Bill Text: IL HB4152 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Invest in Illinois Act. Provides that certain notices under the Act shall also be sent to the Minority Leader of the Senate and the Minority Leader of the House of Representatives. Provides that the Minority Leader of the Senate and the Minority Leader of the House of Representatives may also object to agreements under the Act. Effective immediately.

Spectrum: Partisan Bill (Republican 11-0)

Status: (Introduced) 2023-10-18 - Referred to Rules Committee [HB4152 Detail]

Download: Illinois-2023-HB4152-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB4152 Introduced , by Rep. Tony M. McCombie SYNOPSIS AS INTRODUCED:
30 ILCS 751/30
30 ILCS 751/32
Amends the Invest in Illinois Act. Provides that certain notices under the Act shall also be sent to the Minority Leader of the Senate and the Minority Leader of the House of Representatives. Provides that the Minority Leader of the Senate and the Minority Leader of the House of Representatives may also object to agreements under the Act. Effective immediately.
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A BILL FOR
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AN ACT concerning State government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Invest in Illinois Act is amended by
changing Sections 30 and 32 as follows:
(30 ILCS 751/30)
Sec. 30. Agreement.
(a) Upon approval of an application under this Act, the
Department shall enter into an agreement with the applicant
that shall include, at a minimum, the following:
(1) a detailed description of the project that is the
subject of the agreement, as well as the performance
conditions, including the required amount of capital
investment and the number of jobs required to be created
or retained;
(2) the performance conditions that must be met to
obtain the award, including, but not limited to, the
number of new jobs created, the average salary, and the
total capital investment;
(3) the schedule of payments;
(4) a requirement that the applicant maintain
operations at the project location for a minimum number of
years;

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(5) a specific method for determining the number of
new employees and, if applicable, the number of retained
employees, to be employed during each taxable year covered
by the agreement;
(6) a requirement that the taxpayer annually report to
the Department the number of new employees and any other
information the Department deems necessary and appropriate
to perform its duties under this Act;
(7) a detailed description of the number of new
employees to be hired and the occupation and payroll of
full-time jobs to be created or retained because of the
project;
(8) the minimum capital investment the taxpayer will
make, the time period for placing the property in service,
and the designated location in Illinois for the capital
investment;
(9) a requirement that the taxpayer provide written
notice to the Director and the Director's designee not
more than 30 days after the taxpayer determines that the
minimum job creation, job retention, employment payroll,
or capital investment is no longer or will no longer be
achieved or maintained as required in the agreement and
include in that notice the number of layoffs, the date of
the layoffs, and the taxpayer's efforts to provide career
and training counseling to the impacted workers with
industry-related certifications and trainings;

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(10) a claw-back provision to recapture incentive
amounts for failure to meet the provisions contained in
the agreement; and
(11) a provision that the agreement shall not take
effect, nor may any funds be expended or transferred under
the agreement, if the Department fails to comply with the
notification requirements under Section 32 or if the
Speaker of the House of Representatives, or the Senate
President, the Minority Leader of the Senate, or the
Minority Leader of the House of Representatives (or their
designees, if applicable) submit a letter of rejection
under Section 32.
(b) Subject to the provisions of Section 32, the
Department may issue the incentive to the applicant within the
time period the Department deems appropriate in order to
ensure that the applicant achieves the performance conditions
set forth in the agreement.
(Source: P.A. 102-1125, eff. 2-3-23.)
(30 ILCS 751/32)
Sec. 32. General Assembly notification. The Department
shall notify the President of the Senate, or his or her
designee, and the Speaker of the House of Representatives, or
his or her designee, the Minority Leader of the Senate, or his
or her designee, and the Minority Leader of the House of
Representatives, or his or her designee, when awards for the

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purposes of this Act are nearing final negotiation with an
applicant. The notification shall include the prospective
amount of the award and other relevant information related to
the application. The President of the Senate, and the Speaker
of the House, the Minority Leader of the Senate, and the
Minority of Leader of the House, or their designees, if
applicable, shall certify that they have been notified of the
planned awards and that they do not object. If there is no
objection certified from the President of the Senate, and the
Speaker of the House, the Minority Leader of the Senate, or the
Minority Leader of the House, the Department may enter into an
agreement under this Act for the award amount contained in the
notification. If the Department enters into an agreement under
this Act for an award in an amount that is different than the
amount contained in the notification, it shall deliver a copy
of the agreement to both the Speaker of the House of
Representatives, or his or her designee, and the Senate
President, or his or her designee, the Minority Leader of the
Senate, or his or her designee, and the Minority Leader of the
House of Representatives, or his or her designee, within 2
days after the agreement is executed. Notwithstanding any
other provision of this Act, an agreement entered into under
this Act shall not take effect, nor may any funds be expended
or transferred under that agreement, if the Speaker of the
House of Representatives, and the Senate President, the
Minority Leader of the Senate, or the Minority Leader of the

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House of Representatives, or their designees, if applicable,
submit a letter to the Department noting an objection to the
agreement in writing within 2 days after the notification is
delivered to the Speaker of the House of Representatives, and
the Senate President, the Minority Leader of the Senate, and
the Minority Leader of the House of Representatives, or their
designees, if applicable.
(Source: P.A. 102-1125, eff. 2-3-23.)