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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3860

Introduced 2/6/2026, by Sen. John F. Curran

SYNOPSIS AS INTRODUCED:

30 ILCS 751/30
30 ILCS 751/32

Amends the Invest in Illinois Act. Provides that certain notices
under the Act shall also be sent to the Minority Leader of the Senate and
the Minority Leader of the House of Representatives. Provides that the
Minority Leader of the Senate and the Minority Leader of the House of
Representatives may also object to agreements under the Act. Effective
immediately.
LRB104 19590 HLH 33038 b

A BILL FOR

SB3860
LRB104 19590 HLH 33038 b
1

AN ACT concerning State government.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Invest in Illinois Act is amended by
5
changing Sections 30 and 32 as follows:

6

(30 ILCS 751/30)
7

Sec. 30.
Agreement.
8

(a) Upon approval of an application under this Act, the
9
Department shall enter into an agreement with the applicant
10
that shall include, at a minimum, the following:
11

(1) a detailed description of the project that is the
12

subject of the agreement, as well as the performance
13

conditions, including the required amount of capital
14

investment and the number of jobs required to be created
15

or retained;
16

(2) the performance conditions that must be met to
17

obtain the award, including, but not limited to, the
18

number of new jobs created, the average salary, and the
19

total capital investment;
20

(3) the schedule of payments;
21

(4) a requirement that the applicant maintain
22

operations at the project location for a minimum number of
23

years;

SB3860
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LRB104 19590 HLH 33038 b
1

(5) a specific method for determining the number of
2

new employees and, if applicable, the number of retained
3

employees, to be employed during each taxable year covered
4

by the agreement;
5

(6) a requirement that the taxpayer annually report to
6

the Department the number of new employees and any other
7

information the Department deems necessary and appropriate
8

to perform its duties under this Act;
9

(7) a detailed description of the number of new
10

employees to be hired and the occupation and payroll of
11

full-time jobs to be created or retained because of the
12

project;
13

(8) the minimum capital investment the taxpayer will
14

make, the time period for placing the property in service,
15

and the designated location in Illinois for the capital
16

investment;
17

(9) a requirement that the taxpayer provide written
18

notice to the Director and the Director's designee not
19

more than 30 days after the taxpayer determines that the
20

minimum job creation, job retention, employment payroll,
21

or capital investment is no longer or will no longer be
22

achieved or maintained as required in the agreement and
23

include in that notice the number of layoffs, the date of
24

the layoffs, and the taxpayer's efforts to provide career
25

and training counseling to the impacted workers with
26

industry-related certifications and trainings;

SB3860
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LRB104 19590 HLH 33038 b
1

(10) a claw-back provision to recapture incentive
2

amounts for failure to meet the provisions contained in
3

the agreement; and
4

(11) a provision that the agreement shall not take
5

effect, nor may any funds be expended or transferred under
6

the agreement, if the Department fails to comply with the
7

notification requirements under Section 32 or if the
8

Speaker of the House of Representatives
,

or
the Senate
9

President
, the Minority Leader of the Senate, or the
10

Minority Leader of the House of Representatives
(or their
11

designees, if applicable) submit a letter of rejection
12

under Section 32.
13

(b) Subject to the provisions of Section 32, the
14
Department may issue the incentive to the applicant within the
15
time period the Department deems appropriate in order to
16
ensure that the applicant achieves the performance conditions
17
set forth in the agreement.
18
(Source: P.A. 102-1125, eff. 2-3-23.)

19

(30 ILCS 751/32)
20

Sec. 32.
General Assembly notification.
The Department
21
shall notify the President of the Senate, or his or her
22
designee,
and
the Speaker of the House of Representatives, or
23
his or her designee,
the Minority Leader of the Senate, or his
24
or her designee, and the Minority Leader of the House of
25
Representatives, or his or her designee,
when awards for the

SB3860
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LRB104 19590 HLH 33038 b
1
purposes of this Act are nearing final negotiation with an
2
applicant. The notification shall include the prospective
3
amount of the award and other relevant information related to
4
the application. The President of the Senate
,

and
the Speaker
5
of the House,
the Minority Leader of the Senate, and the
6
Minority of Leader of the House,
or their designees, if
7
applicable, shall certify that they have been notified of the
8
planned awards and that they do not object. If there is no
9
objection certified from the President of the Senate
,

and
the
10
Speaker of the House,
the Minority Leader of the Senate, or the
11
Minority Leader of the House,
the Department may enter into an
12
agreement under this Act for the award amount contained in the
13
notification. If the Department enters into an agreement under
14
this Act for an award in an amount that is different than the
15
amount contained in the notification, it shall deliver a copy
16
of the agreement to
both
the Speaker of the House of
17
Representatives, or his or her designee,
and
the Senate
18
President, or his or her designee,
the Minority Leader of the
19
Senate, or his or her designee, and the Minority Leader of the
20
House of Representatives, or his or her designee,
within 2
21
days after the agreement is executed. Notwithstanding any
22
other provision of this Act, an agreement entered into under
23
this Act shall not take effect, nor may any funds be expended
24
or transferred under that agreement, if the Speaker of the
25
House of Representatives
,

and
the Senate President,
the
26
Minority Leader of the Senate, or the Minority Leader of the

SB3860
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LRB104 19590 HLH 33038 b
1
House of Representatives,
or their designees, if applicable,
2
submit a letter to the Department noting an objection to the
3
agreement in writing within 2 days after the notification is
4
delivered to the Speaker of the House of Representatives
,

and

5
the Senate President,
the Minority Leader of the Senate, and
6
the Minority Leader of the House of Representatives,
or their
7
designees, if applicable.
8
(Source: P.A. 102-1125, eff. 2-3-23.)

9

Section 99.
Effective date.
This Act takes effect upon
10
becoming law.

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