(20 ILCS 3990/1) (from Ch. 48, par. 2601)
Sec. 1.
Short title.
This Act shall be known and may be cited as the
"Illinois Manufacturing Technology Alliance Act".
(Source: P.A. 86-1015.)
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(20 ILCS 3990/2) (from Ch. 48, par. 2602)
Sec. 2.
Definitions.
As used in this Act, unless the context otherwise requires:
"Alliance" means the Illinois Manufacturing Technology Alliance
established pursuant to this Act;
"Board" means the Board of Directors of the Alliance;
"Executive Director" means the Executive Director of the Alliance;
"Director" means a member of the Board of Directors of the Alliance;
"Alliance Partner" means any manufacturing trade association designated
as an Alliance Partner pursuant to agreement between the Alliance and such
trade association;
"Funds" means the Illinois Manufacturing Technology Alliance Fund and the
Alliance Fund established pursuant to this Act.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/3) (from Ch. 48, par. 2603)
Sec. 3.
Establishment of the Alliance.
A
political subdivision, body politic and corporate to be known as the
Illinois Manufacturing Technology Alliance is hereby established. The
exercise by the Alliance
of the powers conferred by law shall be an essential public function and
shall be for the purpose of advancing the adoption and use of modern
commercially available technologies by small and medium size Illinois manufacturers.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/4) (from Ch. 48, par. 2604)
Sec. 4. Board of Directors.
(a) The Illinois Manufacturing Technology
Alliance shall be governed and operated by a Board of Directors consisting
of 11 members: 5 public members who shall be representative of
industries to be served by the Alliance; 2 public members who shall be
researchers in manufacturing technologies; and 4 ex officio members who
shall be the Director of
Commerce and
Economic Opportunity, the Chief Executive Officer of the Prairie State 2000
Authority, the Executive Director of the Board of Higher Education and the
Executive Director of the Illinois Community College Board. An ex officio
member may designate a representative to serve as a substitute when such
member is unable to attend a meeting of the Board.
(b) The Governor, by and with the advice and consent of the Senate, shall
appoint the 5 public members who are representative of industries to be
served by the Alliance and the 2 public members who are researchers in
manufacturing technologies. To the extent possible, 4 members of
the 5 public members who are representatives of industries to be served
by the Alliance shall be members of trade associations that are Alliance Partners.
A vacancy in the position of Board member shall occur upon resignation,
death, conviction of a felony, or
removal from office of a Director. The Governor may remove any public
member from office on a formal finding of incompetence, neglect of duty or
malfeasance in office. Within 30 days after the office of any appointed
member becomes vacant for any reason, the Governor shall fill the vacancy
for the unexpired term in the same manner as that in which appointments are
made. If the Senate is not in session
when the first appointments are made or when the Governor fills a vacancy,
the Governor shall make temporary appointments until the next meeting of
the Senate, when he shall nominate persons to be confirmed by the Senate.
(c) No more than 4 public members
shall be of the same political party.
(d) Of those public members initially appointed to the Board,
4 Directors, no more than 2 of the same political party, shall
be appointed to serve until July 1, 1993, and
3 Directors, not more than 2 of the same political party,
shall be appointed to serve until July 1, 1991. Thereafter, each public
member shall be appointed for a 4 year term, or until his successor is
appointed and qualified. The terms of the public members initially
appointed shall commence upon the appointment of all 7 public members.
(e) No public member may serve as a Director for an aggregate of more than 10 years.
(Source: P.A. 94-793, eff. 5-19-06.)
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(20 ILCS 3990/5) (from Ch. 48, par. 2605)
Sec. 5.
Meetings.
(a) The Board of Directors shall meet no less than
quarterly and may meet at other times in accordance with a schedule adopted
by the Board. Special meetings of the Board may be held upon the call of
the Chairman, issued in writing no less than 48 hours prior to the proposed
day and hour of the Board meeting, or upon a request for a meeting
presented in writing to the Chairman no less than 72 hours prior to the
proposed day and hour of the Board meeting and signed by at least a
majority of the Directors, whereupon the Chairman shall convene a meeting
of the Board at the time and place stated in the request.
(b) A majority of all members of the Board shall constitute a quorum to
transact business, but no vacancy shall impair the right of the remaining
Directors to exercise all of the powers of the Board.
