Full Text of HB1839 102nd General Assembly
HB1839eng 102ND GENERAL ASSEMBLY |
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| 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 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. | 17 | | "Development assistance" means tax credits and tax | 18 | | exemptions given as an incentive to a business organization | 19 | | pursuant to an agreement with the Department or an initial | 20 | | certification or designation issued by the Department. This | 21 | | term does not include any Department-administered tax credit | 22 | | program that provides a tax credit to an investor in a | 23 | | business. |
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| 1 | | "Development assistance agreement" means: (i) any | 2 | | agreement or memorandum of understanding executed by the State | 3 | | granting body and the business organization participating in | 4 | | the development assistance program setting forth the terms and | 5 | | conditions of development assistance to be provided to the | 6 | | recipient consistent with the final application for | 7 | | development assistance, including, but not limited to, the | 8 | | date of assistance, submitted to and approved by the | 9 | | Department; and (ii) any application for certification or | 10 | | designation setting forth the terms and conditions of | 11 | | development assistance to be provided to the recipient that is | 12 | | approved by the Department. | 13 | | "Good corporate citizen" means a business that | 14 | | demonstrates a capacity for legal compliance. | 15 | | "Good corporate citizen requirements" means any | 16 | | development assistance agreement requirements provided for in | 17 | | this Section or by administrative rule. | 18 | | "Related member" has the same meaning as set forth in | 19 | | Section 5-5 of the Economic Development for a Growing Economy | 20 | | Tax Credit Act. | 21 | | (b) The Department may require a business organization to | 22 | | agree to certain terms that ensure the business, including its | 23 | | related members, is a good corporate citizen as a condition | 24 | | for receiving development assistance. A business that cannot | 25 | | truthfully agree to any required terms shall be ineligible for | 26 | | the development assistance. Such terms may include, but need |
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| 1 | | not be limited to, covenants, representations, and warranties | 2 | | that: | 3 | | (1) the business, its corporate officers, or corporate | 4 | | parent or affiliate, are not or have not been the subject | 5 | | of any criminal charges within 5 years prior to the | 6 | | application for development assistance or during the term | 7 | | of a development assistance agreement; | 8 | | (2) there has been no charges, complaints, or other | 9 | | actions having the effect of initiating judicial or | 10 | | administrative proceedings brought by the State of | 11 | | Illinois or any governmental body within the State of | 12 | | Illinois, including the federal government, with respect | 13 | | to the business or its officers or a corporate parent or | 14 | | affiliate that relates to alleged fraud or activity that | 15 | | poses a substantial threat or persistent nuisance to | 16 | | public health, safety, or welfare; | 17 | | (3) the business and any corporate parent or affiliate | 18 | | are not delinquent on the payment of any taxes to the State | 19 | | of Illinois or on the Illinois Stop Payment List or a | 20 | | debarred or suspended parties list maintained by the State | 21 | | of Illinois or the United States; and | 22 | | (4) the business and any corporate parent or affiliate | 23 | | operating within Illinois will comply with the | 24 | | requirements of all applicable laws governing the project | 25 | | supported by the development assistance, the Illinois | 26 | | Human Rights Act, the Illinois Prevailing Wage Act, the |
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| 1 | | Wage Payment and Collection Act, the Consumer Fraud and | 2 | | Deceptive Business Practices Act, the Right to Privacy in | 3 | | the Workplace Act, and the federal National Labor | 4 | | Relations Act. | 5 | | (c) Compliance with good corporate citizen eligibility is | 6 | | required throughout the term of a development assistance | 7 | | agreement. The Department may suspend the development | 8 | | assistance for noncompliance and may seek revocation of any | 9 | | credits or exemptions that were earned or used during a time | 10 | | when the business or its corporate parent or affiliate was not | 11 | | in compliance with any applicable requirements. | 12 | | A business whose development assistance is suspended due | 13 | | to the initiation of a proceeding as described in paragraphs | 14 | | (1) or (2) of subsection (b) may be issued certificates of | 15 | | verification or exemption in suspended status, and such | 16 | | credits or exemptions shall not be able to be claimed unless | 17 | | and until the proceeding concludes without any finding of | 18 | | wrongdoing or liability by the business, its corporate | 19 | | officers, or corporate parent or affiliate and there is no | 20 | | settlement payment by the business, its corporate officers, or | 21 | | corporate parent or affiliate in excess of $5,000,000. Credits | 22 | | or exemptions issued in suspended status shall remain subject | 23 | | to any statutory time limits on their use. | 24 | | (d) The Department shall adopt rules setting forth any | 25 | | other programmatic terms and conditions and the consequences | 26 | | for noncompliance during the term of a development assistance |
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| 1 | | agreement. The Department may adopt rules providing for | 2 | | exceptions to the good corporate citizen requirements if an | 3 | | application would, in the determination of the Department, | 4 | | cause an imminent and demonstrable hardship to the people of | 5 | | Illinois or to the business's workforce. If an exception is | 6 | | granted, the business must agree to a contractual modification | 7 | | identifying the exception and the basis for granting it.
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