103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2417 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: New Act20 ILCS 605/605-1027 new30 ILCS 105/5.990 new30 ILCS 105/5.991 new30 ILCS 105/5.992 new35 ILCS 5/229.5 new Creates the Illinois Biomanufacturing Act. Establishes the Illinois Biomanufacturing Institute. Directs the Institute to cooperate with biomanufacturing centers in Illinois with the goal of making those centers into incubators of local job creation. Authorizes the Institute to receive financing from the General Assembly. Directs the Institute to prepare an annual report to the Governor and the General Assembly concerning its operations and other relevant information. Creates the Biomanufacturing Initiative Task Force and describes the duties of the Task Force. Directs the Department of Commerce and Economic Opportunity to provide administrative support to the Task Force. Directs the Task Force to prepare for the Institute, the Governor, and the General Assembly an annual report offering its advice on biomanufacturing-related research and development and making related recommendations. Creates the Biomanufacturing Equity Investment Fund, the Biomanufacturing Loan Fund, and the Biomanufacturing Grant Fund as special funds in the State treasury for specified purposes concerning investment in and funding of biomanufacturing centers. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides for tax credits for qualifying biomanufacturing centers. Provides further requirements concerning the issuance of the tax credit. Amends the State Finance Act to provide for specified special funds. Amends the Illinois Income Tax Act to provide for the biomanufacturing center tax credit. Defines terms. Effective immediately. LRB103 05079 HLH 50093 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2417 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED: New Act20 ILCS 605/605-1027 new30 ILCS 105/5.990 new30 ILCS 105/5.991 new30 ILCS 105/5.992 new35 ILCS 5/229.5 new New Act 20 ILCS 605/605-1027 new 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new 30 ILCS 105/5.992 new 35 ILCS 5/229.5 new Creates the Illinois Biomanufacturing Act. Establishes the Illinois Biomanufacturing Institute. Directs the Institute to cooperate with biomanufacturing centers in Illinois with the goal of making those centers into incubators of local job creation. Authorizes the Institute to receive financing from the General Assembly. Directs the Institute to prepare an annual report to the Governor and the General Assembly concerning its operations and other relevant information. Creates the Biomanufacturing Initiative Task Force and describes the duties of the Task Force. Directs the Department of Commerce and Economic Opportunity to provide administrative support to the Task Force. Directs the Task Force to prepare for the Institute, the Governor, and the General Assembly an annual report offering its advice on biomanufacturing-related research and development and making related recommendations. Creates the Biomanufacturing Equity Investment Fund, the Biomanufacturing Loan Fund, and the Biomanufacturing Grant Fund as special funds in the State treasury for specified purposes concerning investment in and funding of biomanufacturing centers. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides for tax credits for qualifying biomanufacturing centers. Provides further requirements concerning the issuance of the tax credit. Amends the State Finance Act to provide for specified special funds. Amends the Illinois Income Tax Act to provide for the biomanufacturing center tax credit. Defines terms. Effective immediately. LRB103 05079 HLH 50093 b LRB103 05079 HLH 50093 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2417 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
New Act20 ILCS 605/605-1027 new30 ILCS 105/5.990 new30 ILCS 105/5.991 new30 ILCS 105/5.992 new35 ILCS 5/229.5 new New Act 20 ILCS 605/605-1027 new 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new 30 ILCS 105/5.992 new 35 ILCS 5/229.5 new
New Act
20 ILCS 605/605-1027 new
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
30 ILCS 105/5.992 new
35 ILCS 5/229.5 new
Creates the Illinois Biomanufacturing Act. Establishes the Illinois Biomanufacturing Institute. Directs the Institute to cooperate with biomanufacturing centers in Illinois with the goal of making those centers into incubators of local job creation. Authorizes the Institute to receive financing from the General Assembly. Directs the Institute to prepare an annual report to the Governor and the General Assembly concerning its operations and other relevant information. Creates the Biomanufacturing Initiative Task Force and describes the duties of the Task Force. Directs the Department of Commerce and Economic Opportunity to provide administrative support to the Task Force. Directs the Task Force to prepare for the Institute, the Governor, and the General Assembly an annual report offering its advice on biomanufacturing-related research and development and making related recommendations. Creates the Biomanufacturing Equity Investment Fund, the Biomanufacturing Loan Fund, and the Biomanufacturing Grant Fund as special funds in the State treasury for specified purposes concerning investment in and funding of biomanufacturing centers. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides for tax credits for qualifying biomanufacturing centers. Provides further requirements concerning the issuance of the tax credit. Amends the State Finance Act to provide for specified special funds. Amends the Illinois Income Tax Act to provide for the biomanufacturing center tax credit. Defines terms. Effective immediately.
