  capital
facility planning, infrastructure  financing,  infrastructure
maintenance,  fiscal  management,  and  other  infrastructure
areas.
(Source: P.A. 91-239, eff. 1-1-00.)

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

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

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

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

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

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

    (20 ILCS 2310/2310-200) (was 20 ILCS 2310/55.53)
    Sec. 2310-200.  Programs  to  expand  access  to  primary
care.
    (a)  The  Department  shall establish a program to expand
access to comprehensive primary care in medically underserved
communities throughout Illinois.  This  program  may  include
the  provision  of financial support and technical assistance
to eligible community health centers.   To  be  eligible  for
those grants, community health centers must meet requirements
comparable to those enumerated in Sections 329 and 330 of the
federal  Public  Health  Service  Act.   In  establishing its
program, the Department shall avoid duplicating resources  in
areas already served by community health centers.
    (b)  The  Department  may develop financing programs with
the Illinois Development Finance Authority to carry  out  the
purposes  of the Civil Administrative Code of Illinois or any
other  Act   that   the   Department   is   responsible   for
administering.   The  Department may transfer to the Illinois
Development Finance Authority, into an account outside of the
State treasury,  any  moneys  it  deems  necessary  from  its
accounts  to  establish  bond  reserve  or credit enhancement
escrow accounts, or loan or equipment leasing programs.   The
disposition of moneys at the conclusion of any such financing
program shall be determined by an interagency agreement.
(Source: P.A. 91-239, eff. 1-1-00.)

    Section  890-6.   The  Asbestos  Abatement Finance Act is
amended by changing Sections 2 and 3 as follows:

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

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

    Section  890-7.   The  Illinois  Environmental Facilities
Financing Act is amended by changing Sections 3, 4, and 7  as
follows:

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

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

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

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

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

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

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

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

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

    (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
    Sec.  8-3.  Powers of the Department.  The Department has
the power to:
    (a)  provide business development  public  infrastructure
loans  or  grants from appropriations from the Build Illinois
Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
Illinois'  Future, and the Public Infrastructure Construction
Loan Fund to  local  governments  to  provide  or  improve  a
community's  public  infrastructure so as to create or retain
private sector  jobs  pursuant  to  the  provisions  of  this
Article;
    (b)  provide     affordable     financing    of    public
infrastructure loans and grants to, or on  behalf  of,  local
governments,  local  public entities, medical facilities, and
public health clinics from  appropriations  from  the  Public
Infrastructure  Construction  Loan  Fund  for  the purpose of
assisting with the financing, or application  and  access  to
financing,  of  a community's public infrastructure necessary
to health, safety, and economic development;
    (c)  enter into agreements, accept funds or  grants,  and
engage   in   cooperation   with   agencies  of  the  federal
government, or state or local governments to  carry  out  the
purposes  of  this  Article,  and  to  use funds appropriated
pursuant  to  this  Article   to   participate   in   federal
infrastructure  loan  and  grant programs upon such terms and
conditions as may be established by the federal government;
    (d)  establish application, notification,  contract,  and
other  procedures, rules, or regulations deemed necessary and
appropriate to carry out the provisions of this Article;
    (e)  coordinate  assistance  under  this   program   with
activities  of  the Illinois Development Finance Authority in
order to maximize the effectiveness and efficiency  of  State
development programs;
    (f)  coordinate assistance under the Affordable Financing
of  Public  Infrastructure  Loan  and  Grant Program with the
activities of the  Illinois  Development  Finance  Authority,
Illinois   Rural   Bond   Bank,   Illinois  Farm  Development
Authority, Illinois Housing Development  Authority,  Illinois
Environmental  Protection Agency, and other federal and State
programs  and  entities  providing  financing  assistance  to
communities  for  public   health,   safety,   and   economic
development infrastructure;
    (f-5)  provide staff, administration, and related support
required to manage the programs authorized under this Article
and pay for the staffing, administration, and related support
from  the  Public  Infrastructure Construction Loan Revolving
Fund;
    (g)  exercise such  other  powers  as  are  necessary  or
incidental to the foregoing.
(Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)
    Section  890-11.  The Illinois Pension Code is amended by
changing Sections 14-103.04 and 14-104.11 as follows:

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

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

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

    (50 ILCS 320/4) (from Ch. 85, par. 7204)
    Sec. 4.  Petition.
    (a)  This subsection (a)  applies  through  December  31,
1992.  Any  unit  of  local government upon a 2/3 vote of the
members of its governing body may petition the  Governor  for
the  establishment  of  a  financial planning and supervision
commission if  the  governing  body  of  the  unit  of  local
government  determines that a fiscal emergency, as defined in
Section 3, exists or will exist within 60 days. A copy of the
petition shall be filed with the Illinois Development Finance
Authority requesting  the  assistance  of  the  Authority  in
conducting an analysis of the financial condition of the unit
of local government.  A petition shall include the conditions
of  fiscal  emergency,  a  list  of  all amounts and types of
indebtedness or claims known to the unit of local government,
and which creditors are subject to  the  stay  provisions  of
Section 7 of this Act.
    (b)  This  subsection (b) applies on and after January 1,
1993. Any unit of local government upon a  2/3  vote  of  the
members  of  its governing body may petition the Governor for
the establishment of a  financial  planning  and  supervision
commission  if  the  governing  body  of  the  unit  of local
government determines that a fiscal emergency, as defined  in
Section  3,  exists or will exist within 60 days.  A petition
shall include the conditions of fiscal emergency and  a  list
of  all creditors of the unit of local government, which list
shall indicate the names, addresses,  amounts  and  types  of
indebtedness  or  claims of such creditors, and which of such
creditors are subject to the stay provisions of Section 7  of
this Act.
(Source: P.A. 86-1211; 87-853.)

