093_SB0823ham001

 










                                     LRB093 02846 DRH 16737 a

 1                    AMENDMENT TO SENATE BILL 823

 2        AMENDMENT NO.     .  Amend Senate Bill 823  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.  Short  title.  This Act may be cited as the
 5    Asthma Control Council Act.

 6        Section 5. Asthma Control Council.
 7        (a) There is established an Asthma  Control  Council.  It
 8    shall  consist  of  the Lieutenant Governor, who shall act as
 9    Chair, the Director of Public Health, the Director  of  Human
10    Services,   the   Director   of   Public   Aid,   the   State
11    Superintendent of Education, or their designees, and 7 people
12    appointed  by  the  Lieutenant  Governor.  The members of the
13    Council  shall  serve  without  pay  but  may  be  reimbursed
14    necessary travel expenses.
15        (b) The Council shall  organize  itself  and  elect  from
16    among its members other officers deemed necessary.
17        (c)  The  Council  shall  adopt,  by  a  majority  of the
18    members, written  recommendations  for  the  control  of  and
19    minimization  of asthma in Illinois within one year after the
20    effective date of this Act and submit its recommendations  to
21    the Governor and the General Assembly.
 
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 1        Section   10.   The  Illinois  Investment and Development
 2    Authority Act is amended by changing Section 15 as follows:

 3        (20 ILCS 3820/15)
 4        Sec. 15.  Creation of Illinois Investment and Development
 5    Authority; members.
 6        (a)  There  is  created  a  political  subdivision,  body
 7    politic and corporate, to be known as the Illinois Investment
 8    and Development Authority.  The exercise by the Authority  of
 9    the  powers  conferred  by  law  shall be an essential public
10    function.  The governing powers of  the  Authority  shall  be
11    vested  in  a body consisting of 11 members, including, as ex
12    officio members, the Lieutenant Governor, who  shall  act  as
13    chair,  the  Commissioner  of  Banks  and Real Estate and the
14    Director  of  Commerce  and  Community   Affairs   or   their
15    designees.   The  other 8 9 members of the Authority shall be
16    appointed by the Governor, with the advice and consent of the
17    Senate, and shall be designated "public members".  The public
18    members shall include representatives from  banks  and  other
19    private  financial services industries, community development
20    finance experts,  small  business  development  experts,  and
21    other  community  leaders.   Not  more  than 6 members of the
22    Authority  may  be  of  the  same   political   party.    The
23    Chairperson  of  the  Authority  shall  be  designated by the
24    Governor from among its public members.
25        (b)  Six members of  the  Authority  shall  constitute  a
26    quorum. However, when a quorum of members of the Authority is
27    physically  present  at  the  meeting  site,  other Authority
28    members may participate in and act at any meeting through the
29    use  of  a  conference  telephone  or  other   communications
30    equipment  by means of which all persons participating in the
31    meeting can hear each other.  Participation in  such  meeting
32    shall  constitute  attendance  and  presence in person at the
33    meeting of the person  or  persons  so  participating.    All
 
