SB 2899 — REVISORY RENAMING BOB AND DCCA

The SB2899 EngrossedEnrolled - 41 - LRB094 15274 NHT 50465 b goals shall include the number of people to be trained, the number who stay in the program, the number who complete the program, the number who enter employment, their wages, and the number who retain employment.

(1) Be a formal, not-for-profit organization SB2899 EngrossedEnrolled - 42 - LRB094 15274 NHT 50465 b structured for continuing service with voluntary membership.

(ii) Assisting in the retention, expansion, and attraction of businesses and jobs within the State through special training programs, gathering and disseminating information, and providing assistance in local economic SB2899 EngrossedEnrolled - 43 - LRB094 15274 NHT 50465 b development efforts as appropriate.

SB2899 EngrossedEnrolled - 44 - LRB094 15274 NHT 50465 b Any local labor-management-community committee meeting these criteria may apply to the Department for an annual matching grant, provided that the local committee contributes at least 25% in matching funds of which no more than 50% shall be "in-kind" services.

SB2899 EngrossedEnrolled - 45 - LRB094 15274 NHT 50465 b (h) The Department is authorized to establish applications and application procedures and promulgate any rules deemed necessary in the administration of the grants.

The Business Assistance and Regulatory Reform SB2899 EngrossedEnrolled - 46 - LRB094 15274 NHT 50465 b Act is amended by changing Section 10 as follows:

(1) Develop and disseminate materials to promote SB2899 EngrossedEnrolled - 47 - LRB094 15274 NHT 50465 b effective business ownership succession and employee ownership strategies.

The ancillary transportation facilities may include, SB2899 EngrossedEnrolled - 48 - LRB094 15274 NHT 50465 b but are not limited to, airplane hangars, helipads or heliports, fixed base operations, maintenance facilities, and other aviation-related facilities.

outside professional SB2899 EngrossedEnrolled - 49 - LRB094 15274 NHT 50465 b fees and commissions;

revised 12-6-03.) SB2899 EngrossedEnrolled - 50 - LRB094 15274 NHT 50465 b (20 ILCS 615/8) (from Ch.

Each economic development plan shall include but not be limited to (1) estimated economic development project costs, (2) the sources of funds to pay such costs, (3) the nature and term of any obligations to be issued by the municipality to pay such costs, (4) the most recent equalized assessed valuation of the economic development project area, (5) an estimate of the equalized assessed valuation of the economic development SB2899 EngrossedEnrolled - 51 - LRB094 15274 NHT 50465 b project area after completion of an economic development project, (6) the estimated date of completion of any economic development project proposed to be undertaken, (7) a general description of any proposed developer, user, or tenant of any property to be located or improved within the economic development project area, (8) a description of the type, structure and general character of the facilities to be developed or improved in the economic development project area, (9) a description of the general land uses to apply in the economic development project area, (10) a description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved in the economic development project area, and (11) a commitment by the municipality to fair employment practices and an affirmative action plan with respect to any economic development program to be undertaken by the municipality.

(d) "Economic development project area" means any improved or vacant area which (1) is located within or partially within or partially without the territorial limits of a municipality, provided that no area without the territorial limits of a municipality shall be included in an economic development project area without the express consent of the Department, acting as agent for the State, (2) is contiguous, (3) is not less in the aggregate than three hundred twenty acres, (4) is suitable for siting by any commercial, manufacturing, industrial, research or transportation enterprise of facilities to include but not be limited to commercial businesses, offices, factories, mills, processing plants, assembly plants, packing plants, fabricating plants, industrial or commercial distribution centers, warehouses, repair overhaul or service facilities, freight terminals, research facilities, test facilities or transportation facilities, whether or not such area has been used at any time for such facilities and whether or not the area has been used SB2899 EngrossedEnrolled - 52 - LRB094 15274 NHT 50465 b or is suitable for other uses, including commercial agricultural purposes, and (5) which has been approved and certified by the Department pursuant to this Act.

(4) Costs of renovation, rehabilitation, reconstruction, relocation, repair or remodeling of any existing buildings, SB2899 EngrossedEnrolled - 53 - LRB094 15274 NHT 50465 b improvements, and fixtures within an economic development project area, and specifically including payments to developers or other nongovernmental persons as reimbursement for such costs incurred by such developer or nongovernmental person;

(9) The estimated tax revenues from real property in an economic development project area acquired by a municipality which, according to the economic development plan, is to be used for a private use and which any taxing district would have received had the municipality not adopted tax increment allocation financing for an economic development project area and which would result from such taxing district’s levies made after the time of the adoption by the municipality of tax increment allocation financing to the time the current equalized assessed value of real property in the economic development project area exceeds the total initial equalized SB2899 EngrossedEnrolled - 54 - LRB094 15274 NHT 50465 b value of real property in said area;

(B) except as provided in subparagraph (D), the aggregate amount of such costs paid or reimbursed by a municipality in SB2899 EngrossedEnrolled - 55 - LRB094 15274 NHT 50465 b any one year shall not exceed 30% of such costs paid or incurred by the developer or other nongovernmental person in that year;

revised 12-6-03.) SB2899 EngrossedEnrolled - 56 - LRB094 15274 NHT 50465 b Section 115.

SB2899 EngrossedEnrolled - 57 - LRB094 15274 NHT 50465 b (d) "Eligible job applicant" means a person who:

revised 12-6-03.) SB2899 EngrossedEnrolled - 58 - LRB094 15274 NHT 50465 b (20 ILCS 630/3) (from Ch.

The Director of Commerce and Economic Opportunity Community Affairs, with the advice of the SB2899 EngrossedEnrolled - 59 - LRB094 15274 NHT 50465 b coordinator, shall adopt rules for the administration and enforcement of this Act.

SB2899 EngrossedEnrolled - 60 - LRB094 15274 NHT 50465 b (Source:

No entity shall be considered an "agency" for the purposes of this Act SB2899 EngrossedEnrolled - 61 - LRB094 15274 NHT 50465 b unless authorized by law to make rules or regulations.

(f) "Project" means any specific economic development activity of a commercial, industrial, manufacturing, agricultural, scientific, service or other business in an SB2899 EngrossedEnrolled - 62 - LRB094 15274 NHT 50465 b Enterprise Zone, the result of which yields an increase in jobs and may include the purchase or lease of machinery and equipment, the lease or purchase of real property or funds for infrastructure necessitated by site preparation, building construction or related purposes but does not include refinancing current debt.

revised 12-6-03.) SB2899 EngrossedEnrolled - 63 - LRB094 15274 NHT 50465 b Section 135.

(b) "Local promotion group" means any non-profit corporation, organization, association, agency or committee SB2899 EngrossedEnrolled - 64 - LRB094 15274 NHT 50465 b thereof formed for the primary purpose of publicizing, promoting, advertising or otherwise encouraging the development of tourism in any municipality, county, or region of Illinois.

The Committee shall also include 4 members of the Illinois General Assembly, one of whom shall be named by the Speaker of the SB2899 EngrossedEnrolled - 65 - LRB094 15274 NHT 50465 b House of Representatives, one of whom shall be named by the Minority Leader of the House of Representatives, one of whom who shall be named by the President of the Senate, and one of whom shall be named by the Minority Leader of the Senate.

The Department of Commerce and Economic Opportunity Community Affairs is authorized to lease, sell, give, donate, SB2899 EngrossedEnrolled - 66 - LRB094 15274 NHT 50465 b convey or otherwise transfer the property acquired under this Act to the United States Atomic Energy Commission.

SB2899 EngrossedEnrolled - 67 - LRB094 15274 NHT 50465 b (e) The Department shall conduct an annual study on the use and availability of renewable energy resources in Illinois.

(a) For the year beginning January 1, 1998, and thereafter as provided in this Section, each electric utility as defined in Section 3-105 of the Public Utilities Act and each alternative retail electric supplier as defined in Section 16-102 of the Public Utilities Act supplying electric power and energy to retail customers located in the State of Illinois shall contribute annually a pro rata share of a total amount of $3,000,000 based upon the number of kilowatt-hours sold by each SB2899 EngrossedEnrolled - 68 - LRB094 15274 NHT 50465 b such entity in the 12 months preceding the year of contribution.

The SB2899 EngrossedEnrolled - 69 - LRB094 15274 NHT 50465 b Department of Commerce and Economic Opportunity Community Affairs shall establish a list of projects eligible for grants from the Energy Efficiency Trust Fund including, but not limited to, supporting energy efficiency efforts for low-income households, replacing energy inefficient windows with more efficient windows, replacing energy inefficient appliances with more efficient appliances, replacing energy inefficient lighting with more efficient lighting, insulating dwellings and buildings, using market incentives to encourage energy efficiency, and such other projects which will increase energy efficiency in homes and rental properties.

SB2899 EngrossedEnrolled - 70 - LRB094 15274 NHT 50465 b (Source:

"Illinois agricultural product" means any agricultural commodity grown in Illinois that is used by a production SB2899 EngrossedEnrolled - 71 - LRB094 15274 NHT 50465 b facility to produce renewable fuel in Illinois, including, but not limited to, corn, barley, and soy beans.

(a) "Office" means the Office of Rural Community Development within the Illinois Department of Commerce and SB2899 EngrossedEnrolled - 72 - LRB094 15274 NHT 50465 b Economic Opportunity Community Affairs.

(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 SB2899 EngrossedEnrolled - 73 - LRB094 15274 NHT 50465 b grain or livestock produced or raised in this State into a finished product for consumption or use.

SB2899 EngrossedEnrolled - 74 - LRB094 15274 NHT 50465 b "Advanced technology project" means any area of basic or applied research or development which is designed to foster greater knowledge or understanding, or which is designed for the purposes of improving, designing, developing, prototyping, producing or commercializing new products, techniques, processes or technical devices in present or emerging fields of health care and biomedical research, information and communication systems, computing and computer services, electronics, manufacturing, robotics and materials research, transportation and aerospace, agriculture and biotechnology, and finance and services.

"Intermediary organization" means any participating organization including not-for-profit entities, for-profit entities, State development authorities, institutions of higher education, other public or private corporations, which may include the Illinois Coalition, or other entities necessary or desirable to further the purpose of this Act engaged by the SB2899 EngrossedEnrolled - 75 - LRB094 15274 NHT 50465 b Department through any contract, agreement, memoranda of understanding, or other cooperative arrangement to deliver programs authorized under this Act.

"Qualified security investments" means any stock, convertible security, treasury stock, limited partnership interest, certificate of interest or participation in any profit sharing agreement, preorganization certificate or subscription, transferable share, investment contract, certificate of interest or participation in 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, but not including any instrument which contains voting rights or which can be converted to SB2899 EngrossedEnrolled - 76 - LRB094 15274 NHT 50465 b contain voting rights in the possession of the Department.

There is created within the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity) the SB2899 EngrossedEnrolled - 77 - LRB094 15274 NHT 50465 b Women’s Business Ownership Council.

SB2899 EngrossedEnrolled - 78 - LRB094 15274 NHT 50465 b One of the members shall be designated as Chairperson by the Governor.

revised 12-6-03.) SB2899 EngrossedEnrolled - 79 - LRB094 15274 NHT 50465 b Section 200.

"Development assistance" does not include tax increment financing, assistance provided under the Illinois Enterprise Zone Act pursuant to local ordinance, participation loans, or SB2899 EngrossedEnrolled - 80 - LRB094 15274 NHT 50465 b financial transactions through statutorily authorized financial intermediaries in support of small business loans and investments or given in connection with the development of affordable housing.

On and after the effective date of this Act, if there is no definition of "new employee" in either the legislation authorizing a program that constitutes economic development assistance under this Act nor in any administrative rule SB2899 EngrossedEnrolled - 81 - LRB094 15274 NHT 50465 b implementing such legislation that was in place prior to the effective date of this Act, then "new employee" means a full-time, permanent employee who represents a net increase in the number of the recipient’s employees statewide.

A business is any corporation, limited liability company, partnership, joint venture, association, SB2899 EngrossedEnrolled - 82 - LRB094 15274 NHT 50465 b sole proprietorship, or other legally recognized entity.

On and after the effective date of this Act, if there is no definition of "temporary job" in either the legislation authorizing a program that constitutes economic development assistance under this Act or in any administrative rule implementing such legislation that was in place prior to the effective date of this Act, then "temporary job" means a job in SB2899 EngrossedEnrolled - 83 - LRB094 15274 NHT 50465 b which the new employee is hired for a specific duration of time or season.

SB2899 EngrossedEnrolled - 84 - LRB094 15274 NHT 50465 b All of the rights, powers, and duties vested by law in the Department of Conservation, or in any office, division, or bureau thereof, pertaining to the Lincoln Monument are transferred to the Historic Preservation Agency.

(a) Personnel employed by the Department of Conservation to perform functions that are retained within the Department of SB2899 EngrossedEnrolled - 85 - LRB094 15274 NHT 50465 b Natural Resources shall continue their service within the renamed Department.

(a) All books, records, documents, property (real and personal), unexpended appropriations, and pending business pertaining to the rights, powers, and duties transferred by this Act from the Department of Energy and Natural Resources, SB2899 EngrossedEnrolled - 86 - LRB094 15274 NHT 50465 b the Department of Mines and Minerals, the Abandoned Mined Lands Reclamation Council, and the Division of Water Resources of the Department of Transportation to the Department of Natural Resources shall be delivered and transferred to the Department of Natural Resources.

(a) The rights, powers, and duties transferred to or retained in the Department of Natural Resources, the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Historic Preservation Agency by this Act shall be vested in and shall be exercised by SB2899 EngrossedEnrolled - 87 - LRB094 15274 NHT 50465 b them subject to the provisions of this Act.

Any such action or proceeding still pending may be prosecuted and continued by the Department of Natural Resources, the Department of Commerce and SB2899 EngrossedEnrolled - 88 - LRB094 15274 NHT 50465 b Community Affairs (now Department of Commerce and Economic Opportunity), or the Historic Preservation Agency, as the case may be.

The Office shall coordinate its tourism promotion efforts with local community events and shall include a field staff which shall work with the Department of Commerce and Economic Opportunity Community Affairs and local officials to coordinate State and local activities for the purpose of SB2899 EngrossedEnrolled - 89 - LRB094 15274 NHT 50465 b expanding tourism and local economies.

(a) Developing rules and regulations for the SB2899 EngrossedEnrolled - 90 - LRB094 15274 NHT 50465 b implementation and administration of this Act.

The Historic Preservation Agency is authorized to have prepared with the Department of Commerce and Economic Opportunity Community Affairs and to maintain, and keep SB2899 EngrossedEnrolled - 91 - LRB094 15274 NHT 50465 b up-to-date a comprehensive plan for the preservation of the historically significant properties and interests of the State.

the Director of the Office of Mines and Minerals within the SB2899 EngrossedEnrolled - 92 - LRB094 15274 NHT 50465 b Department of Natural Resources;

(1) To develop an annual agenda which may include but SB2899 EngrossedEnrolled - 93 - LRB094 15274 NHT 50465 b is not limited to research and methodologies conducted for the purpose of increasing the utilization of Illinois’ coal and other fossil fuel resources, with emphasis on high sulfur coal, in the following areas:

as far as practicable, to make maximum use of the research facilities available at the SB2899 EngrossedEnrolled - 94 - LRB094 15274 NHT 50465 b Illinois State Geological Survey, the Coal Extraction and Utilization Research Center, the Illinois Coal Development Park and universities and colleges located within the State of Illinois;

SB2899 EngrossedEnrolled - 95 - LRB094 15274 NHT 50465 b (12) To authorize loans from appropriations from the Build Illinois Bond Purposes Fund, the Build Illinois Bond Fund and the Illinois Industrial Coal Utilization Fund.

SB2899 EngrossedEnrolled - 96 - LRB094 15274 NHT 50465 b (20 ILCS 1110/3) (from Ch.

The Department shall not exercise its powers of condemnation until it has used reasonable good faith efforts to acquire such property before filing a petition for condemnation and may thereafter use such powers when it determines that such condemnation of property rights is necessary to avoid unreasonable delay or economic hardship to the progress of SB2899 EngrossedEnrolled - 97 - LRB094 15274 NHT 50465 b activities carried out in the exercise of powers granted under this Act.

Notwithstanding any of the other provisions of this Act, in considering the approval of projects to be funded under this Act, the Department of Commerce and Economic Opportunity Community Affairs shall give special consideration to projects which are designed to remove sulfur SB2899 EngrossedEnrolled - 98 - LRB094 15274 NHT 50465 b and other pollutants in the preparation and utilization of coal, and in the use and operation of electric utility generating plants and industrial facilities which utilize Illinois coal as their primary source of fuel.

The bonds shall be serial bonds in the denomination of $5,000 or some multiple thereof, shall be payable within 30 years from their date, shall bear interest payable annually or semiannually from their date at the rate of not more than 15% per annum, or such higher maximum rate as may be authorized by "An Act to authorize public corporations to issue bonds, other evidences of indebtedness and tax anticipation warrants subject to interest rate limitations set forth therein", approved May 26, 1970, as amended, shall be dated, and shall be in such form as the Director of the Governor’s Office of Management and Budget Bureau of the Budget shall fix and determine in the order authorizing the issuance and sale of the bonds, which order SB2899 EngrossedEnrolled - 99 - LRB094 15274 NHT 50465 b shall be approved by the Governor prior to the giving of notice of the sale of any of the bonds.

revised 8-23-03.) SB2899 EngrossedEnrolled - 100 - LRB094 15274 NHT 50465 b (20 ILCS 1110/11) (from Ch.

(20 ILCS 1128/5-5) SB2899 EngrossedEnrolled - 101 - LRB094 15274 NHT 50465 b Sec.

