(20 ILCS 700/Art. 1 heading) ARTICLE 1
SHORT TITLE, PURPOSE, DEFINITIONS
AND GENERAL POWERS
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(20 ILCS 700/1001) (from Ch. 127, par. 3701-1)
Sec. 1001.
Short title.
This Act shall be known and may be cited as
the Technology Advancement and Development Act.
(Source: P.A. 86-870.)
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(20 ILCS 700/1002) (from Ch. 127, par. 3701-2)
Sec. 1002.
Findings and declaration of policy.
The General Assembly
hereby finds that numerous economic challenges confront the State,
including dramatic increases in foreign productivity and global market
competition which have forced a retrenchment in key business sectors and a
reduction in high paying manufacturing jobs which threaten to undermine
Illinois' standard of living and quality of life. In order to avoid
economic stagnation and decline, Illinois must keep pace with the global
revolution in manufacturing technology that is occurring in virtually every
major industrialized nation competing in the international marketplace.
The General Assembly further finds that an appropriate economic response
would require increasing the level of investment in research and
development;
utilizing industry, State and local government, labor, and
academia to
create state-wide programs; and fostering an improved environment for
productivity and technological competitiveness. These various programs
would utilize Illinois' present resources in many developing areas
including health care and biomedical research, information and
telecommunications, computing and electronic equipment, manufacturing
technologies and materials research, transportation and aerospace,
geoscience, financial and service industries, and agriculture and
biotechnology.
It is the purpose of this Act to identify, develop and commercialize
technology which will permit Illinois firms to successfully compete in
today's world markets, and to authorize State and local government to
promote systematically, within the provisions of this Act, those private
sector and nonprofit research institution efforts that will serve as
intermediaries to achieve the programs authorized under this Act; and
continue
to
insure Illinois' economic vitality and competitiveness through (i)
commercialization of new technology products; (ii) modernization of services by
technology enterprises; and (iii) modernization
of the industrial base of small and medium-sized manufacturers.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/1003) (from Ch. 127, par. 3701-3)
Sec. 1003. Definitions. The following words and phrases, for the
purposes of this Act, shall have the meanings respectively ascribed to
them, except when the context otherwise requires, or except as otherwise
provided in this Act:
"Advanced technology project" means any area of basic or applied
research or development which is designed to foster greater knowledge or
understanding, or which is designed for the purposes of improving,
designing, developing, prototyping, producing or commercializing new
products, techniques, processes or technical devices in present or emerging
fields of health care and biomedical research, information and
communication systems, computing and computer services, electronics,
manufacturing, robotics and materials research, transportation and
aerospace,
agriculture and biotechnology, and finance and services.
"Business expense" includes working capital financing, the purchase
or lease of machinery and equipment, or the lease or purchase of real
property, including construction, renovation, or leasehold improvements,
but does not include refinancing current debt.
"Business project" means any specific economic development activity
of a commercial, industrial, manufacturing, agricultural, scientific,
financial, service or other not-for-profit nature, which is expected to
yield an increase in jobs or to result in the retention of jobs or an
improvement in production efficiency.
"Department" means the Illinois Department of Commerce and Economic Opportunity.
"Director" means the Director of
Commerce
and Economic Opportunity.
"Financial assistance" means a loan, investment, grant or the
purchase
of qualified securities or other means whereby financial aid is made to or on
behalf of a business project or advanced technology project.
"Intermediary organization" means any participating organization including
not-for-profit entities, for-profit entities, State development authorities,
institutions of higher education, other public or private corporations, which
may include the Illinois Coalition, or
other entities necessary
or desirable to further the purpose of this Act engaged by the Department
through any contract, agreement, memoranda of understanding, or other
cooperative arrangement to deliver programs authorized under this Act.
"Investment loan" means any loan structured so that the applicant repays the
principal and interest and provides a qualified security
investment to serve both as additional loan security and as an additional
source of
repayment.
