Full Text of HB0385 94th General Assembly
HB0385 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB0385
Introduced 1/25/2005, by Rep. William B. Black SYNOPSIS AS INTRODUCED: |
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220 ILCS 5/9-222.1 |
from Ch. 111 2/3, par. 9-222.1 |
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Amends the Public Utilities Act. Authorizes the Department of Commerce and Economic Opportunity to establish by rule certain criteria for the certification of an exemption from certain additional charges added to the utility bills of a business enterprise that is located within an area designated by a county or a municipality as an enterprise zone under the Illinois Enterprise Zone Act or located in a federally-designated Foreign Trade Zone or Sub-Zone. Provides that any business enterprise that previously qualified for and received the exemption, but that was denied the exemption upon re-application, shall receive no more than one further exemption and shall only receive the exemption if it makes the level of capital investment or creates the number of full-time equivalent jobs expressly specified by the Department of Commerce and Economic Opportunity. Effective immediately.
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A BILL FOR
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HB0385 |
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LRB094 06731 MKM 36830 b |
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| AN ACT concerning utilities.
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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. Business enterprises located in enterprise | 8 |
| zones; exemption from additional charges.
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| (a) Except as otherwise provided in subsection (b), a
A
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| business enterprise which is located within an area
designated | 11 |
| by a county or municipality as an enterprise zone pursuant to
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| the Illinois Enterprise Zone Act or located in a federally | 13 |
| designated
Foreign Trade Zone or Sub-Zone shall be exempt from | 14 |
| the additional charges
added to the business enterprise's | 15 |
| utility bills as a pass-on of municipal
and State utility taxes | 16 |
| under Sections 9-221 and 9-222 of this Act, to
the extent such | 17 |
| charges are exempted by ordinance adopted in accordance
with | 18 |
| paragraph (e) of Section 8-11-2 of the Illinois Municipal Code | 19 |
| in the
case of municipal utility taxes, and to the extent such
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| charges are exempted by the percentage specified by the | 21 |
| Department of
Commerce and Economic Opportunity
Community | 22 |
| Affairs in the case of State utility taxes, provided
such | 23 |
| business enterprise meets the following criteria:
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| (1) it either (i) makes investments which cause the | 25 |
| creation of a
minimum of 200 full-time equivalent jobs in | 26 |
| Illinois; (ii) makes investments
of at least $175,000,000 | 27 |
| which cause the creation of a minimum of 150 full-time
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| equivalent jobs in Illinois; or (iii) makes
investments | 29 |
| which cause the retention of a minimum of 1,000 full-time | 30 |
| jobs
in Illinois; and
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| (2) it is either (i) located in an Enterprise Zone | 32 |
| established
pursuant to the Illinois Enterprise Zone Act or |
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HB0385 |
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LRB094 06731 MKM 36830 b |
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| (ii) it is
located in a federally designated Foreign Trade | 2 |
| Zone or Sub-Zone and is
designated a High Impact Business | 3 |
| by the Department of Commerce and
Economic Opportunity
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| Community Affairs ; and
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| (3) it is certified by the Department of Commerce and | 6 |
| Economic Opportunity
Community
Affairs as complying with | 7 |
| the requirements specified in clauses (1) and (2)
of this | 8 |
| subsection
Section .
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| (b) A business enterprise that does not meet the criteria | 10 |
| in subsection (a), but that is located within an area
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| designated by a county or municipality as an enterprise zone | 12 |
| pursuant to
the Illinois Enterprise Zone Act or located in a | 13 |
| federally-designated
Foreign Trade Zone or Sub-Zone shall be | 14 |
| exempt from the additional charges
added to the business | 15 |
| enterprise's utility bills as a pass-on of municipal
and State | 16 |
| utility taxes under Sections 9-221 and 9-222 of this Act, to
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| the extent that those charges are exempted by ordinance adopted | 18 |
| in accordance
with paragraph (e) of Section 8-11-2 of the | 19 |
| Illinois Municipal Code in the
case of municipal utility taxes, | 20 |
| and to the extent those
charges are exempted by the percentage | 21 |
| specified by the Department of
Commerce and Economic | 22 |
| Opportunity in the case of State utility taxes, provided
that | 23 |
| the business enterprise meets the following criteria: | 24 |
| (1) it either (i) makes investments that cause the | 25 |
| creation or retention of a
minimum number of full-time | 26 |
| equivalent jobs in Illinois, as expressly specified by the | 27 |
| Department; or (ii) makes capital investments
at a minimum | 28 |
| level, as expressly specified by the Department of Commerce | 29 |
| and Economic Opportunity; and
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| (2) it is either (i) located in an Enterprise Zone | 31 |
| established
pursuant to the Illinois Enterprise Zone Act or | 32 |
| (ii) it is
located in a federally designated Foreign Trade | 33 |
| Zone or Sub-Zone and is
designated a High Impact Business | 34 |
| by the Department of Commerce and Economic Opportunity; and
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| (3) it is certified by the Department of Commerce and | 36 |
| Economic Opportunity as complying with the requirements |
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HB0385 |
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| specified in clauses (1) and (2)
of this subsection.
