Find Legal Information

Article 605 - Department Of Commerce And Community Affairs

      (20 ILCS 605/Art. 605 heading)ARTICLE 605. DEPARTMENT OF COMMERCE AND COMMUNITY AFFAIRS

(20 ILCS 605/605‑1)     Sec. 605‑1. Article short title. This Article 605 of the Civil Administrative Code of Illinois may be cited as the Department of Commerce and Economic Opportunity Law. (Source: P.A. 93‑25, eff. 6‑20‑03.)

(20 ILCS 605/605‑5) (was 20 ILCS 605/46.1 in part)     Sec. 605‑5. Definitions. As used in the Sections following this Section:     "Department" means the Department of Commerce and Economic Opportunity.     "Director" means the Director of Commerce and Economic Opportunity.     "Local government" means every county, municipality, township, school district, and other local political subdivision having authority to enact laws and ordinances, to administer laws and ordinances, to raise taxes, or to expend funds. (Source: P.A. 93‑25, eff. 6‑20‑03.)

(20 ILCS 605/605‑7)     Sec. 605‑7. Name change. On the effective date of this amendatory Act of the 93rd General Assembly, the name of the Department of Commerce and Community Affairs is changed to the Department of Commerce and Economic Opportunity. References in any law, appropriation, rule, form, or other document (i) to the Department of Commerce and Community Affairs or to DCCA are deemed, in appropriate contexts, to be references to the Department of Commerce and Economic Opportunity for all purposes and (ii) to the Director of Commerce and Community Affairs are deemed, in appropriate contexts, to be references to the Director of Commerce and Economic Opportunity for all purposes. (Source: P.A. 93‑25, eff. 6‑20‑03.)

(20 ILCS 605/605‑10) (was 20 ILCS 605/46.1 in part)     Sec. 605‑10. Powers and duties. The Department has the powers and duties enumerated in the Sections following this Section. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑15) (was 20 ILCS 605/46.22)     Sec. 605‑15. Cooperation with other departments, agencies, and institutions. To cooperate with other departments, agencies, and institutions of this State in the collecting and assembling of information and to enter into agreements with those departments, agencies, and institutions, upon terms that are mutually agreed upon, to have conducted studies and research that may be necessary and proper. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑20) (was 20 ILCS 605/46.29)     Sec. 605‑20. Charges; gifts and grants; Economic Research and Information Fund.     (a) To establish and collect charges and to accept gifts, grants, awards, matching contributions, financial participations, and cost sharings from individuals, businesses, governments, and other third party sources, on terms and conditions that the Director deems advisable, for any or all of the following purposes:         (1) Preparing, producing, and disseminating economic

research material and information in various formats and media.

(2) Preparing, producing, and disseminating economic

development strategies and planning products prepared as a guidance of the Illinois economy.

(3) Planning, facilitating, entering into, and

conducting public, private, or both public and private sector partnerships and other joint venture economic research, strategic planning, and pilot and demonstration projects that have as their purpose fostering increased understanding of the Illinois economy and the development, evaluation, and implementation of policies and strategies to foster economic growth.

(4) Planning, facilitating, and conducting

information dissemination and training outreach conferences, workshops, symposia, and award recognition ceremonies.