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A BILL FOR
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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the
5 Illinois Biomanufacturing Act.
6 Section 5. Definitions. As used in this Act:
7 "Biomanufacturing center" means a wholly-enclosed facility
8 that contains tanks, boxes, or other sealed and enclosed
9 spaces for biochemical production purposes and that has the
10 primary purpose of using biological processes, entirely
11 carried out in-house within the center, to manufacture
12 products to be sold in a marketplace. "Biomanufacturing
13 center" includes any production facility that complies with
14 North American Industry Classification System (NAICS) codes
15 325412 and 325414. "Biomanufacturing center" does not include
16 a space used as a greenhouse or other space used to grow
17 plants, such as cannabis or salad greens, that could
18 physically be grown outdoors.
19 "Department" means the Department of Commerce and Economic
20 Opportunity.
21 "Institute" means the Illinois Manufacturing Institute
22 established under this Act.
23 "Task Force" means the Biomanufacturing Initiative Task
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2417 Introduced , by Rep. Ryan Spain SYNOPSIS AS INTRODUCED:
New Act20 ILCS 605/605-1027 new30 ILCS 105/5.990 new30 ILCS 105/5.991 new30 ILCS 105/5.992 new35 ILCS 5/229.5 new New Act 20 ILCS 605/605-1027 new 30 ILCS 105/5.990 new 30 ILCS 105/5.991 new 30 ILCS 105/5.992 new 35 ILCS 5/229.5 new
New Act
20 ILCS 605/605-1027 new
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
30 ILCS 105/5.992 new
35 ILCS 5/229.5 new
Creates the Illinois Biomanufacturing Act. Establishes the Illinois Biomanufacturing Institute. Directs the Institute to cooperate with biomanufacturing centers in Illinois with the goal of making those centers into incubators of local job creation. Authorizes the Institute to receive financing from the General Assembly. Directs the Institute to prepare an annual report to the Governor and the General Assembly concerning its operations and other relevant information. Creates the Biomanufacturing Initiative Task Force and describes the duties of the Task Force. Directs the Department of Commerce and Economic Opportunity to provide administrative support to the Task Force. Directs the Task Force to prepare for the Institute, the Governor, and the General Assembly an annual report offering its advice on biomanufacturing-related research and development and making related recommendations. Creates the Biomanufacturing Equity Investment Fund, the Biomanufacturing Loan Fund, and the Biomanufacturing Grant Fund as special funds in the State treasury for specified purposes concerning investment in and funding of biomanufacturing centers. Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides for tax credits for qualifying biomanufacturing centers. Provides further requirements concerning the issuance of the tax credit. Amends the State Finance Act to provide for specified special funds. Amends the Illinois Income Tax Act to provide for the biomanufacturing center tax credit. Defines terms. Effective immediately.
LRB103 05079 HLH 50093 b LRB103 05079 HLH 50093 b
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A BILL FOR
New Act
20 ILCS 605/605-1027 new
30 ILCS 105/5.990 new
30 ILCS 105/5.991 new
30 ILCS 105/5.992 new
35 ILCS 5/229.5 new
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1 Force established under this Act.