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 1    official  acts of the Authority shall require the approval of
 2    at least 5 members.
 3        (c)  Of the members initially appointed by  the  Governor
 4    pursuant to this Act, 3 shall serve until the third Monday in
 5    January,  2004,  3  shall  serve  until  the  third Monday in
 6    January, 2005, and 3 shall serve until the  third  Monday  in
 7    January,  2006 and all shall serve until their successors are
 8    appointed and qualified. Of the 3 members initially appointed
 9    to serve until the third Monday in January, 2004,  successors
10    shall  be  appointed  for only 2 of the members and the other
11    member shall not be replaced after his or her  term  expires.
12    All  successors  shall  hold  office  for  a  term of 3 years
13    commencing on the third Monday in  January  of  the  year  in
14    which  their term commences, except in case of an appointment
15    to fill a vacancy. Each member appointed under  this  Section
16    who  is  confirmed by the Senate shall hold office during the
17    specified term and until his or her  successor  is  appointed
18    and  qualified.   In  case  of vacancy in the office when the
19    Senate is not in session, the Governor may make  a  temporary
20    appointment  until  the  next meeting of the Senate, when the
21    Governor shall nominate such person to fill the  office,  and
22    any person so nominated who is confirmed by the Senate, shall
23    hold  his  or her office during the remainder of the term and
24    until his or her successor is appointed and qualified.
25        (d)  Members of the Authority shall not  be  entitled  to
26    compensation  for  their  services  as  members, but shall be
27    entitled to reimbursement for all necessary expenses incurred
28    in  connection  with  the  performance  of  their  duties  as
29    members.
30        (e)  The Governor may remove any  public  member  of  the
31    Authority  in  case  of  incompetency,  neglect  of  duty, or
32    malfeasance in office, after service on the member of a  copy
33    of  the written charges against him or her and an opportunity
34    to be publicly heard in person or by counsel in  his  or  her
 
                            -4-      LRB093 02846 DRH 16737 a
 1    own defense upon not less than 10 days notice.
 2    (Source: P.A. 92-864, eff. 6-1-03.)

 3        Section   15.   The  Public  Utilities  Act is amended by
 4    changing Section 16-111.1 as follows:

 5        (220 ILCS 5/16-111.1)
 6        Sec. 16-111.1.  Illinois Clean Energy Community Trust.
 7        (a)  An electric utility which has  sold  or  transferred
 8    generating  facilities  in  a transaction to which subsection
 9    (k) of Section 16-111 applies is authorized to  establish  an
10    Illinois  clean  energy community trust or foundation for the
11    purposes of providing financial  support  and  assistance  to
12    entities,  public  or  private,  within the State of Illinois
13    including, but not limited  to,  units  of  State  and  local
14    government,   educational   institutions,  corporations,  and
15    charitable,   educational,   environmental   and    community
16    organizations,  for  programs  and  projects that benefit the
17    public by improving energy efficiency,  developing  renewable
18    energy  resources,  supporting  other energy related projects
19    that  improve  the   State's   environmental   quality,   and
20    supporting  projects  and  programs  intended  to preserve or
21    enhance the natural habitats and wildlife areas of the State.
22    Provided, however, that the trust or foundation  funds  shall
23    not  be  used for the remediation of environmentally impaired
24    property.   The  trust  or  foundation  may  also  assist  in
25    identifying   other   energy    and    environmental    grant
26    opportunities.
27        (b)  Such  trust  or  foundation  shall  be governed by a
28    declaration of trust or articles of incorporation and  bylaws
29    which shall, at a minimum, provide that:
30             (1)  The  Lieutenant  Governor  shall be chairman of
31        the Trust. There shall be 7  6  voting  trustees  of  the
32        trust  or foundation, one of whom shall be the Lieutenant
 
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 1        Governor, one of whom shall be appointed by the Governor,
 2        one of whom shall be appointed by the  President  of  the
 3        Illinois  Senate,  one  of whom shall be appointed by the
 4        Minority Leader of the Illinois Senate, one of whom shall
 5        be appointed by the Speaker  of  the  Illinois  House  of
 6        Representatives,  one  of  whom shall be appointed by the
 7        Minority Leader of the Illinois House of Representatives,
 8        and one of  whom  shall  be  appointed  by  the  electric
 9        utility  establishing  the  trust or foundation, provided
10        that the voting trustee appointed by the utility shall be
11        a representative of  a  recognized  environmental  action
12        group  selected  by  the  utility.   The  Governor  shall
13        designate  one  of  the  6  voting  trustees  to serve as
14        chairman of the trust or foundation, who shall  serve  as
15        chairman  of  the  trust or foundation at the pleasure of
16        the Governor. In addition, there shall  be  4  non-voting
17        trustees,  one of whom shall be appointed by the Director
18        of the Department of Commerce and Community Affairs,  one
19        of  whom  shall  be  appointed  by  the  Director  of the
20        Illinois Environmental Protection  Agency,  one  of  whom
21        shall  be  appointed by the Director of the Department of
22        Natural Resources, and one of whom shall be appointed  by
23        the   electric   utility   establishing   the   trust  or
24        foundation,  provided   that   the   non-voting   trustee
25        appointed  by the utility shall bring financial expertise
26        to the trust or foundation  and  shall  have  appropriate
27        credentials therefor.
28             (2)  All  voting trustees and the non-voting trustee
29        with   financial   expertise   shall   be   entitled   to
30        compensation for their services  as  trustees,  provided,
31        however,  that  no  member of the General Assembly and no
32        employee of the electric utility establishing  the  trust
33        or  foundation  serving as a voting trustee shall receive
34        any compensation for his or her services  as  a  trustee,
 