The Department may own and operate the system SB2899 EngrossedEnrolled - 102 - LRB094 15274 NHT 50465 b itself or use equipment, services, or facilities provided by private or other governmental entities under contract or agreement.

(d) Until the Task Force on Human Services Consolidation approves a plan for the development and implementation of the unified electronic management and intake information and SB2899 EngrossedEnrolled - 103 - LRB094 15274 NHT 50465 b reporting system, no additional powers or duties (other than those provided in House Bill 2632 of the 89th General Assembly or this amendatory Act of 1996) shall be statutorily transferred from any agency to the Department.

The Governor may appoint up to 3 additional SB2899 EngrossedEnrolled - 104 - LRB094 15274 NHT 50465 b persons to serve as nonvoting members of the Task Force;

(3) review and make recommendations on the SB2899 EngrossedEnrolled - 105 - LRB094 15274 NHT 50465 b consolidation or elimination of fragmented or duplicative programs;

(g) The Task Force shall submit preliminary reports of its findings and recommendations to the Governor and the General SB2899 EngrossedEnrolled - 106 - LRB094 15274 NHT 50465 b Assembly by February 1, 1997 and February 1, 1998 and a final report by January 1, 1999.

The Division of SB2899 EngrossedEnrolled - 107 - LRB094 15274 NHT 50465 b Administration shall exercise the following functions:

Any expenditure of funds by the Department for interchanges, for access roads to and SB2899 EngrossedEnrolled - 108 - LRB094 15274 NHT 50465 b from any State or local highway in Illinois, or for other transportation capital improvements related to an economic development project pursuant to appropriations to the Department from the Build Illinois Bond Fund and the Build Illinois Purposes Fund shall be used for funding improvements related to existing or planned scientific, research, manufacturing, or industrial development or expansion in Illinois.

In preparation of the State Rail Plan under Section 2705-400, the Department shall consult with recognized railroad labor organizations, the Department of Commerce and Economic SB2899 EngrossedEnrolled - 109 - LRB094 15274 NHT 50465 b Opportunity Community Affairs, railroad management, affected units of local government, affected State agencies, and affected shipping interests.

The Department may also expend State funds for professional engineering services to conduct feasibility SB2899 EngrossedEnrolled - 110 - LRB094 15274 NHT 50465 b studies of projects proposed for funding under this Section, to estimate the costs and material requirements for those projects, to provide for the design of those projects, including plans and specifications, and to conduct investigations to ensure compliance with the project agreements.

However, no expenditures from the State Rail Freight Loan Repayment Fund for those projects shall at any time exceed the total sum of funds repaid and deposited in the State Rail Freight Loan Repayment Fund and interest SB2899 EngrossedEnrolled - 111 - LRB094 15274 NHT 50465 b earned by investment by the State Treasurer which the State Treasurer shall have deposited in that Fund.

The Capital Development Board shall be responsible for developing needs SB2899 EngrossedEnrolled - 112 - LRB094 15274 NHT 50465 b based physical plant plans and technical review and survey of facilities.

The budgeting, procurement, and related SB2899 EngrossedEnrolled - 113 - LRB094 15274 NHT 50465 b functions of the commission and administrative responsibilities for the staff of the commission shall be performed under the direction and supervision of the Agency.

At its first meeting, the commission shall elect from among its members a chairperson and other officers it considers necessary or SB2899 EngrossedEnrolled - 114 - LRB094 15274 NHT 50465 b appropriate.

SB2899 EngrossedEnrolled - 115 - LRB094 15274 NHT 50465 b (5) Work with the Illinois State Board of Education to evaluate, conduct research concerning, and develop a curriculum for use in Illinois public schools regarding the underground railroad, with emphasis on the activities of the underground railroad within the State.

(20 ILCS 3820/15) SB2899 EngrossedEnrolled - 116 - LRB094 15274 NHT 50465 b Sec.

All successors shall hold office for a term of 3 SB2899 EngrossedEnrolled - 117 - LRB094 15274 NHT 50465 b years commencing on the third Monday in January of the year in which their term commences, except in case of an appointment to fill a vacancy.

The plan shall include (i) recommendations for ways the Department of Commerce and Economic Opportunity Community Affairs could create a consolidated clearinghouse on all information concerning existing State building requirements, (ii) recommendations for SB2899 EngrossedEnrolled - 118 - LRB094 15274 NHT 50465 b a consistent format for State building requirements, (iii) recommendations for a system or procedure for updating existing State building requirements that shall include a procedure for input from the public, (iv) recommendations for a system or procedure for the review, approval, and appeal of building plans, and (v) recommendations for a system or procedure to enforce the State building requirements.

The Committee shall be composed SB2899 EngrossedEnrolled - 119 - LRB094 15274 NHT 50465 b of the Secretary of Human Services and the Directors of the Department of Commerce and Economic Opportunity Community Affairs, the Department of Central Management Services, the Department of Corrections, the Illinois Board of Higher Education, and the Capital Development Board, or their designees.

SB2899 EngrossedEnrolled - 120 - LRB094 15274 NHT 50465 b (b) four members of the General Assembly, one each appointed by the President of the Senate, the Speaker of the House of Representatives, and the minority leaders of the Senate and House of Representatives;

The board shall meet quarterly or at the call of the chair SB2899 EngrossedEnrolled - 121 - LRB094 15274 NHT 50465 b and shall create subcommittees as needed to deal with specific issues and concerns.

SB2899 EngrossedEnrolled - 122 - LRB094 15274 NHT 50465 b (20 ILCS 3966/15-30) Sec.

SB2899 EngrossedEnrolled - 123 - LRB094 15274 NHT 50465 b (20 ILCS 3967/15) Sec.

revised 12-6-03.) SB2899 EngrossedEnrolled - 124 - LRB094 15274 NHT 50465 b Section 320.

SB2899 EngrossedEnrolled - 125 - LRB094 15274 NHT 50465 b (17) A representative of a statewide business association.

The Secretary of Human Services (or the member who is the designee for the Secretary of Human Services) and the State Superintendent of Education (or the member who is the designee for the State Superintendent of Education) shall be co-chairs SB2899 EngrossedEnrolled - 126 - LRB094 15274 NHT 50465 b of the Council.

The Governor may remove any public member from office on a formal finding of incompetence, neglect of SB2899 EngrossedEnrolled - 127 - LRB094 15274 NHT 50465 b duty or malfeasance in office.

The Illinois Council on Developmental SB2899 EngrossedEnrolled - 128 - LRB094 15274 NHT 50465 b Disabilities Law is amended by changing Sections 2004 and 2004.5 as follows:

and (2) One member shall be an immediate relative or SB2899 EngrossedEnrolled - 129 - LRB094 15274 NHT 50465 b guardian of an institutionalized or previously institutionalized person with a developmental disability.

The General Assembly SB2899 EngrossedEnrolled - 130 - LRB094 15274 NHT 50465 b intends that the reduction in the membership of the Council shall occur through attrition between the effective date of this amendatory Act of the 91st General Assembly and January 1, 2001.

None of these members may be employees of a State agency that receives funds or provides services under the federal Developmental SB2899 EngrossedEnrolled - 131 - LRB094 15274 NHT 50465 b Disabilities Assistance and Bill of Rights Act of 1996 (42 U.S.C.

representatives of the Office of Developmental Disabilities and the Office of Community Health and Prevention of the Department of Human Services (as the SB2899 EngrossedEnrolled - 132 - LRB094 15274 NHT 50465 b State’s lead agency for Title V of the Social Security Act, 42 U.S.C.

revised 8-23-03.) SB2899 EngrossedEnrolled - 133 - LRB094 15274 NHT 50465 b Section 340.

(b) The initial terms of public members shall be as SB2899 EngrossedEnrolled - 134 - LRB094 15274 NHT 50465 b follows:

(g) Upon determining that appropriate and sufficient SB2899 EngrossedEnrolled - 135 - LRB094 15274 NHT 50465 b educational or vocational training services are being provided by a participating educational or vocational training institution to the bearer of a voucher, to cause prompt payment of the amount stated on the face of the voucher to such participating educational or vocational training institution, on the condition that such amount shall not exceed the benefit levels to which the bearer is entitled.

SB2899 EngrossedEnrolled - 136 - LRB094 15274 NHT 50465 b (n) To accept appropriations, grants and funds from the federal and State governments and any agency thereof and expend those monies in accordance with, and in furtherance of the purposes of, this Act.

SB2899 EngrossedEnrolled - 137 - LRB094 15274 NHT 50465 b Whenever any measure for which a fiscal note is required affects more than one State board, commission, department, agency, or other entity, the board, commission, department, agency, or other entity most affected by its provisions according to the sponsor shall be responsible for preparation of the fiscal note.

The note shall be designated a home rule note and shall be furnished to the sponsor within 10 calendar days after the request, except that whenever, because of the complexity of the bill, additional time is required for the preparation of SB2899 EngrossedEnrolled - 138 - LRB094 15274 NHT 50465 b the note, the Department may so notify the sponsor and request an extension of time not to exceed 5 additional days within which to furnish the note.

The moneys in the State Housing Fund shall be used for grants in aid of housing, development, redevelopment projects, and any other programs compatible with the duties and obligations of the Department of Commerce and Economic SB2899 EngrossedEnrolled - 139 - LRB094 15274 NHT 50465 b Opportunity Community Affairs and local housing authorities or land clearance commissions and such funds may be allocated to those authorities and/or programs in accordance with the judgment of the Department of Commerce and Economic Opportunity Community Affairs except that no moneys may be retained in the fund beyond a period 36 months following their deposit.

revised 8-23-03.) SB2899 EngrossedEnrolled - 140 - LRB094 15274 NHT 50465 b (30 ILCS 105/6z-54) Sec.

(c) To the extent that moneys in the Energy Infrastructure Fund, in the opinion of the Governor and the Director of the Governor’s Office of Management and Budget Bureau of the Budget, are in excess of 125% of the maximum debt service in SB2899 EngrossedEnrolled - 141 - LRB094 15274 NHT 50465 b any fiscal year, such surplus shall, subject to appropriation, be used by the Department of Commerce and Economic Opportunity Community Affairs for financial assistance under other coal development programs administered by the Department, in accordance with the rules of the Department or for other State purposes subject to appropriation.

Appropriations for the ordinary and contingent expenses of the Department of Commerce and Economic Opportunity Community Affairs may be made from the Intra-Agency Services Fund, provided that the State Comptroller and the State Treasurer shall, within a reasonable time after July 1 of each year, upon the direction of the Governor, transfer from the SB2899 EngrossedEnrolled - 142 - LRB094 15274 NHT 50465 b Intra-Agency Services Fund to the General Revenue Fund such amounts as the Governor has determined to be in excess of the amount required to meet the obligations of the Intra-Agency Services Fund.

that such employees are involved in decision making or have direct line responsibility to a person who has decision making authority concerning the objectives, functions, goals and SB2899 EngrossedEnrolled - 143 - LRB094 15274 NHT 50465 b policies of the organizational unit for which the appropriation was made;

SB2899 EngrossedEnrolled - 144 - LRB094 15274 NHT 50465 b If applicable, the reporting requirements of Section 5.1 of the Governor’s Office of Management and Budget Act ’An Act to create the Bureau of the Budget and to define its powers and duties and to make an appropriation’, approved April 16, 1969, as amended, have been met.

revised 8-23-03.) SB2899 EngrossedEnrolled - 145 - LRB094 15274 NHT 50465 b Section 370.

and (d) $500,000,000 is for the purpose of providing financial assistance to new electric generating facilities as provided in Section 605-332 of the Department of Commerce and Economic SB2899 EngrossedEnrolled - 146 - LRB094 15274 NHT 50465 b Opportunity Community Affairs Law of the Civil Administrative Code of Illinois.

(h) Subsequent to the issuance of any Bonds for the SB2899 EngrossedEnrolled - 147 - LRB094 15274 NHT 50465 b purposes described in Sections 2 through 8 of this Act, the Governor and the Director of the Governor’s Office of Management and Budget Bureau of the Budget may provide for the reallocation of unspent proceeds of such Bonds to any other purposes authorized under said Sections of this Act, subject to the limitations on aggregate principal amounts contained therein.

In considering the approval of projects to be funded, the Department of Commerce and Economic Opportunity Community Affairs shall give special consideration to projects designed to remove sulfur and other pollutants in the preparation and utilization of coal, and in the use and operation of electric utility generating plants and industrial facilities which SB2899 EngrossedEnrolled - 148 - LRB094 15274 NHT 50465 b utilize Illinois coal as their primary source of fuel.

Amounts included in such appropriations for the payment of interest on variable SB2899 EngrossedEnrolled - 149 - LRB094 15274 NHT 50465 b rate bonds shall be the maximum amounts of interest that may be payable during the fiscal year, after taking into account any credits permitted in the related indenture or other instrument against the amount of such interest required to be appropriated for such period.

SB2899 EngrossedEnrolled - 150 - LRB094 15274 NHT 50465 b (a) Upon each delivery of Bonds authorized to be issued under this Act, the Comptroller shall compute and certify to the Treasurer the total amount of principal of, interest on, and premium, if any, on Bonds issued that will be payable in order to retire such Bonds and the amount of principal of, interest on and premium, if any, on such Bonds that will be payable on each payment date according to the tenor of such Bonds during the then current and each succeeding fiscal year.

Interest payable on variable rate bonds shall be calculated at the maximum rate of interest that may be payable for the relevant period, after taking into SB2899 EngrossedEnrolled - 151 - LRB094 15274 NHT 50465 b account any credits permitted in the related indenture or other instrument against the amount of such interest required to be appropriated for such period pursuant to subsection (c) of Section 14 of this Act.

Any federal funds received as reimbursement for the completed construction of a capital facilities project, as authorized by SB2899 EngrossedEnrolled - 152 - LRB094 15274 NHT 50465 b Section 3 of this Act, for which monies from the Capital Development Fund have been expended shall be deposited in the General Obligation Bond Retirement and Interest Fund.

SB2899 EngrossedEnrolled - 153 - LRB094 15274 NHT 50465 b "Bureau" means the Bureau of the Budget, (now Governor’s Office of Management and Budget).

The Department before July 1, 1989 and the Bureau (now Office) on and after July 1, 1989 are authorized to issue and sell Bonds in the total amount outstanding at any given SB2899 EngrossedEnrolled - 154 - LRB094 15274 NHT 50465 b time of $200,000,000, herein called "Bonds".

The Bonds shall be serial bonds and shall be in such form, in the denomination of $5,000 or some multiple thereof, payable within 30 years from their date, bearing interest payable annually or semi-annually SB2899 EngrossedEnrolled - 155 - LRB094 15274 NHT 50465 b from their date at the rate of not more than 7% per annum, and be dated as shall be fixed and determined by the Director of the Governor’s Office of Management and Budget Bureau of the Budget in the order authorizing the issuance and sale of the Bonds, which order shall be approved by the Governor prior to the giving of notice of the sale of any of the Bonds.

The executed Bonds shall, upon payment therefore, be delivered to SB2899 EngrossedEnrolled - 156 - LRB094 15274 NHT 50465 b the purchaser, and the proceeds of the Bonds shall be paid into the State Treasury.

The Bonds shall be serial bonds and shall be in such form, in the denomination of $5,000 or some multiple thereof, payable within thirty (30) years from their date, bearing interest payable annually or semiannually from their date at the rate of not more than seven per cent (7%) per annum, and be dated as shall be fixed and determined by the Director of the Governor’s Office of SB2899 EngrossedEnrolled - 157 - LRB094 15274 NHT 50465 b Management and Budget Bureau of the Budget in the order authorizing the issuance and sale of the Bonds, which order shall be approved by the Governor prior to the giving of notice of the sale of any of the Bonds.

The proceeds of the Bonds shall be deposited in a separate fund known as the "Capital Development SB2899 EngrossedEnrolled - 158 - LRB094 15274 NHT 50465 b Fund", which separate fund is hereby created.

If SB2899 EngrossedEnrolled - 159 - LRB094 15274 NHT 50465 b Bonds are issued subsequent to the delivery of any such certificate, upon the issuance of such Bonds the trustee under the Master Indenture shall deliver a supplemental certificate setting forth the revisions, if any, in the Certified Annual Debt Service Requirement resulting from the issuance of such Bonds.

Fiscal Year Amount 1986 $15,000,000 1987 $25,000,000 SB2899 EngrossedEnrolled - 160 - LRB094 15274 NHT 50465 b 1988 $40,000,000 1989 $54,000,000 1990 $85,400,000 1991 $133,600,000 1992 $164,400,000 1993 $188,900,000 provided that payments of such amounts from the Build Illinois Bond Retirement and Interest Fund to the trustee under the Master Indenture shall commence on the last day of the month in which Bonds are initially issued under this Act;

SB2899 EngrossedEnrolled - 161 - LRB094 15274 NHT 50465 b (30 ILCS 430/4) (from Ch.

If any Retirement Savings Bonds are sold at a negotiated sale, the underwriter or underwriters to which such Bonds are sold shall (a) have an established retail presence in the State of Illinois or (b) in the judgment of the Director of the Governor’s Office of Management and Budget Bureau of the Budget, have sufficient capability to make a SB2899 EngrossedEnrolled - 162 - LRB094 15274 NHT 50465 b broad distribution of such Bonds to investors resident in the State of Illinois.

SB2899 EngrossedEnrolled - 163 - LRB094 15274 NHT 50465 b (Source:

SB2899 EngrossedEnrolled - 164 - LRB094 15274 NHT 50465 b (30 ILCS 575/5) (from Ch.

The liaison shall be responsible for submitting to the SB2899 EngrossedEnrolled - 165 - LRB094 15274 NHT 50465 b Council any reports and documents necessary under this Act.

(4) Any Council member who has direct financial or personal SB2899 EngrossedEnrolled - 166 - LRB094 15274 NHT 50465 b interest in any measure pending before the Council shall disclose this fact to the Council and refrain from participating in the determination upon such measure.