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| The amount of the exemption under this subsection may be | 3 |
| pro rated in accordance with the value of the economic impact | 4 |
| of the business enterprise's job creation or capital | 5 |
| investments on the enterprise zone. | 6 |
| (c) Notwithstanding any other provision of law to the | 7 |
| contrary, if a business enterprise that previously qualified | 8 |
| for and received an exemption under this Section is denied an | 9 |
| exemption upon re-application, it shall receive no more than | 10 |
| one further exemption. This exemption shall only be certified | 11 |
| by the Department of Commerce and Economic Opportunity and | 12 |
| awarded to the business enterprise if the business enterprise | 13 |
| makes the level of capital investment or creates the number of | 14 |
| full-time equivalent jobs as expressly specified by the | 15 |
| Department of Commerce and Economic Opportunity.
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| (d) The Department of Commerce and Economic Opportunity
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| Community Affairs shall determine the
period during which such | 18 |
| exemption from the charges imposed under Section
9-222 is in | 19 |
| effect which shall
not exceed 30 years or the certified term of | 20 |
| the enterprise zone,
whichever period is shorter.
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| (e) The Department of Commerce and Economic Opportunity
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| Community Affairs shall have the power to
promulgate rules and | 23 |
| regulations to carry out the provisions of this
Section | 24 |
| including procedures for complying with the requirements | 25 |
| specified
in subsections (a) and (b)
clauses (1) and (2) of | 26 |
| this Section and procedures
for applying for the exemptions | 27 |
| authorized under this Section; to
define the amounts and types | 28 |
| of eligible investments which
business enterprises must make in | 29 |
| order to receive State utility tax
exemptions pursuant to | 30 |
| Sections 9-222 and 9-222.1 of this Act; to approve
such utility | 31 |
| tax exemptions for business enterprises whose investments are
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| not yet placed in service; and to require that business | 33 |
| enterprises granted
tax exemptions repay the exempted tax | 34 |
| should the business enterprise fail
to comply with the terms | 35 |
| and conditions of the certification. However, no
business | 36 |
| enterprise shall be required, as a condition for certification
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| under subsection (a) or (b)
under clause (3) of this Section , | 2 |
| to attest that its
decision to invest under clause (1) of | 3 |
| subsection (a) or (b)
this Section and
to locate under clause | 4 |
| (2) of subsection (a) and (b)
this Section is predicated
upon | 5 |
| the availability of the exemptions authorized by this Section.
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| A business enterprise shall be exempt, in whole
or in part, | 7 |
| 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 | 9 |
| subsections (a) or (b)
clauses (1) through (3) of this Section | 10 |
| and
the municipality has adopted an ordinance authorizing the
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| exemption under paragraph (e) of Section 8-11-2 of the Illinois | 12 |
| Municipal
Code. Upon certification of the business enterprises | 13 |
| by the
Department of Commerce and Economic Opportunity
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| Community Affairs , the Department of Commerce
and Economic | 15 |
| Opportunity
Community Affairs shall notify the Department of | 16 |
| Revenue of such
certification. The Department of Revenue shall | 17 |
| notify the public utilities
of the exemption status of business | 18 |
| enterprises from the pass-on charges of
State and municipal | 19 |
| utility taxes. Such exemption status shall be
effective within | 20 |
| 3 months after certification of the business enterprise.
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| (Source: P.A. 91-567, eff. 8-14-99; 92-777, eff. 1-1-03; | 22 |
| revised 12-6-03.)
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| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
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