House Sponsors: STEPHENS-HOLBROOK-NOVAK-SCOTT-FANTIN, ERWIN, MITCHELL, REITZ, CURRY,JULIE AND BOLAND. Senate Sponsors: PETERSON-WELCH Short description: EPA-BROWNFIELDS PROJECT Synopsis of Bill as introduced: Amends the Environmental Protection Act. Creates a new Title of the Act relating to the Brownfields Rehabilitation and Redevelopment Program. Provides that the Department of Commerce and Community Affairs shall administer a program that encourages private sector voluntary remediation of environmentally-distressed and underutilized sites that demonstrate the potential to contribute to the economic growth if expanded, rehabilitated, or redeveloped. Provides that the Department, in cooperation with the Environmental Protection Agency, the Department of Agriculture, and the Department of Natural Resources, shall prescribe rules for the implementation of the program. Provides that the provisions of the title are repealed 5 years after the effective date of this amendatory Act. Amends the Illinois Income Tax Act. Creates the Brownfields Remediation Tax Credit. Provides that the credit is available to each taxpayer that has (1) entered into a development agreement with Department of Commerce and Community Affairs, has received an allocation for the credit, and has received a certificate of eligibility for the credit or (2) is a transferee of the credit. Provides that the Department of Commerce and Community Affairs shall determine the amount of the credit. Provides that the credit shall be in an amount equal to the lesser of (1) 100% of the remediation costs expended for an approved Brownfields project or (2) 100% of the projected present value of new State tax revenue generated by an approved Brownfields project. Exempts this credit from the sunset provisions. Creates the Small Business Remediation Tax Credit for taxpayers that employ no more than 50 employees and undertake the expansion, rehabilitation, or redevelopment of a Brownfields site project that generates measurable economic growth resulting in either a revenue neutral benefit or a net fiscal benefit. Provides that the Department of Revenue and the Department of Commerce and Community Affairs shall adopt a tax credit schedule. Provides that this credit is available for tax years beginning on or after January 1, 1997. Sunsets this credit after 5 years. Provides that the Brownfields Remediation Tax Credit and the Small Business Remediation Tax Credit may not be taken together. Makes other changes. Effective immediately. SENATE AMENDMENT NO. 1. Deletes reference to: 35 ILCS 5/211 new 35 ILCS 5/212 new 415 ILCS 5/Title XVIII heading new 415 ILCS 5/59 new 415 ILCS 5/59.1 new 415 ILCS 5/59.2 new 415 ILCS 5/59.3 new 415 ILCS 5/59.4 new 415 ILCS 5/59.5 new 415 ILCS 5/59.6 new 415 ILCS 5/59.7 new 415 ILCS 5/59.8 new 415 ILCS 5/59.9 new Adds reference to: 35 ILCS 5/301 from Ch. 120, par. 3-301 35 ILCS 5/304 from Ch. 120, par. 3-304 35 ILCS 5/704 from Ch. 120, par. 7-704 35 ILCS 105/19 from Ch. 120, par. 439.19 35 ILCS 115/19 from Ch. 120, par. 439.119 35 ILCS 200/14-15 35 ILCS 200/9-195 35 ILCS 200/10-230 new 35 ILCS 200/15-100 35 ILCS 630/2 from Ch. 120, par. 2002 35 ILCS 635/10 35 ILCS 635/15 35 ILCS 635/20 35 ILCS 635/22 new 35 ILCS 635/24 new 35 ILCS 635/25 35 ILCS 635/27 new 35 ILCS 635/27.5 new 35 ILCS 635/27.10 new 35 ILCS 635/27.15 new 35 ILCS 635/27.20 new 35 ILCS 635/27.25 new 35 ILCS 635/27.30 new 35 ILCS 635/27.35 new 35 ILCS 635/27.40 new 35 ILCS 635/27.45 new 35 ILCS 635/27.50 new 35 ILCS 635/27.55 new 55 ILCS 5/5-1006.5 65 ILCS 5/8-11-2 from Ch. 24, par. 8-11-2 65 ILCS 5/8-11-6 from Ch. 24, par. 8-11-6 65 ILCS 5/8-11-17 from Ch. 24, par. 8-11-17 220 ILCS 5/2-202 from Ch. 111 2/3, par. 2-202 35 ILCS 110/19 rep. Deletes everything. Amends the Telecommunications Excise Tax Act, the Illinois Municipal Code, and the Public Utilities Act to exclude from the definitions of "gross receipts" or "gross revenue" amounts paid by telecommunications retailers under the Telecommunications Municipal Infrastructure Maintenance Fee Act (now exclusions appear in Telecommunications