"Loan" means acceptance of any note, bond, debenture, or evidence of
indebtedness, whether unsecured or secured by a mortgage, pledge, deed of
trust, or other lien on any property, or any certificate of, receipt for,
participation in, or an option to any of the foregoing. A loan shall bear
such interest rate, with such terms of repayment, secured by such
collateral, with other terms and conditions, as the Department shall deem
necessary or appropriate.
"Participating lender or investor" means any trust company, bank,
savings bank, credit union, merchant bank, investment bank, broker, investment
trust, pension fund, building and loan association, savings and loan
association, insurance company, venture capital company or other institution,
community or State development corporation, development authority authorized to
do business by an Act of this State, or other public or private financing
intermediary approved by the Department whose purposes include financing,
promoting, or encouraging economic development financing.
"Qualified security investments" means any stock, convertible
security, treasury stock, limited partnership interest, certificate of
interest or participation in any profit sharing agreement, preorganization
certificate or subscription, transferable share, investment contract,
certificate of interest or participation in a patent or application or, in
general, any interest or instrument commonly known as a "security" or any
certificate for, receipt for, guarantee of, or option, warrant or right to
subscribe to or purchase any of the foregoing, but not including any
instrument which contains voting rights or which can be converted to contain
voting rights in the possession of the Department.
(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 700/1004) (from Ch. 127, par. 3701-4)
Sec. 1004. Duties and powers. The Department of Commerce and
Economic Opportunity shall establish and administer any of the programs
authorized under
this Act subject to the availability of funds appropriated by the General
Assembly. The Department may
make awards from
general revenue fund appropriations, federal reimbursement funds, and
the
Technology
Cooperation Fund, as provided under the
provisions of this
Act. The Department, in addition to those powers granted under the Civil
Administrative Code of Illinois, is granted the following powers to
help administer the provisions of this Act:
(a) To provide financial assistance as direct or | ||
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(b) To enter into agreements, accept funds or grants, | ||
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(c) To enter into contracts, agreements, and | ||
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(d) To fix, determine, charge, and collect any | ||
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(e) To establish forms for applications, | ||
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(f) To establish and regulate the terms and | ||
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(g) To require that recipients of financial | ||
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(h) To require applicants or grantees receiving funds | ||
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(i) To require applicants or grantees, upon written | ||
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(i-5) To provide staffing, administration, and | ||
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(j) To take whatever actions are necessary or | ||
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(k) To exercise such other powers as are necessary to | ||
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(Source: P.A. 100-201, eff. 8-18-17.)
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(20 ILCS 700/Art. 2 heading) ARTICLE 2
TECHNOLOGY CHALLENGE GRANT PROGRAM
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(20 ILCS 700/2001) (from Ch. 127, par. 3702-1)
Sec. 2001.
Technology Challenge Grant Program.
(a) The Department
may, subject to appropriated funds, establish a Technology
Challenge Grant
Program to provide initial grant funding requirements to help secure
federal research and development projects for this State and to identify and
develop technology programs capable of commercialization or establish one or
more programs authorized under this Article as part of its Technology Challenge
Grant Program Initiative to serve as a catalyst and assure a strong base to
develop, transfer, or commercialize new technologies. The Department
shall, pursuant to Section 2003 of this Article, evaluate which grant
applications best serve the economic and technological objectives of the State.
(b) Grants shall be awarded from appropriations made for that purpose to:
(i) universities, colleges, community colleges, nonprofit research foundations
or laboratories, State research institutions, industry technology associations,
(ii) technology partnerships or technology consortiums established by a
formal joint project agreement between: (1) two or more private industries, or
(2) any combination of one or more private industries with one or more
universities, colleges, community colleges, nonprofit research laboratories,
nonprofit research foundations, or State research institutions, or (iii) any
private enterprise developing or commercializing technology or leveraging
federal technology development financing, including, but not limited to, the
small business innovative research program.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/2002) (from Ch. 127, par. 3702-2)
Sec. 2002. Grant purposes.
