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093_HB0235enr
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1 AN ACT concerning corporations.
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 Corporate Accountability for Tax Expenditures Act.
6 Section 5. Definitions. As used in this Act:
7 "Base years" means the first 2 complete calendar years
8 following the effective date of a recipient receiving
9 development assistance.
10 "Date of assistance" means the commencement date of the
11 assistance agreement, which date triggers the period during
12 which the recipient is obligated to create or retain jobs and
13 continue operations at the specific project site.
14 "Default" means that a recipient has not achieved its job
15 creation, job retention, or wage or benefit goals, as
16 applicable, during the prescribed period therefor.
17 "Department" means, unless otherwise noted, the
18 Department of Commerce and Community Affairs or any successor
19 agency.
20 "Development assistance" means (1) tax credits and tax
21 exemptions (other than given under tax increment financing)
22 given as an incentive to a recipient business organization
23 pursuant to an initial certification or an initial
24 designation made by the Department under the Economic
25 Development for a Growing Economy Tax Credit Act and the
26 Illinois Enterprise Zone Act, including the High Impact
27 Business program, (2) grants or loans given to a recipient as
28 an incentive to a business organization pursuant to the Large
29 Business Development Program, the Business Development Public
30 Infrastructure Program, or the Industrial Training Program,
31 (3) the State Treasurer's Economic Program Loans, (4) the
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1 Illinois Department of Transportation Economic Development
2 Program, and (5) all successor and subsequent programs and
3 tax credits designed to promote large business relocations
4 and expansions. "Development assistance" does not include tax
5 increment financing, assistance provided under the Illinois
6 Enterprise Zone Act pursuant to local ordinance,
7 participation loans, or financial transactions through
8 statutorily authorized financial intermediaries in support of
9 small business loans and investments or given in connection
10 with the development of affordable housing.
11 "Development assistance agreement" means any agreement
12 executed by the State granting body and the recipient setting
13 forth the terms and conditions of development assistance to
14 be provided to the recipient consistent with the final
15 application for development assistance, including but not
16 limited to the date of assistance, submitted to and approved
17 by the State granting body.
18 "Full-time, permanent job" means either: (1) the
19 definition therefor in the legislation authorizing the
20 programs described in the definition of development
21 assistance in the Act or (2) if there is no such definition,
22 then as defined in administrative rules implementing such
23 legislation, provided the administrative rules were in place
24 prior to the effective date of this Act. On and after the
25 effective date of this Act, if there is no definition of
26 "full-time, permanent job" in either the legislation
27 authorizing a program that constitutes economic development
28 assistance under this Act or in any administrative rule
29 implementing such legislation that was in place prior to the
30 effective date of this Act, then "full-time, permanent job"
31 means a job in which the new employee works for the recipient
32 at a rate of at least 35 hours per week.
33 "New employee" means either: (1) the definition therefor
34 in the legislation authorizing the programs described in the
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1 definition of development assistance in the Act or (2) if
2 there is no such definition, then as defined in
3 administrative rules implementing such legislation, provided
4 the administrative rules were in place prior to the effective
5 date of this Act. On and after the effective date of this
6 Act, if there is no definition of "new employee" in either
7 the legislation authorizing a program that constitutes
8 economic development assistance under this Act nor in any
9 administrative rule implementing such legislation that was in
10 place prior to the effective date of this Act, then "new
11 employee" means a full-time, permanent employee who
12 represents a net increase in the number of the recipient's
13 employees statewide. "New employee" includes an employee who
14 previously filled a new employee position with the recipient
15 who was rehired or called back from a layoff that occurs
16 during or following the base years.
17 The term "New Employee" does not include any of the
18 following:
19 (1) An employee of the recipient who performs a job
20 that was previously performed by another employee in this
21 State, if that job existed in this State for at least 6
22 months before hiring the employee.
23 (2) A child, grandchild, parent, or spouse, other
24 than a spouse who is legally separated from the
25 individual, of any individual who has a direct or
26 indirect ownership interest of at least 5% in the
27 profits, capital, or value of any member of the
28 recipient.
29 "Part-time job" means either: (1) the definition therefor
30 in the legislation authorizing the programs described in the
31 definition of development assistance in the Act or (2) if
32 there is no such definition, then as defined in
33 administrative rules implementing such legislation, provided
34 the administrative rules were in place prior to the effective
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1 date of this Act. On and after the effective date of this
2 Act, if there is no definition of "part-time job" in either
3 the legislation authorizing a program that constitutes
4 economic development assistance under this Act or in any
5 administrative rule implementing such legislation that was in
6 place prior to the effective date of this Act, then
7 "part-time job" means a job in which the new employee works
8 for the recipient at a rate of less than 35 hours per week.
