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(35 ILCS 120/1k) (from Ch. 120, par. 440k)
Sec. 1k. Aircraft maintenance facility means a facility operated by an
interstate carrier for hire that is used primarily for the maintenance,
rebuilding or repair of aircraft, aircraft parts and auxiliary equipment
owned or leased by that carrier and used by that carrier as rolling stock
moving in interstate commerce, and which: (1) will make an investment by
the interstate carrier for hire of $400,000,000 or more in an enterprise
zone; (2) will cause the creation of at least 5,000 full-time jobs in that
enterprise zone; (3) is located in a county with population not less than
150,000 and not more than 200,000 and that contains 3 enterprise zones as
of December 31, 1990; (4) enters into a legally binding agreement with the
Department of Commerce and Economic Opportunity to comply with clauses (1) and
(2) of this paragraph within a time period specified in the rules and
regulations promulgated pursuant to this Section; and (5) is certified by
the Department of Commerce and Economic Opportunity to be in compliance with
clauses (1), (2), (3) and (4) of this Section. Any aircraft maintenance
facility applying for the exemption stated in this Section shall make
application to the Department of Commerce and Economic Opportunity in such
form and providing such information as may be prescribed by the Department
of Commerce and Economic Opportunity.
The Department of Commerce and Economic Opportunity shall determine whether
the facility meets the criteria prescribed in this Section. If the
Department of Commerce and Economic Opportunity determines
that the facility meets the criteria, it shall issue a certificate of
eligibility for exemption in the form prescribed by the Department of
Revenue to the business enterprise operating the facility. The Department
of Commerce and Economic Opportunity shall act upon certification request
within 60 days after receipt of application, and shall file with the
Department of Revenue a copy of each certificate of eligibility for exemption.
The Department of Commerce and Economic Opportunity shall promulgate rules
and regulations to carry out the provisions of this Section, and to require
that any business enterprise that is granted a tax exemption pay the
exempted tax to the Department of Revenue if the business enterprise fails
to comply with the terms and conditions of the certification, and pay all
penalties and interest on that exempted tax as determined by the
Department of Revenue.
The certificate of eligibility for exemption shall be presented by the
business enterprise to its supplier when making the initial purchase of
machinery and equipment for which an exemption is granted by Section 1m or
Section 1n of this Act, or both, together with a certification by the
business enterprise that the machinery and equipment is exempt from
taxation under Section 1m or 1n of this Act. The exempt status, if any, of
each subsequent purchase shall be indicated on the face of the purchase order.
(Source: P.A. 94-793, eff. 5-19-06.)
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