2 Section 10. Illinois Biomanufacturing Institute.
3 (a) The Illinois Biomanufacturing Institute is hereby
4 created and constituted as a public instrumentality under the
5 jurisdiction of the Department of Commerce and Economic
6 Opportunity. The exercise by the Institute of the powers
7 conferred by this Act shall be considered to be the
8 performance of an essential governmental function.
9 (b) The Institute shall be governed and its corporate
10 powers exercised by a Board of Directors consisting of 7
11 directors as follows: (i) the Director of Commerce and
12 Economic Opportunity, or his or her designee; (ii) the
13 President of the University of Illinois, or his or her
14 designee; and (iii) 5 persons with a background in
15 biomanufacturing and biotechnology and representing the
16 biomanufacturing industry, who shall be appointed by the
17 Governor.
18 The 5 directors appointed by the Governor shall constitute
19 a quorum and the affirmative vote of a majority of directors
20 present at a duly called meeting if a quorum is present shall
21 be necessary for any action to be taken by the Board. Any
22 action required or permitted to be taken at a meeting of the
23 directors may be taken without a meeting if all of the
24 directors consent in writing to that action and the written
25 consent is filed with the records of the minutes of the
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1 meetings of the Board. Such consent shall be treated for all
2 purposes as a vote at a meeting.
3 The members of the Board shall serve without compensation,
4 but each member shall be entitled to reimbursement for his or
5 her actual and necessary expenses incurred in the performance
6 of his or her official duties.
7 (c) The Institute shall be located in or near a major
8 metropolitan area in the State that is easily accessible by
9 common modes of transportation and has historic ties to
10 biomanufacturing.
11 (d) The Institute shall cooperate with all of the
12 tax-eligible biomanufacturing centers of Illinois, with the
13 goal of making these centers into incubators of local job
14 creation throughout the State. The Institute is also
15 encouraged, but not required, to cooperate with all Illinois
16 institutions of higher education, including faculties of
17 biochemistry and faculties of medical research, to develop
18 cooperative programs of Illinois-based research, development,
19 and production.
20 (e) Subject to appropriation, the Institute shall receive
21 funding for its start-up and operational purposes from funds
22 made available for its purposes by the General Assembly, with
23 the understanding that the Institute is mandated to take steps
24 toward self-funding with the goal of becoming an autonomous,
25 grant-supported think tank based in Illinois.
26 (f) The Institute shall provide an annual report to the
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1 Governor and the General Assembly concerning its operations
2 and any other information it deems relevant.
3 Section 15. Biomanufacturing Initiative Task Force.
4 (a) There is hereby created the Biomanufacturing
5 Initiative Task Force. The Task Force shall represent the
6 interests of institutions of higher education and the
7 biomanufacturing industry, and advise the Institute on
8 biomanufacturing-related research and development and provide
9 recommendations.
10 (b) The Task Force shall, at a minimum, consist of members
11 appointed by the Governor as follows: (i) a representative of
12 Illinois universities; (ii) a representative of a public or
13 private medical school; (iii) a representative of the Illinois
14 biomanufacturing industry; and (iv) any other member that the
15 Governor deems necessary and proper for the purposes of the
16 Task Force. The Director of Commerce and Economic Opportunity,
17 or his or her designee, shall also serve as a member of the
18 Task Force. The Governor shall appoint a Chair for the Task
19 Force.
20 (c) The Task Force shall meet at least quarterly for the
21 purpose of its duties under this Section.
22 (d) Members of the Task Force shall serve without
23 compensation.
24 (e) The Department of Commerce and Economic Opportunity
25 shall provide administrative and other support to the Task
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1 Force.
2 (f) The Task Force shall, at least annually and more
3 frequently if it deems doing so is necessary, issue a report to
4 the Institute, the Governor, and the General Assembly offering
5 its advice on biomanufacturing-related research and
6 development and making related recommendations.
7 Section 20. Biomanufacturing Equity Investment Fund. The
8 Biomanufacturing Equity Investment Fund is created as a
9 special fund in the State treasury and may receive funds from
10 any source, public or private, including moneys appropriated
11 for use by the Department of Commerce and Economic
12 Opportunity. Subject to appropriation, moneys in the Fund
13 shall be used by the Department and the Institute to make
14 qualified equity investments in Illinois-based
15 biomanufacturing centers.
