Full Text of HB5185 102nd General Assembly
HB5185eng 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois | 6 | | is amended by changing Sections 605-300, 605-615, and 605-680 | 7 | | as follows:
| 8 | | (20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
| 9 | | Sec. 605-300. Economic and business development plans; | 10 | | Illinois Business Development Council. (a) Economic | 11 | | development plans. The Department shall develop a strategic | 12 | | economic development plan for the State by July 1, 2014. By no | 13 | | later than July 1, 2015, and by July 1 annually thereafter, the | 14 | | Department shall make modifications to the plan as | 15 | | modifications are warranted by changes in economic conditions | 16 | | or by other factors, including changes in policy. In addition | 17 | | to the annual modification, the plan shall be reviewed and | 18 | | redeveloped in full every 5 years. In the development of the | 19 | | annual economic development plan, the Department shall consult | 20 | | with representatives of the private sector, other State | 21 | | agencies, academic institutions, local economic development | 22 | | organizations, local governments, and not-for-profit | 23 | | organizations. The annual economic development plan shall set |
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| 1 | | specific, measurable, attainable, relevant, and time-sensitive | 2 | | goals and shall include a focus on areas of high unemployment | 3 | | or poverty. | 4 | | The term "economic development" shall be construed broadly | 5 | | by the Department and may include, but is not limited to, job | 6 | | creation, job retention, tax base enhancements, development of | 7 | | human capital, workforce productivity, critical | 8 | | infrastructure, regional competitiveness, social inclusion, | 9 | | standard of living, environmental sustainability, energy | 10 | | independence, quality of life, the effective use of financial | 11 | | incentives, the utilization of public private partnerships | 12 | | where appropriate, and other metrics determined by the | 13 | | Department. | 14 | | The plan shall be based on relevant economic data, focus | 15 | | on economic development as prescribed by this Section, and | 16 | | emphasize strategies to retain and create jobs. | 17 | | The plan shall identify and develop specific strategies | 18 | | for utilizing the assets of regions within the State defined | 19 | | as counties and municipalities or other political subdivisions | 20 | | in close geographical proximity that share common economic | 21 | | traits such as commuting zones, labor market areas, or other | 22 | | economically integrated characteristics. | 23 | | If the plan includes strategies that have a fiscal impact | 24 | | on the Department or any other agency, the plan shall include a | 25 | | detailed description of the estimated fiscal impact of such | 26 | | strategies. |
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| 1 | | Prior to publishing the plan in its final form, the | 2 | | Department shall allow for a reasonable time for public input. | 3 | | The Department shall transmit copies of the economic | 4 | | development plan to the Governor and the General Assembly no | 5 | | later than July 1, 2014, and by July 1 annually thereafter. The | 6 | | plan and its corresponding modifications shall be published | 7 | | and made available to the public in both paper and electronic | 8 | | media, on the Department's website, and by any other method | 9 | | that the Department deems appropriate. | 10 | | The Department shall annually submit legislation to | 11 | | implement the strategic economic development plan or | 12 | | modifications to the strategic economic development plan to | 13 | | the Governor, the President and Minority Leader of the Senate, | 14 | | and the Speaker and the Minority Leader of the House of | 15 | | Representatives. The legislation shall be in the form of one | 16 | | or more substantive bills drafted by the Legislative Reference | 17 | | Bureau. | 18 | | (b) Business development plans; Illinois Business | 19 | | Development Council. | 20 | | (1) There is created the Illinois Business Development | 21 | | Council, hereinafter referred to as the Council. The | 22 | | Council shall consist of the Director, who shall serve as | 23 | | co-chairperson, and 12 voting members who shall be | 24 | | appointed by the Governor with the advice and consent of | 25 | | the Senate. | 26 | | (A) The voting members of the Council shall |
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| 1 | | include one representative from each of the following | 2 | | businesses and groups: small business, coal, | 3 | | healthcare, large manufacturing, small or specialized | 4 | | manufacturing, agriculture, high technology or applied | 5 | | science, local economic development entities, private | 6 | | sector organized labor, a local or state business | 7 | | association or chamber of commerce. | 8 | | (B) There shall be 2 at-large voting members who | 9 | | reside within areas of high unemployment within | 10 | | counties or municipalities that have had an annual | 11 | | average unemployment rate of at least 120% of the | 12 | | State's annual average unemployment rate as reported | 13 | | by the Department of Employment Security for the 5 | 14 | | years preceding the date of appointment. | 15 | | (2) All appointments shall be made in a geographically | 16 | | diverse manner. | 17 | | (3) For the initial appointments to the Council, 6 | 18 | | voting members shall be appointed to serve a 2-year term | 19 | | and 6 voting members shall be appointed to serve a 4-year | 20 | | term. Thereafter, all appointments shall be for terms of 4 | 21 | | years. The initial term of voting members shall commence | 22 | | on the first Wednesday in February 2014. Thereafter, the | 23 | | terms of voting members shall commence on the first | 24 | | Wednesday in February, except in the case of an | 25 | | appointment to fill a vacancy. Vacancies occurring among | 26 | | the members shall be filled in the same manner as the |
