30 ILCS 751/ Invest in Illinois Act.

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30 ILCS 751/1

(30 ILCS 751/1)

Sec. 1. Short title. This Act may be cited as the Invest in Illinois Act.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/5

(30 ILCS 751/5)

Sec. 5. Purpose.

The General Assembly finds that the State must encourage and promote the retention and expansion of existing businesses and industry within the State and recruit and attract new businesses and industry to the State by providing businesses with ready access to the capital and incentives needed to stimulate economic activity and create new jobs.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/10

(30 ILCS 751/10)

    Sec. 10. Definitions. As used in this Act:
    "Agreement" means an agreement between an applicant and the Department under Section 30 of this Act.
    "Applicant" means a taxpayer that operates or plans to operate an eligible business in the State.
    "Business" means a sole proprietorship, partnership, corporation, or limited liability company.

"Capital improvement" means (i) the purchase, renovation, rehabilitation, or construction, at an approved project site in the State, of land, buildings, structures, equipment, or furnishings and (ii) goods or services that are normally capitalized, including organizational costs and research and development costs incurred in Illinois. "Capital improvement" does not include land, buildings, structures, and equipment that are leased, unless the term of the lease equals or exceeds the term of the agreement. For land, buildings, structures, and equipment that are leased and are considered capital improvements, the cost of the property shall be determined from the present value of the lease payments, using the corporate interest rate prevailing at the time of the application.

    "Capital investment" means the expenditure of money for capital improvements.
    "Department" means the Department of Commerce and Economic Opportunity.
    "Director" means the Director of Commerce and Economic Opportunity.

"Eligible business" means a business that is engaged in manufacturing, processing, assembling, warehousing, or distributing products, conducting research and development, providing tourism services, or providing commercial services in office industries or agricultural processing. "Eligible business" does not include a retailer or a provider of health services or professional services.

"Full-time employee" means an individual who is employed for consideration for at least 35 hours each week or who renders any other standard of service generally accepted by industry custom or practice as full-time employment. Annually scheduled periods for inventory or repairs, vacations, holidays, and paid time for sick leave, vacation, or other leave shall be included in this computation of full-time employment. An individual for whom a W-2 is issued by a Professional Employer Organization is a full-time employee if employed in the service of the applicant for consideration for at least 35 hours each week.

"Project" means for-profit economic development activity or activities at a single site. For-profit economic development activity or activities of one or more taxpayers at multiple sites may be considered a project if the economic activities are vertically integrated and designated by the Department as a project and as the subject of an agreement that includes capital improvement requirements and job creation requirements and, if applicable, job retention requirements for the project location or locations. The employees subject to the agreement must be assigned to a specific project location and work there as their primary location.

"Qualified investment" means investment in this State related to a project subject to an agreement under this Act.

"Taxpayer" means a business that is subject to any tax or fee collected by the Department of Revenue or that will be subject to any tax or fee collected by the Department of Revenue upon the location of the business in the State.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/15

(30 ILCS 751/15)

Sec. 15. Eligibility.

(a) The Department may make non-competitive economic incentive awards, including, but not limited to, grants and loans, to assist applicants that pledge to make capital investments and create new jobs in this State or retain jobs in this State.

(b) To qualify for economic incentives under this Act, an
applicant must:

(1) be in good standing under the laws of this State

and the laws of all other states where the applicant was formed or is organized; and

(2) owe no delinquent taxes to the State.

(c) The Department may not award economic incentives to an
applicant that (i) closes operations at one location in the
State or reduces those operations by more than 50% and (ii)
relocates substantially the same operations to another
location in the State. This prohibition does not apply if (i)
the applicant moves its operations from one location in the
State to another location in the State for the purpose of
expanding its operations in the State and (ii) the Department
determines that expansion could not reasonably be accommodated
within the municipality or county where the business was
located prior to the relocation. In making its determination,
the Department shall confer with the chief executive officer
of the municipality or county where the business was located
prior to the relocation and take into consideration any
evidence offered by the municipality or county regarding its
ability to accommodate expansion within the municipality or
county.

(d) Notwithstanding subsection (c), the Department shall not award economic incentives to a professional sports organization that moves its operations from one location in the State to another location in the State.

(e) Nothing in this Act will diminish or remove diversity, equity, inclusion, or jobs goals and commitments in other State Programs related to any development project supported by this Act.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/20

(30 ILCS 751/20)

Sec. 20. Application.

An applicant seeking an economic incentive under this Act shall submit a detailed application to the Department. The application must, at a minimum, contain the following information:

(1) the location of the project;
(2) the amount of the capital investment the

applicant will make in the project;

(3) the number of new jobs that will be created as a

result of the project;

(4) the number of jobs retained by an existing

applicant; and

(5) the average salary of the jobs to be created or

retained.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/25

(30 ILCS 751/25)

Sec. 25. Review of application.

The Department shall determine which projects will benefit the State and are eligible to receive an economic incentive under this Act. In making this determination, the Department may consider:

(1) the number of jobs to be created by the applicant;
(2) the number of jobs to be retained by the

applicant;

(3) the average salary of jobs created by the

applicant;

(4) the average salary of jobs retained by the

applicant;

(5) the total capital investment to be made by the

applicant;

(6) the likelihood of other businesses locating

within the same vicinity or within the State as a result of the business activity to be conducted by the applicant receiving the economic incentive;

(7) the impact on the economy of the area or

community where the project is located; and

(8) any other factors the Department determines to be

relevant to accomplish the purposes of this Act.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/30

(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;

(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;

(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 (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

(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, when awards for the 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, 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 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, 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, 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, or their designees, if applicable.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/35

(30 ILCS 751/35)

Sec. 35. Penalties.