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

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

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

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

    Section 890-14.  The Township Code is amended by changing
Section 85-10 as follows:
    (60 ILCS 1/85-10)
    Sec. 85-10.  Township corporate powers.
    (a)  Every  township  has  the  corporate   capacity   to
exercise  the  powers  granted to it, or necessarily implied,
and no others. Every township has  the  powers  specified  in
this Section.
    (b)  A township may sue and be sued.
    (c)  A  township  may  acquire  (by  purchase,  gift,  or
legacy)  and  hold  property, both real and personal, for the
use of its inhabitants and may sell and convey that property.
A township may purchase any real estate or personal  property
for  public purposes under contracts providing for payment in
installments over a period of time of not more than 20  years
in  the case of real estate and not more than 10 years in the
case  of  personal  property.  A  township  may  finance  the
purchase of any real estate or personal property  for  public
purpose  under  finance  contracts  providing  for payment in
installments over a period of time of not more than 20  years
in  the case of real estate and not more than 10 years in the
case  of  personal  property.  A  township  may  construct  a
township hall under contracts providing for  payment  over  a
period  of time of not more than 5 years. The interest on the
unpaid balance shall not exceed that permitted  in  the  Bond
Authorization Act.
    (d)  A  township  may make all contracts necessary in the
exercise of the township's powers.
    (e)  A  township  may  expend   or   contract   for   the
expenditure  of  any  federal  funds  made  available  to the
township by law for any purpose for which taxes imposed  upon
township  property  or  property  within  the township may be
expended.
    (f)  A township may acquire (singly  or  jointly  with  a
municipality  or municipalities) land or any interest in land
located within its township limits.  The township may acquire
the land or interest by gift, purchase, or otherwise, but not
by condemnation.  A township may (singly or jointly)  improve
or arrange for the improvement of the land for industrial  or
commercial  purposes  and  may  donate and convey the land or
interest in land so acquired and so improved to the  Illinois
Development Finance Authority.
    (g)  (Blank)
    (h)  It  is  the  policy  of  this  State that all powers
granted either expressly or by necessary implication by  this
Code,   any   other   Illinois   statute,   or  the  Illinois
Constitution to townships may be exercised by those townships
notwithstanding effects on competition. It is  the  intention
of  the General Assembly that the "State action exemption" to
the  application  of  federal  antitrust  statutes  be  fully
available to townships to the  extent  their  activities  are
authorized by law as stated in this Code.
    (i)  A  township  may  receive  funds  under  the federal
Housing and Community Development Act of 1974 and may  expend
or  contract  for  the  expenditure  of those funds and other
township funds for the activities specified in Section 105 of
that Act.  The powers granted under this subsection  (i)  are
in  addition  to powers otherwise possessed by a township and
shall not be construed as a limitation of those other powers.
    (j)  A  township  may  establish  reasonable   fees   for
recreation   and  instructional  programs  sponsored  by  the
township.
(Source: P.A. 88-62; incorporates 88-356 and 88-360;  88-670,
eff. 12-2-94; 89-331, eff. 8-17-95.)

    Section  890-15.   The Illinois Municipal Code is amended
by  changing  Sections  8-12-2,  8-12-3,   8-12-6,   8-12-19,
8-12-21,  8-12-22, 11-74.1-1, 11-113.1-1, 11-119-2, 11-129-3,
11-139-7, and 11-141-5 as follows:
    (65 ILCS 5/8-12-2) (from Ch. 24, par. 8-12-2)
    Sec. 8-12-2. (a) Pursuant to the authority of the General
Assembly  to  provide  for  the  public  health,  safety  and
welfare, the General Assembly hereby finds and declares  that
it  is the public policy and a public purpose of the State to
offer assistance to a financially distressed city so that  it
may  provide  for  the  health,  safety  and  welfare  of its
citizens, pay when due principal and  interest  on  its  debt
obligations,  meet  financial  obligations  to its employees,
vendors and  suppliers,  and  provide  for  proper  financial
accounting   procedures,  budgeting  and taxing practices, as
well as strengthen the human and economic development of  the
city.
    (b)  It  is  the  purpose  of  this Division to provide a
secure financial basis  for  the  continued  operation  of  a
financially  distressed  city.   The intention of the General
Assembly, in enacting this legislation is to establish sound,
efficient and generally accepted  accounting,  budgeting  and
taxing    procedures   and  practices  within  a  financially
distressed city, to provide powers to  a  financial  advisory
authority  established for a financially distressed city, and
to impose restrictions upon a financially distressed city  in
order to assist that city in assuring its financial integrity
while  leaving  municipal  services  policies  to  the  city,
consistent  with  the  requirements for satisfying the public
policy and purposes herein set forth.
    (c)  It also is the purpose of this Division to authorize
a  city  which  has  been  certified  and  designated  as   a
financially  distressed city under the procedure set forth in
Section 8-12-4, and which has by ordinance requested  that  a
financial  advisory  authority  be appointed for the city and
that  the  city  receive  assistance  as  provided  in   this
Division,  and  which  has  filed  certified  copies  of that
ordinance in the manner provided by Section 8-12-4, to  enter
into  such  agreements as are necessary to receive assistance
as provided in this Division and in applicable provisions  of
the Illinois Development Finance Authority Act.
(Source: P.A. 86-1211.)