(b) The Economic Research and Information Fund is created as a special fund in the State treasury, and all monies received pursuant to this Section shall be deposited into that Fund. Monies in the Economic Research and Information Fund may be expended for purposes consistent with the conditions under which those monies are received, subject to appropriations made by the General Assembly for those purposes. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 605/605‑25)(was 20 ILCS 605/46.30a)
    Sec. 605‑25. Charges, gifts, and grants for promotional products and services; International and Promotional Fund.
    (a) To establish, levy, and collect fees and charges and accept gifts, grants, and awards from other governmental entities, for profit organizations, and nonprofit associations in association with or as consideration for the provision of various promotional products and services through its tourism, films production promotion, and international business promotion programs. The Director may establish and collect nominal charges for premiums and other promotional materials produced or acquired as part of the Department's activities authorized under the Illinois Promotion Act from individuals and not‑for‑profit organizations intending to use those premiums and promotional materials for purposes consistent with the provisions of the Illinois Promotion Act, provided, however, that other State agencies shall be charged no more than the cost of the premium or promotional material to the Department.
    (b) The Director may collect cost reimbursement monies from films and media production entities for police and related production security services in amounts determined by the provider of the security services and agreed to by the production entity. The reimbursements shall result only from the agreed costs of planned police and security services to be rendered to film and media production sites in the State of Illinois.
    (c) The Director may establish and collect cost‑sharing assessments and fees and accept gifts, grants, and awards from private businesses, trade associations, other governmental entities, and individuals desiring to participate in and support the development and conduct of overseas trade, catalog, and distributor shows and activities and to purchase informational materials to foster export sales of Illinois products and services as part of the Department's international business programs.
    (d) All money received pursuant to this Section, except as provided in subsection (e), shall be deposited into the International and Promotional Fund within the State treasury which is hereby created; monies within the Fund shall be appropriated only for expenditure pursuant to this Section.
    (e) The Department may contract with a vendor for the production of a tourism travel guide. The Department may allow the vendor to sell and collect sales revenues, including in‑kind exchanges, for advertisements placed in the travel guide. The Department may allow the vendor to retain any sales revenues it collects as its fee and to cover the costs of producing the travel guide. Any revenue due to the Department, after the vendor retains its share, shall be deposited into the International and Promotional Fund.
(Source: P.A. 96‑739, eff. 1‑1‑10.)

(20 ILCS 605/605‑30) (was 20 ILCS 605/46.41)     Sec. 605‑30. State and federal programs, grants, and subsidies. The Department shall use the State and federal programs, grants, and subsidies that are available to assist in the discharge of the provisions of the Civil Administrative Code of Illinois. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑35) (was 20 ILCS 605/46.43)     Sec. 605‑35. Federal moneys for general administration; Intra‑Agency Services Fund. Moneys recovered from federal programs for general administration that are received by the Department shall be deposited into a separate fund in the State treasury to be known as the Intra‑Agency Services Fund. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑40) (was 20 ILCS 605/47.2)     Sec. 605‑40. State Technical Services Act Fund. The following funds collected and received by the Department shall be paid to the State Treasurer for deposit in the State Technical Services Act Fund outside the State Treasury:         (1) Funds received or collected from the federal

government to defray the cost of programs and activities conducted under the State Technical Services Act of 1965, Public Law 89‑182, or under any other Act of Congress by which federal funds are made available for those purposes.

(2) Funds received or collected from colleges,

universities, nonprofit organizations, or other participants in programs and activities conducted under Section 605‑370.

All disbursements from the Fund shall be made only upon warrants of the State Comptroller drawn upon the State Treasurer as custodian of the fund upon vouchers signed by the Director or by the person or persons designated by the Director for that purpose. The Comptroller is authorized to draw the warrant upon vouchers so signed. The State Treasurer shall accept all warrants so signed and shall be released from liability for all payments made on those warrants. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 605/605‑45)
    Sec. 605‑45. Economic development grants; policy considerations. When awarding grants for any economic development purpose, the Department must consider (i) reserving and targeting State business incentives to areas with high unemployment or low income and (ii) if the applicant seeking the grant is located in a metropolitan area, whether that metropolitan area meets location efficiency standards.
(Source: P.A. 95‑56, eff. 8‑10‑07.)

(20 ILCS 605/605‑50) (was 20 ILCS 605/46.51)     Sec. 605‑50. Expenditures for purposes of Build Illinois Act. To expend appropriations for the purposes contained in the Build Illinois Act. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 605/605‑55)(was 20 ILCS 605/46.21)
    Sec. 605‑55. Contracts and other acts to accomplish Department's duties. To make and enter into contracts, including but not limited to making grants and loans to units of local government, private agencies as defined in the Illinois State Auditing Act, non‑profit corporations, educational institutions, and for‑profit businesses as authorized pursuant to appropriations by the General Assembly from the Build Illinois Bond Fund, the Fund for Illinois' Future, the Capital Development Fund, and the General Revenue Fund, and generally to do all things that, in its judgment, may be necessary, proper, and expedient in accomplishing its duties.
(Source: P.A. 94‑91, eff. 7‑1‑05.)

    (20 ILCS 605/605‑65)
    Sec. 605‑65. (Repealed).
(Source: P.A. 91‑239, eff. 1‑1‑00. Repealed by P.A. 96‑995, eff. 1‑1‑11.)

