Full Text of HB1471 96th General Assembly
HB1471ham001 96TH GENERAL ASSEMBLY
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Rep. Luis Arroyo
Filed: 4/2/2009
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| AMENDMENT TO HOUSE BILL 1471
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| AMENDMENT NO. ______. Amend House Bill 1471 by replacing | 3 |
| everything after the enacting clause with the following:
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| "ARTICLE 1 | 5 |
| Section 1-1. Short title. This Article may be cited as the | 6 |
| Illinois Works for Illinoisans Law. | 7 |
| Section 1-5. Purpose. The purpose of this Article is to | 8 |
| promote the State's interest in the creation and expansion of | 9 |
| businesses, particularly those that create well-paying and | 10 |
| sustainable jobs for the People of the State of Illinois. | 11 |
| Section 1-10. Businesses receiving contracts under a | 12 |
| capital plan. | 13 |
| (a) If the State adopts a capital plan during the 96th | 14 |
| General Assembly, then 60% of the businesses that receive |
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| contracts for transportation and infrastructure-related | 2 |
| projects under that plan must be located within the State. | 3 |
| (b) Notwithstanding any other provision of law, it is | 4 |
| established as a goal of the State that, of the workers who are | 5 |
| employed on transportation or infrastructure-related projects | 6 |
| funded by a capital plan, at least 40% shall be minority | 7 |
| persons and at least 10% shall be female. For the purposes of | 8 |
| this Section, "minority person" and "female" shall have the | 9 |
| same meaning
as
defined in
Section 2 of the Business Enterprise | 10 |
| for Minorities, Females, and Persons with
Disabilities Act. | 11 |
| ARTICLE 2 | 12 |
| Section 2-1. Short title. This Article may be cited as the | 13 |
| Structural Steel Coating Law. | 14 |
| Section 2-5. Structural steel coating requirements. | 15 |
| (a) All newly constructed State infrastructure that is | 16 |
| comprised of structural steel must use a maintenance coating | 17 |
| system to address critical corrosion, including crevice | 18 |
| corrosion, corrosion between joints and connections, and | 19 |
| corrosion involving frozen bearings. | 20 |
| (b) Within 90 days after the effective date of this Act, | 21 |
| the Illinois Department of Transportation shall commence a | 22 |
| study of all bridges within the State that have been in use for | 23 |
| at least 5 years prior to the effective date of this Act. The |
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| study must address the level of corrosion on each of those | 2 |
| bridges and the need for repair or maintenance. | 3 |
| ARTICLE 3 | 4 |
| Section 3-1. Short title. This Article may be cited as the | 5 |
| Business Creation and Expansion Law. | 6 |
| Section 3-5. Purpose. The purpose of this Article is to | 7 |
| promote the State's interest in the creation and expansion of | 8 |
| businesses, particularly those that create well-paying and | 9 |
| sustainable jobs for the People of the State of Illinois. | 10 |
| Section 3-10. Definitions. | 11 |
| "Agreement" means one or more legally enforceable | 12 |
| contracts executed by and between an agency and a contracting | 13 |
| party for a business creation grant or business expansion loan.
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| "Business" means an individual, partnership, corporation, | 15 |
| or other entity that is located or will be located within the | 16 |
| State of Illinois and that is engaged in interstate or | 17 |
| intrastate commerce or providing services in interstate or | 18 |
| intrastate commerce.
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| "Department" means the Illinois Department of Commerce and | 20 |
| Economic Opportunity.
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| "Grant" means a business creation grant.
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| "Loan" means a business expansion loan.
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| "Project" means any specific activity of a business, the | 2 |
| result of which yields an increase in jobs, and may include | 3 |
| capital investment.
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| Section 3-15. Business Creation and Expansion Program. | 5 |
| Starting in State fiscal year 2009, moneys in the Business | 6 |
| Creation and Expansion Fund, held solely for the benefit of | 7 |
| eligible contracting parties, shall be appropriated to the | 8 |
| Department to make business creation grants and business | 9 |
| expansion loans to eligible businesses. No less than | 10 |
| three-fourths of the funds may be used for business creation | 11 |
| grants, and no more than one-fourth of the funds may be used | 12 |
| for business expansion loans. The Department may provide a | 13 |
| business creation grant or a business expansion loan to a | 14 |
| business upon application to the Department on such terms as | 15 |
| the Department may establish. | 16 |
| Section 3-20. Business Creation Grants. | 17 |
| (a) A grant to an eligible business may not exceed 10% of | 18 |
| the total cost of a project. | 19 |
| (b) A grant to an eligible business may be used for any one | 20 |
| or more of the following purposes:
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| (1) Capital investment including, but not limited to, | 22 |
| equipment, buildings, and land.
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| (2) Infrastructure development.
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| (3) Debt service, except refinancing of current debt.
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| (4) Research and development.
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| (5) Job training and education.
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| (6) Lease costs.
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| (7) Relocation costs.
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| (c) A grant may not be extended for a project unless the | 6 |
| Department determines that the project would not be undertaken | 7 |
| unless the grant is extended.
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| (d) The Department shall approve or deny a grant | 9 |
| application only after considering the history, job | 10 |
| opportunities, financial statements, market prospects, and | 11 |
| management qualifications of the business or project.
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| Section 3-25. Business Expansion Loans. | 13 |
| (a) A loan shall be a long-term, fixed-rate, low-interest | 14 |
| loan. For purposes of this Section, "long-term fixed-rate, | 15 |
| low-interest loan" means a term of more than 3 years at below | 16 |
| the prime rate then current in the major money centers.
