HB2935 96TH GENERAL ASSEMBLY

LRB096 08824 RCE 18958 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2935

Introduced 2/24/2009, by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

35 ILCS 640/15

Amends the Electricity Excise Tax Law. Makes a technical change in a Section concerning severability.

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Electricity Excise Tax Law is amended by changing Section 15 as follows:

(35 ILCS 640/15)

Sec. 15. If any provision added by this amendatory Act of 1997 is held invalid, this entire amendatory Act of 1997 shall be deemed invalid, and and the provisions of Section 1.31, "Severability", of the Statute on Statutes are hereby expressly declared not applicable to this amendatory Act of 1997; provided, however (i) that any contracts entered into and performed, transactions completed, orders issued, services provided, billings rendered, or payments made in accordance with the provisions of this amendatory Act of 1997, other than as provided in clause (ii) below, prior to the date of the determination of such invalidity, shall not thereby be rendered invalid; (ii) that no presumption as to the validity or invalidity of any contracts, transactions, orders, billings, or payments pursuant to Article XVIII of the Public Utilities Act shall result from a determination of invalidity of this amendatory Act of 1997; and (iii) that the provisions of proviso (i) shall not be deemed to preserve the validity of any executory contracts or transactions, of any actions to be taken pursuant to orders issued, or of any services to be performed, billings to be rendered, or payments to be made, pursuant to provisions of this amendatory Act of 1997 subsequent to the date of determination of such invalidity.

(Source: P.A. 90-561, eff. 12-16-97.)