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

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

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

    (65 ILCS 5/8-12-21) (from Ch. 24, par. 8-12-21)
    Sec. 8-12-21.  The Authority in its sole  discretion  may
intercept  any  payments  that  the city from time to time is
entitled to receive from any funds then or thereafter held by
the State Treasurer to the credit of the city or otherwise in
the custody of the State Treasurer to the credit of the city,
whether in  or  outside  of  the  State  Treasury,  upon  the
occurrence of any of the following:
         (1)  The   financially   distressed  city's  initial
    Financial  Plan  and  revised  Budget  required   to   be
    submitted  to the Authority with respect to the remaining
    portion of what is the city's current fiscal year at  the
    time  this  Division first becomes applicable to the city
    as provided in Section 8-12-4 are  not  approved  by  the
    Authority  within  60  days  of their submission, and the
    Authority has theretofore given written warning notice to
    the corporate authorities of the city, on  the  45th  day
    after such initial Financial Plan and revised Budget were
    submitted,  that  the  same have not yet been approved by
    the Authority; or
         (2)  Any Financial Plan or Budget for any subsequent
    fiscal year is not  approved  by  the  Authority  by  the
    commencement  of  the fiscal year to which such Financial
    Plan or Budget relates, and the Authority has theretofore
    given written warning notice to the corporate authorities
    of the city, on the 15th day prior to the commencement of
    that fiscal year, that the Financial Plan or  Budget  for
    such  fiscal  year  has  not  yet  been  approved  by the
    Authority; or
         (3)  The  financially  distressed  city   materially
    violates   the  provisions  of  this  Division,  and  the
    Authority -- at least 15 days  prior  to  initiating  any
    action to intercept any payments pursuant to this Section
    --  has  given  the  corporate  authorities  of  the city
    written notice of  the  material  violation  and  of  the
    Authority's  intention  to intercept payments pursuant to
    this Section upon the expiration of that  15  day  notice
    period  unless  the  city  satisfies the Authority within
    that 15 day period that the material violation  cited  by
    the  Authority  has  been  corrected;  provided  that the
    Authority shall not be required to give any notice to the
    city or its corporate  authorities  prior  to  initiating
    action  to intercept payments pursuant to this Section if
    such payments are to be intercepted because of the city's
    failure to pay when due all amounts then  due  and  owing
    and required to be paid by the city on Obligations issued
    by   the   Illinois   Development  Finance  Authority  in
    connection with the provision of  financial  aid  to  the
    city  pursuant to this Division and applicable provisions
    of the Illinois Development Finance Authority Act.
    The intercept shall be made pursuant  to  written  notice
given  by  the  Authority  to the State Comptroller and State
Treasurer, setting forth the amount of the  intercept,  which
may  be an aggregate amount not exceeding the sum of the full
amount of  any  outstanding  State  loans  provided  for  the
benefit  of  the  city pursuant to this Division or any other
law of this State, plus the full amount  of  all  outstanding
Obligations   issued  by  the  Illinois  Development  Finance
Authority on the  financially  distressed  city's  behalf  in
accordance   with   applicable  provisions  of  the  Illinois
Development Finance Authority Act.  The State Comptroller and
State Treasurer shall pay to the Authority, from  such  funds
as  from  time  to  time  are legally available therefor, the
aggregate amount  of  the  intercept,  unless  the  Authority
sooner  notifies the State Comptroller and State Treasurer in
writing that no further payments that the city is entitled to
receive shall be intercepted under  the  provisions  of  this
Section.
(Source: P.A. 86-1211.)

    (65 ILCS 5/8-12-22) (from Ch. 24, par. 8-12-22)
    Sec.  8-12-22.   (a) After the Authority has certified to
the  Governor  that  the  financially  distressed  city   has
completed 10 successive years of balanced budgets:
         (1)  The  powers  and  responsibilities  granted  or
    imposed upon the Authority and the financially distressed
    city  under  Section 8-12-13 and Sections 8-12-15 through
    8-12-21 shall  not  be  exercised,  except  as  otherwise
    provided under subsection (b) of this Section.
         (2)  The   provisions   of   Section  8-12-14  shall
    continue in  full  force  and  effect.   The  financially
    distressed  city  shall  file with the Authority and with
    the Illinois Development  Finance  Authority,  not  later
    than  15  days  prior  to  the  commencement of the first
    fiscal  year  with  respect  to  which  the  powers   and
    responsibilities granted or imposed under Section 8-12-13
    and  Sections  8-12-15  through  8-12-21  are  not  to be
    exercised, and not  later  than  15  days  prior  to  the
    commencement  of  each fiscal year thereafter, a balanced
    Budget as adopted by the financially distressed city  for
    such fiscal year.  In addition, for each fiscal year with
    respect  to which the powers and responsibilities granted
    or imposed under Section  8-12-13  and  Sections  8-12-15
    through  8-12-21 are not to be exercised, the financially
    distressed city shall file with the  Authority  and  with
    the  Illinois  Development  Finance Authority a certified
    copy of the same audit  report  and  supplemental  report
    which  are  required to be made and filed for such fiscal
    year by the city under the  Illinois  Municipal  Auditing
    Law,  the  filing  with  the  Authority  and the Illinois
    Development Finance Authority to be made within the  time
    provided   for  the  filing  of  such  audit  report  and
    supplemental report  with  the  State  Comptroller  under
    Section 8-8-4.
    (b)  The  Authority  and the Illinois Development Finance
Authority  shall  review  each  Budget,  audit   report   and
supplemental  report filed with them as provided in paragraph
(2)  of  subsection  (a).   In  the  event  the   financially
distressed city fails to file any Budget or certified copy of
an  audit  report  or  supplemental  report  as  provided  in
paragraph (2) of subsection (a), or in the event the Illinois
Development  Finance  Authority,  after consultation with the
Authority,  determines  that  the  Budget  adopted   by   the
financially   distressed   city  and  filed  as  provided  in
paragraph (2) of subsection (a) is not balanced  as  required
under  Section  8-12-14,  the  Illinois  Development  Finance
Authority  shall  certify such failure to file, or failure to
adopt  a  Budget  which  is  balanced  as  required,  to  the
Governor;  and  concurrent  with  that   certification,   the
Authority   established   under   Section   8-12-5   and  the
financially distressed city shall  resume  the  exercise  and
performance  of  their respective powers and responsibilities
pursuant to each Section of this Division.
    (c)  When  the  Illinois  Development  Finance  Authority
determines that all of its Obligations have been  fully  paid
and  discharged  or  otherwise provided for, it shall certify
that fact to the  Governor;  and  the  Authority  established
under  Section  8-12-5  shall  be abolished 30 days after the
date of that certification.  Upon abolition of the  Authority
as  provided  in this subsection, this Division shall have no
further force or effect upon the financially distressed city.
(Source: P.A. 86-1211.)

