Bill Text: IL HB5014 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Retailers' Occupation Tax Act. Provides that a business enterprise is not eligible for the high impact facility exemption for a period of more than 25 years from the date of the issuance of the certification of eligibility for that exemption. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2013-01-08 - Session Sine Die [HB5014 Detail]
Download: Illinois-2011-HB5014-Amended.html
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1 | AMENDMENT TO HOUSE BILL 5014
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2 | AMENDMENT NO. ______. Amend House Bill 5014 on page 1, line | ||||||
3 | 5, by replacing "Section 1i" with "Sections 1f and 1i"; and
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4 | on page 1, immediately below line 5, by inserting the | ||||||
5 | following:
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6 | "(35 ILCS 120/1f) (from Ch. 120, par. 440f)
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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:
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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
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2 | (2) are located in an Enterprise Zone established | ||||||
3 | pursuant to the
Illinois Enterprise Zone Act; and
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4 | (3) are certified by the Department of Commerce and | ||||||
5 | Economic Opportunity as
complying with the requirements | ||||||
6 | specified in clauses (1), (2) and (3).
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7 | Any business enterprise seeking to avail itself of the | ||||||
8 | exemptions stated
in Sections 1d or 1e, or both, shall make | ||||||
9 | application to the Department of
Commerce and Economic | ||||||
10 | Opportunity in such form and providing such information
as may | ||||||
11 | be prescribed by the Department of Commerce and Economic | ||||||
12 | Opportunity.
However, no business enterprise shall be | ||||||
13 | required, as a condition for
certification under clause (4) of | ||||||
14 | this Section, to attest that its decision
to invest under | ||||||
15 | clause (1) of this Section and to locate under clause (2)
of | ||||||
16 | this Section is predicated upon the availability of the | ||||||
17 | exemptions
authorized by Sections 1d or 1e.
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18 | The Department of Commerce and Economic Opportunity shall | ||||||
19 | determine whether
the business enterprise meets the criteria | ||||||
20 | prescribed in this Section. If
the Department of Commerce and | ||||||
21 | Economic Opportunity determines that such
business enterprise | ||||||
22 | meets the criteria, it shall issue a certificate of
eligibility | ||||||
23 | for exemption to the business enterprise in such form as is
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24 | prescribed by the Department of Revenue. The Department of | ||||||
25 | Commerce and
Economic Opportunity shall act upon such | ||||||
26 | certification requests within 60 days
after receipt of the |
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1 | application, and shall file with the Department of
Revenue a | ||||||
2 | copy of each certificate of eligibility for exemption.
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3 | The Department of Commerce and Economic Opportunity shall | ||||||
4 | have the power to
promulgate rules and regulations to carry out | ||||||
5 | the provisions of this
Section including the power to define | ||||||
6 | the amounts and types of eligible
investments not specified in | ||||||
7 | this Section which business enterprises
must make in order to | ||||||
8 | receive the exemptions stated in Sections 1d and 1e
of this | ||||||
9 | Act; and to require that any business enterprise that is | ||||||
10 | granted a
tax exemption repay the exempted tax if the business | ||||||
11 | enterprise fails to
comply with the terms and conditions of the | ||||||
12 | certification.
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13 | Such certificate of eligibility for exemption shall be | ||||||
14 | presented by the
business enterprise to its supplier when | ||||||
15 | making the initial purchase of
tangible personal property for | ||||||
16 | which an exemption is granted by Section 1d or
Section 1e, or | ||||||
17 | both, together with a certification by the business enterprise
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18 | that such tangible personal property is exempt from taxation | ||||||
19 | under Section
1d or Section 1e and by indicating the exempt | ||||||
20 | status of each subsequent
purchase on the face of the purchase | ||||||
21 | order.
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22 | The Department of Commerce and Economic Opportunity shall | ||||||
23 | determine the
period during which such exemption from the taxes | ||||||
24 | imposed under this Act is
in effect which shall not exceed 20 | ||||||
25 | years , except for a business certified by the Department as a | ||||||
26 | High Impact Service Facility, in which case the exemption shall |
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1 | not exceed 25 years .
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2 | (Source: P.A. 94-793, eff. 5-19-06.)".
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