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| 1 | | original appointment for the remainder of the unexpired | 2 | | term. For a vacancy occurring when the Senate is not in | 3 | | session, the Governor may make a temporary appointment | 4 | | until the next meeting of the Senate when a person shall be | 5 | | nominated to fill the office, and, upon confirmation by | 6 | | the Senate, he or she shall hold office during the | 7 | | remainder of the term. A vacancy in membership does not | 8 | | impair the ability of a quorum to exercise all rights and | 9 | | perform all duties of the Council. A member is eligible | 10 | | for reappointment. | 11 | | (4) Members shall serve without compensation, but may | 12 | | be reimbursed for necessary expenses incurred in the | 13 | | performance of their duties from funds appropriated for | 14 | | that purpose. | 15 | | (5) In addition, the following shall serve as ex | 16 | | officio, non-voting members of the Council in order to | 17 | | provide specialized advice and support to the Council: the | 18 | | Secretary of Transportation, or his or her designee; the | 19 | | Director of Employment Security, or his or her designee; | 20 | | the Executive Director of the Illinois Finance Authority, | 21 | | or his or her designee; the Director of Agriculture, or | 22 | | his or her designee; the Director of Revenue, or his or her | 23 | | designee; the Director of Labor, or his or her designee; | 24 | | and the Director of the Environmental Protection Agency, | 25 | | or his or her designee. Ex officio members shall provide | 26 | | staff and technical assistance to the Council when |
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| 1 | | appropriate. | 2 | | (6) In addition to the Director, the voting members | 3 | | shall elect a co-chairperson. | 4 | | (7) The Council shall meet at least twice annually and | 5 | | at such other times as the co-chairpersons or any 5 voting | 6 | | members consider necessary. Seven voting members shall | 7 | | constitute a quorum of the Council. | 8 | | (8) The Department shall provide staff assistance to | 9 | | the Council. | 10 | | (9) The Council shall provide the Department relevant | 11 | | information in a timely manner pursuant to its duties as | 12 | | enumerated in
this Section that can be used by the | 13 | | Department to enhance the State's strategic economic | 14 | | development plan. | 15 | | (10) The Council shall: | 16 | | (A) Develop an overall strategic business | 17 | | development plan for the State of Illinois and update | 18 | | the plan at least annually; that plan shall include, | 19 | | without limitation, (i) an assessment of the economic | 20 | | development practices of states that border Illinois | 21 | | and (ii) recommendations for best practices with | 22 | | respect to economic development, business incentives, | 23 | | business attraction, and business retention for | 24 | | counties in Illinois that border at least one other | 25 | | state. | 26 | | (B) Develop business marketing plans for the State |
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| 1 | | of Illinois to effectively solicit new company | 2 | | investment and existing business expansion. Insofar as | 3 | | allowed under the Illinois Procurement Code, and | 4 | | subject to appropriations made by the General Assembly | 5 | | for such purposes, the Council may assist the | 6 | | Department in the procurement of outside vendors to | 7 | | carry out such marketing plans. | 8 | | (C) Seek input from local economic development | 9 | | officials to develop specific strategies to | 10 | | effectively link State and local business development | 11 | | and marketing efforts focusing on areas of high | 12 | | unemployment or poverty. | 13 | | (D) Provide the Department with advice on | 14 | | strategic business development
and business marketing | 15 | | for the State of Illinois. | 16 | | (E) Provide the Department research and recommend | 17 | | best practices for developing investment tools for | 18 | | business attraction and retention.
| 19 | | (Source: P.A. 98-397, eff. 8-16-13; 98-756, eff. 7-16-14; | 20 | | 98-888, eff. 8-15-14.)
| 21 | | (20 ILCS 605/605-615) (was 20 ILCS 605/46.19e)
| 22 | | Sec. 605-615. Assistance with exports. The Department | 23 | | shall have the
following duties and responsibilities in regard | 24 | | to the Civil Administrative
Code of Illinois:
| 25 | | (1) To establish or cosponsor mentoring conferences, |
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| 1 | | utilizing experienced
manufacturing exporters, to explain and | 2 | | provide information to prospective
export manufacturers and | 3 | | businesses concerning the process of exporting to both
| 4 | | domestic and international opportunities.
| 5 | | (2) To provide technical assistance to prospective export | 6 | | manufacturers and
businesses seeking to establish domestic and | 7 | | international export
opportunities.
| 8 | | (3) To coordinate with the Department's Small Business | 9 | | Development Centers
to link buyers with prospective export | 10 | | manufacturers and businesses.
| 11 | | (4) To promote, both domestically and abroad, products | 12 | | made in Illinois in
order to inform consumers and buyers of | 13 | | their high quality
standards and craftsmanship.
| 14 | | (5) To provide technical assistance toward establishment | 15 | | of export trade
corporations in the private sector.
| 16 | | (6) To develop an electronic data base to compile | 17 | | information on
international trade and investment activities | 18 | | in Illinois companies ,
provide access to research and business | 19 | | opportunities through external data
bases, and connect this | 20 | | data base through international communication
systems with | 21 | | appropriate domestic and worldwide networks users .
| 22 | | (7) To collect and distribute to foreign commercial | 23 | | libraries directories,
catalogs, brochures, and other | 24 | | information of value to foreign businesses
considering doing | 25 | | business in this State.
| 26 | | (8) To establish an export finance awareness program to |
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| 1 | | provide
information to banking organizations about methods | 2 | | used by banks to provide
financing for businesses engaged in | 3 | | exporting and about other State and
federal programs to | 4 | | promote and expedite export financing.
| 5 | | (9) To undertake a survey of Illinois' businesses to | 6 | | identify exportable
products and the businesses interested in | 7 | | exporting.
| 8 | | (Source: P.A. 91-239, eff. 1-1-00; 91-357, eff. 7-29-99; | 9 | | 92-16, eff.
6-28-01.)
| 10 | | (20 ILCS 605/605-680) | 11 | | Sec. 605-680. Illinois goods and services website. | 12 | | (a) The Department, in consultation with the Department of | 13 | | Innovation and Technology, must establish and maintain an | 14 | | Internet website devoted to the marketing of Illinois goods | 15 | | and services by linking potential purchasers with producers of | 16 | | goods and services who are located in the State. | 17 | | (b) The Department must , subject to appropriation, | 18 | | advertise the website to encourage inclusion of producers on | 19 | | the website and to encourage the use of the website by | 20 | | potential purchasers.
| 21 | | (Source: P.A. 100-611, eff. 7-20-18.)
| 22 | | (20 ILCS 605/605-550 rep.)
