Full Text of SB0850 103rd General Assembly
SB0850eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning State government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Grocery Initiative Act. | 6 | | Section 5. Definitions. In this Act: | 7 | | "Department" means the Department of Commerce and Economic | 8 | | Opportunity. | 9 | | "Food desert" means a census tract that:
| 10 | | (1) meets one of the following poverty standards:
| 11 | | (A) the census tract has a poverty rate of at least | 12 | | 20%; or | 13 | | (B) the census tract is not located within a | 14 | | metropolitan statistical area and has a median family | 15 | | income that is less than or equal to 80% of the | 16 | | statewide median household income; or | 17 | | (C) the census tract is located within a | 18 | | metropolitan statistical area and has a median family | 19 | | income that is less than or equal to 80% of the greater | 20 | | of (i) the statewide median household income or (ii) | 21 | | the metropolitan area median family income; and
| 22 | | (2) meets one of the following population density and | 23 | | food accessibility standards:
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| 1 | | (A) the census tract is a rural tract, and at least | 2 | | 33% of the population of the tract or at least 500 | 3 | | residents in the tract reside more than 10 miles from | 4 | | the nearest grocery store; or
| 5 | | (B) the census tract is an urban tract, and at | 6 | | least 33% of the population of the tract or at least | 7 | | 500 residents in the tract reside more than one-half | 8 | | mile from the nearest grocery store. | 9 | | "Grocery store" means an existing or planned retail | 10 | | establishment that: (1) has or will have a primary business of | 11 | | selling a variety of grocery products, including fresh | 12 | | produce; (2) derives or will derive no more than 30% of its | 13 | | revenue from sales of tobacco and alcohol in any given year; | 14 | | (3) is or will be classified as a supermarket or other grocery | 15 | | retailer in the 2022 North American Industry Classification | 16 | | System under code 445110; (4) accepts or will accept | 17 | | Supplemental Nutrition Assistance Program benefits and Special | 18 | | Supplemental Nutrition Program for Women, Infants, and | 19 | | Children benefits; and (5) provides or will provide for the | 20 | | retail sale of a substantial variety of perishable foods, | 21 | | including fresh or frozen dairy products, fresh produce, and | 22 | | fresh meats, poultry, and fish.
| 23 | | "Local governmental unit" means any county, municipality, | 24 | | township, special district, or unit that is designated as a | 25 | | unit of local government by law and exercises limited | 26 | | governmental powers or powers in respect to limited |
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| 1 | | governmental subjects. "Local governmental unit" also includes | 2 | | any school district or community college district. | 3 | | "Rural tract" means a census tract that is not an urban | 4 | | tract. | 5 | | "Urban tract" means a census tract having its geographic | 6 | | centroid in an urban area, as defined by the Bureau of the | 7 | | Census for the most recent year in which all relevant data to | 8 | | identify food deserts is available. | 9 | | Section 10. Grocery Initiative Study. The Department | 10 | | shall, subject to appropriation, study food insecurity in | 11 | | urban and rural food deserts. The study may include an | 12 | | exploration of the reasons for current market failures, | 13 | | potential policy solutions, geographic trends, and the need | 14 | | for independent grocers, and it shall identify communities at | 15 | | risk of becoming food deserts. The study may also include a | 16 | | disparity study to assess the need for aspirational goals for | 17 | | ownership among minority, women, and persons with a disability | 18 | | as defined in the Business Enterprise for Minorities, Women, | 19 | | and Persons with Disabilities Act. The Department may enter | 20 | | into contracts, grants, or other agreements to complete this | 21 | | study. This report shall be submitted to the General Assembly | 22 | | by December 31, 2024. This Section is repealed on January 1, | 23 | | 2026. | 24 | | Section 15. Grocery Initiative Grants and Financial |
