Full Text of HB4012 096th General Assembly
HB4012 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4012
Introduced 2/26/2009, by Rep. Mark L. Walker SYNOPSIS AS INTRODUCED: |
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20 ILCS 715/20 |
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30 ILCS 750/10-3 |
from Ch. 127, par. 2710-3 |
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Amends the Corporate Accountability for Tax Expenditures Act. Provides that each recipient of development assistance shall file an annual consolidated progress report (instead of a progress report for each development assistance agreement). Provides that the progress report may include other information the Department deems necessary to ensure compliance with a development assistance program. Amends the Build Illinois Bond Act. Provides that businesses that receive certain grants or loans must notify the Department if the business fails to meet the agreed employment or investment conditions of the grant or loan.
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A BILL FOR
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HB4012 |
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LRB096 11696 HLH 22379 b |
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| AN ACT concerning State government.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Corporate Accountability for Tax | 5 |
| Expenditures Act is amended by changing Section 20 as follows:
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| (20 ILCS 715/20)
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| Sec. 20. State development assistance disclosure.
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| (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.
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| (b) Each recipient of development assistance shall file an | 13 |
| annual consolidated For each development assistance agreement | 14 |
| for which the date of
assistance has occurred in the prior | 15 |
| calendar year, each recipient shall
submit to the Department a | 16 |
| progress report that shall include, but not be
limited to, the | 17 |
| following:
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| (1) The application tracking number of each | 19 |
| development agreement in which the recipient participated .
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| (2) The office mailing address, telephone number, and | 21 |
| the name of the
chief
officer of the granting body.
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| (3) The office mailing address, telephone number, | 23 |
| 4-digit SIC
number or successor number,
and the name of the |
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| chief officer of the applicant or authorized designee
for | 2 |
| the specific project site for which the
development
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| assistance was approved by the State granting body.
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| (4) The type of development assistance program and | 5 |
| value of assistance
that was approved by the State granting | 6 |
| body.
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| (5) The applicant's total number of employees at the | 8 |
| specific project
site on the
date that the application was | 9 |
| submitted to the State granting body and the
applicant's | 10 |
| total number of employees at the
specific
project site on | 11 |
| the date of the report, including the number of full-time,
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| permanent jobs, the number of
part-time jobs, and
the | 13 |
| number of temporary jobs, and a computation of the gain or | 14 |
| loss of jobs in
each category.
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| (6) The number of new employees and retained employees | 16 |
| the applicant
stated
in its development assistance | 17 |
| agreement, if any, if not, then in its
application, would | 18 |
| be created
by the development assistance broken down by | 19 |
| full-time, permanent, part-time,
and
temporary.
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| (7) A declaration of whether the recipient is
in | 21 |
| compliance with each of the development assistance | 22 |
| agreements in which the recipient participates agreement .
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| (8) A detailed list of the occupation or job | 24 |
| classifications and number
of new employees or
retained | 25 |
| employees to be hired in full-time, permanent jobs, a | 26 |
| schedule of
anticipated
starting dates of the new hires and |
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| the actual average wage by occupation or
job classification
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| and total payroll to be created as a result of the | 3 |
| development assistance.
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| (9) A narrative, if necessary, describing how the | 5 |
| recipient's use of the
development assistance during the | 6 |
| reporting year has reduced employment at
any site in | 7 |
| Illinois.
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| (10) A certification by the chief officer of the
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| applicant
or his or her authorized designee that the | 10 |
| information in the progress report
contains no
knowing | 11 |
| misrepresentation of material facts upon which eligibility | 12 |
| for
development
assistance is based.
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| (11) Any other information the Department shall deem | 14 |
| necessary to ensure compliance with a development | 15 |
| assistance program. | 16 |
| (c) The State granting body, or a successor agency,
shall | 17 |
| have full
authority to verify information contained in the | 18 |
| recipient's progress report,
including the authority to
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| inspect the specific project site and
inspect the records of | 20 |
| the recipient that are subject to the development
assistance | 21 |
| agreement.