(f) To accept donations and, with the approval of the Council or the Director of Central Management Services, SB2899 EngrossedEnrolled - 167 - LRB094 15274 NHT 50465 b grants related to the purposes of this Act;

Each Department administering a program under this Section shall develop the application procedures and terms of the SB2899 EngrossedEnrolled - 168 - LRB094 15274 NHT 50465 b assistance.

(A) That the health, safety, morals and general welfare of the people of this State are directly dependent upon the continual encouragement, development, growth and expansion of SB2899 EngrossedEnrolled - 169 - LRB094 15274 NHT 50465 b business, industry and commerce within the State.

Any two or more counties may, by the procedures provided in this Act, designate a single industrial development SB2899 EngrossedEnrolled - 170 - LRB094 15274 NHT 50465 b agency to represent such counties for the purposes of this Act.

(b) The design, materials, or elements of a system and its maintenance, operation, and labor components, and the SB2899 EngrossedEnrolled - 171 - LRB094 15274 NHT 50465 b necessary components, if any, of supplemental conventional energy systems designed or constructed to interface with a solar energy system;

Local SB2899 EngrossedEnrolled - 172 - LRB094 15274 NHT 50465 b Apparent Time from March 23 through September 21.

SB2899 EngrossedEnrolled - 173 - LRB094 15274 NHT 50465 b (j) "Unit of Local Government" shall mean county, municipality, township, special districts, including school districts, and units designated as units of local government by law, which exercise limited governmental powers.

(b) "coal demonstration and commercialization" means projects for the construction and operation of facilities to SB2899 EngrossedEnrolled - 174 - LRB094 15274 NHT 50465 b prove the scientific and engineering validity or the commercial application of a coal extraction, preparation, combustion, gasification, liquefaction or other synthetic process, environmental control, or transportation method;

(b) "Local government" means any unit of local government as defined in Article VII, Section 1 of the 1970 Illinois SB2899 EngrossedEnrolled - 175 - LRB094 15274 NHT 50465 b Constitution.

revised 12-6-03.) SB2899 EngrossedEnrolled - 176 - LRB094 15274 NHT 50465 b (30 ILCS 750/9-2) (from Ch.

(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 SB2899 EngrossedEnrolled - 177 - LRB094 15274 NHT 50465 b agreement, preorganization 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 such 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, but not including any instrument which contains voting rights or can be converted to contain voting rights in the possession of the Department.

(j) "Project" means any specific economic development activity of a commercial, industrial, manufacturing, agricultural, scientific, service or other business, the result of which is expected to yield an increase in or retention of jobs or the modernization or improvement of competitiveness of firms and may include working capital financing, the purchase or lease of machinery and equipment, or SB2899 EngrossedEnrolled - 178 - LRB094 15274 NHT 50465 b the lease or purchase of real property but does not include refinancing current debt.

The review and report shall include facts about the company’s history, job opportunities, stability of employment, past and present condition and structure, actual SB2899 EngrossedEnrolled - 179 - LRB094 15274 NHT 50465 b and pro-forma income statements, present and future market prospects and management qualifications, and any other facts deemed material to the financing request.

The review and report shall include facts about the company’s history, job opportunities, stability of employment, past and present condition and structure, actual and pro-forma income statements, present and future market prospects and management SB2899 EngrossedEnrolled - 180 - LRB094 15274 NHT 50465 b qualifications, and any other facts deemed material to the financing request.

The small business or intermediary applicant shall SB2899 EngrossedEnrolled - 181 - LRB094 15274 NHT 50465 b be promptly notified of such action by the Department.

The maximum loan term shall be for 20 years with an SB2899 EngrossedEnrolled - 182 - LRB094 15274 NHT 50465 b interest rate of 5% per annum.

The loan agreement shall stipulate SB2899 EngrossedEnrolled - 183 - LRB094 15274 NHT 50465 b the State’s recourse in curing any default.

SB2899 EngrossedEnrolled - 184 - LRB094 15274 NHT 50465 b (i) positive cost/benefit ratio;

(a) "Financial institution" means 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 venture capital company which is authorized to SB2899 EngrossedEnrolled - 185 - LRB094 15274 NHT 50465 b do business in the State.

(d) "Educational institution" means a local school SB2899 EngrossedEnrolled - 186 - LRB094 15274 NHT 50465 b district, a private junior college or university, or a State supported community college or university within the State.

SB2899 EngrossedEnrolled - 187 - LRB094 15274 NHT 50465 b (b) "Business entity" means a corporation, partnership or sole proprietorship engaged in producing goods or selling services or goods for a profit.

(1) The project must contribute to the self help efforts of SB2899 EngrossedEnrolled - 188 - LRB094 15274 NHT 50465 b the residents of the area involved.

(f) On an annual basis, the community-based organization shall furnish a statement to the Department of Commerce and Economic Opportunity Community Affairs on the programmatic and financial status of any approved project and an audited SB2899 EngrossedEnrolled - 189 - LRB094 15274 NHT 50465 b financial statement of the project.

"Telecommunications services" provided by telecommunications carriers include all commercially available telecommunications services in addition to all reasonable SB2899 EngrossedEnrolled - 190 - LRB094 15274 NHT 50465 b charges that are incurred by taking such services, such as state and federal taxes.

In the event that funding is not SB2899 EngrossedEnrolled - 191 - LRB094 15274 NHT 50465 b provided for a State-mandated program by the General Assembly, the local government may implement or continue the program upon approval of its governing body.

Such fiscal note shall accompany the bill that requires State reimbursement and shall be prepared prior to any final action on such a bill SB2899 EngrossedEnrolled - 192 - LRB094 15274 NHT 50465 b by the assigned committee.

(1) For the initial fiscal year during which reimbursement is authorized, each local government, or more than one local government wishing to join in filing a single claim, believing itself to be entitled to reimbursement under this Act shall submit to the Department, State Superintendent of Education or Illinois Community College Board within 60 days of the effective SB2899 EngrossedEnrolled - 193 - LRB094 15274 NHT 50465 b date of the mandate a claim for reimbursement accompanied by its estimate of the increased costs required by the mandate for the balance of the fiscal year.

If the funds appropriated for reimbursement of the costs of local government resulting from the creation or expansion of a State mandate are less than the total of the approved claims, the amount appropriated shall be prorated SB2899 EngrossedEnrolled - 194 - LRB094 15274 NHT 50465 b among the local governments having approved claims.

SB2899 EngrossedEnrolled - 195 - LRB094 15274 NHT 50465 b (Source:

Except as applied in a carryover year SB2899 EngrossedEnrolled - 196 - LRB094 15274 NHT 50465 b pursuant to Section 211(4) of this Act, the credit may not be applied against any State income tax liability in more than 10 taxable years;

(6) For purposes of this Section, the terms SB2899 EngrossedEnrolled - 197 - LRB094 15274 NHT 50465 b "Agreement", "Incremental Income Tax", and "Noncompliance Date" have the same meaning as when used in the Economic Development for a Growing Economy Tax Credit Act.

This also does not prohibit a Taxpayer from moving its operations from one location in the State to another location in the State for the purpose of expanding the operation provided that the Department determines that expansion cannot reasonably be accommodated within the municipality in which the business is located, or in the case of a business located in an incorporated area of the county, SB2899 EngrossedEnrolled - 198 - LRB094 15274 NHT 50465 b within the county in which the business is located, after conferring with the chief elected official of the municipality or county and taking into consideration any evidence offered by the municipality or county regarding the ability to accommodate expansion within the municipality or county.

(2) an employee of the Taxpayer who was previously employed in Illinois by a Related Member of the Taxpayer and whose employment was shifted to the SB2899 EngrossedEnrolled - 199 - LRB094 15274 NHT 50465 b Taxpayer after the Taxpayer entered into the tax credit Agreement;

"Related Member" means a person that, with respect to the Taxpayer during any portion of the taxable year, is any one of SB2899 EngrossedEnrolled - 200 - LRB094 15274 NHT 50465 b the following:

"Taxpayer" means an individual, corporation, partnership, SB2899 EngrossedEnrolled - 201 - LRB094 15274 NHT 50465 b or other entity that has any Illinois Income Tax liability.

(2) The Applicant’s project is economically sound and will benefit the people of the State of Illinois by increasing opportunities for employment and strengthen the SB2899 EngrossedEnrolled - 202 - LRB094 15274 NHT 50465 b economy of Illinois.

The credit may be stated as a percentage of the Incremental Income Tax SB2899 EngrossedEnrolled - 203 - LRB094 15274 NHT 50465 b attributable to the applicant’s project and may include a fixed dollar limitation.

In the case of retailers who report and pay the tax on a transaction by transaction basis, as provided in this Section, such SB2899 EngrossedEnrolled - 204 - LRB094 15274 NHT 50465 b discount shall be taken with each such tax remittance instead of when such retailer files his periodic return.

The total amount of taxable receipts received by him during the preceding calendar month from sales of tangible personal property by him during such preceding calendar month, including receipts from charge and time sales, but SB2899 EngrossedEnrolled - 205 - LRB094 15274 NHT 50465 b less all deductions allowed by law;

SB2899 EngrossedEnrolled - 206 - LRB094 15274 NHT 50465 b Before August 1 of each year beginning in 1993, the Department shall notify all taxpayers required to make payments by electronic funds transfer.

If the month during which such tax liability is incurred began prior to January 1, 1985, each payment shall be in an amount equal to 1/4 of the taxpayer’s SB2899 EngrossedEnrolled - 207 - LRB094 15274 NHT 50465 b actual liability for the month or an amount set by the Department not to exceed 1/4 of the average monthly liability of the taxpayer to the Department for the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability in such 4 quarter period).

Before October 1, 2000, once applicable, the requirement of the making of quarter monthly payments to the Department shall continue until such taxpayer’s average monthly liability to the Department during the preceding 4 complete calendar quarters (excluding the month of highest liability and the month of lowest liability) is less than $9,000, or until such taxpayer’s average monthly liability to SB2899 EngrossedEnrolled - 208 - LRB094 15274 NHT 50465 b the Department as computed for each calendar quarter of the 4 preceding complete calendar quarter period is less than $10,000.

The Department shall make reasonable rules and regulations to govern the quarter monthly payment amount and quarter monthly payment dates for taxpayers who file SB2899 EngrossedEnrolled - 209 - LRB094 15274 NHT 50465 b on other than a calendar monthly basis.

with the return for July, August and September of a given SB2899 EngrossedEnrolled - 210 - LRB094 15274 NHT 50465 b year being due by October 20 of such year, and with the return for October, November and December of a given year being due by January 20 of the following year.

In addition, with respect to motor vehicles, watercraft, aircraft, and trailers that are required to be registered with an agency of this State, every retailer selling this kind of tangible personal property shall file, with the Department, upon a form to be prescribed and supplied by the Department, a separate return for each such item of tangible personal property which the retailer sells, except that if, in the same transaction, (i) a retailer of aircraft, watercraft, motor vehicles or trailers transfers more than one aircraft, watercraft, motor vehicle or trailer to another aircraft, watercraft, motor vehicle or trailer retailer for the purpose of resale or (ii) a retailer of aircraft, watercraft, motor vehicles, or trailers transfers more than one aircraft, watercraft, motor vehicle, or trailer to a purchaser for use as a qualifying rolling stock as provided in Section 3-55 of this Act, then that seller may report the transfer of all the aircraft, watercraft, motor vehicles or trailers involved in SB2899 EngrossedEnrolled - 211 - LRB094 15274 NHT 50465 b that transaction to the Department on the same uniform invoice-transaction reporting return form.

SB2899 EngrossedEnrolled - 212 - LRB094 15274 NHT 50465 b the amount of tax due from the retailer with respect to such transaction;

No retailer’s failure or refusal to remit tax under this Act precludes a user, who has paid the proper tax to the retailer, from obtaining his certificate of title or other evidence of title or registration (if titling or registration SB2899 EngrossedEnrolled - 213 - LRB094 15274 NHT 50465 b is required) upon satisfying the Department that such user has paid the proper tax (if tax is due) to the retailer.

If the retailer has not previously remitted the amount of such tax to the Department, he is entitled to no SB2899 EngrossedEnrolled - 214 - LRB094 15274 NHT 50465 b deduction under this Act upon refunding such tax to the purchaser.

Beginning January 1, 1990, each month the Department shall pay into the County and Mass Transit District Fund 4% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property which is purchased outside Illinois at retail from a retailer SB2899 EngrossedEnrolled - 215 - LRB094 15274 NHT 50465 b and which is titled or registered by an agency of this State’s government.

provided, however, that if in any fiscal year the sum of (1) the aggregate of 2.2% or 3.8%, as the case may be, of the moneys received by the Department and required to be paid into the Build Illinois Fund pursuant to Section 3 of the Retailers’ Occupation Tax Act, Section 9 of the Use Tax Act, Section 9 of the Service Use Tax Act, and Section 9 of the Service Occupation Tax Act, such Acts being hereinafter called the "Tax Acts" and such aggregate of 2.2% or 3.8%, as the case may be, of moneys being hereinafter called the "Tax Act Amount", and (2) the amount transferred to the Build Illinois Fund from the State and Local Sales Tax Reform Fund shall be SB2899 EngrossedEnrolled - 216 - LRB094 15274 NHT 50465 b less than the Annual Specified Amount (as defined in Section 3 of the Retailers’ Occupation Tax Act), an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

If on the last business day of any month in which Bonds are outstanding pursuant to the Build Illinois Bond Act, the aggregate of the moneys deposited in the Build Illinois Bond Account in the Build Illinois Fund in such month shall be less than the amount required to be transferred in such month from SB2899 EngrossedEnrolled - 217 - LRB094 15274 NHT 50465 b the Build Illinois Bond Account to the Build Illinois Bond Retirement and Interest Fund pursuant to Section 13 of the Build Illinois Bond Act, an amount equal to such deficiency shall be immediately paid from other moneys received by the Department pursuant to the Tax Acts to the Build Illinois Fund;

Total Fiscal Year Deposit 1993          $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 SB2899 EngrossedEnrolled - 218 - LRB094 15274 NHT 50465 b 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.

Beginning July 20, 1993 and in each month of each fiscal year thereafter, one-eighth of the amount requested in the certificate of the Chairman of the Metropolitan Pier and Exposition Authority for that fiscal year, less the amount deposited into the McCormick Place Expansion Project Fund by the State Treasurer in the respective month under subsection SB2899 EngrossedEnrolled - 219 - LRB094 15274 NHT 50465 b (g) of Section 13 of the Metropolitan Pier and Exposition Authority Act, plus cumulative deficiencies in the deposits required under this Section for previous months and years, shall be deposited into the McCormick Place Expansion Project Fund, until the full amount requested for the fiscal year, but not in excess of the amount specified above as "Total Deposit", has been deposited.

As soon as possible after the first day of each month, upon certification of the Department of Revenue, the Comptroller SB2899 EngrossedEnrolled - 220 - LRB094 15274 NHT 50465 b shall order transferred and the Treasurer shall transfer from the General Revenue Fund to the Motor Fuel Tax Fund an amount equal to 1.7% of 80% of the net revenue realized under this Act for the second preceding month.

A serviceman need SB2899 EngrossedEnrolled - 221 - LRB094 15274 NHT 50465 b not remit that part of any tax collected by him to the extent that he is required to pay and does pay the tax imposed by the Service Occupation Tax Act with respect to his sale of service involving the incidental transfer by him of the same property.

Beginning October 1, 1993, a taxpayer who has an average SB2899 EngrossedEnrolled - 222 - LRB094 15274 NHT 50465 b monthly tax liability of $150,000 or more shall make all payments required by rules of the Department by electronic funds transfer.

SB2899 EngrossedEnrolled - 223 - LRB094 15274 NHT 50465 b The Department shall adopt such rules as are necessary to effectuate a program of electronic funds transfer and the requirements of this Section.

When filing his return for the period in which he SB2899 EngrossedEnrolled - 224 - LRB094 15274 NHT 50465 b refunds such tax to the purchaser, the serviceman may deduct the amount of the tax so refunded by him to the purchaser from any other Service Use Tax, Service Occupation Tax, retailers’ occupation tax or use tax which such serviceman may be required to pay or remit to the Department, as shown by such return, provided that the amount of the tax to be deducted shall previously have been remitted to the Department by such serviceman.

Beginning January 1, 1990, each month the Department shall pay into the State and Local Tax Reform Fund, a special fund in the State Treasury, the net revenue realized for the preceding month from the 1% tax on sales of food for human consumption which is to be consumed off the premises where it is sold (other than alcoholic beverages, soft drinks and food which has been prepared for immediate consumption) and prescription and nonprescription medicines, drugs, medical appliances and insulin, urine testing materials, syringes and needles used by SB2899 EngrossedEnrolled - 225 - LRB094 15274 NHT 50465 b diabetics.

and further provided, that if on the last business day of any month the sum of (1) the Tax Act Amount required to be deposited into the Build Illinois Bond Account in the Build Illinois Fund during such month and (2) the amount transferred during such month to the Build Illinois Fund from SB2899 EngrossedEnrolled - 226 - LRB094 15274 NHT 50465 b the State and Local Sales Tax Reform Fund shall have been less than 1/12 of the Annual Specified Amount, an amount equal to the difference shall be immediately paid into the Build Illinois Fund from other moneys received by the Department pursuant to the Tax Acts;

provided, however, that any amounts paid to the Build Illinois Fund in any fiscal year pursuant to this sentence shall be deemed to constitute payments pursuant to clause (b) of the preceding sentence and shall reduce the amount otherwise SB2899 EngrossedEnrolled - 227 - LRB094 15274 NHT 50465 b payable for such fiscal year pursuant to clause (b) of the preceding sentence.

