Bill Text: IL HB3824 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Film Production Services Tax Credit Act of 2008. Provides that, for accredited productions certified or renewed on or after the effective date of the amendatory Act, the applicant shall verify that no person hired on the applicant's production has, prior to the date of the application or renewal: (i) been convicted of or pled guilty to a hate crime; (ii) been convicted of or pled guilty to disorderly conduct for falsifying a police report of a hate crime; or (iii) participated in a deferred prosecution program for disorderly conduct or for falsifying a police report of a hate crime. Makes conforming changes prohibiting the Department of Commerce and Economic Opportunity from issuing a tax credit certificate to a production that fails to verify that information. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced - Dead) 2019-04-02 - Added Co-Sponsor Rep. Amy Grant [HB3824 Detail]

Download: Illinois-2019-HB3824-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3824 Introduced , by Rep. Michael P. McAuliffe SYNOPSIS AS INTRODUCED:
35 ILCS 16/30
35 ILCS 16/35
Amends the Film Production Services Tax Credit Act of 2008. Provides that, for accredited productions certified or renewed on or after the effective date of the amendatory Act, the applicant shall verify that no person hired on the applicant's production has, prior to the date of the application or renewal: (i) been convicted of or pled guilty to a hate crime; (ii) been convicted of or pled guilty to disorderly conduct for falsifying a police report of a hate crime; or (iii) participated in a deferred prosecution program for disorderly conduct or for falsifying a police report of a hate crime. Makes conforming changes prohibiting the Department of Commerce and Economic Opportunity from issuing a tax credit certificate to a production that fails to verify that information. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. This Act may be cited as the Just Usage of State
Subsidies In Entertainment Act.
Section 5. The Film Production Services Tax Credit Act of
2008 is amended by changing Sections 30 and 35 as follows:
(35 ILCS 16/30)
Sec. 30. Review of application for accredited production
certificate.
(a) In determining whether to issue an accredited
production certificate, the Department must determine that a
preponderance of the following conditions exist:
(1) The applicant's production intends to make the
expenditure in the State required for certification.
(2) The applicant's production is economically sound
and will benefit the people of the State of Illinois by
increasing opportunities for employment and strengthen the
economy of Illinois.
(3) The applicant has filed a diversity plan with the
Department outlining specific goals (i) for hiring
minority persons and women, as defined in the Business

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Enterprise for Minorities, Women, and Persons with
Disabilities Act, and (ii) for using vendors receiving
certification under the Business Enterprise for
Minorities, Women, and Persons with Disabilities Act; the
Department has approved the plan as meeting the
requirements established by the Department; and the
Department has verified that the applicant has met or made
good-faith efforts in achieving those goals. The
Department must adopt any rules that are necessary to
ensure compliance with the provisions of this item (3) and
that are necessary to require that the applicant's plan
reflects the diversity of this State.
(4) The applicant's production application indicates
whether the applicant intends to participate in training,
education, and recruitment programs that are organized in
cooperation with Illinois colleges and universities, labor
organizations, and the motion picture industry and are
designed to promote and encourage the training and hiring
of Illinois residents who represent the diversity of the
Illinois population.
(5) That, if not for the credit, the applicant's
production would not occur in Illinois, which may be
demonstrated by any means including, but not limited to,
evidence that the applicant has multi-state or
international location options and could reasonably and
efficiently locate outside of the State, or demonstration

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that at least one other state or nation is being considered
for the production, or evidence that the receipt of the
credit is a major factor in the applicant's decision and
that without the credit the applicant likely would not
create or retain jobs in Illinois, or demonstration that
receiving the credit is essential to the applicant's
decision to create or retain new jobs in the State.
(6) Awarding the credit will result in an overall
positive impact to the State, as determined by the
Department using the best available data.
(a-5) For accredited productions certified or renewed on or
after the effective date of this amendatory Act of the 101st
General Assembly, the applicant shall verify that no person
hired on the applicant's production has, prior to the date of
the application or renewal: (i) been convicted of or pled
guilty to a hate crime under Illinois law or a substantially
similar law of another jurisdiction; (ii) been convicted of or
pled guilty to disorderly conduct for falsifying a police
report of a hate crime under Illinois law or a substantially
similar law of another jurisdiction; or (iii) participated in a
deferred prosecution program for disorderly conduct or for
falsifying a police report of a hate crime under Illinois law
or a substantially similar law of another jurisdiction.
(b) If any of the provisions in this Section conflict with
any existing collective bargaining agreements, the terms and
conditions of those collective bargaining agreements shall

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control.
(Source: P.A. 100-391, eff. 8-25-17.)
(35 ILCS 16/35)
Sec. 35. Issuance of Tax Credit Certificate.
(a) In order to qualify for a tax credit under this Act, an
applicant must file an application, on forms prescribed by the
Department, providing information necessary to calculate the
tax credit, and any additional information as required by the
Department.
(b) Upon satisfactory review of the application, the
Department shall issue a Tax Credit Certificate stating the
amount of the tax credit to which the applicant is entitled.
(c) For accredited productions certified or renewed on or
after the effective date of this amendatory Act of the 101st
General Assembly, the Department shall not issue a tax credit
certificate to a production that fails to verify the
information required under subsection (a-5) of Section 30 of
this Act.
(Source: P.A. 95-720, eff. 5-27-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.