Full Text of HB5230 96th General Assembly
HB5230enr 96TH GENERAL ASSEMBLY
|
|
|
HB5230 Enrolled |
|
LRB096 17698 HLH 33062 b |
|
| 1 |
| AN ACT concerning State government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Corporate Accountability for Tax | 5 |
| Expenditures Act is amended by changing Section 20 as follows:
| 6 |
| (20 ILCS 715/20)
| 7 |
| Sec. 20. State development assistance disclosure.
| 8 |
| (a) Beginning February 1, 2005 and each year thereafter, | 9 |
| every State
granting body shall submit to the Department copies | 10 |
| of all development
assistance agreements that it approved in | 11 |
| the prior calendar year.
| 12 |
| (b) For each development assistance agreement for which the | 13 |
| date of
assistance has occurred in the prior calendar year, | 14 |
| each recipient shall
submit to the Department a progress | 15 |
| report . A recipient of multiple development assistance | 16 |
| agreements in the same award year and for a single project site | 17 |
| may file a consolidated progress report if the applicant's base | 18 |
| number of employees and number of jobs to be created and | 19 |
| retained as stated in the multiple development assistance | 20 |
| agreements or applications are the same. A progress report that | 21 |
| shall include, but not be
limited to, the following:
| 22 |
| (1) Each The application tracking number.
| 23 |
| (2) The office mailing address, telephone number, and |
|
|
|
HB5230 Enrolled |
- 2 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| the name of the
chief
officer of the granting body.
| 2 |
| (3) The office mailing address, telephone number, | 3 |
| 4-digit SIC
number or successor number,
and the name of the | 4 |
| chief officer of the applicant or authorized designee
for | 5 |
| the specific project site for which the
development
| 6 |
| assistance was approved by the State granting body.
| 7 |
| (4) The type of development assistance program and | 8 |
| value of assistance
that was approved by the State granting | 9 |
| body.
| 10 |
| (5) The applicant's total number of employees at the | 11 |
| specific project
site on the
date that the application was | 12 |
| submitted to the State granting body and the
applicant's | 13 |
| total number of employees at the
specific
project site on | 14 |
| the date of the report, including the number of full-time,
| 15 |
| permanent jobs, the number of
part-time jobs, and
the | 16 |
| number of temporary jobs, and a computation of the gain or | 17 |
| loss of jobs in
each category.
| 18 |
| (6) The number of new employees and retained employees | 19 |
| the applicant
stated
in its development assistance | 20 |
| agreement, if any, if not, then in its
application, would | 21 |
| be created
by the development assistance broken down by | 22 |
| full-time, permanent, part-time,
and
temporary.
| 23 |
| (7) A declaration of whether the recipient is
in | 24 |
| compliance with each the development assistance agreement.
| 25 |
| (8) A detailed list of the occupation or job | 26 |
| classifications and number
of new employees or
retained |
|
|
|
HB5230 Enrolled |
- 3 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| employees to be hired in full-time, permanent jobs, a | 2 |
| schedule of
anticipated
starting dates of the new hires and | 3 |
| the actual average wage by occupation or
job classification
| 4 |
| and total payroll to be created as a result of the | 5 |
| development assistance.
| 6 |
| (9) A narrative, if necessary, describing how the | 7 |
| recipient's use of the
development assistance during the | 8 |
| reporting year has reduced employment at
any site in | 9 |
| Illinois.
| 10 |
| (10) A certification by the chief officer of the
| 11 |
| applicant
or his or her authorized designee that the | 12 |
| information in the progress report
contains no
knowing | 13 |
| misrepresentation of material facts upon which eligibility | 14 |
| for
development
assistance is based.
| 15 |
| (11) Any other information the Department shall deem | 16 |
| necessary to ensure compliance with a development | 17 |
| assistance program. | 18 |
| (c) The State granting body, or a successor agency,
shall | 19 |
| have full
authority to verify information contained in the | 20 |
| recipient's progress report,
including the authority to
| 21 |
| inspect the specific project site and
inspect the records of | 22 |
| the recipient that are subject to the development
assistance | 23 |
| agreement.
| 24 |
| (d) By June 1, 2005 and by June 1 of each year thereafter, | 25 |
| the
Department shall compile
and publish all data in all of the | 26 |
| progress reports in
both written and electronic form.
