HB3859ham001 98TH GENERAL ASSEMBLY

Rep. Christian L. Mitchell

Filed: 3/27/2014

09800HB3859ham001 LRB098 15418 JWD 57482 a

AMENDMENT TO HOUSE BILL 3859

AMENDMENT NO. ______. Amend House Bill 3859 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Illinois Public Subsidies Living Wage Act.

Section 5. Definitions.

"Covered worker" means full-time employees and new employees claimed by the taxpayer as satisfying the requirements of the Economic Development for a Growing Economy Tax Credit Act necessary for the taxpayer to receive a credit under that Act. "Covered worker" also includes all employees of the taxpayer employed in projects described under Section 5-20 of the Economic Development for a Growing Economy Tax Credit Act, including employees of contractors and subcontractors employed by, or providing services to, the taxpayer.

"Credit" has the meaning provided in Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act.

"Full-time employee" has the meaning provided in Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act.

"New employee" has the meaning provided in Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act.

"Taxpayer" has the meaning provided in Section 5-5 of the Economic Development for a Growing Economy Tax Credit Act. "Taxpayer" also includes any contractor or subcontractor employed or used by the taxpayer in fulfillment of a project described under Section 5-20 of the Economic Development for a Growing Economy Tax Credit Act.

Section 10. Scope. For agreements entered into on or after the effective date of this Act, any taxpayer that receives a credit under the Economic Development for a Growing Economy Tax Credit Act, must, for covered workers, pay a living wage and provide benefits as set forth in this Section:

(1) Living wage. For job sites located in a Metropolitan Statistical Area, as defined by the Office of Management and Budget within the Executive Office of the President of the United States, the average hourly wage paid to non-managerial workers at the project site must be no lower than 100% of the State rate for the industry, as most recently established by the United States Bureau of Labor Statistics. For job sites located outside of a Metropolitan Statistical Area, as defined by the Office of Management and Budget within the Executive Office of the President of the United States, the average weekly wage paid to non-managerial employees must be no lower than 100% of the rate for the industry in the county where the project site is located, as most recently established by the United States Department of Commerce.

(2) Benefits. The taxpayer must offer health insurance coverage and at least half of the cost of the insurance premium must be paid by the taxpayer. Nothing in this subsection shall be construed to prevent a taxpayer from paying a greater portion of the insurance premium.

(3) Paid time off. Each employee must receive not less than 12 days per year of paid time off. Nothing in this subsection shall be construed to prevent a taxpayer from providing additional paid time off to employees.

Section 100. The Economic Development for a Growing Economy Tax Credit Act is amended by changing Section 5-65 as follows:

(35 ILCS 10/5-65)

Sec. 5-65. Noncompliance; notice; assessment. If the Director determines that a Taxpayer who has received a Credit under this Act is not complying with the requirements of the Agreement, all of the provisions of the Illinois Public Subsidies Living Wage Act, or all of the provisions of this Act, the Director shall provide notice to the Taxpayer of the alleged noncompliance, and allow the Taxpayer a hearing under the provisions of the Illinois Administrative Procedure Act. If, after such notice and any hearing, the Director determines that a noncompliance exists, the Director shall issue to the Department of Revenue notice to that effect, stating the Noncompliance Date.

(Source: P.A. 91-476, eff. 8-11-99.)".