Sec. 30. Agreement.
449 words·~2 min read·
/il/chapter-30/act-751/30A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.