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| 1 | | Support. | 2 | | (a) The Department shall, subject to appropriation, | 3 | | establish the Grocery Initiative to expand access to healthy | 4 | | foods in food deserts in Illinois and areas at risk of becoming | 5 | | food deserts in Illinois by providing grants and other forms | 6 | | of financial assistance to independently owned for-profit | 7 | | grocery stores, as well as grocery stores owned and operated | 8 | | by local governmental units. The Department may enter into | 9 | | contracts, grants, or other agreements to administer these | 10 | | grants and other forms of financial assistance. The Department | 11 | | may, by rule, place limits on the size of the grocery stores | 12 | | that are eligible for grants and other financial assistance | 13 | | under this Act, including, but not limited to, limits on the | 14 | | annual revenue or projected revenue of the applicant, number | 15 | | of full-time employees, or square footage of the facilities. | 16 | | The Department may prioritize grant awards and loan funding to | 17 | | applicants based on poverty rates, income, geographic | 18 | | diversity, local ownership, access to grocery stores in the | 19 | | area surrounding proposed project locations, and other factors | 20 | | as determined by the Department. The Department may award | 21 | | grants or provide loans for any one or more of the following: | 22 | | (1) market and site feasibility studies, promotional | 23 | | materials, and marketing; | 24 | | (2) salaries and benefits for workers; | 25 | | (3) rent or a down payment to acquire a facility; | 26 | | (4) purchase of ownership of a grocery store as part |
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| 1 | | of establishing a new independently owned grocery store; | 2 | | (5) capital improvements, planning, renovations, land | 3 | | acquisition, demolition, durable and non-durable equipment | 4 | | purchases; or | 5 | | (6) other costs as determined eligible by the | 6 | | Department. | 7 | | (b) The Department may, subject to appropriation, provide | 8 | | grants for equipment upgrades for existing | 9 | | independently-owned, cooperative, and for-profit grocery | 10 | | stores. The Department shall use no more than 20% of total | 11 | | program funding for this purpose. Equipment upgrades shall be | 12 | | focused on providing access to equipment that is energy | 13 | | efficient. | 14 | | Section 20. Technical Assistance. | 15 | | (a) The Department shall, subject to appropriation, | 16 | | provide technical assistance to grantees awarded grants under | 17 | | the Act, and other small, independently owned grocery stores | 18 | | to ensure their long-term viability and business success. | 19 | | Technical assistance, online resources, and materials provided | 20 | | shall include, but shall not be limited to, business planning, | 21 | | marketing, financing, supply chain management, and workforce | 22 | | development assistance. | 23 | | (b) The Department may enter into grants, contracts, or | 24 | | other agreements to provide assistance. At least one technical | 25 | | assistance provider shall be located in a county with a |
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| 1 | | population of at least 3,000,000 inhabitants, and at least one | 2 | | provider shall be located in a county with a population of less | 3 | | than 400,000 inhabitants. | 4 | | Section 25. Rulemaking. The Department shall adopt rules | 5 | | to implement and administer this Act.
| 6 | | Section 30. The Illinois Enterprise Zone Act is amended by | 7 | | changing Section 5.5 as follows:
| 8 | | (20 ILCS 655/5.5)
(from Ch. 67 1/2, par. 609.1)
| 9 | | Sec. 5.5. High Impact Business.
| 10 | | (a) In order to respond to unique opportunities to assist | 11 | | in the
encouragement, development, growth, and expansion of | 12 | | the private sector through
large scale investment and | 13 | | development projects, the Department is authorized
to receive | 14 | | and approve applications for the designation of "High Impact
| 15 | | Businesses" in Illinois, for an initial term of 20 years with | 16 | | an option for renewal for a term not to exceed 20 years, | 17 | | subject to the following conditions:
| 18 | | (1) such applications may be submitted at any time | 19 | | during the year;
| 20 | | (2) such business is not located, at the time of | 21 | | designation, in
an enterprise zone designated pursuant to | 22 | | this Act;
| 23 | | (3) the business intends to do one or more of the |
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| 1 | | following:
| 2 | | (A) the business intends to make a minimum | 3 | | investment of
$12,000,000 which will be placed in | 4 | | service in qualified property and
intends to create | 5 | | 500 full-time equivalent jobs at a designated location
| 6 | | in Illinois or intends to make a minimum investment of | 7 | | $30,000,000 which
will be placed in service in | 8 | | qualified property and intends to retain 1,500
| 9 | | full-time retained jobs at a designated location in | 10 | | Illinois.
