093_SB0823ham001
LRB093 02846 DRH 16737 a
1 AMENDMENT TO SENATE BILL 823
2 AMENDMENT NO. . Amend Senate Bill 823 by replacing
3 everything after the enacting clause with the following:
4 "Section 1. Short title. This Act may be cited as the
5 Asthma Control Council Act.
6 Section 5. Asthma Control Council.
7 (a) There is established an Asthma Control Council. It
8 shall consist of the Lieutenant Governor, who shall act as
9 Chair, the Director of Public Health, the Director of Human
10 Services, the Director of Public Aid, the State
11 Superintendent of Education, or their designees, and 7 people
12 appointed by the Lieutenant Governor. The members of the
13 Council shall serve without pay but may be reimbursed
14 necessary travel expenses.
15 (b) The Council shall organize itself and elect from
16 among its members other officers deemed necessary.
17 (c) The Council shall adopt, by a majority of the
18 members, written recommendations for the control of and
19 minimization of asthma in Illinois within one year after the
20 effective date of this Act and submit its recommendations to
21 the Governor and the General Assembly.
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1 Section 10. The Illinois Investment and Development
2 Authority Act is amended by changing Section 15 as follows:
3 (20 ILCS 3820/15)
4 Sec. 15. Creation of Illinois Investment and Development
5 Authority; members.
6 (a) There is created a political subdivision, body
7 politic and corporate, to be known as the Illinois Investment
8 and Development Authority. The exercise by the Authority of
9 the powers conferred by law shall be an essential public
10 function. The governing powers of the Authority shall be
11 vested in a body consisting of 11 members, including, as ex
12 officio members, the Lieutenant Governor, who shall act as
13 chair, the Commissioner of Banks and Real Estate and the
14 Director of Commerce and Community Affairs or their
15 designees. The other 8 9 members of the Authority shall be
16 appointed by the Governor, with the advice and consent of the
17 Senate, and shall be designated "public members". The public
18 members shall include representatives from banks and other
19 private financial services industries, community development
20 finance experts, small business development experts, and
21 other community leaders. Not more than 6 members of the
22 Authority may be of the same political party. The
23 Chairperson of the Authority shall be designated by the
24 Governor from among its public members.
25 (b) Six members of the Authority shall constitute a
26 quorum. However, when a quorum of members of the Authority is
27 physically present at the meeting site, other Authority
28 members may participate in and act at any meeting through the
29 use of a conference telephone or other communications
30 equipment by means of which all persons participating in the
31 meeting can hear each other. Participation in such meeting
32 shall constitute attendance and presence in person at the
33 meeting of the person or persons so participating. All
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1 official acts of the Authority shall require the approval of
2 at least 5 members.
3 (c) Of the members initially appointed by the Governor
4 pursuant to this Act, 3 shall serve until the third Monday in
5 January, 2004, 3 shall serve until the third Monday in
6 January, 2005, and 3 shall serve until the third Monday in
7 January, 2006 and all shall serve until their successors are
8 appointed and qualified. Of the 3 members initially appointed
9 to serve until the third Monday in January, 2004, successors
10 shall be appointed for only 2 of the members and the other
11 member shall not be replaced after his or her term expires.
12 All successors shall hold office for a term of 3 years
13 commencing on the third Monday in January of the year in
14 which their term commences, except in case of an appointment
15 to fill a vacancy. Each member appointed under this Section
16 who is confirmed by the Senate shall hold office during the
17 specified term and until his or her successor is appointed
18 and qualified. In case of vacancy in the office when the
19 Senate is not in session, the Governor may make a temporary
20 appointment until the next meeting of the Senate, when the
21 Governor shall nominate such person to fill the office, and
22 any person so nominated who is confirmed by the Senate, shall
23 hold his or her office during the remainder of the term and
24 until his or her successor is appointed and qualified.
25 (d) Members of the Authority shall not be entitled to
26 compensation for their services as members, but shall be
27 entitled to reimbursement for all necessary expenses incurred
28 in connection with the performance of their duties as
29 members.