Total Fiscal Year Deposit 1993          $0 1994 53,000,000 1995 58,000,000 1996 61,000,000 1997 64,000,000 1998 68,000,000 1999 71,000,000 2000 75,000,000 2001 80,000,000 2002 93,000,000 2003 99,000,000 2004 103,000,000 2005 108,000,000 2006 113,000,000 2007 119,000,000 2008 126,000,000 2009 132,000,000 SB2899 EngrossedEnrolled - 228 - LRB094 15274 NHT 50465 b 2010 139,000,000 2011 146,000,000 2012 153,000,000 2013 161,000,000 2014 170,000,000 2015 179,000,000 2016 189,000,000 2017 199,000,000 2018 210,000,000 2019 221,000,000 2020 233,000,000 2021 246,000,000 2022 260,000,000 2023 and 275,000,000 each fiscal year thereafter that bonds are outstanding under Section 13.2 of the Metropolitan Pier and Exposition Authority Act, but not after fiscal year 2042.

Subject to payment of amounts into the Build Illinois Fund and the McCormick Place Expansion Project Fund pursuant to the SB2899 EngrossedEnrolled - 229 - LRB094 15274 NHT 50465 b preceding paragraphs or in any amendments thereto hereafter enacted, beginning July 1, 1993, the Department shall each month pay into the Illinois Tax Increment Fund 0.27% of 80% of the net revenue realized for the preceding month from the 6.25% general rate on the selling price of tangible personal property.

revised 10-15-03.) SB2899 EngrossedEnrolled - 230 - LRB094 15274 NHT 50465 b Section 490.

SB2899 EngrossedEnrolled - 231 - LRB094 15274 NHT 50465 b (1) either (i) make investments which cause the creation of a minimum of 200 full-time equivalent jobs in Illinois or (ii) make investments which cause the retention of a minimum of 2000 full-time jobs in Illinois or (iii) make investments of a minimum of $40,000,000 and retain at least 90% of the jobs in place on the date on which the exemption is granted and for the duration of the exemption;

The Department of Commerce and Economic Opportunity Community Affairs shall act upon such certification requests within 60 days after receipt of the application, and shall file with the Department of Revenue a copy of each certificate of eligibility for SB2899 EngrossedEnrolled - 232 - LRB094 15274 NHT 50465 b exemption.

(2) will cause the creation of at least 750 to 1,000 jobs or more in an enterprise SB2899 EngrossedEnrolled - 233 - LRB094 15274 NHT 50465 b zone established pursuant to the Illinois Enterprise Zone Act;

The certificate of eligibility for exemption shall be presented by the business enterprise to its supplier when making the initial purchase of machinery and equipment for which an exemption is granted by Section 1j of this Act, together with a certification by the business enterprise that SB2899 EngrossedEnrolled - 234 - LRB094 15274 NHT 50465 b such machinery and equipment is exempt from taxation under Section 1j of this Act and by indicating the exempt status of each subsequent purchase on the face of the purchase order.

The minimum period for which an exemption from taxes is granted by this Section is 10 years, regardless of the SB2899 EngrossedEnrolled - 235 - LRB094 15274 NHT 50465 b duration of the enterprise zone in which the project is located.

If the Department of Commerce and Economic Opportunity Community Affairs determines that the facility meets the criteria, it shall issue a certificate of eligibility for exemption in the form prescribed SB2899 EngrossedEnrolled - 236 - LRB094 15274 NHT 50465 b by the Department of Revenue to the business enterprise operating the facility.

(2) will cause the creation of at least 750 full-time jobs at a joint use military and civilian airport at that SB2899 EngrossedEnrolled - 237 - LRB094 15274 NHT 50465 b federal Air Force Base;

SB2899 EngrossedEnrolled - 238 - LRB094 15274 NHT 50465 b The certificate of eligibility for exemption shall be presented by the carrier operating an aircraft support center to its supplier when making the initial purchase of items for which an exemption is granted by this Section together with a certification by the business that the items are exempt from taxation under this Act.

No retailer who is eligible for the deduction or credit under Section 5k of this Act for making a sale of building materials to be incorporated into real estate in an enterprise zone by rehabilitation, remodeling or new construction shall be eligible for the deduction or credit authorized under this SB2899 EngrossedEnrolled - 239 - LRB094 15274 NHT 50465 b Section.

SB2899 EngrossedEnrolled - 240 - LRB094 15274 NHT 50465 b (a) "Solar energy" means radiant energy received from the sun at wave lengths suitable for heat transfer, photosynthetic use, or photovoltaic use.

and (C) Any legal, financial, or institutional orders, certificates, or mechanisms, including easements, leases, and agreements, required to ensure continued access to solar energy, its source, or its use in a solar energy system, and including monitoring and educational elements SB2899 EngrossedEnrolled - 241 - LRB094 15274 NHT 50465 b of a demonstration project.

(A) The property of any commercial or industrial firm, including but not limited to the property of (i) any firm that is used for collecting, separating, storing, or processing recyclable materials, locating within the taxing district during the immediately preceding year from another state, territory, or country, or having been newly created within this State during the immediately preceding year, or expanding an existing facility, or (ii) any firm that is used for SB2899 EngrossedEnrolled - 242 - LRB094 15274 NHT 50465 b the generation and transmission of electricity locating within the taxing district during the immediately preceding year or expanding its presence within the taxing district during the immediately preceding year by construction of a new electric generating facility that uses natural gas as its fuel, or any firm that is used for production operations at a new, expanded, or reopened coal mine within the taxing district, that has been certified as a High Impact Business by the Illinois Department of Commerce and Economic Opportunity Community Affairs.

(ii) if the equalized assessed valuation of the new electric generating facility is equal to or SB2899 EngrossedEnrolled - 243 - LRB094 15274 NHT 50465 b greater than $50,000,000 but less than $75,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 10% of the taxing district’s aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 35% of the taxing district’s taxes from the new electric generating facility;

(vi) if the equalized assessed valuation of the new electric generating facility is equal to or SB2899 EngrossedEnrolled - 244 - LRB094 15274 NHT 50465 b greater than $150,000,000, then the abatement may not exceed (i) over the entire term of the abatement, 50% of the taxing district’s aggregate taxes from the new electric generating facility and (ii) in any one year of abatement, 60% of the taxing district’s taxes from the new electric generating facility.

Any property in the taxing district which is used for the racing of horses and upon which capital improvements consisting of expansion, improvement or replacement of existing facilities have been made since SB2899 EngrossedEnrolled - 245 - LRB094 15274 NHT 50465 b July 1, 1987.

For assessment years 1998 through 2008, the property of an historical society SB2899 EngrossedEnrolled - 246 - LRB094 15274 NHT 50465 b qualifying as an exempt organization under Section 501(c)(3) of the federal Internal Revenue Code.

(b) Upon a majority vote of its governing authority, any SB2899 EngrossedEnrolled - 247 - LRB094 15274 NHT 50465 b municipality may, after the determination of the assessed valuation of its property, order the county clerk to abate any portion of its taxes on any property that is located within the corporate limits of the municipality in accordance with Section 8-3-18 of the Illinois Municipal Code.

When the Attorney General has certified to the Director of Commerce and Economic Opportunity Community Affairs that the amount, in the nature of a special assessment by which specified abutting State property has been benefited by a specified local improvement, has been determined in compliance with this Article, the Director shall, SB2899 EngrossedEnrolled - 248 - LRB094 15274 NHT 50465 b to the extent that appropriations are available for that purpose, voucher the amount of that assessment, or $25,000, whichever is less, for payment to the appropriate unit of local government.

SB2899 EngrossedEnrolled - 249 - LRB094 15274 NHT 50465 b (iii) any finance or credit charge, penalty or charge for delayed payment, or discount for prompt payment;

The provisions of this amendatory Act of 1997 are intended to clarify, rather than change, existing law as to the meaning SB2899 EngrossedEnrolled - 250 - LRB094 15274 NHT 50465 b and scope of this exemption.

However, notwithstanding the income tax return reporting requirement stated above, beginning July 1, 1979, no taxpayer’s denominators used to compute the sales, SB2899 EngrossedEnrolled - 251 - LRB094 15274 NHT 50465 b property or payroll factors under subsection (a) of Section 304 of the Illinois Income Tax Act shall include payroll, property or sales of any corporate entity other than the taxpayer for the purposes of determining an allocation for the invested capital tax.

SB2899 EngrossedEnrolled - 252 - LRB094 15274 NHT 50465 b However, "gross receipts" shall not include receipts from:

"Department" means the Department of Revenue of the State SB2899 EngrossedEnrolled - 253 - LRB094 15274 NHT 50465 b of Illinois.

"Invested capital" in the case of an electric cooperative subject to the tax imposed by Section 2a.1 means an amount equal to the product determined by multiplying, (i) the average of the balances at the beginning and end of the taxable period of the taxpayer’s total equity (including memberships, patronage capital, operating margins, non-operating margins, other margins and other equities), as set forth on the balance sheets included in the taxpayer’s annual report to the United States Department of Agriculture Rural Utilities Services (established pursuant to the federal Rural Electrification Act of 1936, as amended), by (ii) the fraction determined under SB2899 EngrossedEnrolled - 254 - LRB094 15274 NHT 50465 b Sections 301 and 304(a) of the Illinois Income Tax Act, as amended, for the taxable period.

(i) for interstate inter-office channels having 2 channel termination points, only one of which SB2899 EngrossedEnrolled - 255 - LRB094 15274 NHT 50465 b is in Illinois, 50% of the total charge imposed;

Such equipment includes, but is not limited to, the use of calculators, computers, data processing equipment, tabulating equipment or accounting equipment and also includes the usage of computers under a SB2899 EngrossedEnrolled - 256 - LRB094 15274 NHT 50465 b time-sharing agreement.

(10) Charges for nontaxable services or telecommunications if (i) those charges are aggregated with other charges for telecommunications that are SB2899 EngrossedEnrolled - 257 - LRB094 15274 NHT 50465 b taxable, (ii) those charges are not separately stated on the customer bill or invoice, and (iii) the retailer can reasonably identify the nontaxable charges on the retailer’s books and records kept in the regular course of business.

"Telecommunications" shall not include purchases of telecommunications by a telecommunications service provider SB2899 EngrossedEnrolled - 258 - LRB094 15274 NHT 50465 b for use as a component part of the service provided by him to the ultimate retail consumer who originates or terminates the taxable end-to-end communications.

(k) "Sale at retail" means the transmitting, supplying or furnishing of telecommunications and all services and equipment provided in connection therewith for a consideration to persons other than the Federal and State governments, and SB2899 EngrossedEnrolled - 259 - LRB094 15274 NHT 50465 b State universities created by statute and other than between a parent corporation and its wholly owned subsidiaries or between wholly owned subsidiaries for their use or consumption and not for resale.

In the event this may not be a defined location, as in the case of mobile phones, paging systems, maritime systems, service address means the customer’s place of primary use as defined in the Mobile SB2899 EngrossedEnrolled - 260 - LRB094 15274 NHT 50465 b Telecommunications Sourcing Conformity Act.

(a) "Gross charges" means the amount paid to a telecommunications retailer for the act or privilege of SB2899 EngrossedEnrolled - 261 - LRB094 15274 NHT 50465 b originating or receiving telecommunications in this State and for all services rendered in connection therewith, valued in money whether paid in money or otherwise, including cash, credits, services, and property of every kind or nature, and shall be determined without any deduction on account of the cost of such telecommunications, the cost of the materials used, labor or service costs, or any other expense whatsoever.

(i) the fee imposed by this Section, (ii) additional charges added to a purchaser’s bill under Section 9-221 or 9-222 of the Public Utilities Act, (iii) SB2899 EngrossedEnrolled - 262 - LRB094 15274 NHT 50465 b the tax imposed by the Telecommunications Excise Tax Act, (iv) 911 surcharges, (v) the tax imposed by Section 4251 of the Internal Revenue Code, or (vi) the tax imposed by the Simplified Municipal Telecommunications Tax Act.

(7) Bad debts ("bad debt" means any portion of a debt that is related to a sale at retail for which gross charges are not otherwise deductible or excludable that has become SB2899 EngrossedEnrolled - 263 - LRB094 15274 NHT 50465 b worthless or uncollectible, as determined under applicable federal income tax standards;

"Telecommunications" shall not include value added services in which computer processing applications are used to act on the form, content, code, and protocol of the information for SB2899 EngrossedEnrolled - 264 - LRB094 15274 NHT 50465 b purposes other than transmission.

When so authorized, it shall be the duty of such SB2899 EngrossedEnrolled - 265 - LRB094 15274 NHT 50465 b retailer to pay the fee upon all of the gross charges for telecommunications in the same manner and subject to the same requirements as a retailer maintaining a place of business within this State.

92-878, SB2899 EngrossedEnrolled - 266 - LRB094 15274 NHT 50465 b eff.

Charges for that portion of the inter-office channel connecting 2 or more channel termination points, one or more of which is located within the jurisdictional boundary of such municipality, shall be determined by the retailer by multiplying an amount equal to the total charge for the inter-office channel by a fraction, the numerator of which is the number of channel termination points that are located within the jurisdictional boundary of the municipality and the denominator of which is the total number of channel termination points connected by the SB2899 EngrossedEnrolled - 267 - LRB094 15274 NHT 50465 b inter-office channel.

(5) Charges to business enterprises certified as exempt under Section 9-222.1 of the Public Utilities Act to SB2899 EngrossedEnrolled - 268 - LRB094 15274 NHT 50465 b the extent of such exemption and during the period of time specified by the Department of Commerce and Economic Opportunity Community Affairs.

If the nontaxable charges cannot reasonably be identified, the gross charge from the sale of both taxable and nontaxable services or telecommunications billed on a combined basis shall be attributed to the taxable services SB2899 EngrossedEnrolled - 269 - LRB094 15274 NHT 50465 b or telecommunications.

"Retailer maintaining a place of business in this State", or any like term, means and includes any retailer having or maintaining within this State, directly or by a subsidiary, an office, distribution facilities, transmission facilities, sales office, warehouse or other place of business, or any SB2899 EngrossedEnrolled - 270 - LRB094 15274 NHT 50465 b agent or other representative operating within this State under the authority of the retailer or its subsidiary, irrespective of whether such place of business or agent or other representative is located here permanently or temporarily, or whether such retailer or subsidiary is licensed to do business in this State.

"Telecommunications", in addition to the meaning ordinarily and popularly ascribed to it, includes, without limitation, messages or information transmitted through use of local, toll, and wide area telephone service, private line services, channel services, telegraph services, SB2899 EngrossedEnrolled - 271 - LRB094 15274 NHT 50465 b teletypewriter, computer exchange services, cellular mobile telecommunications service, specialized mobile radio, stationary two-way radio, paging service, or any other form of mobile and portable one-way or two-way communications, or any other transmission of messages or information by electronic or similar means, between or among points by wire, cable, fiber optics, laser, microwave, radio, satellite, or similar facilities.

SB2899 EngrossedEnrolled - 272 - LRB094 15274 NHT 50465 b (35 ILCS 640/2-3) Sec.

(ii) any finance or credit charge, penalty or charge SB2899 EngrossedEnrolled - 273 - LRB094 15274 NHT 50465 b for delayed payment, or discount for prompt payment;

(h) "Self-assessing purchaser" means a purchaser for SB2899 EngrossedEnrolled - 274 - LRB094 15274 NHT 50465 b non-residential electric use who elects to register with and to pay tax directly to the Department in accordance with Sections 2-10 and 2-11 of this Law.

SB2899 EngrossedEnrolled - 275 - LRB094 15274 NHT 50465 b (a) Except as provided in subsection (b), a tax is imposed on the privilege of using in this State electricity purchased for use or consumption and not for resale, other than by municipal corporations owning and operating a local transportation system for public service, at the following rates per kilowatt-hour delivered to the purchaser:

(b) A tax is imposed on the privilege of using in this State electricity purchased from a municipal system or electric cooperative, as defined in Article XVII of the Public Utilities SB2899 EngrossedEnrolled - 276 - LRB094 15274 NHT 50465 b Act, which has not made an election as permitted by either Section 17-200 or Section 17-300 of such Act, at the lesser of 0.32 cents per kilowatt hour of all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser or 5% of each such purchaser’s purchase price for all electricity distributed, supplied, furnished, sold, transmitted, and delivered by such municipal system or electric cooperative to the purchaser, whichever is the lower rate as applied to each purchaser in each billing period.

SB2899 EngrossedEnrolled - 277 - LRB094 15274 NHT 50465 b (3) file a written application requesting the benefits provided in this Section with the Director of State Police and the Board on or before January 20, 1993;

(c) For all creditable service established under this SB2899 EngrossedEnrolled - 278 - LRB094 15274 NHT 50465 b Section, a person must pay to the System an employee contribution to be determined by the System, based on the member’s final rate of compensation and one-half of the total retirement contribution rate in effect for the member under subdivision (a)(3) of Section 14-133 on the date of withdrawal.

(d) Notwithstanding Section 14-111, an annuitant who has SB2899 EngrossedEnrolled - 279 - LRB094 15274 NHT 50465 b received any age enhancement or creditable service under this Section and who reenters service under this Article other than as a temporary employee shall thereby forfeit such age enhancement and creditable service, and become entitled to a refund of the contributions made pursuant to this Section.

(d) two members of SB2899 EngrossedEnrolled - 280 - LRB094 15274 NHT 50465 b the system, one of whom shall be an annuitant age 60 or over, having at least 8 years of creditable service, to be appointed by the Governor for terms of 5 years;

SB2899 EngrossedEnrolled - 281 - LRB094 15274 NHT 50465 b The trustees shall serve without compensation, but shall be reimbursed from the funds of the system for all necessary expenses incurred through service on the board.

