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Full Text of HB5470
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HB5470 - 104th General Assembly
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HB5470 Enrolled
LRB104 19493 HLH 32941 b
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, 605-465, 605-503,
7
605-913, 605-1007, and 605-1032 as follows:
8
(20 ILCS 605/605-300)
(was 20 ILCS 605/46.2)
9
Sec. 605-300.
Economic development plans.
The Department
10
shall develop a strategic economic development plan for the
11
State by July 1, 2014. By no later than
January 31
July 1,
12
2015, and by July 1
annually
thereafter
, the Department shall
13
make modifications to the plan as modifications are warranted
14
by changes in economic conditions or by other factors,
15
including changes in policy. In addition to the annual
16
modification, the plan shall be reviewed and redeveloped in
17
full every 5 years. In the development of the annual economic
18
development plan, the Department shall consult with
19
representatives of the private sector, other State agencies,
20
academic institutions, local economic development
21
organizations, local governments, and not-for-profit
22
organizations. The annual economic development plan shall set
23
specific, measurable, attainable, relevant, and time-sensitive
HB5470 Enrolled
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1
goals and shall include a focus on areas of high unemployment
2
or poverty.
3
The term "economic development" shall be construed broadly
4
by the Department and may include, but is not limited to, job
5
creation, job retention, tax base enhancements, development of
6
human capital, workforce productivity, critical
7
infrastructure, regional competitiveness, social inclusion,
8
standard of living, environmental sustainability, energy
9
independence, quality of life, the effective use of financial
10
incentives, the utilization of public private partnerships
11
where appropriate, and other metrics determined by the
12
Department.
13
The plan shall be based on relevant economic data, focus
14
on economic development as prescribed by this Section, and
15
emphasize strategies to retain and create jobs.
16
The plan shall identify and develop specific strategies
17
for utilizing the assets of regions within the State defined
18
as counties and municipalities or other political subdivisions
19
in close geographical proximity that share common economic
20
traits such as commuting zones, labor market areas, or other
21
economically integrated characteristics.
22
If the plan includes strategies that have a fiscal impact
23
on the Department or any other agency, the plan shall include a
24
detailed description of the estimated fiscal impact of such
25
strategies.
26
Prior to publishing the plan in its final form, the
HB5470 Enrolled
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1
Department shall allow for a reasonable time for public input.
2
The Department shall transmit copies of the economic
3
development plan to the Governor and the General Assembly no
4
later than July 1, 2014, and by July 1 annually thereafter. The
5
plan and its corresponding modifications shall be published
6
and made available to the public in both paper and electronic
7
media, on the Department's website, and by any other method
8
that the Department deems appropriate.
9
The Department shall annually submit legislation to
10
implement the strategic economic development plan or
11
modifications to the strategic economic development plan to
12
the Governor, the President and Minority Leader of the Senate,
13
and the Speaker and the Minority Leader of the House of
14
Representatives. The legislation shall be in the form of one
15
or more substantive bills drafted by the Legislative Reference
16
Bureau.
17
(Source: P.A. 104-435, eff. 11-21-25.)
18
(20 ILCS 605/605-465)
19
Sec. 605-465.
Comprehensive website information.
20
(a) The Department's official website must contain a
21
comprehensive list of State, local, and federal economic
22
benefits available to businesses in each of the State's
23
counties and municipalities that the Department includes on
24
its website. In order to do so:
25
(1) The Department annually must request a summary of
HB5470 Enrolled
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1
available economic benefits from each of the State's
2
counties and municipalities that are linked to the
3
Department's website.
4
(2) The information obtained under paragraph (1) must
5
be published on the related web pages of the Department's
6
website.
7
(3) The Department's website shall also provide
8
information regarding available federal economic benefits
9
to the extent possible.
10
(b) The Department shall adopt rules for the
11
implementation of this Section.
12
(c) This Section is repealed on July 1, 2026.
13
(Source: P.A. 97-721, eff. 6-29-12.)
14
(20 ILCS 605/605-503)
15
Sec. 605-503.
Entrepreneurship assistance centers.
16
(a) The Department shall establish and support, subject to
17
appropriation, entrepreneurship assistance centers, including
18
the issuance of grants, at career education agencies and
19
not-for-profit corporations, including, but not limited to,
20
local development corporations, chambers of commerce,
21
community-based business outreach centers, and other
22
community-based organizations. The purpose of the centers
23
shall be to train minority group members, women, individuals
24
with a disability, dislocated workers, veterans, and youth
25
entrepreneurs in the principles and practice of
HB5470 Enrolled
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1
entrepreneurship in order to prepare those persons to pursue
2
self-employment opportunities and to pursue a minority
3
business enterprise or a women-owned business enterprise. The
4
centers shall provide for training in all aspects of business
5
development and small business management as defined by the
6
Department.
7
(b) The Department shall establish criteria for selection
8
and designation of the centers which shall include, but not be
9
limited to:
10
(1) the level of support for the center from local
11
post-secondary education institutions, businesses, and
12
government;
13
(2) the level of financial assistance provided at the
14
local and federal level to support the operations of the
15
center;
16
(3) the applicant's understanding of program goals and
17
objectives articulated by the Department;
18
(4) the plans of the center to supplement State and
19
local funding through fees for services which may be based
20
on a sliding scale based on ability to pay;
21
(5) the need for and anticipated impact of the center
22
on the community in which it will function;
23
(6) the quality of the proposed work plan and staff of
24
the center; and
25
(7) the extent of economic distress in the area to be
26
served.
HB5470 Enrolled
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1
(c) Each center shall:
2
(1) be operated by a board of directors representing
3
community leaders in business, education, finance, and
4
government;
5
(2) be incorporated as a not-for-profit corporation;
6
(3) be located in an area accessible to eligible
7
clients;
8
(4) establish an advisory group of community business
9
experts, at least one-half of whom shall be representative
10
of the clientele to be served by the center, which shall
11
constitute a support network to provide counseling and
12
mentoring services to minority group members, women,
13
individuals with a disability, dislocated workers,
14
veterans, and youth entrepreneurs from the concept stage
15
of development through the first one to 2 years of
16
existence on a regular basis and as needed thereafter; and
17
(5) establish a referral system and linkages to
18
existing area small business assistance programs and
19
financing sources.
20
(d) Each entrepreneurship assistance center shall provide
21
needed services to eligible clients, including, but not
22
limited to: (i) orientation and screening of prospective
23
entrepreneurs; (ii) analysis of business concepts and
24
technical feasibility; (iii) market analysis; (iv) management
25
analysis and counseling; (v) business planning and financial
26
planning assistance; (vi) referrals to financial resources;
HB5470 Enrolled
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1
(vii) referrals to existing educational programs for training
2
in such areas as marketing, accounting, and other training
3
programs as may be necessary and available; and (viii)
4
referrals to business incubator facilities, when appropriate,
5
for the purpose of entering into agreements to access shared
6
support services.
7
(e) Applications for grants made under this Section shall
8
be made in the manner and on forms prescribed by the
9
Department. The application shall include, but shall not be
10
limited to:
11
(1) a description of the training programs available
12
within the geographic area to be served by the center to
13
which eligible clients may be referred;
14
(2) designation of a program director;
15
(3) plans for providing ongoing technical assistance
16
to program graduates, including linkages with providers of
17
other entrepreneurial assistance programs and with
18
providers of small business technical assistance and
19
services;
20
(4) a program budget, including matching funds,
21
in-kind and otherwise, to be provided by the applicant;
22
and
23
(5) any other requirements as deemed necessary by the
24
Department.
25
(f) Grants made under this Section shall be disbursed for
26
payment of the cost of services and expenses of the program
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
director, the instructors of the participating career
2
education agency or not-for-profit corporation, the faculty
3
and support personnel thereof, and any other person in the
4
service of providing instruction and counseling in furtherance
5
of the program.
6
(g) The Department shall monitor the performance of each
7
entrepreneurial assistance center and require quarterly
8
reports from each center at such time and in such a manner as
9
prescribed by the Department.
