SB3038 102ND GENERAL ASSEMBLY

LRB102 22297 RJF 31431 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3038

Introduced 1/5/2022, by Sen. Robert Peters

SYNOPSIS AS INTRODUCED:

30 ILCS 500/20-175 new
55 ILCS 5/5-3004 new
65 ILCS 5/11-42.1-2 new

Amends the Illinois Procurement Code, the Counties Code, and the Illinois Municipal Code. Provides that no agreement or contract entered into by the State, any municipality, or any county, or any party negotiating on behalf of such governmental entity, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.

A BILL FOR

AN ACT concerning finance.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. This Act may be referred to as the Honesty in Economic Development Act.

Section 5. The Illinois Procurement Code is amended by adding Section 20-175 as follows:

(30 ILCS 500/20-175 new)

Sec. 20-175. Non-disclosure agreements; prohibitions. Notwithstanding any provision of law to the contrary, no agreement or contract entered into by any agency, instrumentality, or political subdivision of the State, or any party negotiating on behalf of such governmental entity, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.

Section 10. The Counties Code is amended by adding Section 5-3004 as follows:

(55 ILCS 5/5-3004 new)

Sec. 5-3004. Non-disclosure agreements; prohibitions. Notwithstanding any provision of law to the contrary, no agreement or contract entered into by any county, or any party negotiating on behalf of the county, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.

Section 15. The Illinois Municipal Code is amended by adding Section 11-42.1-2 as follows:

(65 ILCS 5/11-42.1-2 new)

Sec. 11-42.1-2. Non-disclosure agreements; prohibitions. Non-disclosure agreements; prohibitions. Notwithstanding any provision of law to the contrary, no agreement or contract entered into by any municipality, or any party negotiating on behalf of the municipality, for projects or economic development, including, but not limited to, tax incentives, payments in lieu of taxes, tax abatements, bonds, notes, loans, grants, or rebates, shall contain any provision, clause, or language that provides that the agreement or contract or any of its terms are confidential or that the parties to the agreement or contract are prohibited from disclosing, discussing, describing, or commenting upon the terms of the agreement or contract.