| 23 | | (20 ILCS 605/605-1040 rep.) | 24 | | Section 10. The Department of Commerce and Economic |
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| 1 | | Opportunity Law of the
Civil Administrative Code of Illinois | 2 | | is amended by repealing Sections 605-550 and 605-1040. | 3 | | Section 15. The Illinois Main Street Act is amended by | 4 | | changing Sections 15, 20, 25, and 30 as follows: | 5 | | (20 ILCS 720/15)
| 6 | | Sec. 15. Illinois Main Street Program. The Illinois Main | 7 | | Street Program is created , subject to appropriation, within | 8 | | the Department. In order to implement the Illinois Main Street | 9 | | Program, the Department may shall do all of the following: | 10 | | (1) Provide assistance to municipalities designated as | 11 | | Main Street Communities, municipalities interested in | 12 | | becoming designated through the program, and businesses, | 13 | | property owners, organizations, and municipalities | 14 | | undertaking a comprehensive downtown or neighborhood | 15 | | commercial district revitalization initiative and | 16 | | management strategy. Assistance may include, but is not | 17 | | limited to, initial site evaluations and assessments, | 18 | | training for local programs, training for local program | 19 | | staff, site visits and assessments by technical | 20 | | specialists, local program design assistance and | 21 | | evaluation, and continued local program on-site | 22 | | assistance. | 23 | | (2) To the extent funds are made available, provide | 24 | | financial assistance to municipalities or local |
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| 1 | | organizations to assist in initial downtown or | 2 | | neighborhood commercial district revitalization program | 3 | | specialized training, specific project feasibility | 4 | | studies, market studies, and design assistance. | 5 | | (3) Operate the Illinois Main Street Program in | 6 | | accordance with the plan developed by the Department. | 7 | | (4) Consider other factors the Department deems | 8 | | necessary for the implementation of this Act.
| 9 | | (Source: P.A. 97-573, eff. 8-25-11.) | 10 | | (20 ILCS 720/20)
| 11 | | Sec. 20. Main Street Community designation. | 12 | | (a) The Department may shall adopt criteria for the | 13 | | designation of a Main Street Community. In establishing the | 14 | | criteria, the Department shall consider all of the following: | 15 | | (1) The degree of interest and commitment to | 16 | | comprehensive downtown or neighborhood commercial district | 17 | | revitalization and, where applicable, historic | 18 | | preservation by both the public and private sectors. | 19 | | (2) The evidence of potential private sector | 20 | | investment in the downtown or neighborhood commercial | 21 | | district. | 22 | | (3) Where applicable, a downtown or neighborhood | 23 | | commercial district with sufficient historic fabric to | 24 | | become a foundation for an enhanced community image. | 25 | | (4) The capacity of the organization to undertake a |
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| 1 | | comprehensive program and the financial commitment to | 2 | | implement a long-term downtown or neighborhood commercial | 3 | | district revitalization program that includes a commitment | 4 | | to employ a professional program manager. | 5 | | (5) The National Main Street Center's criteria for | 6 | | designating official main street municipalities. | 7 | | (6) Other factors the Department deems necessary for | 8 | | the designation of a local program. | 9 | | (b) Illinois Main Street shall designate local downtown or | 10 | | neighborhood commercial district revitalization programs and | 11 | | official local main street programs. | 12 | | (c) The Department must approve all local downtown or | 13 | | neighborhood commercial district revitalization program | 14 | | boundaries. The boundaries of a local downtown or neighborhood | 15 | | commercial district revitalization program are typically | 16 | | defined using the pedestrian core of a traditional commercial | 17 | | district.
| 18 | | (Source: P.A. 97-573, eff. 8-25-11.) | 19 | | (20 ILCS 720/25)
| 20 | | Sec. 25. Illinois Main Street Plan. The Department may | 21 | | shall , in consultation with the Lieutenant Governor, develop a | 22 | | plan for the Illinois Main Street Program. The plan shall | 23 | | describe: | 24 | | (1) the objectives and strategies of the Illinois Main | 25 | | Street Program; |
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| 1 | | (2) how the Illinois Main Street Program will be | 2 | | coordinated with existing federal, state, local, and | 3 | | private sector business development and historic | 4 | | preservation efforts; | 5 | | (3) the means by which private investment will be | 6 | | solicited and employed; | 7 | | (4) the methods of selecting and providing assistance | 8 | | to participating local programs; and | 9 | | (5) a means to solicit private contributions for State | 10 | | and local operations of the Illinois Main Street Program.
| 11 | | (Source: P.A. 97-573, eff. 8-25-11.) | 12 | | (20 ILCS 720/30)
| 13 | | Sec. 30. Role of the Lieutenant Governor. The Lieutenant | 14 | | Governor shall , subject to appropriation, be the Ambassador of | 15 | | the Illinois Main Street Program. The Department shall , | 16 | | subject to appropriation, advise and consult with the | 17 | | Lieutenant Governor on the activities of the Illinois Main | 18 | | Street Program. The Lieutenant Governor, with the assistance | 19 | | of the Department, shall , subject to appropriation, promote | 20 | | and encourage the success of the Illinois Main Street Program.
| 21 | | (Source: P.A. 97-573, eff. 8-25-11.) | 22 | | Section 20. The Outdoor Recreation Resources Act is | 23 | | amended by changing Sections 2 and 2a as follows:
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| 1 | | (20 ILCS 860/2) (from Ch. 105, par. 532)
| 2 | | Sec. 2. The Department of Natural Resources is
authorized | 3 | | to have prepared , with the Department of Commerce and Economic | 4 | | Opportunity, and to maintain and keep up-to-date a | 5 | | comprehensive plan for
the development of the outdoor | 6 | | recreation resources of the State.
| 7 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 8 | | (20 ILCS 860/2a) (from Ch. 105, par. 532a)
| 9 | | Sec. 2a. The Department of Natural Resources is authorized | 10 | | to have prepared
with the Department of Commerce and Economic | 11 | | Opportunity and to
maintain and keep up to date a | 12 | | comprehensive plan for the
preservation of the
historically | 13 | | significant properties and interests of the State.
| 14 | | (Source: P.A. 100-695, eff. 8-3-18; 101-81, eff. 7-12-19.)
| 15 | | (20 ILCS 3953/15 rep.)
| 16 | | (20 ILCS 3953/20 rep.) | 17 | | Section 25. The Government Buildings Energy Cost Reduction | 18 | | Act of 1991 is amended by repealing Sections 15 and 20. | 19 | | Section 30. The Eliminate the Digital Divide Law is | 20 | | amended by changing Section 5-30 as follows:
| 21 | | (30 ILCS 780/5-30)
| 22 | | Sec. 5-30. Community Technology Center Grant Program.