9 "Recipient" means any business that receives economic
10 development assistance. A business is any corporation,
11 limited liability company, partnership, joint venture,
12 association, sole proprietorship, or other legally recognized
13 entity.
14 "Retained employee" means either: (1) the definition
15 therefor in the legislation authorizing the programs
16 described in the definition of development assistance in the
17 Act or (2) if there is no such definition, then as defined in
18 administrative rules implementing such legislation, provided
19 the administrative rules were in place prior to the effective
20 date of this Act. On and after the effective date of this
21 Act, if there is no definition of "retained employee" in
22 either the legislation authorizing a program that constitutes
23 economic development assistance under this Act or in any
24 administrative rule implementing such legislation that was in
25 place prior to the effective date of this Act, then "retained
26 employee" means any employee defined as having a full-time or
27 full-time equivalent job preserved at a specific facility or
28 site, the continuance of which is threatened by a specific
29 and demonstrable threat, which shall be specified in the
30 application for development assistance.
31 "Specific project site" means that distinct operational
32 unit to which any development assistance is applied.
33 "State granting body" means the Department, any State
34 department or State agency that provides development
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1 assistance that has reporting requirements under this Act,
2 and any successor agencies to any of the preceding.
3 "Temporary job" means either: (1) the definition therefor
4 in the legislation authorizing the programs described in the
5 definition of development assistance in the Act or (2) if
6 there is no such definition, then as defined in
7 administrative rules implementing such legislation, provided
8 the administrative rules were in place prior to the effective
9 date of this Act. On and after the effective date of this
10 Act, if there is no definition of "temporary job" in either
11 the legislation authorizing a program that constitutes
12 economic development assistance under this Act or in any
13 administrative rule implementing such legislation that was in
14 place prior to the effective date of this Act, then
15 "temporary job" means a job in which the new employee is
16 hired for a specific duration of time or season.
17 "Value of assistance" means the face value of any form of
18 development assistance.
19 Section 10. Unified Economic Development Budget.
20 (a) For each State fiscal year ending on or after June
21 30, 2005, the Department of Revenue shall submit an annual
22 Unified Economic Development Budget to the General Assembly.
23 The Unified Economic Development Budget shall be due within 3
24 months after the end of the fiscal year, and shall present
25 all types of development assistance granted during the prior
26 fiscal year, including:
27 (1) The aggregate amount of uncollected or diverted
28 State tax revenues resulting from each type of
29 development assistance provided in the tax statutes, as
30 reported to the Department of Revenue on tax returns
31 filed during the fiscal year.
32 (2) All State development assistance.
33 (b) All data contained in the Unified Economic
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1 Development Budget presented to the General Assembly shall be
2 fully subject to the Freedom of Information Act.
3 (c) The Department of Revenue shall submit a report of
4 the amounts in subdivision (a)(1) of this Section to the
5 Department, which may append such report to the Unified
6 Economic Development Budget rather than separately reporting
7 such amounts.
8 Section 15. Standardized applications for State
9 development assistance.
10 (a) All final applications submitted to the Department or
11 any other State granting body requesting development
12 assistance shall contain, at a minimum:
13 (1) An application tracking number that is specific
14 to both the State granting agency and to each
15 application.
16 (2) The office mailing addresses, office telephone
17 number, and chief officer of the granting body.
18 (3) The office mailing address, telephone number,
19 4-digit SIC number or successor number, and the name of
20 the chief officer of the applicant or authorized designee
21 for the specific project site for which development
22 assistance is requested.
23 (4) The applicant's total number of employees at the
24 specific project site on the date that the application is
25 submitted to the State granting body, including the
26 number of full-time, permanent jobs, the number of
27 part-time jobs, and the number of temporary jobs.
28 (5) The type of development assistance and value of
29 assistance being requested.
30 (6) The number of jobs to be created and retained or
31 both created and retained by the applicant as a result of
32 the development assistance, including the number of
33 full-time, permanent jobs, the number of part-time jobs,
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1 and the number of temporary jobs.
2 (7) A detailed list of the occupation or job
3 classifications and number of new employees or retained
4 employees to be hired in full-time, permanent jobs, a
5 schedule of anticipated starting dates of the new hires
6 and the anticipated average wage by occupation or job
7 classification and total payroll to be created as a
8 result of the development assistance.
9 (8) A list of all other forms of development
10 assistance that the applicant is requesting for the
11 specific project site and the name of each State granting
12 body from which that development assistance is being
13 requested.
14 (9) A narrative, if necessary, describing why the
15 development assistance is needed and how the applicant's
16 use of the development assistance may reduce employment
17 at any site in Illinois.
