Bill Text: IL HB1544 | 2013-2014 | 98th General Assembly | Chaptered

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Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Requires the Department to conduct a survey of certain businesses that are located in the State or have been identified as having left the State in the last 10 years. Provides that the survey must contain information regarding (i) why the business left, if applicable, and the location to which the business relocated and (ii) any incentives that are needed to keep and attract the business. Effective immediately.

Spectrum: Slight Partisan Bill (Democrat 30-12)

Status: (Passed) 2013-08-16 - Public Act . . . . . . . . . 98-0397 [HB1544 Detail]

Download: Illinois-2013-HB1544-Chaptered.html

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Public Act 098-0397
HB1544 Enrolled LRB098 02826 HLH 32835 b
AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by changing Sections 605-300 and 605-320 as follows:
(20 ILCS 605/605-300) (was 20 ILCS 605/46.2)
Sec. 605-300. Economic and business development plans;
Illinois Business Development Council.
(a) Economic development plans. The Department shall
develop a strategic economic development plan for the State by
July 1, 2014. By no later than July 1, 2015, and by July 1
annually thereafter, the Department shall make modifications
to the plan as modifications are warranted by changes in
economic conditions or by other factors, including changes in
policy. In addition to the annual modification, the plan shall
be reviewed and redeveloped in full every 5 years. In the
development of the annual economic development plan, the
Department shall consult with representatives of the private
sector, other State agencies, academic institutions, local
economic development organizations, local governments, and
not-for-profit organizations. The annual economic development
plan shall set specific, measurable, attainable, relevant, and

time-sensitive goals and shall include a focus on areas of high
unemployment or poverty.
The term "economic development" shall be construed broadly
by the Department and may include, but is not limited to, job
creation, job retention, tax base enhancements, development of
human capital, workforce productivity, critical
infrastructure, regional competitiveness, social inclusion,
standard of living, environmental sustainability, energy
independence, quality of life, the effective use of financial
incentives, the utilization of public private partnerships
where appropriate, and other metrics determined by the
Department.
The plan shall be based on relevant economic data, focus on
economic development as prescribed by this Section, and
emphasize strategies to retain and create jobs.
The plan shall identify and develop specific strategies for
utilizing the assets of regions within the State defined as
counties and municipalities or other political subdivisions in
close geographical proximity that share common economic traits
such as commuting zones, labor market areas, or other
economically integrated characteristics.
If the plan includes strategies that have a fiscal impact
on the Department or any other agency, the plan shall include a
detailed description of the estimated fiscal impact of such
strategies.
Prior to publishing the plan in its final form, the

Department shall allow for a reasonable time for public input.
The Department shall transmit copies of the economic
development plan to the Governor and the General Assembly no
later than July 1, 2014, and by July 1 annually thereafter. The
plan and its corresponding modifications shall be published and
made available to the public in both paper and electronic
media, on the Department's website, and by any other method
that the Department deems appropriate.
The Department shall annually submit legislation to
implement the strategic economic development plan or
modifications to the strategic economic development plan to the
Governor, the President and Minority Leader of the Senate, and
the Speaker and the Minority Leader of the House of
Representatives. The legislation shall be in the form of one or
more substantive bills drafted by the Legislative Reference
Bureau.
(b) Business development plans; Illinois Business
Development Council.
(1) There is created the Illinois Business Development
Council, hereinafter referred to as the Council. The
Council shall consist of the Director, who shall serve as
co-chairperson, and 12 voting members who shall be
appointed by the Governor with the advice and consent of
the Senate.
(A) The voting members of the council shall include
one representative from each of the following

businesses and groups: small business, coal,
healthcare, large manufacturing, small or specialized
manufacturing, agriculture, high technology or applied
science, local economic development entities, private
sector organized labor, a local or state business
association or chamber of commerce.
(B) There shall be 2 at-large voting members who
reside within areas of high unemployment within
counties or municipalities that have had an annual
average unemployment rate of at least 120% of the
State's annual average unemployment rate as reported
by the Department of Employment Security for the 5
years preceding the date of appointment.
(2) All appointments shall be made in a geographically
diverse manner.
(3) For the initial appointments to the Council, 6
voting members shall be appointed to serve a 2-year term
and 6 voting members shall be appointed to serve a 4-year
term. Thereafter, all appointments shall be for terms of 4
years. The initial term of voting members shall commence on
the first Wednesday in February 2014. Thereafter, the terms
of voting members shall commence on the first Wednesday in
February, except in the case of an appointment to fill a
vacancy. Vacancies occurring among the members shall be
filled in the same manner as the original appointment for
the remainder of the unexpired term. For a vacancy