    (20 ILCS 605/605‑75)
    Sec. 605‑75. Keep Illinois Beautiful.
    (a) There is created the Keep Illinois Beautiful Program Advisory Board consisting of 7 members appointed by the Director of Commerce and Economic Opportunity. Of those 7, 4 shall be appointed from a list of at least 10 names submitted by the boards of directors from the various certified community programs. Each certified community program may submit only one recommendation to be considered by the Director. The Director of Commerce and Economic Opportunity or his or her designee shall be a member and serve as Chairman. The Board shall meet at least annually at the discretion of the Chairman and at such other times as the Chairman or any 4 members consider necessary. Four members shall constitute a quorum.
    (b) The purpose of the Board shall be to assist local governments and community organizations in:
        (1) Educating the public about the need for

recycling and reducing solid waste.

(2) Promoting the establishment of recycling and

programs that reduce litter and other solid waste through re‑use and diversion.

(3) Developing local markets for recycled products.         (4) Cooperating with other State agencies and with

local governments having environmental responsibilities.

(5) Seeking funding from governmental and

non‑governmental sources.

(6) Beautification projects.     (c) The Department of Commerce and Economic Opportunity shall assist local governments and community organizations that plan to implement programs set forth in subsection (b). The Department shall establish guidelines for the certification of local governments and community organizations.     The Department may encourage local governments and community organizations to apply for certification of programs by the Board. However, the Department shall give equal consideration to newly certified programs and older certified programs.     (d) Pursuant to action by the Board, the Department of Commerce and Economic Opportunity may authorize grants from moneys appropriated for certified community based programs for up to 50% of the cash needs of the program; provided, that at least 50% of the needs of the program shall be contributed to the program in cash, and not in kind, by local sources.     Moneys appropriated for certified community based programs in municipalities of more than 1,000,000 population shall be itemized separately and may not be disbursed to any other community.     (e) On the effective date of this amendatory Act of the 91st General Assembly, the Lieutenant Governor shall transfer to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), and the Department shall receive, all assets and property possessed by the Lieutenant Governor under this Section and all liabilities and obligations for which the Lieutenant Governor was responsible under this Section. Nothing in this subsection affects the validity of certifications and grants issued under this Section before the effective date of this amendatory Act of the 91st General Assembly. (Source: P.A. 94‑91, eff. 7‑1‑05.)

(20 ILCS 605/605‑85) (was 20 ILCS 605/46.11)     Sec. 605‑85. Personnel. To obtain and employ, pursuant to the Personnel Code, the technical, clerical, stenographic, and other administrative personnel that are necessary to carry out the purposes of the Civil Administrative Code of Illinois and to make expenditures for that purpose within the appropriations for that purpose. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑95) (was 20 ILCS 605/46.42)     Sec. 605‑95. Rules and regulations. The Department has the power to make the rules and regulations necessary to carry out its duties. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑100) (was 20 ILCS 605/46.33)     Sec. 605‑100. Transfer from Department of Business and Economic Development. To assume the rights, powers, duties, and responsibilities of the former Department of Business and Economic Development. Personnel, books, records, property, and funds pertaining to the former Department of Business and Economic Development are transferred to the Department, but any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 605/605‑105)(was 20 ILCS 605/46.35)
    Sec. 605‑105. Transfer from Department of Local Government Affairs.
    (a) To assume all rights, powers, duties, and responsibilities of the former Department of Local Government Affairs not pertaining to its property taxation related functions. Personnel, books, records, property and funds pertaining to those non‑taxation related functions are transferred to the Department, but any rights of employees or the State under the "Personnel Code" or any other contract or plan shall be unaffected by this transfer.
    (b) After August 31, 1984 (the effective date of Public Act 83‑1302), the power, formerly vested in the Department of Local Government Affairs and transferred to the Department of Commerce and Community Affairs (now Department of Commerce and Economic Opportunity), to administer the distribution of funds from the State treasury to reimburse counties where State penal institutions are located for the payment of assistant State's Attorneys' salaries under Section 7 of "An act concerning fees and salaries, and to classify the several counties of this state with reference thereto", approved March 29, 1872, as amended (repealed; now Section 4‑2001 of the Counties Code, 55 ILCS 5/4‑2001), shall be vested in the Department of Corrections pursuant to Section 3‑2‑2 of the Unified Code of Corrections.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(20 ILCS 605/605‑110) (was 20 ILCS 605/46.34)     Sec. 605‑110. Transfer from Governor's Office of Manpower and Human Development. To assume the rights, powers, duties, and responsibilities of the Governor's Office of Manpower and Human Development. Personnel, books, records, property, and funds pertaining to the Governor's Office of Manpower and Human Development are transferred to the Department, but any rights of employees or the State under the Personnel Code or any other contract or plan shall be unaffected by this transfer. (Source: P.A. 91‑239, eff. 1‑1‑00.)