10
The Department shall also evaluate the entrepreneurial
11
assistance centers established under this Section and report
12
annually
beginning on January 1, 2023, and
on or before
13
January 31
January 1
of each year
thereafter,
the results of
14
the evaluation to the Governor and the General Assembly. The
15
report shall discuss the extent to which the centers serve
16
minority group members, women, individuals with a disability,
17
dislocated workers, veterans, and youth entrepreneurs; the
18
extent to which the training program is coordinated with other
19
assistance programs targeted to small and new businesses; the
20
ability of the program to leverage other sources of funding
21
and support; and the success of the program in aiding
22
entrepreneurs to start up new businesses, including the number
23
of new business start-ups resulting from the program. The
24
report shall recommend changes and improvements in the
25
training program and in the quality of supplemental technical
26
assistance offered to graduates of the training programs. The
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1
report shall be made available to the public on the
2
Department's website. Between evaluation due dates, the
3
Department shall maintain the necessary records and data
4
required to satisfy the evaluation requirements.
5
(h) For purposes of this Section:
6
"Entrepreneurship assistance center" or "center" means the
7
business development centers or programs which provide
8
assistance to primarily minority group members, women,
9
individuals with a disability, dislocated workers, veterans,
10
and youth entrepreneurs under this Section.
11
"Disability" means, with respect to an individual: (i) a
12
physical or mental impairment that substantially limits one or
13
more of the major life activities of an individual; (ii) a
14
record of such an impairment; or (iii) being regarded as
15
having an impairment.
16
"Minority business enterprise" has the same meaning as
17
provided for "minority-owned business" under Section 2 of the
18
Business Enterprise for Minorities, Women, and Persons with
19
Disabilities Act.
20
"Minority group member" has the same meaning as provided
21
for "minority person" under Section 2 of the Business
22
Enterprise for Minorities, Women, and Persons with
23
Disabilities Act.
24
"Women-owned business enterprise" has the same meaning as
25
provided for "women-owned business" under Section 2 of the
26
Business Enterprise for Minorities, Women, and Persons with
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
Disabilities Act.
2
"Veteran" means a person who served in and who has
3
received an honorable or general discharge from, the United
4
States Army, Navy, Air Force, Space Force, Marines, Coast
5
Guard, or reserves thereof, or who served in the Army National
6
Guard, Air National Guard, or Illinois National Guard.
7
"Youth entrepreneur" means a person who is between the
8
ages of 16 and 29 years old and is seeking community support to
9
start a business in Illinois.
10
(Source: P.A. 102-272, eff. 1-1-22; 102-821, eff. 1-1-23;
11
103-154, eff. 6-30-23; 103-746, eff. 1-1-25
.)
12
(20 ILCS 605/605-913)
13
Sec. 605-913.
Clean Water Workforce Pipeline Program.
14
(a) The General Assembly finds the following:
15
(1) The fresh surface water and groundwater supply in
16
Illinois and Lake Michigan constitute vital natural
17
resources that require careful stewardship and protection
18
for future generations. Access to safe and clean drinking
19
water is the right of all Illinois residents.
20
(2) To adequately protect these resources and provide
21
safe and clean drinking water, substantial investment is
22
needed to replace lead components in drinking water
23
infrastructure, improve wastewater treatment, flood
24
control, and stormwater management, control aquatic
25
invasive species, implement green infrastructure
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
solutions, and implement other infrastructure solutions to
2
protect water quality.
3
(3) Implementing these clean water solutions will
4
require a skilled and trained workforce, and new
5
investments will demand additional workers with
6
specialized skills.
7
(4) Water infrastructure jobs have been shown to
8
provide living wages and contribute to Illinois' economy.
9
(5) Significant populations of Illinois residents,
10
including, but not limited to, residents of environmental
11
justice communities, economically and socially
12
disadvantaged communities, those returning from the
13
criminal justice system, foster care alumni, and in
14
particular women and transgender persons, are in need of
15
access to skilled living wage jobs like those in the water
16
infrastructure sector.
17
(6) Many of these residents are more likely to live in
18
communities with aging and inadequate clean water
19
infrastructure and suffer from threats to surface and
20
drinking water quality.
21
(7) The State can provide significant economic
22
opportunities to these residents and achieve greater
23
environmental and public health by investing in clean
24
water infrastructure.
25
(8) New training, recruitment, support, and placement
26
efforts are needed to connect these residents with career
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
opportunities in water infrastructure.
2
(9) The State must invest in both clean water
3
infrastructure and workforce development efforts in order
4
to achieve these goals.
5
(b)
Subject to appropriation,
From appropriations made
6
from the Build Illinois Bond Fund, Capital Development Fund,
7
or General Revenue Fund or other funds as identified by the
8
Department,
the Department
may
shall
create a Clean Water
9
Workforce Pipeline Program to provide grants and other
10
financial assistance to prepare and support individuals for
11
careers in water infrastructure. All funding provided by the
12
Program under this Section shall be designed to encourage and
13
facilitate employment in projects funded through State capital
14
investment and provide participants a skill set to allow them
15
to work professionally in fields related to water
16
infrastructure.
17
Grants and other financial assistance may be made
18
available on a competitive annual basis to organizations that
19
demonstrate a capacity to recruit, support, train, and place
20
individuals in water infrastructure careers, including, but
21
not limited to, community organizations, educational
22
institutions, workforce investment boards, community action
23
agencies, and multi-craft labor organizations for new efforts
24
specifically focused on engaging residents of environmental
25
justice communities, economically and socially disadvantaged
26
communities, those returning from the criminal justice system,
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
foster care alumni, and in particular women and transgender
2
persons in these populations.
3
Grants and other financial assistance
may
shall
be awarded
4
on a competitive and annual basis for the following
5
activities:
6
(1) identification of individuals for job training in
7
the water sector;
8
(2) counseling, preparation, skills training, and
9
other support to increase a candidate's likelihood of
10
success in a job training program and career;
11
(3) financial support for individuals in a water
12
sector job skills training program, support services, and
13
transportation assistance tied to training under this
14
Section;
15
(4) job placement services for individuals during and
16
after completion of water sector job skills training
17
programs; and
18
(5) financial, administrative, and management
19
assistance for organizations engaged in these activities.
20
(c) It shall be an annual goal of the Program to train and
21
place at least 300, or 25% of the number of annual jobs created
22
by State financed water infrastructure projects, whichever is
23
greater, of the following persons in water sector-related
24
apprenticeships annually: residents of environmental justice
25
communities; residents of economically and socially
26
disadvantaged communities; those returning from the criminal
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
justice system; foster care alumni; and, in particular, women
2
and transgender persons. In awarding and administering grants
3
under this Program, the Department shall strive to provide
4
assistance equitably throughout the State.
5
In order to encourage the employment of individuals
6
trained through the Program onto projects receiving State
7
financial assistance, the Department shall coordinate with the
8
Illinois Environmental Protection Agency, the Illinois Finance
9
Authority, and other State agencies that provide financial
10
support for water infrastructure projects. These agencies
11
shall take steps to support attaining the training and
12
placement goals set forth in this subsection, using a list of
13
projects that receive State financial support. These agencies
14
may propose and adopt rules to facilitate the attainment of
15
this goal.
16
Using funds appropriated for the purposes of this Section,
17
the Department may select through a competitive bidding
18
process a Program Administrator to oversee the allocation of
19
funds and select organizations that receive funding.
20
The Department may require recipients of grants under this
21
Program to
Recipients of grants under the Program shall
report
22
annually
to the Department
, at intervals determined by the
23
Department,
on the success of their efforts and their
24
contribution to reaching the goals of the Program provided in
25
this subsection.
To the extent possible based on reporting
26
provided by recipients of grants under this Program, the
The
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
Department shall compile this information and
periodically
2
annually
report to the General Assembly on the Program,
3
including, but not limited to, the following information:
4
(1) progress toward the goals stated in this
5
subsection;
6
(2) any increase in the percentage of water industry
7
jobs in targeted populations;
8
(3) any increase in the rate of acceptance,
9
completion, or retention of water training programs among
10
targeted populations;
11
(4) any increase in the rate of employment, including
12
hours and annual income, measured against pre-Program
13
participant income; and
14
(5) any recommendations for future changes to optimize
15
the success of the Program.
