HB3491 101ST GENERAL ASSEMBLY

LRB101 10321 HLH 55427 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3491

Introduced , by Rep. Aaron M. Ortiz

SYNOPSIS AS INTRODUCED:

20 ILCS 605/605-1025 new

Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that each corporation receiving incentives from the Department of Commerce and Economic Opportunity shall file a disclosure report with the Department of Commerce and Economic Opportunity no later than February 1 of each year. Sets forth penalties for failure to submit the report. Provides that the Department of Commerce and Economic Opportunity shall publish prominently on its website a compilation of the reports both in a searchable database and as a spreadsheet that can be downloaded in its entirety. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning State government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois is amended by adding Section 605-1025 as follows:

(20 ILCS 605/605-1025 new)

Sec. 605-1025. Annual corporate reports.

(a) Beginning on February 1, 2020, each corporation receiving incentives from the Department shall file a disclosure report with the Department no later than February 1 of each year. The shall be filed in the form and manner required by the Department and include the following information:

(1) the name, street, and mailing addresses, phone number, and chief operating officer of the recipient corporation, along with its NAICS industry code and its DUNS number, if available;

(2) the project street address where the subsidized activity takes place if that address is different from the address in paragraph (1);

(3) a summary of the number of jobs required by the terms of the subsidy deal and the actual jobs created or lost as of December 31 of the previous year; the summary shall be broken down by full-time, part-time, and temporary positions, and by wage groups;

(4) whether health insurance coverage is provided to the employees at the project site, and, if so, the share of the policy premiums paid by the company;

(5) the total employment in the State of the recipient's corporate parent on the 2 previous dates of December 31, broken down by full-time, part-time and temporary positions;

(6) a summary of the capital investment required by the terms of the subsidy deal and the actual capital investment made as of December 31 of the previous year;

(7) a statement as to whether the subsidized project has, during the previous calendar year, resulted in reduced employment at any other site controlled by the recipient corporation or its corporate parent, inside or outside the State, as a result of automation, merger, acquisition, corporate restructuring, relocation, or other business activity;

(8) a statement summarizing any instance, during the previous calendar year, in which the recipient company, or a parent or subsidiary entity, was determined by a government agency to have violated any federal, State or local law or regulation relating to environmental protection, taxation, labor standards, or employment discrimination; or was notified that an investigation of a possible violation had been initiated; and

(9) a signed certification by the chief officer of the recipient corporation as to the accuracy of the progress report.

Recipient companies shall file such annual performance reports for the duration of the subsidy, or not less than every 5 years, whichever period is greater.

(b) The Department shall have access at all reasonable times to the project site and the records of the recipient corporation in order to monitor the project and verify the reports in subsection (a). A recipient corporation that fails to provide the Department with a completed report on time shall be subject to a fine of not less than $500 per day to commence 10 working days after the February 1 deadline and not less than $1,000 per day to commence 20 days after the deadline. A recipient corporation that fails to provide the Department access to the project site at a reasonable time shall be subject to a fine of $1,000 per day starting with the day access is first not provided.

(c) The Department shall publish prominently on its website a compilation of the reports submitted under subsection (a) no later than April 1 of each year. The report shall contain all of the data from the reports both in a searchable database and as a spreadsheet that can be downloaded in its entirety. When a new report is posted, earlier versions of the data shall remain available on the website. The report shall also contain the Department's determination of whether the company has yet met its obligations for job creation, wages, and benefits as required by the subsidy. If the Department has previously determined that a company has achieved its obligations, the report shall contain the Department's determination of whether the company has maintained its achieved obligations. Along with the report, the Department should also post PDF copies of key documents relating to the subsidy award. If the Department determines that the company has failed to achieve its obligations for job creation, wages, and benefits, as required by the subsidy, in the required period of time, or if the Department determines that the company has failed to maintain its achieved obligations, the report shall also state what penalty or penalties the Department has imposed upon the company. The report shall also include the Department's verification that the company's corporate parent has maintained at least 90% of its employment in the State since December 31 of the year the subsidy was granted. If the Department determines that the company's corporate parent has failed to maintain such a level of employment, the report shall include whatever penalty or penalties the agency has imposed upon the company.

Section 99. Effective date. This Act takes effect upon becoming law.