                            -6-      LRB093 02846 DRH 16737 a
 1        and   provided  further  that  the  compensation  to  the
 2        chairman of the trust shall not exceed  $25,000  annually
 3        and  the  compensation  to  any  other  trustee shall not
 4        exceed $20,000 annually.  All trustees shall be  entitled
 5        to  reimbursement  for  reasonable  expenses  incurred on
 6        behalf of the trust in the performance of their duties as
 7        trustees.  All such compensation and reimbursements shall
 8        be paid out of the trust.
 9             (3)  Trustees shall  be  appointed  within  30  days
10        after  the  creation of the trust or foundation and shall
11        serve for a term of 5 years commencing upon the  date  of
12        their  respective  appointments,  until  their respective
13        successors are appointed and qualified.
14             (4)  A vacancy in the office  of  trustee  shall  be
15        filled  by  the person holding the office responsible for
16        appointing the trustee whose death or resignation creates
17        the vacancy, and a trustee appointed to  fill  a  vacancy
18        shall  serve  the  remainder  of  the term of the trustee
19        whose resignation or death created the vacancy.
20             (5)  The  trust  or   foundation   shall   have   an
21        indefinite  term,  and shall terminate at such time as no
22        trust assets remain.
23             (6)  The trust or foundation shall be funded in  the
24        minimum  amount  of $250,000,000, with the allocation and
25        disbursement of funds for the various purposes for  which
26        the  trust  or foundation is established to be determined
27        by the trustees in accordance  with  the  declaration  of
28        trust  or  the  articles  of  incorporation  and  bylaws;
29        provided,  however, that this amount may be reduced by up
30        to $25,000,000 if, at the time the trust or foundation is
31        funded, a corresponding  amount  is  contributed  by  the
32        electric  utility establishing the trust or foundation to
33        the Board of Trustees of Southern Illinois University for
34        the purpose of funding programs or  projects  related  to
 
                            -7-      LRB093 02846 DRH 16737 a
 1        clean  coal  and provided further that $25,000,000 of the
 2        amount contributed to the trust or  foundation  shall  be
 3        available  to  fund programs or projects related to clean
 4        coal.
 5             (7)  The trust or foundation shall be authorized  to
 6        employ  an  executive  director  and  other employees, to
 7        enter into leases, contracts  and  other  obligations  on
 8        behalf  of the trust or foundation, and to incur expenses
 9        that the trustees deem necessary or appropriate  for  the
10        fulfillment  of  the  purposes  for  which  the  trust or
11        foundation  is  established,  provided,   however,   that
12        salaries  and  administrative expenses incurred on behalf
13        of the trust or foundation shall not exceed  $500,000  in
14        the  first  fiscal  year after the trust or foundation is
15        established and  shall  not  exceed  $1,000,000  in  each
16        subsequent fiscal year.
17             (8)  The  trustees  may  create and appoint advisory
18        boards  or   committees   to   assist   them   with   the
19        administration  of the trust or foundation, and to advise
20        and  make   recommendations   to   them   regarding   the
21        contribution  and disbursement of the trust or foundation
22        funds.
23        (c)(1)  In addition to the allocation and disbursement of
24        funds for the purposes set forth  in  subsection  (a)  of
25        this  Section,  the  trustees  of the trust or foundation
26        shall annually contribute funds in amounts set  forth  in
27        subparagraph  (2)  of  this  subsection  to  the Citizens
28        Utility Board created by the Citizens Utility Board  Act;
29        provided,  however,  that  any  such  funds shall be used
30        solely for the representation of the interests of utility
31        consumers before the Illinois  Commerce  Commission,  the
32        Federal  Energy  Regulatory  Commission,  and the Federal
33        Communications  Commission  and  for  the  provision   of
34        consumer  education  on utility service and prices and on
 
