Bill Text: IL HB3491 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that each corporation receiving incentives from the Department of Commerce and Economic Opportunity shall file a disclosure report with the Department of Commerce and Economic Opportunity no later than February 1 of each year. Sets forth penalties for failure to submit the report. Provides that the Department of Commerce and Economic Opportunity shall publish prominently on its website a compilation of the reports both in a searchable database and as a spreadsheet that can be downloaded in its entirety. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB3491 Detail]

Download: Illinois-2019-HB3491-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB3491 Introduced , by Rep. Aaron M. Ortiz SYNOPSIS AS INTRODUCED:
20 ILCS 605/605-1025 new
Amends the Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois. Provides that each corporation receiving incentives from the Department of Commerce and Economic Opportunity shall file a disclosure report with the Department of Commerce and Economic Opportunity no later than February 1 of each year. Sets forth penalties for failure to submit the report. Provides that the Department of Commerce and Economic Opportunity shall publish prominently on its website a compilation of the reports both in a searchable database and as a spreadsheet that can be downloaded in its entirety. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
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 Department of Commerce and Economic
Opportunity Law of the Civil Administrative Code of Illinois is
amended by adding Section 605-1025 as follows:
(20 ILCS 605/605-1025 new)
Sec. 605-1025. Annual corporate reports.
(a) Beginning on February 1, 2020, each corporation
receiving incentives from the Department shall file a
disclosure report with the Department no later than February 1
of each year. The shall be filed in the form and manner
required by the Department and include the following
information:
(1) the name, street, and mailing addresses, phone
number, and chief operating officer of the recipient
corporation, along with its NAICS industry code and its
DUNS number, if available;
(2) the project street address where the subsidized
activity takes place if that address is different from the
address in paragraph (1);
(3) a summary of the number of jobs required by the
terms of the subsidy deal and the actual jobs created or

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lost as of December 31 of the previous year; the summary
shall be broken down by full-time, part-time, and temporary
positions, and by wage groups;
(4) whether health insurance coverage is provided to
the employees at the project site, and, if so, the share of
the policy premiums paid by the company;
(5) the total employment in the State of the
recipient's corporate parent on the 2 previous dates of
December 31, broken down by full-time, part-time and
temporary positions;
(6) a summary of the capital investment required by the
terms of the subsidy deal and the actual capital investment
made as of December 31 of the previous year;
(7) a statement as to whether the subsidized project
has, during the previous calendar year, resulted in reduced
employment at any other site controlled by the recipient
corporation or its corporate parent, inside or outside the
State, as a result of automation, merger, acquisition,
corporate restructuring, relocation, or other business
activity;
(8) a statement summarizing any instance, during the
previous calendar year, in which the recipient company, or
a parent or subsidiary entity, was determined by a
government agency to have violated any federal, State or
local law or regulation relating to environmental
protection, taxation, labor standards, or employment

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discrimination; or was notified that an investigation of a
possible violation had been initiated; and
(9) a signed certification by the chief officer of the
recipient corporation as to the accuracy of the progress
report.
Recipient companies shall file such annual performance
reports for the duration of the subsidy, or not less than every
5 years, whichever period is greater.
(b) The Department shall have access at all reasonable
times to the project site and the records of the recipient
corporation in order to monitor the project and verify the
reports in subsection (a). A recipient corporation that fails
to provide the Department with a completed report on time shall
be subject to a fine of not less than $500 per day to commence
10 working days after the February 1 deadline and not less than
$1,000 per day to commence 20 days after the deadline. A
recipient corporation that fails to provide the Department
access to the project site at a reasonable time shall be
subject to a fine of $1,000 per day starting with the day
access is first not provided.
(c) The Department shall publish prominently on its website
a compilation of the reports submitted under subsection (a) no
later than April 1 of each year. The report shall contain all
of the data from the reports both in a searchable database and
as a spreadsheet that can be downloaded in its entirety. When a
new report is posted, earlier versions of the data shall remain

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available on the website. The report shall also contain the
Department's determination of whether the company has yet met
its obligations for job creation, wages, and benefits as
required by the subsidy. If the Department has previously
determined that a company has achieved its obligations, the
report shall contain the Department's determination of whether
the company has maintained its achieved obligations. Along with
the report, the Department should also post PDF copies of key
documents relating to the subsidy award. If the Department
determines that the company has failed to achieve its
obligations for job creation, wages, and benefits, as required
by the subsidy, in the required period of time, or if the
Department determines that the company has failed to maintain
its achieved obligations, the report shall also state what
penalty or penalties the Department has imposed upon the
company. The report shall also include the Department's
verification that the company's corporate parent has
maintained at least 90% of its employment in the State since
December 31 of the year the subsidy was granted. If the
Department determines that the company's corporate parent has
failed to maintain such a level of employment, the report shall
include whatever penalty or penalties the agency has imposed
upon the company.
Section 99. Effective date. This Act takes effect upon
becoming law.