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

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

    (65 ILCS 5/11-119-2) (from Ch. 24, par. 11-119-2)
    Sec.  11-119-2.  The corporate authorities of any city or
village availing itself of the provisions  of  this  Division
119  shall adopt an ordinance describing in a general way the
improvements or extensions  to  be  made.  It  shall  not  be
necessary   that   the   ordinance   refer   to   plans   and
specifications   nor   that  there  be  on  file  for  public
inspection prior to the adoption of such  ordinance  detailed
plans  and specifications of the project. The ordinance shall
set out the estimated cost of the improvements or  extensions
and  shall fix the amount of bonds proposed to be issued, the
maturity, interest rate, and all details in respect  thereof.
Such  ordinance,  at  the  option  of  the  municipality, may
contain provisions which shall be part of the  contract  with
the  holders  of the bonds as to: (1) The registration of the
bonds as to principal only,  or  as  to  both  principal  and
interest,  and  the interchangeability and exchangeability of
the bonds. (2) The redemption of the bonds prior to  maturity
and  the  price, either at par or at a premium, at which they
are redeemable. (3) The setting aside of reserves or  sinking
funds,   and  the  regulation  or  disposition  thereof.  (4)
Limitations upon the issuance  of  additional  bonds  payable
from  the  revenues  of the system, or upon the rights of the
holders of these additional bonds. (5) Other agreements  with
the  holders  of  the  bonds,  or  covenants  or restrictions
necessary or desirable to safeguard the  interests  of  these
holders. After the ordinance has been adopted and approved it
shall be published once in a newspaper published and having a
general  circulation  in  the municipality, or if there is no
such newspaper, copies of the ordinance shall be posted in at
least 4 public places within the municipality. The  ordinance
shall  be  in effect after the expiration of 10 days from the
date of this publication.
    Bonds issued under this Division  119  shall  be  payable
solely from the revenue derived from the electric light plant
and  system, or the gas plant and system, as the case may be,
and  these  bonds  shall  not  in  any  event  constitute  an
indebtedness of the municipality within the  meaning  of  any
constitutional  or statutory limitation; provided, that bonds
issued under this Division 119 may also be payable from funds
pledged by the municipality issuing such  bonds  pursuant  to
Section  7.59  of  the Illinois Development Finance Authority
Act, and, notwithstanding such pledge of  such  funds,  shall
not   in   any   event  constitute  an  indebtedness  of  the
municipality within the  meaning  of  any  constitutional  or
statutory  limitation. It shall be plainly stated on the face
of each bond that it has been issued under the provisions  of
this  Division  119  and  that  it  does  not  constitute  an
indebtedness of the municipality within any constitutional or
statutory limitation.
(Source: P.A. 85-659.)

    (65 ILCS 5/11-129-3) (from Ch. 24, par. 11-129-3)
    Sec.   11-129-3.   The   corporate   authorities  of  any
municipality  availing  itself  of  the  provisions  of  this
Division 129 shall adopt an ordinance describing in a general
way the contemplated project. If it is intended  to  purchase
an  existing waterworks or water supply system, the ordinance
shall describe in a general way the system to  be  purchased.
If  it  is  intended  to  build  a waterworks or water supply
system or to improve or extend a waterworks or  water  supply
system  owned and operated by the municipality, the ordinance
shall describe in a  general  way  the  waterworks  or  water
supply  system  to  be  constructed  or  the  improvements or
extensions to be made. It shall not  be  necessary  that  the
ordinance refer to plans and specifications nor that there be
on  file  for public inspection prior to the adoption of such
ordinance detailed plans and specifications of  the  project.
The  ordinance  shall  set  out  the  estimated  cost  of the
project, determine its period  of  usefulness,  and  fix  the
amount  and  maturities of water revenue bonds proposed to be
issued,  the  interest  rate,  and  all  details  in  respect
thereof.  The  ordinance  may  contain  such  covenants   and
restrictions  upon  the  issuance of additional revenue bonds
thereafter as may be deemed necessary or  advisable  for  the
assurance  of  payment of the bonds thereby authorized and as
may be thereafter issued.
    Revenue bonds issued under this  Division  129  shall  be
payable solely from the revenue derived from the operation of
the waterworks or water supply system on account of which the
bonds  are  issued;  provided,  that  bonds issued under this
Division 129 may also be payable from funds  pledged  by  the
municipality  issuing  such bonds pursuant to Section 7.59 of
the   Illinois    Development    Finance    Authority    Act.
Notwithstanding  any  such  pledge or any other matter, these
bonds shall not in any event constitute  an  indebtedness  of
the  municipality within the meaning of any constitutional or
statutory limitation and it shall be so stated on the face of
each bond.
(Source: P.A. 85-659.)

    (65 ILCS 5/11-139-7) (from Ch. 24, par. 11-139-7)
    Sec. 11-139-7. Revenue bonds issued under  this  Division
139 shall be payable solely from the revenue derived from the
operation  of  the combined waterworks and sewerage system on
account of which the bonds are issued; provided,  that  bonds
issued under this Division 139 may also be payable from funds
pledged  by  the  municipality issuing such bonds pursuant to
Section 7.59 of the Illinois  Development  Finance  Authority
Act.  Notwithstanding  any  such  pledge or any other matter,
these bonds shall not in any event constitute an indebtedness
of the municipality within the meaning of any  constitutional
or statutory limitation and it shall be so stated on the face
of each bond.
(Source: P.A. 85-659.)