The terms "placed in service" and
"qualified | 11 | | property" have the same meanings as described in | 12 | | subsection (h)
of Section 201 of the Illinois Income | 13 | | Tax Act; or
| 14 | | (B) the business intends to establish a new | 15 | | electric generating
facility at a designated location | 16 | | in Illinois. "New electric generating
facility", for | 17 | | purposes of this Section, means a newly constructed
| 18 | | electric
generation plant
or a newly constructed | 19 | | generation capacity expansion at an existing electric
| 20 | | generation
plant, including the transmission lines and | 21 | | associated
equipment that transfers electricity from | 22 | | points of supply to points of
delivery, and for which | 23 | | such new foundation construction commenced not sooner
| 24 | | than July 1,
2001. Such facility shall be designed to | 25 | | provide baseload electric
generation and shall operate | 26 | | on a continuous basis throughout the year;
and (i) |
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| 1 | | shall have an aggregate rated generating capacity of | 2 | | at least 1,000
megawatts for all new units at one site | 3 | | if it uses natural gas as its primary
fuel and | 4 | | foundation construction of the facility is commenced | 5 | | on
or before December 31, 2004, or shall have an | 6 | | aggregate rated generating
capacity of at least 400 | 7 | | megawatts for all new units at one site if it uses
coal | 8 | | or gases derived from coal
as its primary fuel and
| 9 | | shall support the creation of at least 150 new | 10 | | Illinois coal mining jobs, or
(ii) shall be funded | 11 | | through a federal Department of Energy grant before | 12 | | December 31, 2010 and shall support the creation of | 13 | | Illinois
coal-mining
jobs, or (iii) shall use coal | 14 | | gasification or integrated gasification-combined cycle | 15 | | units
that generate
electricity or chemicals, or both, | 16 | | and shall support the creation of Illinois
coal-mining
| 17 | | jobs.
The term "placed in service" has
the same | 18 | | meaning as described in subsection
(h) of Section 201 | 19 | | of the Illinois Income Tax Act; or
| 20 | | (B-5) the business intends to establish a new | 21 | | gasification
facility at a designated location in | 22 | | Illinois. As used in this Section, "new gasification | 23 | | facility" means a newly constructed coal gasification | 24 | | facility that generates chemical feedstocks or | 25 | | transportation fuels derived from coal (which may | 26 | | include, but are not limited to, methane, methanol, |
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| 1 | | and nitrogen fertilizer), that supports the creation | 2 | | or retention of Illinois coal-mining jobs, and that | 3 | | qualifies for financial assistance from the Department | 4 | | before December 31, 2010. A new gasification facility | 5 | | does not include a pilot project located within | 6 | | Jefferson County or within a county adjacent to | 7 | | Jefferson County for synthetic natural gas from coal; | 8 | | or | 9 | | (C) the business intends to establish
production | 10 | | operations at a new coal mine, re-establish production | 11 | | operations at
a closed coal mine, or expand production | 12 | | at an existing coal mine
at a designated location in | 13 | | Illinois not sooner than July 1, 2001;
provided that | 14 | | the
production operations result in the creation of | 15 | | 150 new Illinois coal mining
jobs as described in | 16 | | subdivision (a)(3)(B) of this Section, and further
| 17 | | provided that the coal extracted from such mine is | 18 | | utilized as the predominant
source for a new electric | 19 | | generating facility.