(a) Grants authorized under this Article
shall be awarded only for the following purposes: (i) applied innovation
research that provides initial grant funding to help serve critical research
and development projects to respond
to
unique, advanced technology projects and which foster the development of
Illinois' economy through
the advancement of the State's economic, scientific, and technological
assets, or
which are recognized as technology programs of exemplary and outstanding
research in the field of science and technology; or to assist
eligible
applicants in the State apply for, or qualify for and leverage, federal
funds awarded for advanced technology projects concerning research and
development, business innovation research or technical development, or the
transfer of useful technology to the private sector;
(ii) university and industry partnerships that create high-skill employment
opportunities and internship
activities in the communities that enable graduates and faculty to stay in
Illinois and
university and industry initiatives that strengthen the relationship between
industry and academia in
Illinois so that applied university research is responsive to the needs of the
various state industries
and industry clusters;
(iii)
centers of excellence in technology commercialization, innovation evaluation,
and intellectual
property management that encourages the growth of new enterprises based on
technologies
developed at Illinois research centers including technology
partnerships, technology consortiums or research centers and industry
technology associations that are, or will be, established to perform research
and development in present and emerging technologies that can be developed for
use by commerce and industry;
(iv) technology
transfer projects involving promotion of new or innovative technologies
among
small and medium-sized Illinois manufacturers where the technologies have
immediate commercial application; training
and information dissemination that is directly applicable to small and
medium-sized Illinois manufacturer needs; or information transfer to Illinois
based
research institution regarding best practice in industrial
commercialization of technology developments; (v) planning and operational
support for statewide support that improve practices in technology
commercialization including
needs
assessment and evaluation of the status of technology implementation throughout
the State; and (vi) research and testing of products that render the use of anhydrous ammonia inert in the production of methamphetamine.
(b) Grants awarded pursuant to this Article may be used to help
subsidize expenses, as approved by the Department, for capital
improvements, equipment, contractual services, commodities, personnel,
support costs, including telecommunication, electronic data and
commodities, or other costs.
(Source: P.A. 95-433, eff. 8-24-07.)
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(20 ILCS 700/2003) (from Ch. 127, par. 3702-3)
Sec. 2003.
Grant evaluation and amounts.
(a) The Department shall evaluate grant applications based upon
criteria provided under this Section. The Department shall not award any
Challenge Grant that is not recommended for funding by the Illinois
Science and Technology Advisory Committee and the Illinois
Coalition. In determining which grant
applicants shall be awarded a Challenge Grant, the Department shall conduct
an evaluation of prior compliance with loan or grant agreements for any
grant applicant previously funded by the Department. In addition, the
Department shall consider the following criteria in determining grant
awards: the relationship of a proposed advanced technology project to the
State's future economic growth; the qualifications and expertise of
consultants, firms or organizations undertaking the effort; the potential
for leveraging federal or private research dollars, or both, for the
initiative; the extent of
the capacity of the applicant or the applicant partnership or consortium to
finance the initiative; the potential for adapting, commercializing or
adopting the results of the applicant's project for the economic benefit of
the State; and the likelihood that the project has a potential for creating
new jobs or retaining current jobs in the State.
(b) The Director of the Department shall determine the level of the
grant award and shall determine the share of total directly attributable
costs of an advanced technology project which may be considered for funding
under this Article.
(c) The Department and the Department of Natural
Resources are hereby authorized to cooperate with and provide support to
the Illinois Science and Technology Advisory Committee
and the Illinois
Coalition. Such support may include the provision of office space and may be
technical, advisory or operational in nature.
(Source: P.A. 91-357, eff. 7-29-99; 91-476, eff. 8-11-99.)
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(20 ILCS 700/Art. 3 heading) ARTICLE 3.
ILLINOIS TECHNOLOGY
ENTERPRISE DEVELOPMENT AND INVESTMENT PROGRAM
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(20 ILCS 700/3001) (from Ch. 127, par. 3703-1)
Sec. 3001.
