Full Text of HB5543 102nd General Assembly
HB5543ham001 102ND GENERAL ASSEMBLY | Rep. Edgar Gonzalez, Jr. Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 5543
| 2 | | AMENDMENT NO. ______. Amend House Bill 5543 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois | 6 | | is amended by adding Section 605-1095 as follows: | 7 | | (20 ILCS 605/605-1095 new) | 8 | | Sec. 605-1095. Good corporate citizen requirement for tax | 9 | | incentive recipients. | 10 | | (a) As used in this Section: | 11 | | "Business" means an applicant for or recipient of | 12 | | development assistance. | 13 | | "Corporate parent or affiliate" means: (i) a related | 14 | | member with respect to a business; or (ii) an entity that | 15 | | exercises control over the business and whose interests are | 16 | | served by the business. |
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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 that is executed by | 10 | | the State and the business organization participating in the | 11 | | development assistance program and that sets forth the terms | 12 | | and 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, and that is submitted to and approved by | 16 | | the Department; and (ii) any application for certification or | 17 | | designation that sets forth the terms and conditions of | 18 | | development assistance to be provided to the recipient and | 19 | | that is 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 that are | 24 | | developed by the Department under this Section or by | 25 | | administrative rule. | 26 | | "Related member" has the same meaning as set forth in |
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| 1 | | Section 5-5 of the Economic Development for a Growing Economy | 2 | | Tax Credit Act. | 3 | | (b) The Department may require a business, as a condition | 4 | | of receiving development assistance, to agree to certain terms | 5 | | as necessary to ensure that the business and its related | 6 | | members are good corporate citizens. A business that cannot | 7 | | consent to any required terms shall be ineligible for the | 8 | | development assistance. Such terms may include, but need not | 9 | | be limited to, covenants, representations, and warranties | 10 | | that: | 11 | | (1) the business, its corporate officers, and its | 12 | | corporate parent or affiliates are not or have not been | 13 | | the subject of any criminal charges within 5 years prior | 14 | | to the application for development assistance or during | 15 | | the term of a development assistance agreement; | 16 | | (2) there have been no criminal, civil, or | 17 | | administrative charges, complaints, or other actions | 18 | | brought by the State of Illinois or any governmental body | 19 | | against the business, its corporate officers, or its | 20 | | corporate parent or affiliates concerning alleged fraud or | 21 | | activity that poses a substantial threat or persistent | 22 | | nuisance to public health, safety, or welfare; | 23 | | (3) the business and its corporate parent or | 24 | | affiliates are not delinquent in the payment of any taxes | 25 | | to the State of Illinois or are not on the Illinois Stop | 26 | | Payment List or a debarred or suspended parties list |
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| 1 | | maintained by the State of Illinois or the United States; | 2 | | and | 3 | | (4) the business and its corporate parent or | 4 | | affiliates 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 requirements | 13 | | must be maintained throughout the term of each development | 14 | | assistance agreement. The Department may suspend development | 15 | | assistance for noncompliance with good corporate citizen | 16 | | requirements and may seek revocation of any credits or | 17 | | exemptions that were earned or used during a time when the | 18 | | business or its corporate parent or affiliates were not in | 19 | | compliance with those requirements. | 20 | | A business whose development assistance is suspended due | 21 | | to the initiation of a proceeding as described in paragraphs | 22 | | (1) or (2) of subsection (b) may be issued certificates of | 23 | | verification or exemption in suspended status, and such | 24 | | credits or exemptions shall not be claimed unless the | 25 | | proceeding concludes without any finding of wrongdoing or | 26 | | liability by the business, its corporate officers, or its |
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| 1 | | corporate parent or affiliates and without a settlement | 2 | | agreement by the business, its corporate officers, or its | 3 | | corporate parent or affiliates in excess of $5,000,000. | 4 | | Credits or exemptions issued in suspended status shall remain | 5 | | subject to statutory time limits on their use. | 6 | | (d) The Department shall adopt rules setting forth any | 7 | | other programmatic terms and conditions and the consequences | 8 | | for noncompliance during the term of a development assistance | 9 | | agreement. The Department may adopt rules providing for | 10 | | exceptions to the good corporate citizen requirements if an | 11 | | application would, in the determination of the Department, | 12 | | cause an imminent and demonstrable hardship to the people of | 13 | | Illinois or to the business's workforce. If an exception is | 14 | | granted, the business must agree to a contractual modification | 15 | | identifying the exception and the basis for granting it. ".
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