Illinois General Assembly - Full Text of HB4314
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Full Text of HB4314  97th General Assembly



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1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Public Utilities Act is amended by changing
5Section 9-222.1 as follows:
6    (220 ILCS 5/9-222.1)  (from Ch. 111 2/3, par. 9-222.1)
7    Sec. 9-222.1. A business enterprise which is located within
8an area designated by a county or municipality as an enterprise
9zone pursuant to the Illinois Enterprise Zone Act or located in
10a federally designated Foreign Trade Zone or Sub-Zone shall be
11exempt from the additional charges added to the business
12enterprise's utility bills as a pass-on of municipal and State
13utility taxes under Sections 9-221 and 9-222 of this Act, to
14the extent such charges are exempted by ordinance adopted in
15accordance with paragraph (e) of Section 8-11-2 of the Illinois
16Municipal Code in the case of municipal utility taxes, and to
17the extent such charges are exempted by the percentage
18specified by the Department of Commerce and Economic
19Opportunity in the case of State utility taxes, provided such
20business enterprise meets the following criteria:
21        (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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1    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 48 36 months after the application;
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
21        (2) it is either (i) located in an Enterprise Zone
22    established pursuant to the Illinois Enterprise Zone Act or
23    (ii) located in a federally designated Foreign Trade Zone
24    or Sub-Zone and is designated a High Impact Business by the
25    Department of Commerce and Economic Opportunity; and
26        (3) it is certified by the Department of Commerce and



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1    Economic Opportunity as complying with the requirements
2    specified in clauses (1) and (2) of this Section.
3    The Department of Commerce and Economic Opportunity shall
4determine the period during which such exemption from the
5charges imposed under Section 9-222 is in effect which shall
6not exceed 30 years or the certified term of the enterprise
7zone, whichever period is shorter, except that the exemption
8period for a business enterprise qualifying under item (iii) of
9clause (1) of this Section shall not exceed 30 years.
10    The Department of Commerce and Economic Opportunity shall
11have the power to promulgate rules and regulations to carry out
12the provisions of this Section including procedures for
13complying with the requirements specified in clauses (1) and
14(2) of this Section and procedures for applying for the
15exemptions authorized under this Section; to define the amounts
16and types of eligible investments which business enterprises
17must make in order to receive State utility tax exemptions
18pursuant to Sections 9-222 and 9-222.1 of this Act; to approve
19such utility tax exemptions for business enterprises whose
20investments are not yet placed in service; and to require that
21business enterprises granted tax exemptions repay the exempted
22tax should the business enterprise fail to comply with the
23terms and conditions of the certification. However, no business
24enterprise shall be required, as a condition for certification
25under clause (3) of this Section, to attest that its decision
26to invest under clause (1) of this Section and to locate under



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1clause (2) of this Section is predicated upon the availability
2of the exemptions authorized by this Section.
3    A business enterprise shall be exempt, in whole or in part,
4from the pass-on charges of municipal utility taxes imposed
5under Section 9-221, only if it meets the criteria specified in
6clauses (1) through (3) of this Section and the municipality
7has adopted an ordinance authorizing the exemption under
8paragraph (e) of Section 8-11-2 of the Illinois Municipal Code.
9Upon certification of the business enterprises by the
10Department of Commerce and Economic Opportunity, the
11Department of Commerce and Economic Opportunity shall notify
12the Department of Revenue of such certification. The Department
13of Revenue shall notify the public utilities of the exemption
14status of business enterprises from the pass-on charges of
15State and municipal utility taxes. Such exemption status shall
16be effective within 3 months after certification of the
17business enterprise.
18(Source: P.A. 96-716, eff. 8-25-09; 96-865, eff. 1-21-10.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.