30 (e) The Governor may remove any public member of the
31 Authority in case of incompetency, neglect of duty, or
32 malfeasance in office, after service on the member of a copy
33 of the written charges against him or her and an opportunity
34 to be publicly heard in person or by counsel in his or her
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1 own defense upon not less than 10 days notice.
2 (Source: P.A. 92-864, eff. 6-1-03.)
3 Section 15. The Public Utilities Act is amended by
4 changing Section 16-111.1 as follows:
5 (220 ILCS 5/16-111.1)
6 Sec. 16-111.1. Illinois Clean Energy Community Trust.
7 (a) An electric utility which has sold or transferred
8 generating facilities in a transaction to which subsection
9 (k) of Section 16-111 applies is authorized to establish an
10 Illinois clean energy community trust or foundation for the
11 purposes of providing financial support and assistance to
12 entities, public or private, within the State of Illinois
13 including, but not limited to, units of State and local
14 government, educational institutions, corporations, and
15 charitable, educational, environmental and community
16 organizations, for programs and projects that benefit the
17 public by improving energy efficiency, developing renewable
18 energy resources, supporting other energy related projects
19 that improve the State's environmental quality, and
20 supporting projects and programs intended to preserve or
21 enhance the natural habitats and wildlife areas of the State.
22 Provided, however, that the trust or foundation funds shall
23 not be used for the remediation of environmentally impaired
24 property. The trust or foundation may also assist in
25 identifying other energy and environmental grant
26 opportunities.
27 (b) Such trust or foundation shall be governed by a
28 declaration of trust or articles of incorporation and bylaws
29 which shall, at a minimum, provide that:
30 (1) The Lieutenant Governor shall be chairman of
31 the Trust. There shall be 7 6 voting trustees of the
32 trust or foundation, one of whom shall be the Lieutenant
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1 Governor, one of whom shall be appointed by the Governor,
2 one of whom shall be appointed by the President of the
3 Illinois Senate, one of whom shall be appointed by the
4 Minority Leader of the Illinois Senate, one of whom shall
5 be appointed by the Speaker of the Illinois House of
6 Representatives, one of whom shall be appointed by the
7 Minority Leader of the Illinois House of Representatives,
8 and one of whom shall be appointed by the electric
9 utility establishing the trust or foundation, provided
10 that the voting trustee appointed by the utility shall be
11 a representative of a recognized environmental action
12 group selected by the utility. The Governor shall
13 designate one of the 6 voting trustees to serve as
14 chairman of the trust or foundation, who shall serve as
15 chairman of the trust or foundation at the pleasure of
16 the Governor. In addition, there shall be 4 non-voting
17 trustees, one of whom shall be appointed by the Director
18 of the Department of Commerce and Community Affairs, one
19 of whom shall be appointed by the Director of the
20 Illinois Environmental Protection Agency, one of whom
21 shall be appointed by the Director of the Department of
22 Natural Resources, and one of whom shall be appointed by
23 the electric utility establishing the trust or
24 foundation, provided that the non-voting trustee
25 appointed by the utility shall bring financial expertise
26 to the trust or foundation and shall have appropriate
27 credentials therefor.
28 (2) All voting trustees and the non-voting trustee
29 with financial expertise shall be entitled to
30 compensation for their services as trustees, provided,
31 however, that no member of the General Assembly and no
32 employee of the electric utility establishing the trust
33 or foundation serving as a voting trustee shall receive
34 any compensation for his or her services as a trustee,
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1 and provided further that the compensation to the
2 chairman of the trust shall not exceed $25,000 annually
3 and the compensation to any other trustee shall not
4 exceed $20,000 annually. All trustees shall be entitled
5 to reimbursement for reasonable expenses incurred on
6 behalf of the trust in the performance of their duties as
7 trustees. All such compensation and reimbursements shall
8 be paid out of the trust.
9 (3) Trustees shall be appointed within 30 days
10 after the creation of the trust or foundation and shall
11 serve for a term of 5 years commencing upon the date of
12 their respective appointments, until their respective
13 successors are appointed and qualified.