Illinois Technology Enterprise Development
and Investment Program. The Department
shall, subject to appropriated funds, establish an Advanced Technology
Enterprise Development Program to: (i) provide
investments, loans, or qualified security investments to or
on behalf of young or growing businesses, in cooperation with private
investment companies, private investors or conventional lending
institutions which also assume
a portion of the investment loan or financing for a business project, or
on behalf of new or emerging business through financial intermediaries as
they commercialize
advanced technology projects;
(ii)
fund regional technology enterprise development centers that make
available resources and
expertise in furthering the technical or managerial skills of owners; aid the
ventures in locating financing;
and help new companies with product development and marketing.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3002) (from Ch. 127, par. 3703-2)
Sec. 3002.
Investment requirements.
Any direct financial assistance
shall:
(a) Be awarded only if other financing with respect to the business project
is provided. Other financing may be in the form of any loan, equity
position, convertible preferred stock, letter of credit, guarantee, limited
partnership interest, bond
purchase or any other form approved by the Department;
(b) Be protected by adequate security.
Financial assistance may be secured by first or second
mortgage positions on real or personal property, by royalty payments, by
personal notes or guarantees, or by any other security satisfactory to the
Department to secure repayment, if required, by the financial assistance
agreement;
(c) Be in such principal amount and form, and contain such terms and
provisions with respect to the property, insurance, repairs, alteration,
payment of taxes and assessments, delinquency charges, default remedies,
additional security and other matters as the Department shall
determine adequate to protect the public interest.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3003) (from Ch. 127, par. 3703-3)
Sec. 3003.
Applications.
(a) An application for direct financial assistance shall be
submitted to the
Department in accordance with forms and filing fees prescribed by the
Department. The application may require facts about the company's history,
job opportunities, stability of employment, past and present condition and
structure, actual and pro-forma income statements, present and future
market prospects and management qualification, and any other facts deemed
material to the financing request. The Department shall obtain such
additional information concerning the application as it deems necessary and
diligent.
The Department may create a credit review committee which shall, on the
basis of the application, and any other information, prepare a report
concerning the credit-worthiness of the proposed borrower, the financial
commitment of other investors, the manner in
which the proposed business project will advance the economy of the State,
and the soundness of the proposed financial assistance agreement.
After consideration of such report, and after such other action as it
deems appropriate, the Department shall approve or deny the application.
If the Department approves the application, its approval shall specify the
amount of funds to be provided and the financial assistance agreement
provisions which shall apply to the applicant. The applicant shall be
promptly notified of such action by the Department.
(b) The Department may, subject to available appropriated funds, provide
grants or investments in
revolving fund portfolios with intermediary organizations or participating
lenders or investors. The
financial assistance may be made available to intermediaries that assume a
responsibility for the
administration of the projects funded through the grant or investment.
Applications shall be submitted to the Department in accordance with forms
and filing fees
prescribed by the Department. The application may require facts about the
intermediary's history, past,
and present condition and structure, actual, and pro-forma income statements,
present and future market
prospects and management qualification, and any other facts deemed material to
the financing request.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3004) (from Ch. 127, par. 3703-4)
Sec. 3004.
Investment purpose.
(a) Direct qualified investments, loans, or
participation investments in investment or loan portfolios authorized by this
Article of this Act may be made
for the purpose
of financing any new process, technique, product, service or device which is,
or which may be, capable of being reduced to practice, and which is, or which
may be, commercially exploitable by (i) young or growing Illinois
businesses or (ii) applicants who have qualified for Federal Small Business
Innovation
Research funds.