The Local Government Financial Planning and SB2899 EngrossedEnrolled - 282 - LRB094 15274 NHT 50465 b Supervision Act is amended by changing Sections 5 and 12 as follows:

Of the initial Directors so appointed, 3 shall be appointed to serve for terms expiring 3 years SB2899 EngrossedEnrolled - 283 - LRB094 15274 NHT 50465 b from the date of their appointment, and 2 shall be appointed to serve for terms expiring 2 years from the date of their appointment.

The court on such review may grant exceptions to the stay provisions of Section 7 of SB2899 EngrossedEnrolled - 284 - LRB094 15274 NHT 50465 b this Act as adequate protection of creditors’ interests or equity may require.

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 SB2899 EngrossedEnrolled - 285 - LRB094 15274 NHT 50465 b submit in writing, within 5 days, additional nominees, not exceeding 3.

(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 SB2899 EngrossedEnrolled - 286 - LRB094 15274 NHT 50465 b 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.

The Illinois Municipal Budget Law is amended SB2899 EngrossedEnrolled - 287 - LRB094 15274 NHT 50465 b by changing Section 2 as follows:

SB2899 EngrossedEnrolled - 288 - LRB094 15274 NHT 50465 b (50 ILCS 750/13) (from Ch.

The Local Land Resource Management Planning SB2899 EngrossedEnrolled - 289 - LRB094 15274 NHT 50465 b Act is amended by changing Sections 3 and 8 as follows:

revised 12-6-03.) SB2899 EngrossedEnrolled - 290 - LRB094 15274 NHT 50465 b (50 ILCS 805/8) (from Ch.

Each economic development SB2899 EngrossedEnrolled - 291 - LRB094 15274 NHT 50465 b plan shall include but not be limited to (1) estimated economic development project costs, (2) the sources of funds to pay such costs, (3) the nature and term of any obligations to be issued by the county to pay such costs, (4) the most recent equalized assessed valuation of the economic development project area, (5) an estimate of the equalized assessed valuation of the economic development project area after completion of the economic development plan, (6) the estimated date of completion of any economic development project proposed to be undertaken, (7) a general description of any proposed developer, user, or tenant of any property to be located or improved within the economic development project area, (8) a description of the type, structure and general character of the facilities to be developed or improved in the economic development project area, (9) a description of the general land uses to apply in the economic development project area, (10) a description of the type, class and number of employees to be employed in the operation of the facilities to be developed or improved in the economic development project area and (11) a commitment by the county to fair employment practices and an affirmative action plan with respect to any economic development program to be undertaken by the county.

(d) "Economic development project area" means any improved or vacant area which is located within the corporate limits of a county and which (1) is within the unincorporated area of such county, or, with the consent of any affected municipality, is located partially within the unincorporated area of such county and partially within one or more municipalities, (2) is contiguous, (3) is not less in the aggregate than 100 acres, (4) is suitable for siting by any commercial, manufacturing, industrial, research or transportation enterprise of facilities to include but not be limited to commercial businesses, offices, factories, mills, processing plants, assembly plants, packing plants, fabricating plants, SB2899 EngrossedEnrolled - 292 - LRB094 15274 NHT 50465 b industrial or commercial distribution centers, warehouses, repair overhaul or service facilities, freight terminals, research facilities, test facilities or transportation facilities, whether or not such area has been used at any time for such facilities and whether or not the area has been used or is suitable for such facilities and whether or not the area has been used or is suitable for other uses, including commercial agricultural purposes, and (5) which has been certified by the Department pursuant to this Act.

and including installation, repair, construction, reconstruction, or relocation of public streets, public utilities, and other public site improvements within or without an economic SB2899 EngrossedEnrolled - 293 - LRB094 15274 NHT 50465 b development project area which are essential to the preparation of the economic development project area for use in accordance with an economic development plan;

(8) Relocation costs to the extent that a county determines that relocation costs shall be paid or is required to make payment of relocation costs by federal or SB2899 EngrossedEnrolled - 294 - LRB094 15274 NHT 50465 b State law;

and (iv) costs of rebating ad valorem taxes shall be SB2899 EngrossedEnrolled - 295 - LRB094 15274 NHT 50465 b paid by a county solely from the special tax allocation fund established pursuant to this Act and shall be paid from the proceeds of any obligations issued by a county.

(A) private financing costs shall be paid or reimbursed by a county only pursuant to the prior SB2899 EngrossedEnrolled - 296 - LRB094 15274 NHT 50465 b official action of the county evidencing an intent to pay such private financing costs;

(g) "Taxing districts" means municipalities, townships, counties, and school, road, park, sanitary, mosquito abatement, forest preserve, public health, fire protection, river conservancy, tuberculosis sanitarium and any other SB2899 EngrossedEnrolled - 297 - LRB094 15274 NHT 50465 b county corporations or districts with the power to levy taxes on real property.

SB2899 EngrossedEnrolled - 298 - LRB094 15274 NHT 50465 b (v) For the next 500,000 kilowatt-hours used or consumed in a month;

Upon the request of the corporate authorities of a municipality, the Illinois Commerce Commission shall, within 90 days after receipt of such request, promulgate alternative rates for each of these kilowatt-hour categories that will reflect, as closely as reasonably practical for that municipality, the distribution of the tax among classes of purchasers as if the tax were based on SB2899 EngrossedEnrolled - 299 - LRB094 15274 NHT 50465 b a uniform percentage of the purchase price of electricity.

nor shall any persons engaged in the business of distributing, supplying, furnishing, selling or transmitting gas, water, or electricity, or using or consuming electricity acquired in a purchase at retail, be subject to taxation under the provisions of this Section for those transactions that are or may become subject to taxation under SB2899 EngrossedEnrolled - 300 - LRB094 15274 NHT 50465 b the provisions of the "Municipal Retailers’ Occupation Tax Act" authorized by Section 8-11-1;

(b) In any case in which (i) prior to October 19, 1979, the corporate authorities of any municipality have adopted an ordinance imposing a tax authorized by this Section (or by the predecessor provision of the "Revised Cities and Villages Act") and have explicitly or in practice interpreted gross receipts to include either charges added to customers’ bills pursuant to the provision of paragraph (a) of Section 36 of the Public Utilities Act or charges added to customers’ bills by taxpayers who are not subject to rate regulation by the Illinois Commerce SB2899 EngrossedEnrolled - 301 - LRB094 15274 NHT 50465 b Commission for the purpose of recovering any of the tax liabilities or other amounts specified in such paragraph (a) of Section 36 of that Act, and (ii) on or after October 19, 1979, a judicial tribunal has construed gross receipts to exclude all or part of those charges, then neither those municipality nor any taxpayer who paid the tax shall be required to rebate, refund, or issue credits for any tax imposed or charge collected from customers pursuant to the municipality’s interpretation prior to October 19, 1979.

Persons delivering electricity shall SB2899 EngrossedEnrolled - 302 - LRB094 15274 NHT 50465 b collect the tax from the purchaser by adding such tax to the gross charge for delivering the electricity, in the manner prescribed by the municipality.

"Gross receipts" shall not include that portion of the consideration received for distributing, supplying, furnishing, or selling gas or water to business enterprises described in paragraph (e) of this Section to the extent and during the period in which the exemption authorized by paragraph (e) is in effect or for school districts or units of local government described in paragraph (f) during the period in which the exemption SB2899 EngrossedEnrolled - 303 - LRB094 15274 NHT 50465 b authorized in paragraph (f) is in effect.

"Person" as used in this Section means any natural individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, limited SB2899 EngrossedEnrolled - 304 - LRB094 15274 NHT 50465 b liability company, municipal corporation, the State or any of its political subdivisions, any State university created by statute, or a receiver, trustee, guardian or other representative appointed by order of any court.

(e) Any municipality that imposes taxes upon public utilities or upon the privilege of using or consuming electricity pursuant to this Section whose territory includes any part of an enterprise zone or federally designated Foreign Trade Zone or Sub-Zone may, by a majority vote of its corporate authorities, exempt from those taxes for a period not exceeding 20 years any specified percentage of gross receipts of public utilities received from, or electricity used or consumed by, SB2899 EngrossedEnrolled - 305 - LRB094 15274 NHT 50465 b business enterprises that:

The Department of Revenue shall notify the public utilities of the exemption status of the gross receipts SB2899 EngrossedEnrolled - 306 - LRB094 15274 NHT 50465 b received from, and the electricity used or consumed by, the certified business enterprises.

Any municipality adopting this Division may make application to the Department of Commerce and Economic Opportunity Community Affairs for grants to help defray the cost of establishing and maintaining SB2899 EngrossedEnrolled - 307 - LRB094 15274 NHT 50465 b a code hearing department as provided in this Division.

At a minimum, SB2899 EngrossedEnrolled - 308 - LRB094 15274 NHT 50465 b the municipality shall mail a notice to each residential address located within the redevelopment project area.

(d) In the event that any municipality has by ordinance adopted tax increment financing prior to 1987, and has complied with the notice requirements of this Section, except that the notice has not included the requirements of subsection (b), paragraphs (2), (3) and (4), and within 90 days of the SB2899 EngrossedEnrolled - 309 - LRB094 15274 NHT 50465 b effective date of this amendatory Act of 1991, that municipality passes an ordinance which contains findings that:

The time and place for the meeting shall be set by the head of the municipality’s Department of Planning or other department official designated by the mayor or city or village manager without the necessity SB2899 EngrossedEnrolled - 310 - LRB094 15274 NHT 50465 b of a resolution or ordinance of the municipality and may be held by a member of the staff of the Department of Planning of the municipality or by any other person, body, or commission designated by the corporate authorities.

(5) The name, telephone number, and address of the person who can be contacted for additional information about the proposed redevelopment project area and who SB2899 EngrossedEnrolled - 311 - LRB094 15274 NHT 50465 b should receive all comments and suggestions regarding the development of the area to be studied.

The Retailers’ Occupation Tax liability, Use Tax liability, Service Occupation Tax liability and Service Use Tax liability for retailers and servicemen located within the disconnected area shall be excluded from the base from which tax increments are calculated and the revenue SB2899 EngrossedEnrolled - 312 - LRB094 15274 NHT 50465 b from any such retailer or serviceman shall not be included in calculating incremental revenue payable to the municipality.

If a retailer or serviceman with a place of business located within a redevelopment project area also has one or more other places of business within the municipality but outside the redevelopment project area, the retailer or serviceman shall, upon request of the Department of Revenue, certify to the Department of Revenue the amount of taxes paid pursuant to the Retailers’ Occupation Tax Act, the Municipal Retailers’ Occupation Tax Act, the Service Occupation Tax Act SB2899 EngrossedEnrolled - 313 - LRB094 15274 NHT 50465 b and the Municipal Service Occupation Tax Act at each place of business which is located within the redevelopment project area in the manner and for the periods of time requested by the Department of Revenue.

If the municipality makes the determination referred to in the prior paragraph and notifies the Department and if the relocation is from a location within the municipality, the Department, at the request of the municipality, shall adjust the certified aggregate amount of taxes that constitute the Municipal Sales Tax Increment paid by retailers and servicemen on transactions at places of business located within the State Sales Tax Boundary during the base year using the same SB2899 EngrossedEnrolled - 314 - LRB094 15274 NHT 50465 b procedures as are employed to make the adjustment referred to in the prior paragraph.

The ratio of the Annual Total Increment of each municipality to the Annual Total Increment for all municipalities, as most recently calculated by the Department, SB2899 EngrossedEnrolled - 315 - LRB094 15274 NHT 50465 b shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality.

The amount to be deposited by the municipality in each of the tax years affected by the extension SB2899 EngrossedEnrolled - 316 - LRB094 15274 NHT 50465 b to December 31, 2013 shall be equal to the municipal share of the property tax increment deposited into the special tax allocation fund by the municipality for the most recent year that the property tax increment was distributed.

SB2899 EngrossedEnrolled - 317 - LRB094 15274 NHT 50465 b When a municipality determines that a portion of an increase in the aggregate amount of taxes paid by industrial or commercial facilities under the Public Utilities Act, is the result of an industrial or commercial facility initiating operations in the redevelopment project area with a resulting termination of such operations by such industrial or commercial facility at another location in Illinois, the Department of Revenue shall be notified by such municipality that such industrial or commercial facility’s liability under the Public Utility Tax Act shall be included in the base from which tax increments are calculated for purposes of State payments to the affected municipality.

A municipality shall not receive any share of the Illinois Tax Increment Fund from the State unless such municipality imposes the maximum municipal charges authorized pursuant to Section 9-221 of the Public Utilities Act and deposits all SB2899 EngrossedEnrolled - 318 - LRB094 15274 NHT 50465 b municipal utility tax incremental revenues as certified by the public utilities, and all local real estate tax increments into such municipality’s special tax allocation fund.

SB2899 EngrossedEnrolled - 319 - LRB094 15274 NHT 50465 b (e) an opinion of legal counsel that the municipality had complied with the requirements of this Act;

(b) determine the amount of charges imposed pursuant to Sections 9-221 and 9-222 of the Public Utilities Act on persons in the redevelopment project area during the base SB2899 EngrossedEnrolled - 320 - LRB094 15274 NHT 50465 b year, both as a result of municipal taxes on electricity and gas and as a result of State taxes on electricity and gas and certify such amounts both to the municipality and the Department of Revenue;

(a) Any amendments to the redevelopment plan, the redevelopment project area, or the State Sales Tax SB2899 EngrossedEnrolled - 321 - LRB094 15274 NHT 50465 b Boundary.

SB2899 EngrossedEnrolled - 322 - LRB094 15274 NHT 50465 b 1.

(6.1) After July 29, 1988 and before the effective date of this amendatory Act of the 91st General Assembly, any funds SB2899 EngrossedEnrolled - 323 - LRB094 15274 NHT 50465 b which have not been designated for use in a specific development project in the annual report shall be designated as surplus.

The ratio of the Annual Total Increment of each municipality to SB2899 EngrossedEnrolled - 324 - LRB094 15274 NHT 50465 b the Annual Total Increment for all municipalities, as most recently calculated by the Department, shall determine the proportional shares of the Illinois Tax Increment Fund to be distributed to each municipality.

(1) For any municipality with a population of more SB2899 EngrossedEnrolled - 325 - LRB094 15274 NHT 50465 b than 12,000 as determined by the 1980 U.S.

(b) the aggregate amount of 1985 taxes in the redevelopment project area, or in the case of a municipality which has more than one redevelopment project area, the total of all such areas, shall not be more than 35% of the total base year taxes paid by retailers and servicemen on transactions at places of business located within the municipality under the Retailers’ Occupation Tax Act, the Use Tax Act, the Service Use Tax Act, and the Service Occupation Tax SB2899 EngrossedEnrolled - 326 - LRB094 15274 NHT 50465 b Act.

SB2899 EngrossedEnrolled - 327 - LRB094 15274 NHT 50465 b Such secondary review shall be completed by July 1, 1989.

(e) Any Certificate of Eligibility issued pursuant to this subsection 9 shall be binding only on the State for the purposes of establishing municipal eligibility to SB2899 EngrossedEnrolled - 328 - LRB094 15274 NHT 50465 b receive revenue pursuant to subsection (1) of this Section 11-74.4-8a.

However expenditures of all municipal property tax increment and municipal sales tax SB2899 EngrossedEnrolled - 329 - LRB094 15274 NHT 50465 b increment in a redevelopment project area are not required to be spent within the smaller State Sales Tax Boundary within such redevelopment project area.

(a) "Environmentally contaminated area" means any improved or vacant area within the boundaries of a redevelopment project area located within the corporate limits of a municipality when, (i) there has been a determination of release or substantial threat of release of a hazardous substance or pesticide, by the United States Environmental Protection Agency or the Illinois Environmental Protection Agency, or the Illinois Pollution Control Board, or any court, or a release or substantial threat of release which is addressed as part of the Pre-Notice Site Cleanup Program under Section 22.2(m) of the Illinois Environmental Protection Act, or a release or substantial threat of release of petroleum under Section 22.12 SB2899 EngrossedEnrolled - 330 - LRB094 15274 NHT 50465 b of the Illinois Environmental Protection Act, and (ii) which release or threat of release presents an imminent and substantial danger to public health or welfare or presents a significant threat to public health or the environment, and (iii) which release or threat of release would have a significant impact on the cost of redeveloping the area.

These related operations may include, but are not limited to, business and office support services such as centralized computers, telecommunications, publishing, accounting, photocopying and similar activities, and employee services SB2899 EngrossedEnrolled - 331 - LRB094 15274 NHT 50465 b such as child care, health care, food service and similar activities.

No redevelopment projects may be authorized by the municipality under Standard One of subsection (e) of this Section unless the project plan also provides for an employment training project that would prepare unemployed workers for work in the industrial park SB2899 EngrossedEnrolled - 332 - LRB094 15274 NHT 50465 b conservation area, and the project has been approved by official action of or is to be operated by the local community college district, public school district or state or locally designated private industry council or successor agency, or (2) Standard Two:

The area shall consist of one or more industrial buildings totaling at least 50,000 net square feet of industrial space, with a majority of the total area SB2899 EngrossedEnrolled - 333 - LRB094 15274 NHT 50465 b of all the buildings having been vacant for at least 18 months;

(i) for a municipality that is not in an urban county, the same as the unemployment rate in the principal county where the municipality is located or (ii) for a municipality in an urban county at that municipality’s option, either the unemployment rate certified for the municipality by the Department after consultation with the Illinois Department of Labor or the SB2899 EngrossedEnrolled - 334 - LRB094 15274 NHT 50465 b federal Bureau of Labor Statistics, or the unemployment rate of the municipality as determined by the most recent federal census if that census was not dated more than 5 years prior to the date on which the determination is made.