14 (4) A vacancy in the office of trustee shall be
15 filled by the person holding the office responsible for
16 appointing the trustee whose death or resignation creates
17 the vacancy, and a trustee appointed to fill a vacancy
18 shall serve the remainder of the term of the trustee
19 whose resignation or death created the vacancy.
20 (5) The trust or foundation shall have an
21 indefinite term, and shall terminate at such time as no
22 trust assets remain.
23 (6) The trust or foundation shall be funded in the
24 minimum amount of $250,000,000, with the allocation and
25 disbursement of funds for the various purposes for which
26 the trust or foundation is established to be determined
27 by the trustees in accordance with the declaration of
28 trust or the articles of incorporation and bylaws;
29 provided, however, that this amount may be reduced by up
30 to $25,000,000 if, at the time the trust or foundation is
31 funded, a corresponding amount is contributed by the
32 electric utility establishing the trust or foundation to
33 the Board of Trustees of Southern Illinois University for
34 the purpose of funding programs or projects related to
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1 clean coal and provided further that $25,000,000 of the
2 amount contributed to the trust or foundation shall be
3 available to fund programs or projects related to clean
4 coal.
5 (7) The trust or foundation shall be authorized to
6 employ an executive director and other employees, to
7 enter into leases, contracts and other obligations on
8 behalf of the trust or foundation, and to incur expenses
9 that the trustees deem necessary or appropriate for the
10 fulfillment of the purposes for which the trust or
11 foundation is established, provided, however, that
12 salaries and administrative expenses incurred on behalf
13 of the trust or foundation shall not exceed $500,000 in
14 the first fiscal year after the trust or foundation is
15 established and shall not exceed $1,000,000 in each
16 subsequent fiscal year.
17 (8) The trustees may create and appoint advisory
18 boards or committees to assist them with the
19 administration of the trust or foundation, and to advise
20 and make recommendations to them regarding the
21 contribution and disbursement of the trust or foundation
22 funds.
23 (c)(1) In addition to the allocation and disbursement of
24 funds for the purposes set forth in subsection (a) of
25 this Section, the trustees of the trust or foundation
26 shall annually contribute funds in amounts set forth in
27 subparagraph (2) of this subsection to the Citizens
28 Utility Board created by the Citizens Utility Board Act;
29 provided, however, that any such funds shall be used
30 solely for the representation of the interests of utility
31 consumers before the Illinois Commerce Commission, the
32 Federal Energy Regulatory Commission, and the Federal
33 Communications Commission and for the provision of
34 consumer education on utility service and prices and on
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1 benefits and methods of energy conservation. Provided,
2 however, that no part of such funds shall be used to
3 support (i) any lobbying activity, (ii) activities
4 related to fundraising, (iii) advertising or other
5 marketing efforts regarding a particular utility, or (iv)
6 solicitation of support for, or advocacy of, a particular
7 position regarding any specific utility or a utility's
8 docketed proceeding.
9 (2) In the calendar year in which the trust or
10 foundation is first funded, the trustees shall contribute
11 $1,000,000 to the Citizens Utility Board within 60 days
12 after such trust or foundation is established; provided,
13 however, that such contribution shall be made after
14 December 31, 1999. In each of the 6 calendar years
15 subsequent to the first contribution, if the trust or
16 foundation is in existence, the trustees shall contribute
17 to the Citizens Utility Board an amount equal to the
18 total expenditures by such organization in the prior
19 calendar year, as set forth in the report filed by the
20 Citizens Utility Board with the chairman of such trust or
21 foundation as required by subparagraph (3) of this
22 subsection. Such subsequent contributions shall be made
23 within 30 days of submission by the Citizens Utility
24 Board of such report to the Chairman of the trust or
25 foundation, but in no event shall any annual contribution
26 by the trustees to the Citizens Utility Board exceed
27 $1,000,000. Following such 7-year period, an Illinois
28 statutory consumer protection agency may petition the
29 trust or foundation for contributions to fund
30 expenditures of the type identified in paragraph (1), but
31 in no event shall annual contributions by the trust or
32 foundation for such expenditures exceed $1,000,000.