Financial assistance proceeds may be used for expenses that include, but
are not limited to, costs
incurred for research and development, amortizable organizational costs,
working capital financing, the purchase or lease of machinery and equipment,
and the acquisition, improvement or rehabilitation of land and buildings. In
determining if direct qualified security investments or
loans are to be
made, the Department shall find that there is a likelihood of
commercial feasibility given the state of development of the proposed
product, process, or technical device, and that there is a likelihood of
increased job opportunities in the near term as a result of the security
investment. Direct qualified security investments or investment loans for an eligible applicant shall
not be made for more than $500,000 and shall not be made for more than 50%
of the business project costs unless the Director determines that a waiver
of these limits is required to meet the purpose of this Act.
In making a determination to participate in an
investment
or loan portfolio of an authorized participating lender or investor on behalf of eligible
applicants, the Department shall find that the administering financial
intermediary is capable of effectively evaluating the commercialization
feasibility of the proposed product, process, service or technical device
technology and the likelihood of increased job creation impact that may result
from project financing. In no instance shall the Department's participation in
an investment or loan portfolio of any authorized
participating lender or investor exceed $2,000,000 at one time.
(b) A loan made for company modernization or retooling may be for any
purpose consistent with the objectives of this Act including, but not
limited to, purchases of advanced machinery, equipment and tooling;
organizational expenses for services, personnel training, corporate
restructuring; working capital; acquisition, improvement or rehabilitation of
land and buildings which are an integral part of a new production or process
technology; or any other business expense reasonably related to the project. In
determining if a loan is to be provided, the Department shall determine whether
there will be an expected improvement in production levels, quality of output
or timeliness of delivery and that the number of jobs to be created or retained
is reasonable in relation to the loan funds requested. A loan to eligible
applicants for modernization or retooling shall not be made for more than
$500,000 or for more than 25% of the business project costs unless the Director
of the Department determines that a waiver of these limits is required to meet
the purposes of this Act.
(c) Grants may be made for the purpose of financing feasibility studies,
competitive assessments or productivity services which the Department
determines may result in technology enhancement, retooling, restructuring
or other competitiveness improvements. In determining the amount of a
grant, the Department shall: (i) examine the level of expertise of the
consultant or firm undertaking the feasibility study or competitive
assessment; (ii) evaluate the likelihood of an applicant's proposed
feasibility study or competitive assessment resulting in a substantial
improvement in the applicant's operations; (iii) determine whether that
improvement will result in the creation or retention of jobs. Grants to
eligible applicants shall not exceed $100,000 or 50% of the project costs
unless the Director of the Department determines that a waiver of these
limits is required to meet the purposes of this Act.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3004.5)
Sec. 3004.5.
Illinois Technology Enterprise Centers Requirements.
(a) The Department may, subject to available appropriated funds, working
with the Illinois Coalition,
establish one or more regional technology enterprise development centers whose
mission is to assist
entrepreneurs, innovators, and start-up firms in high-growth, high technology
sectors in furthering the
technical or managerial skills of owners; aid the ventures in locating
financing; and help new companies
with product development and marketing in support of new venture formation
within the State.
(b) The Department may provide grants or may provide cost share or
reimbursements pursuant to
this Section to support the operation of technology enterprise development
centers. Grants awarded
pursuant to this Article may be used to help subsidize expenses, as approved by
the Department, for
revolving funds, personnel, support costs, capital improvements, equipment,
contractual services,
commodities, including telecommunication or other costs.
(c) Technology enterprise development centers may provide crucial business
information at
affordable prices for firms that are developing early-stage,
technology-oriented manufacturing including
(i) general or short-term assistance, general outreach, feasibility studies for
new venture formation, and
research assistance for new venture creation; (ii) innovation evaluation and
market research to evaluate
the viability of technology, product, or service or the market potential of
technology, product, or service; (iii)
technical assistance related to management and operations and strategic
partnering
and assistance in the
implementation of strategic manufacturing and marketing alliances; and (iv)
service in locating new
technologies or technological solutions.
(d) Technology enterprise development centers may provide financial services
that include (i)
financial packaging to enhance proposals and make companies more competitive
for federal or private
funding; (ii) access to private investor capital through venture capital
events and regional venture capital
networking programs; and (iii) management of local for-profit or limited profit
seed capital funds.