occurring when the Senate is not in session, the Governor
may make a temporary appointment until the next meeting of
the Senate when a person shall be nominated to fill the
office, and, upon confirmation by the Senate, he or she
shall hold office during the remainder of the term. A
vacancy in membership does not impair the ability of a
quorum to exercise all rights and perform all duties of the
Council. A member is eligible for reappointment.
(4) Members shall serve without compensation, but may
be reimbursed for necessary expenses incurred in the
performance of their duties from funds appropriated for
that purpose.
(5) In addition, the following shall serve as ex
officio, non-voting members of the Council in order to
provide specialized advice and support to the Council: the
Secretary of Transportation, or his or her designee; the
Director of Employment Security, or his or her designee;
the Executive Director of the Illinois Finance Authority,
or his or her designee; the Director of Agriculture, or his
or her designee; the Director of Revenue, or his or her
designee; the Director of Labor, or his or her designee;
and the Director of the Environmental Protection Agency, or
his or her designee. Ex-officio members shall provide staff
and technical assistance to the Council when appropriate.
(6) In addition to the Director, the voting members
shall elect a co-chairperson.

(7) The Council shall meet at least twice annually and
at such other times as the co-chairpersons or any 5 voting
members consider necessary. Seven voting members shall
constitute a quorum of the Council.
(8) The Department shall provide staff assistance to
the Council.
(9) The Council shall provide the Department relevant
information in a timely manner pursuant to its duties as
enumerated in this Section that can be used by the
Department to enhance the State's strategic economic
development plan.
(10) The Council shall:
(A) Develop an overall strategic business
development plan for the State of Illinois and update
the plan at least annually.
(B) Develop business marketing plans for the State
of Illinois to effectively solicit new company
investment and existing business expansion. Insofar as
allowed under the Illinois Procurement Code, and
subject to appropriations made by the General Assembly
for such purposes, the Council may assist the
Department in the procurement of outside vendors to
carry out such marketing plans.
(C) Seek input from local economic development
officials to develop specific strategies to
effectively link State and local business development

and marketing efforts focusing on areas of high
unemployment or poverty.
(D) Provide the Department with advice on
strategic business development and business marketing
for the State of Illinois.
(E) Provide the Department research and recommend
best practices for developing investment tools for
business attraction and retention. To formulate plans
for the economic development of the State of Illinois.
(Source: P.A. 91-239, eff. 1-1-00.)
(20 ILCS 605/605-320) (was 20 ILCS 605/46.5)
Sec. 605-320. Encouragement of existing industries. To
encourage the growth and expansion of industries now existing
within the State by providing comprehensive business services
and promoting interdepartmental cooperation for assistance to
industries.
As a condition of any financial incentives provided by the
Department in the form of (1) tax credits and tax exemptions
(other than given under tax increment financing) given as an
incentive to a recipient business organization pursuant to an
initial certification or an initial designation made by the
Department under the Economic Development for a Growing Economy
Tax Credit Act, River Edge Redevelopment Zone Act, and the
Illinois Enterprise Zone Act, including the High Impact
Business program, (2) grants or loans given to a recipient as

an incentive to a business organization pursuant to the River
Edge Redevelopment Zone Act, Large Business Development
Program, the Business Development Public Infrastructure
Program, or the Industrial Training Program, the Department
shall require the recipient of such financial incentives to
report at least quarterly the number of jobs to be created or
retained, or both created and retained, by the recipient as a
result of the financial incentives, including the number of
full-time, permanent jobs, the number of part-time jobs, and
the number of temporary jobs. Further, the recipient of such
financial incentives shall provide the Department at least
annually a detailed list of the occupation or job
classifications and number of new employees or retained
employees to be hired in full-time, permanent jobs, a schedule
of anticipated starting dates of the new hires and the actual
average wage by occupation or job classification and total
payroll to be created as a result of the financial incentives.
(Source: P.A. 91-239, eff. 1-1-00.)