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| (d) By June 1, 2005 and by June 1 of each year thereafter, | 23 |
| the
Department shall compile
and publish all data in all of the | 24 |
| progress reports in
both written and electronic form.
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| (e) If a recipient of development assistance fails to | 26 |
| comply with
subsection (b) of this Section, the Department |
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| shall, within 20 working days
after the
reporting submittal
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| deadlines set forth in (i) the legislation authorizing, (ii) | 3 |
| the
administrative rules implementing, or
(iii) specific | 4 |
| provisions in development assistance agreements pertaining to
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| the development assistance programs, suspend within 33 working | 6 |
| days any current
development
assistance to the
recipient under | 7 |
| its control, and shall be prohibited from completing any
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| current or providing any
future development assistance until it | 9 |
| receives proof that the recipient has
come into compliance
with | 10 |
| the requirements of subsection (b) of this Section.
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| (f) The Department shall have the discretion to modify the | 12 |
| information
required
in the progress report required under | 13 |
| subsection (b) consistent with the
disclosure purpose
of this | 14 |
| Section for any grants under the Industrial Training Program | 15 |
| that are
not given as
an incentive to a recipient business | 16 |
| organization.
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| (Source: P.A. 93-552, eff. 8-20-03.)
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| Section 10. The Build Illinois Act is amended by changing | 19 |
| Section 10-3 as follows:
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| (30 ILCS 750/10-3) (from Ch. 127, par. 2710-3)
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| Sec. 10-3. Powers and Duties. The Department has the power | 22 |
| to:
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| (a) Provide loans from the Build Illinois Bond Fund, the | 24 |
| Fund for Illinois' Future, or the Large Business
Attraction |
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| Fund to a business undertaking a project and accept mortgages | 2 |
| or
other evidences of indebtedness or security of such | 3 |
| business.
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| (b) Provide grants from the Build Illinois Bond Fund, the | 5 |
| Fund for Illinois' Future, or the Large Business
Attraction | 6 |
| Fund to or for the direct
benefit of a business undertaking a | 7 |
| project. Any such grant shall (i) be
made and used only for the | 8 |
| purpose of assisting the financing of the
business for the | 9 |
| project in order to reduce the cost of financing to the
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| business, (ii) be made only if a participating lender, or other | 11 |
| funding
source including the applicant, also provides a portion | 12 |
| of the financing
with respect to the project, and only if the | 13 |
| Department determines, on the
basis of all the information | 14 |
| available to it, that the project would not be
undertaken in | 15 |
| Illinois unless the grant is provided, (iii) provide no more
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| than 25% of the total dollar amount of any single project cost | 17 |
| and be
approved for amounts from the Fund not to exceed | 18 |
| $500,000 for any single
project, unless waived by the Director | 19 |
| upon a finding that such waiver is
appropriate to accomplish | 20 |
| the purpose of this Article, (iv) be made only
after the | 21 |
| Department has determined that the grant will cause a project | 22 |
| to
be undertaken which has the potential to create substantial | 23 |
| employment in
relation to the amount of the grant, and (v) be | 24 |
| made with a business that
has certified the project is a new | 25 |
| plant start-up or expansion and is not a
relocation of an | 26 |
| existing business from another site in Illinois unless
that |
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| relocation results in substantial employment growth.
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| (c) Enter into agreements, accept funds or grants and | 3 |
| cooperate with
agencies of the federal government, local units | 4 |
| of government and local
regional economic development | 5 |
| corporations or organizations for the purposes of
carrying out | 6 |
| this Article.
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| (d) Enter into contracts, letters of credit or any other | 8 |
| agreements or
contracts with financial institutions necessary | 9 |
| or desirable to carry out the
purposes of this Article. Any | 10 |
| such agreement or contract may include, without
limitation, | 11 |
| terms and provisions relating to a specific project such as | 12 |
| loan
documentation, review and approval procedures, | 13 |
| organization and servicing
rights, default conditions and | 14 |
| other program aspects.