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

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

    (70 ILCS 508/40)
    Sec. 40.  Acquisition.
    (a)  The  Authority  may,  but need not, acquire title to
any project with respect to which it exercises its authority.
    (b)  The  Authority  shall  have  power  to  acquire   by
purchase,  lease,  gift,  or otherwise any property or rights
therein from any person, the State of Illinois, any municipal
corporation, any local unit of government, the government  of
the  United  States,  any  agency  or  instrumentality of the
United States, any body politic, or any county useful for its
purposes,  whether  improved  for   the   purposes   of   any
prospective  project  or  unimproved.  The Authority may also
accept any donation of funds for its  purposes  from  any  of
those sources.
    (c)  The   Authority   shall   have   power  to  develop,
construct, and improve, either under  its  own  direction  or
through  collaboration  with  any  approved  applicant, or to
acquire through purchase or otherwise any project, using  for
that  purpose  the  proceeds derived from its sale of revenue
bonds,  notes,  or  other  evidences   of   indebtedness   or
governmental  loans  or grants, and to hold title in the name
of the Authority to those projects.
    (d)  The Authority shall have the  power  to  enter  into
intergovernmental  agreements with the State of Illinois, the
county of Will, the Illinois Development  Finance  Authority,
the Illinois Education Facilities Authority, the Metropolitan
Pier  and Exposition Authority, the United States government,
any agency or instrumentality of the United States, any  unit
of  local  government  located  within  the  territory of the
Authority, or any other unit  of  government  to  the  extent
allowed   by   Article   VII,  Section  10  of  the  Illinois
Constitution and the Intergovernmental Cooperation Act.
    (e)  The  Authority  shall  have  the  power   to   share
employees  with other units of government, including agencies
of the United States, agencies of the State of Illinois,  and
agencies or personnel of any unit of local government.
    (f)  Subject to subsection (i) of Section 35 of this Act,
the  Authority  shall  have  the power to exercise powers and
issue  revenue  bonds  as  if  it  were  a  municipality   so
authorized  in  Divisions  12.1,  74, 74.1, 74.3, and 74.5 of
Article 11 of the Illinois Municipal Code.
(Source: P.A. 89-333, eff. 8-17-95.)
    Section  890-17.  The  Quad  Cities   Regional   Economic
Development  Authority  Act,  approved September 22, 1987, is
amended by changing Section 14 as follows:

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

    Section   890-18.  The   Quad  Cities  Regional  Economic
Development Authority Act, certified December  30,  1987,  is
amended by changing Section 13 as follows:
    (70 ILCS 515/13) (from Ch. 85, par. 6513)
    Sec.   13.   Additional  powers  and  duties.   (a)   The
Authority may, but need not, acquire  title  to  any  project
with respect to which it exercises its authority.
    (b)  The  Authority  shall  have  the power to enter into
intergovernmental agreements with the State of Illinois,  the
counties  of  Rock Island, Henry or Mercer, the State of Iowa
or any authority  established  by  the  State  of  Iowa,  the
Illinois  Development Finance Authority, the Illinois Housing
Development  Authority,  the  Illinois  Education  Facilities
Authority, the United States government  and  any  agency  or
instrumentality  of  the  United  States,  any  unit of local
government located within the territory of the  Authority  or
any other unit of government to the extent allowed by Article
VII,   Section  10  of  the  Illinois  Constitution  and  the
Intergovernmental Cooperation Act.
    (c)  The  Authority  shall  have  the  power   to   share
employees  with other units of government, including agencies
of the United States, agencies of the State of  Illinois  and
agencies or personnel of any unit of local government.
    (d)  The  Authority  shall  have  the  power  to exercise
powers and issue bonds  as  if  it  were  a  municipality  so
authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
Article 11 of the Illinois Municipal Code.
(Source: P.A. 85-988.)

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

    (70 ILCS 520/8) (from Ch. 85, par. 6158)
    Sec.  8.  (a)  The  Authority  may, but need not, acquire
title to any project with respect to which it  exercises  its
authority.
    (b)  The   Authority  shall  have  power  to  acquire  by
purchase, lease, gift or otherwise  any  property  or  rights
therein  from  any  person or persons, the State of Illinois,
any municipal corporation, any local unit of government,  the
government   of   the   United   States  and  any  agency  or
instrumentality of the United States, any body politic or any
county useful for its  purposes,  whether  improved  for  the
purposes  of  any  prospective  project  or  unimproved.  The
Authority may also accept  any  donation  of  funds  for  its
purposes from any such source.  The Authority may acquire any
real  property,  or  rights  therein, upon condemnation.  The
acquisition by eminent domain of such real  property  or  any
interest  therein  by  the  Authority  shall be in the manner
provided  by  the  "Code  of  Civil  Procedure",  as  now  or
hereafter amended, including Section 7-103 thereof.
    The Authority shall not exercise any  quick-take  eminent
domain  powers  granted  by  State  law  within the corporate
limits of a municipality unless the  governing  authority  of
the  municipality  authorizes  the  Authority  to  do so. The
Authority shall not exercise any  quick-take  eminent  domain
powers  granted  by State law within the unincorporated areas
of a county unless the county board authorizes the  Authority
to do so.
    (c)  The Authority shall have power to develop, construct
and  improve,  either  under  its  own  direction  or through
collaboration with any  approved  applicant,  or  to  acquire
through  purchase  or  otherwise  any project, using for such
purpose the proceeds derived from its sale of revenue  bonds,
notes  or  other  evidences  of  indebtedness or governmental
loans or grants  and  to  hold  title  in  the  name  of  the
Authority to such projects.
    (d)  The  Authority  shall  have  the power to enter into
intergovernmental agreements with the State of Illinois,  the
counties of Madison or St. Clair, the Southwest Regional Port
District,  the  Illinois  Development  Finance Authority, the
Illinois  Housing   Development   Authority,   the   Illinois
Education  Facilities  Authority,  the  Metropolitan Pier and
Exposition Authority, the United States  government  and  any
agency  or  instrumentality of the United States, the city of
East St. Louis, any unit of local government  located  within
the   territory  of  the  Authority  or  any  other  unit  of
government to the extent allowed by Article VII,  Section  10
of   the  Illinois  Constitution  and  the  Intergovernmental
Cooperation Act.
    (e)  The  Authority  shall  have  the  power   to   share
employees  with other units of government, including agencies
of the United States, agencies of the State of  Illinois  and
agencies or personnel of any unit of local government.
    (f)  The  Authority  shall  have  the  power  to exercise
powers and issue bonds  as  if  it  were  a  municipality  so
authorized  in  Divisions  12.1,  74,  74.1, 74.3 and 74.5 of
Article 11 of the Illinois Municipal Code.
(Source: P.A. 89-343, eff. 8-17-95.)