18 (10) A certification by the chief officer of the
19 applicant or his or her authorized designee that the
20 information contained in the application submitted to the
21 granting body contains no knowing misrepresentation of
22 material facts upon which eligibility for development
23 assistance is based.
24 (b) Every State granting body either shall complete, or
25 shall require the applicant to complete, an application form
26 that meets the minimum requirements as prescribed in this
27 Section each time an applicant applies for development
28 assistance covered by this Act.
29 (c) The Department shall have the discretion to modify
30 any standardized application for State development assistance
31 required under subsection (a) for any grants under the
32 Industrial Training Program that are not given as an
33 incentive to a recipient business organization.
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1 Section 20. State development assistance disclosure.
2 (a) Beginning February 1, 2005 and each year thereafter,
3 every State granting body shall submit to the Department
4 copies of all development assistance agreements that it
5 approved in the prior calendar year.
6 (b) For each development assistance agreement for which
7 the date of assistance has occurred in the prior calendar
8 year, each recipient shall submit to the Department a
9 progress report that shall include, but not be limited to,
10 the following:
11 (1) The application tracking number.
12 (2) The office mailing address, telephone number,
13 and the name of the chief officer of the granting body.
14 (3) The office mailing address, telephone number,
15 4-digit SIC number or successor number, and the name of
16 the chief officer of the applicant or authorized designee
17 for the specific project site for which the development
18 assistance was approved by the State granting body.
19 (4) The type of development assistance program and
20 value of assistance that was approved by the State
21 granting body.
22 (5) The applicant's total number of employees at the
23 specific project site on the date that the application
24 was submitted to the State granting body and the
25 applicant's total number of employees at the specific
26 project site on the date of the report, including the
27 number of full-time, permanent jobs, the number of
28 part-time jobs, and the number of temporary jobs, and a
29 computation of the gain or loss of jobs in each category.
30 (6) The number of new employees and retained
31 employees the applicant stated in its development
32 assistance agreement, if any, if not, then in its
33 application, would be created by the development
34 assistance broken down by full-time, permanent,
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1 part-time, and temporary.
2 (7) A declaration of whether the recipient is in
3 compliance with the development assistance agreement.
4 (8) A detailed list of the occupation or job
5 classifications and number of new employees or retained
6 employees to be hired in full-time, permanent jobs, a
7 schedule of anticipated starting dates of the new hires
8 and the actual average wage by occupation or job
9 classification and total payroll to be created as a
10 result of the development assistance.
11 (9) A narrative, if necessary, describing how the
12 recipient's use of the development assistance during the
13 reporting year has reduced employment at any site in
14 Illinois.
15 (10) A certification by the chief officer of the
16 applicant or his or her authorized designee that the
17 information in the progress report contains no knowing
18 misrepresentation of material facts upon which
19 eligibility for development assistance is based.
20 (c) The State granting body, or a successor agency, shall
21 have full authority to verify information contained in the
22 recipient's progress report, including the authority to
23 inspect the specific project site and inspect the records of
24 the recipient that are subject to the development assistance
25 agreement.
26 (d) By June 1, 2005 and by June 1 of each year
27 thereafter, the Department shall compile and publish all data
28 in all of the progress reports in both written and electronic
29 form.
30 (e) If a recipient of development assistance fails to
31 comply with subsection (b) of this Section, the Department
32 shall, within 20 working days after the reporting submittal
33 deadlines set forth in (i) the legislation authorizing, (ii)
34 the administrative rules implementing, or (iii) specific
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1 provisions in development assistance agreements pertaining to
2 the development assistance programs, suspend within 33
3 working days any current development assistance to the
4 recipient under its control, and shall be prohibited from
5 completing any current or providing any future development
6 assistance until it receives proof that the recipient has
7 come into compliance with the requirements of subsection (b)
8 of this Section.
9 (f) The Department shall have the discretion to modify
10 the information required in the progress report required
11 under subsection (b) consistent with the disclosure purpose
12 of this Section for any grants under the Industrial Training
13 Program that are not given as an incentive to a recipient
14 business organization.
15 Section 25. Recapture.
16 (a) All development assistance agreements shall contain,
17 at a minimum, the following recapture provisions:
18 (1) The recipient must (i) make the level of capital
19 investment in the economic development project specified
20 in the development assistance agreement; (ii) create or
21 retain, or both, the requisite number of jobs, paying not
22 less than specified wages for the created and retained
23 jobs, within and for the duration of the time period
24 specified in the legislation authorizing, or the
25 administrative rules implementing, the development
26 assistance programs and the development assistance
27 agreement.