Except as otherwise provided in this Act, the affirmative vote of a
majority of all Directors is necessary for approving any contract or
agreement, adopting any rule, regulation or resolution, or taking any
action required by this Act.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/6) (from Ch. 48, par. 2606)
Sec. 6.
Compensation of Board of Directors.
Members of the Board of
Directors shall serve without compensation, but shall be entitled to
reimbursement for necessary and actual expenses incurred in the discharge
of their official duties.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/7) (from Ch. 48, par. 2607)
Sec. 7.
Officers of the Alliance.
(a) The Board of Directors shall elect a public
member of the Board to serve as Chairman.
(b) The Board shall select a Treasurer and Secretary who
shall serve at the pleasure of the Board and may but need not be Directors.
(c) The Board shall select an Executive Director who shall
not be a Director of the Alliance and who shall serve at the pleasure of the
Board. The Executive Director shall serve as the chief administrative and
operating officer and shall manage the properties and activities of the
Alliance and its employees, direct enforcement of all policies, rules,
regulations and resolutions of the Board, and perform such other duties as
may be prescribed from time to time by the Board.
The Executive Director shall attend all meetings of the Board; however, no
action of the Board shall be invalid because of the absence of the
Executive Director from a meeting. The Board shall set the compensation of
the Executive Director; however, such compensation shall be consistent with
the compensation paid to similar appointed officers of the State of Illinois.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/8) (from Ch. 48, par. 2608)
Sec. 8.
Oath of Office; Bond.
Before entering upon the duties of their
respective offices, the Chairman, Secretary, Treasurer and Executive
Director shall take and subscribe to the constitutional oath of office, and
the Alliance shall execute a bond on behalf of the Treasurer with corporate
sureties to be approved
by the Alliance. The bond shall be payable to the Alliance in whatever
penal sum may be directed by the Alliance conditioned upon the faithful
performance of the duties of the office and the payment of all money
received by him according to law and the orders of the Alliance. The
Alliance may, at any time, require a new bond to be executed with respect
to the Treasurer in such
penal sum as may then be determined by the Alliance.
The obligation of the sureties shall not extend to any loss sustained by
the insolvency, failure or closing of any State or federally chartered
financial institution wherein the Treasurer has deposited funds if the
financial institution
has been approved by the Alliance as a
depository for these funds.
The oaths of office and the Treasurer's bond
shall be filed in the principal office of the Alliance.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/9) (from Ch. 48, par. 2609)
Sec. 9.
Personnel.
(a) The Board shall appoint, retain and employ
such persons as it deems necessary to achieve the purposes of this Act. The
Board shall establish regulations to insure that discharge shall not be
arbitrary and that hiring and promotion are based on merit. No unlawful
discrimination, as defined by the Illinois Human Rights Act, shall be made
in any term or aspect of employment nor shall any discrimination be made on
a basis of political affiliation.
The Alliance shall be subject to the Illinois Human Rights Act and the remedies
and procedures established thereunder. The Alliance shall develop an
affirmative action program and file it with the Department of Human Rights
to assure that the employment of applicants and treatment of employees are
without unlawful discrimination. Such affirmative action program shall
include provisions relating to hiring, upgrading, demotion, transfer,
recruitment, recruitment advertising, selection for training and rates of
pay or other forms of compensation.
(b) The Board shall organize the staff, assign their functions and
duties, fix their compensation, benefits and conditions of employment, and
regulate their travel.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/10) (from Ch. 48, par. 2610)
Sec. 10.
General Powers and Duties of the Board.
