Full Text of HB1882 97th General Assembly
HB1882enr 97TH 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 5. The Department of Commerce and Economic | 5 | | Opportunity Law of the
Civil Administrative Code of Illinois is | 6 | | amended by adding Sections 605-456, 605-460, and 605-465 as | 7 | | follows: | 8 | | (20 ILCS 605/605-456 new) | 9 | | Sec. 605-456. Survey and report on business incentives. | 10 | | (a) The Department shall contact businesses that are | 11 | | located in the State or have been identified as having left the | 12 | | State. The Department shall request that the business complete | 13 | | a survey, developed by the Department, that includes | 14 | | information regarding (i) why the business left, if applicable, | 15 | | and the location to which the business relocated and (ii) any | 16 | | incentives that are needed to keep and attract the business. | 17 | | (b) The Department shall compile the results of the surveys | 18 | | and any other relevant information provided to the Department. | 19 | | By each July 1, the Department shall report to the General | 20 | | Assembly upon its compilation of the previous year's survey | 21 | | responses and any of the other relevant information. The report | 22 | | must identify, at a minimum, the most common responses, | 23 | | categorized by industry and region, regarding (i) why |
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| 1 | | businesses left Illinois, (ii) what incentives would have | 2 | | influenced businesses to remain in Illinois, and (iii) to which | 3 | | cities and states the businesses have relocated. | 4 | | (c) For the purposes of this Section, a business is defined | 5 | | as one that is engaged in interstate or intrastate commerce for | 6 | | the purpose of manufacturing, processing, assembling, | 7 | | warehousing, or distributing products, conducting research and | 8 | | development, providing tourism services, or providing services | 9 | | in interstate commerce, office industries, or agricultural | 10 | | processing, but excluding retail, retail food, health, or | 11 | | professional services. | 12 | | (d) The Department shall adopt rules for the implementation | 13 | | of this Section. | 14 | | (20 ILCS 605/605-460 new) | 15 | | Sec. 605-460. Engineering excellence program. | 16 | | (a) Coordination between engineering schools and private | 17 | | business is an important tool in fostering innovation. | 18 | | Universities have eager students, experienced faculty, and | 19 | | state-of-the-art research facilities. Businesses have existing | 20 | | markets, production capital, and evolving needs. The General | 21 | | Assembly believes that universities and businesses should | 22 | | share resources to allow students to participate in the | 23 | | research and development area of innovative design and to allow | 24 | | businesses to benefit from the developing skills of these | 25 | | students. |
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| 1 | | (b) In order to facilitate engineering excellence, the | 2 | | Department shall develop a program to achieve the goals set | 3 | | forth in subsection (a). Under this program, the Department | 4 | | must: | 5 | | (1) Annually contact the State's major public and | 6 | | private universities with engineering schools. | 7 | | (2) Request a one-page written summary of the | 8 | | internship, externship, or residency programs operated by | 9 | | the engineering college of each of the contacted | 10 | | universities. | 11 | | (3) Identify the manufacturing businesses within 50 | 12 | | miles of each university that responded under paragraph (2) | 13 | | that could benefit from assistance in the area of | 14 | | innovative design. | 15 | | (4) Send a letter to each manufacturer identified under | 16 | | paragraph (3), informing it of the university's program and | 17 | | advising the business to contact the university if it | 18 | | wishes to participate in the engineering school's program. | 19 | | (c) The Department shall adopt rules for the implementation | 20 | | of this Section. | 21 | | (20 ILCS 605/605-465 new) | 22 | | Sec. 605-465. Comprehensive website information. | 23 | | (a) The Department's official website must contain a | 24 | | comprehensive list of State, local, and federal economic | 25 | | benefits available to businesses in each of the State's |
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| 1 | | counties and municipalities that the Department includes on its | 2 | | website. In order to do so: | 3 | | (1) The Department annually must request a summary of | 4 | | available economic benefits from each of the State's | 5 | | counties and municipalities that are linked to the | 6 | | Department's website. | 7 | | (2) The information obtained under paragraph (1) must | 8 | | be published on the related web pages of the Department's | 9 | | website. | 10 | | (3) The Department's website shall also provide | 11 | | information regarding available federal economic benefits | 12 | | to the extent possible. | 13 | | (b) The Department shall adopt rules for the implementation | 14 | | of this Section.