(k) "Payment in lieu of taxes" means those estimated tax revenues from real property in a redevelopment project area derived from real property that has been acquired by a municipality, which according to the redevelopment project or plan are to be used for a private use, that taxing districts SB2899 EngrossedEnrolled - 335 - LRB094 15274 NHT 50465 b would have received had a municipality not acquired the real property and adopted tax increment allocation financing and that would result from levies made after the time of the adoption of tax increment allocation financing until the time the current equalized assessed value of real property in the redevelopment project area exceeds the total initial equalized assessed value of real property in that area.

(1) an itemized list of estimated redevelopment project costs, (2) evidence indicating that the redevelopment project area or the redevelopment planning area, or both, on the whole has not been subject to growth and development through investment by private enterprise, (3) (i) in the case of an environmentally contaminated area, industrial park conservation area, or a SB2899 EngrossedEnrolled - 336 - LRB094 15274 NHT 50465 b vacant industrial buildings conservation area classified under either Standard One, or Standard Two of subsection (f) where the building is currently vacant, evidence that implementation of the redevelopment plan is reasonably expected to create a significant number of permanent full time jobs, (ii) in the case of a vacant industrial buildings conservation area classified under Standard Two (B)(i) or (ii) of subsection (f), evidence that implementation of the redevelopment plan is reasonably expected to retain a significant number of existing permanent full time jobs, and (iii) in the case of a combination of an environmentally contaminated area, industrial park conservation area, or vacant industrial buildings conservation area, evidence that the standards concerning the creation or retention of jobs for each area set forth in (i) or (ii) above are met, (4) an assessment of the financial impact of the redevelopment project area or the redevelopment planning area, or both, on the overlapping taxing bodies or any increased demand for services from any taxing district affected by the plan and any program to address such financial impact or increased demand, (5) the sources of funds to pay costs, (6) the nature and term of the obligations to be issued, (7) the most recent equalized assessed valuation of the redevelopment project area or the redevelopment planning area, or both, (8) an estimate of the equalized assessed valuation after redevelopment and the general land uses that are applied in the redevelopment project area or the redevelopment planning area, or both, (9) a commitment to fair employment practices and an affirmative action plan, (10) if it includes an industrial park conservation area, the following:

either (i) a determination of release or substantial SB2899 EngrossedEnrolled - 337 - LRB094 15274 NHT 50465 b threat of release of a hazardous substance or pesticide or of petroleum by the United States Environmental Protection Agency or the Illinois Environmental Protection Agency, or the Illinois Pollution Control Board or any court;

(i) conforms to the strategic economic development or redevelopment plan issued by the designated planning SB2899 EngrossedEnrolled - 338 - LRB094 15274 NHT 50465 b authority of the municipality or (ii) includes land uses that have been approved by the planning commission of the municipality;

(6) in the case of an environmentally contaminated area, that the area is subject to a release or substantial threat of release of a hazardous substance, pesticide or SB2899 EngrossedEnrolled - 339 - LRB094 15274 NHT 50465 b petroleum which presents an imminent and substantial danger to public health or welfare or presents a significant threat to public health or environment, that such release or threat of release will have a significant impact on the cost of redeveloping the area, that the implementation of the redevelopment plan is reasonably expected to result in the area being redeveloped, the tax base of the affected taxing districts being significantly enhanced thereby, and the creation of a significant number of permanent full time jobs;

(n) "Redevelopment project area" means a contiguous area designated by the municipality that is not less in the aggregate than 1 1/2 acres, and for which the municipality has made a finding that there exist conditions that cause the area to be classified as an industrial park conservation area, a vacant industrial building conservation area, an SB2899 EngrossedEnrolled - 340 - LRB094 15274 NHT 50465 b environmentally contaminated area or a combination of these types of areas.

(1.5) After July 1, 1999, annual administrative costs SB2899 EngrossedEnrolled - 341 - LRB094 15274 NHT 50465 b shall not include general overhead or administrative costs of the municipality that would still have been incurred by the municipality if the municipality had not designated a redevelopment project area or approved a redevelopment plan;

(5) Costs of construction within a redevelopment project area of public improvements, including but not limited to, buildings, structures, works, utilities or fixtures, except that on and after the effective date of SB2899 EngrossedEnrolled - 342 - LRB094 15274 NHT 50465 b this amendatory Act of the 91st General Assembly, redevelopment project costs shall not include the cost of constructing a new municipal public building principally used to provide offices, storage space, or conference facilities or vehicle storage, maintenance, or repair for administrative, public safety, or public works personnel and that is not intended to replace an existing public building as provided under paragraph (4) unless either (i) the construction of the new municipal building implements a redevelopment project that was included in a redevelopment plan that was adopted by the municipality prior to the effective date of this amendatory Act of the 91st General Assembly or (ii) the municipality makes a reasonable determination in the redevelopment plan, supported by information that provides the basis for that determination, that the new municipal building is required to meet an increase in the need for public safety purposes anticipated to result from the implementation of the redevelopment plan.

The municipality shall seek SB2899 EngrossedEnrolled - 343 - LRB094 15274 NHT 50465 b reimbursement of these costs from persons legally responsible for these costs and the costs of obtaining this reimbursement.

and (ii) are incurred by a taxing district or taxing districts other than the municipality and are set forth in a written agreement by or among the municipality and the taxing district or taxing districts, which agreement describes SB2899 EngrossedEnrolled - 344 - LRB094 15274 NHT 50465 b the program to be undertaken, including but not limited to the number of employees to be trained, a description of the training and services to be provided, the number and type of positions available or to be available, itemized costs of the program and sources of funds to pay for the same, and the term of the agreement.

(D) interest costs shall be paid or reimbursed by a municipality solely from the special tax allocation fund established pursuant to this Act and shall not be SB2899 EngrossedEnrolled - 345 - LRB094 15274 NHT 50465 b paid or reimbursed from the proceeds of any obligations issued by a municipality;

An amendment of a redevelopment SB2899 EngrossedEnrolled - 346 - LRB094 15274 NHT 50465 b plan and project in accordance with the findings and procedures of this Act after the designation of a redevelopment planning area at any time within the 5 years after the designation of the redevelopment planning area shall not require new qualification of findings for the redevelopment project area to be designated within the redevelopment planning area.

1230.1) SB2899 EngrossedEnrolled - 347 - LRB094 15274 NHT 50465 b Sec.

SB2899 EngrossedEnrolled - 348 - LRB094 15274 NHT 50465 b After the adoption by the Board of an ordinance authorizing the issuance of such refunding bonds before January 1, 1991, and the execution of any proposal or contract relating to the sale thereof, the Authority shall prepare and deliver a report as soon as practical to the Director of the Governor’s Office of Management and Budget (formerly Bureau of the Budget), the President of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives and the Minority Leader of the House of Representatives setting forth the amount of refunding bonds, the interest rate or rates, a schedule of estimated debt service requirements, the projected cost savings to the State, the method or manner of the sale and any participants therein, including underwriters, financial advisors, attorneys, accountants, trustees, printers, registrars and paying agents.

Pending application thereof, the proceeds of such refunding bonds and such other available funds, if any, may be invested in direct obligations of, or obligations the principal thereof and the interest on which are unconditionally guaranteed by, the United States of America which shall mature, or which shall be subject to redemption by the holder thereof at its option not later than the respective date or dates when SB2899 EngrossedEnrolled - 349 - LRB094 15274 NHT 50465 b such proceeds and other available funds, if any, (either together with the interest accruing thereon or without considering the interest accruing thereon) will be required for the refunding purpose intended or authorized.

(f) Upon the deposit of the proceeds of the refunding bonds (together with any other funds available for application to refunding purposes, if so provided or permitted by ordinance authorizing the issuance of such refunding bonds or in a trust agreement securing the same) in an irrevocable trust pursuant to a trust agreement with a trustee requiring the trustee to satisfy the obligations of the Authority to timely redeem and retire the outstanding bonds for which the proceeds and other funds, if any, are deposited, in an amount sufficient to satisfy the obligation of the Authority to timely redeem and retire such outstanding bonds or upon the deposit in such irrevocable trust of direct obligations which, or obligations the principal and interest of which, are unconditionally guaranteed by the United States of America, in an amount sufficient to pay all principal and all interest accrued and to be accrued in respect of the bonds to be refunded from the reinvestment of such principal and interest, or in such amounts so that upon maturity (or upon optional redemption by the trustee) of such obligations amounts will be produced, taking into account investment earnings, on a timely basis sufficient to satisfy the obligations of the Authority to timely redeem and retire such outstanding bonds, and notwithstanding any provision of any ordinance or trust agreement authorizing the issuance of such outstanding bonds to the contrary, such outstanding bonds shall be deemed paid and no longer be deemed to be outstanding for purposes of such ordinance or trust agreement, and all rights and obligations of the bond holders and the Authority under such prior ordinance or trust agreement shall be deemed discharged, provided, however, that the holders of such outstanding bonds shall have an irrevocable and unconditional right to payment in full of all principal of and premium if any and interest on such outstanding bonds when due SB2899 EngrossedEnrolled - 350 - LRB094 15274 NHT 50465 b from the amounts on deposit in such trust.

All moneys transferred from the McCormick Place Account in the Build Illinois Fund to the Metropolitan Fair and Exposition Authority Improvement Bond Fund and all moneys transferred from the Metropolitan Fair and Exposition Authority Improvement Bond Fund to the Metropolitan Fair and Exposition Authority Completion Note Subordinate Fund may be appropriated by law for the purpose of paying the debt service requirements on all bonds and notes issued under this Section, including refunding bonds, (herein collectively referred to as bonds) to be issued by the Authority subsequent to July 1, 1984 in an aggregate amount (excluding the amount of any refunding bonds issued by the Authority subsequent to January 1, 1986), not to exceed $312,500,000, with such aggregate amount comprised of (i) an amount not to exceed $259,000,000 for the purpose of paying costs of the Project and (ii) the balance for the purpose of refunding those bonds of the Authority that were issued prior to July 1, 1984 and for the purpose of establishing necessary SB2899 EngrossedEnrolled - 351 - LRB094 15274 NHT 50465 b reserves on, paying capitalized interest on, and paying costs of issuance of bonds, other than refunding bonds issued subsequent to January 1, 1986, issued for those purposes, provided that any proceeds of bonds, other than refunding bonds issued subsequent to January 1, 1986, and interest or other investment earnings thereon not used for the purposes stated in items (i) and (ii) above shall be used solely to redeem outstanding bonds, other than bonds which have been refunded or advance refunded, of the Authority.

No amounts in excess of the sum of $250,000,000 plus all SB2899 EngrossedEnrolled - 352 - LRB094 15274 NHT 50465 b interest and other investment income earned prior to the effective date of this amendatory Act of 1985 on all proceeds of all bonds issued for the purpose of paying costs of the Project shall be obligated or expended with respect to the costs of the Project without prior written approval from the Director of the Governor’s Office of Management and Budget Bureau of the Budget.

On the first day of each month commencing after July of 1984, moneys, if any, on deposit in the Metropolitan Fair and Exposition Authority Improvement Bond Fund shall, subject to appropriation by law, be paid in full to the Authority or upon its direction to the trustee or trustees for bond holders of bonds which by their terms are payable from the moneys received from the Metropolitan Fair and Exposition Authority Improvement Bond Fund issued by the Metropolitan Pier and Exposition Authority subsequent to July 1, 1984, for the purposes specified in the first paragraph of this Section and in Section 10.1 of this Act, such trustee or trustees having been designated pursuant to ordinance of the Authority, until an amount equal to 100% of the aggregate amount of such SB2899 EngrossedEnrolled - 353 - LRB094 15274 NHT 50465 b principal and interest in such fiscal year, including pursuant to sinking fund requirements, has been so paid and deficiencies in reserves established from bond proceeds shall have been remedied.

In addition, the State pledges to and agrees with the holders of the bonds of the Metropolitan Pier and Exposition Authority issued pursuant to this Act that the State will not limit or alter the basis on SB2899 EngrossedEnrolled - 354 - LRB094 15274 NHT 50465 b which State funds are to be paid to the Metropolitan Pier and Exposition Authority as provided in this Act, or the use of such funds, so as to impair the terms of any such contract.

(a) There is hereby created a political SB2899 EngrossedEnrolled - 355 - LRB094 15274 NHT 50465 b subdivision, body politic and municipal corporation named the Quad Cities Regional Economic Development Authority.

(c) The terms of all members of the Authority shall begin 30 days after the effective date of this Act, except (i) the terms of those members added by this amendatory Act of 1989 shall begin 30 days after the effective date of this amendatory SB2899 EngrossedEnrolled - 356 - LRB094 15274 NHT 50465 b Act of 1989 and (ii) the terms of those members added by this amendatory Act of the 92nd General Assembly shall begin 30 days after the effective date of this amendatory Act of the 92nd General Assembly.

The Chairman of a county board may remove any public member of the Authority SB2899 EngrossedEnrolled - 357 - LRB094 15274 NHT 50465 b appointed by such Chairman in the case of incompetency, neglect of duty, or malfeasance in office.

revised 12-6-03.) SB2899 EngrossedEnrolled - 358 - LRB094 15274 NHT 50465 b Section 585.

The Chairman of the Authority shall be a public member elected by the affirmative vote of not fewer than 4 members of the SB2899 EngrossedEnrolled - 359 - LRB094 15274 NHT 50465 b Authority.

The Executive SB2899 EngrossedEnrolled - 360 - LRB094 15274 NHT 50465 b Director shall hold office at the discretion of the Board.

(b) The governing and administrative powers of the Authority shall be vested in a body consisting of 11 members including, as ex officio members, the Director of the Department of Commerce and Economic Opportunity Community Affairs, or his or her designee, and the Director of the SB2899 EngrossedEnrolled - 361 - LRB094 15274 NHT 50465 b Department of Central Management Services, or his or her designee.

In case of vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be nominated to fill such office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until a successor shall be appointed SB2899 EngrossedEnrolled - 362 - LRB094 15274 NHT 50465 b and qualified.

SB2899 EngrossedEnrolled - 363 - LRB094 15274 NHT 50465 b (g) The Board shall create a task force to study and make recommendations to the Board on the economic development of the city of East St.

The other 9 members of the Authority shall be designated "public members", 3 of whom shall be appointed by SB2899 EngrossedEnrolled - 364 - LRB094 15274 NHT 50465 b the Governor, 3 of whom shall be appointed one each by the county board chairmen of Peoria, Tazewell and Woodford counties and 3 of whom shall be appointed one each by the city councils of East Peoria, Pekin and Peoria.

(d) The Governor may remove any public member of the SB2899 EngrossedEnrolled - 365 - LRB094 15274 NHT 50465 b Authority in case of incompetency, neglect of duty, or malfeasance in office.

The members of the task force shall reside within the territorial jurisdiction of this Article, shall serve at the pleasure of the Board and SB2899 EngrossedEnrolled - 366 - LRB094 15274 NHT 50465 b shall be persons of recognized ability and experience in one or more of the following areas:

All public members shall reside within the SB2899 EngrossedEnrolled - 367 - LRB094 15274 NHT 50465 b territorial jurisdiction of this Act.

In case of vacancy in a Governor-appointed membership when the Senate is not in session, the Governor may make a temporary appointment until the next meeting of the Senate when a person shall be SB2899 EngrossedEnrolled - 368 - LRB094 15274 NHT 50465 b nominated to fill such office, and any person so nominated who is confirmed by the Senate shall hold office during the remainder of the term and until a successor shall be appointed and qualified.

Non-voting members shall serve at SB2899 EngrossedEnrolled - 369 - LRB094 15274 NHT 50465 b the pleasure of the Board.

The other 9 members of the Authority shall be designated "public members", 3 of whom shall SB2899 EngrossedEnrolled - 370 - LRB094 15274 NHT 50465 b be appointed by the Governor, 3 of whom shall be appointed by the county board chairman of Will County, and 3 of whom shall be appointed by the county board chairman of Kankakee County.

(d) The Governor may remove any public member of the SB2899 EngrossedEnrolled - 371 - LRB094 15274 NHT 50465 b Authority in case of incompetency, neglect of duty, or malfeasance in office.

The members of the task force shall reside within the territorial jurisdiction of this Act, shall serve at the pleasure of the Board and shall SB2899 EngrossedEnrolled - 372 - LRB094 15274 NHT 50465 b be persons of recognized ability and experience in one or more of the following areas:

revised 12-6-03.) SB2899 EngrossedEnrolled - 373 - LRB094 15274 NHT 50465 b (70 ILCS 1705/35) (from Ch.

Application SB2899 EngrossedEnrolled - 374 - LRB094 15274 NHT 50465 b for federal planning grants submitted to the Federal Government shall be reviewed by the Department of Commerce and Economic Opportunity Community Affairs.

Eight commissioners appointed by the Governor, at SB2899 EngrossedEnrolled - 375 - LRB094 15274 NHT 50465 b least 4 of whom shall be elected officials of a unit of government and at least 7 of whom shall be residents of the Metropolitan and Regional Counties Area.

provided, SB2899 EngrossedEnrolled - 376 - LRB094 15274 NHT 50465 b further, that at least one member so appointed from each county having a population in excess of 100,000 shall be a resident in an area of such county outside any city, village or incorporated town, and at least one member so appointed from such counties shall be a resident of a city, village or incorporated town of such county.

SB2899 EngrossedEnrolled - 377 - LRB094 15274 NHT 50465 b One member from among the Illinois members of the East-West Gateway Coordinating Council, elected by said members of said council, provided preference shall be given in this appointment to the Chairman or Vice Chairman of said Council if either or both of those officers is an Illinois resident.

One representative from each County within the Area of SB2899 EngrossedEnrolled - 378 - LRB094 15274 NHT 50465 b operation who shall be other than an elected official and who shall be appointed by the Chairman of each County Board, provided that each representative so appointed shall be from disadvantaged or minority groups within the County’s population.

