Public Act 098-0321
 
SB1379 EnrolledLRB098 09058 JLS 39195 b


  
    AN ACT concerning regulation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Public Utilities Act is amended  by changing 
Section 9-222.1 as follows:
 



    (220 ILCS 5/9-222.1)  (from Ch. 111 2/3, par. 9-222.1)



    Sec. 9-222.1. A business enterprise which is located within 
an area
designated by a county or municipality as an enterprise 
zone pursuant to
the Illinois Enterprise Zone Act or located in 
a federally designated
Foreign Trade Zone or Sub-Zone shall be 
exempt from the additional charges
added to the business 
enterprise's utility bills as a pass-on of municipal
and State 
utility taxes under Sections 9-221 and 9-222 of this Act, to

the extent such charges are exempted by ordinance adopted in 
accordance
with paragraph (e) of Section 8-11-2 of the Illinois 
Municipal Code in the
case of municipal utility taxes, and to 
the extent such
charges are exempted by the percentage 
specified by the Department of
Commerce and Economic 
Opportunity in the case of State utility taxes, provided
such 
business enterprise meets the following criteria:


        (1) it (i) makes investments which cause the creation 
    of a
minimum of 200 full-time equivalent jobs in Illinois; 
    (ii) makes investments
of at least $175,000,000 which cause 
    the creation of a minimum of 150 full-time
equivalent jobs 
    in Illinois; (iii) makes investments that cause the 
    retention of a minimum of 300 full-time equivalent jobs in 
    the manufacturing sector, as defined by the North American 
    Industry Classification System, in an area in Illinois in 
    which the unemployment rate is above 9% and makes an 
    application to the Department within 3 months after the 
    effective date of this amendatory Act of the 96th General 
    Assembly and certifies relocation of the 300 full-time 
    equivalent jobs within 48 months after the application; 
    (iv) makes
investments which cause the retention of a 
    minimum of 1,000 full-time jobs
in Illinois; or (v) makes 
    an application to the Department within 2 months after the 
    effective date of this amendatory Act of the 96th General 
    Assembly and makes investments that cause the retention of 
    a minimum of 500 full-time equivalent jobs in 2009 and 
    2010, 675 full-time jobs in Illinois in 2011, 850 full-time 
    jobs in 2012, and 750 1,000 full-time jobs per year in 2013 
    through 2017, in the manufacturing sector as defined by the 
    North American Industry Classification System; and


        (2) it is either (i) located in an Enterprise Zone 
    established
pursuant to the Illinois Enterprise Zone Act or 
    (ii)
located in a federally designated Foreign Trade Zone 
    or Sub-Zone and is
designated a High Impact Business by the 
    Department of Commerce and
Economic Opportunity; and


        (3) it is certified by the Department of Commerce and 
    Economic Opportunity as complying with the requirements 
    specified in clauses (1) and (2)
of this Section.

    The Department of Commerce and Economic Opportunity shall 
determine the
period during which such exemption from the 
charges imposed under Section
9-222 is in effect which shall

not exceed 30 years or the certified term of the enterprise 
zone,
whichever period is shorter, except that the exemption 
period for a business enterprise qualifying under item (iii) of 
clause (1) of this Section shall not exceed 30 years.

    The Department of Commerce and Economic Opportunity shall 
have the power to
promulgate rules and regulations to carry out 
the provisions of this
Section including procedures for 
complying with the requirements specified
in clauses (1) and 
(2) of this Section and procedures
for applying for the 
exemptions authorized under this Section; to
define the amounts 
and types of eligible investments which
business enterprises 
must make in order to receive State utility tax
exemptions 
pursuant to Sections 9-222 and 9-222.1 of this Act; to approve

such utility tax exemptions for business enterprises whose 
investments are
not yet placed in service; and to require that 
business enterprises granted
tax exemptions repay the exempted 
tax should the business enterprise fail
to comply with the 
terms and conditions of the certification. However, no
business 
enterprise shall be required, as a condition for certification

under clause (3) of this Section, to attest that its
decision 
to invest under clause (1) of this Section and
to locate under 
clause (2) of this Section is predicated
upon the availability 
of the exemptions authorized by this Section.

    A business enterprise shall be exempt, in whole
or in part, 
from the pass-on charges of municipal utility taxes imposed

under Section 9-221, only if it meets the criteria
specified in 
clauses (1) through (3) of this Section and
the municipality 
has adopted an ordinance authorizing the
exemption under 
paragraph (e) of Section 8-11-2 of the Illinois Municipal
Code. 
Upon certification of the business enterprises by the

Department of Commerce and Economic Opportunity, the 
Department of Commerce
and Economic Opportunity shall notify 
the Department of Revenue of such
certification.  The Department 
of Revenue shall notify the public utilities
of the exemption 
status of business enterprises from the pass-on charges of

State and municipal utility taxes.  Such exemption status shall 
be
effective within 3 months after certification of the 
business enterprise.

(Source: P.A. 96-716, eff. 8-25-09; 96-865, eff. 1-21-10; 
97-818, eff. 7-16-12.)

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