(e) Technology enterprise development centers may address local shortfalls
of
capital to
commercialize new technology by providing pre-seed financing to start-up,
technology-based businesses.
Financing options could include micro-loans, small grants, and equity
investment capital for seed funding,
product commercialization and prototype development, and commercial
introduction and marketing.
(f) The Department may provide grant funds made available to support
professional development
and capacity building of the technology enterprise development centers within
the State as may be
required for the administration, operations, research, analysis, or training of
the centers.
(g) In determining which applicants shall be awarded a grant, the Department
shall conduct an
evaluation of prior compliance with loan or grant awards; the relationship of
a proposed project to the
State's future economic growth; the qualifications and expertise of
organizations undertaking the effort; the
applicant's understanding of the requirements and needs of entrepreneurs,
innovators, and start-up firms in
high-growth, high technology sectors; the potential of the applicant's project
to provide an economic benefit
of the State; and the likelihood that the project has a potential for creating
new ventures in the State.
(h) The Director of the Department shall determine the level of the grant
award and shall determine
the share of total directly attributable costs of the project that may be
considered for funding under this
Article.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3005) (from Ch. 127, par. 3703-5)
Sec. 3005.
Eligible applicants - forms of assistance.
Financial
assistance may be made to, or on behalf of, any for profit entity, sole
proprietorship, partnership, corporation or joint venture carrying on
business, or organized to carry on business, in this State. Financial
assistance authorized under this Article may be in the form of
participation agreements with participating lenders, direct loans, grant
agreements, purchases of qualified security or any other form as determined
by the Department.
(Source: P.A. 86-870.)
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(20 ILCS 700/Art. 3.5 heading) ARTICLE 3.5.
BUSINESS MODERNIZATION INITIATIVE
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(20 ILCS 700/3501)
Sec. 3501.
Business Modernization Initiative.
The Department may create
one or more programs under this Article to assist the State's existing
mature business and industry base to adopt and use appropriate technologies.
The programs may vary in breadth of activities, services, and projects in
accordance with the level or complexity of the manufacturers' needs or
problems. The Department's programs shall emphasize
the provision of
comprehensive assistance.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3505)
Sec. 3505.
Modernization Retooling Loan Program.
(a) The Department may establish,
subject to available appropriated funds, a loan program that will
improve businesses' production systems and work organization to
preserve and create private sector jobs by increasing the firms'
long-term
competitive viability. The program may provide loans to, or on behalf of,
the State's mature, small, or medium-sized businesses for the modernization and
installation of advanced technologies or processes.
(b) A loan made for company modernization or retooling may
be for any purpose consistent with the objectives of this Act including, but
not limited to, purchases of advanced machinery, equipment, and tooling;
organizational expenses for services, personnel training, and corporate
restructuring; working capital; acquisition, improvement, or rehabilitation
of land and buildings that are an integral part of a new production or process
technology; or any other business expense reasonably related to the
project. No loan made by the Department shall
be used to pay for the retirement of previous debt unless the debt is a part
of the purchase or lease of machinery or equipment that is being upgraded.
(c) In determining if a loan is to be provided, the Department
shall determine whether there will be an expected improvement in production
levels, quality of output, or timeliness of
delivery and that the number of jobs to be created or retained is reasonable in
relation to the loan funds requested. A loan to an eligible applicant for
modernization or retooling shall not be made for more than $500,000 or for more
than 25% of the business project costs unless the Director
determines that a waiver of these limits is required to meet the purposes of
this Act.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3510)
Sec. 3510.
Development Corporation Program.
(a) The Department may provide,
subject to available appropriated funds, financial assistance to the
State's mature, small, or medium-sized businesses through development
corporations that assume a responsibility for the administration of the loan
projects for the modernization and installation of advanced technologies.