Except as otherwise
limited by this Act, the Board shall have all powers necessary to meet its
responsibilities and to carry out its purposes, including but not limited
to the following powers:
(a) to sue and be sued;
(b) to enter into loans, contracts, agreements and leases in any matter
connected with any of its
corporate purposes and to invest its funds;
(c) to employ agents and employees and independent contractors necessary
to carry out its purposes and to fix their compensation, benefits and terms
and conditions of their employment;
(d) to have and use a common seal and to alter the same at pleasure;
(e) to adopt all necessary ordinances, resolutions, by-laws, rules and
regulations for the conduct of its business and affairs;
(f) to exclusively control and manage the Alliance and all monies
denoted, paid or appropriated for the relief or benefit of small and medium
size Illinois manufacturers;
(g) to establish and operate programs consistent with or permitted by
this Act for the benefit of small and medium size Illinois manufacturers;
(h) to undertake studies with respect to technological modernization of
small and medium size manufacturers;
(i) to provide financial assistance to individual small or medium size
manufacturers pursuant to the provisions of this Act;
(j) to produce and disseminate reports on appropriate applications in small or
medium size manufacturing settings of specific kinds of commercially
available machinery and equipment;
(k) to organize and operate educational seminars and trade shows
pertaining to commercially available manufacturing technologies that are
suitable for small or medium size firms;
(l) to support and promote from time to time the transfer of new and innovative
technologies developed by Illinois-based institutions and companies to
small and medium size Illinois manufacturers where such technologies have
immediate commercial applications;
(m) to organize, develop and maintain a data base on all businesses
within each industry that is served or is designated to be
served by the Alliance;
(n) to monitor, review and evaluate annually the programs of the
Alliance and to make recommendations to the Governor and the General
Assembly regarding changes to this Act or other Acts to make
improvements in the programs operated by the Alliance;
(o) to cause an annual audit of the accounts of the Alliance to be
conducted pursuant to Section 14 of this Act. A
copy of such audit shall be provided to the Auditor General if
performed by persons other than the Auditor General. The Auditor
General shall review all audits submitted and make such other
investigations and audits when he deems necessary;
(p) to prepare and submit a budget and request for appropriations for
the necessary and contingent operating expenses of the Alliance;
(q) to encourage participation in the programs sponsored by the Alliance
by means of advertising, incentives and other marketing devices with
special attention to geographic areas with high concentrations of
businesses within designated industries;
(r) to accept appropriations, grants and funds from the federal and
State governments and any agency thereof and expend these monies in
accordance with, and in furtherance of, the purposes of this Act;
(s) to enter into intergovernmental agreements with other governmental entities;
(t) to issue an annual report and financial statement to the Governor, the
President of the Senate, the Senate Minority Leader, the Speaker of the
House of Representatives, the House
Minority Leader, Alliance Partners and to the public on its activities for
the previous year. Such annual report shall include measurement results
testing the efficacy of programs operated by the Alliance; and
(u) to have and exercise all powers and be subject to all duties usually
incident to boards of directors of corporations.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/11) (from Ch. 48, par. 2611)
Sec. 11.
Alliance Partners.
The Board may establish the
Alliance Partners program. Any manufacturing trade association may join
as an Alliance Partner pursuant to the terms of an agreement between such
association and the Alliance. Such agreement shall include but shall not
be limited to the following:
(1) the amount of money that such association shall contribute to the Funds;
(2) the timing of such contributions;
(3) the amounts of money that the Alliance shall allocate from funds
received from the State of Illinois and from sources other than
manufacturing trade associations;
(4) the services that shall be supported by the Funds in behalf of
businesses operating within the industry served by such association; and
(5) the functions and services that shall be performed respectively by
such association and by the Alliance.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/12) (from Ch. 48, par. 2612)
Sec. 12.
Services Performed by the Alliance.
(a) The Alliance may
make grants or loans to eligible businesses for the purpose of advancing
the adoption and use of modern available technologies by small and medium
size Illinois manufacturers. Such financial assistance shall be used to pay for:
(1) individual and industry wide technology assessments;
(2) industrial and process engineering consultation;
(3) studies to determine the appropriate application of specific types
of machinery and equipment;
(4) evaluations of vendor support programs;
(5) evaluations of specific vendor performances;
(6) post-installation evaluation of machinery and equipment;
(7) consultation with respect to the terms and conditions setting forth
the expected performance of machinery and equipment to be purchased or
leased by a business, the services to be provided by the vendor of such
machinery or equipment, including maintenance, product improvements and
training, and guarantees or warranties made by such vendor or by the
manufacturer of such machinery and equipment; and
(8) such other services that will accomplish the purposes of this Act.
(b) Pursuant to procedures that it shall establish by rule, the Board shall
review applications for funding and shall, in its sole judgment, make such
grants or loans as it determines to the business, or to the consultant
under contract to the business:
(1) upon the business demonstrating that it is unable to, or anticipates that it will
be unable to, perform at a level that is no less than average for the industry; or
(2) upon the business demonstrating that it is at a competitive disadvantage to
establishments within its industry located outside the State of Illinois or
to establishments newly locating in Illinois; or
(3) upon the business demonstrating that it otherwise has a need to
adopt new technologies.
