Full Text of SB1342 96th General Assembly
SB1342enr 96TH GENERAL ASSEMBLY
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| AN ACT concerning intermodal facilities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Intermodal Facilities Promotion Act. | 6 |
| Section 5. Purpose. The General Assembly has determined | 7 |
| that it is in the interest of the State of Illinois to promote | 8 |
| development that will protect, promote, and improve freight | 9 |
| rail systems and their intermodal connections in Illinois and | 10 |
| encourage the efficient development of those facilities. | 11 |
| Section 10. Definitions. As used in this Act: | 12 |
| "Agreement" means the agreement between an eligible | 13 |
| developer and the Department under the provisions of Section 30 | 14 |
| of this Act. | 15 |
| "Department" means the Department of Commerce and Economic | 16 |
| Opportunity. | 17 |
| "Director" means the Director of Commerce and Economic | 18 |
| Opportunity. | 19 |
| "Eligible developer" means an individual, partnership, | 20 |
| corporation, or other entity that develops an intermodal | 21 |
| terminal facility in the City of Joliet. | 22 |
| "Eligible employer" means an individual, partnership, |
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| corporation, or other entity that employs full-time employees | 2 |
| at an intermodal terminal facility in the City of Joliet. | 3 |
| "Full-time employee" means an individual who is employed | 4 |
| for consideration for at least 35 hours each week or who | 5 |
| renders any other standard of service generally accepted by | 6 |
| industry custom or practice as full-time employment. An | 7 |
| individual for whom a W-2 is issued by a Professional Employer | 8 |
| Organization (PEO) is a full-time employee if employed in the | 9 |
| service of the eligible employer for consideration for at least | 10 |
| 35 hours each week or who renders any other standard of service | 11 |
| generally accepted by industry custom or practice as full-time | 12 |
| employment. | 13 |
| "Incremental income tax" means the total amount withheld | 14 |
| from the compensation of new employees under Article 7 of the | 15 |
| Illinois Income Tax Act arising from employment by an eligible | 16 |
| employer. | 17 |
| "Infrastructure" means roads, access roads, streets, | 18 |
| bridges, sidewalks, water and sewer line extensions, water | 19 |
| distribution and purification facilities, waste disposal | 20 |
| systems, sewage treatment facilities, stormwater drainage and | 21 |
| retention facilities, gas and electric utility line | 22 |
| extensions, or other improvements that are essential to the | 23 |
| development of the project that is the subject of an agreement. | 24 |
| "Intermodal terminal facility" means a cohesively planned | 25 |
| project consisting of at least 2,000 acres of land, | 26 |
| improvements to that land, equipment, and appliances necessary |
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| for the receipt and transfer of goods between one mode of | 2 |
| transportation and another and for the assembly and storage of | 3 |
| those goods. | 4 |
| "New employee" means a full-time employee first employed by | 5 |
| an eligible employer in the project that is the subject of an | 6 |
| agreement between the Department and an eligible developer and | 7 |
| who is hired after the eligible developer enters into the | 8 |
| agreement, but does not include: | 9 |
| (1) an employee of the eligible employer who performs a | 10 |
| job that (i) existed for at least 6 months before the | 11 |
| employee was hired and (ii) was previously performed by | 12 |
| another employee; | 13 |
| (2) an employee of the eligible employer who was | 14 |
| previously employed in Illinois by a related member of the | 15 |
| eligible employer and whose employment was shifted to the | 16 |
| eligible employer after the eligible employer entered into | 17 |
| the agreement; or | 18 |
| (3) a child, grandchild, parent, or spouse, other than | 19 |
| a spouse who is legally separated from the individual, of | 20 |
| any individual who has a direct or an indirect ownership | 21 |
| interest of at least 5% in the profits, capital, or value | 22 |
| of the eligible employer. | 23 |
| Notwithstanding item (2) of this definition, an employee | 24 |
| may be considered a new employee under the agreement if the | 25 |
| employee performs a job that was previously performed by an | 26 |
| employee who was: |
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| (A) treated under the agreement as a new employee; and | 2 |
| (B) promoted by the eligible employer to another job. | 3 |
| Notwithstanding any provision to the contrary, an employee | 4 |
| employed in a part of the project that lies within a business | 5 |
| district created pursuant to Division 74.3 of Article 11 of the | 6 |
| Illinois Municipal Code or a redevelopment project area created | 7 |
| pursuant to the Tax Increment Allocation Redevelopment Act | 8 |
| shall not be considered a new employee. | 9 |
| "Professional Employer Organization" (PEO) means an | 10 |
| employee leasing company, as defined in Section 206.1(A)(2) of | 11 |
| the Illinois Unemployment Insurance Act. | 12 |
| "Related member" means a person or entity that, with | 13 |
| respect to the eligible employer during any portion of the | 14 |
| taxable year, is any one of the following: | 15 |
| (1) an individual stockholder, if the stockholder and | 16 |
| the members of the stockholder's family (as defined in | 17 |
| Section 318 of the Internal Revenue Code) own directly, | 18 |
| indirectly, beneficially, or constructively, in the | 19 |
| aggregate, at least 50% of the value of the eligible | 20 |