|
|
|
|
HB5230 Enrolled |
- 4 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| (e) If a recipient of development assistance fails to | 2 |
| comply with
subsection (b) of this Section, the Department | 3 |
| shall, within 20 working days
after the
reporting submittal
| 4 |
| deadlines set forth in (i) the legislation authorizing, (ii) | 5 |
| the
administrative rules implementing, or
(iii) specific | 6 |
| provisions in development assistance agreements pertaining to
| 7 |
| the development assistance programs, suspend within 33 working | 8 |
| days any current
development
assistance to the
recipient under | 9 |
| its control, and shall be prohibited from completing any
| 10 |
| current or providing any
future development assistance until it | 11 |
| receives proof that the recipient has
come into compliance
with | 12 |
| the requirements of subsection (b) of this Section.
| 13 |
| (f) The Department shall have the discretion to modify the | 14 |
| information
required
in the progress report required under | 15 |
| subsection (b) consistent with the
disclosure purpose
of this | 16 |
| Section for any grants under the Industrial Training Program | 17 |
| that are
not given as
an incentive to a recipient business | 18 |
| organization.
| 19 |
| (Source: P.A. 93-552, eff. 8-20-03.)
| 20 |
| Section 10. The Build Illinois Act is amended by changing | 21 |
| Section 10-3 as follows:
| 22 |
| (30 ILCS 750/10-3) (from Ch. 127, par. 2710-3)
| 23 |
| Sec. 10-3. Powers and Duties. The Department has the power | 24 |
| to:
|
|
|
|
HB5230 Enrolled |
- 5 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| (a) Provide loans from the Build Illinois Bond Fund, the | 2 |
| Fund for Illinois' Future, or the Large Business
Attraction | 3 |
| Fund to a business undertaking a project and accept mortgages | 4 |
| or
other evidences of indebtedness or security of such | 5 |
| business.
| 6 |
| (b) Provide grants from the Build Illinois Bond Fund, the | 7 |
| Fund for Illinois' Future, or the Large Business
Attraction | 8 |
| Fund to or for the direct
benefit of a business undertaking a | 9 |
| project. Any such grant shall (i) be
made and used only for the | 10 |
| purpose of assisting the financing of the
business for the | 11 |
| project in order to reduce the cost of financing to the
| 12 |
| business, (ii) be made only if a participating lender, or other | 13 |
| funding
source including the applicant, also provides a portion | 14 |
| of the financing
with respect to the project, and only if the | 15 |
| Department determines, on the
basis of all the information | 16 |
| available to it, that the project would not be
undertaken in | 17 |
| Illinois unless the grant is provided, (iii) provide no more
| 18 |
| than 25% of the total dollar amount of any single project cost | 19 |
| and be
approved for amounts from the Fund not to exceed | 20 |
| $500,000 for any single
project, unless waived by the Director | 21 |
| upon a finding that such waiver is
appropriate to accomplish | 22 |
| the purpose of this Article, (iv) be made only
after the | 23 |
| Department has determined that the grant will cause a project | 24 |
| to
be undertaken which has the potential to create substantial | 25 |
| employment in
relation to the amount of the grant, and (v) be | 26 |
| made with a business that
has certified the project is a new |
|
|
|
HB5230 Enrolled |
- 6 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| plant start-up or expansion and is not a
relocation of an | 2 |
| existing business from another site in Illinois unless
that | 3 |
| relocation results in substantial employment growth.
| 4 |
| (c) Enter into agreements, accept funds or grants and | 5 |
| cooperate with
agencies of the federal government, local units | 6 |
| of government and local
regional economic development | 7 |
| corporations or organizations for the purposes of
carrying out | 8 |
| this Article.
| 9 |
| (d) Enter into contracts, letters of credit or any other | 10 |
| agreements or
contracts with financial institutions necessary | 11 |
| or desirable to carry out the
purposes of this Article. Any | 12 |
| such agreement or contract may include, without
limitation, | 13 |
| terms and provisions relating to a specific project such as | 14 |
| loan
documentation, review and approval procedures, | 15 |
| organization and servicing
rights, default conditions and | 16 |
| other program aspects.