16
(d)
Within 180 days after an appropriation is made
17
available for the purposes of meeting the requirements of this
18
Act,
Within 90 days after January 1, 2020 (the effective date
19
of Public Act 101-576),
the Department shall propose
rules for
20
adoption
a draft plan
to implement this Section
in accordance
21
with the Illinois Administrative Procedure Act, including any
22
public comment required by the Joint Committee on
23
Administrative Rules.
for public comment. The Department shall
24
allow a minimum of 60 days for public comment on the plan,
25
including one or more public hearings, if requested. The
26
Department shall finalize the plan within 180 days of January
HB5470 Enrolled
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1
1, 2020 (the effective date of Public Act 101-576).
2
The Department may propose and adopt any rules necessary
3
for the implementation of the Program and to ensure compliance
4
with this Section.
5
(e) The Water Workforce Development Fund is created as a
6
special fund in the State treasury. The Fund shall receive
7
moneys appropriated for the purpose of this Section from the
8
Build Illinois Bond Fund, the Capital Development Fund, the
9
General Revenue Fund and any other funds. Moneys in the Fund
10
shall only be used to fund the Program and to assist and enable
11
implementation of clean water infrastructure capital
12
investments. Notwithstanding any other law to the contrary,
13
the Water Workforce Development Fund is not subject to sweeps,
14
administrative charge-backs, or any other fiscal or budgetary
15
maneuver that would in any way transfer any amounts from the
16
Water Workforce Development Fund into any other fund of the
17
State.
18
(f) For purpose of this Section:
19
"Environmental justice community" has the meaning provided
20
in subsection (b) of Section 1-50 of the Illinois Power Agency
21
Act.
22
"Multi-craft labor organization" means a joint
23
labor-management apprenticeship program registered with and
24
approved by the United States Department of Labor's Office of
25
Apprenticeship or a labor organization that has an accredited
26
training program through the Higher Learning Commission or the
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LRB104 19493 HLH 32941 b
1
Illinois Community College Board.
2
"Organization" means a corporation, company, partnership,
3
association, society, order, labor organization, or individual
4
or aggregation of individuals.
5
(Source: P.A. 101-576, eff. 1-1-20; 102-558, eff. 8-20-21.)
6
(20 ILCS 605/605-1007)
7
Sec. 605-1007.
New business permitting portal.
8
(a) By July 1, 2017, the Department shall, subject to
9
appropriation, create and maintain, in consultation with the
10
Department of Innovation and Technology, a website to help
11
persons wishing to create new businesses or relocate
12
businesses to Illinois. The Department shall consult with at
13
least one organization representing small businesses in this
14
State while creating the website.
15
(b) The website shall include:
16
(1) an estimate of license and permitting fees for
17
different businesses;
18
(2) State government application forms for business
19
licensing or registration;
20
(3) hyperlinks to websites of the responsible agency
21
or organization responsible for accepting the application;
22
and
23
(4) contact information for any local government
24
permitting agencies that may be relevant.
25
(c) The Department shall
maintain an integrated digital
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
platform for business permitting and licensing information in
2
collaboration with all State agencies with regulatory
3
authority over business activities. Those agencies shall
4
provide, maintain, and update their required business forms,
5
instructions, and related content in the shared content
6
management system or other Department-designated platform on
7
an ongoing basis, in accordance with guidance issued by the
8
Department. Agencies shall also maintain current and accurate
9
business-related content on their primary public websites to
10
ensure efficient integration and curation of information into
11
the portal.
contact all agencies to obtain business forms and
12
other information for this website. Those agencies shall
13
respond to the Department before July 1, 2016.
14
(d) The website shall also include some mechanism for the
15
potential business owner to request more information from the
16
Department that may be helpful in starting the business,
17
including, but not limited to, State-based incentives that the
18
business owner may qualify for when starting or relocating a
19
business.
20
(e) The Department shall
ensure that the portal is kept
21
current through continuous content management processes. State
22
agencies with regulatory authority over business activities
23
shall notify the Department or update the shared content
24
management system promptly when changes to forms, fees,
25
processes, requirements, or other relevant information occur,
26
and shall review and confirm the accuracy of its application
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forms and related content at least annually.
update the
2
website at least once a year before July 1. The Department
3
shall request that other State agencies report any changes in
4
applicable application forms to the Department by June 1 of
5
every year after 2016.
6
(Source: P.A. 102-276, eff. 8-6-21.)
7
(20 ILCS 605/605-1032)
8
Sec. 605-1032.
Office of Economic Equity and Empowerment.
9
(a) As used in this Section:
10
"Eligible not-for-profit corporation" means a
11
not-for-profit corporation, as defined in Section 101.80 of
12
the General Not For Profit Corporation Act of 1986, that
13
primarily serves minorities, women, veterans, or persons with
14
a disability.
15
"Office" means the Office of Economic Equity and
16
Empowerment.
17
(b) The Office of Economic Equity and Empowerment is
18
hereby created within the Department. The Office shall assist
19
minority-owned businesses, women-owned businesses,
20
veteran-owned businesses, businesses owned by persons with
21
disabilities, eligible not-for-profit corporations, and other
22
underserved communities and constituencies through targeted
23
programs, resources, and outreach and promotional activities.
24
The Office may engage in or conduct the following activities:
25
(1) promoting and conducting outreach efforts to
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1
ensure access to State and federal funding opportunities,
2
and assisting minority-owned businesses, women-owned
3
businesses, veteran-owned businesses, businesses owned by
4
persons with disabilities, eligible not-for-profit
5
corporations, and other underserved communities and
6
constituencies in applying for and receiving loan funds in
7
the State;
8
(2) providing and hosting workshops and public forums
9
and engaging in outreach efforts for minority-owned
10
businesses, women-owned businesses, veteran-owned
11
businesses, businesses owned by persons with disabilities,
12
and other underserved communities and constituencies to
13
encourage participation in programs under the Business
14
Enterprise for Minorities, Women, and Persons with
15
Disabilities Act, and assisting those businesses in
16
becoming designated under that Act and under similar
17
certification programs;
18
(3) providing and hosting workshops and public forums
19
and engaging in outreach efforts that assist and educate
20
minority-owned businesses, women-owned businesses,
21
veteran-owned businesses, businesses owned by persons with
22
disabilities, eligible not-for-profit corporations, and
23
other underserved communities and constituencies on the
24
process of applying for and becoming certified to apply
25
for State grant funds under the Grant Accountability and
26
Transparency Act;
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(4) providing and hosting workshops and public forums
2
and engaging in outreach efforts that assist and educate
3
aspiring and existing minority-owned businesses,
4
women-owned businesses, veteran-owned businesses,
5
businesses owned by persons with disabilities, eligible
6
not-for-profit corporations, and other underserved
7
communities and constituencies with understanding concepts
8
including, but not limited to, business formation and
9
not-for-profit incorporation, business planning, capital
10
access, and marketing a business or not-for-profit
11
corporation;
12
(5) administering programs established by the
13
Department or the General Assembly to provide grants to
14
minority-owned businesses, woman-owned businesses,
15
veteran-owned businesses, businesses owned by persons with
16
disabilities, eligible not-for-profit corporations, and
17
other underserved communities and constituencies;
18
(6) coordinating assistance for minority-owned
19
businesses, woman-owned businesses, veteran-owned
20
businesses, businesses owned by persons with disabilities,
21
eligible not-for-profit corporations, and other
22
underserved communities and constituencies with other
23
State agencies;
24
(7) providing staff, administration, and related
25
support required to administer this Section; and
26
(8) establishing applications, notifications,
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contracts, and other forms and procedures, and adopting
2
rules deemed necessary and appropriate.