| employer's outstanding stock; | 21 |
| (2) a partnership, estate, or trust and any partner or | 22 |
| beneficiary, if the partnership, estate, or trust, and its | 23 |
| partners or beneficiaries own directly, indirectly, or | 24 |
| beneficially, or constructively, in the aggregate, at | 25 |
| least 50% of the profits, capital, stock, or value of the | 26 |
| eligible employer; |
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| (3) a corporation, and any party related to the | 2 |
| corporation in a manner that would require an attribution | 3 |
| of stock from the corporation to the party or from the | 4 |
| party to the corporation under the attribution rules of | 5 |
| Section 318 of the Internal Revenue Code, if the taxpayer | 6 |
| owns directly, indirectly, beneficially, or constructively | 7 |
| at least 50% of the value of the corporation's outstanding | 8 |
| stock; | 9 |
| (4) a corporation and any party related to that | 10 |
| corporation in a manner that would require an attribution | 11 |
| of stock from the corporation to the party or from the | 12 |
| party to the corporation under the attribution rules of | 13 |
| Section 318 of the Internal Revenue Code, if the | 14 |
| corporation and all such related parties own in the | 15 |
| aggregate at least 50% of the profits, capital, stock, or | 16 |
| value of the eligible employer; or | 17 |
| (5) a person to or from whom there is attribution of | 18 |
| stock ownership in accordance with Section 1563(e) of the | 19 |
| Internal Revenue Code, except, for purposes of determining | 20 |
| whether a person is a related member under this definition, | 21 |
| 20% shall be substituted for 5% wherever 5% appears in | 22 |
| Section 1563(e) of the Internal Revenue Code. | 23 |
| Section 15. Intermodal Facilities Promotion Fund. The | 24 |
| Intermodal Facilities Promotion Fund is created as a special | 25 |
| fund in the State treasury. As soon as possible, upon |
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| certification of the Department of Revenue following review of | 2 |
| the amounts contained in the quarter annual report required | 3 |
| under paragraph (4) of Section 30, the Comptroller shall order | 4 |
| transferred and the Treasurer shall transfer from the General | 5 |
| Revenue Fund to the Intermodal Facilities Promotion Fund an | 6 |
| amount equal to the incremental income tax for the previous | 7 |
| month attributable to a project that is the subject of an | 8 |
| agreement. | 9 |
| Section 20. Grants from the Intermodal Facilities | 10 |
| Promotion Fund. In State fiscal years 2010 through 2016, all | 11 |
| moneys in the Intermodal Facilities Promotion Fund, held solely | 12 |
| for the benefit of eligible developers, shall be appropriated | 13 |
| to the Department to make infrastructure grants to eligible | 14 |
| developers pursuant to agreements. | 15 |
| Section 25. Limitation on grant amounts. The total amount | 16 |
| of a grant to an eligible developer shall not exceed the lesser | 17 |
| of: | 18 |
| (1) $3,000,000 in each State fiscal year; or | 19 |
| (2) the total amount of infrastructure costs incurred | 20 |
| by the eligible developer with respect to a project that is | 21 |
| the subject of an agreement. | 22 |
| No eligible developer shall receive moneys that are | 23 |
| attributable to a project that is not the subject of the | 24 |
| developer's agreement with the Department. |
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| Section 30. Agreements with applicants. The Department | 2 |
| shall enter into an agreement with an eligible developer who is | 3 |
| entitled to grants under this Act. The agreement must include | 4 |
| all of the following: | 5 |
| (1) A detailed description of the project that is the | 6 |
| subject of the agreement, including the location of the | 7 |
| project, the number of jobs created by the project, and | 8 |
| project costs. For purposes of this subsection, "project | 9 |
| costs" includes the cost of the project incurred or to be | 10 |
| incurred by the eligible developer, including | 11 |
| infrastructure costs, but excludes the value of State or | 12 |
| local incentives, including tax increment financing and | 13 |
| deductions, credits, or exemptions afforded to an employer | 14 |
| located in an enterprise zone. | 15 |
| (2) A requirement that the eligible developer shall | 16 |
| maintain operations at the project location, stated as a | 17 |
| minimum number of years not to exceed 10 years. | 18 |
| (3) A specific method for determining the number of new | 19 |
| employees attributable to the project. | 20 |
| (4) A requirement that the eligible developer shall | 21 |
| report on a quarter annual basis to the Department and the | 22 |
| Department of Revenue the number of new employees and the | 23 |
| incremental income tax withheld in connection with the new | 24 |
| employees. | 25 |
| (5) A provision authorizing the Department to verify |
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| with the Department of Revenue the amounts reported under | 2 |
| paragraph (4). | 3 |
| (6) A provision authorizing the Department of Revenue | 4 |
| to audit the information reported under paragraph (4). | 5 |
| Section 35. Rules. The Department and the Department of | 6 |
| Revenue may promulgate rules necessary to implement this Act. | 7 |
| Section 90. The State Finance Act is amended by adding | 8 |
| Section 5.719 as follows: | 9 |
| (30 ILCS 105/5.719 new) | 10 |
| Sec. 5.719. The Intermodal Facilities Promotion Fund.
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| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.
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