Illinois Compiled Statutes
Chapter 20 - EXECUTIVE BRANCH
20 ILCS 715/ - Corporate Accountability for Tax Expenditures Act.

(20 ILCS 715/1)
Sec. 1.
Short title.
This Act may be cited as the Corporate
Accountability for Tax Expenditures Act.

(Source: P.A. 93-552, eff. 8-20-03.)
 
(20 ILCS 715/5)
Sec. 5. Definitions. As used in this Act:
"Base years" means the first 2 complete calendar years following the
effective date of a
recipient receiving development assistance.
"Date of assistance" means the commencement date of the assistance
agreement, which
date triggers the period during which the recipient is obligated to create or
retain jobs and
continue operations at the specific project site.
"Default" means that a recipient has not achieved its job creation, job
retention, or wage
or benefit goals, as applicable, during the prescribed period therefor.
"Department" means, unless otherwise noted, the Department of Commerce
and
Economic Opportunity or any successor agency.
"Development assistance" means (1) tax credits and tax exemptions (other
than given
under tax increment financing) given as an incentive to a recipient business
organization
pursuant to an initial certification or an initial designation made by the
Department under the
Economic
Development for a Growing Economy Tax Credit Act, River Edge Redevelopment Zone Act, and the Illinois Enterprise
Zone Act,
including the High Impact Business program, (2) grants or loans given to a
recipient as an
incentive to a business organization pursuant to the River Edge Redevelopment Zone Act, Large Business Development
Program, the
Business Development Public Infrastructure Program, or the Industrial Training
Program, (3) the
State Treasurer's Economic Program Loans, (4) the Illinois Department of
Transportation
Economic Development Program, and (5) all successor and subsequent programs and
tax credits
designed to promote large business relocations and expansions. "Development
assistance" does
not include tax increment financing, assistance provided under the Illinois
Enterprise Zone Act and River Edge Redevelopment Zone Act
pursuant to local ordinance, participation loans, or
financial
transactions through
statutorily authorized financial intermediaries in support of small business
loans and investments
or given in connection with the development of affordable housing. "Development assistance" includes assistance under the Illinois Emergency Employment Program pursuant to the Illinois Emergency Development Act.
"Development assistance agreement" means any agreement executed by the
State
granting body and the recipient setting forth the terms and conditions of
development
assistance to be provided to the recipient consistent with the final
application for
development assistance, including but not limited to the date of assistance,
submitted to
and approved by the State granting body.
"Full-time, permanent job" means either: (1) the definition therefor in
the legislation
authorizing the programs described in the definition of development assistance
in the Act or (2)
if there is no such definition, then as defined in administrative rules
implementing such
legislation, provided the administrative rules were in place prior to the
effective date of this Act.
On and after the effective date of this Act, if there is no definition of
"full-time,
permanent job" in either
the legislation authorizing a program that constitutes economic development
assistance under
this Act or in any administrative rule implementing such legislation that was
in
place prior to the
effective date of this Act, then "full-time, permanent job" means a job in
which
the new
employee works for the recipient at a rate of at least 35 hours per week.
"New employee" means either: (1) the definition therefor in the
legislation authorizing
the programs described in the definition of development assistance in the Act
or (2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "new employee" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act nor in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "new employee" means a full-time, permanent employee who
represents a net
increase in the number of the recipient's employees statewide. "New employee"
includes an
employee who previously filled a new employee position with the recipient who
was rehired or
called back from a layoff that occurs during or following the base years.
The term "New Employee" does not include any of the following:
"Part-time job" means either: (1) the definition therefor in the
legislation authorizing the
programs described in the definition of development assistance in the Act or
(2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "part-time job" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act or in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "part-time job" means a job in which the new employee works for
the recipient at a
rate of less than 35 hours per week.
"Recipient" means any business that receives economic development
assistance. A
business is any corporation, limited liability company, partnership, joint
venture, association,
sole proprietorship, or other legally recognized entity.
"Retained employee" means either: (1) the definition therefor in the
legislation
authorizing the programs described in the definition of development assistance
in the Act or (2)
if there is no such definition, then as defined in administrative rules
implementing such
legislation, provided the administrative rules were in place prior to the
effective date of this Act.
On and after the effective date of this Act, if there is no definition of
"retained
employee" in either the
legislation authorizing a program that constitutes economic development
assistance under this
Act or in any administrative rule implementing such legislation that was in
place prior to the
effective date of this Act, then "retained employee" means any employee defined
as having a
full-time or full-time equivalent job preserved at a specific facility or site,
the continuance of
which is threatened by a specific and demonstrable threat, which shall be
specified in the
application for development assistance.
"Specific project site" means that distinct operational unit to which
any development
assistance is applied.
"State granting body" means the Department, any State department or State
agency
that provides
development assistance that has reporting requirements under this Act, and any
successor
agencies to any of the preceding.
"Temporary job" means either: (1) the definition therefor in the
legislation authorizing
the programs described in the definition of development assistance in the Act
or (2) if there is no
such definition, then as defined in administrative rules implementing such
legislation, provided
the administrative rules were in place prior to the effective date of this Act.
On and after the effective
date of this Act, if there is no definition of "temporary job" in either the
legislation authorizing a
program that constitutes economic development assistance under this Act or in
any
administrative rule implementing such legislation that was in place prior to
the
effective date of
this Act, then "temporary job" means a job in which the new employee is hired
for a specific
duration of time or season.
"Value of assistance" means the face value of any form of development
assistance.