3
(b-5) Subject to appropriation, the Office may administer
4
assistance that is focused on the revitalization and economic
5
stabilization of urban areas in the State. This assistance may
6
include programming, communication, and cross-coordination of
7
existing State programs designed to stimulate the economic
8
growth of under-resourced and underserved urban areas of the
9
State. Among other duties assigned by the Department, subject
10
to appropriation, the Office is authorized to do the
11
following:
12
(1) To the extent possible, to assist in the
13
coordination and communication of the activities of the
14
following units and programs of the Department and all
15
other present and future units and programs of the
16
Department that impact under-resourced or underserved
17
urban areas to the extent that they may assist urban areas
18
and urban economics:
19
(A) the Enterprise Zone Program;
20
(B) the Small Business Development Center Program;
21
(C) the Low-Income Heating and Energy Assistance
22
Program (LIHEAP) and related energy assistance
23
programs;
24
(D) programs funded through Community Services
25
Block Grant funds;
26
(E) programs funded through Community Development
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Block Grant funds;
2
(F) programs under the federal Workforce
3
Innovation and Opportunity Act (WIOA) or related
4
workforce programs;
5
(G) programming related to the deployment of and
6
access to broadband and related technology and skills;
7
(H) programs that assist in the development of
8
businesses owned by individuals that are socially and
9
economically disadvantaged; and
10
(I) programs that assist in the development of
11
community infrastructure.
12
(2) To gather information concerning any State or
13
federal program that is designed to revitalize or assist
14
under-resourced or underserved urban areas in the State
15
and to provide this information to public and private
16
entities upon request.
17
(3) To use existing programs of the Department to
18
collaborate with regional economic development
19
professionals hired by the Department to promote and
20
assist in developing urban industrial parks and related
21
economic development.
22
(4) To promote economic parity throughout the State
23
and the autonomy of residents of the State by promoting
24
and assisting the development of the following as it
25
relates to services to and for under-resourced or
26
underserved urban areas of the State:
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(A) small business development centers;
2
(B) youth employment;
3
(C) small business incubators;
4
(D) family resource centers;
5
(E) urban development banks;
6
(F) self-managed urban businesses; and
7
(G) plans for urban infrastructure projects.
8
(5) To, at its discretion and to the extent
9
practicable, seek guidance from urban public officials,
10
municipalities, metropolitan planning organizations,
11
nonprofits, and other entities to develop recommendations
12
to the Department on economic policies for urban areas and
13
planning models that will result in the revitalization of
14
the economy of under-resourced or underserved urban areas,
15
especially those urban areas where economically and
16
socially disadvantaged people live. These recommendations
17
may include, but are not limited to, recommendations in
18
the areas of:
19
(A) housing;
20
(B) scientific research;
21
(C) urban youth unemployment;
22
(D) business incubators and family resource
23
centers in urban areas; and
24
(E) alternative energy resource development in
25
urban areas as part of the Department's 5-year plan
26
for economic development.
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(6) To encourage new enterprises to locate in urban
2
areas through educational promotions that emphasize the
3
opportunities in areas identified in the Department's
4
5-year economic development plan and by connecting those
5
enterprises to employees of the Department that specialize
6
in the solicitation of businesses in urban areas, and to
7
do other acts that, in the judgment of the Department, are
8
necessary and proper to foster and promote the economic
9
development and welfare of any urban area. Except as
10
otherwise specifically provided by law, the Department
11
shall have no power to require reports from or to regulate
12
any business.
13
(7) To accept grants, loans, or appropriations from
14
the federal government or the State, or any agency or
15
instrumentality thereof, to be used for any expenses
16
necessary to serve under-resourced or underserved urban
17
areas of the State, including, but not limited to,
18
scientific research, urban youth employment projects,
19
business incubators, urban infrastructure development,
20
alternative energy resource development, food deserts and
21
community food plots, community facilities needed in urban
22
areas, and any other purpose related to the revitalization
23
of and support for urban areas.
24
(c) The Office may use vendors or enter into contracts to
25
carry out the purposes of this Section.
26
(Source: P.A. 103-889, eff. 1-1-25
.)
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1
(20 ILCS 605/605-400 rep.)
2
Section 7.
The Department of Commerce and Economic
3
Opportunity Law of the Civil Administrative Code of Illinois
4
is amended by repealing Section 605-400.
5
Section 10.
The Illinois Enterprise Zone Act is amended by
6
changing Section 12-9 as follows:
7
(20 ILCS 655/12-9)
(from Ch. 67 1/2, par. 626)
8
Sec. 12-9.
Report.
On
January 31
January 1
of each year,
9
the Department shall report on its operation of the Fund for
10
the preceding fiscal year to the Governor and the General
11
Assembly. For any fiscal year in which no operations are
12
conducted by the Department because no funds were appropriated
13
to the Fund, the report outlined by this Section is not
14
required.
15
(Source: P.A. 102-108, eff. 1-1-22
.)
16
Section 13.
The Illinois Promotion Act is amended by
17
changing Section 4b as follows:
18
(20 ILCS 665/4b)
19
Sec. 4b.
Coordinating Committee.
There is created a
20
Coordinating Committee of State agencies involved with tourism
21
in the State of Illinois. The Committee shall consist of the
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1
Director of Commerce and Economic Opportunity
or the
2
Director's designee,
as chairman, the Lieutenant Governor
or
3
the Lieutenant Governor's designee
, the Secretary of
4
Transportation or his or her designee, and the head executive
5
officer or his or her designee of the following: the Lincoln
6
Presidential Library; the Department of Natural Resources; the
7
Department of Agriculture; the Illinois Arts Council; the
8
Illinois Community College Board; and the Board of Higher
9
Education. The Committee shall also include 4 members of the
10
Illinois General Assembly, one of whom shall be named by the
11
Speaker of the House of Representatives, one of whom shall be
12
named by the Minority Leader of the House of Representatives,
13
one of whom
who
shall be named by the President of the Senate,
14
and one of whom shall be named by the Minority Leader of the
15
Senate. The Committee shall meet at least quarterly and at
16
other times as called by the chair. The Committee shall
17
coordinate the promotion and development of tourism activities
18
throughout State government.
19
(Source: P.A. 102-278, eff. 8-6-21.)
20
(20 ILCS 5075/Act rep.)
21
Section 20.
The Opportunities for At-Risk Women Act is
22
repealed.
23
Section 23.
The Illinois Council on Women and Girls Act is
24
amended by changing Section 15 as follows:
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1
(20 ILCS 5130/15)
2
Sec. 15.
The Illinois Council on Women and Girls.
3
(a) There is hereby created the Illinois Council on Women
4
and Girls.
5
(b) The Council shall advise the Governor and the General
6
Assembly on policy issues impacting women and girls in this
7
State, including, but not limited to, the following goals:
8
(1) to advance the role and civic participation of
9
women and girls in this State;
10
(2) to put in place programs and advocate policies
11
that work to end the gender pay gap and discrimination in
12
professional and academic opportunities;
13
(3) to promote resources and opportunities for
14
academic and professional growth;
15
(4) to allow women and young girls to have legal
16
protections and recourse in cases of sexual harassment in
17
the workplace;
18
(5) to prevent and protect women from domestic
19
violence;
20
(6) to provide proper standards of healthcare, and to
21
study the disparate impacts on women as it pertains to
22
diverse demographics;
23
(7) to promote increased access to reproductive health
24
care;
25
(8) to protect women who are transgender from violence
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1
and harassment, and increase their fair and equal access
2
to culturally competent health care, housing, employment,
3
and other opportunities;
4
(9) to disseminate information and build relationships
5
between State agencies and commissions in furtherance of
6
the Council's goals under this Act; and
7
(10) to give significant attention to the inclusion of
8
women of color in decision-making capacities and
9
identifying barriers toward parity, and for leadership
10
inclusion that works to realize America's founding
11
principles of equity and opportunity for all.
12
(c) The Council is hereby authorized to create
13
subcommittees. The Council may create a Subcommittee on
14
Opportunities for Women At Risk of Being Justice Impacted. The
15
Subcommittee on Opportunities for Women At Risk of Being
16
Justice Impacted may analyze, without limitation, the
17
following:
18
(1) existing State of Illinois boards, commissions,
19
councils, and task forces, as well as State of Illinois
20
initiatives and programs, that support women at risk of
21
being justice impacted;
22
(2) additional statewide councils managed by the
23
Department of Corrections;
24
(3) all State agencies and offices that help women at
25
risk of being justice impacted;
26
(4) federal, State, and local government offices that
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1
help women at risk of being justice impacted through their
2
task forces or programs or that manage corrections and
3
jail facilities;
4
(5) organizations, including nonprofits, civic groups,
5
and faith-based organizations, that support women at risk
6
of being justice impacted;
7
(6) colleges and universities that support, through
8
academic research, initiatives, and programs, women at
9
risk of being justice impacted; and
10
(7) additional cross-sector organizational resources.
