Illinois General Assembly - Full Text of Public Act 096-1429
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Public Act 096-1429




Public Act 096-1429
HB5230 EnrolledLRB096 17698 HLH 33062 b

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

Effective Date: 1/1/2011