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| 1 | | (a) Subject to appropriation, the Department shall | 2 | | administer
the Community Technology Center Grant Program under | 3 | | which the
Department shall make grants in accordance with this | 4 | | Article
for planning, establishment, administration, and | 5 | | expansion
of Community Technology Centers and for assisting | 6 | | public hospitals,
libraries, and park districts in eliminating | 7 | | the digital divide. The purposes
of the grants shall include, | 8 | | but
not be limited to, volunteer recruitment and management, | 9 | | training and
instruction, infrastructure, and
related goods | 10 | | and services, including case management, administration, | 11 | | personal information management, and outcome-tracking tools | 12 | | and software for the purposes of reporting to the Department | 13 | | and for enabling participation in digital government and | 14 | | consumer services programs, for Community Technology Centers | 15 | | and public
hospitals, libraries, and park districts.
No | 16 | | Community Technology Center may receive a grant of more than | 17 | | $75,000 under
this Section in a particular fiscal year.
| 18 | | (b) Public hospitals, libraries, park districts, and State | 19 | | educational
agencies, local educational
agencies, institutions | 20 | | of higher education, senior citizen homes, and other public | 21 | | and
private nonprofit or for-profit agencies and organizations | 22 | | are eligible
to receive grants under this Program, provided | 23 | | that a local educational
agency or public or private | 24 | | educational
agency or organization must, in order to be | 25 | | eligible to receive grants under
this Program, provide | 26 | | computer access and educational services using
information |
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| 1 | | technology to the public at one or more of its educational
| 2 | | buildings or facilities at least 12 hours each week. A group of | 3 | | eligible
entities is
also eligible to receive a grant if the | 4 | | group follows the procedures
for group applications in 34 CFR | 5 | | 75.127-129 of the Education Department General
Administrative | 6 | | Regulations.
| 7 | | To be eligible to apply for a grant, a Community
| 8 | | Technology Center must serve a
community in which not less | 9 | | than 40%
of the
students are eligible for a free or reduced | 10 | | price lunch under the national
school lunch program or in | 11 | | which not less than 30% of the students
are eligible
for a free | 12 | | lunch under the national school lunch program; however, if | 13 | | funding
is insufficient to approve all grant applications for | 14 | | a particular fiscal year,
the Department may impose a higher | 15 | | minimum percentage threshold for that fiscal
year. | 16 | | Determinations of communities and determinations of the | 17 | | percentage of
students in a community who are eligible for a | 18 | | free or reduced price lunch
under the national school lunch | 19 | | program shall be in accordance with rules
adopted by the | 20 | | Department.
| 21 | | Any entities that have received a Community
Technology | 22 | | Center grant under the federal Community Technology Centers | 23 | | Program
are also eligible to apply for grants under this | 24 | | Program.
| 25 | | The Department shall
provide assistance to Community | 26 | | Technology Centers in making those
determinations for purposes |
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| 1 | | of applying for grants.
| 2 | | The Department shall encourage Community Technology | 3 | | Centers to participate in public and private computer hardware | 4 | | equipment recycling initiatives that provide computers at | 5 | | reduced or no cost to low-income families, including programs | 6 | | authorized by the State Property Control Act. On an annual | 7 | | basis, the Department must provide the Director of Central | 8 | | Management Services with a list of Community Technology | 9 | | Centers that have applied to the Department for funding as | 10 | | potential recipients of surplus State-owned computer hardware | 11 | | equipment under programs authorized by the State Property | 12 | | Control Act.
| 13 | | (c) Grant applications shall be submitted to the | 14 | | Department on a schedule of one or more deadlines established | 15 | | by the Department by rule.
| 16 | | (d) The Department shall adopt rules setting forth the | 17 | | required form
and contents of grant applications.
| 18 | | (e) (Blank). There is created
the Digital Divide | 19 | | Elimination Advisory Committee. The advisory committee
shall | 20 | | consist of 7
members appointed one each by the Governor, the | 21 | | President of
the Senate, the Senate Minority Leader, the | 22 | | Speaker of the House, and the House
Minority Leader, and 2 | 23 | | appointed by the Director of Commerce and Economic | 24 | | Opportunity, one of whom shall be a representative of the | 25 | | telecommunications industry and one of whom shall represent | 26 | | community technology centers. The members of the advisory |
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| 1 | | committee shall receive no
compensation for their services as | 2 | | members of the advisory committee but may be
reimbursed for | 3 | | their actual expenses incurred in serving on the advisory
| 4 | | committee. The Digital Divide Elimination Advisory Committee | 5 | | shall advise the
Department in establishing criteria and | 6 | | priorities for identifying recipients
of
grants under this | 7 | | Act. The advisory committee shall obtain advice from the
| 8 | | technology industry regarding current technological standards. | 9 | | The advisory
committee shall seek any available federal | 10 | | funding.
| 11 | | (f) (Blank). There is created the Digital Divide | 12 | | Elimination Working Group. The Working Group shall consist of | 13 | | the Director of Commerce and Economic Opportunity, or his or | 14 | | her designee, the Director of Central Management Services, or | 15 | | his or her designee, and the Executive Director of the | 16 | | Illinois Commerce Commission, or his or her designee. The | 17 | | Director of Commerce and Economic Opportunity, or his or her | 18 | | designee, shall serve as chair of the Working Group. The | 19 | | Working Group shall consult with the members of the Digital | 20 | | Divide Elimination Advisory Committee and may consult with | 21 | | various groups including, but not limited to, | 22 | | telecommunications providers, telecommunications-related | 23 | | technology producers and service providers, community | 24 | | technology providers, community and consumer organizations, | 25 | | businesses and business organizations, and federal government | 26 | | agencies.
