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


Rep. Marlow H. Colvin

Filed: 3/27/2012





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2    AMENDMENT NO. ______. Amend House Bill 4314 by replacing
3everything after the enacting clause with the following:
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



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1the extent such charges are exempted by the percentage
2specified by the Department of Commerce and Economic
3Opportunity in the case of State utility taxes, provided such
4business enterprise meets the following criteria:
5        (1) it (i) makes investments which cause the creation
6    of a minimum of 200 full-time equivalent jobs in Illinois;
7    (ii) makes investments of at least $175,000,000 which cause
8    the creation of a minimum of 150 full-time equivalent jobs
9    in Illinois; (iii) makes investments that cause the
10    retention of a minimum of 300 full-time equivalent jobs in
11    the manufacturing sector, as defined by the North American
12    Industry Classification System, in an area in Illinois in
13    which the unemployment rate is above 9% and makes an
14    application to the Department within 3 months after the
15    effective date of this amendatory Act of the 96th General
16    Assembly and certifies relocation of the 300 full-time
17    equivalent jobs within 48 36 months after the application;
18    (iv) makes investments which cause the retention of a
19    minimum of 1,000 full-time jobs in Illinois; or (v) makes
20    an application to the Department within 2 months after the
21    effective date of this amendatory Act of the 96th General
22    Assembly and makes investments that cause the retention of
23    a minimum of 500 full-time equivalent jobs in 2009 and
24    2010, 675 full-time jobs in Illinois in 2011, 850 full-time
25    jobs in 2012, and 1,000 full-time jobs in 2013, in the
26    manufacturing sector as defined by the North American



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1    Industry Classification System; and
2        (2) it is either (i) located in an Enterprise Zone
3    established pursuant to the Illinois Enterprise Zone Act or
4    (ii) located in a federally designated Foreign Trade Zone
5    or Sub-Zone and is designated a High Impact Business by the
6    Department of Commerce and Economic Opportunity; and
7        (3) it is certified by the Department of Commerce and
8    Economic Opportunity as complying with the requirements
9    specified in clauses (1) and (2) of this Section.
10    The Department of Commerce and Economic Opportunity shall
11determine the period during which such exemption from the
12charges imposed under Section 9-222 is in effect which shall
13not exceed 30 years or the certified term of the enterprise
14zone, whichever period is shorter, except that the exemption
15period for a business enterprise qualifying under item (iii) of
16clause (1) of this Section shall not exceed 30 years.
17    The Department of Commerce and Economic Opportunity shall
18have the power to promulgate rules and regulations to carry out
19the provisions of this Section including procedures for
20complying with the requirements specified in clauses (1) and
21(2) of this Section and procedures for applying for the
22exemptions authorized under this Section; to define the amounts
23and types of eligible investments which business enterprises
24must make in order to receive State utility tax exemptions
25pursuant to Sections 9-222 and 9-222.1 of this Act; to approve
26such utility tax exemptions for business enterprises whose



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1investments are not yet placed in service; and to require that
2business enterprises granted tax exemptions repay the exempted
3tax should the business enterprise fail to comply with the
4terms and conditions of the certification. However, no business
5enterprise shall be required, as a condition for certification
6under clause (3) of this Section, to attest that its decision
7to invest under clause (1) of this Section and to locate under
8clause (2) of this Section is predicated upon the availability
9of the exemptions authorized by this Section.
10    A business enterprise shall be exempt, in whole or in part,
11from the pass-on charges of municipal utility taxes imposed
12under Section 9-221, only if it meets the criteria specified in
13clauses (1) through (3) of this Section and the municipality
14has adopted an ordinance authorizing the exemption under
15paragraph (e) of Section 8-11-2 of the Illinois Municipal Code.
16Upon certification of the business enterprises by the
17Department of Commerce and Economic Opportunity, the
18Department of Commerce and Economic Opportunity shall notify
19the Department of Revenue of such certification. The Department
20of Revenue shall notify the public utilities of the exemption
21status of business enterprises from the pass-on charges of
22State and municipal utility taxes. Such exemption status shall
23be effective within 3 months after certification of the
24business enterprise.
25(Source: P.A. 96-716, eff. 8-25-09; 96-865, eff. 1-21-10.)



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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".