The term "placed in service" has
| 20 | | the same meaning as described in subsection (h) of | 21 | | Section 201 of the
Illinois Income Tax Act; or
| 22 | | (D) the business intends to construct new | 23 | | transmission facilities or
upgrade existing | 24 | | transmission facilities at designated locations in | 25 | | Illinois,
for which construction commenced not sooner | 26 | | than July 1, 2001. For the
purposes of this Section, |
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| 1 | | "transmission facilities" means transmission lines
| 2 | | with a voltage rating of 115 kilovolts or above, | 3 | | including associated
equipment, that transfer | 4 | | electricity from points of supply to points of
| 5 | | delivery and that transmit a majority of the | 6 | | electricity generated by a new
electric generating | 7 | | facility designated as a High Impact Business in | 8 | | accordance
with this Section. The term "placed in | 9 | | service" has the
same meaning as described in | 10 | | subsection (h) of Section 201 of the Illinois
Income | 11 | | Tax Act; or
| 12 | | (E) the business intends to establish a new wind | 13 | | power facility at a designated location in Illinois. | 14 | | For purposes of this Section, "new wind power | 15 | | facility" means a newly constructed electric | 16 | | generation facility, a newly constructed expansion of | 17 | | an existing electric generation facility, or the | 18 | | replacement of an existing electric generation | 19 | | facility, including the demolition and removal of an | 20 | | electric generation facility irrespective of whether | 21 | | it will be replaced, placed in service or replaced on | 22 | | or after July 1, 2009, that generates electricity | 23 | | using wind energy devices, and such facility shall be | 24 | | deemed to include any permanent structures associated | 25 | | with the electric generation facility and all | 26 | | associated transmission lines, substations, and other |
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| 1 | | equipment related to the generation of electricity | 2 | | from wind energy devices. For purposes of this | 3 | | Section, "wind energy device" means any device, with a | 4 | | nameplate capacity of at least 0.5 megawatts, that is | 5 | | used in the process of converting kinetic energy from | 6 | | the wind to generate electricity; or | 7 | | (E-5) the business intends to establish a new | 8 | | utility-scale solar facility at a designated location | 9 | | in Illinois. For purposes of this Section, "new | 10 | | utility-scale solar power facility" means a newly | 11 | | constructed electric generation facility, or a newly | 12 | | constructed expansion of an existing electric | 13 | | generation facility, placed in service on or after | 14 | | July 1, 2021, that (i) generates electricity using | 15 | | photovoltaic cells and (ii) has a nameplate capacity | 16 | | that is greater than 5,000 kilowatts, and such | 17 | | facility shall be deemed to include all associated | 18 | | transmission lines, substations, energy storage | 19 | | facilities, and other equipment related to the | 20 | | generation and storage of electricity from | 21 | | photovoltaic cells; or | 22 | | (F) the business commits to (i) make a minimum | 23 | | investment of $500,000,000, which will be placed in | 24 | | service in a qualified property, (ii) create 125 | 25 | | full-time equivalent jobs at a designated location in | 26 | | Illinois, (iii) establish a fertilizer plant at a |
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| 1 | | designated location in Illinois that complies with the | 2 | | set-back standards as described in Table 1: Initial | 3 | | Isolation and Protective Action Distances in the 2012 | 4 | | Emergency Response Guidebook published by the United | 5 | | States Department of Transportation, (iv) pay a | 6 | | prevailing wage for employees at that location who are | 7 | | engaged in construction activities, and (v) secure an | 8 | | appropriate level of general liability insurance to | 9 | | protect against catastrophic failure of the fertilizer | 10 | | plant or any of its constituent systems; in addition, | 11 | | the business must agree to enter into a construction | 12 | | project labor agreement including provisions | 13 | | establishing wages, benefits, and other compensation | 14 | | for employees performing work under the project labor | 15 | | agreement at that location; for the purposes of this | 16 | | Section, "fertilizer plant" means a newly constructed | 17 | | or upgraded plant utilizing gas used in the production | 18 | | of anhydrous ammonia and downstream nitrogen | 19 | | fertilizer products for resale; for the purposes of | 20 | | this Section, "prevailing wage" means the hourly cash | 21 | | wages plus fringe benefits for training and
| 22 | | apprenticeship programs approved by the U.S. | 23 | | Department of Labor, Bureau of
Apprenticeship and | 24 | | Training, health and welfare, insurance, vacations and
| 25 | | pensions paid generally, in the
locality in which the | 26 | | work is being performed, to employees engaged in
work |
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| 1 | | of a similar character on public works; this paragraph | 2 | | (F) applies only to businesses that submit an | 3 | | application to the Department within 60 days after | 4 | | July 25, 2013 (the effective date of Public Act | 5 | | 98-109); and | 6 | | (G) the business is a grocery store, as that term | 7 | | is defined in Section 5 of the Grocery Initiative Act, | 8 | | and receives financial support under that Act within | 9 | | the 10 years before submitting its application under | 10 | | this Act; and | 11 | | (4) no later than 90 days after an application is | 12 | | submitted, the
Department shall notify the applicant of | 13 | | the Department's determination of
the qualification of the | 14 | | proposed High Impact Business under this Section.