All funds received for the use of the Commission shall be deposited in the name of the Commission by the treasurer, in a depository approved by the Commission and shall SB2899 EngrossedEnrolled - 379 - LRB094 15274 NHT 50465 b be withdrawn or paid out only by check or draft upon the depository signed by any two of such Commissioners or employees of the Commission as may be designated for this purpose by the Commission, provided further that funds appropriated to the Commission by the General Assembly shall not be expended except in accordance with a formal planning program and budget which has been reviewed and approved by the Department of Commerce and Economic Opportunity Community Affairs.

revised 12-6-03.) SB2899 EngrossedEnrolled - 380 - LRB094 15274 NHT 50465 b (70 ILCS 1710/37) (from Ch.

Bonds or notes of the Authority may be issued for any or all of the following SB2899 EngrossedEnrolled - 381 - LRB094 15274 NHT 50465 b purposes:

Proceeds of Working Cash Notes may be used to pay day to day operating expenses of the Authority or the Service Boards, consisting of wages, salaries and fringe benefits, professional and technical services (including legal, audit, engineering and other consulting services), office rental, furniture, fixtures and equipment, insurance premiums, claims for self-insured amounts SB2899 EngrossedEnrolled - 382 - LRB094 15274 NHT 50465 b under insurance policies, public utility obligations for telephone, light, heat and similar items, travel expenses, office supplies, postage, dues, subscriptions, public hearings and information expenses, fuel purchases, and payments of grants and payments under purchase of service agreements for operations of transportation agencies, prior to the receipt by the Authority or a Service Board from time to time of funds for paying such expenses.

The Authority may also issue and deliver its bonds or SB2899 EngrossedEnrolled - 383 - LRB094 15274 NHT 50465 b notes in exchange for any public transportation facilities, (including funds and rights relating thereto, as provided in Section 2.05 of this Act) or in exchange for outstanding bonds or notes of the Authority, including any accrued interest or redemption premium thereon, without advertising or submitting such notes or bonds for public bidding.

The Authority may provide for the registration of bonds or notes in the name of the owner as to the principal alone or as to both SB2899 EngrossedEnrolled - 384 - LRB094 15274 NHT 50465 b principal and interest, upon such terms and conditions as the Authority may determine.

In case any officer whose signature appears on any bonds, notes or coupons authorized pursuant to this Section SB2899 EngrossedEnrolled - 385 - LRB094 15274 NHT 50465 b shall cease to be such officer before delivery of such bonds or notes, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until such delivery.

The Authority may provide in the ordinance authorizing the issuance of any bonds or notes issued pursuant to this Section for the creation of, deposits in, and regulation and disposition of sinking fund or reserve accounts relating to SB2899 EngrossedEnrolled - 386 - LRB094 15274 NHT 50465 b such bonds or notes.

Upon receipt of SB2899 EngrossedEnrolled - 387 - LRB094 15274 NHT 50465 b notice of any such assignment, the Department of Revenue and the Comptroller of the State of Illinois shall thereafter, notwithstanding the provisions of Section 4.03 of this Act and Section 6z-17 of "An Act in relation to State finance", approved June 10, 1919, as amended, provide for such assigned amounts to be paid directly to the trustee instead of the Authority, all in accordance with the terms of the ordinance making the assignment.

(f) The State of Illinois pledges to and agrees with the holders of the bonds and notes of the Authority issued pursuant to this Section that the State will not limit or alter the rights and powers vested in the Authority by this Act so as to impair the terms of any contract made by the Authority with such holders or in any way impair the rights and remedies of such holders until such bonds and notes, together with interest SB2899 EngrossedEnrolled - 388 - LRB094 15274 NHT 50465 b thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceedings by or on behalf of such holders, are fully met and discharged.

SB2899 EngrossedEnrolled - 389 - LRB094 15274 NHT 50465 b $100,000,000 is authorized to be issued on or after January 1, 1990;

SB2899 EngrossedEnrolled - 390 - LRB094 15274 NHT 50465 b an additional $260,000,000 is authorized to be issued on or after January 1, 2003;

2-3.92) SB2899 EngrossedEnrolled - 391 - LRB094 15274 NHT 50465 b Sec.

"Recovered paper material" means paper waste generated after the completion of the papermaking process, such as SB2899 EngrossedEnrolled - 392 - LRB094 15274 NHT 50465 b postconsumer materials, envelope cuttings, bindery trimmings, printing waste, cutting and other converting waste, butt rolls, and mill wrappers, obsolete inventories, and rejected unused stock.

(3) Beginning July 1, 1999, at least 40% of the total dollar value of paper and paper products purchased by school boards, public schools and attendance centers, and their school supply stores shall be recycled paper and SB2899 EngrossedEnrolled - 393 - LRB094 15274 NHT 50465 b paper products;

SB2899 EngrossedEnrolled - 394 - LRB094 15274 NHT 50465 b (ii) Recycled tissue products, until July 1, 1994, shall contain at least 25% postconsumer material;

(i) paper, paperboard, and fibrous waste from retail stores, office buildings, homes and so forth, SB2899 EngrossedEnrolled - 395 - LRB094 15274 NHT 50465 b after the waste has passed through its end usage as a consumer item, including used corrugated boxes, old newspapers, mixed waste paper, tabulating cards, and used cordage;

(f) The State Board of Education, in coordination with the Departments of Central Management Services and Commerce and Economic Opportunity Community Affairs, may adopt such rules SB2899 EngrossedEnrolled - 396 - LRB094 15274 NHT 50465 b and regulations as it deems necessary to assist districts in carrying out the provisions of this Section.

SB2899 EngrossedEnrolled - 397 - LRB094 15274 NHT 50465 b "Recycled paperboard" includes paperboard products, folding cartons and pad backings.

(5) Beginning upon the effective date of this amendatory Act of 1992, all paper purchased by the board of education, public schools and attendance centers for SB2899 EngrossedEnrolled - 398 - LRB094 15274 NHT 50465 b publication of student newspapers shall be recycled newsprint.

and beginning July 1, 1996, shall contain at SB2899 EngrossedEnrolled - 399 - LRB094 15274 NHT 50465 b least 60% postconsumer material;

(ii) dry paper and paperboard waste generated after completion of the papermaking process (that is, those manufacturing operations up to and including the cutting and trimming of the paper machine reel into smaller rolls or rough sheets), including envelope cuttings, bindery trimmings, and other paper and paperboard waste resulting SB2899 EngrossedEnrolled - 400 - LRB094 15274 NHT 50465 b from printing, cutting, forming and other converting operations, or from bag, box and carton manufacturing, and butt rolls, mill wrappers, and rejected unused stock;

The Superintendent and the Director of the Governor’s Office of Management and Budget Bureau of the Budget shall select applicants to receive grants and shall, insofar as possible, distribute grants to elementary, secondary and unit districts of diverse size and representative SB2899 EngrossedEnrolled - 401 - LRB094 15274 NHT 50465 b of every region of the State.

SB2899 EngrossedEnrolled - 402 - LRB094 15274 NHT 50465 b (105 ILCS 415/3) (from Ch.

(c) The Advisory Board from time to time shall make SB2899 EngrossedEnrolled - 403 - LRB094 15274 NHT 50465 b recommendations concerning the conservation education program within the State of Illinois.

Vacancies shall be filled as prescribed in subsection (b) for the SB2899 EngrossedEnrolled - 404 - LRB094 15274 NHT 50465 b remainder of the unexpired term.

The Department of Commerce and Economic Opportunity Community SB2899 EngrossedEnrolled - 405 - LRB094 15274 NHT 50465 b Affairs along with the Board of Higher Education shall conduct an economic and educational feasibility study for the future development of Parks College in Cahokia, Illinois.

(3) Advise on policies and procedures regarding the SB2899 EngrossedEnrolled - 406 - LRB094 15274 NHT 50465 b management and operation of the ethanol research pilot plant.

one member shall be an appointee of the Minority Leader of the SB2899 EngrossedEnrolled - 407 - LRB094 15274 NHT 50465 b House of Representatives;

The Institute shall promote entrepreneurship as a career option, promote and support the development of innovative entrepreneurship education materials and delivery systems, promote business, industry, and SB2899 EngrossedEnrolled - 408 - LRB094 15274 NHT 50465 b education partnerships, promote collaboration and involvement in entrepreneurship education programs, encourage and support in-service and preservice teacher education programs within various educational systems, and develop and distribute relevant materials.

On July 1, 1997, all financial and other records of the Institute so abolished and SB2899 EngrossedEnrolled - 409 - LRB094 15274 NHT 50465 b all of its property, whether real or personal, including but not limited to all inventory and equipment, shall be deemed transferred by operation of law to the Illinois Institute for Entrepreneurship Education created under this Section 20-115.

Bonds to be issued and sold as College Savings Bonds shall be designated by the Governor and the Director of the Governor’s Office of Management and Budget Bureau of the Budget as "General Obligation College Savings Bonds" in the proceedings authorizing the issuance of such Bonds, and shall be subject to all of the terms and provisions of the General Obligation Bond Act, except that College Savings Bonds may bear interest payable at such time or times and may be sold at such prices and in such manner as may be determined by the Governor and the Director of the Governor’s Office of SB2899 EngrossedEnrolled - 410 - LRB094 15274 NHT 50465 b Management and Budget Bureau of the Budget and except as otherwise provided in this Act.

however in the proceedings of the Governor and the Director of the Governor’s Office of Management and Budget Bureau of the Budget authorizing the issuance of College Savings Bonds, such officials may covenant SB2899 EngrossedEnrolled - 411 - LRB094 15274 NHT 50465 b on behalf of the State with or for the benefit of the holders of such Bonds as to all matters deemed advisable by such officials, including the terms and conditions for creating and maintaining sinking funds, reserve funds and such other special funds as may be created in such proceedings, separate and apart from all other funds and accounts of the State, and such officials may make such other covenants as may be deemed necessary or desirable to assure the prompt payment of the principal of and interest on such Bonds.

Such financial incentives shall be in such forms as determined by the Governor and the Director of the Governor’s Office of Management and Budget Bureau of the Budget at the time of the authorization of such College Savings Bonds and may include, among others, supplemental payments to the holders of such Bonds at maturity to be applied to tuition costs at SB2899 EngrossedEnrolled - 412 - LRB094 15274 NHT 50465 b institutions of higher education located in the State of Illinois.

The General Assembly further finds that rising tuition costs, increasingly restrictive eligibility criteria SB2899 EngrossedEnrolled - 413 - LRB094 15274 NHT 50465 b for existing federal and State student aid programs and other trends in higher education finance have impeded access to a higher education for many middle-income families;

(d) In determining the type of instruments to be offered, the Commission shall consult with, and receive the assistance SB2899 EngrossedEnrolled - 414 - LRB094 15274 NHT 50465 b of, the Illinois Board of Higher Education, the Governor’s Office of Management and Budget Bureau of the Budget, the State Board of Investments, the Governor, and other appropriate State agencies and private parties.

The Illinois prepaid tuition program shall be administered by the Illinois Student Assistance Commission, with advice and counsel from an SB2899 EngrossedEnrolled - 415 - LRB094 15274 NHT 50465 b investment advisory panel appointed by the Commission.

revised 8-23-03.) SB2899 EngrossedEnrolled - 416 - LRB094 15274 NHT 50465 b Section 680.

and (3) it is certified by the Department of Commerce and Economic Opportunity Community Affairs as complying with SB2899 EngrossedEnrolled - 417 - LRB094 15274 NHT 50465 b the requirements specified in clauses (1) and (2) of this Section.

Upon certification of the business enterprises by the Department of Commerce and Economic Opportunity Community Affairs, the Department of Commerce and Economic Opportunity SB2899 EngrossedEnrolled - 418 - LRB094 15274 NHT 50465 b Community Affairs shall notify the Department of Revenue of such certification.

or (B) it meets the criteria of subdivision (a)(3)(B), (a)(3)(C), or (a)(3)(D) of Section 5.5 of SB2899 EngrossedEnrolled - 419 - LRB094 15274 NHT 50465 b the Illinois Enterprise Zone Act;

The Department of Revenue shall notify the SB2899 EngrossedEnrolled - 420 - LRB094 15274 NHT 50465 b public utilities of the exemption status of business enterprises from the tax or pass-on charges of State utility taxes.

(c) In this Section, "lifeline service" means a retail SB2899 EngrossedEnrolled - 421 - LRB094 15274 NHT 50465 b local service offering described by 47 C.F.R.

The obligations imposed in this Section shall not be imposed upon a telecommunications carrier for any of its SB2899 EngrossedEnrolled - 422 - LRB094 15274 NHT 50465 b end-users subscribing to the services listed below:

No person shall begin or continue construction of a pipeline or other facility, other than the repair or replacement of an existing pipeline or facility, for use in operations as a SB2899 EngrossedEnrolled - 423 - LRB094 15274 NHT 50465 b common carrier by pipeline unless the person possesses a certificate in good standing.

SB2899 EngrossedEnrolled - 424 - LRB094 15274 NHT 50465 b (6) any evidence presented by the Department of Commerce and Economic Opportunity Community Affairs regarding the current and future economic effect of the proposed pipeline or facility including, but not limited to, property values, employment rates, and residential and business development;

(a) An electric utility which has sold or transferred generating facilities in a transaction to which subsection (k) of Section 16-111 applies is authorized to establish an Illinois clean energy community trust or foundation for the purposes of providing financial support and assistance to entities, public or private, within the State of Illinois including, but not limited to, units of State and local government, educational institutions, corporations, and charitable, educational, environmental and community organizations, for programs and projects that benefit the public by improving energy efficiency, developing renewable energy resources, supporting other energy related projects that improve the State’s environmental quality, and supporting projects and programs intended to preserve or enhance the SB2899 EngrossedEnrolled - 425 - LRB094 15274 NHT 50465 b natural habitats and wildlife areas of the State.

(2) All voting trustees and the non-voting trustee with SB2899 EngrossedEnrolled - 426 - LRB094 15274 NHT 50465 b financial expertise shall be entitled to compensation for their services as trustees, provided, however, that no member of the General Assembly and no employee of the electric utility establishing the trust or foundation serving as a voting trustee shall receive any compensation for his or her services as a trustee, and provided further that the compensation to the chairman of the trust shall not exceed $25,000 annually and the compensation to any other trustee shall not exceed $20,000 annually.

provided, however, that this amount may be reduced by up to $25,000,000 if, at the time the trust or foundation is funded, a corresponding amount is contributed by the SB2899 EngrossedEnrolled - 427 - LRB094 15274 NHT 50465 b electric utility establishing the trust or foundation to the Board of Trustees of Southern Illinois University for the purpose of funding programs or projects related to clean coal and provided further that $25,000,000 of the amount contributed to the trust or foundation shall be available to fund programs or projects related to clean coal.

Provided, SB2899 EngrossedEnrolled - 428 - LRB094 15274 NHT 50465 b however, that no part of such funds shall be used to support (i) any lobbying activity, (ii) activities related to fundraising, (iii) advertising or other marketing efforts regarding a particular utility, or (iv) solicitation of support for, or advocacy of, a particular position regarding any specific utility or a utility’s docketed proceeding.

(3) The Citizens Utility Board shall file a report with the chairman of such trust or foundation for each year in which it expends any funds received from the trust or foundation setting forth the amount of any expenditures (regardless of the source of funds for such expenditures) SB2899 EngrossedEnrolled - 429 - LRB094 15274 NHT 50465 b for:

SB2899 EngrossedEnrolled - 430 - LRB094 15274 NHT 50465 b (225 ILCS 720/1.05) (from Ch.

SB2899 EngrossedEnrolled - 431 - LRB094 15274 NHT 50465 b (3) The Dean of the University of Illinois College of Agriculture, or the Dean’s designee.

The Council’s Chair shall be the Dean of the College of Agriculture at the University where the SB2899 EngrossedEnrolled - 432 - LRB094 15274 NHT 50465 b Council is housed.

SB2899 EngrossedEnrolled - 433 - LRB094 15274 NHT 50465 b revised 12-6-03.) Section 705.

(b) Nothing in this Act shall be construed as altering or limiting the authority conferred on the Illinois Commerce Commission by the Public Utilities Act to regulate all aspects SB2899 EngrossedEnrolled - 434 - LRB094 15274 NHT 50465 b of the provision of public utility service, including but not limited to the authority to make rules and adjudicate disputes between utilities and customers related to eligibility for utility service, deposits, payment practices, discontinuance of service, and the treatment of arrearages owing for previously rendered utility service.

SB2899 EngrossedEnrolled - 435 - LRB094 15274 NHT 50465 b (8) one member agreed upon by the Illinois Industrial Energy Consumers;

(4) to advise the Department on the proper level of SB2899 EngrossedEnrolled - 436 - LRB094 15274 NHT 50465 b support required for effective administration of the Act;

(2) The Department of Natural Resources shall by September 30, 2002, in consultation with the Policy Advisory Council, determine the kinds of numerical and other information needed to conduct the evaluations required by this Section, and shall advise the Policy Advisory Council of such information needs in a timely SB2899 EngrossedEnrolled - 437 - LRB094 15274 NHT 50465 b manner.

SB2899 EngrossedEnrolled - 438 - LRB094 15274 NHT 50465 b (e) The Illinois Commerce Commission shall require each public utility providing heating or electric service to compile and submit any numerical and other information needed by the Department of Natural Resources to meet its reporting obligations.

The delivering public SB2899 EngrossedEnrolled - 439 - LRB094 15274 NHT 50465 b utility, municipal electric or gas utility, or electric or gas cooperative for a self-assessing purchaser remains subject to the collection of the fee imposed by this Section.

