Full Text of SB2301 95th General Assembly
SB2301ham002 95TH GENERAL ASSEMBLY
|
Rep. Jack McGuire
Filed: 5/30/2008
|
|
09500SB2301ham002 |
|
LRB095 17503 HLH 51750 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2301
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2301 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "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 |
| employer and the Department under the provisions of Section 30 | 14 |
| of this Act. | 15 |
| "Department" means the Department of Commerce and Economic |
|
|
|
09500SB2301ham002 |
- 2 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| Opportunity. | 2 |
| "Director" means the Director of Commerce and Economic | 3 |
| Opportunity. | 4 |
| "Eligible developer" means an individual, partnership, | 5 |
| corporation, or other entity that develops an intermodal | 6 |
| terminal facility in the City of Joliet. | 7 |
| "Eligible employer" means an individual, partnership, | 8 |
| corporation, or other entity that employs full-time employees | 9 |
| at an intermodal terminal facility in the City of Joliet. | 10 |
| "Full-time employee" means an individual who is employed | 11 |
| for consideration for at least 35 hours each week or who | 12 |
| renders any other standard of service generally accepted by | 13 |
| industry custom or practice as full-time employment. An | 14 |
| individual for whom a W-2 is issued by a Professional Employer | 15 |
| Organization (PEO) is a full-time employee if employed in the | 16 |
| service of the eligible employer for consideration for at least | 17 |
| 35 hours each week or who renders any other standard of service | 18 |
| generally accepted by industry custom or practice as full-time | 19 |
| employment. | 20 |
| "Incremental income tax" means the total amount withheld | 21 |
| from the compensation of new employees under Article 7 of the | 22 |
| Illinois Income Tax Act arising from employment by an eligible | 23 |
| employer. | 24 |
| "Infrastructure" means roads, access roads, streets, | 25 |
| bridges, sidewalks, water and sewer line extensions, water | 26 |
| distribution and purification facilities, waste disposal |
|
|
|
09500SB2301ham002 |
- 3 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| systems, sewage treatment facilities, stormwater drainage and | 2 |
| retention facilities, gas and electric utility line | 3 |
| extensions, or other improvements that are essential to the | 4 |
| development of the project that is the subject of an agreement. | 5 |
| "Intermodal terminal facility" means a cohesively planned | 6 |
| project consisting of at least 2,000 acres of land, | 7 |
| improvements to that land, equipment, and appliances necessary | 8 |
| for the receipt and transfer of goods between one mode of | 9 |
| transportation and another and for the assembly and storage of | 10 |
| those goods. | 11 |
| "New employee" means a full-time employee first employed by | 12 |
| an eligible employer in the project that is the subject of an | 13 |
| agreement between the Department and an eligible developer and | 14 |
| who is hired after the eligible developer enters into the | 15 |
| agreement, but does not include: | 16 |
| (1) an employee of the eligible employer who performs a | 17 |
| job that (i) existed for at least 6 months before the | 18 |
| employee was hired and (ii) was previously performed by | 19 |
| another employee; | 20 |
| (2) an employee of the eligible employer who was | 21 |
| previously employed in Illinois by a related member of the | 22 |
| eligible employer and whose employment was shifted to the | 23 |
| eligible employer after the eligible employer entered into | 24 |
| the Agreement; or | 25 |
| (3) a child, grandchild, parent, or spouse, other than | 26 |
| a spouse who is legally separated from the individual, of |
|
|
|
09500SB2301ham002 |
- 4 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| any individual who has a direct or an indirect ownership | 2 |
| interest of at least 5% in the profits, capital, or value | 3 |
| of the eligible employer. | 4 |
| Notwithstanding item (2) of this definition, an employee | 5 |
| may be considered a new employee under the agreement if the | 6 |
| employee performs a job that was previously performed by an | 7 |
| employee who was: | 8 |
| (A) treated under the Agreement as a new employee; and | 9 |
| (B) promoted by the eligible employer to another job. | 10 |
| "Professional Employer Organization" (PEO) means an | 11 |
| employee leasing company, as defined in Section 206.1(A)(2) of | 12 |
| the Illinois Unemployment Insurance Act. | 13 |
| "Related member" means a person or entity that, with | 14 |
| respect to the eligible employer during any portion of the | 15 |
| taxable year, is any one of the following: | 16 |
| (1) an individual stockholder, if the stockholder and | 17 |
| the members of the stockholder's family (as defined in | 18 |
| Section 318 of the Internal Revenue Code) own directly, | 19 |
| indirectly, beneficially, or constructively, in the | 20 |
| aggregate, at least 50% of the value of the eligible | 21 |
| employer's outstanding stock; | 22 |
| (2) a partnership, estate, or trust and any partner or | 23 |
| beneficiary, if the partnership, estate, or trust, and its | 24 |
| partners or beneficiaries own directly, indirectly, or | 25 |
| beneficially, or constructively, in the aggregate, at | 26 |