    Section 890-20.  The Tri-County River Valley  Development
Authority Law is amended by changing Section 2008 as follows:

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

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

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

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

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

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

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

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

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

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

    (305 ILCS 5/11-3) (from Ch. 23, par. 11-3)
    Sec. 11-3.  Assignment and attachment of aid  prohibited.
Except  as  provided  below  in  this  Section and in Section
11-3.3, all financial aid given under Articles  III,  IV,  V,
and VI and money payments for child care services provided by
a  child care provider under Articles IX and IXA shall not be
subject to  assignment,  sale,  attachment,  garnishment,  or
otherwise.   Provided, however, that a medical vendor may use
his right to receive vendor payments as collateral for  loans
from  financial  institutions so long as such arrangements do
not  constitute  any  activity   prohibited   under   Section
1902(a)(32)  of  the  Social  Security  Act  and  regulations
promulgated  thereunder,  or  any  other  applicable  laws or
regulations. Provided further, however,  that  a  medical  or
other  vendor  or  a  service  provider may assign, reassign,
sell, pledge  or  grant  a  security  interest  in  any  such
financial  aid,  vendor  payments or money payments or grants
which he has a  right  to  receive  to  the  Illinois  Health
Facilities   Authority,  in  connection  with  any  financing
program  undertaken  by  the   Illinois   Health   Facilities
Authority,  or to the Illinois Development Finance Authority,
in connection with any financing program  undertaken  by  the
Illinois  Development  Finance Authority.  Each Authority may
utilize a trustee or agent to accept, accomplish,  effectuate
or  realize  upon  any  such  assignment, reassignment, sale,
pledge or grant on that Authority's behalf. Provided further,
however, that  nothing  herein  shall  prevent  the  Illinois
Department  from  collecting any assessment, fee, interest or
penalty  due  under  Article  V-A,  V-B,  V-C,  or   V-E   by
withholding financial aid as payment of such assessment, fee,
interest, or penalty. Any alienation in contravention of this
statute  does  not diminish and does not affect the validity,
legality or enforceability of any underlying obligations  for
which  such  alienation  may  have  been  made  as collateral
between the parties to the alienation.  This  amendatory  Act
shall  be  retroactive  in  application  and shall pertain to
obligations existing prior to its enactment.
(Source: P.A. 92-111, eff. 1-1-02.)
    (305 ILCS 5/11-3.3) (from Ch. 23, par. 11-3.3)
    Sec. 11-3.3.  Payment to provider or governmental  agency
or  entity.    Payments  under this Code shall be made to the
provider, except that the Department may issue or  may  agree
to   issue  the  payment  directly  to  the  Illinois  Health
Facilities  Authority,  the  Illinois   Development   Finance
Authority,  or  any  other  governmental  agency  or  entity,
including any bond trustee for that agency or entity, to whom
the  provider  has  assigned,  reassigned,  sold,  pledged or
granted a security interest in the payments that the provider
has a  right  to  receive,  provided  that  the  issuance  or
agreement   to   issue   is   not  prohibited  under  Section
1902(a)(32) of the Social Security Act.
(Source: P.A. 87-842.)

    Section 890-26.  The Illinois Affordable Housing  Act  is
amended by changing Section 6 as follows:

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

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

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

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

    (820 ILCS 130/2) (from Ch. 48, par. 39s-2)
    Sec.  2.  This  Act  applies  to  the  wages of laborers,
mechanics and other workers employed in any public works,  as
hereinafter  defined,  by any public body and to anyone under
contracts for public works.
    As  used  in  this  Act,  unless  the  context  indicates
otherwise:
    "Public works" means  all  fixed  works  constructed  for
public  use by any public body, other than work done directly
by any public utility company,  whether  or  not  done  under
public  supervision  or  direction,  or paid for wholly or in
part out of public funds.  "Public works" as  defined  herein
includes all projects financed in whole or in part with bonds
issued under the Industrial Project Revenue Bond Act (Article
11,   Division  74  of  the  Illinois  Municipal  Code),  the
Industrial  Building   Revenue   Bond   Act,   the   Illinois
Development   Finance  Authority  Act,  the  Illinois  Sports
Facilities Authority Act, or the Build Illinois Bond Act, and
all projects financed in whole or in part with loans or other
funds made available pursuant to the Build Illinois Act.
    "Construction" means all work on public  works  involving
laborers, workers or mechanics.
    "Locality"  means the county where the physical work upon
public works is performed, except (1) that if  there  is  not
available  in  the  county  a  sufficient number of competent
skilled laborers, workers  and  mechanics  to  construct  the
public  works  efficiently  and properly, "locality" includes
any other county  nearest  the  one  in  which  the  work  or
construction  is  to be performed and from which such persons
may be obtained in sufficient numbers to perform the work and
(2) that, with respect to contracts for highway work with the
Department of Transportation of this State, "locality" may at
the  discretion  of  the  Secretary  of  the  Department   of
Transportation  be  construed to include two or more adjacent
counties from which workers may be  accessible  for  work  on
such construction.
    "Public  body"  means  the State or any officer, board or
commission of the  State  or  any  political  subdivision  or
department  thereof, or any institution supported in whole or
in part by public  funds,  authorized  by  law  to  construct
public   works   or  to  enter  into  any  contract  for  the
construction of public  works,  and  includes  every  county,
city,  town,  village, township, school district, irrigation,
utility, reclamation improvement or other district and  every
other  political subdivision, district or municipality of the
state whether such  political  subdivision,  municipality  or
district operates under a special charter or not.
    The  terms  "general  prevailing  rate  of hourly wages",
"general prevailing rate of wages"  or  "prevailing  rate  of
wages"  when used in this Act mean the hourly cash wages plus
fringe benefits  for  training  and  apprenticeship  programs
approved   by   the  U.S.  Department  of  Labor,  Bureau  of
Apprenticeship and Training, health and  welfare,  insurance,
vacations  and  pensions  paid  generally, in the locality in
which the work is being performed, to  employees  engaged  in
work of a similar character on public works.
(Source: P.A.  91-105,  eff.  1-1-00;  91-935,  eff.  6-1-01;
92-16, eff. 6-28-01.)
    Section  890-29.   The  Transportation Cooperation Act of
1971 is amended by changing Section 2 as follows:

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

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

    (20 ILCS 3105/3) (from Ch. 127, par. 773)
    Sec.  3.   As  used  in  this  Act,  unless  the  context
otherwise requires:
    "Board" means the Capital Development Board.
    "State   agency"   means   and   includes  each  officer,
department, board, commission, institution, body politic  and
corporate  of  the  State  including  the  Illinois  Building
Authority,  school  districts, and any other person expending
or encumbering  State  or  federal  funds  by  virtue  of  an
appropriation  or other authorization by the General Assembly
or federal  authorization  or  grant.   Except  as  otherwise
expressly  authorized  by the General Assembly, the term does
not include the Department of Transportation, the  Department
of  Natural  Resources,  or  Environmental Protection Agency,
except as respects buildings used by the Department or Agency
for its officers, employees, or equipment, or  any  of  them,
and  for capital improvements related to such buildings.  Nor
does  the  term  include  the  Illinois  Housing  Development
Authority,  the  Illinois  Finance   Educational   Facilities
Authority   or   the  St.  Louis  Metropolitan  Area  Airport
Authority.
    "School District" means any school  district  or  special
charter  district  as  defined  in Section 1-3 of "The School
Code",  approved  March  18,  1961,  as   amended,   or   any
administrative  district,  or  governing  board,  of  a joint
agreement organized under  Section  10-22.31  of  the  School
Code.
(Source: P.A. 89-445, eff. 2-7-96.)
    Section 890-31.  The Higher Education Loan Act is amended
by changing the title and Sections 3, 3.01, and 5 as follows:

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

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

    (110 ILCS 945/3.01) (from Ch. 144, par. 1603.01)
    Sec. 3.01.  Authority.  "Authority"  means  the  Illinois
State Finance Educational Facilities Authority created by the
Illinois State Finance Educational Facilities Authority Act.
(Source: P.A. 85-1326.)

    (110 ILCS 945/5) (from Ch. 144, par. 1605)
    Sec.   5.    Transfer  of  functions  from  the  Illinois
Educational  Facilities  Independent  Higher  Education  Loan
Authority to  the  Illinois  Finance  Educational  Facilities
Authority.    The  Illinois  Finance  Educational  Facilities
Authority   created   by  the  Illinois  Finance  Educational
Facilities  Authority  Act  shall  succeed  to,  assume   and
exercise  all  rights,  powers,  duties  and responsibilities
formerly exercised by  the  Illinois  Educational  Facilities
Independent  Higher  Education  Loan  Authority  prior to the
abolition of that Authority by this  amendatory  Act  of  the
93rd  General  Assembly  1988.   All  books, records, papers,
documents and pending business in any way pertaining  to  the
former  Illinois  Educational  Facilities  Independent Higher
Education Loan Authority  are  transferred  to  the  Illinois
State  Finance  Educational  Facilities  Authority,  but  any
rights  or  obligations of any person under any contract made
by, or  under  any  rules,  regulations,  uniform  standards,
criteria  and  guidelines  established  or  approved by, such
former Illinois  Educational  Facilities  Independent  Higher
Education  Loan  Authority  shall be unaffected thereby.  All
bonds, notes or other evidences of  indebtedness  outstanding
on  the  effective  date  of  this amendatory Act of the 93rd
General Assembly 1988 shall be unaffected by the transfer  of
functions  to  the  Illinois  Finance  Educational Facilities
Authority.   No  rule,  regulation,  standard,  criteria   or
guideline  promulgated, established or approved by the former
Illinois Educational Facilities Independent Higher  Education
Loan  Authority  pursuant to an exercise of any right, power,
duty or responsibility assumed  by  and  transferred  to  the
Illinois  Finance  Educational  Facilities Authority shall be
affected by this amendatory Act of the 93rd General  Assembly
1988,  and  all  such rules, regulations, standards, criteria
and guidelines shall become those  of  the  Illinois  Finance
Educational  Facilities Authority until such time as they are
amended or repealed by the Authority.
(Source: P.A. 85-1326.)