| 15 | | (b) Businesses designated as High Impact Businesses | 16 | | pursuant to
subdivision (a)(3)(A) of this Section shall | 17 | | qualify for the credits and
exemptions described in the
| 18 | | following Acts: Section 9-222 and Section 9-222.1A of the | 19 | | Public Utilities
Act,
subsection (h)
of Section 201 of the | 20 | | Illinois Income Tax Act,
and Section 1d of
the
Retailers' | 21 | | Occupation Tax Act; provided that these credits and
exemptions
| 22 | | described in these Acts shall not be authorized until the | 23 | | minimum
investments set forth in subdivision (a)(3)(A) of this
| 24 | | Section have been placed in
service in qualified properties | 25 | | and, in the case of the exemptions
described in the Public | 26 | | Utilities Act and Section 1d of the Retailers'
Occupation Tax |
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| 1 | | Act, the minimum full-time equivalent jobs or full-time | 2 | | retained jobs set
forth in subdivision (a)(3)(A) of this | 3 | | Section have been
created or retained.
Businesses designated | 4 | | as High Impact Businesses under
this Section shall also
| 5 | | qualify for the exemption described in Section 5l of the | 6 | | Retailers' Occupation
Tax Act. The credit provided in | 7 | | subsection (h) of Section 201 of the Illinois
Income Tax Act | 8 | | shall be applicable to investments in qualified property as | 9 | | set
forth in subdivision (a)(3)(A) of this Section.
| 10 | | (b-5) Businesses designated as High Impact Businesses | 11 | | pursuant to
subdivisions (a)(3)(B), (a)(3)(B-5), (a)(3)(C), | 12 | | and (a)(3)(D) of this Section shall qualify
for the credits | 13 | | and exemptions described in the following Acts: Section 51 of
| 14 | | the Retailers' Occupation Tax Act, Section 9-222 and Section | 15 | | 9-222.1A of the
Public Utilities Act, and subsection (h) of | 16 | | Section 201 of the Illinois Income
Tax Act; however, the | 17 | | credits and exemptions authorized under Section 9-222 and
| 18 | | Section 9-222.1A of the Public Utilities Act, and subsection | 19 | | (h) of Section 201
of the Illinois Income Tax Act shall not be | 20 | | authorized until the new electric
generating facility, the new | 21 | | gasification facility, the new transmission facility, or the | 22 | | new, expanded, or
reopened coal mine is operational,
except | 23 | | that a new electric generating facility whose primary fuel | 24 | | source is
natural gas is eligible only for the exemption under | 25 | | Section 5l of the
Retailers' Occupation Tax Act.
