Full Text of SB0328 96th General Assembly
SB0328enr 96TH GENERAL ASSEMBLY
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SB0328 Enrolled |
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| AN ACT concerning business.
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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 5. The Public Utilities Act is amended by changing | 5 |
| Section 9-222.1 as follows:
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| (220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
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| Sec. 9-222.1. A business enterprise which is located within | 8 |
| an area
designated by a county or municipality as an enterprise | 9 |
| zone pursuant to
the Illinois Enterprise Zone Act or located in | 10 |
| a federally designated
Foreign Trade Zone or Sub-Zone shall be | 11 |
| exempt from the additional charges
added to the business | 12 |
| enterprise's utility bills as a pass-on of municipal
and State | 13 |
| utility taxes under Sections 9-221 and 9-222 of this Act, to
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| the extent such charges are exempted by ordinance adopted in | 15 |
| accordance
with paragraph (e) of Section 8-11-2 of the Illinois | 16 |
| Municipal Code in the
case of municipal utility taxes, and to | 17 |
| the extent such
charges are exempted by the percentage | 18 |
| specified by the Department of
Commerce and Economic | 19 |
| Opportunity in the case of State utility taxes, provided
such | 20 |
| business enterprise meets the following criteria:
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| (1) it (i) makes investments which cause the creation | 22 |
| of a
minimum of 200 full-time equivalent jobs in Illinois; | 23 |
| (ii) makes investments
of at least $175,000,000 which cause |
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| the creation of a minimum of 150 full-time
equivalent jobs | 2 |
| in Illinois; (iii) makes investments that cause the | 3 |
| retention of a minimum of 300 full-time equivalent jobs in | 4 |
| the manufacturing sector, as defined by the North American | 5 |
| Industry Classification System, in an area in Illinois in | 6 |
| which the unemployment rate is above 9% and makes an | 7 |
| application to the Department within 3 months after the | 8 |
| effective date of this amendatory Act of the 96th General | 9 |
| Assembly and certifies relocation of the 300 full-time | 10 |
| equivalent jobs within 36 months after the application; or | 11 |
| (iv) makes
investments which cause the retention of a | 12 |
| minimum of 1,000 full-time jobs
in Illinois; or (v) makes | 13 |
| an application to the Department within 2 months after the | 14 |
| effective date of this amendatory Act of the 96th General | 15 |
| Assembly and makes investments that cause the retention of | 16 |
| a minimum of 500 full-time equivalent jobs in 2009 and | 17 |
| 2010, 675 full-time jobs in Illinois in 2011, 850 full-time | 18 |
| jobs in 2012, and 1,000 full-time jobs in 2013, in the | 19 |
| manufacturing sector as defined by the North American | 20 |
| Industry Classification System; and
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| (2) it is either (i) located in an Enterprise Zone | 22 |
| established
pursuant to the Illinois Enterprise Zone Act or | 23 |
| (ii) it is
located in a federally designated Foreign Trade | 24 |
| Zone or Sub-Zone and is
designated a High Impact Business | 25 |
| by the Department of Commerce and
Economic Opportunity; and
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| (3) it is certified by the Department of Commerce and |
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| Economic Opportunity as complying with the requirements | 2 |
| specified in clauses (1) and (2)
of this Section.
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| The Department of Commerce and Economic Opportunity shall | 4 |
| determine the
period during which such exemption from the | 5 |
| charges imposed under Section
9-222 is in effect which shall
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| not exceed 30 years or the certified term of the enterprise | 7 |
| zone,
whichever period is shorter, except that the exemption | 8 |
| period for a business enterprise qualifying under item (iii) of | 9 |
| clause (1) of this Section shall not exceed 30 years.
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| The Department of Commerce and Economic Opportunity shall | 11 |
| have the power to
promulgate rules and regulations to carry out | 12 |
| the provisions of this
Section including procedures for | 13 |
| complying with the requirements specified
in clauses (1) and | 14 |
| (2) of this Section and procedures
for applying for the | 15 |
| exemptions authorized under this Section; to
define the amounts | 16 |
| and types of eligible investments which
business enterprises | 17 |
| must make in order to receive State utility tax
exemptions | 18 |
| pursuant to Sections 9-222 and 9-222.1 of this Act; to approve
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| such utility tax exemptions for business enterprises whose | 20 |
| investments are
not yet placed in service; and to require that | 21 |
| business enterprises granted
tax exemptions repay the exempted | 22 |
| tax should the business enterprise fail
to comply with the | 23 |
| terms and conditions of the certification. However, no
business | 24 |
| enterprise shall be required, as a condition for certification
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| under clause (3) of this Section, to attest that its
decision | 26 |
| to invest under clause (1) of this Section and
to locate under |
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| clause (2) of this Section is predicated
upon the availability | 2 |
| of the exemptions authorized by this Section.
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| A business enterprise shall be exempt, in whole
or in part, | 4 |
| from the pass-on charges of municipal utility taxes imposed
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| under Section 9-221, only if it meets the criteria
specified in | 6 |
| clauses (1) through (3) of this Section and
the municipality | 7 |
| has adopted an ordinance authorizing the
exemption under | 8 |
| paragraph (e) of Section 8-11-2 of the Illinois Municipal
Code. | 9 |
| Upon certification of the business enterprises by the
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| Department of Commerce and Economic Opportunity, the | 11 |
| Department of Commerce
and Economic Opportunity shall notify | 12 |
| the Department of Revenue of such
certification. The Department | 13 |
| of Revenue shall notify the public utilities
of the exemption | 14 |
| status of business enterprises from the pass-on charges of
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| State and municipal utility taxes. Such exemption status shall | 16 |
| be
effective within 3 months after certification of the | 17 |
| business enterprise.
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| (Source: P.A. 96-716, eff. 8-25-09; revised 11-3-09.)
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| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
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