HB3824 101ST GENERAL ASSEMBLY

LRB101 11880 HLH 58867 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3824

Introduced , by Rep. Michael P. McAuliffe

SYNOPSIS AS INTRODUCED:

35 ILCS 16/30
35 ILCS 16/35

Amends the Film Production Services Tax Credit Act of 2008. Provides that, for accredited productions certified or renewed on or after the effective date of the amendatory Act, the applicant shall verify that no person hired on the applicant's production has, prior to the date of the application or renewal: (i) been convicted of or pled guilty to a hate crime; (ii) been convicted of or pled guilty to disorderly conduct for falsifying a police report of a hate crime; or (iii) participated in a deferred prosecution program for disorderly conduct or for falsifying a police report of a hate crime. Makes conforming changes prohibiting the Department of Commerce and Economic Opportunity from issuing a tax credit certificate to a production that fails to verify that information. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 1. This Act may be cited as the Just Usage of State Subsidies In Entertainment Act.

Section 5. The Film Production Services Tax Credit Act of 2008 is amended by changing Sections 30 and 35 as follows:

(35 ILCS 16/30)

Sec. 30. Review of application for accredited production certificate.

(a) In determining whether to issue an accredited production certificate, the Department must determine that a preponderance of the following conditions exist:

(1) The applicant's production intends to make the expenditure in the State required for certification.

(2) The applicant's production is economically sound and will benefit the people of the State of Illinois by increasing opportunities for employment and strengthen the economy of Illinois.

(3) The applicant has filed a diversity plan with the Department outlining specific goals (i) for hiring minority persons and women, as defined in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act, and (ii) for using vendors receiving certification under the Business Enterprise for Minorities, Women, and Persons with Disabilities Act; the Department has approved the plan as meeting the requirements established by the Department; and the Department has verified that the applicant has met or made good-faith efforts in achieving those goals. The Department must adopt any rules that are necessary to ensure compliance with the provisions of this item (3) and that are necessary to require that the applicant's plan reflects the diversity of this State.

(4) The applicant's production application indicates whether the applicant intends to participate in training, education, and recruitment programs that are organized in cooperation with Illinois colleges and universities, labor organizations, and the motion picture industry and are designed to promote and encourage the training and hiring of Illinois residents who represent the diversity of the Illinois population.

(5) That, if not for the credit, the applicant's production would not occur in Illinois, which may be demonstrated by any means including, but not limited to, evidence that the applicant has multi-state or international location options and could reasonably and efficiently locate outside of the State, or demonstration that at least one other state or nation is being considered for the production, or evidence that the receipt of the credit is a major factor in the applicant's decision and that without the credit the applicant likely would not create or retain jobs in Illinois, or demonstration that receiving the credit is essential to the applicant's decision to create or retain new jobs in the State.

(6) Awarding the credit will result in an overall positive impact to the State, as determined by the Department using the best available data.

(a-5) For accredited productions certified or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, the applicant shall verify that no person hired on the applicant's production has, prior to the date of the application or renewal: (i) been convicted of or pled guilty to a hate crime under Illinois law or a substantially similar law of another jurisdiction; (ii) been convicted of or pled guilty to disorderly conduct for falsifying a police report of a hate crime under Illinois law or a substantially similar law of another jurisdiction; or (iii) participated in a deferred prosecution program for disorderly conduct or for falsifying a police report of a hate crime under Illinois law or a substantially similar law of another jurisdiction.

(b) If any of the provisions in this Section conflict with any existing collective bargaining agreements, the terms and conditions of those collective bargaining agreements shall control.

(Source: P.A. 100-391, eff. 8-25-17.)

(35 ILCS 16/35)

Sec. 35. Issuance of Tax Credit Certificate.

(a) In order to qualify for a tax credit under this Act, an applicant must file an application, on forms prescribed by the Department, providing information necessary to calculate the tax credit, and any additional information as required by the Department.

(b) Upon satisfactory review of the application, the Department shall issue a Tax Credit Certificate stating the amount of the tax credit to which the applicant is entitled.

(c) For accredited productions certified or renewed on or after the effective date of this amendatory Act of the 101st General Assembly, the Department shall not issue a tax credit certificate to a production that fails to verify the information required under subsection (a-5) of Section 30 of this Act.

(Source: P.A. 95-720, eff. 5-27-08.)

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