11
(d) As used in this Section, "women at risk of being
12
justice impacted" means women who are at increased risk of
13
incarceration because of historic injustices that have
14
perpetuated the lack of access to economic opportunities, such
15
as poverty, abuse, addiction, financial challenges,
16
illiteracy, or other causes. The term "women at risk of being
17
justice impacted" includes, but shall not be limited to, women
18
who have previously been incarcerated.
19
(Source: P.A. 100-913, eff. 8-17-18.)
20
Section 25.
The Urban Weatherization Initiative Act is
21
amended by changing Section 40-40 as follows:
22
(30 ILCS 738/40-40)
23
Sec. 40-40.
Weatherization Initiative Board.
24
(a)
Subject to appropriation, the
The
Weatherization
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1
Initiative Board is created within the Department. The Board
2
must approve or deny all grants from the Fund.
3
(a-5) Notwithstanding any other provision of this Article,
4
the Board has the authority to direct the Department to
5
authorize the awarding of grants to applicants serving areas
6
or populations not included in the target areas and
7
populations set forth in Section 40-25 if the Board determines
8
that there are special circumstances involving the areas or
9
populations served by the applicant.
10
(b) The Board shall consist of 5 voting members appointed
11
by the Governor with the advice and consent of the Senate. The
12
initial members shall have terms as follows as designated by
13
the Governor: one for one year, one for 2 years, one for 3
14
years, one for 4 years, and one for 5 years, or until a
15
successor is appointed and qualified. Thereafter, members
16
shall serve 5-year terms or until a successor is appointed and
17
qualified. The voting members shall elect a voting member to
18
serve as chair for a one-year term. Vacancies shall be filled
19
in the same manner for the balance of a term.
20
(c) The Board shall also have 4 non-voting ex officio
21
members appointed as follows: one Representative appointed by
22
the Speaker of the House, one Representative appointed by the
23
House Minority Leader, one Senator appointed by the President
24
of the Senate, and one Senator appointed by the Senate
25
Minority Leader, each to serve at the pleasure of the
26
appointing authority.
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1
(d) Members shall receive no compensation, but may be
2
reimbursed for necessary expenses from appropriations to the
3
Department available for that purpose.
4
(e) The Board may adopt rules under the Illinois
5
Administrative Procedure Act.
6
(f) A quorum of the Board is at least 3 voting members, and
7
the affirmative vote of at least 3 voting members is required
8
for Board decisions and adoption of rules.
9
(g) The Department shall provide staff and administrative
10
assistance to the Board.
11
(h) By
January 31
December 31
of each year, the Board shall
12
file an annual report with the Governor and the General
13
Assembly concerning the Initiative, grants awarded, and
14
grantees and making recommendations for any changes needed to
15
enhance the effectiveness of the Initiative.
16
(Source: P.A. 96-37, eff. 7-13-09.)
17
Section 30.
The Build Illinois Act is amended by changing
18
Sections 9-9 and 10-9 as follows:
19
(30 ILCS 750/9-9)
(from Ch. 127, par. 2709-9)
20
Sec. 9-9.
Annual Report.
On
January 31
January 1
of each
21
year, the Department shall report on its operations of the
22
Illinois Capital Revolving Loan Fund and the Illinois Equity
23
Fund for the preceding fiscal year to the Governor and the
24
General Assembly.
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1
(Source: P.A. 84-109.)
2
(30 ILCS 750/10-9)
(from Ch. 127, par. 2710-9)
3
Sec. 10-9.
Report.
On
January 31
January 1
of each year,
4
the Department shall report on its operation of the Fund for
5
the preceding fiscal year to the Governor and the General
6
Assembly.
7
(Source: P.A. 84-109
.)
8
Section 35.
The Illinois Income Tax Act is amended by
9
changing Section 242 as follows:
10
(35 ILCS 5/242)
11
Sec. 242.
Music and Musicians Tax Credits and Jobs Act.
12
Taxpayers who have been awarded a credit under the Music and
13
Musicians Tax Credits and Jobs Act are entitled to a credit
14
against the taxes imposed by subsections (a) and (b) of
15
Section 201 of this Act in an amount determined by the
16
Department of Commerce and Economic Opportunity under that
17
Act. The credit shall be claimed
for
in
the taxable year in
18
which the tax credit award certificate is issued, and the
19
certificate shall be attached to the return. If the taxpayer
20
is a partnership or Subchapter S corporation, the credit shall
21
be allowed to the partners or shareholders in accordance with
22
the provisions of Section 251.
23
The credit may not reduce the taxpayer's liability to less
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1
than zero. If the amount of the credit exceeds the tax
2
liability for the year, the excess may be carried forward and
3
applied to the tax liability of the 5 taxable years following
4
the excess credit year. The credit shall be applied to the
5
earliest year for which there is a tax liability. If there are
6
credits from more than one tax year that are available to
7
offset a liability, the earlier credit shall be applied first.
8
(Source: P.A. 103-592, Article 52, Section 52-5, eff. 6-7-24;
9
104-417, eff. 8-15-25.)
10
Section 37.
The Music and Musicians Tax Credit and Jobs
11
Act is amended by changing Sections 50-10, 50-15, 50-35,
12
50-40, and 50-45 as follows:
13
(35 ILCS 19/50-10)
14
Sec. 50-10.
Definitions.
As used in this Act:
15
"Department" means the Department of Commerce and Economic
16
Opportunity.
17
"Expenditure in the State" means (i) an expenditure to
18
acquire, from a source within the State, property that is
19
subject to tax under the Use Tax Act, the Service Use Tax Act,
20
the Service Occupation Tax Act, or the Retailers' Occupation
21
Tax Act or (ii) an expenditure for compensation for services
22
performed within the State that is subject to State income tax
23
under the Illinois Income Tax Act.
24
"Illinois labor expenditure" means gross salary or wages,
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1
including, but not limited to, taxes, benefits, and any other
2
consideration incurred or paid to artist employees of the
3
applicant for services rendered to and on behalf of the
4
qualified music company, provided that the expenditure is:
5
(1) incurred or paid by the applicant on or after the
6
effective date of this Act for services related to any
7
portion of a qualified music company from rehearsals,
8
performances, and any other qualified music company
9
related activities;
10
(2) limited to the first $100,000 of wages incurred or
11
paid to each employee of a qualified music production in
12
each
calendar
tax
year;
13
(3) paid in the
calendar year of the State-certified
14
production
tax year
for which the applicant is
seeking
15
claiming
the tax credit award;
16
(4) paid to persons residing in Illinois at the time
17
payments were made; and
18
(5) reasonable under the circumstances.
19
"Qualified music company" means an entity that (i) is
20
authorized to do business in Illinois, (ii) is engaged
21
directly or indirectly in the production, distribution, or
22
promotion of music, (iii) is certified by the Department as
23
meeting the eligibility requirements of this Act, and (iv) has
24
executed a contract with the Department providing the terms
25
and conditions for its participation.
26
"Qualified music company payroll" or "QMC payroll" means
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1
wages reported by the qualified music company in box 1 of each
2
W-2 form prepared for an employee of the qualified music
3
company who is an Illinois resident.
4
"Resident copyright" means the copyright of a musical
5
composition written by an Illinois resident or owned by an
6
Illinois-domiciled music company, as evidenced by documents of
7
ownership, including, but not limited to, registration with
8
the United States Copyright Office.
9
"Sound recording" means a recording of music, poetry, or a
10
spoken-word performance made, in whole or in part, in
11
Illinois. "Sound recording" does not include the audio
12
portions of dialogue or words spoken and recorded as part of
13
television news coverage or athletic events.
14
"Sound recording production company" means a company
15
engaged in the business of producing sound recordings. "Sound
16
recording production company" does not include any person or
17
company, or any company owned, affiliated, or controlled, in
18
whole or in part, by any company or person, that is in default
19
on a loan made by the State or a loan guaranteed by the State,
20
nor which has ever declared bankruptcy under which an
21
obligation of the company or person to pay or repay public
22
funds or moneys was discharged as a part of the bankruptcy.
