103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4152

 

Introduced , by Rep. Tony M. McCombie

 

SYNOPSIS AS INTRODUCED:
 
30 ILCS 751/30
30 ILCS 751/32

    Amends the Invest in Illinois Act. Provides that certain notices under the Act shall also be sent to the Minority Leader of the Senate and the Minority Leader of the House of Representatives. Provides that the Minority Leader of the Senate and the Minority Leader of the House of Representatives may also object to agreements under the Act. Effective immediately.


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A BILL FOR

 

HB4152LRB103 34564 HLH 64401 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Invest in Illinois Act is amended by
5changing Sections 30 and 32 as follows:
 
6    (30 ILCS 751/30)
7    Sec. 30. Agreement.
8    (a) Upon approval of an application under this Act, the
9Department shall enter into an agreement with the applicant
10that shall include, at a minimum, the following:
11        (1) a detailed description of the project that is the
12    subject of the agreement, as well as the performance
13    conditions, including the required amount of capital
14    investment and the number of jobs required to be created
15    or retained;
16        (2) the performance conditions that must be met to
17    obtain the award, including, but not limited to, the
18    number of new jobs created, the average salary, and the
19    total capital investment;
20        (3) the schedule of payments;
21        (4) a requirement that the applicant maintain
22    operations at the project location for a minimum number of
23    years;

 

 

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1        (5) a specific method for determining the number of
2    new employees and, if applicable, the number of retained
3    employees, to be employed during each taxable year covered
4    by the agreement;
5        (6) a requirement that the taxpayer annually report to
6    the Department the number of new employees and any other
7    information the Department deems necessary and appropriate
8    to perform its duties under this Act;
9        (7) a detailed description of the number of new
10    employees to be hired and the occupation and payroll of
11    full-time jobs to be created or retained because of the
12    project;
13        (8) the minimum capital investment the taxpayer will
14    make, the time period for placing the property in service,
15    and the designated location in Illinois for the capital
16    investment;
17        (9) a requirement that the taxpayer provide written
18    notice to the Director and the Director's designee not
19    more than 30 days after the taxpayer determines that the
20    minimum job creation, job retention, employment payroll,
21    or capital investment is no longer or will no longer be
22    achieved or maintained as required in the agreement and
23    include in that notice the number of layoffs, the date of
24    the layoffs, and the taxpayer's efforts to provide career
25    and training counseling to the impacted workers with
26    industry-related certifications and trainings;

 

 

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1        (10) a claw-back provision to recapture incentive
2    amounts for failure to meet the provisions contained in
3    the agreement; and
4        (11) a provision that the agreement shall not take
5    effect, nor may any funds be expended or transferred under
6    the agreement, if the Department fails to comply with the
7    notification requirements under Section 32 or if the
8    Speaker of the House of Representatives, or the Senate
9    President, the Minority Leader of the Senate, or the
10    Minority Leader of the House of Representatives (or their
11    designees, if applicable) submit a letter of rejection
12    under Section 32.
13    (b) Subject to the provisions of Section 32, the
14Department may issue the incentive to the applicant within the
15time period the Department deems appropriate in order to
16ensure that the applicant achieves the performance conditions
17set forth in the agreement.
18(Source: P.A. 102-1125, eff. 2-3-23.)
 
19    (30 ILCS 751/32)
20    Sec. 32. General Assembly notification. The Department
21shall notify the President of the Senate, or his or her
22designee, and the Speaker of the House of Representatives, or
23his or her designee, the Minority Leader of the Senate, or his
24or her designee, and the Minority Leader of the House of
25Representatives, or his or her designee, when awards for the

 

 

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1purposes of this Act are nearing final negotiation with an
2applicant. The notification shall include the prospective
3amount of the award and other relevant information related to
4the application. The President of the Senate, and the Speaker
5of the House, the Minority Leader of the Senate, and the
6Minority of Leader of the House, or their designees, if
7applicable, shall certify that they have been notified of the
8planned awards and that they do not object. If there is no
9objection certified from the President of the Senate, and the
10Speaker of the House, the Minority Leader of the Senate, or the
11Minority Leader of the House, the Department may enter into an
12agreement under this Act for the award amount contained in the
13notification. If the Department enters into an agreement under
14this Act for an award in an amount that is different than the
15amount contained in the notification, it shall deliver a copy
16of the agreement to both the Speaker of the House of
17Representatives, or his or her designee, and the Senate
18President, or his or her designee, the Minority Leader of the
19Senate, or his or her designee, and the Minority Leader of the
20House of Representatives, or his or her designee, within 2
21days after the agreement is executed. Notwithstanding any
22other provision of this Act, an agreement entered into under
23this Act shall not take effect, nor may any funds be expended
24or transferred under that agreement, if the Speaker of the
25House of Representatives, and the Senate President, the
26Minority Leader of the Senate, or the Minority Leader of the

 

 

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1House of Representatives, or their designees, if applicable,
2submit a letter to the Department noting an objection to the
3agreement in writing within 2 days after the notification is
4delivered to the Speaker of the House of Representatives, and
5the Senate President, the Minority Leader of the Senate, and
6the Minority Leader of the House of Representatives, or their
7designees, if applicable.
8(Source: P.A. 102-1125, eff. 2-3-23.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.