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Full Text of HB3824  101st General Assembly

HB3824 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3824

 

Introduced , by Rep. Michael P. McAuliffe

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 16/30
35 ILCS 16/35

    Amends the Film Production Services Tax Credit Act of 2008. Provides that, for accredited productions certified or renewed on or after the effective date of the amendatory Act, the applicant shall verify that no person hired on the applicant's production has, prior to the date of the application or renewal: (i) been convicted of or pled guilty to a hate crime; (ii) been convicted of or pled guilty to disorderly conduct for falsifying a police report of a hate crime; or (iii) participated in a deferred prosecution program for disorderly conduct or for falsifying a police report of a hate crime. Makes conforming changes prohibiting the Department of Commerce and Economic Opportunity from issuing a tax credit certificate to a production that fails to verify that information. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3824LRB101 11880 HLH 58867 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 1. This Act may be cited as the Just Usage of State
5Subsidies In Entertainment Act.
 
6    Section 5. The Film Production Services Tax Credit Act of
72008 is amended by changing Sections 30 and 35 as follows:
 
8    (35 ILCS 16/30)
9    Sec. 30. Review of application for accredited production
10certificate.
11    (a) In determining whether to issue an accredited
12production certificate, the Department must determine that a
13preponderance of the following conditions exist:
14        (1) The applicant's production intends to make the
15    expenditure in the State required for certification.
16        (2) The applicant's production is economically sound
17    and will benefit the people of the State of Illinois by
18    increasing opportunities for employment and strengthen the
19    economy of Illinois.
20        (3) The applicant has filed a diversity plan with the
21    Department outlining specific goals (i) for hiring
22    minority persons and women, as defined in the Business

 

 

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1    Enterprise for Minorities, Women, and Persons with
2    Disabilities Act, and (ii) for using vendors receiving
3    certification under the Business Enterprise for
4    Minorities, Women, and Persons with Disabilities Act; the
5    Department has approved the plan as meeting the
6    requirements established by the Department; and the
7    Department has verified that the applicant has met or made
8    good-faith efforts in achieving those goals. The
9    Department must adopt any rules that are necessary to
10    ensure compliance with the provisions of this item (3) and
11    that are necessary to require that the applicant's plan
12    reflects the diversity of this State.
13        (4) The applicant's production application indicates
14    whether the applicant intends to participate in training,
15    education, and recruitment programs that are organized in
16    cooperation with Illinois colleges and universities, labor
17    organizations, and the motion picture industry and are
18    designed to promote and encourage the training and hiring
19    of Illinois residents who represent the diversity of the
20    Illinois population.
21        (5) That, if not for the credit, the applicant's
22    production would not occur in Illinois, which may be
23    demonstrated by any means including, but not limited to,
24    evidence that the applicant has multi-state or
25    international location options and could reasonably and
26    efficiently locate outside of the State, or demonstration

 

 

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1    that at least one other state or nation is being considered
2    for the production, or evidence that the receipt of the
3    credit is a major factor in the applicant's decision and
4    that without the credit the applicant likely would not
5    create or retain jobs in Illinois, or demonstration that
6    receiving the credit is essential to the applicant's
7    decision to create or retain new jobs in the State.
8        (6) Awarding the credit will result in an overall
9    positive impact to the State, as determined by the
10    Department using the best available data.
11    (a-5) For accredited productions certified or renewed on or
12after the effective date of this amendatory Act of the 101st
13General Assembly, the applicant shall verify that no person
14hired on the applicant's production has, prior to the date of
15the application or renewal: (i) been convicted of or pled
16guilty to a hate crime under Illinois law or a substantially
17similar law of another jurisdiction; (ii) been convicted of or
18pled guilty to disorderly conduct for falsifying a police
19report of a hate crime under Illinois law or a substantially
20similar law of another jurisdiction; or (iii) participated in a
21deferred prosecution program for disorderly conduct or for
22falsifying a police report of a hate crime under Illinois law
23or a substantially similar law of another jurisdiction.
24    (b) If any of the provisions in this Section conflict with
25any existing collective bargaining agreements, the terms and
26conditions of those collective bargaining agreements shall

 

 

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1control.
2(Source: P.A. 100-391, eff. 8-25-17.)
 
3    (35 ILCS 16/35)
4    Sec. 35. Issuance of Tax Credit Certificate.
5    (a) In order to qualify for a tax credit under this Act, an
6applicant must file an application, on forms prescribed by the
7Department, providing information necessary to calculate the
8tax credit, and any additional information as required by the
9Department.
10    (b) Upon satisfactory review of the application, the
11Department shall issue a Tax Credit Certificate stating the
12amount of the tax credit to which the applicant is entitled.
13    (c) For accredited productions certified or renewed on or
14after the effective date of this amendatory Act of the 101st
15General Assembly, the Department shall not issue a tax credit
16certificate to a production that fails to verify the
17information required under subsection (a-5) of Section 30 of
18this Act.
19(Source: P.A. 95-720, eff. 5-27-08.)
 
20    Section 99. Effective date. This Act takes effect upon
21becoming law.