16 Section 25. Biomanufacturing Loan Fund. The
17 Biomanufacturing Loan Fund is created as a special fund in the
18 State treasury and may receive funds from any source, public
19 or private, including moneys appropriated for use by the
20 Department of Commerce and Economic Opportunity. Subject to
21 appropriation, moneys in the Fund shall be used by the
22 Department and the Institute to make qualified loans to
23 Illinois-based biomanufacturing centers for the start-up and
24 operation of such centers, and for any other related purposes
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1 as determined by the Department. The repayment of loans issued
2 under this Section shall be as prescribed by the Department.
3 Section 30. Biomanufacturing Grant Fund. The
4 Biomanufacturing Grant Fund is created as a special fund in
5 the State treasury and may receive funds from any source,
6 public or private, including moneys appropriated for use by
7 the Department of Commerce and Economic Opportunity. Subject
8 to appropriation, moneys in the Fund shall be used by the
9 Department and the Institute to make grants to Illinois-based
10 biomanufacturing centers to stimulate increased financing for
11 biomanufacturing technology, research, and development, and
12 for any other related purposes as determined by the
13 Department.
14 Section 35. Rules. The Department shall adopt all rules
15 necessary for the implementation of this Act.
16 Section 900. The Department of Commerce and Economic
17 Opportunity Law of the Civil Administrative Code of Illinois
18 is amended by adding Section 605-1027 as follows:
19 (20 ILCS 605/605-1027 new)
20 Sec. 605-1027. Biomanufacturing center investment.
21 (a) The Department shall issue a credit certification
22 against the taxes imposed under subsections (a) and (b) of
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1 Section 201 of the Illinois Income Tax Act to qualifying
2 biomanufacturing centers. For taxable years beginning on or
3 after January 1, 2023, the Department shall award credits, in
4 an amount as determined by the Department, against the taxes
5 imposed under subsections (a) and (b) of Section 201 of the
6 Illinois Income Tax Act as provided in Section 229.5 of the
7 Illinois Income Tax Act.
8 (b) For purposes of this Section:
9 "Biomanufacturing center" means a wholly-enclosed facility
10 that contains tanks, boxes, or other sealed and enclosed
11 spaces for biochemical production purposes and that has the
12 primary purpose of using biological processes, entirely
13 carried out in-house within the center, to manufacture
14 products to be sold in a marketplace. "Biomanufacturing
15 center" includes any production facility that complies with
16 North American Industry Classification System (NAICS) codes
17 325412 and 325414. "Biomanufacturing center" does not include
18 a space used as a greenhouse or other space used to grow
19 plants, such as cannabis or salad greens, that could
20 physically be grown outdoors.
21 "Full-time equivalent job" means a job in which the new
22 employee works for the owner, operator, contractor, or tenant
23 of a biomanufacturing center or for a corporation under
24 contract with the owner, operator, or tenant of a center for at
25 least 35 hours per week.
26 "Qualifying biomanufacturing center" means a new or
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1 existing biomanufacturing center that:
2 (1) is located in the State of Illinois;
3 (2) makes or has made a capital investment of at least
4 $2,000,000 collectively over a 2-year period;
5 (3) results, over a period of 5 years, in the creation
6 of at least 20 full-time or full-time equivalent jobs that
7 each have a total compensation that is equal to or greater
8 than 120% of the average wage paid to full-time employees
9 in the county where the data center is located, as
10 determined using data supplied by the U.S. Bureau of Labor
11 Statistics; and
12 (4) certifies to the Department, within 2 years after
13 being placed in service, that it is carbon neutral or has
14 attained green building standards certification from a
15 Department-approved entity.
16 (c) Biomanufacturing centers seeking a tax credit
17 certification shall apply to the Department in the manner
18 specified by the Department. The Department and any center
19 seeking the certification must enter into a memorandum of
20 understanding that at a minimum provides:
21 (1) the details for determining the amount of capital
22 investment to be made;
23 (2) the number of new jobs created;
24 (3) the timeline for achieving the capital investment
25 and new job goals;
26 (4) the repayment obligation should those goals not be
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1 achieved and any conditions under which repayment by the
2 qualifying biomanufacturing center will be required; and
3 (5) other provisions deemed necessary by the
4 Department.
5 (d) Any qualifying biomanufacturing center issued a tax
6 credit certification under this Section must annually submit a
7 private, sealed report on its operations to the Department.
