97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5896

 

Introduced 2/16/2012, by Rep. Roger L. Eddy

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 5/223 new
415 ILCS 120/45
815 ILCS 365/5 new

    Amends the Motor Fuel Sales Act. Requires that, no later than December 31, 2016, there must be installed, at each gasoline station or service station, one or more new flex fuel dispensing pumps. Provides that the Department of Revenue shall impose a civil penalty of $100 per day upon the owner of any gasoline station or service station that does not comply with this requirement. Amends the Illinois Income Tax Act. Creates a tax credit, for taxable years ending on or after December 31, 2012 and on or before December 30, 2021, for taxpayers who install a new flex fuel dispensing pump at a gasoline station or service station in Illinois during the taxable year in the amount equal to the cost of that installation. Provides that the credit: (i) may not exceed $80,000 per pump; (ii) may not be claimed in any one taxable year in an amount exceeding $20,000 per pump, but any excess amount may be carried forward; and (iii) may not be claimed with respect to the installation of more than one flex fuel dispensing pump at any one station. Provides that the credit may be carried forward for 4 years. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning motor fuel.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Income Tax Act is amended by adding
5Section 223 as follows:
 
6    (35 ILCS 5/223 new)
7    Sec. 223. Tax credit for installing flex fuel dispensing
8pumps.
9    (a) If, during a taxable year ending on or after December
1031, 2012 and ending on or before December 30, 2021, a taxpayer
11installs a new flex fuel dispensing pump at his or her gasoline
12station or service station in Illinois, then, subject to the
13limitations set forth in this Section, the taxpayer is entitled
14to a credit against the tax imposed by subsections (a) and (b)
15of Section 201 in an amount equal to the cost of that
16installation, but not to exceed $80,000 per pump.
17    (b) The credit under this Section:
18        (1) may not be claimed in any one taxable year in an
19    amount exceeding $20,000 per pump; however, an amount
20    exceeding $20,000 per pump, but not exceeding $80,000 per
21    pump, may be carried forward under subsection (e); and
22        (2) may not be claimed with respect to the installation
23    of more than one flex fuel dispensing pump at any one

 

 

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1    gasoline station or service station.
2    (c) For purposes of this Section "flex fuel dispensing
3pump" means a blender pump that dispenses a variety of ethanol
4fuel blends, including, but not limited to, E10, E20, E30, and
5E85.
6    (d) For partners, shareholders of Subchapter S
7corporations, and owners of limited liability companies, if the
8limited liability company is treated as a partnership for
9purposes of federal and State income taxation, there is allowed
10a credit under this Section to be determined in accordance with
11the determination of income and distributive share of income
12under Sections 702 and 704 and Subchapter S of the Internal
13Revenue Code of 1986.
14    (e) The credit may not be carried back. If the amount of
15the credit in any taxable year exceeds the lesser of (i)
16$20,000 or (ii) the tax liability for the year, then the excess
17credit amounts may be carried forward and applied to the tax
18liability of the 4 taxable years following the excess credit
19year. The tax credit must be applied to the earliest year for
20which there is a tax liability. If there are credits for more
21than one year that are available to offset a liability, the
22earlier credit must be applied first.
 
23    Section 10. The Alternate Fuels Act is amended by changing
24Section 45 as follows:
 

 

 

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1    (415 ILCS 120/45)
2    Sec. 45. Alternate Fuels Fund; creation; deposit of user
3fees. A separate fund in the State Treasury called the
4Alternate Fuels Fund is created, into which shall be
5transferred the user fees as provided in Section 35 and any
6other revenues, penalties, deposits, State appropriations,
7contributions, grants, gifts, bequests, legacies of money and
8securities, or transfers as provided by law from, without
9limitation, governmental entities, private sources,
10foundations, trade associations, industry organizations, and
11not-for-profit organizations.
12(Source: P.A. 92-858, eff. 1-3-03.)
 
13    Section 15. The Motor Fuel Sales Act is amended by adding
14Section 5 as follows:
 
15    (815 ILCS 365/5 new)
16    Sec. 5. Flex fuel pump required. No later than December 31,
172016, there must be installed, at each gasoline station or
18service station to which this Act applies, one or more new flex
19fuel dispensing pumps. For purposes of this Section "flex fuel
20dispensing pump" means a blender pump that dispenses a variety
21of ethanol fuel blends, including, but not limited to, E10,
22E20, E30, and E85. The Department of Revenue shall impose a
23civil penalty of $100 per day upon the owner of any gasoline
24station or service station that is not in compliance with this

 

 

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1Section. The Attorney General may bring an action in the
2circuit court to enforce the collection of a monetary penalty
3imposed under this Section. Moneys collected from the civil
4penalty imposed under this Section shall be deposited into the
5Alternate Fuels Fund.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.