State of Illinois
90th General Assembly
Legislation

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90_HB3079

      20 ILCS 2705/49.35 new
      35 ILCS 5/211 new
          Amends  the  Illinois  Income  Tax  Act  and  the   Civil
      Administrative  Code  of  Illinois.   Creates  an  income tax
      credit  for  taxpayers  that   receive   a   certificate   of
      eligibility  from  the  Department  of  Transportation  in an
      amount equal to 50% of the amounts expended by  the  taxpayer
      on  soundproofing  a  building  that (1) is within 5 miles of
      O'Hare International Airport or  Midway  Airport  or  (2)  is
      within  the  60  day-night  average  sound  level (DNL) noise
      contour area.   Provides  that  the  credit  may  not  exceed
      $10,000 and may not reduce the taxpayer's liability under the
      Act  to  less  than  zero.   Provides  that the Department of
      Transportation,   in   cooperation   with   the   communities
      surrounding O'Hare and the city of Chicago,  shall  prescribe
      rules  for  determining  who is eligible for a certificate of
      eligibility  for  the  credit.   Applicable  to   tax   years
      beginning  on  or  after January 1, 1998.  Sunsets the credit
      after 10 years.  Effective immediately.
                                                     LRB9009889KDcd
                                               LRB9009889KDcd
 1        AN ACT concerning taxes, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The Civil Administrative Code of Illinois is
 5    amended by adding Section 49.35 as follows:
 6        (20 ILCS 2705/49.35 new)
 7        Sec. 49.35.  The  Department,  in  cooperation  with  the
 8    communities  surrounding O'Hare International Airport and the
 9    city  of  Chicago,  shall  prescribe  rules  to  be  used  in
10    determining whether a building is  within  the  60  day-night
11    average  sound level (DNL) noise contour area for purposes of
12    receiving the Soundproofing Tax Credit  provided  in  Section
13    211 of the Illinois Income Tax Act.
14        Section  10.  The  Illinois  Income Tax Act is amended by
15    adding Section 211 as follows:
16        (35 ILCS 5/211 new)
17        Sec. 211.  Soundproofing Tax Credit.
18        (a)  For tax years beginning on and after January 1, 1998
19    and ending on or before  December  30,  2008,  each  taxpayer
20    receiving a certificate of eligibility from the Department of
21    Transportation   as  provided  in  subsection  (b)  shall  be
22    entitled to a tax credit against the taxes imposed under this
23    Act in an amount equal to 50%  of  the  expenditures  by  the
24    taxpayer  for the cost of soundproofing any building that (1)
25    lies within 5 miles of O'Hare International Airport or Midway
26    Airport or (2) is within the 60 day-night average sound level
27    (DNL) noise  contour  area,  as  certified  by  the  Illinois
28    Department  of  Transportation.    In no event shall a credit
29    under this Section exceed  $10,000.   In  no  event  shall  a
                            -2-                LRB9009889KDcd
 1    credit  under  this  Section  reduce the taxpayer's liability
 2    under this Act to less than zero.
 3        (b)  Any  taxpayer  applying  for  a  credit  under  this
 4    Section shall apply to the Department of Transportation for a
 5    certificate  of  eligibility  for  the  credit  on   a   form
 6    prescribed   by   the   Department   and  shall  provide  any
 7    information required by the Department.   The  Department  of
 8    Transportation,   in   cooperation   with   the   communities
 9    surrounding  O'Hare  and the city of Chicago, shall prescribe
10    rules to determine eligibility for the credit  in  accordance
11    with  Section  49.35  of  the  Civil  Administrative  Code of
12    Illinois.  If the  Department  of  Transportation  determines
13    that  the taxpayer is eligible for the credit, it shall issue
14    a certificate of eligibility  for  the  credit  in  the  form
15    prescribed    by   the   Department.    The   Department   of
16    Transportation shall file with the Department a copy of  each
17    certificate of eligibility for the credit under this Section.
18        Section  99.  Effective date.  This Act takes effect upon
19    becoming law.

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