                            -8-      LRB093 02846 DRH 16737 a
 1        benefits and methods of  energy  conservation.  Provided,
 2        however,  that  no  part  of  such funds shall be used to
 3        support  (i)  any  lobbying  activity,  (ii)   activities
 4        related   to  fundraising,  (iii)  advertising  or  other
 5        marketing efforts regarding a particular utility, or (iv)
 6        solicitation of support for, or advocacy of, a particular
 7        position regarding any specific utility  or  a  utility's
 8        docketed proceeding.
 9             (2)  In  the  calendar  year  in  which the trust or
10        foundation is first funded, the trustees shall contribute
11        $1,000,000 to the Citizens Utility Board within  60  days
12        after  such trust or foundation is established; provided,
13        however, that  such  contribution  shall  be  made  after
14        December  31,  1999.   In  each  of  the 6 calendar years
15        subsequent to the first contribution,  if  the  trust  or
16        foundation is in existence, the trustees shall contribute
17        to  the  Citizens  Utility  Board  an amount equal to the
18        total expenditures by  such  organization  in  the  prior
19        calendar  year,  as  set forth in the report filed by the
20        Citizens Utility Board with the chairman of such trust or
21        foundation  as  required  by  subparagraph  (3)  of  this
22        subsection.  Such subsequent contributions shall be  made
23        within  30  days  of  submission  by the Citizens Utility
24        Board of such report to the  Chairman  of  the  trust  or
25        foundation, but in no event shall any annual contribution
26        by  the  trustees  to  the  Citizens Utility Board exceed
27        $1,000,000.  Following such 7-year  period,  an  Illinois
28        statutory  consumer  protection  agency  may petition the
29        trust   or   foundation   for   contributions   to   fund
30        expenditures of the type identified in paragraph (1), but
31        in no event shall annual contributions by  the  trust  or
32        foundation for such expenditures exceed $1,000,000.
33             (3)  The  Citizens Utility Board shall file a report
34        with the chairman of such trust or  foundation  for  each
 
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 1        year  in  which  it  expends  any funds received from the
 2        trust or foundation  setting  forth  the  amount  of  any
 3        expenditures  (regardless of the source of funds for such
 4        expenditures)  for:  (i)  the   representation   of   the
 5        interests   of  utility  consumers  before  the  Illinois
 6        Commerce  Commission,  the  Federal   Energy   Regulatory
 7        Commission,  and  the  Federal Communications Commission,
 8        and (ii) the provision of consumer education  on  utility
 9        service  and prices and on benefits and methods of energy
10        conservation.  Such report  shall  separately  state  the
11        total   amount   of  expenditures  for  the  purposes  or
12        activities identified by  items  (i)  and  (ii)  of  this
13        paragraph, the name and address of the external recipient
14        of  any such expenditure, if applicable, and the specific
15        purposes or activities (including  internal  purposes  or
16        activities)  for  which  each  expenditure was made.  Any
17        report required by this subsection shall  be  filed  with
18        the  chairman  of  such trust or foundation no later than
19        March 31 of the year immediately following the  year  for
20        which the report is required.
21    (Source: P.A. 91-50, eff. 6-30-99; 91-781, eff. 6-9-00.)