23
"State-certified production" means a sound recording
24
production, or a series of productions, including, but not
25
limited to, master and demonstration recordings, occurring
26
over the course of a 12-month period, and the base
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1
production-related investment that is approved by the
2
Department after receipt by the Department of a complete
3
application for initial certification of a production.
4
"Tax credit award" means the issuance to a taxpayer by the
5
Department of a tax credit award against the taxes imposed by
6
subsections (a) and (b) of Section 201 of the Illinois Income
7
Tax Act as provided in this Act.
8
(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)
9
(35 ILCS 19/50-15)
10
Sec. 50-15.
Powers of the Department.
The Department, in
11
addition to those powers granted under the Civil
12
Administrative Code of Illinois, is granted and has all the
13
powers necessary or convenient to carry out and effectuate the
14
purposes and provisions of this Act, including, but not
15
limited to, the power and authority to:
16
(1) adopt rules that are necessary and appropriate for
17
the administration of this Act;
18
(2) establish forms for applications, notifications,
19
contracts, or any other agreements with respect to tax
20
credits under this Act and to accept applications for tax
21
credits under this Act at any time during the year;
22
(3) assist applicants for tax credits under this Act
23
to promote, foster, and support sound recording and live
24
theater development and production and its related job
25
creation or retention within the State;
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1
(4) gather information and conduct inquiries, as
2
provided in this Act, required for the Department to
3
comply with the provisions of this Act and, without
4
limitation, to obtain information with respect to
5
applicants for the purpose of making any designations or
6
certifications necessary or desirable to assist the
7
Department with any recommendation or guidance in the
8
furtherance of the purposes of this Act and relating to
9
applicants' participation in training, education, and
10
recruitment programs that are organized in cooperation
11
with Illinois colleges and universities or labor
12
organizations designed to promote and encourage the
13
training and hiring of Illinois residents who represent
14
the diversity of the Illinois population;
15
(5) provide for sufficient personnel to permit
16
administrative, staffing, operating, and related support
17
required to adequately discharge the Department's duties
18
and responsibilities under this Act from funds as may be
19
appropriated by the General Assembly for the
20
administration of this Act; and
21
(6) require that the applicant at all times keep
22
proper books and records of accounts relating to the tax
23
credit award, in accordance with generally accepted
24
accounting principles consistently applied, and make those
25
books and records available for reasonable Department
26
inspection and audit, upon reasonable written request by
HB5470 Enrolled
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1
the Department, during the applicant's normal business
2
hours. Any documents or data made available to the
3
Department or received by the Department from the
4
applicant by any agent, employee, officer, or service
5
provider shall be deemed confidential and shall not
6
constitute public records to the extent that the documents
7
or data consist of commercial or financial information
8
regarding the operation by the applicant of any
qualified
9
music company
theater
or any accredited
music
theater
10
production or any recipient of any tax credit award under
11
this Act.
12
(Source: P.A. 103-592, eff. 6-7-24.)
13
(35 ILCS 19/50-35)
14
Sec. 50-35.
Issuance of tax credit award certificate.
15
(a) In order to qualify for a tax credit award under this
16
Act, an applicant must file an application for each qualified
17
music company at each of the applicant's qualified facilities,
18
on forms prescribed by the Department, providing information
19
necessary to calculate the tax credit award and any additional
20
information as reasonably required by the Department.
21
(b) Upon satisfactory review of the application, the
22
Department shall issue a tax credit award certificate stating
23
the amount of the tax credit award to which the applicant is
24
entitled for that
calendar
tax
year and shall
25
contemporaneously notify the applicant and the Department of
HB5470 Enrolled
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1
Revenue.
2
(c) For
calendar
tax
years beginning on or after
January
3
1, 2026,
January 1, 2025,
a taxpayer who has been awarded a tax
4
credit under paragraph (b) of this Section is entitled to a
5
credit against the taxes imposed under subsections (a) and (b)
6
of Section 201 of the Illinois Income Tax Act.
7
(Source: P.A. 103-592, eff. 6-7-24.)
8
(35 ILCS 19/50-40)
9
Sec. 50-40.
Amount and payment of the tax credit award.
10
(a) For
calendar
taxable
years beginning on or after
11
January 1, 2026,
January 1, 2025,
the Department shall
12
determine the amount of the tax award under this Act. The award
13
may not exceed 10% of the Illinois labor expenditures for the
14
State-certified production if the QMC payroll of the qualified
15
music company for the
calendar
taxable
year does not exceed
16
$150,000 or 15% of the Illinois labor expenditures for the
17
State-certified production if the QMC payroll of the qualified
18
music company for the
calendar
taxable
year exceeds $150,000,
19
plus all of the following:
20
(1) an additional 15% of the Illinois labor
21
expenditures for the State-certified production generated
22
by the employment of Illinois residents in geographic
23
areas of high poverty or high unemployment in each
24
calendar
tax
year, as determined by the Department; and
25
(2) an additional 7% of the Illinois labor
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1
expenditures for the State-certified production generated
2
by the employment of individuals who are employed at a
3
wage of no less than the general prevailing hourly rate as
4
paid for work of a similar character in the locality in
5
which the work is performed; and
6
(3) an additional 7% of the Illinois labor
7
expenditures for the State-certified production incurred
8
by a qualified music company and spent on post-production
9
sound recording for television or film work completed in
10
Illinois.
11
(b) To the extent that the base investment by a qualified
12
music company is expended on a sound recording production of a
13
resident copyright, the investor shall be allowed an
14
additional 10% increase in the base investment rate.
15
(c) The aggregate amount of credits certified for all
16
investors pursuant to this Section during any calendar year
17
shall not exceed $2,000,000. No more than $200,000 in tax
18
credits may be granted per calendar year for any single
19
qualified music company.
20
(d) A business is eligible for participation in the
21
program if the business meets all of the following criteria:
22
(1) The business is engaged directly or indirectly in
23
the production, distribution, and promotion of music.
24
(2) The business is approved by the Director of
25
Commerce and Economic Opportunity.
26
(e) Upon approval of a tax credit award under this Act, the
HB5470 Enrolled
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1
Department shall issue a tax credit certificate to the
2
applicant.
3
(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24.)
4
(35 ILCS 19/50-45)
5
Sec. 50-45.
Qualified music program evaluation and
6
reports.
7
(a) (Blank).
8
The Department may make a recommendation to extend,
9
modify, or not extend the program based on the evaluation.
10
(b) (Blank).
11
(c)
On or before June 1 of each
At the end of each fiscal
12
year, the Department shall submit to the General Assembly a
13
report
for the prior calendar year
that includes, without
14
limitation:
15
(1) the identification of each vendor that provided
16
goods or services that were included in a qualified music
17
company's Illinois spending;
18
(2) a statement of the amount paid to each identified
19
vendor by the qualified music program and whether the
20
vendor is a minority-owned or women-owned business as
21
defined in Section 2 of the Business Enterprise for
22
Minorities, Women, and Persons with Disabilities Act; and
23
(3) a description of the steps taken by the Department
24
to encourage qualified music companies to use vendors who
25
are minority-owned or women-owned businesses.
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1
(Source: P.A. 103-592, eff. 6-7-24; 103-1055, eff. 12-20-24;
2
104-283, eff. 8-15-25.)
3
Section 40.
The Southeastern Illinois Economic Development
4
Authority Act is amended by changing Section 20 as follows:
5
(70 ILCS 518/20)
6
Sec. 20.
Creation.
7
(a) There is created a political subdivision, body
8
politic, and municipal corporation named the Southeastern
9
Illinois Economic Development Authority. The territorial
10
jurisdiction of the Authority is that geographic area within
11
the boundaries of the following counties: Fayette, Cumberland,
12
Clark, Effingham, Jasper, Crawford, Marion, Clay, Richland,
13
Lawrence, Jefferson, Wayne, Edwards, Wabash, Hamilton, and
14
White; Irvington Township in Washington County; and any
15
navigable waters and air space located therein.