(b) Development corporation financial assistance may be in the form of
direct loans, grants, or purchases of qualified security investments or
financial
assistance. Development credit corporations, financial intermediaries, or
other
entities whose purpose includes financing, promoting, or encouraging
commercialization, adoption, or implementation of advanced technologies,
processes, or products, as determined by the Department, may participate in
this
program.
(c) Financial assistance authorized under this Section shall be used by
the development corporation for loans or investments to firms to improve the
businesses' production systems and work organization that will
preserve and create private sector jobs by increasing the firms' long-term
competitive viability and may be used for the planning and operation of the
development corporation as approved by the Department through its agreement
with the development corporation.
(d) The Department is authorized to rely upon, and may provide for in
the execution of an agreement, the participating lender's or investor's review
on
behalf of the State and approval of the credit, collateral security, and
documentation; determination of eligibility, economic results expected, and the
prospects for viability and repayment; the collection and use of fees,
premiums,
or charges; the organization, servicing, and disbursement of financial
assistance; and such other purposes and activities as the Department, in its
sole discretion, shall determine to be reasonable, appropriate, and
consistent with the purposes of this Article.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3515)
Sec. 3515.
Modernization grants.
(a) Subject to available appropriated
funds, modernization grants may be made for the purpose of
financing, competitive assessments, or productivity improvement services
that the Department determines may result in technology enhancement,
retooling, restructuring, or other competitiveness improvements. Grants may
be made to, or on
behalf of, Illinois' mature, small, or medium-sized businesses for (i)
undertaking feasibility studies, competitiveness assessments, and productivity
audits to restore their businesses' competitiveness or (ii) the
modernization and installation of advanced manufacturing systems or processes
that will improve the businesses' production systems and work organization, or
will preserve and create private sector jobs by increasing the
firms' long-term competitive viability.
(b) Assistance authorized under this Section may be in the form
of direct grant agreements, agreements with private sector consultants on
behalf of a firm, or agreements with participating intermediary organizations
as authorized under Article 1.
(c) In determining the amount of a modernization grant,
the Department shall: (i) examine the level of expertise of the consultant or
firm undertaking the
competitiveness assessment or productivity improvement services; (ii)
evaluate the likelihood of an applicant's proposed competitiveness assessment
or productivity improvement
services resulting in a substantial improvement in the applicant's
operations; and (iii) determine whether improvement will result in the creation
or retention of jobs. Modernization grants to
eligible applicants shall not exceed $100,000 or 50% of the project costs,
unless the Director determines that a waiver of these limits
is required to meet the purposes of this Act.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3520)
Sec. 3520.
Manufacturing Extension Program.
(a) The
Department may establish, subject to available appropriated funds, a program of
statewide manufacturing extension centers serving the
geographic needs of the State's manufacturers, whose mission is to assist small
or medium-sized manufacturers with technological advancement, for
continuous improvement of business practices for these
firms to be better positioned to succeed against global competition.
(b) The Department may provide grants or may provide cost share or
reimbursements under this Section to support the operation of
manufacturing extension deliverers, including organizations financed through a
federal manufacturing extension partnership program. Manufacturing extension
deliverers can include universities and colleges, regional or sectorial based
organizations, technical
societies, or other similar groups.
(c) The Department may provide grant funds made available under
this Act to support professional development and capacity building of the
manufacturing extension system within the State as may be required for the
administration, operations, research, analysis, promotion, or training of
geographic based manufacturing extension centers.
(d) In determining which applicants shall be awarded a grant,
the Department shall conduct an evaluation of prior compliance with awards
programs; the relationship of a proposed project to the State's future economic
growth; the qualifications and expertise of organizations undertaking the
effort; the applicant's understanding of the requirements and needs of the
target groups served; the potential of the applicant's project to provide an
economic benefit of the State; the methods engaged to measure and track
performance; and the likelihood that the project has a potential for improving
the competitiveness of small and mid-sized manufacturers.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3525)
Sec. 3525.
Manufacturing and Export Base Services.
