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90_SB0804ham002
LRB9002646KDksam01
1 AMENDMENT TO SENATE BILL 804
2 AMENDMENT NO. . Amend Senate Bill 804 on page 12,
3 below line 24, by inserting the following:
4 "Section 25. The Public Utilities Act is amended by
5 adding Section 9-222.4 as follows:
6 (220 ILCS 5/9-222.4 new)
7 Sec. 9-222.4. Exemption for business enterprises
8 adjacent to an enterprise zone. A business enterprise that
9 is located adjacent to an area designated by a county or
10 municipality as an enterprise zone under the Illinois
11 Enterprise Zone Act shall be exempt from the additional
12 charges added to the business enterprise's utility bills as a
13 pass-on of State utility taxes under Section 9-222 of this
14 Act to the extent such charges are exempted by the percentage
15 specified by the Department of Commerce and Community
16 Affairs, provided such business enterprise meets the
17 following criteria:
18 (1) it makes investments that cause the creation of
19 a minimum of 150 full-time equivalent jobs in a county
20 with a population of 125,000 or less;
21 (2) it is located adjacent to an enterprise zone or
22 has a portion of its property located in an enterprise
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1 zone established under the Illinois Enterprise Zone Act;
2 and
3 (3) it is certified by the Department of Commerce
4 and Community Affairs as complying with the requirements
5 specified in clauses (1) and (2) of this Section.
6 The Department of Commerce and Community Affairs shall
7 determine the period during which such exemption from the
8 charges imposed under Section 9-222 is in effect and shall
9 specify the percentage of the exemption from State utility
10 taxes. This exemption shall be available until December 31,
11 2003.
12 The Department of Commerce and Community Affairs shall
13 have the power to promulgate rules and regulations to carry
14 out the provisions of this Section including procedures for
15 complying with the requirements specified in clauses (1) and
16 (2) of this Section and procedures for applying for the
17 exemptions authorized under this Section; to define the
18 amounts and types of eligible investments which business
19 enterprises must make in order to receive State utility tax
20 exemptions pursuant to Section 9-222 of this Act; to approve
21 such utility tax exemptions for business enterprises whose
22 investments are not yet placed in service; and to require
23 that business enterprises granted tax exemptions repay the
24 exempted tax should the business enterprise fail to comply
25 with the terms and conditions of the certification. However,
26 no business enterprise shall be required, as a condition for
27 certification under clause (3) of this Section, to attest
28 that its decision to invest under clause (1) of this Section
29 and to locate under clause (2) of this Section is predicated
30 upon the availability of the exemptions authorized by this
31 Section.
32 Upon certification of the business enterprises by the
33 Department of Commerce and Community Affairs, the Department
34 of Commerce and Community Affairs shall notify the Department
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1 of Revenue of such certification. The Department of Revenue
2 shall notify the public utilities of the exemption status of
3 business enterprises from the pass-on charges of State
4 utility taxes. Such exemption status shall be effective
5 within 3 months after certification of the business
6 enterprise.".