(3) "non-residential electric service" means electric SB2899 EngrossedEnrolled - 440 - LRB094 15274 NHT 50465 b utility service which is not residential electric service;

On or before December 31, 2002, the Department shall prepare a report for the General Assembly on the expenditure of funds appropriated from the Low-Income Energy Assistance Block SB2899 EngrossedEnrolled - 441 - LRB094 15274 NHT 50465 b Grant Fund for the program authorized under Section 4 of this Act.

The Department of Human Services, the Illinois SB2899 EngrossedEnrolled - 442 - LRB094 15274 NHT 50465 b Community College Board and the Department of Commerce and Economic Opportunity Community Affairs may develop as a demonstration program a Family Resource Development Center for the benefit and use of an initial 20 low-income families.

the unpaid balance of any obligation secured by SB2899 EngrossedEnrolled - 443 - LRB094 15274 NHT 50465 b mortgage remaining upon the premises or created in connection with the acquisition;

revised 12-6-03.) SB2899 EngrossedEnrolled - 444 - LRB094 15274 NHT 50465 b Section 720.

(1) in the case of an authority which is created hereunder for a city, village, or incorporated town, the area within the territorial boundaries of said city, village, or incorporated town, and so long as no county housing authority has jurisdiction therein, the area within three miles from such territorial boundaries, SB2899 EngrossedEnrolled - 445 - LRB094 15274 NHT 50465 b except any part of such area located within the territorial boundaries of any other city, village, or incorporated town;

(f) "Department" shall mean the Department of Commerce and SB2899 EngrossedEnrolled - 446 - LRB094 15274 NHT 50465 b Economic Opportunity Community Affairs.

"Project" shall also include (1) acquisition of (i) a slum or blighted area or a deteriorated or deteriorating area which is predominantly residential in character, or (ii) any other deteriorated or deteriorating area which is to be developed or redeveloped for predominantly residential uses, or (iii) platted urban or suburban land which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or otherwise substantially impairs or arrests the sound growth of the community and which is to be developed for predominantly residential uses, or (iv) open unplatted urban or suburban land necessary for sound community growth which is to be developed for predominantly residential uses, or (v) any other area where parcels of land remain undeveloped because of improper platting, delinquent taxes or special assessments, scattered or uncertain ownerships, clouds on title, artificial values due to excessive utility costs, or any other impediments to the use of such area for predominantly SB2899 EngrossedEnrolled - 447 - LRB094 15274 NHT 50465 b residential uses;

(k) The phrase "individual, association, corporation or organization" shall include any individual, private corporation, insurance company, housing corporation, neighborhood redevelopment corporation, non-profit corporation, incorporated or unincorporated group or association, educational institution, hospital, or charitable SB2899 EngrossedEnrolled - 448 - LRB094 15274 NHT 50465 b organization, and any mutual ownership or cooperative organization.

(p) "Loan agreement" means any agreement pursuant to which an Authority agrees to loan the proceeds of its revenue bonds issued with respect to a multifamily rental housing project or other funds of the Authority to any person upon terms providing for loan repayment installments at least sufficient to pay when SB2899 EngrossedEnrolled - 449 - LRB094 15274 NHT 50465 b due all principal of, premium, if any, and interest on the revenue bonds of the Authority issued with respect to the multifamily rental housing project, and providing for maintenance, insurance, and other matters as may be deemed desirable by the Authority.

The foregoing provisions of this section in respect to maximum allocable grants to housing authorities and land SB2899 EngrossedEnrolled - 450 - LRB094 15274 NHT 50465 b clearance commissions from funds appropriated by the 66th or any succeeding General Assembly, and applications therefor, shall be subject to the provisions of Section 3a of this Act.

No application shall be approved unless the Department of Commerce and Economic Opportunity Community Affairs is satisfied that the amount approved will be properly employed by the applicant in SB2899 EngrossedEnrolled - 451 - LRB094 15274 NHT 50465 b carrying out the plan accompanying the application.

If a Housing Authority is established for any such municipality or county, the Land Clearance Commission shall thereafter exercise only those powers designated in the "Blighted Areas Redevelopment Act of 1947," approved July 2, 1947, as amended, SB2899 EngrossedEnrolled - 452 - LRB094 15274 NHT 50465 b and, in respect to pending, uncompleted or existing projects undertaken as a Housing Authority, the Land Clearance Commission, subject to the approval of the Department of Commerce and Economic Opportunity Community Affairs, may either complete or continue such project, or transfer full and complete power thereover to the Housing Authority.

SB2899 EngrossedEnrolled - 453 - LRB094 15274 NHT 50465 b In addition to the foregoing, and for the purpose of facilitating the development and construction of housing, housing authorities may, with the approval of the Department of Commerce and Economic Opportunity Community Affairs, enter into contracts and agreements for the sale or lease of real property acquired by the Authority through the use of the grant hereunder, and may sell or lease such property to (1) housing corporations operating under "An Act in relation to housing," approved July 12, 1933, as amended;

provided that the requirement of the bond may be waived by the Department of Commerce and Economic Opportunity Community Affairs if it is satisfied of the financial ability of the purchaser or lessee to complete such development or redevelopment in accordance with the SB2899 EngrossedEnrolled - 454 - LRB094 15274 NHT 50465 b presented plan.

If the area of operation of a housing authority includes a city, village or incorporated town having a population in excess of 500,000, as determined by the last preceding Federal Census, no real property or interest in real property shall be acquired in such municipality by the housing authority until such time as the housing authority has advised the governing body of such municipality of the description of the real SB2899 EngrossedEnrolled - 455 - LRB094 15274 NHT 50465 b property, or interest therein, proposed to be acquired, and the governing body of the municipality has approved the acquisition thereof by the housing authority.

Any officer or member of any such housing authority or land clearance commission who refuses to comply with the demand of the Department of Commerce and Economic Opportunity Community Affairs for the transfer of State funds as herein provided SB2899 EngrossedEnrolled - 456 - LRB094 15274 NHT 50465 b shall be guilty of a Class A misdemeanor.

93) SB2899 EngrossedEnrolled - 457 - LRB094 15274 NHT 50465 b Sec.

The Illinois Affordable Housing Act is amended SB2899 EngrossedEnrolled - 458 - LRB094 15274 NHT 50465 b by changing Sections 6 and 16 as follows:

(c) Members of the Commission shall not be entitled to SB2899 EngrossedEnrolled - 459 - LRB094 15274 NHT 50465 b compensation, but shall receive reimbursement for actual and reasonable expenses incurred in the performance of their duties.

and (9) making recommendations to the General Assembly for further legislation that may be necessary in the area of SB2899 EngrossedEnrolled - 460 - LRB094 15274 NHT 50465 b affordable housing.

(d) "Authority" or "housing authority" shall mean a housing authority organized in accordance with the provisions of the SB2899 EngrossedEnrolled - 461 - LRB094 15274 NHT 50465 b Housing Authorities Act.

(j) "Slum and Blighted Area" means any area of not less in the aggregate than 2 acres located within the territorial limits of a municipality where buildings or improvements, by reason of dilapidation, obsolescence, overcrowding, faulty SB2899 EngrossedEnrolled - 462 - LRB094 15274 NHT 50465 b arrangement or design, lack of ventilation, light and sanitary facilities, excessive land coverage, deleterious land use or layout or any combination of these factors, are detrimental to the public safety, health, morals or welfare.

(l) "Blighted Vacant Area Redevelopment Project" means a project involving (1) predominantly open platted urban or suburban land which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements, or taxes or special assessment delinquencies exceeding the fair value of the land, substantially impairs or arrests the sound growth of the community and which is to be developed for residential or other use, provided that such a SB2899 EngrossedEnrolled - 463 - LRB094 15274 NHT 50465 b project shall not be developed for other than residential use unless the area, at the time the Commission adopts the resolution approving the plan for the development of the area, is zoned for other than residential use and unless the Commission determines that residential development thereof is not feasible, and such determination is approved by the presiding officer and the governing body of the municipality in which the area is situated and by the Department, or (2) open unplatted urban or suburban land to be developed for predominantly residential uses, or (3) a combination of projects defined in (1) and (2) of this subsection (l).

SB2899 EngrossedEnrolled - 464 - LRB094 15274 NHT 50465 b (Source:

Excepting any municipality for and in which there exists a Department of Urban Renewal created pursuant to the provisions of the "Urban Renewal Consolidation Act of 1961", enacted by the Seventy-Second General Assembly, any municipality, after 30 days’ notice, published in a newspaper SB2899 EngrossedEnrolled - 465 - LRB094 15274 NHT 50465 b of general circulation within the municipality, and public hearing, shall have the power to provide for the creation of a Conservation Board, to operate within the boundaries of such municipality, pursuant to the provisions of this Act.

Members of the Board other than the Commissioner shall serve without pay, except as herein otherwise specifically provided and no member of the Board shall acquire any interest, direct or indirect, in any conservation project, or in any property included or planned to be included in any conservation project, nor shall SB2899 EngrossedEnrolled - 466 - LRB094 15274 NHT 50465 b any member have any interest in any contract or proposed contract in connection with any such project.

SB2899 EngrossedEnrolled - 467 - LRB094 15274 NHT 50465 b (e) Report annually to the presiding officer of the municipality;

He shall administer the functions assigned by the Department, preside over its meetings and carry out whatever other functions may be assigned to him by the Department and by SB2899 EngrossedEnrolled - 468 - LRB094 15274 NHT 50465 b the governing body.

Such removal may be set aside by SB2899 EngrossedEnrolled - 469 - LRB094 15274 NHT 50465 b a two-thirds vote of the governing body.

revised 12-6-03.) SB2899 EngrossedEnrolled - 470 - LRB094 15274 NHT 50465 b (315 ILCS 30/17) (from Ch.

Any real property sold and conveyed to a Housing Authority pursuant to the provisions of this Section shall be sold at its use value (which may be less than its acquisition cost), which represents the value at which the Department determines such land should be made available in order that it may be developed SB2899 EngrossedEnrolled - 471 - LRB094 15274 NHT 50465 b or redeveloped for the purposes specified in the approved plan.

Copies of such report and audit shall be furnished the presiding officer of the municipality, the department, the SB2899 EngrossedEnrolled - 472 - LRB094 15274 NHT 50465 b governing body of the municipality, the Department of Commerce and Economic Opportunity Community Affairs and such land clearance commission.

When all of the cash, real property, securities, contracts, assets, records and functions of a land clearance commission have been so conveyed, transferred, assigned, delivered and paid over to the municipality and provisions have been made for the refunding or payment of outstanding bonds of such land SB2899 EngrossedEnrolled - 473 - LRB094 15274 NHT 50465 b clearance commission, and when such land clearance commission has completed all projects which the Department, as aforesaid, may have determined should be completed by such land clearance commission, it shall so notify the Department of Commerce and Economic Opportunity Community Affairs.

SB2899 EngrossedEnrolled - 474 - LRB094 15274 NHT 50465 b (2) Health care providers.

SB2899 EngrossedEnrolled - 475 - LRB094 15274 NHT 50465 b (Source:

SB2899 EngrossedEnrolled - 476 - LRB094 15274 NHT 50465 b (5) Is homeless;

SB2899 EngrossedEnrolled - 477 - LRB094 15274 NHT 50465 b (6) One member appointed by the Director of Employment Security or his or her designee.

The Department of Commerce and Community Affairs SB2899 EngrossedEnrolled - 478 - LRB094 15274 NHT 50465 b (now Department of Commerce and Economic Opportunity) shall conduct studies of the effects of all State and federal sulfur dioxide regulations and emission standards on the use of Illinois coal and other fuels, and shall report the results of such studies to the Governor and the General Assembly.

(d) The Agency and the Department of Commerce and Economic Opportunity Community Affairs shall investigate the manner in SB2899 EngrossedEnrolled - 479 - LRB094 15274 NHT 50465 b which liquid used oil is currently being utilized and potential prospects for future use.

Monies in the Fund may be used, subject to SB2899 EngrossedEnrolled - 480 - LRB094 15274 NHT 50465 b appropriation:

The incinerator operator shall establish contractual requirements or other notification and inspection procedures sufficient to assure compliance with this subsection (b)(3) which may include, but not be limited to, routine inspections of waste, lists of acceptable and unacceptable waste provided to haulers and notification to SB2899 EngrossedEnrolled - 481 - LRB094 15274 NHT 50465 b the Agency when the facility operator rejects and sends loads away.

Such collection centers shall not (i) be regulated as hazardous waste facilities under RCRA nor (ii) be subject to local siting approval under Section 39.2 if the local governing authority agrees to waive local siting SB2899 EngrossedEnrolled - 482 - LRB094 15274 NHT 50465 b approval procedures.

Such used batteries shall be disposed of SB2899 EngrossedEnrolled - 483 - LRB094 15274 NHT 50465 b as provided in subsection (c).

may make special provision for alert and abatement standards and procedures respecting occurrences or emergencies of pollution SB2899 EngrossedEnrolled - 484 - LRB094 15274 NHT 50465 b or on other short-term conditions constituting an acute danger to health or to the environment;

At a minimum, SB2899 EngrossedEnrolled - 485 - LRB094 15274 NHT 50465 b the economic impact study shall address (A) economic, environmental, and public health benefits that may be achieved through compliance with the proposed rules, (B) the effects of the proposed rules on employment levels, commercial productivity, the economic growth of small businesses with 100 or less employees, and the State’s overall economy, and (C) the cost per unit of pollution reduced and the variability in cost based on the size of the facility and the percentage of company revenues expected to be used to implement the proposed rules;

When the Board finds that a situation exists which reasonably constitutes a threat to the public interest, safety or welfare, the Board may adopt regulations pursuant to and in accordance with Section 5-45 of the Illinois Administrative SB2899 EngrossedEnrolled - 486 - LRB094 15274 NHT 50465 b Procedure Act.

(4) Cause or allow the operation of a tire storage site SB2899 EngrossedEnrolled - 487 - LRB094 15274 NHT 50465 b except in compliance with Board regulations.

SB2899 EngrossedEnrolled - 488 - LRB094 15274 NHT 50465 b Sanitary landfills and facilities for reuse, reprocessing, or converting, including use as alternative fuel, shall (i) notify the Illinois Industrial Materials Exchange Service of the availability of and demand for used or waste tires and (ii) consult with the Department of Commerce and Economic Opportunity Community Affairs regarding the status of marketing of waste tires to facilities for reuse.

or (2) a tire disposal site, unless the owner or operator SB2899 EngrossedEnrolled - 489 - LRB094 15274 NHT 50465 b (i) has received approval from the Agency after filing a tire removal agreement pursuant to Section 55.4, or (ii) has entered into a written agreement to participate in a consensual removal action under Section 55.3.

(b) Upon making a finding that an accumulation of used or waste tires creates a hazard posing a threat to public health SB2899 EngrossedEnrolled - 490 - LRB094 15274 NHT 50465 b or the environment, the Agency may undertake preventive or corrective action in accordance with this subsection.

(iii) that the owner will hold harmless the Agency or any employee or contractor utilized by the Agency to effect the removal, for any damage to property incurred during the course of action under this subsection, SB2899 EngrossedEnrolled - 491 - LRB094 15274 NHT 50465 b except for gross negligence or intentional misconduct;

(e) In accordance with constitutional limitations, the Agency shall have authority to enter at all reasonable times upon any private or public property for the purpose of taking SB2899 EngrossedEnrolled - 492 - LRB094 15274 NHT 50465 b whatever preventive or corrective action is necessary and appropriate in accordance with the provisions of this Section, including but not limited to removal, processing or treatment of used or waste tires, whenever the Agency finds that used or waste tires pose a threat to public health or the environment.

(h) Any person liable to the Agency for costs incurred under subsection (g) of this Section may be liable to the State of Illinois for punitive damages in an amount at least equal to, and not more than 2 times, the costs incurred by the State if such person failed without sufficient cause to take SB2899 EngrossedEnrolled - 493 - LRB094 15274 NHT 50465 b preventive or corrective action pursuant to notice issued under subsection (d) of this Section.

(j) Nothing in this Section shall affect or modify the SB2899 EngrossedEnrolled - 494 - LRB094 15274 NHT 50465 b obligations or liability of any person under any other provision of this Act, federal law, or State law, including the common law, for injuries, damages or losses resulting from the circumstances leading to Agency action under this Section.

Evaluation criteria may be established by rule, SB2899 EngrossedEnrolled - 495 - LRB094 15274 NHT 50465 b considering such factors as:

(1) information identifying the Remediation Applicant and the site for which the tax credit is being sought and SB2899 EngrossedEnrolled - 496 - LRB094 15274 NHT 50465 b the date of acceptance of the site into the Site Remediation Program;

(c) Within 60 days after receipt by the Agency of an application meeting the requirements of subsection (b), the Agency shall issue a letter to the applicant approving, disapproving, or modifying the remediation costs submitted in SB2899 EngrossedEnrolled - 497 - LRB094 15274 NHT 50465 b the application.

The budget plan shall be set forth on forms prescribed and provided by the Agency and shall include but shall not be limited to line item estimates of the costs associated with each line item (such as personnel, equipment, and materials) that the Remediation Applicant SB2899 EngrossedEnrolled - 498 - LRB094 15274 NHT 50465 b anticipates will be incurred for the development and implementation of the Remedial Action Plan.

(3) In the case of a Remediation Applicant submitting SB2899 EngrossedEnrolled - 499 - LRB094 15274 NHT 50465 b for review total remediation costs of $100,000 or less for a site located within an enterprise zone (as set forth in paragraph (i) of subsection (l) of Section 201 of the Illinois Income Tax Act), the fee for an application for review of remediation costs shall be $250 for each site reviewed.

All principal, interest, and penalty payments from loans SB2899 EngrossedEnrolled - 500 - LRB094 15274 NHT 50465 b made under this subsection (A) shall be deposited into the Brownfields Redevelopment Fund and reused in accordance with this Section.