(a) The Department may, subject to available appropriated funds, establish a
program of statewide
assistance to the manufacturing and services export base of the State serving
the sector-wide needs of
small and medium-sized companies.
(b) The Department may provide grants, cost share funds, or reimbursements:
to
State or substate
programs providing better access to information; to reduce the impediments to
the flow of technical
information; and to provide Illinois manufacturers, producer firms, and export
services firms with better or
more timely access to the State's and the nation's technology base, including
industrial and engineering
consulting practices, university and research laboratory based engineers,
private commercial product
vendors, and other sources of technology or non-technology services.
(c) The Department may provide grants to those private, public, and
non-profit research institutions
and organizations that agree to serve as an intermediary to achieve the purpose
set forth in this Section
that continues to ensure Illinois' economic vitality and competitiveness.
(d) The Department may seek out applicants that may be considered for a
grant, and may
provide an award based on the qualifications and expertise of organizations
undertaking the effort, the
applicants understanding of the requirements and needs of the target groups
served, and the likelihood that
the proposed project will improve the State's future economic potential.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/3530)
Sec. 3530.
Eligible applicants; forms of
assistance. Financial assistance may be made to, or on behalf of, any
for-profit entity, sole proprietorship, partnership, corporation, or joint
venture
carrying on business, or organized to carry on business, in this State.
Financial assistance authorized under this Article may be made available
to not-for-profit organizations,
including educational agencies, business or trade associations, economic
development organizations, and participating lenders, in the form of
participation agreements,
direct loans, grant agreements, purchases of
qualified security, or any other form as determined by the Department.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/Art. 4 heading) ARTICLE 4
GENERAL PROVISIONS
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(20 ILCS 700/4001) (from Ch. 127, par. 3704-1)
Sec. 4001.
Third party award challenge.
Applicants denied funds by the
Department in accordance with the provisions of this Act shall not be
construed to be conveyed with the right to challenge the awarding of funds
by the Department to successful applicants, nor to challenge any loan or
other agreement executed in connection therewith.
(Source: P.A. 86-870.)
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(20 ILCS 700/4002) (from Ch. 127, par. 3704-2)
Sec. 4002.
Confidentiality.
Any documentary materials or data made or
received by any member, agent or employee of the Department, consisting of
trade secrets, commercial or financial information regarding the operation of
any enterprise conducted by an applicant applying for funding under this
Act, or regarding the competitive position of such enterprise in a
particular field of endeavor, shall be deemed to be confidential and shall
not be deemed public records; provided, however, that if the Department
purchases a qualified security from such enterprise, the commercial and
financial information, excluding trade secrets, shall be deemed to become a
public record of the Department after expiration of 3 years from the date
of purchase of the qualified security to the extent that the information is
available to the holder of the qualified security. Information deemed
confidential under the provisions of this Section shall be exempt from
inspection or reproduction as provided under subsection (g) of Section 7 of The Freedom of
Information Act.
(Source: P.A. 86-870.)
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(20 ILCS 700/4003) (from Ch. 127, par. 3704-3)
Sec. 4003.
Federal programs.
The Department is authorized to accept and
expend federal monies in furtherance of this Act and to use funds
appropriated under this Act for programs pending reimbursement from federal
funds, except that the terms and
conditions established under this Act, which are inconsistent with or
prohibited by the federal authorization under which such monies are made
available, shall not apply with respect to the expenditure of such monies.
(Source: P.A. 91-476, eff. 8-11-99.)
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(20 ILCS 700/4004) (from Ch. 127, par. 3704-4)
Sec. 4004.
Disclaimer.
Recipients of funding provided under this Act
shall hold the State of Illinois and divisions thereof harmless for any and
all claims and actions based upon and arising out of any services performed
under the funding agreement by the recipient or the recipient's associates and employees.
(Source: P.A. 86-870.)
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(20 ILCS 700/4005)
Sec. 4005. (Repealed).
(Source: P.A. 86-870. Repealed by P.A. 94-91, eff. 7-1-05.)
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