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| 1 | | (g) Duties of the Digital Divide Elimination Working Group | 2 | | include all of the following: | 3 | | (1) Undertaking a thorough review of grant programs | 4 | | available through the federal government, local agencies, | 5 | | telecommunications providers, and business and charitable | 6 | | entities for the purpose of identifying appropriate | 7 | | sources of revenues for the Digital Divide Elimination | 8 | | Fund and attempting to update available grants on a | 9 | | regular basis. | 10 | | (2) Researching and cataloging programs designed to | 11 | | advance digital literacy and computer access that are | 12 | | available through the federal government, local agencies, | 13 | | telecommunications providers, and business and charitable | 14 | | entities and attempting to update available programs on a | 15 | | regular basis. | 16 | | (3) Presenting the information compiled from items (1) | 17 | | and (2) to the Department of Commerce and Economic | 18 | | Opportunity, which shall serve as a single point of | 19 | | contact for applying for funding for the Digital Divide | 20 | | Elimination Fund and for distributing information to the | 21 | | public regarding all programs designed to advance digital | 22 | | literacy and computer access.
| 23 | | (Source: P.A. 94-734, eff. 4-28-06; 95-740, eff. 1-1-09.)
| 24 | | Section 35. The Illinois Income Tax Act is amended by | 25 | | changing Section 220 as follows: |
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| 1 | | (35 ILCS 5/220) | 2 | | Sec. 220. Angel investment credit. | 3 | | (a) As used in this Section: | 4 | | "Applicant" means a corporation, partnership, limited | 5 | | liability company, or a natural person that makes an | 6 | | investment in a qualified new business venture. The term | 7 | | "applicant" does not include (i) a corporation, partnership, | 8 | | limited liability company, or a natural person who has a | 9 | | direct or indirect ownership interest of at least 51% in the | 10 | | profits, capital, or value of the qualified new business | 11 | | venture receiving the investment or (ii) a related member. | 12 | | "Claimant" means an applicant certified by the Department | 13 | | who files a claim for a credit under this Section. | 14 | | "Department" means the Department of Commerce and Economic | 15 | | Opportunity. | 16 | | "Investment" means money (or its equivalent) given to a | 17 | | qualified new business venture, at a risk of loss, in | 18 | | consideration for an equity interest of the qualified new | 19 | | business venture. The Department may adopt rules to permit | 20 | | certain forms of contingent equity investments to be | 21 | | considered eligible for a tax credit under this Section. | 22 | | "Qualified new business venture" means a business that is | 23 | | registered with the Department under this Section. | 24 | | "Related member" means a person that, with respect to the
| 25 | | applicant, is any one of the following: |
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| 1 | | (1) An individual, if the individual and the members | 2 | | of the individual's family (as defined in Section 318 of | 3 | | the Internal Revenue Code) own directly, indirectly,
| 4 | | beneficially, or constructively, in the aggregate, at | 5 | | least 50% of the value of the outstanding profits, | 6 | | capital, stock, or other ownership interest in the | 7 | | qualified new business venture that is the recipient of | 8 | | the applicant's investment. | 9 | | (2) A partnership, estate, or trust and any partner or | 10 | | beneficiary, if the partnership, estate, or trust and its | 11 | | partners or beneficiaries own directly, indirectly, | 12 | | beneficially, or constructively, in the aggregate, at | 13 | | least 50% of the profits, capital, stock, or other | 14 | | ownership interest in the qualified new business venture | 15 | | that is the recipient of the applicant's investment. | 16 | | (3) A corporation, and any party related to the | 17 | | corporation in a manner that would require an attribution | 18 | | of stock from the corporation under the attribution rules
| 19 | | of Section 318 of the Internal Revenue Code, if the | 20 | | applicant and any other related member own, in the | 21 | | aggregate, directly, indirectly, beneficially, or | 22 | | constructively, at least 50% of the value of the | 23 | | outstanding stock of the qualified new business venture | 24 | | that is the recipient of the applicant's investment. | 25 | | (4) A corporation and any party related to that | 26 | | corporation in a manner that would require an attribution |
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| 1 | | of stock from the corporation to the party or from the
| 2 | | party to the corporation under the attribution rules of | 3 | | Section 318 of the Internal Revenue Code, if the | 4 | | corporation and all such related parties own, in the | 5 | | aggregate, at least 50% of the profits, capital, stock, or | 6 | | other ownership interest in the qualified new business | 7 | | venture that is the recipient of the applicant's | 8 | | investment. | 9 | | (5) A person to or from whom there is attribution of | 10 | | ownership of stock in the qualified new business venture | 11 | | that is the recipient of the applicant's investment in | 12 | | accordance with Section 1563(e) of the Internal Revenue | 13 | | Code, except that for purposes of determining whether a | 14 | | person is a related member under this paragraph, "20%" | 15 | | shall be substituted for "5%" whenever "5%" appears in | 16 | | Section 1563(e) of the Internal Revenue Code. | 17 | | (b) For taxable years beginning after December 31, 2010, | 18 | | and ending on or before December 31, 2026, subject to the | 19 | | limitations provided in this Section, a claimant may claim, as | 20 | | a credit against the tax imposed under subsections (a) and (b) | 21 | | of Section 201 of this Act, an amount equal to 25% of the | 22 | | claimant's investment made directly in a qualified new | 23 | | business venture. In order for an investment in a qualified | 24 | | new business venture to be eligible for tax credits, the | 25 | | business must have applied for and received certification | 26 | | under subsection (e) for the taxable year in which the |
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| 1 | | investment was made prior to the date on which the investment | 2 | | was made. The credit under this Section may not exceed the | 3 | | taxpayer's Illinois income tax liability for the taxable year. | 4 | | If the amount of the credit exceeds the tax liability for the | 5 | | year, the excess may be carried forward and applied to the tax | 6 | | liability of the 5 taxable years following the excess credit | 7 | | year. The credit shall be applied to the earliest year for | 8 | | which there is a tax liability. If there are credits from more | 9 | | than one tax year that are available to offset a liability, the | 10 | | earlier credit shall be applied first. In the case of a | 11 | | partnership or Subchapter S Corporation, the credit is allowed | 12 | | to the partners or shareholders in accordance with the | 13 | | determination of income and distributive share of income under | 14 | | Sections 702 and 704 and Subchapter S of the Internal Revenue | 15 | | Code. | 16 | | (c) The minimum amount an applicant must invest in any | 17 | | single qualified new business venture in order to be eligible | 18 | | for a credit under this Section is $10,000. The maximum amount | 19 | | of an applicant's total investment made in any single | 20 | | qualified new business venture that may be used as the basis | 21 | | for a credit under this Section is $2,000,000. | 22 | | (d) The Department shall implement a program to certify an | 23 | | applicant for an angel investment credit. Upon satisfactory | 24 | | review, the Department shall issue a tax credit certificate | 25 | | stating the amount of the tax credit to which the applicant is | 26 | | entitled. The Department shall annually certify that: (i) each |