28 (2) If the recipient fails to create or retain the
29 requisite number of jobs within and for the time period
30 specified, in the legislation authorizing, or the
31 administrative rules implementing, the development
32 assistance programs and the development assistance
33 agreement, the recipient shall be deemed to no longer
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1 qualify for the State economic assistance and the
2 applicable recapture provisions shall take effect.
3 (3) If the recipient receives State economic
4 assistance in the form of a High Impact Business
5 designation pursuant to Section 5.5 of the Illinois
6 Enterprise Zone Act and the business receives the benefit
7 of the exemption authorized under Section 5l of the
8 Retailers' Occupation Tax Act (for the sale of building
9 materials incorporated into a High Impact Business
10 location) and the recipient fails to create or retain the
11 requisite number of jobs, as determined by the
12 legislation authorizing the development assistance
13 programs or the administrative rules implementing such
14 legislation, or both, within the requisite period of
15 time, the recipient shall be required to pay to the State
16 the full amount of the State tax exemption that it
17 received as a result of the High Impact Business
18 designation.
19 (4) If the recipient receives a grant or loan
20 pursuant to the Large Business Development Program, the
21 Business Development Public Infrastructure Program, or
22 the Industrial Training Program and the recipient fails
23 to create or retain the requisite number of jobs for the
24 requisite time period, as provided in the legislation
25 authorizing the development assistance programs or the
26 administrative rules implementing such legislation, or
27 both, or in the development assistance agreement, the
28 recipient shall be required to repay to the State a pro
29 rata amount of the grant; that amount shall reflect the
30 percentage of the deficiency between the requisite number
31 of jobs to be created or retained by the recipient and
32 the actual number of such jobs in existence as of the
33 date the Department determines the recipient is in breach
34 of the job creation or retention covenants contained in
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1 the development assistance agreement. If the recipient of
2 development assistance under the Large Business
3 Development Program, the Business Development Public
4 Infrastructure Program, or the Industrial Training
5 Program ceases operations at the specific project site,
6 during the 5-year period commencing on the date of
7 assistance, the recipient shall be required to repay the
8 entire amount of the grant or to accelerate repayment of
9 the loan back to the State.
10 (5) If the recipient receives a tax credit under the
11 Economic Development for a Growing Economy tax credit
12 program, the development assistance agreement must
13 provide that (i) if the number of new or retained
14 employees falls below the requisite number set forth in
15 the development assistance agreement, the allowance of
16 the credit shall be automatically suspended until the
17 number of new and retained employees equals or exceeds
18 the requisite number in the development assistance
19 agreement; (ii) if the recipient discontinues operations
20 at the specific project site during the first 5 years of
21 the 10-year term of the development assistance agreement,
22 the recipient shall forfeit all credits taken by the
23 recipient during such 5-year period; and (iii) in the
24 event of a revocation or suspension of the credit, the
25 Department shall contact the Director of Revenue to
26 initiate proceedings against the recipient to recover
27 wrongfully exempted Illinois State income taxes and the
28 recipient shall promptly repay to the Department of
29 Revenue any wrongfully exempted Illinois State income
30 taxes. The forfeited amount of credits shall be deemed
31 assessed on the date the Department contacts the
32 Department of Revenue and the recipient shall promptly
33 repay to the Department of Revenue any wrongfully
34 exempted Illinois State income taxes.
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1 (b) The Director may elect to waive enforcement of any
2 contractual provision arising out of the development
3 assistance agreement required by this Act based on a finding
4 that the waiver is necessary to avert an imminent and
5 demonstrable hardship to the recipient that may result in
6 such recipient's insolvency or discharge of workers. If a
7 waiver is granted, the recipient must agree to a contractual
8 modification, including recapture provisions, to the
9 development assistance agreement. The existence of any waiver
10 granted pursuant to this subsection (c), the date of the
11 granting of such waiver, and a brief summary of the reasons
12 supporting the granting of such waiver shall be disclosed
13 consistent with the provisions of Section 25 of this Act.
14 (c) Beginning June 1, 2004, the Department shall
15 annually compile a report on the outcomes and effectiveness
16 of recapture provisions by program, including but not limited
17 to: (i) the total number of companies that receive
18 development assistance as defined in this Act; (ii) the total
19 number of recipients in violation of development agreements
20 with the Department; (iii) the total number of completed
21 recapture efforts; (iv) the total number of recapture efforts
22 initiated; and (v) the number of waivers granted. This report
23 shall be disclosed consistent with the provisions of Section
24 20 of this Act.
25 (d) For the purposes of this Act, recapture provisions do
26 not include the Illinois Department of Transportation
27 Economic Development Program, any grants under the Industrial
28 Training Program that are not given as an incentive to a
29 recipient business organization, or any successor programs as
30 described in the term "development assistance" in Section 5
31 of this Act.
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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