Full Text of HB1839 102nd General Assembly
HB1839ham001 102ND GENERAL ASSEMBLY | Rep. Margaret Croke Filed: 4/15/2021
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| 1 | | AMENDMENT TO HOUSE BILL 1839
| 2 | | AMENDMENT NO. ______. Amend House Bill 1839 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois | 6 | | is amended by adding Section 605-1055 as follows: | 7 | | (20 ILCS 605/605-1055 new) | 8 | | Sec. 605-1055. Good corporate citizen requirement for tax | 9 | | incentive recipients. | 10 | | (a) As used in this Section: | 11 | | "Business" means an applicant for or recipient of | 12 | | development assistance. | 13 | | "Corporate parent or affiliate" means: (i) a related | 14 | | member with respect to a business; or (ii) an entity that | 15 | | exercises control over the business and whose interests are | 16 | | served by the business. |
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| 1 | | "Development assistance" means tax credits and tax | 2 | | exemptions given as an incentive to a business organization | 3 | | pursuant to an agreement with the Department or an initial | 4 | | certification or designation issued by the Department. This | 5 | | term does not include any Department-administered tax credit | 6 | | program that provides a tax credit to an investor in a | 7 | | business. | 8 | | "Development assistance agreement" means: (i) any | 9 | | agreement or memorandum of understanding executed by the State | 10 | | granting body and the business organization participating in | 11 | | the development assistance program setting forth the terms and | 12 | | conditions of development assistance to be provided to the | 13 | | recipient consistent with the final application for | 14 | | development assistance, including, but not limited to, the | 15 | | date of assistance, submitted to and approved by the | 16 | | Department; and (ii) any application for certification or | 17 | | designation setting forth the terms and conditions of | 18 | | development assistance to be provided to the recipient that is | 19 | | approved by the Department. | 20 | | "Good corporate citizen" means a business that | 21 | | demonstrates a capacity for legal compliance. | 22 | | "Good corporate citizen requirements" means any | 23 | | development assistance agreement requirements provided for in | 24 | | this Section or by administrative rule. | 25 | | "Related member" has the same meaning as set forth in | 26 | | Section 5-5 of the Economic Development for a Growing Economy |
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| 1 | | Tax Credit Act. | 2 | | (b) The Department may require a business organization to | 3 | | agree to certain terms that ensure the business, including its | 4 | | related members, is a good corporate citizen as a condition | 5 | | for receiving development assistance. A business that cannot | 6 | | truthfully agree to any required terms shall be ineligible for | 7 | | the development assistance. Such terms may include, but need | 8 | | not be limited to, covenants, representations, and warranties | 9 | | that: | 10 | | (1) the business, its corporate officers, or corporate | 11 | | parent or affiliate, are not or have not been the subject | 12 | | of any criminal charges within 5 years prior to the | 13 | | application for development assistance or during the term | 14 | | of a development assistance agreement; | 15 | | (2) there has been no charges, complaints, or other | 16 | | actions having the effect of initiating judicial or | 17 | | administrative proceedings brought by the State of | 18 | | Illinois or any governmental body within the State of | 19 | | Illinois, including the federal government, with respect | 20 | | to the business or its officers or a corporate parent or | 21 | | affiliate that relates to alleged fraud or activity that | 22 | | poses a substantial threat or persistent nuisance to | 23 | | public health, safety, or welfare; | 24 | | (3) the business and any corporate parent or affiliate | 25 | | are not delinquent on the payment of any taxes to the State | 26 | | of Illinois or on the Illinois Stop Payment List or a |
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| 1 | | debarred or suspended parties list maintained by the State | 2 | | of Illinois or the United States; and | 3 | | (4) the business and any corporate parent or affiliate | 4 | | operating within Illinois will comply with the | 5 | | requirements of all applicable laws governing the project | 6 | | supported by the development assistance, the Illinois | 7 | | Human Rights Act, the Illinois Prevailing Wage Act, the | 8 | | Wage Payment and Collection Act, the Consumer Fraud and | 9 | | Deceptive Business Practices Act, the Right to Privacy in | 10 | | the Workplace Act, and the federal National Labor | 11 | | Relations Act. | 12 | | (c) Compliance with good corporate citizen eligibility is | 13 | | required throughout the term of a development assistance | 14 | | agreement. The Department may suspend the development | 15 | | assistance for noncompliance and may seek revocation of any | 16 | | credits or exemptions that were earned or used during a time | 17 | | when the business or its corporate parent or affiliate was not | 18 | | in compliance with any applicable requirements. | 19 | | A business whose development assistance is suspended due | 20 | | to the initiation of a proceeding as described in paragraphs | 21 | | (1) or (2) of subsection (b) may be issued certificates of | 22 | | verification or exemption in suspended status, and such | 23 | | credits or exemptions shall not be able to be claimed unless | 24 | | and until the proceeding concludes without any finding of | 25 | | wrongdoing or liability by the business, its corporate | 26 | | officers, or corporate parent or affiliate and there is no |
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| 1 | | settlement payment by the business, its corporate officers, or | 2 | | corporate parent or affiliate in excess of $5,000,000. Credits | 3 | | or exemptions issued in suspended status shall remain subject | 4 | | to any statutory time limits on their use. | 5 | | (d) The Department shall adopt rules setting forth any | 6 | | other programmatic terms and conditions and the consequences | 7 | | for noncompliance during the term of a development assistance | 8 | | agreement. The Department may adopt rules providing for | 9 | | exceptions to the good corporate citizen requirements if an | 10 | | application would, in the determination of the Department, | 11 | | cause an imminent and demonstrable hardship to the people of | 12 | | Illinois or to the business's workforce. If an exception is | 13 | | granted, the business must agree to a contractual modification | 14 | | identifying the exception and the basis for granting it. ".
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