HB4152 103RD GENERAL ASSEMBLY

LRB103 34564 HLH 64401 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4152

Introduced , by Rep. Tony M. McCombie

SYNOPSIS AS INTRODUCED:

30 ILCS 751/30
30 ILCS 751/32

Amends the Invest in Illinois Act. Provides that certain notices under the Act shall also be sent to the Minority Leader of the Senate and the Minority Leader of the House of Representatives. Provides that the Minority Leader of the Senate and the Minority Leader of the House of Representatives may also object to agreements under the Act. Effective immediately.

A BILL FOR

AN ACT concerning State government.

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

Section 5. The Invest in Illinois Act is amended by changing Sections 30 and 32 as follows:

(30 ILCS 751/30)

Sec. 30. Agreement.

(a) Upon approval of an application under this Act, the Department shall enter into an agreement with the applicant that shall include, at a minimum, the following:

(1) a detailed description of the project that is the subject of the agreement, as well as the performance conditions, including the required amount of capital investment and the number of jobs required to be created or retained;

(2) the performance conditions that must be met to obtain the award, including, but not limited to, the number of new jobs created, the average salary, and the total capital investment;

(3) the schedule of payments;

(4) a requirement that the applicant maintain operations at the project location for a minimum number of years;

(5) a specific method for determining the number of new employees and, if applicable, the number of retained employees, to be employed during each taxable year covered by the agreement;

(6) a requirement that the taxpayer annually report to the Department the number of new employees and any other information the Department deems necessary and appropriate to perform its duties under this Act;

(7) a detailed description of the number of new employees to be hired and the occupation and payroll of full-time jobs to be created or retained because of the project;

(8) the minimum capital investment the taxpayer will make, the time period for placing the property in service, and the designated location in Illinois for the capital investment;

(9) a requirement that the taxpayer provide written notice to the Director and the Director's designee not more than 30 days after the taxpayer determines that the minimum job creation, job retention, employment payroll, or capital investment is no longer or will no longer be achieved or maintained as required in the agreement and include in that notice the number of layoffs, the date of the layoffs, and the taxpayer's efforts to provide career and training counseling to the impacted workers with industry-related certifications and trainings;

(10) a claw-back provision to recapture incentive amounts for failure to meet the provisions contained in the agreement; and

(11) a provision that the agreement shall not take effect, nor may any funds be expended or transferred under the agreement, if the Department fails to comply with the notification requirements under Section 32 or if the Speaker of the House of Representatives, or the Senate President, the Minority Leader of the Senate, or the Minority Leader of the House of Representatives (or their designees, if applicable) submit a letter of rejection under Section 32.

(b) Subject to the provisions of Section 32, the Department may issue the incentive to the applicant within the time period the Department deems appropriate in order to ensure that the applicant achieves the performance conditions set forth in the agreement.

(Source: P.A. 102-1125, eff. 2-3-23.)

(30 ILCS 751/32)

Sec. 32. General Assembly notification. The Department shall notify the President of the Senate, or his or her designee, and the Speaker of the House of Representatives, or his or her designee, the Minority Leader of the Senate, or his or her designee, and the Minority Leader of the House of Representatives, or his or her designee, when awards for the purposes of this Act are nearing final negotiation with an applicant. The notification shall include the prospective amount of the award and other relevant information related to the application. The President of the Senate, and the Speaker of the House, the Minority Leader of the Senate, and the Minority of Leader of the House, or their designees, if applicable, shall certify that they have been notified of the planned awards and that they do not object. If there is no objection certified from the President of the Senate, and the Speaker of the House, the Minority Leader of the Senate, or the Minority Leader of the House, the Department may enter into an agreement under this Act for the award amount contained in the notification. If the Department enters into an agreement under this Act for an award in an amount that is different than the amount contained in the notification, it shall deliver a copy of the agreement to both the Speaker of the House of Representatives, or his or her designee, and the Senate President, or his or her designee, the Minority Leader of the Senate, or his or her designee, and the Minority Leader of the House of Representatives, or his or her designee, within 2 days after the agreement is executed. Notwithstanding any other provision of this Act, an agreement entered into under this Act shall not take effect, nor may any funds be expended or transferred under that agreement, if the Speaker of the House of Representatives, and the Senate President, the Minority Leader of the Senate, or the Minority Leader of the House of Representatives, or their designees, if applicable, submit a letter to the Department noting an objection to the agreement in writing within 2 days after the notification is delivered to the Speaker of the House of Representatives, and the Senate President, the Minority Leader of the Senate, and the Minority Leader of the House of Representatives, or their designees, if applicable.

(Source: P.A. 102-1125, eff. 2-3-23.)

Section 99. Effective date. This Act takes effect upon becoming law.