| 17 |
| (e) Fix, determine, charge and collect any premiums, fees, | 18 |
| charges, costs
and expenses, including application fees, | 19 |
| commitment fees, program fees,
financing charges or | 20 |
| publication fees in connection with its activities under
this | 21 |
| Article.
| 22 |
| (f) Establish application, notification, contract and | 23 |
| other procedures,
rules or regulations deemed necessary and | 24 |
| appropriate.
| 25 |
| (g) Subject to the provisions of any contract with another | 26 |
| person and
consent to the modification or restructuring of any |
|
|
|
HB5230 Enrolled |
- 7 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| loan agreement to which the
Department is a party.
| 2 |
| (h) Take any actions which are necessary or appropriate to | 3 |
| protect the
State's interest in the event of bankruptcy, | 4 |
| default, foreclosure or
noncompliance with the terms and | 5 |
| conditions of financial assistance or
participation provided | 6 |
| under this Article, including the power to sell,
dispose, lease | 7 |
| or rent, upon terms and conditions determined by the Director | 8 |
| to
be appropriate, real or personal property which the | 9 |
| Department may receive as a
result thereof.
| 10 |
| (i) Acquire and accept by gift, grant, purchase or | 11 |
| otherwise, but not by
condemnation, fee simple title, or such | 12 |
| lesser interest as may be desired, in
land, and to improve or | 13 |
| arrange for the improvement of such land for industrial
or | 14 |
| commercial site development purposes, and to lease or convey | 15 |
| such land, or
interest in land, so acquired and so improved, | 16 |
| including sale and conveyance
subject to a mortgage, for such | 17 |
| price, upon such terms and at such time as the
Department may | 18 |
| determine, provided that prior to exercising its authority | 19 |
| under
this subsection, the Director shall find that other means | 20 |
| of financing and
developing any such project are not reasonably | 21 |
| available and that such action
is consistent with the purposes | 22 |
| and policies of this Article.
| 23 |
| (j) Provide grants from the Build Illinois Bond Fund to | 24 |
| municipalities and counties to demolish abandoned buildings
| 25 |
| pursuant to Section 11-31-1 of the Illinois Municipal Code or | 26 |
| Section 5-1080 of
the Counties Code, for the purpose of making |
|
|
|
HB5230 Enrolled |
- 8 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| unimproved land available for
purchase by businesses for | 2 |
| economic development. Such grants shall be provided
only when: | 3 |
| (1) the owner of property on which the abandoned building is
| 4 |
| situated has entered into a contract to sell such property; (2) | 5 |
| the Department
has determined that the grant will be used to | 6 |
| cause a project to be undertaken
which will result in the | 7 |
| creation of employment; (3) the business which has
entered into | 8 |
| a contract to purchase the property has certified that it will | 9 |
| use
the property for a project which is a new plant start-up or | 10 |
| expansion or a new
venture opportunity and is not a relocation | 11 |
| of an existing business from
another site within the State | 12 |
| unless that relocation results in substantial
employment | 13 |
| growth. If a municipality or county receives grants under this
| 14 |
| paragraph, it shall file a notice of lien against the owner or | 15 |
| owners of such
demolished buildings to recover the costs and | 16 |
| expenses incurred in the
demolition of such buildings pursuant | 17 |
| to Section 11-31-1 of the Illinois
Municipal Code or Section | 18 |
| 5-1080 of the Counties Code. All such costs and
expenses | 19 |
| recovered by the county or municipality shall be paid to the
| 20 |
| Department for deposit in the Build Illinois Purposes Account. | 21 |
| Priority shall
be given to enterprise zones or those areas with | 22 |
| high unemployment whose tax
base is adversely impacted by the | 23 |
| closing of existing factories.
| 24 |
| (j-5) A business accepting a grant or loan under this | 25 |
| Article shall provide the Department with quarterly reports | 26 |
| detailing financial and performance information as requested |
|
|
|
HB5230 Enrolled |
- 9 - |
LRB096 17698 HLH 33062 b |
|
| 1 |
| by the Department during the grant or loan period. | 2 |
| (k) Exercise such other powers as are necessary or | 3 |
| incidental to the
foregoing.
| 4 |
| (Source: P.A. 94-91, eff. 7-1-05.)
|
|