16
(b) The governing and administrative powers of the
17
Authority shall be vested in a body consisting of
26 public
27
18
members
and one ex officio member,
as follows:
19
(1) Public members. Nine members shall be appointed by
20
the Governor with the advice and consent of the Senate.
21
The county board chairmen of the following counties shall
22
each appoint one member: Clark, Clay, Crawford,
23
Cumberland, Edwards, Effingham, Fayette, Hamilton, Jasper,
24
Jefferson, Lawrence, Marion, Richland, Wabash, Washington,
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1
Wayne, and White.
2
(2)
Ex officio member. The Director of Commerce and
3
Economic Opportunity or the Director's designee shall
4
serve as an ex officio member.
One member shall be
5
appointed by the Director of Commerce and Economic
6
Opportunity.
7
All public members shall reside within the territorial
8
jurisdiction of the Authority. The public members shall be
9
persons of recognized ability and experience in one or more of
10
the following areas: economic development, finance, banking,
11
industrial development, state or local government, commercial
12
agriculture, small business management, real estate
13
development, community development, venture finance, organized
14
labor, or civic or community organization.
15
(c) Fourteen members shall constitute a quorum, and the
16
Board may not meet or take any action without a quorum present.
17
(d) The chairman of the Authority shall be elected
18
annually by the Board.
19
(e) The terms of the initial members of the Authority
20
shall begin 30 days after the effective date of this Act. Of
21
the 10 original members appointed by the Governor and the
22
Director of Commerce and Economic Opportunity pursuant to
23
subsection (b), one shall serve until the third Monday in
24
January, 2005; one shall serve until the third Monday in
25
January, 2006; 2 shall serve until the third Monday in
26
January, 2007; 2 shall serve until the third Monday in
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1
January, 2008; 2 shall serve until the third Monday in
2
January, 2009; and 2 shall serve until the third Monday in
3
January, 2010. The terms of the initial public members of the
4
Authority appointed by the county board chairmen shall begin
5
30 days after the effective date of this amendatory Act of the
6
97th General Assembly. The terms of the initial public members
7
appointed by the county board chairmen shall be determined by
8
lot, according to the following schedule: (i) 4 shall serve
9
until the third Monday in January, 2013, (ii) 4 shall serve
10
until the third Monday in January, 2014, (iii) 3 shall serve
11
until the third Monday in January, 2015, (iv) 3 shall serve
12
until the third Monday in January, 2016, and (v) 3 shall serve
13
until the third Monday in January, 2017. All successors to
14
these initial members shall be appointed by the original
15
appointing authority pursuant to subsection (b), and shall
16
hold office for a term of 3 years commencing the third Monday
17
in January of the year in which their term commences, except in
18
the case of an appointment to fill a vacancy. Vacancies
19
occurring among the members shall be filled for the remainder
20
of the term. In case of a vacancy in a Governor-appointed
21
membership when the Senate is not in session, the Governor may
22
make a temporary appointment until the next meeting of the
23
Senate when a person shall be nominated to fill the office and,
24
upon confirmation by the Senate, he or she shall hold office
25
during the remainder of the term and until a successor is
26
appointed and qualified. Members of the Authority are not
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1
entitled to compensation for their services as members but are
2
entitled to reimbursement for all necessary expenses incurred
3
in connection with the performance of their duties as members.
4
Members of the Board may participate in Board meetings by
5
teleconference or video conference.
6
(f) The Governor may remove any public member of the
7
Authority appointed by the Governor, and the Director of
8
Commerce and Economic Opportunity may remove any member
9
appointed by the Director, in case of incompetence, neglect of
10
duty, or malfeasance in office. The chairman of a county
11
board, with the approval of a majority vote of the county
12
board, may remove any public member appointed by that chairman
13
in the case of incompetence, neglect of duty, or malfeasance
14
in office.
15
(g) The Board shall appoint an Executive Director who
16
shall have a background in finance, including familiarity with
17
the legal and procedural requirements of issuing bonds, real
18
estate, or economic development and administration. The
19
Executive Director shall hold office at the discretion of the
20
Board. The Executive Director shall be the chief
21
administrative and operational officer of the Authority, shall
22
direct and supervise its administrative affairs and general
23
management, perform such other duties as may be prescribed
24
from time to time by the members, and receive compensation
25
fixed by the Authority. The Executive Director shall attend
26
all meetings of the Authority. However, no action of the
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1
Authority shall be invalid on account of the absence of the
2
Executive Director from a meeting. The Authority may engage
3
the services of the Illinois Finance Authority, attorneys,
4
appraisers, engineers, accountants, credit analysts, and other
5
consultants, if the Southeastern Illinois Economic Development
6
Authority deems it advisable.
7
(Source: P.A. 103-517, eff. 8-11-23.)
8
Section 45.
The Broadband Advisory Council Act is amended
9
by changing Section 20 as follows:
10
(220 ILCS 80/20)
11
Sec. 20.
Powers and duties of the Council generally.
12
(a) The Council shall:
13
(1) explore any and all ways to expand the
14
availability to end-user customers of broadband services
15
using available technologies, including, but not limited
16
to, wireline, wireless, fixed wireless, and satellite
17
applications;
18
(2) identify barriers to broadband adoption among the
19
residents and small businesses of Illinois;
20
(3) research ways to eliminate barriers to adoption
21
through measures such as: digital literacy programs;
22
programs to assist older citizens in using broadband
23
Internet access; programs to facilitate adoption by
24
disabled citizens; and programs to encourage collaborative
HB5470 Enrolled
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1
efforts among public universities, community colleges,
2
libraries, public housing, and other institutions;
3
(4) assess the availability of broadband for
4
low-income households compared to the availability of
5
broadband for other households;
6
(5) explore the potential for increased use of
7
broadband service for the purposes of education, career
8
readiness, workforce preparation, and alternative career
9
training;
10
(6) explore the potential for increased use of
11
broadband services to facilitate aging in place;
12
(7) explore ways for encouraging State and municipal
13
agencies, including public housing authorities, to expand
14
the use of broadband services for the purpose of better
15
serving the public, including audio and video streaming,
16
voice-over Internet protocol, teleconferencing, and
17
wireless networking;
18
(8) cooperate and assist in the expansion of
19
electronic instruction and distance education services;
20
(9) as the Federal Communications Commission updates
21
the benchmark downstream data rates and upstream data
22
rates, publish the revised data rates in the Illinois
23
Register within 60 days after the federal update; and
24
(10) evaluate the expansion of the Illinois Century
25
Network to Illinois public schools, public libraries, and
26
State-owned correctional institutions or facilities,
HB5470 Enrolled
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1
including issuing recommendations for increasing agency
2
staffing, infrastructure development, price modeling, and
3
providing download speeds of at least one gigabyte per
4
second and upload speeds of at least one gigabyte per
5
second.
6
(b) In addition to the powers set forth elsewhere in this
7
Act, the Council is hereby granted the powers necessary to
8
carry out the purpose and intent of this Act, as enumerated in
9
this Section, including, but not limited to:
10
(1) promoting awareness of public facilities that have
11
community broadband access that can be used for distance
12
education and workforce development; and
13
(2) advising on deployment of e-government portals
14
such that all public bodies and political subdivisions
15
have websites and encourage one-stop government access and
16
that all public entities stream audio and video of all
17
public meetings.
18
(c) The Council shall also:
19
(1) monitor the broadband-based development efforts of
20
other states in areas such as business, education, aging
21
in place, and health;
22
(2)receive input provided on a voluntary basis from
23
all Illinois broadband stakeholders and advise the
24
Governor and the General Assembly on policies related to
25
broadband in Illinois, provided that no stakeholders shall
26
be required to publicly disclose competitively sensitive
HB5470 Enrolled
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1
information or information that could compromise network
2
security or undermine the efficacy of reasonable network
3
management practices, and that any such information
4
voluntarily disclosed shall be protected from public
5
disclosure; and
6
(3) serve as the broadband advocate to State agencies
7
and other State entities to communicate the broadband
8
needs of citizens and organizations that do not have
9
access to broadband service or to broadband service
10
adequate for their needs.