(a) If the applicant fails to comply with the performance conditions set forth in an agreement entered into under this Act, then the applicant may be required to repay some or all of the grant, loan, or other economic incentive awarded to the applicant, along with any applicable interest to the State at the agreed upon rate and on the agreed terms set forth in the agreement.

(b) The Department may also assess specified penalties for noncompliance against the applicant. Those penalties shall be contained in the Agreement.

(c) If the applicant fails to comply with the terms of an agreement, then the State may:
(1) obtain a lien or other interest in the capital

improvements in proportion to the percentage of the incentive amount used to pay for those capital improvements; and

(2) require the recipient of the incentive, if the

capital improvements are sold, to:

(A) repay to the State the funds used to pay for

the capital improvement, with interest at the rate and according to the other terms provided by the agreement; and

(B) share with the State a proportionate amount

of any profit realized from the sale.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/40

(30 ILCS 751/40)

Sec. 40. Powers of the Department.

The Department, in addition to those powers granted under the Civil Administrative Code of Illinois, is granted and shall have all the powers necessary or convenient to administer the program established under this Act and to carry out and effectuate the purposes and provisions of this Act, including, but not limited to, the power and authority to:

(1) adopt emergency and permanent rules deemed

necessary and appropriate for the administration of this Act;

(2) establish forms for applications, notifications,

contracts, or any other agreements and accept applications at any time during the year;

(3) assist applicants pursuant to the provisions of

this Act and cooperate with taxpayers that are parties to agreements under this Act to promote, foster, and support economic development, capital investment, and job creation and retention within the State;

(4) establish, negotiate, and effectuate agreements

and other documents and terms with any person as necessary or appropriate to accomplish the purposes of this Act and to consent, subject to the provisions of an agreement with another party, to the modification or restructuring of any agreement to which the Department is a party;

(5) provide for sufficient personnel to permit

administration, staffing, operation, and related support required to adequately discharge its duties and responsibilities described in this Act from funds made available through charges to applicants or from funds as may be appropriated by the General Assembly for the administration of this Act;

(6) take whatever actions are necessary or

appropriate to protect the State's interest in the event of bankruptcy, default, foreclosure, or noncompliance with the terms and conditions of financial assistance or participation required under this Act, including the power to sell, dispose, lease, or rent, upon terms and conditions determined by the Director to be appropriate, real or personal property that the Department may receive as a result of these actions.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/45

(30 ILCS 751/45)

Sec. 45. Annual report.

On or before July 1 of each year, the Department shall submit to the General Assembly and the Governor a report on the program established under this Act. The report shall include information on the number of agreements that were entered into under this Act during the preceding calendar year, a description of the project that is the subject of each agreement, an update on the status of projects under agreements entered into before the preceding calendar year, and the amount of funds awarded under this Act.

The report must include, for each agreement:
(1) the number of new jobs to be created and, if

applicable, the number of retained jobs;

(2) any relevant modifications to existing agreements;
(3) a statement of the progress made by each

applicant in meeting the terms of the original agreement;

(4) a statement of wages paid to full-time employees

and, if applicable, retained employees in the State; and

(5) a copy of the original agreement or a link to the

agreement on the Department's website.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/50

(30 ILCS 751/50)

Sec. 50. Statutory exemptions.

Awards of economic incentives made pursuant to this Act are exempt from
the
Corporate Accountability for Tax Expenditures Act,
the Illinois Works Jobs Program Act, and Section 45 of the State Finance Act, and any rules adopted under those authorities. In addition, non-competitive awards of economic incentives made pursuant to this Act are exempt from the public notice of funding opportunity (NOFO), merit review, audit, and grant payment method provisions of the Grant Accountability and Transparency Act (GATA) and the corresponding GATA rules associated with NOFOs, merit reviews, audits, and grant payment methods.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/55

(30 ILCS 751/55)

Sec. 55. Vendor diversity report.

Each applicant shall, no later than April 15 of each taxable year for which an agreement under this Act between the applicant and the Department is in effect, report on the diversity of the vendors used by the applicant. The report shall be published on the Department's website and shall include the following information:

(1) a point of contact for potential vendors to

register with the applicant's project;

(2) certifications that the applicant accepts or

recognizes for minority-owned businesses and women-owned businesses as entities;

(3) the applicant's goals to contract with diverse

vendors, if any, for the next fiscal year for the entire budget of the applicant's project;

(4) for the last fiscal year, the actual contractual

spending for the entire budget of the project and the actual spending for minority-owned businesses and women-owned businesses, expressed as a percentage of the total budget for actual spending for the project;

(5) a narrative explaining the results of the report

and the applicant's plan to address the voluntary goals for the next fiscal year; and

(6) a copy of the applicant's submission of vendor

diversity information to the federal government, including but not limited to vendor diversity goals and actual contractual spending for minority-owned businesses and women-owned businesses, if the applicant is a federal contractor and is required by the federal government to submit that information to the federal government.

(Source: P.A. 102-1125, eff. 2-3-23.)

30 ILCS 751/900

(30 ILCS 751/900)

Sec. 900. (Amendatory provisions; text omitted).