8 The Department shall then issue an annual public report to the
9 Governor and the General Assembly concerning the program
10 established under this Section. The public report issued by
11 the Department shall, at a minimum, contain cumulative data
12 sets that will mask the specific data submitted by each
13 biomanufacturing center about its own operations.
14 (e) In administering the requirements of this Section, the
15 Department shall consult with the Illinois Biomanufacturing
16 Institute and the Biomanufacturing Initiative Task Force
17 created under the Illinois Biomanufacturing Act.
18 (f) The Department shall not issue any new tax credit
19 certification under the provisions of this Section after tax
20 year 2040, unless the General Assembly otherwise approves an
21 extension of the tax credit provided under this Section.
22 (g) The Department shall adopt rules to implement and
23 administer this Section.
24 Section 905. The State Finance Act is amended by adding
25 Sections 5.990, 5.991, and 5.992 as follows:
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1 (30 ILCS 105/5.990 new)
2 Sec. 5.990. The Biomanufacturing Equity Investment Fund.
3 (30 ILCS 105/5.991 new)
4 Sec. 5.991. The Biomanufacturing Loan Fund.
5 (30 ILCS 105/5.992 new)
6 Sec. 5.992. The Biomanufacturing Grant Fund.
7 Section 910. The Illinois Income Tax Act is amended by
8 adding Section 229.5 as follows:
9 (35 ILCS 5/229.5 new)
10 Sec. 229.5. Biomanufacturing center tax credit.
11 (a) A taxpayer who has been awarded a credit by the
12 Department of Commerce and Economic Opportunity under Section
13 605-1027 of the Department of Commerce and Economic
14 Opportunity Law of the Civil Administrative Code of Illinois
15 is entitled to a credit against the taxes imposed under
16 subsections (a) and (b) of Section 201 of this Act in an amount
17 determined under that Act by the Department of Commerce and
18 Economic Opportunity.
19 (b) If the taxpayer is a partnership, a Subchapter S
20 corporation, or a limited liability company that has elected
21 partnership tax treatment, the credit shall be allowed to the
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1 partners, shareholders, or members in accordance with the
2 determination of income and distributive share of income under
3 Sections 702 and 704 and subchapter S of the Internal Revenue
4 Code, as applicable.
5 (c) In no event shall a credit under this Section reduce
6 the taxpayer's liability to less than zero. If the amount of
7 the credit exceeds the tax liability for the year, then the
8 excess credit shall be refunded to the taxpayer.
9 (d) No credit shall be allowed with respect to any
10 certification for any taxable year ending after the revocation
11 of the certification by the Department of Commerce and
12 Economic Opportunity. Upon receiving notification by the
13 Department of Commerce and Economic Opportunity of the
14 revocation of certification, the Department shall notify the
15 taxpayer that no credit is allowed for any taxable year ending
16 after the revocation date, as stated in such notification. If
17 any credit has been allowed with respect to a certification
18 for a taxable year ending after the revocation date, any
19 refund paid to the taxpayer for that taxable year shall, to the
20 extent of that credit allowed, be an erroneous refund within
21 the meaning of Section 912 of this Act.
22 (e) This Section is exempt from the provisions of Section
23 250 of this Act.
24 (f) The Department, in cooperation with the Department of
25 Commerce and Economic Opportunity, shall adopt rules to
26 enforce and administer this Section.
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1 Section 999. Effective date. This Act takes effect upon
2 becoming law.
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