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| (e) Fix, determine, charge and collect any premiums, fees, | 16 |
| charges, costs
and expenses, including application fees, | 17 |
| commitment fees, program fees,
financing charges or | 18 |
| publication fees in connection with its activities under
this | 19 |
| Article.
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| (f) Establish application, notification, contract and | 21 |
| other procedures,
rules or regulations deemed necessary and | 22 |
| appropriate.
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| (g) Subject to the provisions of any contract with another | 24 |
| person and
consent to the modification or restructuring of any | 25 |
| loan agreement to which the
Department is a party.
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| (h) Take any actions which are necessary or appropriate to |
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| protect the
State's interest in the event of bankruptcy, | 2 |
| default, foreclosure or
noncompliance with the terms and | 3 |
| conditions of financial assistance or
participation provided | 4 |
| under this Article, including the power to sell,
dispose, lease | 5 |
| or rent, upon terms and conditions determined by the Director | 6 |
| to
be appropriate, real or personal property which the | 7 |
| Department may receive as a
result thereof.
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| (i) Acquire and accept by gift, grant, purchase or | 9 |
| otherwise, but not by
condemnation, fee simple title, or such | 10 |
| lesser interest as may be desired, in
land, and to improve or | 11 |
| arrange for the improvement of such land for industrial
or | 12 |
| commercial site development purposes, and to lease or convey | 13 |
| such land, or
interest in land, so acquired and so improved, | 14 |
| including sale and conveyance
subject to a mortgage, for such | 15 |
| price, upon such terms and at such time as the
Department may | 16 |
| determine, provided that prior to exercising its authority | 17 |
| under
this subsection, the Director shall find that other means | 18 |
| of financing and
developing any such project are not reasonably | 19 |
| available and that such action
is consistent with the purposes | 20 |
| and policies of this Article.
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| (j) Provide grants from the Build Illinois Bond Fund to | 22 |
| municipalities and counties to demolish abandoned buildings
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| pursuant to Section 11-31-1 of the Illinois Municipal Code or | 24 |
| Section 5-1080 of
the Counties Code, for the purpose of making | 25 |
| unimproved land available for
purchase by businesses for | 26 |
| economic development. Such grants shall be provided
only when: |
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| (1) the owner of property on which the abandoned building is
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| situated has entered into a contract to sell such property; (2) | 3 |
| the Department
has determined that the grant will be used to | 4 |
| cause a project to be undertaken
which will result in the | 5 |
| creation of employment; (3) the business which has
entered into | 6 |
| a contract to purchase the property has certified that it will | 7 |
| use
the property for a project which is a new plant start-up or | 8 |
| expansion or a new
venture opportunity and is not a relocation | 9 |
| of an existing business from
another site within the State | 10 |
| unless that relocation results in substantial
employment | 11 |
| growth. If a municipality or county receives grants under this
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| paragraph, it shall file a notice of lien against the owner or | 13 |
| owners of such
demolished buildings to recover the costs and | 14 |
| expenses incurred in the
demolition of such buildings pursuant | 15 |
| to Section 11-31-1 of the Illinois
Municipal Code or Section | 16 |
| 5-1080 of the Counties Code. All such costs and
expenses | 17 |
| recovered by the county or municipality shall be paid to the
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| Department for deposit in the Build Illinois Purposes Account. | 19 |
| Priority shall
be given to enterprise zones or those areas with | 20 |
| high unemployment whose tax
base is adversely impacted by the | 21 |
| closing of existing factories.
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| (j-5) Establish by regulation, in lieu of quarterly | 23 |
| information returns, a notification procedure that provides | 24 |
| that any business accepting a grant or loan under this Article | 25 |
| must notify the Department within 30 days if at any time during | 26 |
| the period of the agreement the business fails to meet the |
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| agreed employment or investment conditions of the grant or | 2 |
| loan. | 3 |
| (k) Exercise such other powers as are necessary or | 4 |
| incidental to the
foregoing.
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| (Source: P.A. 94-91, eff. 7-1-05.)
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