Illinois General Assembly - Illinois Compiled Statutes

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20 ILCS 715/5

(20 ILCS 715/5)

Sec. 5. Definitions. As used in this Act:

"Base years" means the first 2 complete calendar years following the
effective date of a
recipient receiving development assistance.

"Date of assistance" means the commencement date of the assistance
agreement, which
date triggers the period during which the recipient is obligated to create or
retain jobs and
continue operations at the specific project site.

"Default" means that a recipient has not achieved its job creation, job
retention, or wage
or benefit goals, as applicable, during the prescribed period therefor.

"Department" means, unless otherwise noted, the Department of Commerce
and
Economic Opportunity or any successor agency.

"Development assistance" means (1) tax credits and tax exemptions (other
than given
under tax increment financing) given as an incentive to a recipient business
organization
pursuant to an initial certification or an initial designation made by the
Department under the
Economic
Development for a Growing Economy Tax Credit Act, River Edge Redevelopment Zone Act, and the Illinois Enterprise
Zone Act,
including the High Impact Business program, (2) grants or loans given to a
recipient as an
incentive to a business organization pursuant to the River Edge Redevelopment Zone Act, Large Business Development
Program, the
Business Development Public Infrastructure Program, or the Industrial Training
Program, (3) the
State Treasurer's Economic Program Loans, (4) the Illinois Department of
Transportation
Economic Development Program, and (5) all successor and subsequent programs and
tax credits
designed to promote large business relocations and expansions. "Development
assistance" does
not include tax increment financing, assistance provided under the Illinois
Enterprise Zone Act and River Edge Redevelopment Zone Act
pursuant to local ordinance, participation loans, or
financial
transactions through
statutorily authorized financial intermediaries in support of small business
loans and investments
or given in connection with the development of affordable housing. "Development assistance" includes assistance under the Illinois Emergency Employment Program pursuant to the Illinois Emergency Development Act.

"Development assistance agreement" means any agreement executed by the
State
granting body and the recipient setting forth the terms and conditions of
development
assistance to be provided to the recipient consistent with the final
application for
development assistance, including but not limited to the date of assistance,
submitted to
and approved by the State granting body.

"Full-time, permanent job" means either: (1) the definition therefor in
the legislation
authorizing the programs described in the definition of development assistance
in the Act or (2)
if there is no such definition, then as defined in administrative rules
implementing such
legislation, provided the administrative rules were in place prior to the
effective date of this Act.
On and after the effective date of this Act, if there is no definition of
"full-time,
permanent job" in either
the legislation authorizing a program that constitutes economic development
assistance under
this Act or in any administrative rule implementing such legislation that was
in
place prior to the
effective date of this Act, then "full-time, permanent job" means a job in
which
the new
employee works for the recipient at a rate of at least 35 hours per week.

"New employee" means either: (1) the definition therefor in the
legislation authorizing
the programs described in the definition of development assistance in the Act
or (2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "new employee" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act nor in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "new employee" means a full-time, permanent employee who
represents a net
increase in the number of the recipient's employees statewide. "New employee"
includes an
employee who previously filled a new employee position with the recipient who
was rehired or
called back from a layoff that occurs during or following the base years.

The term "New Employee" does not include any of the following:

(1) An employee of the recipient who performs a job

that was previously performed by another employee in this State, if that job existed in this State for at least 6 months before hiring the employee.

(2) A child, grandchild, parent, or spouse, other

than a spouse who is legally separated from the individual, of any individual who has a direct or indirect ownership interest of at least 5% in the profits, capital, or value of any member of the recipient.

"Part-time job" means either: (1) the definition therefor in the
legislation authorizing the
programs described in the definition of development assistance in the Act or
(2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "part-time job" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act or in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "part-time job" means a job in which the new employee works for
the recipient at a
rate of less than 35 hours per week.

"Recipient" means any business that receives economic development
assistance. A
business is any corporation, limited liability company, partnership, joint
venture, association,
sole proprietorship, or other legally recognized entity.

"Retained employee" means either: (1) the definition therefor in the
legislation
authorizing the programs described in the definition of development assistance
in the Act or (2)
if there is no such definition, then as defined in administrative rules
implementing such
legislation, provided the administrative rules were in place prior to the
effective date of this Act.
On and after the effective date of this Act, if there is no definition of
"retained
employee" in either the
legislation authorizing a program that constitutes economic development
assistance under this
Act or in any administrative rule implementing such legislation that was in
place prior to the
effective date of this Act, then "retained employee" means any employee defined
as having a
full-time or full-time equivalent job preserved at a specific facility or site,
the continuance of
which is threatened by a specific and demonstrable threat, which shall be
specified in the
application for development assistance.

"Specific project site" means that distinct operational unit to which
any development
assistance is applied.

"State granting body" means the Department, any State department or State
agency
that provides
development assistance that has reporting requirements under this Act, and any
successor
agencies to any of the preceding.

"Temporary job" means either: (1) the definition therefor in the
legislation authorizing
the programs described in the definition of development assistance in the Act
or (2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "temporary job" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act or in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "temporary job" means a job in which the new employee is hired
for a specific
duration of time or season.

"Value of assistance" means the face value of any form of development
assistance.

(Source: P.A. 97-581, eff. 8-26-11.)