    (20 ILCS 605/605‑111)(was 20 ILCS 605/46.34a)
    Sec. 605‑111. Transfer relating to the Illinois Main Street Program. To transfer from the Department to the Office of the Lieutenant Governor on July 1, 2009, all personnel, books, records, papers, documents, property both real and personal, and pending business in any way pertaining to the Illinois Main Street Program. All personnel transferred pursuant to this Section shall receive certified status under the Personnel Code. Executive Order 09‑08, filed April 1, 2009, is hereby superseded and has no force or effect.
(Source: P.A. 96‑136, eff. 8‑7‑09.)

    (20 ILCS 605/605‑112)(was 20 ILCS 605/46.34b)
    Sec. 605‑112. Transfer relating to the State Data Center. To assume from the Executive Office of the Governor, Bureau of the Budget (now Governor's Office of Management and Budget), on July 1, 1999, all personnel, books, records, papers, documents, property both real and personal, and pending business in any way pertaining to the State Data Center, established pursuant to a Memorandum of Understanding entered into with the Census Bureau pursuant to 15 U.S.C. Section 1525. All personnel transferred pursuant to this Section shall receive certified status under the Personnel Code.
(Source: P.A. 94‑793, eff. 5‑19‑06.)

(20 ILCS 605/605‑115) (was 20 ILCS 605/46.36)     Sec. 605‑115. Transfer from State Housing Board and Department of Business and Economic Development. In addition to the duties and powers imposed elsewhere in the Civil Administrative Code of Illinois, the Department has the following powers:         (1) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Housing Authorities Act.

(2) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Housing Cooperation Law.

(3) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Housing Development and Construction Act.

(4) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Blighted Areas Redevelopment Act of 1947.

(5) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Blighted Vacant Areas Development Act of 1949.

(6) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Urban Community Conservation Act.

(7) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Urban Renewal Consolidation Act of 1961.

(8) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Redevelopment Project Rehousing Act.

(9) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the State Housing Act.

(10) To exercise the rights, powers, and duties

vested by law in the State Housing Board under the Illinois Housing Development Act.

(11) To exercise the rights, powers, and duties

which had been vested by law in the Department of Business and Economic Development under Sections 46.7 (renumbered; now Section 605‑200 of this Law; 20 ILCS 605/605‑200), 46.8 (repealed), 46.23 (repealed), and 47.1 (repealed) of the Civil Administrative Code of Illinois, previous to August 29, 1969.

(12) To exercise the rights, powers, and duties

which have been vested by law in the State Housing Board under Section 6b‑3 of the State Finance Act.

The Department shall render assistance and advice to and take action affecting local governments only upon request of a local government, except as otherwise provided by the powers and duties transferred to the Department by this Section. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑200) (was 20 ILCS 605/46.7)     Sec. 605‑200. Official State planning agency. To act as the official State planning agency and to accept and use planning grants or other financial assistance from the federal government (1) for statewide comprehensive planning work including research and coordination activity directly related to urban needs and (2) for State and inter‑state comprehensive planning and research and coordination activity related thereto. All such grants shall be subject to the terms and conditions prescribed by the federal government. (Source: P.A. 91‑239, eff. 1‑1‑00.)

(20 ILCS 605/605‑205) (was 20 ILCS 605/46.39)     Sec. 605‑205. Planning; coordination with local and regional entities; Urban Planning Assistance Fund. The Department shall provide for liaison between the State and regional and local planning agencies and departments; perform state‑wide planning as provided by law; provide assistance, counsel, and advice to local and regional planning agencies when so requested; and conduct research into local government problems as ordered by the Director. In performing this responsibility the Department shall have the power and duty to do the following:     (1) Exercise the rights, powers, and duties provided in paragraph (11) of Section 605‑115.     (2) Accept and use planning grants or other financial assistance from the federal government, either directly or in receipt from the official State planning agency, in aid or for the provision of planning assistance (i Copyright © 2012-2022 Laws9.Com All rights reserved. Contact Us | About Us | Terms | Privacy