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| (b) A loan to an eligible business shall not finance more | 18 |
| than 25% of the total cost of a project.
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| (c) A loan may not be extended for a project unless the | 20 |
| Department determines that the project would not be undertaken | 21 |
| unless the loan is extended.
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| (d) The Department shall approve or deny a loan application | 23 |
| only after considering the history, job opportunities, | 24 |
| financial statements, market prospects, and management | 25 |
| qualifications of the business or project.
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| ARTICLE 5 | 2 |
| Section 5-5. The State Finance Act is amended by adding | 3 |
| Sections 5.721, 5.722, 6z-76, and 6z-77 as follows: | 4 |
| (30 ILCS 105/5.721 new)
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| Sec. 5.721. The GROW Illinois Fund. | 6 |
| (30 ILCS 105/5.722 new)
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| Sec. 5.722. The Business Creation and Expansion Fund. | 8 |
| (30 ILCS 105/6z-76 new)
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| Sec. 6z-76. The GROW Illinois Fund. | 10 |
| (a) There is created the GROW Illinois Fund, a special fund | 11 |
| in the State treasury. GROW is an acronym for "Growing and | 12 |
| Revitalizing Our Workforce". | 13 |
| (b) Expenditures and transfers may be made from the GROW | 14 |
| Illinois Fund only as appropriated or directed by the General | 15 |
| Assembly by law. | 16 |
| (c) Investment income that is attributable to the | 17 |
| investment of moneys in the GROW Illinois Fund shall be | 18 |
| retained in that fund for the uses specified in this Section. | 19 |
| (d) Notwithstanding subsection (b) of this Section, | 20 |
| $2,000,000,000 of all moneys deposited into the Fund shall be | 21 |
| transferred to the Business Creation and Expansion Fund. The |
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| remainder of the moneys shall be used for capital | 2 |
| infrastructure purposes. | 3 |
| (30 ILCS 105/6z-77 new)
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| Sec. 6z-77. The Business Creation and Expansion Fund. | 5 |
| (a) The Business Creation and Expansion Fund is created as | 6 |
| a special fund in the State Treasury. The Fund shall receive | 7 |
| revenue from (i) the transfer required under subsection (e) of | 8 |
| Section 6z-76 of this Act and (ii) the repayment of loans under | 9 |
| subsection (e) of the Business Creation and Expansion Law. | 10 |
| (b) Expenditures and transfers may be made from the | 11 |
| Business Creation and Expansion Fund only as appropriated or | 12 |
| directed by the General Assembly by law. | 13 |
| (c) Investment income that is attributable to the | 14 |
| investment of moneys in the Business Creation and Expansion | 15 |
| Fund shall be retained in that Fund for the uses specified in | 16 |
| this Section.
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| Section 5-10. The Business Enterprise for Minorities, | 18 |
| Females, and Persons with
Disabilities Act is amended by | 19 |
| changing Section 4 as follows:
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| (30 ILCS 575/4) (from Ch. 127, par. 132.604)
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| (Section scheduled to be repealed on June 30, 2010)
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| Sec. 4. Award of State contracts.
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| (a) Except as provided in subsection (b), not less than 12% |
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| of
the total dollar amount of State contracts, as defined by | 2 |
| the Secretary of
the Council and approved by the Council, shall | 3 |
| be established as a goal to
be awarded to businesses owned by | 4 |
| minorities,
females, and persons with disabilities; provided, | 5 |
| however, that
contracts representing at least five-twelfths of | 6 |
| the total amount of all
State contracts awarded to businesses | 7 |
| owned by
minorities, females, and persons with disabilities | 8 |
| pursuant to
this Section shall be awarded to female owned | 9 |
| businesses, and that
contracts representing at least one-sixth | 10 |
| of the total amount of all State
contracts awarded to | 11 |
| businesses owned by
minorities, females, and persons with | 12 |
| disabilities pursuant to this
Section shall be awarded to | 13 |
| businesses owned by persons
with disabilities.
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| The above percentage relates to the total dollar amount of | 15 |
| State
contracts during each State fiscal year, calculated by | 16 |
| examining
independently each type of contract for each agency | 17 |
| or university which
lets such contracts. Only that percentage | 18 |
| of arrangements which represents the participation of | 19 |
| businesses owned by
minorities, females, and persons with | 20 |
| disabilities on such contracts shall
be included.
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| (b) In the case of State construction contracts, the | 22 |
| provisions of
subsection (a) requiring a portion of State | 23 |
| contracts to be awarded to
businesses owned and controlled by | 24 |
| persons with
disabilities do not apply. Not less
than 10% of | 25 |
| the total dollar amount of State construction contracts is
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| established as a goal to be awarded to minority and female |
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| owned
businesses, and contracts representing 50% of the amount | 2 |
| of all State
construction contracts awarded to minority and | 3 |
| female owned businesses
shall be awarded to female owned | 4 |
| businesses.
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| (c) In the case of all contracts awarded with moneys from | 6 |
| the GROW Illinois Fund for capital infrastructure purposes, the | 7 |
| State shall establish a goal of awarding not less than 25% of | 8 |
| the annual dollar value of those contracts to minority-owned | 9 |
| businesses or businesses owned by a person with a disability | 10 |
| and 5% of the annual dollar value of the contracts to | 11 |
| female-owned businesses. | 12 |
| (Source: P.A. 87-701; 88-597, eff. 8-28-94 .)".
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