Full Text of SB1623 96th General Assembly
SB1623ham002 96TH GENERAL ASSEMBLY
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Rep. Frank J. Mautino
Filed: 5/29/2009
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09600SB1623ham002 |
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LRB096 07700 HLH 27716 a |
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| AMENDMENT TO SENATE BILL 1623
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| AMENDMENT NO. ______. Amend Senate Bill 1623, AS AMENDED, | 3 |
| by replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Gas Use Tax Law is amended by changing | 6 |
| Section 5-40 as follows:
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| (35 ILCS 173/5-40)
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| Sec. 5-40. Incorporation of applicable Sections. The | 9 |
| Department shall
have
full power to administer and enforce this | 10 |
| Law; to collect all taxes, penalties,
and interest
due | 11 |
| hereunder; to dispose of taxes, penalties, and interest so | 12 |
| collected in the
manner
hereinafter provided; and to determine | 13 |
| all rights to credit memoranda or
refunds
arising
on account of | 14 |
| the erroneous payment of tax, penalty, or interest hereunder. | 15 |
| In
the
administration of, and compliance with, this Section, | 16 |
| the Department and
persons
who
are subject to this Section |
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LRB096 07700 HLH 27716 a |
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| shall have the same rights, remedies, privileges,
immunities,
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| powers, and duties, be subject to the same conditions, | 3 |
| restrictions,
limitations,
penalties, and definitions of | 4 |
| terms, and employ the same modes of procedure, as
are
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| prescribed in Sections 2, 4, 5, 6, 7, 9 (except provisions | 6 |
| relating to
transaction returns and
except that the due date | 7 |
| for returns shall be the 15th day of each month for
the
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| preceding
calendar month), 10, 11, 12, 12a, 12b, 13, 14, 15, | 9 |
| 18, 19, 20, 21, and 22 of
the
Use Tax
Act, and are not | 10 |
| inconsistent with this Section, as fully as if those
provisions
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| were set
forth herein.
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| Notwithstanding any other provision of this Chapter, a | 13 |
| business enterprise classified under Standard Industrial Code | 14 |
| (SIC) 3221 that (i) was located, on or before November 1, 2005, | 15 |
| in an enterprise zone certified by the Department of Commerce | 16 |
| and Economic Opportunity, (ii) was eligible for an exemption | 17 |
| under item (1) of Section 5-50 of this Act for the entire | 18 |
| period of November 1, 2005, through October 31, 2008, (iii) was | 19 |
| entitled to a refund of at least $75,000 during any 6-month | 20 |
| period between November 1, 2005 and October 31, 2008, and (iv) | 21 |
| paid the tax due under this Act for the period from November 1, | 22 |
| 2005 through October 31, 2008, may request that the public | 23 |
| utility file an amended return or returns with the Department | 24 |
| reflecting the entire credit due to the business enterprise, | 25 |
| and the utility shall file that amended return or returns. The | 26 |
| business enterprise must make a written request to the public |
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LRB096 07700 HLH 27716 a |
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| utility within 15 days after the effective date of this | 2 |
| amendatory Act of the 96th General Assembly. The utility must | 3 |
| file the amended return or returns within 45 days after | 4 |
| receiving the request. | 5 |
| (Source: P.A. 93-31, eff. 10-1-03.)
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| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
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