| 15 | | Section 10. The Corporate Accountability for Tax | 16 | | Expenditures Act is amended by changing Section 25 as follows:
| 17 | | (20 ILCS 715/25)
| 18 | | Sec. 25. Recapture.
| 19 | | (a) All development assistance agreements
shall contain, | 20 | | at a
minimum, the following recapture provisions:
| 21 | | (1) The recipient must (i) make the level of capital | 22 | | investment in the
economic
development project specified | 23 | | in the development assistance agreement; (ii)
create or
| 24 | | retain, or both, the requisite number of jobs, paying not |
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| 1 | | less than specified
wages for the
created and retained | 2 | | jobs, within and for the duration of the time period
| 3 | | specified in the
legislation authorizing, or the | 4 | | administrative rules implementing, the
development
| 5 | | assistance programs and the development assistance | 6 | | agreement.
| 7 | | (2) If the recipient fails to create or retain the | 8 | | requisite number of
jobs within and
for the time period | 9 | | specified, in the legislation authorizing, or the
| 10 | | administrative rules
implementing, the development | 11 | | assistance programs and the development
assistance
| 12 | | agreement, the recipient shall be deemed to no longer | 13 | | qualify for the State
economic
assistance and the | 14 | | applicable recapture provisions shall take effect.
| 15 | | (3) If the recipient receives State economic | 16 | | assistance in the form of a
High
Impact Business | 17 | | designation pursuant to Section 5.5 of the Illinois | 18 | | Enterprise
Zone Act
and the business receives the benefit | 19 | | of the exemption authorized under Section
5l of the
| 20 | | Retailers' Occupation Tax Act (for the sale of building | 21 | | materials incorporated
into a High
Impact Business | 22 | | location) and the recipient fails to create or retain the
| 23 | | requisite number
of jobs, as determined by the legislation | 24 | | authorizing the development
assistance
programs
or the | 25 | | administrative rules implementing such legislation, or | 26 | | both, within the
requisite
period of time, the recipient |
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| 1 | | shall be required to pay to the State the full
amount of | 2 | | the
State tax exemption that it received as a result of the | 3 | | High Impact Business
designation.
| 4 | | (4) If the recipient receives a grant or loan pursuant | 5 | | to the Large
Business
Development Program, the Business | 6 | | Development Public Infrastructure Program, or
the
| 7 | | Industrial Training Program and the recipient fails to | 8 | | create or retain the
requisite number
of jobs for the | 9 | | requisite time period, as provided in the legislation
| 10 | | authorizing the
development assistance programs or the | 11 | | administrative rules implementing such
legislation, or | 12 | | both, or in the development assistance agreement, the | 13 | | recipient
shall be
required to repay to the State a pro | 14 | | rata amount of the grant; that amount
shall
reflect
the | 15 | | percentage of the deficiency between the requisite number | 16 | | of jobs to be
created or
retained by the recipient and the | 17 | | actual number of such jobs in existence as of
the date the
| 18 | | Department determines the recipient is in breach of the job | 19 | | creation or
retention
covenants contained in the | 20 | | development assistance agreement. If the recipient
of
| 21 | | development assistance under the Large Business | 22 | | Development Program, the
Business
Development Public | 23 | | Infrastructure Program, or the Industrial Training Program
| 24 | | ceases
operations at the specific project site, during the | 25 | | 5-year period commencing on
the date of
assistance, the | 26 | | recipient shall be required to repay the entire amount of |
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| 1 | | the
grant or to
accelerate repayment of the loan back to | 2 | | the State.
| 3 | | (5) If the recipient receives a tax credit under the | 4 | | Economic
Development for a
Growing Economy tax credit | 5 | | program, the development assistance agreement must
provide | 6 | | that (i) if the number of new or retained employees falls | 7 | | below the
requisite
number set forth in the development | 8 | | assistance agreement, the allowance of the
credit
shall be | 9 | | automatically suspended until the number of new and | 10 | | retained employees
equals
or exceeds the requisite number | 11 | | in the development assistance agreement; (ii)
if
the
| 12 | | recipient discontinues operations at the specific project | 13 | | site during the 5-year period after the beginning of the | 14 | | first tax year for which the Department issues a tax credit | 15 | | certificate, the recipient shall
forfeit all
credits taken | 16 | | by the recipient during such 5-year period; and (iii) in | 17 | | the
event
of a
revocation or suspension of the credit, the | 18 | | Department shall contact the
Director
of Revenue to | 19 | | initiate proceedings against the recipient to recover
| 20 | | wrongfully
exempted Illinois State income taxes and the | 21 | | recipient shall promptly repay to
the
Department of Revenue | 22 | | any wrongfully exempted Illinois State income taxes.
