92nd General Assembly
Summary of SB0724
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Senate Sponsors:
SHAW-O'MALLEY-JACOBS.

House Sponsors:
MURPHY

Short description: 
UTIL QUALIFIED SOLID WSTE-TAX                                              

Synopsis of Bill as introduced:
        Amends the Public Utilities Act.  Makes a technical change  in  a      
   Section  concerning  tax  credits  related  to  qualified  solid waste      
   facilities.                                                                 
        SENATE AMENDMENT NO. 1.                                                
        With regard to the administration and collection of  the  tax  on      
   the  sale  of  electricity  by  certain  qualified  solid waste energy      
   facilities to  electric utilities, provides that certain provisions of      
   the Retailer's Occupation Tax Act and the Uniform Penalty and Interest      
   Act shall apply to the extent practical.  Adds an immediate  effective      
   date.                                                                       
        SENATE AMENDMENT NO. 3.                                                
        Deletes everything after the enacting clause.  Amends the  Public      
   Utilities  Act.  Provides that a qualified solid waste energy facility      
   that fails to timely file the requisite form and payment  as  required      
   by provisions concerning the filing of the form and payment of the tax      
   imposed on the sale of electricity by the facility shall be subject to      
   penalties  and  interest  in  conformance  with  the provisions of the      
   Illinois Uniform  Penalty  and  Interest  Act.   Provides  that  every      
   qualified  solid  waste  energy facility subject to the payment of the      
   tax imposed on the sale of electricity by the facility shall keep  and      
   maintain  records  and  books  of  its sales and that, for purposes of      
   enforcement, all such books and records shall be subject to inspection      
   by the  Department  of  Revenue  or  its  duly  authorized  agents  or      
   employees.   Authorizes  the  Department to employ certain enforcement      
   powers as authorized in the Retailers' Occupation Tax  Act.   Provides      
   that  when  a  qualified  solid waste energy facility makes a late tax      
   payment,  that  payment  shall  be  attributed  to   the   month   and      
   corresponding  quarter  in  which  the  payment should have been made.      
   Authorizes  the  Department  to  adopt  rules   to   implement   these      
   provisions. Effective immediately.                                          
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that, beginning on the effective date of this amendatory      
   Act of the 92nd General  Assembly,  a  qualified  solid  waste  energy      
   facility  must file with the Department of Revenue the form concerning      
   the payment of the tax imposed on  the  sale  of  electricity  by  the      
   facility  before  the  15th  of  each  month regardless of whether the      
   facility received any payment in the previous month.  Provides that no      
   tax lien may be imposed or  enforced  by  the  Department  of  Revenue      
   against  a  qualified  solid waste energy facility unless the facility      
   fails to make the payment required.  Provides that, only to the extent      
   necessary and for  the  purpose  of  enforcing  provisions  concerning      
   payment  of  the  tax,  the Department of Revenue may secure necessary      
   information from a qualified solid waste energy facility in the manner      
   authorized.  Changes  the  criteria  under  which  a  municipality  is      
   eligible for  the  distribution  of  the  tax  collected  under  these      
   provisions from one that has within its boundaries an incinerator that      
   "uses" municipal waste as its primary fuel to generate electricity, to      
   one  that  has  within its boundaries an incinerator that "uses or, on      
   the effective date of Public Act 90-813, used" municipal waste as  its      
   primary fuel to generate electricity.                                       
 
Last action on Bill: PUBLIC ACT.............................. 92-0435

   Last action date: AUG-17-2001

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


   END OF INQUIRY 




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