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| 1 | | qualified new business venture that receives an angel | 2 | | investment after January 1, 2018 under this Section has | 3 | | maintained a minimum employment threshold, as defined by rule, | 4 | | in the State (and continues to maintain a minimum employment | 5 | | threshold in the State for a period of no less than 3 years | 6 | | from the issue date of the last tax credit certificate issued | 7 | | by the Department with respect to such business pursuant to | 8 | | this Section); and (ii) the claimant's investment has been | 9 | | made and remains, except in the event of a qualifying | 10 | | liquidity event, in the qualified new business venture for no | 11 | | less than 3 years. | 12 | | If an investment for which a claimant is allowed a credit | 13 | | under subsection (b) is held by the claimant for less than 3 | 14 | | years, other than as a result of a permitted sale of the | 15 | | investment to person who is not a related member, the claimant | 16 | | shall pay to the Department of Revenue, in the manner | 17 | | prescribed by the Department of Revenue, the aggregate amount | 18 | | of the disqualified credits that the claimant received related | 19 | | to the subject investment. | 20 | | If the Department determines that a qualified new business | 21 | | venture failed to maintain a minimum employment threshold in | 22 | | the State through the date which is 3 years from the issue date | 23 | | of the last tax credit certificate issued by the Department | 24 | | with respect to the subject business pursuant to this Section, | 25 | | the claimant or claimants shall pay to the Department of | 26 | | Revenue, in the manner prescribed by the Department of |
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| 1 | | Revenue, the aggregate amount of the disqualified credits that | 2 | | claimant or claimants received related to investments in that | 3 | | business. | 4 | | (e) The Department shall implement a program to register | 5 | | qualified new business ventures for purposes of this Section. | 6 | | A business desiring registration under this Section shall be | 7 | | required to submit a full and complete application to the | 8 | | Department. A submitted application shall be effective only | 9 | | for the taxable year in which it is submitted, and a business | 10 | | desiring registration under this Section shall be required to | 11 | | submit a separate application in and for each taxable year for | 12 | | which the business desires registration. Further, if at any | 13 | | time prior to the acceptance of an application for | 14 | | registration under this Section by the Department one or more | 15 | | events occurs which makes the information provided in that | 16 | | application materially false or incomplete (in whole or in | 17 | | part), the business shall promptly notify the Department of | 18 | | the same. Any failure of a business to promptly provide the | 19 | | foregoing information to the Department may, at the discretion | 20 | | of the Department, result in a revocation of a previously | 21 | | approved application for that business, or disqualification of | 22 | | the business from future registration under this Section, or | 23 | | both. The Department may register the business only if all of | 24 | | the following conditions are satisfied: | 25 | | (1) it has its principal place of business in this | 26 | | State; |
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| 1 | | (2) at least 51% of the employees employed by the | 2 | | business are employed in this State; | 3 | | (3) the business has the potential for increasing jobs | 4 | | in this State, increasing capital investment in this | 5 | | State, or both, as determined by the Department, and | 6 | | either of the following apply: | 7 | | (A) it is principally engaged in innovation in any | 8 | | of the following: manufacturing; biotechnology; | 9 | | nanotechnology; communications; agricultural | 10 | | sciences; clean energy creation or storage technology; | 11 | | processing or assembling products, including medical | 12 | | devices, pharmaceuticals, computer software, computer | 13 | | hardware, semiconductors, other innovative technology | 14 | | products, or other products that are produced using | 15 | | manufacturing methods that are enabled by applying | 16 | | proprietary technology; or providing services that are | 17 | | enabled by applying proprietary technology; or | 18 | | (B) it is undertaking pre-commercialization | 19 | | activity related to proprietary technology that | 20 | | includes conducting research, developing a new product | 21 | | or business process, or developing a service that is | 22 | | principally reliant on applying proprietary | 23 | | technology; | 24 | | (4) it is not principally engaged in real estate | 25 | | development, insurance, banking, lending, lobbying, | 26 | | political consulting, professional services provided by |
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| 1 | | attorneys, accountants, business consultants, physicians, | 2 | | or health care consultants, wholesale or retail trade, | 3 | | leisure, hospitality, transportation, or construction, | 4 | | except construction of power production plants that derive | 5 | | energy from a renewable energy resource, as defined in | 6 | | Section 1 of the Illinois Power Agency Act; | 7 | | (5) at the time it is first certified: | 8 | | (A) it has fewer than 100 employees; | 9 | | (B) it has been in operation in Illinois for not | 10 | | more than 10 consecutive years prior to the year of | 11 | | certification; and | 12 | | (C) it has received not more than $10,000,000 in | 13 | | aggregate investments; | 14 | | (5.1) it agrees to maintain a minimum employment | 15 | | threshold in the State of Illinois prior to the date which | 16 | | is 3 years from the issue date of the last tax credit | 17 | | certificate issued by the Department with respect to that | 18 | | business pursuant to this Section; | 19 | | (6) (blank); and | 20 | | (7) it has received not more than $4,000,000 in | 21 | | investments that qualified for tax credits under this | 22 | | Section. | 23 | | (f) The Department, in consultation with the Department of | 24 | | Revenue, shall adopt rules to administer this Section. The | 25 | | aggregate amount of the tax credits that may be claimed under | 26 | | this Section for investments made in qualified new business |
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| 1 | | ventures shall be limited at $10,000,000 per calendar year, of | 2 | | which $500,000 shall be reserved for investments made in | 3 | | qualified new business ventures which are minority-owned | 4 | | businesses, women-owned businesses, or businesses owned by a | 5 | | person with a disability (as those terms are used and defined | 6 | | in the Business Enterprise for Minorities, Women, and Persons | 7 | | with Disabilities Act), and an additional $500,000 shall be | 8 | | reserved for investments made in qualified new business | 9 | | ventures with their principal place of business in counties | 10 | | with a population of not more than 250,000. The foregoing | 11 | | annual allowable amounts shall be allocated by the Department, | 12 | | on a per calendar quarter basis and prior to the commencement | 13 | | of each calendar year, in such proportion as determined by the | 14 | | Department, provided that: (i) the amount initially allocated | 15 | | by the Department for any one calendar quarter shall not | 16 | | exceed 35% of the total allowable amount; (ii) any portion of | 17 | | the allocated allowable amount remaining unused as of the end | 18 | | of any of the first 3 calendar quarters of a given calendar | 19 | | year shall be rolled into, and added to, the total allocated | 20 | | amount for the next available calendar quarter; and (iii) the | 21 | | reservation of tax credits for investments in minority-owned | 22 | | businesses, women-owned businesses, businesses owned by a | 23 | | person with a disability, and in businesses in counties with a | 24 | | population of not more than 250,000 is limited to the first 3 | 25 | | calendar quarters of a given calendar year, after which they | 26 | | may be claimed by investors in any qualified new business |
