Full Text of HB4507 100th General Assembly
HB4507sam001 100TH GENERAL ASSEMBLY | Sen. David Koehler Filed: 5/25/2018
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| 1 | | AMENDMENT TO HOUSE BILL 4507
| 2 | | AMENDMENT NO. ______. Amend House Bill 4507 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Retailers' Occupation Tax Act is amended by | 5 | | changing Section 1f as follows:
| 6 | | (35 ILCS 120/1f) (from Ch. 120, par. 440f)
| 7 | | Sec. 1f. Except for High Impact Businesses, the exemption | 8 | | stated in
Sections 1d and 1e of this Act shall only apply to | 9 | | business enterprises which:
| 10 | | (1) either (i) make investments which cause the | 11 | | creation of a minimum of
200 full-time equivalent jobs in | 12 | | Illinois or (ii) make investments which
cause the retention | 13 | | of a minimum of 2000 full-time jobs in Illinois or
(iii) | 14 | | make investments of a minimum of $40,000,000 and retain at | 15 | | least
90% of the jobs in place on the date on which the | 16 | | exemption is granted and
for the duration of the exemption; |
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| 1 | | and
| 2 | | (2) are located in an Enterprise Zone established | 3 | | pursuant to the
Illinois Enterprise Zone Act; and
| 4 | | (3) are certified by the Department of Commerce and | 5 | | Economic Opportunity as
complying with the requirements | 6 | | specified in clauses (1) and (2).
| 7 | | In addition, from March 1, 2010 to July 31, 2012, the | 8 | | exemption stated in
Sections 1d and 1e of this Act shall also | 9 | | apply to a business enterprise that (i) complied with the | 10 | | requirements specified in clause (1) above as of March 1, 2010, | 11 | | (ii) receives certification from the Department of Commerce and | 12 | | Economic Opportunity, (iii) was a Department of Commerce and | 13 | | Economic Opportunity certified business enterprise in 2009, | 14 | | and (iv) retained a minimum of 500 full-time equivalent jobs in | 15 | | Illinois in 2009 and 2010, 675 full-time equivalent jobs in | 16 | | Illinois in 2011, 850 full-time equivalent jobs in Illinois in | 17 | | 2012, and 1,000 full-time equivalent jobs in Illinois in 2013; | 18 | | those jobs must have been created in the manufacturing sector | 19 | | as defined by the North American Industry Classification | 20 | | System. | 21 | | Any business enterprise seeking to avail itself of the | 22 | | exemptions stated
in Sections 1d or 1e, or both, shall make | 23 | | application to the Department of
Commerce and Economic | 24 | | Opportunity in such form and providing such information
as may | 25 | | be prescribed by the Department of Commerce and Economic | 26 | | Opportunity.
However, no business enterprise shall be |
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| 1 | | required, as a condition for
certification under clause (3) (4) | 2 | | of this Section, to attest that its decision
to invest under | 3 | | clause (1) of this Section and to locate under clause (2)
of | 4 | | this Section is predicated upon the availability of the | 5 | | exemptions
authorized by Sections 1d or 1e.
| 6 | | The Department of Commerce and Economic Opportunity shall | 7 | | determine whether
the business enterprise meets the criteria | 8 | | prescribed in this Section. If
the Department of Commerce and | 9 | | Economic Opportunity determines that such
business enterprise | 10 | | meets the criteria, it shall issue a certificate of
eligibility | 11 | | for exemption to the business enterprise in such form as is
| 12 | | prescribed by the Department of Revenue. The Department of | 13 | | Commerce and
Economic Opportunity shall act upon such | 14 | | certification requests within 60 days
after receipt of the | 15 | | application, and shall file with the Department of
Revenue a | 16 | | copy of each certificate of eligibility for exemption.
| 17 | | The Department of Commerce and Economic Opportunity shall | 18 | | have the power to
promulgate rules and regulations to carry out | 19 | | the provisions of this
Section including the power to define | 20 | | the amounts and types of eligible
investments not specified in | 21 | | this Section which business enterprises
must make in order to | 22 | | receive the exemptions stated in Sections 1d and 1e
of this | 23 | | Act; and to require that any business enterprise that is | 24 | | granted a
tax exemption repay the exempted tax if the business | 25 | | enterprise fails to
comply with the terms and conditions of the | 26 | | certification.
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| 1 | | Such certificate of eligibility for exemption shall be | 2 | | presented by the
business enterprise to its supplier when | 3 | | making the initial purchase of
tangible personal property for | 4 | | which an exemption is granted by Section 1d or
Section 1e, or | 5 | | both, together with a certification by the business enterprise
| 6 | | that such tangible personal property is exempt from taxation | 7 | | under Section
1d or Section 1e and by indicating the exempt | 8 | | status of each subsequent
purchase on the face of the purchase | 9 | | order.
| 10 | | The Department of Commerce and Economic Opportunity shall | 11 | | determine the
period during which such exemption from the taxes | 12 | | imposed under this Act is
in effect which shall not exceed 20 | 13 | | years.
| 14 | | (Source: P.A. 98-463, eff. 8-16-13.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
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