| 26 | | (b-6) Businesses designated as High Impact Businesses |
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| 1 | | pursuant to subdivision (a)(3)(E) or (a)(3)(E-5) of this | 2 | | Section shall qualify for the exemptions described in Section | 3 | | 5l of the Retailers' Occupation Tax Act; any business so | 4 | | designated as a High Impact Business being, for purposes of | 5 | | this Section, a "Wind Energy Business". | 6 | | (b-7) Beginning on January 1, 2021, businesses designated | 7 | | as High Impact Businesses by the Department shall qualify for | 8 | | the High Impact Business construction jobs credit under | 9 | | subsection (h-5) of Section 201 of the Illinois Income Tax Act | 10 | | if the business meets the criteria set forth in subsection (i) | 11 | | of this Section. The total aggregate amount of credits awarded | 12 | | under the Blue Collar Jobs Act (Article 20 of Public Act 101-9) | 13 | | shall not exceed $20,000,000 in any State fiscal year. | 14 | | (c) High Impact Businesses located in federally designated | 15 | | foreign trade
zones or sub-zones are also eligible for | 16 | | additional credits, exemptions and
deductions as described in | 17 | | the following Acts: Section 9-221 and Section
9-222.1 of the | 18 | | Public
Utilities Act; and subsection (g) of Section 201, and | 19 | | Section 203
of the Illinois Income Tax Act.
| 20 | | (d) Except for businesses contemplated under subdivision | 21 | | (a)(3)(E) or (a)(3)(E-5) of this Section, existing Illinois | 22 | | businesses which apply for designation as a
High Impact | 23 | | Business must provide the Department with the prospective plan
| 24 | | for which 1,500 full-time retained jobs would be eliminated in | 25 | | the event that the
business is not designated.
| 26 | | (e) Except for new wind power facilities contemplated |
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| 1 | | under subdivision (a)(3)(E) of this Section, new proposed | 2 | | facilities which apply for designation as High Impact
Business | 3 | | must provide the Department with proof of alternative | 4 | | non-Illinois
sites which would receive the proposed investment | 5 | | and job creation in the
event that the business is not | 6 | | designated as a High Impact Business.
| 7 | | (f) Except for businesses contemplated under subdivision | 8 | | (a)(3)(E) of this Section, in the event that a business is | 9 | | designated a High Impact Business
and it is later determined | 10 | | after reasonable notice and an opportunity for a
hearing as | 11 | | provided under the Illinois Administrative Procedure Act, that
| 12 | | the business would have placed in service in qualified | 13 | | property the
investments and created or retained the requisite | 14 | | number of jobs without
the benefits of the High Impact | 15 | | Business designation, the Department shall
be required to | 16 | | immediately revoke the designation and notify the Director
of | 17 | | the Department of Revenue who shall begin proceedings to | 18 | | recover all
wrongfully exempted State taxes with interest. The | 19 | | business shall also be
ineligible for all State funded | 20 | | Department programs for a period of 10 years.
| 21 | | (g) The Department shall revoke a High Impact Business | 22 | | designation if
the participating business fails to comply with | 23 | | the terms and conditions of
the designation.
| 24 | | (h) Prior to designating a business, the Department shall | 25 | | provide the
members of the General Assembly and Commission on | 26 | | Government Forecasting and Accountability
with a report |
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| 1 | | setting forth the terms and conditions of the designation and
| 2 | | guarantees that have been received by the Department in | 3 | | relation to the
proposed business being designated.