33 (3) The Citizens Utility Board shall file a report
34 with the chairman of such trust or foundation for each
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1 year in which it expends any funds received from the
2 trust or foundation setting forth the amount of any
3 expenditures (regardless of the source of funds for such
4 expenditures) for: (i) the representation of the
5 interests of utility consumers before the Illinois
6 Commerce Commission, the Federal Energy Regulatory
7 Commission, and the Federal Communications Commission,
8 and (ii) the provision of consumer education on utility
9 service and prices and on benefits and methods of energy
10 conservation. Such report shall separately state the
11 total amount of expenditures for the purposes or
12 activities identified by items (i) and (ii) of this
13 paragraph, the name and address of the external recipient
14 of any such expenditure, if applicable, and the specific
15 purposes or activities (including internal purposes or
16 activities) for which each expenditure was made. Any
17 report required by this subsection shall be filed with
18 the chairman of such trust or foundation no later than
19 March 31 of the year immediately following the year for
20 which the report is required.
21 (Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)
22 Section 20. The Illinois Community Development Finance
23 Corporation Act is amended by changing Section 2 as follows:
24 (315 ILCS 15/2) (from Ch. 67 1/2, par. 712)
25 Sec. 2. There is hereby created a body politic and
26 corporate to be known as the Illinois Community Development
27 Finance Corporation or CDFC.
28 The Corporation shall consist of 9 directors, one of whom
29 shall be the Lieutenant Governor Director of Commerce and
30 Community Affairs or his or her designee who shall serve as
31 chairman. The Governor shall appoint the remaining 8 members
32 and these appointees must possess experience in business,
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1 labor, management, finance, or community economic
2 development. Membership in a CDC will not preclude
3 appointment as a Director, but neither shall such membership
4 be a prerequisite for appointment. Each member appointed by
5 the Governor shall serve a term of 5 years, except that in
6 making his initial appointments the Governor shall appoint
7 one member to serve for a term of one year, one member to
8 serve for a term of 2 years, one member for a term of 3
9 years, 2 members for a term of 4 years, and one member for a
10 term of 5 years. The additional member appointed by the
11 Governor pursuant to this amendatory Act of the 91st General
12 Assembly shall serve for an initial term of 2 years;
13 thereafter, each such member shall serve for a term of 5
14 years as in the case of the other members.
15 Any person appointed to fill a vacancy in the office of a
16 member shall be appointed in a like manner and shall serve
17 for only the unexpired term. Any member shall be eligible for
18 reappointment. Any member may be removed from his
19 appointment by the Governor only for good cause. The
20 directors shall annually elect one of their members as
21 vice-chairman and designate a secretary-treasurer who need
22 not be a member of the board. The secretary-treasurer shall
23 keep a record of the proceedings of the corporation and shall
24 be the custodian of all books, documents, and papers filed
25 with the corporation, the minute books of the corporation and
26 of its official seal.
27 Five of the directors of the corporation shall constitute
28 a quorum and 5 affirmative votes shall be necessary for the
29 transaction of business or the exercise of any power or
30 function of the corporation. Each director shall be entitled
31 to reimbursement for his actual and necessary expenses
32 incurred in the performance of his official duties.
33 The corporation may contract with or otherwise deal with
34 any public nonprofit community development corporation or
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1 cooperative organized to carry out the purposes of this Act
2 of which any director of the corporation is also a member or
3 officer, provided that such interest is disclosed in advance
4 to members of the board and recorded in the minutes of the
5 corporation and provided further that no director having such
6 a financial interest may participate in any decision
7 affecting such transaction.
8 The president of the corporation shall be appointed and
9 his salary established by the board of directors. The
10 president shall be the chief administrative and operational
11 officer of the corporation and shall direct and supervise
12 administrative affairs and the general management of the
13 corporation. The president may employ such other employees
14 as shall be designated by the board of directors, shall
15 attend meetings of the board of directors, shall cause copies
16 to be made of all minutes and other records and documents of
17 the corporation and shall certify that such copies are true
18 copies, and all persons dealing with the corporation may rely
19 upon such certification.
20 (Source: P.A. 91-804, eff. 6-13-00.)".