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1 | | "Development assistance" means tax credits and tax |
2 | | exemptions given as an incentive to a business organization |
3 | | pursuant to an agreement with the Department or an initial |
4 | | certification or designation issued by the Department. This |
5 | | term does not include any Department-administered tax credit |
6 | | program that provides a tax credit to an investor in a |
7 | | business. |
8 | | "Development assistance agreement" means: (i) any |
9 | | agreement or memorandum of understanding executed by the State |
10 | | granting body and the business organization participating in |
11 | | the development assistance program setting forth the terms and |
12 | | conditions of development assistance to be provided to the |
13 | | recipient consistent with the final application for |
14 | | development assistance, including, but not limited to, the |
15 | | date of assistance, submitted to and approved by the |
16 | | Department; and (ii) any application for certification or |
17 | | designation setting forth the terms and conditions of |
18 | | development assistance to be provided to the recipient that is |
19 | | approved by the Department. |
20 | | "Good corporate citizen" means a business that |
21 | | demonstrates a capacity for legal compliance. |
22 | | "Good corporate citizen requirements" means any |
23 | | development assistance agreement requirements provided for in |
24 | | this Section or by administrative rule. |
25 | | "Related member" has the same meaning as set forth in |
26 | | Section 5-5 of the Economic Development for a Growing Economy |
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1 | | Tax Credit Act. |
2 | | (b) The Department may require a business organization to |
3 | | agree to certain terms that ensure the business, including its |
4 | | related members, is a good corporate citizen as a condition |
5 | | for receiving development assistance. A business that cannot |
6 | | truthfully agree to any required terms shall be ineligible for |
7 | | the development assistance. Such terms may include, but need |
8 | | not be limited to, covenants, representations, and warranties |
9 | | that: |
10 | | (1) the business, its corporate officers, or corporate |
11 | | parent or affiliate, are not or have not been the subject |
12 | | of any criminal charges within 5 years prior to the |
13 | | application for development assistance or during the term |
14 | | of a development assistance agreement; |
15 | | (2) there has been no charges, complaints, or other |
16 | | actions having the effect of initiating judicial or |
17 | | administrative proceedings brought by the State of |
18 | | Illinois or any governmental body within the State of |
19 | | Illinois, including the federal government, with respect |
20 | | to the business or its officers or a corporate parent or |
21 | | affiliate that relates to alleged fraud or activity that |
22 | | poses a substantial threat or persistent nuisance to |
23 | | public health, safety, or welfare; |
24 | | (3) the business and any corporate parent or affiliate |
25 | | are not delinquent on the payment of any taxes to the State |
26 | | of Illinois or on the Illinois Stop Payment List or a |
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1 | | debarred or suspended parties list maintained by the State |
2 | | of Illinois or the United States; and |
3 | | (4) the business and any corporate parent or affiliate |
4 | | operating within Illinois will comply with the |
5 | | requirements of all applicable laws governing the project |
6 | | supported by the development assistance, the Illinois |
7 | | Human Rights Act, the Illinois Prevailing Wage Act, the |
8 | | Wage Payment and Collection Act, the Consumer Fraud and |
9 | | Deceptive Business Practices Act, the Right to Privacy in |
10 | | the Workplace Act, and the federal National Labor |
11 | | Relations Act. |
12 | | (c) Compliance with good corporate citizen eligibility is |
13 | | required throughout the term of a development assistance |
14 | | agreement. The Department may suspend the development |
15 | | assistance for noncompliance and may seek revocation of any |
16 | | credits or exemptions that were earned or used during a time |
17 | | when the business or its corporate parent or affiliate was not |
18 | | in compliance with any applicable requirements. |
19 | | A business whose development assistance is suspended due |
20 | | to the initiation of a proceeding as described in paragraphs |
21 | | (1) or (2) of subsection (b) may be issued certificates of |
22 | | verification or exemption in suspended status, and such |
23 | | credits or exemptions shall not be able to be claimed unless |
24 | | and until the proceeding concludes without any finding of |
25 | | wrongdoing or liability by the business, its corporate |
26 | | officers, or corporate parent or affiliate and there is no |
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1 | | settlement payment by the business, its corporate officers, or |
2 | | corporate parent or affiliate in excess of $5,000,000. Credits |
3 | | or exemptions issued in suspended status shall remain subject |
4 | | to any statutory time limits on their use. |
5 | | (d) The Department shall adopt rules setting forth any |
6 | | other programmatic terms and conditions and the consequences |
7 | | for noncompliance during the term of a development assistance |
8 | | agreement. The Department may adopt rules providing for |
9 | | exceptions to the good corporate citizen requirements if an |
10 | | application would, in the determination of the Department, |
11 | | cause an imminent and demonstrable hardship to the people of |
12 | | Illinois or to the business's workforce. If an exception is |
13 | | granted, the business must agree to a contractual modification |
14 | | identifying the exception and the basis for granting it. ".
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