(Source: P.A. 97-581, eff. 8-26-11.)
 
(20 ILCS 715/10)
Sec. 10. Unified Economic Development Budget.
(a) For each State fiscal year ending on or after June 30, 2005, the
Department of Revenue shall
submit an annual Unified Economic Development Budget to the General Assembly.
The
Unified Economic Development Budget shall be due within 3 months after the end
of the fiscal
year, and shall present all types of development assistance granted,
including:
(b) All data contained in the Unified Economic Development Budget presented
to the
General Assembly shall be fully subject to the Freedom of Information Act.
(c) The Department of Revenue shall submit a report of the amounts in
subdivision (a)(1)
of this Section to the Department, which may append such report to the Unified
Economic
Development Budget rather than separately reporting such amounts.

(Source: P.A. 100-721, eff. 8-3-18.)
 
(20 ILCS 715/15)
Sec. 15.

Standardized applications for State development
assistance.
(a) All final applications submitted to the Department or any other State
granting body requesting development assistance shall contain, at a minimum:
(b) Every State granting body either shall complete, or shall require
the applicant to
complete, an application form that meets the minimum requirements as prescribed
in this Section
each time an applicant applies for development assistance covered by this Act.
(c) The Department shall have the discretion to modify any standardized
application for State development assistance required under subsection (a) for
any grants
under the Industrial Training Program that are not given as an incentive to a
recipient
business organization.

(Source: P.A. 93-552, eff. 8-20-03.)
 
(20 ILCS 715/20)
Sec. 20. State development assistance disclosure.
(a) Beginning February 1, 2005 and each year thereafter, every State
granting body shall submit to the Department copies of all development
assistance agreements that it approved in the prior calendar year.
(b) For each development assistance agreement for which the date of
assistance has occurred in the prior calendar year, each recipient shall
submit to the Department a progress report. A recipient of multiple development assistance agreements in the same award year and for a single project site may file a consolidated progress report if the applicant's base number of employees and number of jobs to be created and retained as stated in the multiple development assistance agreements or applications are the same. A progress report shall include, but not be
limited to, the following:
(c) The State granting body, or a successor agency,
shall have full
authority to verify information contained in the recipient's progress report,
including the authority to
inspect the specific project site and
inspect the records of the recipient that are subject to the development
assistance agreement.
(d) By June 1, 2005 and by June 1 of each year thereafter, the
Department shall compile
and publish all data in all of the progress reports in
both written and electronic form.
(e) If a recipient of development assistance fails to comply with
subsection (b) of this Section, the Department shall, within 20 working days
after the
reporting submittal
deadlines set forth in (i) the legislation authorizing, (ii) the
administrative rules implementing, or
(iii) specific provisions in development assistance agreements pertaining to
the development assistance programs, suspend within 33 working days any current
development
assistance to the
recipient under its control, and shall be prohibited from completing any
current or providing any
future development assistance until it receives proof that the recipient has
come into compliance
with the requirements of subsection (b) of this Section.
(f) The Department shall have the discretion to modify the information
required
in the progress report required under subsection (b) consistent with the
disclosure purpose
of this Section for any grants under the Industrial Training Program that are
not given as
an incentive to a recipient business organization.

(Source: P.A. 96-1429, eff. 1-1-11.)
 
(20 ILCS 715/25)
Sec. 25. Recapture.
(a) All development assistance agreements
shall contain, at a
minimum, the following recapture provisions:
(b) The Director may elect to waive enforcement of any contractual provision
arising out of
the development assistance agreement required by this Act based on a finding
that the waiver is
necessary to avert an imminent and demonstrable hardship to the
recipient that may
result in such recipient's insolvency or discharge of workers.
If a waiver is
granted, the recipient must agree to a contractual modification, including
recapture provisions,
to the
development assistance
agreement.
The existence of
any waiver
granted pursuant to this subsection (b), the date of the granting of such
waiver, and a brief
summary of the reasons supporting the granting of such waiver shall be
disclosed
consistent with
the provisions of Section 25 of this Act.
(b-5) The Department shall post, on its website, (i) the identity of each recipient from whom amounts were recaptured under this Section on or after the effective date of this amendatory Act of the 97th General Assembly, (ii) the date of the recapture, (iii) a summary of the reasons supporting the recapture, and (iv) the amount recaptured from those recipients.
(c) Beginning June 1, 2004, the Department shall annually compile a report
on the
outcomes and effectiveness of recapture provisions by program, including but
not limited
to: (i) the total number of companies that receive development assistance as
defined in
this Act; (ii) the total number of recipients in violation of development
agreements with
the Department; (iii) the total number of completed recapture efforts; (iv) the
total
number of recapture efforts initiated; and (v) the number of waivers granted.
This report
shall be disclosed consistent with the provisions of Section 20 of this Act.
(d) For the purposes of this Act, recapture provisions do not include the
Illinois
Department of Transportation Economic Development Program, any grants under the
Industrial Training Program that are not given as an incentive to a
recipient business organization,
or any successor programs as described in the term "development assistance" in
Section 5
of this Act.

(Source: P.A. 97-2, eff. 5-6-11; 97-721, eff. 6-29-12; 98-109, eff. 7-25-13; 98-463, eff. 8-16-13.)
 
(20 ILCS 715/99)
Sec. 99.
Effective date.
This Act takes effect upon becoming law.

(Source: P.A. 93-552, eff. 8-20-03.)

Structure Illinois Compiled Statutes