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| 1 | | venture. | 2 | | (g) A claimant may not sell or otherwise transfer a credit | 3 | | awarded under this Section to another person. | 4 | | (h) On or before March 1 of each year, the Department shall | 5 | | report to the Governor and to the General Assembly on the tax | 6 | | credit certificates awarded under this Section for the prior | 7 | | calendar year. | 8 | | (1) This report must include, for each tax credit | 9 | | certificate awarded: | 10 | | (A) the name of the claimant and the amount of | 11 | | credit awarded or allocated to that claimant; | 12 | | (B) the name and address (including the county) of | 13 | | the qualified new business venture that received the | 14 | | investment giving rise to the credit, the North | 15 | | American Industry Classification System (NAICS) code | 16 | | applicable to that qualified new business venture, and | 17 | | the number of employees of the qualified new business | 18 | | venture; and | 19 | | (C) the date of approval by the Department of each | 20 | | claimant's tax credit certificate. | 21 | | (2) The report must also include: | 22 | | (A) the total number of applicants and the total | 23 | | number of claimants, including the amount of each tax | 24 | | credit certificate awarded to a claimant under this | 25 | | Section in the prior calendar year; | 26 | | (B) the total number of applications from |
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| 1 | | businesses seeking registration under this Section, | 2 | | the total number of new qualified business ventures | 3 | | registered by the Department, and the aggregate amount | 4 | | of investment upon which tax credit certificates were | 5 | | issued in the prior calendar year; and | 6 | | (C) the total amount of tax credit certificates | 7 | | sought by applicants, the amount of each tax credit | 8 | | certificate issued to a claimant, the aggregate amount | 9 | | of all tax credit certificates issued in the prior | 10 | | calendar year and the aggregate amount of tax credit | 11 | | certificates issued as authorized under this Section | 12 | | for all calendar years.
| 13 | | (i) For each business seeking registration under this | 14 | | Section after December 31, 2016, the Department shall require | 15 | | the business to include in its application the North American | 16 | | Industry Classification System (NAICS) code applicable to the | 17 | | business and the number of employees of the business at the | 18 | | time of application. Each business registered by the | 19 | | Department as a qualified new business venture that receives | 20 | | an investment giving rise to the issuance of a tax credit | 21 | | certificate pursuant to this Section shall, for each of the 3 | 22 | | years following the issue date of the last tax credit | 23 | | certificate issued by the Department with respect to such | 24 | | business pursuant to this Section, report to the Department | 25 | | the following: | 26 | | (1) the number of employees and the location at which |
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| 1 | | those employees are employed, both as of the end of each | 2 | | year; | 3 | | (2) the amount of additional new capital investment | 4 | | raised as of the end of each year, if any; and | 5 | | (3) the terms of any liquidity event occurring during | 6 | | such year; for the purposes of this Section, a "liquidity | 7 | | event" means any event that would be considered an exit | 8 | | for an illiquid investment, including any event that | 9 | | allows the equity holders of the business (or any material | 10 | | portion thereof) to cash out some or all of their | 11 | | respective equity interests. | 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-16, eff. 6-17-21.) | 13 | | Section 40. The Film
Production Services Tax Credit Act of | 14 | | 2008 is amended by changing Section 45 as follows: | 15 | | (35 ILCS 16/45)
| 16 | | Sec. 45. Evaluation of tax credit program; reports to the | 17 | | General Assembly. | 18 | | (a) The Department shall evaluate the tax credit program. | 19 | | The evaluation must include an assessment of the effectiveness | 20 | | of the program in creating and retaining new jobs in Illinois | 21 | | and of the revenue impact of the program, and may include a | 22 | | review of the practices and experiences of other states or | 23 | | nations with similar programs. Upon completion of this | 24 | | evaluation, the Department shall determine the overall success |
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| 1 | | of the program, and may make a recommendation to extend, | 2 | | modify, or not extend the program based on this evaluation. | 3 | | (b) At the end of each fiscal quarter, the Department must | 4 | | submit to the General Assembly a report that includes, without | 5 | | limitation, the following information: | 6 | | (1) the economic impact of the tax credit program,
| 7 | | including the number of jobs created and retained, | 8 | | including whether the job positions are above-the-line, | 9 | | below-the-line, or extras entry level, management, | 10 | | talent-related, vendor-related, or production-related ; | 11 | | (2) the amount of film production spending brought to
| 12 | | Illinois, including the amount of spending and type of | 13 | | Illinois vendors hired in connection with an accredited | 14 | | production; and | 15 | | (3) an overall picture of whether the human
| 16 | | infrastructure of the motion picture industry in Illinois | 17 | | reflects the geographical, racial and ethnic, gender, and | 18 | | income-level diversity of the State of Illinois.
| 19 | | (c) At the end of each fiscal year, the Department must
| 20 | | submit to the General Assembly a report that includes the | 21 | | following information: | 22 | | (1) an identification of each vendor that provided
| 23 | | goods or services that were included in an accredited | 24 | | production's Illinois production spending, provided that | 25 | | the accredited production's Illinois production spending | 26 | | attributable to that vendor exceeds, in the aggregate, |
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| 1 | | $10,000 or 10% of the accredited production's Illinois | 2 | | production spending, whichever is less; | 3 | | (2) the amount paid to each identified vendor by the
| 4 | | accredited production; | 5 | | (3) for each identified vendor, a statement as to
| 6 | | whether the vendor is a minority-owned business or a | 7 | | women-owned business, as defined under Section 2 of the | 8 | | Business Enterprise for Minorities, Women, and Persons | 9 | | with Disabilities Act, based on the best efforts of an | 10 | | accredited production; and | 11 | | (4) a description of any steps taken by the
Department | 12 | | to encourage accredited productions to use vendors who are | 13 | | a minority-owned business or a women-owned business.