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

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

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

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

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

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

    (20 ILCS 3610/3) (from Ch. 5, par. 1253)
    Sec. 3.  As used in this Act unless the context otherwise
requires:
    (a)  "Applicant" means an Illinois farmer applying for an
operating loan.
    (b)  "Operating loan" means a loan  to  an  applicant  in
connection  with  cultivating the soil, or in connection with
raising  or  harvesting  any  agricultural  or  horticultural
commodity, including the raising, feeding and  management  of
livestock  or poultry on a farm of which the applicant is the
owner, tenant, or operator, for the current year's  operating
expenses.
    (c)  "Lender"  means any federal or State chartered bank,
federal land bank, production credit  association,  bank  for
cooperatives,  federal  or  State  chartered savings and loan
association  or  building  and  loan  association,   business
investment  company or any other institution qualified within
this State to originate and  service  loans,  including,  but
without limitation to, insurance companies, credit unions and
mortgage loan companies.
    (d)  "Payment  adjustment" means an amount of money equal
to one-half of the total interest payable on the principal of
the operating loan.
    (e)  "Authority"  means   the   Illinois   Finance   Farm
Development Authority.
    (f)  "Asset"  shall  include,  but  not be limited to the
following: cash crops or feed on  hand;  livestock  held  for
sale;   breeding  stock;  marketable  bonds  and  securities;
securities not readily marketable; accounts receivable; notes
receivable; cash invested in growing crops; net cash value of
life insurance; machinery and  equipment;  cars  and  trucks;
farm  and  other  real  estate  including  life  estates  and
personal  residence; value of beneficial interests in trusts;
government payments or grants; and any other assets.
    (g)  "Liability" shall include, but not be limited to the
following: accounts payable; notes or other indebtedness owed
to any source; taxes;  rent;  amounts  owed  on  real  estate
contracts   or  real  estate  mortgages;  judgments;  accrued
interest payable; and any other liability.
    (h)  "Debt to asset ratio" means the current  outstanding
liabilities  of the farmer divided by the current outstanding
assets of the farmer.
(Source: P.A. 84-1; 84-1106.)
    (20 ILCS 3610/4) (from Ch. 5, par. 1254)
    Sec. 4.  There is hereby  created  a  payment  adjustment
program  to  be  administered  by  the  Illinois Finance Farm
Development Authority. The Authority shall have the authority
to promulgate and  adopt  rules  and  regulations  which  are
consistent  with this Act. The Authority may impose a minimal
fee to cover the costs of administering the program.   On  or
before  May  1  of  each  of the next six years, or until all
repayments have been received  on  payment  adjustments,  the
Authority  shall  submit a report to the General Assembly and
the Governor concerning the status of the payment  adjustment
program.   The  Authority  shall grant no payment adjustments
after June 15, 1986.
(Source: P.A. 84-1; 84-1106.)

    Section 890-34.  The Build Illinois  Act  is  amended  by
changing Section 8-3 as follows:

    (30 ILCS 750/8-3) (from Ch. 127, par. 2708-3)
    Sec.  8-3.  Powers of the Department.  The Department has
the power to:
    (a)  provide business development  public  infrastructure
loans  or  grants from appropriations from the Build Illinois
Bond Fund, the Build Illinois Purposes  Fund,  the  Fund  for
Illinois'  Future, and the Public Infrastructure Construction
Loan Fund to  local  governments  to  provide  or  improve  a
community's  public  infrastructure so as to create or retain
private sector  jobs  pursuant  to  the  provisions  of  this
Article;
    (b)  provide     affordable     financing    of    public
infrastructure loans and grants to, or on  behalf  of,  local
governments,  local  public entities, medical facilities, and
public health clinics from  appropriations  from  the  Public
Infrastructure  Construction  Loan  Fund  for  the purpose of
assisting with the financing, or application  and  access  to
financing,  of  a community's public infrastructure necessary
to health, safety, and economic development;
    (c)  enter into agreements, accept funds or  grants,  and
engage   in   cooperation   with   agencies  of  the  federal
government, or state or local governments to  carry  out  the
purposes  of  this  Article,  and  to  use funds appropriated
pursuant  to  this  Article   to   participate   in   federal
infrastructure  loan  and  grant programs upon such terms and
conditions as may be established by the federal government;
    (d)  establish application, notification,  contract,  and
other  procedures, rules, or regulations deemed necessary and
appropriate to carry out the provisions of this Article;
    (e)  coordinate  assistance  under  this   program   with
activities  of  the Illinois Development Finance Authority in
order to maximize the effectiveness and efficiency  of  State
development programs;
    (f)  coordinate assistance under the Affordable Financing
of  Public  Infrastructure  Loan  and  Grant Program with the
activities of the  Illinois  Development  Finance  Authority,
Illinois  Rural  Bond Bank, Illinois Finance Farm Development
Authority, Illinois Housing Development  Authority,  Illinois
Environmental  Protection Agency, and other federal and State
programs  and  entities  providing  financing  assistance  to
communities  for  public   health,   safety,   and   economic
development infrastructure;
    (f-5)  provide staff, administration, and related support
required to manage the programs authorized under this Article
and pay for the staffing, administration, and related support
from  the  Public  Infrastructure Construction Loan Revolving
Fund;
    (g)  exercise such  other  powers  as  are  necessary  or
incidental to the foregoing.
(Source: P.A. 90-454, eff. 8-16-97; 91-34, eff. 7-1-99.)
    Section  890-35.  The Livestock Management Facilities Act
is amended by changing Section 17 as follows:

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

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

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

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

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

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

    Section  890-38.  The Children and Family Services Act is
amended by changing Section 22.4 as follows:

    (20 ILCS 505/22.4) (from Ch. 23, par. 5022.4)
    Sec. 22.4. Low-interest loans for child care  facilities;
Department   of  Human  Services.  The  Department  of  Human
Services may establish, with financing to be provided through
the  issuance  of  bonds  by  the  Illinois  Finance   Health
Facilities  Authority pursuant to the Illinois Finance Health
Facilities Authority Act, as  now  or  hereafter  amended,  a
low-interest  loan  program  to  help  child care centers and
family day care homes accomplish the following:
         (a)  establish a child care program;
         (b)  meet  federal,  State  and  local  child   care
    standards  as  well  as  any applicable health and safety
    standards; or
         (c)  build facilities or renovate or expand existing
    facilities.
    Such loans shall be available only to child care  centers
and  family  day  care  homes  serving children of low income
families.
(Source: P.A. 89-507, eff. 7-1-97.)

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

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

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

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

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

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

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

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

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

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

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

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

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

    Section 890-90.  The following Acts are repealed:

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

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

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

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

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

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

    (315 ILCS 15/Act rep.)
    The Illinois Community  Development  Finance  Corporation
Act.

                         ARTICLE 999

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