All businesses receiving financial assistance from the Alliance must first
demonstrate that receipt of such assistance is necessary to achieve the
purposes of this Act and that other sources, including federal, State or
locally administered programs, are not immediately available to the business.
(c) Not less than 1/2 of the monies paid from the Funds for grants or
loans to businesses shall come from contributions made by trade associations;
except that during the 18 months immediately following the effective
date of this Act, the Alliance may make grants or loans to businesses from
funds received from the State of Illinois notwithstanding the requirement
that not less than 1/2 of the monies paid from the funds for grants or
loans to businesses shall come from contributions made by trade associations.
(d) Any grant shall be made on such terms and conditions as the Board
shall determine; provided, however, that no grant shall exceed 1/2 of the
cost of eligible services received by the business or its agent. In
determining the amount of a grant, the Board may consider whether the
business requesting financial assistance is then paying dues to a
manufacturing trade association that is an Alliance Partner; provided that
a grant may not be for less than 1/3 of the cost of eligible services.
Each grant shall require that not less than 25% of the amount shall be
withheld until 30 days after the satisfactory completion of services
for which the grant was made.
(e) Any loan shall be made on such terms and conditions as the Board
shall determine, including terms and conditions with respect to interest
rate and maturity of loan. In determining such interest rate and maturity,
the Board may consider whether the business requesting financial assistance
is then paying dues to a manufacturing trade association that is an Alliance Partner.
(f) The Alliance may not provide financial assistance for services that
will be performed for a period greater than 18 months.
(g) No grant or loan made by the Board shall be used to pay for the
purchase or lease of machinery or equipment.
(h) It is the intention of this Act that any grant or loan made by the
Alliance shall not result in the termination or layoff of workers employed
by any business receiving financial assistance, provided that such
termination or layoff is not the fault of the worker. The Alliance shall
establish agreements with and cooperate with other agencies of the State of
Illinois, federal government or local government or private organizations that
may assist in retraining workers affected by the introduction of new
technologies into the business.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/13) (from Ch. 48, par. 2613)
Sec. 13.
Finance.
The Illinois Manufacturing Technology Alliance Fund is
hereby created in the State Treasury and the Alliance Fund is hereby created
outside the State Treasury. Monies appropriated by the General Assembly shall
be held in the Illinois Manufacturing Technology Alliance Fund unless the Act
making the appropriation specifically states that the monies are appropriated
to the Alliance Fund. Monies received by the Alliance from an Alliance Partner
shall be held in the Alliance Fund unless the terms of the contribution made by
the Alliance Partner specifically states that the monies are to be deposited in
the Illinois Manufacturing Technology Alliance Fund.
Monies held in the Alliance Fund may be disbursed from the Alliance Fund
without appropriation by the General Assembly; however, use of the monies
in the Alliance Fund may be limited by the terms and conditions set forth
by the State or the Alliance Partner at the time such monies are conveyed to
the Alliance, including any terms and conditions requiring that monies
remaining in the Alliance Fund after a specified date be returned to the source
of such monies.
All monies held in the Funds shall be available generally for expenditure
by the Alliance for any purposes authorized by this Act. Monies held in
the Alliance Fund may be invested pursuant to the provisions of "An Act
relating to certain investments of public funds by public agencies",
approved July 23, 1943, as amended.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/14) (from Ch. 48, par. 2614)
Sec. 14.
Audits and Reports.
The accounts and books of the Alliance,
including its receipts, disbursements, contracts and other matters relating
to its finance, operation and affairs shall be examined and audited
annually by a firm of certified public accountants who shall certify their
audit to the State Comptroller and Auditor General.
The Auditor General may from time to time perform an audit of the accounts
and books of the Alliance, whereupon at such times the Alliance shall not
be required to have an audit performed for the period examined by the Auditor General.
The accounts and books of the Alliance shall be kept in accordance with
the procedures and accepted accounting practices established by the State Comptroller.
(Source: P.A. 86-1015.)
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(20 ILCS 3990/15) (from Ch. 48, par. 2615)
Sec. 15. Relationship with other Agencies. The Alliance shall
cooperate with the Department of Commerce and Economic Opportunity, the Board
of Higher Education, the Illinois Community College Board, the Prairie
State 2000 Authority and any other agency or authority of the State on any
project or program that improves the competitiveness of small and medium
size Illinois manufacturers. The policies and programs of the Alliance
shall be consistent with economic development policies of this State.
(Source: P.A. 94-793, eff. 5-19-06.)
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