103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5612

 

Introduced 2/9/2024, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 16/46

    Amends the Film Production Services Tax Credit Act of 2008. Provides that certain amounts shall be deposited into the Illinois Production Workforce Development Fund beginning on July 1, 2023 (currently, July 1, 2022). Provides that the amount deposited into the Fund shall be based on the amount transferred on the taxpayer's Illinois tax return (currently, transferred or claimed).


LRB103 37452 HLH 69430 b

 

 

A BILL FOR

 

HB5612LRB103 37452 HLH 69430 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Film Production Services Tax Credit Act of
52008 is amended by changing Section 46 as follows:
 
6    (35 ILCS 16/46)
7    Sec. 46. Illinois Production Workforce Development Fund.
8    (a) The Illinois Production Workforce Development Fund is
9created as a special fund in the State Treasury. Beginning
10July 1, 2023 July 1, 2022, amounts paid to the Department of
11Commerce and Economic Opportunity pursuant to Section 213 of
12the Illinois Income Tax Act shall be deposited into the Fund.
13The Fund shall be used exclusively to provide grants to
14community-based organizations, labor organizations, private
15and public universities, community colleges, and other
16organizations and institutions that may be deemed appropriate
17by the Department to administer workforce training programs
18that support efforts to recruit, hire, promote, retain,
19develop, and train a diverse and inclusive workforce in the
20film industry.
21    (b) Pursuant to Section 213 of the Illinois Income Tax
22Act, the Fund shall receive deposits in amounts not to exceed
230.25% of the amount of each credit certificate issued that is

 

 

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1not calculated on out-of-state wages and transferred or
2claimed on an Illinois tax return in the quarter such credit
3was transferred or claimed. In addition, such amount shall
4also include 2.5% of the credit amount calculated on wages
5paid to nonresidents that is transferred or claimed on an
6Illinois tax return in the quarter such credit was transferred
7or claimed.
8    (c) At the request of the Department, the State
9Comptroller and the State Treasurer may advance amounts to the
10Fund on an annual basis not to exceed $1,000,000 in any fiscal
11year. The fund from which the moneys are advanced shall be
12reimbursed in the same fiscal year for any such advance
13payments as described in this Section. The method of
14reimbursement shall be set forth in rules.
15    (d) Of the appropriated funds in a given fiscal year, 50%
16of the appropriated funds shall be reserved for organizations
17that meet one of the following criteria. The organization is:
18(1) a minority-owned business, as defined by the Business
19Enterprise for Minorities, Women, and Persons with
20Disabilities Act; (2) located in an underserved area, as
21defined by the Economic Development for a Growing Economy Tax
22Credit Act; or (3) on an annual basis, training a cohort of
23program participants where at least 50% of the program
24participants are either a minority person, as defined by the
25Business Enterprise for Minorities, Women, and Persons with
26Disabilities Act, or reside in an underserved area, as defined

 

 

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1by the Economic Development for a Growing Economy Tax Credit
2Act.
3    (e) The Illinois Production Workforce Development Fund
4shall be administered by the Department. The Department may
5adopt rules necessary to administer the provisions of this
6Section.
7    (f) Notwithstanding any other law to the contrary, the
8Illinois Production Workforce Development Fund is not subject
9to sweeps, administrative charge-backs, or any other fiscal or
10budgetary maneuver that would in any way transfer any amounts
11from the Illinois Production Workforce Development Fund.
12    (g) By June 30 of each fiscal year, the Department must
13submit to the General Assembly a report that includes the
14following information: (1) an identification of the
15organizations and institutions that received funding to
16administer workforce training programs during the fiscal year;
17(2) the number of total persons trained and the number of
18persons trained per workforce training program in the fiscal
19year; and (3) in the aggregate, per organization, the number
20of persons identified as a minority person or that reside in an
21underserved area that received training in the fiscal year.
22(Source: P.A. 102-700, eff. 4-19-22.)