Bill Text: IL HB3538 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Creates the Keep Illinois Business Act. Provides that any recipient business that chooses to move all or part of its business operations and the jobs created by its business out-of-State shall be deemed to no longer qualify for State economic development assistance, and shall be required to pay to the relevant State granting agency the full amount of any economic development assistance it received. Provides for procedures for the recovery of economic development assistance, including required notice to the recipient business and an opportunity for a hearing. Defines terms.

Spectrum: Partisan Bill (Democrat 31-0)

Status: (Engrossed) 2017-04-24 - Added Co-Sponsor Rep. Carol Sente [HB3538 Detail]

Download: Illinois-2017-HB3538-Engrossed.html



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1 AN ACT concerning State government.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Keep
5Illinois Business Act.
6 Section 5. Purpose. The purpose of this Act is to encourage
7businesses with primary business operations in the State of
8Illinois to remain in this State by removing and recouping any
9economic development assistance or benefit provided to those
10businesses by the State should those businesses decide to
11relocate jobs out-of-State.
12 Section 10. Definitions. As used in this Act:
13 "Economic development assistance" means (1) tax credits
14and tax exemptions given as an incentive to a recipient
15business organization under an initial certification or an
16initial designation made by the Department of Commerce and
17Economic Opportunity under the Economic Development for a
18Growing Economy Tax Credit Act, River Edge Redevelopment Zone
19Act, and the Illinois Enterprise Zone Act, including the High
20Impact Business program; (2) grants or loans given to a
21recipient as an incentive to a business organization under the
22River Edge Redevelopment Zone Act, Large Business Development

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1Program, the Business Development Public Infrastructure
2Program, or the Industrial Training Program; (3) the State
3Treasurer's Economic Program Loans; (4) the Illinois
4Department of Transportation Economic Development Program; (5)
5all successor and subsequent programs and tax credits designed
6to promote business relocations and expansions; (6) any
7assistance provided by the Illinois Emergency Employment
8Program under the Illinois Emergency Development Act; and (7)
9any other economic incentive, benefit, assistance, credit,
10loan, or grant provided by a State granting agency to a
11recipient business with primary business operations in this
12State.
13 "Recipient business" means any corporation, limited
14liability company, partnership, joint venture, association,
15sole proprietorship, or other legally recognized entity with
16primary business operations in this State that receives
17economic development assistance.
18 "State agency" has the meaning provided in Section 1-7 of
19the Illinois State Auditing Act.
20 "State granting agency" means any State department or State
21agency that provides economic development assistance to a
22recipient business.
23 Section 15. Recovery of economic development assistance.
24 (a) Subject to the procedures outlined in this Section, any
25recipient business that chooses to move all or part of its

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1business operations and the jobs created by its business
2out-of-State shall be deemed to no longer qualify for State
3economic development assistance, and shall be required to pay
4to the relevant State granting agency the full amount of any
5economic development assistance it received.
6 (b) Whenever a State granting agency believes that the
7economic development assistance it provided to a recipient
8business is subject to recovery, the State granting agency
9shall provide the recipient business the opportunity for at
10least one informal hearing to determine the facts and issues,
11and to resolve any conflicts as amicably as possible before
12taking any formal recovery actions.
13 (c) If a State granting agency determines that economic
14development assistance is to be recovered, then, prior to
15taking any action to recover, the State granting agency shall
16provide the recipient business with a written notice of the
17intended recovery. This notice shall identify the funds and the
18amount to be recovered and the specific facts which permit
19recovery.
20 (d) A recipient business shall have 35 days from the
21receipt of the notice required in subsection (c) of this
22Section to request a hearing to show why recovery is not
23justified or proper. If a recipient business requests a hearing
24under this subsection (d), then:
25 (1) the State granting agency shall hold a hearing
26 before the Director of that agency, or his or her designee,

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1 at which a representative of the recipient business may
2 present an argument for why recovery should not be
3 permitted; and
4 (2) after the conclusion of the hearing, the Director
5 of the State granting agency, or his or her designee, shall
6 issue a written final recovery order and send a copy of the
7 order to the recipient business.
8 (e) A recipient business may seek judicial review of any
9final recovery order under the provisions of the Administrative
10Review Law.
11 (f) If a recipient business requests a hearing under
12subsection (d) of this Section, then the State granting agency
13may not take any action of recovery until at least 35 days
14after the State granting agency has issued a final recovery
15order under the requirements of subsection (d) of this Section.
16If a recipient business does not request a hearing as permitted
17in subsection (d) of this Section, then the State granting
18agency may proceed with recovery of the economic development
19assistance amount specified in the notice issued under the
20requirements of subsection (c) of this Section, at any time
21after the expiration of the 35-day request period established
22in subsection (d) of this Section.
23 (g) Any notice or mailing required or permitted by this
24Section shall be deemed received 5 days after the notice or
25mailing is deposited in the United States mail, properly
26addressed with the current business address of the recipient

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1business and with sufficient U.S. postage affixed.
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