The | 23 | | forfeited amount of credits shall be deemed assessed on the | 24 | | date the
Department
contacts the Department of Revenue and | 25 | | the recipient shall promptly repay to
the
Department of | 26 | | Revenue any wrongfully exempted Illinois State income |
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| 1 | | taxes.
| 2 | | (b) The Director may elect to waive enforcement of any | 3 | | contractual provision
arising out of
the development | 4 | | assistance agreement required by this Act based on a finding
| 5 | | that the waiver is
necessary to avert an imminent and | 6 | | demonstrable hardship to the
recipient that may
result in such | 7 | | recipient's insolvency or discharge of workers.
If a waiver is
| 8 | | granted, the recipient must agree to a contractual | 9 | | modification, including
recapture provisions,
to the
| 10 | | development assistance
agreement.
The existence of
any waiver
| 11 | | granted pursuant to this subsection (c), the date of the | 12 | | granting of such
waiver, and a brief
summary of the reasons | 13 | | supporting the granting of such waiver shall be
disclosed
| 14 | | consistent with
the provisions of Section 25 of this Act.
| 15 | | (b-5) The Department shall post, on its website, (i) the | 16 | | identity of each recipient from whom amounts were recaptured | 17 | | under this Section on or after the effective date of this | 18 | | amendatory Act of the 97th General Assembly, (ii) the date of | 19 | | the recapture, (iii) a summary of the reasons supporting the | 20 | | recapture, and (iv) the amount recaptured from those | 21 | | recipients. | 22 | | (c) Beginning June 1, 2004, the Department shall annually | 23 | | compile a report
on the
outcomes and effectiveness of recapture | 24 | | provisions by program, including but
not limited
to: (i) the | 25 | | total number of companies that receive development assistance | 26 | | as
defined in
this Act; (ii) the total number of recipients in |
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| 1 | | violation of development
agreements with
the Department; (iii) | 2 | | the total number of completed recapture efforts; (iv) the
total
| 3 | | number of recapture efforts initiated; and (v) the number of | 4 | | waivers granted.
This report
shall be disclosed consistent with | 5 | | the provisions of Section 20 of this Act.
| 6 | | (d) For the purposes of this Act, recapture provisions do | 7 | | not include the
Illinois
Department of Transportation Economic | 8 | | Development Program, any grants under the
Industrial Training | 9 | | Program that are not given as an incentive to a
recipient | 10 | | business organization,
or any successor programs as described | 11 | | in the term "development assistance" in
Section 5
of this Act.
| 12 | | (Source: P.A. 97-2, eff. 5-6-11.)
| 13 | | Section 15. The Energy Assistance Act is amended by | 14 | | changing Section 6 as follows:
| 15 | | (305 ILCS 20/6) (from Ch. 111 2/3, par. 1406)
| 16 | | Sec. 6. Eligibility, Conditions of Participation, and | 17 | | Energy Assistance.
| 18 | | (a) Any person who is a resident of the State of Illinois | 19 | | and whose
household income is not greater than an amount | 20 | | determined annually by the
Department, in consultation with the | 21 | | Policy Advisory Council, may
apply for assistance pursuant to | 22 | | this Act in accordance with regulations
promulgated by the | 23 | | Department. In setting the annual eligibility level, the
| 24 | | Department shall consider the amount of available funding and |
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| 1 | | may not set a
limit higher than 150% of the federal nonfarm | 2 | | poverty level as established by
the federal Office of | 3 | | Management and Budget; except that for the period ending June | 4 | | 30, 2013, 2012, or until the expenditure of federal resources | 5 | | allocated for energy assistance programs by the American | 6 | | Recovery and Reinvestment Act, whichever occurs first, the | 7 | | Department may not establish limits higher than 200% of that | 8 | | poverty level or the maximum level provided for by federal | 9 | | guidelines .