| 4 | | (i) High Impact Business construction jobs credit. | 5 | | Beginning on January 1, 2021, a High Impact Business may | 6 | | receive a tax credit against the tax imposed under subsections | 7 | | (a) and (b) of Section 201 of the Illinois Income Tax Act in an | 8 | | amount equal to 50% of the amount of the incremental income tax | 9 | | attributable to High Impact Business construction jobs credit | 10 | | employees employed in the course of completing a High Impact | 11 | | Business construction jobs project. However, the High Impact | 12 | | Business construction jobs credit may equal 75% of the amount | 13 | | of the incremental income tax attributable to High Impact | 14 | | Business construction jobs credit employees if the High Impact | 15 | | Business construction jobs credit project is located in an | 16 | | underserved area. | 17 | | The Department shall certify to the Department of Revenue: | 18 | | (1) the identity of taxpayers that are eligible for the High | 19 | | Impact Business construction jobs credit; and (2) the amount | 20 | | of High Impact Business construction jobs credits that are | 21 | | claimed pursuant to subsection (h-5) of Section 201 of the | 22 | | Illinois Income Tax Act in each taxable year. Any business | 23 | | entity that receives a High Impact Business construction jobs | 24 | | credit shall maintain a certified payroll pursuant to | 25 | | subsection (j) of this Section. | 26 | | As used in this subsection (i): |
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| 1 | | "High Impact Business construction jobs credit" means an | 2 | | amount equal to 50% (or 75% if the High Impact Business | 3 | | construction project is located in an underserved area) of the | 4 | | incremental income tax attributable to High Impact Business | 5 | | construction job employees. The total aggregate amount of | 6 | | credits awarded under the Blue Collar Jobs Act (Article 20 of | 7 | | Public Act 101-9) shall not exceed $20,000,000 in any State | 8 | | fiscal year | 9 | | "High Impact Business construction job employee" means a | 10 | | laborer or worker who is employed by an Illinois contractor or | 11 | | subcontractor in the actual construction work on the site of a | 12 | | High Impact Business construction job project. | 13 | | "High Impact Business construction jobs project" means | 14 | | building a structure or building or making improvements of any | 15 | | kind to real property, undertaken and commissioned by a | 16 | | business that was designated as a High Impact Business by the | 17 | | Department. The term "High Impact Business construction jobs | 18 | | project" does not include the routine operation, routine | 19 | | repair, or routine maintenance of existing structures, | 20 | | buildings, or real property. | 21 | | "Incremental income tax" means the total amount withheld | 22 | | during the taxable year from the compensation of High Impact | 23 | | Business construction job employees. | 24 | | "Underserved area" means a geographic area that meets one | 25 | | or more of the following conditions: | 26 | | (1) the area has a poverty rate of at least 20% |
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| 1 | | according to the latest American Community Survey; | 2 | | (2) 35% or more of the families with children in the | 3 | | area are living below 130% of the poverty line, according | 4 | | to the latest American Community Survey; | 5 | | (3) at least 20% of the households in the area receive | 6 | | assistance under the Supplemental Nutrition Assistance | 7 | | Program (SNAP); or | 8 | | (4) the area has an average unemployment rate, as | 9 | | determined by the Illinois Department of Employment | 10 | | Security, that is more than 120% of the national | 11 | | unemployment average, as determined by the U.S. Department | 12 | | of Labor, for a period of at least 2 consecutive calendar | 13 | | years preceding the date of the application. | 14 | | (j) Each contractor and subcontractor who is engaged in | 15 | | and executing a High Impact Business Construction jobs | 16 | | project, as defined under subsection (i) of this Section, for | 17 | | a business that is entitled to a credit pursuant to subsection | 18 | | (i) of this Section shall: | 19 | | (1) make and keep, for a period of 5 years from the | 20 | | date of the last payment made on or after June 5, 2019 (the | 21 | | effective date of Public Act 101-9) on a contract or | 22 | | subcontract for a High Impact Business Construction Jobs | 23 | | Project, records for all laborers and other workers | 24 | | employed by the contractor or subcontractor on the | 25 | | project; the records shall include: | 26 | | (A) the worker's name; |