11
(d) The Council shall exercise its powers and authority to
12
(1) advise and make recommendations to the General Assembly
13
and the Governor on bringing broadband service to unserved and
14
underserved rural and urban areas and improving broadband
15
service statewide, (2) advise and make recommendations to the
16
General Assembly and the Governor on facilitating broadband
17
adoption by all citizens, and (3) propose statutory changes
18
that may enhance and expand broadband in the State.
19
(e) The Council shall report to the General Assembly on or
20
before
January 31
January 1
of each year. The report to the
21
General Assembly shall be filed with the Clerk of the House of
22
Representatives and the Secretary of the Senate in electronic
23
form only, in the manner that the Clerk and the Secretary shall
24
direct. The report shall include the action that was taken by
25
the Council during the previous year in carrying out the
26
provisions of this Act. The Council shall also make any other
HB5470 Enrolled
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1
reports as may be required by the General Assembly or the
2
Governor.
3
(Source: P.A. 103-483, eff. 8-4-23.)
4
Section 50.
The Energy Assistance Act is amended by
5
changing Section 5 as follows:
6
(305 ILCS 20/5)
(from Ch. 111 2/3, par. 1405)
7
Sec. 5.
Policy Advisory Council.
8
(a) Within the Department of Commerce and Economic
9
Opportunity is created a Low Income Energy Assistance Policy
10
Advisory Council.
11
(b) The Council shall be chaired by the Director of
12
Commerce and Economic Opportunity or his or her designee.
13
There shall be
17
19
members of the Low Income Energy
14
Assistance Policy Advisory Council, including the chairperson
15
and the following members:
16
(1) one member designated by the Illinois Commerce
17
Commission;
18
(2) (blank);
19
(3) one member designated by the Illinois Energy
20
Association to represent electric public utilities serving
21
in excess of 1 million customers in this State;
22
(4) one member agreed upon by gas public utilities
23
that serve more than 500,000 and fewer than 1,500,000
24
customers in this State;
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
(5) one member agreed upon by gas public utilities
2
that serve 1,500,000 or more customers in this State;
3
(6) one member designated by the Illinois Energy
4
Association to represent combination gas and electric
5
public utilities;
6
(7) one member agreed upon by the Illinois Municipal
7
Electric Agency and the Association of Illinois Electric
8
Cooperatives;
9
(8) one member agreed upon by the Illinois Industrial
10
Energy Consumers;
11
(9) three members designated by the Department to
12
represent low income energy consumers;
13
(10) two members designated by the Illinois Community
14
Action Association to represent local agencies that assist
15
in the administration of this Act;
16
(11) one member designated by the Citizens Utility
17
Board to represent residential energy consumers;
18
(12)
(blank);
one member designated by the Illinois
19
Retail Merchants Association to represent commercial
20
energy customers;
21
(13)
(blank);
one member designated by the Department
22
to represent independent energy providers;
and
23
(14) three members designated by the Mayor of the City
24
of Chicago.
25
(c) Designated and appointed members shall serve 2 year
26
terms and until their successors are appointed and qualified.
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
The designating organization shall notify the chairperson of
2
any changes or substitutions of a designee within 10 business
3
days of a change or substitution. Members shall serve without
4
compensation, but may receive reimbursement for actual costs
5
incurred in fulfilling their duties as members of the Council.
6
(d) The Council shall have the following duties:
7
(1) to monitor the administration of this Act to
8
ensure effective, efficient, and coordinated program
9
development and implementation;
10
(2) to assist the Department in developing and
11
administering rules and regulations required to be
12
promulgated pursuant to this Act in a manner consistent
13
with the purpose and objectives of this Act;
14
(3) to facilitate and coordinate the collection and
15
exchange of all program data and other information needed
16
by the Department and others in fulfilling their duties
17
pursuant to this Act;
18
(4) to advise the Department on the proper level of
19
support required for effective administration of the Act;
20
(5) to provide a written opinion concerning any
21
regulation proposed pursuant to this Act, and to review
22
and comment on any energy assistance or related plan
23
required to be prepared by the Department;
24
(6) to advise the Department on the use of funds
25
collected pursuant to Section 11 of this Act, and on any
26
changes to existing low income energy assistance programs
HB5470 Enrolled
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1
to make effective use of such funds, so long as such uses
2
and changes are consistent with the requirements of the
3
Act.
4
(Source: P.A. 97-916, eff. 8-9-12.)
5
Section 55.
The Cannabis Regulation and Tax Act is amended
6
by changing Section 7-15 as follows:
7
(410 ILCS 705/7-15)
8
Sec. 7-15.
Loans and grants to Social Equity Applicants.
9
(a) The Department of Commerce and Economic Opportunity
10
shall establish grant and loan programs, subject to
11
appropriations from the Cannabis Business Development Fund,
12
for the purposes of providing financial assistance, loans,
13
grants, and technical assistance to Social Equity Applicants.
14
(b) The Department of Commerce and Economic Opportunity
15
has the power to:
16
(1) provide Cannabis Social Equity loans and grants
17
from appropriations from the Cannabis Business Development
18
Fund to assist Qualified Social Equity Applicants in
19
gaining entry to, and successfully operating in, the
20
State's regulated cannabis marketplace;
21
(2) enter into agreements that set forth terms and
22
conditions of the financial assistance, accept funds or
23
grants, and engage in cooperation with private entities
24
and agencies of State or local government to carry out the
HB5470 Enrolled
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1
purposes of this Section;
2
(3) fix, determine, charge, and collect any premiums,
3
fees, charges, costs and expenses, including application
4
fees, commitment fees, program fees, financing charges, or
5
publication fees in connection with its activities under
6
this Section;
7
(4) coordinate assistance under these loan programs
8
with activities of the Illinois Department of Financial
9
and Professional Regulation, the Illinois Department of
10
Agriculture, and other agencies as needed to maximize the
11
effectiveness and efficiency of this Act;
12
(5) provide staff, administration, and related support
13
required to administer this Section;
14
(6) take whatever actions are necessary or appropriate
15
to protect the State's interest in the event of
16
bankruptcy, default, foreclosure, or noncompliance with
17
the terms and conditions of financial assistance provided
18
under this Section, including the ability to recapture
19
funds if the recipient is found to be noncompliant with
20
the terms and conditions of the financial assistance
21
agreement;
22
(7) establish application, notification, contract, and
23
other forms, procedures, or rules deemed necessary and
24
appropriate; and
25
(8) utilize vendors or contract work to carry out the
26
purposes of this Act.
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1
(c) Loans made under this Section:
2
(1) shall only be made if, in the Department's
3
judgment, the project furthers the goals set forth in this
4
Act; and
5
(2) shall be in such principal amount and form and
6
contain such terms and provisions with respect to
7
security, insurance, reporting, delinquency charges,
8
default remedies, and other matters as the Department
9
shall determine appropriate to protect the public interest
10
and to be consistent with the purposes of this Section.
11
The terms and provisions may be less than required for
12
similar loans not covered by this Section.
13
(d) Grants made under this Section shall be awarded on a
14
competitive and annual basis under the Grant Accountability
15
and Transparency Act. Grants made under this Section shall
16
further and promote the goals of this Act, including promotion
17
of Social Equity Applicants, job training and workforce
18
development, and technical assistance to Social Equity
19
Applicants.
20
(e)
On or before January 31 of
Beginning January 1, 2021
21
and
each year
thereafter
, the Department shall annually report
22
to the Governor and the General Assembly on the outcomes and
23
effectiveness of this Section that shall include the
24
following:
25
(1) the number of persons or businesses receiving
26
financial assistance under this Section;
HB5470 Enrolled
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LRB104 19493 HLH 32941 b
1
(2) the amount in financial assistance awarded in the
2
aggregate, in addition to the amount of loans made that
3
are outstanding and the amount of grants awarded;
4
(3) the location of the project engaged in by the
5
person or business; and
6
(4) if applicable, the number of new jobs and other
7
forms of economic output created as a result of the
8
financial assistance.
9
(f) The Department of Commerce and Economic Opportunity
10
shall include engagement with individuals with limited English
11
proficiency as part of its outreach provided or targeted to
12
attract and support Social Equity Applicants.
13
(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
14
Section 99.
Effective date.
This Act takes effect upon
15
becoming law.
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