| 10 | | (b) Applicants who qualify for assistance pursuant to | 11 | | subsection (a) of
this Section shall, subject to appropriation | 12 | | from the General Assembly and
subject to availability of funds | 13 | | to the Department, receive energy
assistance as provided by | 14 | | this Act. The Department, upon receipt
of monies authorized | 15 | | pursuant to this Act for energy assistance, shall commit
funds | 16 | | for each qualified applicant in an amount determined by the
| 17 | | Department. In determining the amounts of assistance to be | 18 | | provided to or
on behalf of a qualified applicant, the | 19 | | Department shall ensure that the
highest amounts of assistance | 20 | | go to households with the greatest energy
costs in relation to | 21 | | household income. The Department shall include
factors such as | 22 | | energy costs, household size, household income, and region
of | 23 | | the State when determining individual household benefits. In | 24 | | setting
assistance levels, the Department shall attempt to | 25 | | provide assistance to
approximately the same number of | 26 | | households who participated in the 1991
Residential Energy |
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| 1 | | Assistance Partnership Program. Such assistance levels
shall | 2 | | be adjusted annually on the basis of funding
availability and | 3 | | energy costs. In promulgating rules for the
administration of | 4 | | this
Section the Department shall assure that a minimum of 1/3 | 5 | | of funds
available for benefits to eligible households with the | 6 | | lowest incomes and that elderly and
disabled households are | 7 | | offered a priority application
period.
| 8 | | (c) If the applicant is not a customer of record of an | 9 | | energy provider for
energy services or an applicant for such | 10 | | service, such applicant shall
receive a direct energy | 11 | | assistance payment in an amount established by the
Department | 12 | | for all such applicants under this Act; provided, however, that
| 13 | | such an applicant must have rental expenses for housing greater | 14 | | than 30% of
household income.
| 15 | | (c-1) This subsection shall apply only in cases where: (1) | 16 | | the applicant is not a customer of record of an energy provider | 17 | | because energy services are provided by the owner of the unit | 18 | | as a portion of the rent; (2) the applicant resides in housing | 19 | | subsidized or developed with funds provided under the Rental | 20 | | Housing Support Program Act or under a similar locally funded | 21 | | rent subsidy program, or is the voucher holder who resides in a | 22 | | rental unit within the State of Illinois and whose monthly rent | 23 | | is subsidized by the tenant-based Housing Choice Voucher | 24 | | Program under Section 8 of the U.S. Housing Act of 1937; and | 25 | | (3) the rental expenses for housing are no more than 30% of | 26 | | household income. In such cases, the household may apply for an |
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| 1 | | energy assistance payment under this Act and the owner of the | 2 | | housing unit shall cooperate with the applicant by providing | 3 | | documentation of the energy costs for that unit. Any | 4 | | compensation paid to the energy provider who supplied energy | 5 | | services to the household shall be paid on behalf of the owner | 6 | | of the housing unit providing energy services to the household. | 7 | | The Department shall report annually to the General Assembly on | 8 | | the number of households receiving energy assistance under this | 9 | | subsection and the cost of such assistance. The provisions of | 10 | | this subsection (c-1), other than this sentence, are | 11 | | inoperative after August 31, 2012. | 12 | | (d) If the applicant is a customer of an energy provider, | 13 | | such
applicant shall receive energy assistance in an amount | 14 | | established by the
Department for all such applicants under | 15 | | this Act, such amount to be paid
by the Department to the | 16 | | energy provider supplying winter energy service to
such | 17 | | applicant. Such applicant shall:
| 18 | | (i) make all reasonable efforts to apply to any other | 19 | | appropriate
source of public energy assistance; and
| 20 | | (ii) sign a waiver permitting the Department to receive | 21 | | income
information from any public or private agency | 22 | | providing income or energy
assistance and from any | 23 | | employer, whether public or private.
| 24 | | (e) Any qualified applicant pursuant to this Section may | 25 | | receive or have
paid on such applicant's behalf an emergency | 26 | | assistance payment to enable
such applicant to obtain access to |
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| 1 | | winter energy services. Any such
payments shall be made in | 2 | | accordance with regulations of the Department.
| 3 | | (f) The Department may, if sufficient funds are available, | 4 | | provide
additional benefits to certain qualified applicants:
| 5 | | (i) for the reduction of past due amounts owed to | 6 | | energy providers;
and
| 7 | | (ii) to assist the household in responding to | 8 | | excessively high summer
temperatures or energy costs. | 9 | | Households containing elderly members, children,
a person | 10 | | with a disability, or a person with a medical need for | 11 | | conditioned air
shall receive priority for receipt of such | 12 | | benefits.
| 13 | | (Source: P.A. 96-154, eff. 1-1-10; 96-157, eff. 9-1-09; | 14 | | 96-1000, eff. 7-2-10.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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