State of Illinois
90th General Assembly
Legislation

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90_SB1238

      20 ILCS 605/46.70 new
      30 ILCS 105/5.480 new
          Amends the Civil Administrative Code of Illinois and  the
      State  Finance  Act  to  create  the Small Business Incubator
      Fund.  Provides that the Director of Commerce  and  Community
      Affairs   may   make  grants  to  small  business  incubators
      dedicated to the successful  development  of  entrepreneurial
      companies.   Provides that the grants shall not exceed 50% of
      the State income taxes paid in the previous calendar year  by
      qualified   businesses  leasing  space  from  eligible  small
      business incubators.  Provides that an amount equal to 50% of
      these taxes shall  be  annually  appropriated  to  the  fund.
      Establishes an application process for grants and limitations
      on  the  use of the grants.  Provides that the small business
      incubator grant process is repealed  on  December  31,  2003.
      Provides  that  the  evaluation  of  the  grant process shall
      recommend  its  continuation  or  its  repeal  and  shall  be
      submitted to the Governor and  the  General  Assembly  before
      December 31, 2002. Effective immediately.
                                                     LRB9008741PTsb
                                               LRB9008741PTsb
 1        AN ACT concerning small businesses.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Civil Administrative Code of Illinois  is
 5    amended by adding Section 46.70 as follows:
 6        (20 ILCS 605/46.70 new)
 7        (Section scheduled to be repealed on December 31, 2003)
 8        Sec. 46.70.  Small business incubator grants.
 9        (a)   Subject  to  availability  of  funds  in  the Small
10    Business  Incubator  Fund,  the  Director  of  Commerce   and
11    Community  Affairs may make grants to eligible small business
12    incubators in an amount not to exceed  50%  of  State  income
13    taxes  paid in the previous calendar year by qualified tenant
14    businesses subject to the restrictions of this Section.
15        (b)  There  is  created  a  special  fund  in  the  State
16    Treasury  known  as  the  Small Business Incubator Fund.  The
17    money in the Fund may be used only for  making  grants  under
18    subsection  (a).  The Department of Revenue shall  certify by
19    March 1 of each year to the General Assembly  the  amount  of
20    State income taxes paid by qualified tenant businesses in the
21    previous  year.   The  Department  of  Revenue  may, by rule,
22    prescribe  forms  necessary  to  identify  qualified   tenant
23    businesses under this Section.  An amount equal to 50% of the
24    amount  certified  by  the  Department  of  Revenue  shall be
25    appropriated into the Fund annually.
26        (c)  Eligible small business incubators  that  receive  a
27    grant  under  this Section may use the grant only for capital
28    improvements on  the  building  housing  the  eligible  small
29    business  incubator.  Each  small business incubator shall be
30    eligible for a grant equal to no more than 50% of the  amount
31    of  State income taxes paid in the previous year by qualified
                            -2-                LRB9008741PTsb
 1    tenant businesses of  the  small  business  incubator,  minus
 2    administrative  costs.  The eligible small business incubator
 3    must keep written records of the use of the grant money for a
 4    period of 5 years from disbursement.
 5        (d)  By April 1 of each year, an eligible small  business
 6    incubator  may  apply for a grant under this Section on forms
 7    developed by the  Department.   The  Department  may  require
 8    applicants  to  provide proof of eligibility.  Upon review of
 9    the applications, the  Director  of  Commerce  and  Community
10    Affairs  shall approve or disapprove the application.  At the
11    start of each fiscal year or upon approval of the budget  for
12    that  fiscal  year,  whichever  is  later, the Director shall
13    determine the amount of funds available for grants under this
14    Section and shall then approve the grants.
15        (e)  For purposes of this Section:
16             (1)  "Eligible small business  incubator"  means  an
17        entity that is dedicated to the successful development of
18        entrepreneurial  companies, has a specific written policy
19        identifying requirements for a business to graduate  from
20        the incubator, either owns or leases real estate in which
21        qualified  tenant businesses operate, and provides all of
22        the  following  services:  management  guidance,   rental
23        spaces,   shared  basic  business  equipment,  technology
24        support services, and assistance in obtaining financing.
25             (2)  "Qualified tenant business"  means  a  business
26        that  currently  leases  space  from  an  eligible  small
27        business  incubator, is less than 5 years old, and either
28        has not fulfilled the eligible small business incubator's
29        graduation   requirements   or   has   fulfilled    these
30        requirements within the last 5 years.
31        (f)  Five  percent  of  the  amount  that is appropriated
32    annually into the Small  Business  Incubator  Fund  shall  be
33    allotted  to the Department of Commerce and Community Affairs
34    for the purpose of administering, overseeing, and  evaluating
                            -3-                LRB9008741PTsb
 1    the grant process and outcome.
 2        (g)  This  Section  is repealed on December 31, 2003. The
 3    Director of Commerce and Community Affairs shall evaluate the
 4    effectiveness of the grant process and subsequent outcome  of
 5    job  and  business  creation  and  shall  submit  a report to
 6    recommend the continuation or the repeal of this  Section  to
 7    the  Governor  and  the  General Assembly before December 31,
 8    2002.
 9        Section 10.  The State Finance Act is amended  by  adding
10    Section 5.480 as follows:
11        (30 ILCS 105/5.480 new)
12        Sec.  5.480.  The Small Business Incubator Fund.
13        Section  99.  Effective date.  This Act takes effect upon
14    becoming law.

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