22        Section  20.   The Illinois Community Development Finance
23    Corporation Act is amended by changing Section 2 as follows:

24        (315 ILCS 15/2) (from Ch. 67 1/2, par. 712)
25        Sec. 2.  There is  hereby  created  a  body  politic  and
26    corporate  to  be known as the Illinois Community Development
27    Finance Corporation or CDFC.
28        The Corporation shall consist of 9 directors, one of whom
29    shall be the Lieutenant Governor  Director  of  Commerce  and
30    Community  Affairs  or his or her designee who shall serve as
31    chairman. The Governor shall appoint the remaining 8  members
32    and  these  appointees  must  possess experience in business,
 
                            -10-     LRB093 02846 DRH 16737 a
 1    labor,   management,   finance,   or    community    economic
 2    development.      Membership  in  a  CDC  will  not  preclude
 3    appointment as a Director, but neither shall such  membership
 4    be  a  prerequisite for appointment. Each member appointed by
 5    the Governor shall serve a term of 5 years,  except  that  in
 6    making  his  initial  appointments the Governor shall appoint
 7    one member to serve for a term of one  year,  one  member  to
 8    serve  for  a  term  of  2  years, one member for a term of 3
 9    years, 2 members for a term of 4 years, and one member for  a
10    term  of  5  years.  The  additional  member appointed by the
11    Governor pursuant to this amendatory Act of the 91st  General
12    Assembly  shall  serve  for  an  initial  term  of  2  years;
13    thereafter,  each  such  member  shall  serve for a term of 5
14    years as in the case of the other members.
15        Any person appointed to fill a vacancy in the office of a
16    member shall be appointed in a like manner  and  shall  serve
17    for only the unexpired term. Any member shall be eligible for
18    reappointment.    Any   member   may   be  removed  from  his
19    appointment  by  the  Governor  only  for  good  cause.   The
20    directors shall  annually  elect  one  of  their  members  as
21    vice-chairman  and  designate  a secretary-treasurer who need
22    not be a member of the board.  The secretary-treasurer  shall
23    keep a record of the proceedings of the corporation and shall
24    be  the  custodian  of all books, documents, and papers filed
25    with the corporation, the minute books of the corporation and
26    of its official seal.
27        Five of the directors of the corporation shall constitute
28    a quorum and 5 affirmative votes shall be necessary  for  the
29    transaction  of  business  or  the  exercise  of any power or
30    function of the corporation. Each director shall be  entitled
31    to  reimbursement  for  his  actual  and  necessary  expenses
32    incurred in the performance of his official duties.
33        The  corporation may contract with or otherwise deal with
34    any public nonprofit  community  development  corporation  or
 
                            -11-     LRB093 02846 DRH 16737 a
 1    cooperative  organized  to carry out the purposes of this Act
 2    of which any director of the corporation is also a member  or
 3    officer,  provided that such interest is disclosed in advance
 4    to members of the board and recorded in the  minutes  of  the
 5    corporation and provided further that no director having such
 6    a   financial   interest  may  participate  in  any  decision
 7    affecting such transaction.
 8        The president of the corporation shall be  appointed  and
 9    his  salary  established  by  the  board  of  directors.  The
10    president shall be the chief administrative  and  operational
11    officer  of  the  corporation  and shall direct and supervise
12    administrative affairs and  the  general  management  of  the
13    corporation.   The  president may employ such other employees
14    as shall be designated  by  the  board  of  directors,  shall
15    attend meetings of the board of directors, shall cause copies
16    to  be made of all minutes and other records and documents of
17    the corporation and shall certify that such copies  are  true
18    copies, and all persons dealing with the corporation may rely
19    upon such certification.
20    (Source: P.A. 91-804, eff. 6-13-00.)".