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| 1 | | (B) the worker's address; | 2 | | (C) the worker's telephone number, if available; | 3 | | (D) the worker's social security number; | 4 | | (E) the worker's classification or | 5 | | classifications; | 6 | | (F) the worker's gross and net wages paid in each | 7 | | pay period; | 8 | | (G) the worker's number of hours worked each day; | 9 | | (H) the worker's starting and ending times of work | 10 | | each day; | 11 | | (I) the worker's hourly wage rate; | 12 | | (J) the worker's hourly overtime wage rate; | 13 | | (K) the worker's race and ethnicity; and | 14 | | (L) the worker's gender; | 15 | | (2) no later than the 15th day of each calendar month, | 16 | | provide a certified payroll for the immediately preceding | 17 | | month to the taxpayer in charge of the High Impact | 18 | | Business construction jobs project; within 5 business days | 19 | | after receiving the certified payroll, the taxpayer shall | 20 | | file the certified payroll with the Department of Labor | 21 | | and the Department of Commerce and Economic Opportunity; a | 22 | | certified payroll must be filed for only those calendar | 23 | | months during which construction on a High Impact Business | 24 | | construction jobs project has occurred; the certified | 25 | | payroll shall consist of a complete copy of the records | 26 | | identified in paragraph (1) of this subsection (j), but |
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| 1 | | may exclude the starting and ending times of work each | 2 | | day; the certified payroll shall be accompanied by a | 3 | | statement signed by the contractor or subcontractor or an | 4 | | officer, employee, or agent of the contractor or | 5 | | subcontractor which avers that: | 6 | | (A) he or she has examined the certified payroll | 7 | | records required to be submitted by the Act and such | 8 | | records are true and accurate; and | 9 | | (B) the contractor or subcontractor is aware that | 10 | | filing a certified payroll that he or she knows to be | 11 | | false is a Class A misdemeanor. | 12 | | A general contractor is not prohibited from relying on a | 13 | | certified payroll of a lower-tier subcontractor, provided the | 14 | | general contractor does not knowingly rely upon a | 15 | | subcontractor's false certification. | 16 | | Any contractor or subcontractor subject to this | 17 | | subsection, and any officer, employee, or agent of such | 18 | | contractor or subcontractor whose duty as an officer, | 19 | | employee, or agent it is to file a certified payroll under this | 20 | | subsection, who willfully fails to file such a certified | 21 | | payroll on or before the date such certified payroll is | 22 | | required by this paragraph to be filed and any person who | 23 | | willfully files a false certified payroll that is false as to | 24 | | any material fact is in violation of this Act and guilty of a | 25 | | Class A misdemeanor. | 26 | | The taxpayer in charge of the project shall keep the |
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| 1 | | records submitted in accordance with this subsection on or | 2 | | after June 5, 2019 (the effective date of Public Act 101-9) for | 3 | | a period of 5 years from the date of the last payment for work | 4 | | on a contract or subcontract for the High Impact Business | 5 | | construction jobs project. | 6 | | The records submitted in accordance with this subsection | 7 | | shall be considered public records, except an employee's | 8 | | address, telephone number, and social security number, and | 9 | | made available in accordance with the Freedom of Information | 10 | | Act. The Department of Labor shall share the information with | 11 | | the Department in order to comply with the awarding of a High | 12 | | Impact Business construction jobs credit. A contractor, | 13 | | subcontractor, or public body may retain records required | 14 | | under this Section in paper or electronic format. | 15 | | (k) Upon 7 business days' notice, each contractor and | 16 | | subcontractor shall make available for inspection and copying | 17 | | at a location within this State during reasonable hours, the | 18 | | records identified in this subsection (j) to the taxpayer in | 19 | | charge of the High Impact Business construction jobs project, | 20 | | its officers and agents, the Director of the Department of | 21 | | Labor and his or her deputies and agents, and to federal, | 22 | | State, or local law enforcement agencies and prosecutors. | 23 | | (l) The changes made to this Section by this amendatory | 24 | | Act of the 102nd General Assembly, other than the changes in | 25 | | subsection (a), apply to high impact businesses that submit | 26 | | applications on or after the effective date of this amendatory |
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| 1 | | Act of the 102nd General Assembly. | 2 | | (Source: P.A. 101-9, eff. 6-5-19; 102-108, eff. 1-1-22; | 3 | | 102-558, eff. 8-20-21; 102-605, eff. 8-27-21; 102-662, eff. | 4 | | 9-15-21; 102-673, eff. 11-30-21; 102-813, eff. 5-13-22; | 5 | | 102-1125, eff. 2-3-23.)
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