| 14 | | (Source: P.A. 100-391, eff. 8-25-17; 100-603, eff. 7-13-18; | 15 | | 101-81, eff. 7-12-19.) | 16 | | Section 45. The Southwestern Illinois Metropolitan and | 17 | | Regional Planning Act is amended by changing Section 35 as | 18 | | follows:
| 19 | | (70 ILCS 1710/35) (from Ch. 85, par. 1185)
| 20 | | Sec. 35. At the close of each fiscal year, the Commission | 21 | | shall prepare a
complete report of its receipts and | 22 | | expenditures during the fiscal year.
A copy of this report | 23 | | shall be filed with the Governor and with the
treasurer of each | 24 | | county included in the Metropolitan and Regional
Counties |
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| 1 | | Area. In addition, on or before December 31 of each even
| 2 | | numbered year, the Commission shall prepare jointly with the | 3 | | Department
of Commerce and Economic Opportunity, a report of | 4 | | its activities during the
biennium indicating how its funds | 5 | | were expended, indicating the amount
of the appropriation | 6 | | requested for the next biennium and explaining how
the | 7 | | appropriation will be utilized to carry out its | 8 | | responsibilities. A
copy of this report shall be filed with | 9 | | the Governor, the Senate and the
House of Representatives.
| 10 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 11 | | Section 50. The Illinois Groundwater Protection Act is | 12 | | amended by changing Section 4 as follows:
| 13 | | (415 ILCS 55/4) (from Ch. 111 1/2, par. 7454)
| 14 | | Sec. 4. (a) There shall be established within State | 15 | | government an
interagency committee
which shall be known as | 16 | | the Interagency Coordinating Committee on
Groundwater. The | 17 | | Committee shall be composed of the Director, or his
designee, | 18 | | of the following agencies:
| 19 | | (1) The Illinois Environmental Protection Agency, who | 20 | | shall chair the
Committee.
| 21 | | (2) The Illinois Department of Natural Resources.
| 22 | | (3) The Illinois Department of Public Health.
| 23 | | (4) The Office of Mines and Minerals within
the | 24 | | Department of Natural Resources.
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| 1 | | (5) The Office of the State Fire Marshal.
| 2 | | (6) The Division of Water Resources of the Department | 3 | | of
Natural Resources.
| 4 | | (7) The Illinois Department of Agriculture.
| 5 | | (8) The Illinois Emergency Management Agency.
| 6 | | (9) The Illinois Department of Nuclear Safety.
| 7 | | (10) The Illinois Department of Commerce and Economic | 8 | | Opportunity.
| 9 | | (b) The Committee shall meet not less than
twice each | 10 | | calendar year and shall:
| 11 | | (1) Review and coordinate the State's policy on | 12 | | groundwater protection.
| 13 | | (2) Review and evaluate State laws, regulations and | 14 | | procedures that
relate to groundwater protection.
| 15 | | (3) Review and evaluate the status of the State's | 16 | | efforts to improve
the quality of the groundwater and of | 17 | | the State enforcement efforts for
protection of the | 18 | | groundwater and make recommendations on improving the
| 19 | | State efforts to protect the groundwater.
| 20 | | (4) Recommend procedures for better coordination among | 21 | | State
groundwater programs and with local programs related | 22 | | to groundwater protection.
| 23 | | (5) Review and recommend procedures to coordinate the | 24 | | State's response
to specific incidents of groundwater | 25 | | pollution and coordinate dissemination
of information | 26 | | between agencies responsible for the State's response.
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| 1 | | (6) Make recommendations for and prioritize the | 2 | | State's groundwater
research needs.
| 3 | | (7) Review, coordinate and evaluate groundwater data | 4 | | collection and
analysis.
| 5 | | (8) Beginning on January 1, 1990, report biennially to | 6 | | the Governor
and the General Assembly on groundwater
| 7 | | quality, quantity, and the State's enforcement efforts.
| 8 | | (c) The Chairman of the Committee shall propose a | 9 | | groundwater protection
regulatory agenda for consideration by | 10 | | the Committee and the Council. The
principal purpose of the | 11 | | agenda shall be to systematically consider the
groundwater | 12 | | protection aspects of relevant federal and State regulatory
| 13 | | programs and to identify any areas where improvements may be | 14 | | warranted. To
the extent feasible, the agenda may also serve | 15 | | to facilitate a more
uniform and coordinated approach toward | 16 | | protection of groundwaters in
Illinois. Upon adoption of the | 17 | | final agenda by the Committee, the Chairman
of the Committee | 18 | | shall assign a lead agency and any support agencies to
prepare | 19 | | a regulatory assessment report for each item on the agenda. | 20 | | Each
regulatory assessment report shall specify the nature of | 21 | | the
groundwater protection
provisions being implemented and | 22 | | shall evaluate the results achieved
therefrom. Special | 23 | | attention shall be given to any preventive measures
being | 24 | | utilized for protection of groundwaters. The reports shall be
| 25 | | completed in a timely manner. After review and consideration | 26 | | by the
Committee, the reports shall become the basis for |
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| 1 | | recommending further
legislative or regulatory action.
| 2 | | (d) No later than January 1, 1992, the Interagency | 3 | | Coordinating
Committee on Groundwater shall provide a | 4 | | comprehensive status report to
the Governor and the General | 5 | | Assembly concerning implementation of this Act.
| 6 | | (e) The Committee shall consider findings and | 7 | | recommendations that are
provided by the Council, and
respond | 8 | | in writing regarding such matters. The Chairman of the | 9 | | Committee
shall designate a liaison person to serve as a | 10 | | facilitator of
communications with the Council.
| 11 | | (Source: P.A. 94-793, eff. 5-19-06.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.
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