| least 50% of the profits, capital, stock, or value of the |
|
|
|
09500SB2301ham002 |
- 5 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| eligible employer; | 2 |
| (3) a corporation, and any party related to the | 3 |
| corporation in a manner that would require an attribution | 4 |
| of stock from the corporation to the party or from the | 5 |
| party to the corporation under the attribution rules of | 6 |
| Section 318 of the Internal Revenue Code, if the taxpayer | 7 |
| owns directly, indirectly, beneficially, or constructively | 8 |
| at least 50% of the value of the corporation's outstanding | 9 |
| stock; | 10 |
| (4) a corporation and any party related to that | 11 |
| corporation in a manner that would require an attribution | 12 |
| of stock from the corporation to the party or from the | 13 |
| party to the corporation under the attribution rules of | 14 |
| Section 318 of the Internal Revenue Code, if the | 15 |
| corporation and all such related parties own in the | 16 |
| aggregate at least 50% of the profits, capital, stock, or | 17 |
| value of the eligible employer; or | 18 |
| (5) a person to or from whom there is attribution of | 19 |
| stock ownership in accordance with Section 1563(e) of the | 20 |
| Internal Revenue Code, except, for purposes of determining | 21 |
| whether a person is a related member under this definition, | 22 |
| 20% shall be substituted for 5% wherever 5% appears in | 23 |
| Section 1563(e) of the Internal Revenue Code. | 24 |
| Section 15. Intermodal Facilities Promotion Fund. The | 25 |
| Intermodal Facilities Promotion Fund is created as a special |
|
|
|
09500SB2301ham002 |
- 6 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| fund in the State treasury. As soon as possible after the first | 2 |
| day of each month, upon certification of the Department of | 3 |
| Revenue, the Comptroller shall order transferred and the | 4 |
| Treasurer shall transfer from the General Revenue Fund to the | 5 |
| Intermodal Facilities Promotion Fund an amount equal to the | 6 |
| incremental income tax for the previous month attributable to a | 7 |
| project that is the subject of an agreement. | 8 |
| Section 20. Grants from the Intermodal Facilities | 9 |
| Promotion Fund. In State fiscal years 2009 through 2015, all | 10 |
| moneys in the Intermodal Facilities Promotion Fund, held solely | 11 |
| for the benefit of eligible developers, shall be appropriated | 12 |
| to the Department to make infrastructure grants to eligible | 13 |
| developers pursuant to agreements. | 14 |
| Section 25. Limitation on grant amounts. The total amount | 15 |
| of a grant to an eligible developer shall not exceed the lesser | 16 |
| of: | 17 |
| (1) $3,000,000 in each State fiscal year; or | 18 |
| (2) the total amount of infrastructure costs incurred | 19 |
| by the eligible developer with respect to a project that is | 20 |
| the subject of an agreement. | 21 |
| No eligible developer shall receive moneys that are | 22 |
| attributable to a project that is not the subject of the | 23 |
| developer's agreement with the Department. |
|
|
|
09500SB2301ham002 |
- 7 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| 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 monthly to the Department and the Department of | 22 |
| Revenue the number of new employees and the incremental | 23 |
| income tax withheld in connection with the new employees. | 24 |
| (5) A requirement that the Department is authorized to | 25 |
| verify with the Department of Revenue the amounts reported | 26 |
| under paragraph (4). |
|
|
|
09500SB2301ham002 |
- 8 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| Section 35. Rulemaking. Notwithstanding any other | 2 |
| rulemaking authority that may exist, neither the Governor nor | 3 |
| any agency or agency head under the jurisdiction of the | 4 |
| Governor has any authority to make or promulgate rules to | 5 |
| implement or enforce the provisions of this Act. If, however, | 6 |
| the Governor believes that rules are necessary to implement or | 7 |
| enforce the provisions of this Act, the Governor may suggest | 8 |
| rules to the General Assembly by filing them with the Clerk of | 9 |
| the House and the Secretary of the Senate and by requesting | 10 |
| that the General Assembly authorize such rulemaking by law, | 11 |
| enact those suggested rules into law, or take any other | 12 |
| appropriate action in the General Assembly's discretion. | 13 |
| Nothing contained in this Act shall be interpreted to grant | 14 |
| rulemaking authority under any other Illinois statute where | 15 |
| such authority is not otherwise explicitly given. For the | 16 |
| purposes of this paragraph, "rules" is given the meaning | 17 |
| contained in Section 1-70 of the Illinois Administrative | 18 |
| Procedure Act, and "agency" and "agency head" are given the | 19 |
| meanings contained in Sections 1-20 and 1-25 of the Illinois | 20 |
| Administrative Procedure Act to the extent that such | 21 |
| definitions apply to agencies or agency heads under the | 22 |
| jurisdiction of the Governor. | 23 |
| Section 90. The State Finance Act is amended by adding | 24 |
| Section 5.709 as follows: |
|
|
|
09500SB2301ham002 |
- 9 - |
LRB095 17503 HLH 51750 a |
|
| 1 |
| (30 ILCS 105/5.709 new)
| 2 |
| Sec. 5.709. Intermodal Facilities Promotion Fund.
| 3 |
| Section 99. Effective date. This Act takes effect upon | 4 |
| becoming law.".
|
|