Municipal Infrastructure Maintenance Fee Act). Amends the Telecommunications Municipal Infrastructure Maintenance Fee Act. Requires telecommunications retailers to obtain a certificate of registration with the Department of Revenue. Allows the Department to cancel, suspend, or revoke the certificate in certain situations. Provides procedures for filing and processing returns under the Act. Provides for investigations and hearings under the Act. Provides that the Department may promulgate rules and regulations relating to the administration and enforcement of the State infrastructure maintenance fee and the optional infrastructure maintenance fee. Provides that failure to make a return or making a fraudulent return is a business offense and shall carry a fine of not less than $1,000 nor more than $7,500. Further amends the Illinois Income Tax Act. Provides that in the case of a nonresident trust, unspecified items of income or deductions taken into account in computing base income and not otherwise allocated shall not be allocated to the State (now are allocated to this State if the taxpayer had commercial domicile in the State when the item was paid, incurred, or accrued). For purposes of withholding tax from a person engaged in domestic service employment, provides that the employer may (now shall) file an annual return and pay the taxes on or before the 15th day of the fourth month following the close of the employer's taxable year. Provides that the return may be filed with the employer's individual income tax return. Amends the Illinois Municipal Code to provide that telecommunications taxes that are reduced or eliminated by a municipality with respect to a person age 65 or older shall be rebated directly by the municipality. Amends the Use Tax Act to make a cross reference to the Retailers' Occupation Tax Act. Amends the Service Occupation Tax Act to provide that if the Department of Revenue and taxpayer have agreed to an extension of time to issue a notice of tax liability, the claim may be filed at any time prior to the expiration of the period agreed upon. Amends the Special County Retailers' Occupation Tax for Public Safety in the Counties Code to make cross references to the Retailers' Occupation Tax Act. Amends the Home Rule Municipal Use Tax Act in the Illinois Municipal Code to provide that certain provisions of the Retailers' Occupation Tax Act that don't apply to this Act shall now apply. Repeals superfluous language in the Service Use Tax Act. Amends the Property Tax Code if and only if the provisions of Senate Bill 51 of the 90th General Assembly become law. Allows the county treasurer to mark the tax books to reflect the issuance of a homestead certificate of error issued to and including 3 years after the date on which the annual judgment and order of sale for that tax year was first entered (now 3 years after the first day of January of the year after the year for which the homestead exemption should have been allowed). Amends the Property Tax Code. Provides that in property owned by certain transportation authorities and used for public transportation purposes shall be exempt. Provides that this exemption shall not be affected by any lease or transfer of the property to another by the eligible transportation authority if the eligible transportation authority immediately receives by leaseback or other agreement the right to use, control, and possess the property. Provides that the eligible transportation authority shall notify the chief county assessment officer of any such transaction and the chief county assessment officer shall determine initial and continuing compliance with the exemption requirements. Provides that these amendatory provisions are declaratory of existing law. Creates the Electric Utility Property Assessment Task Force to advise the General Assembly with respect to the possible impact of the Electric Service Customer Choice and Rate Relief Law of 1997 on the valuation of the real property component of electric generating stations owned by electric utilities and, therefore, on the taxing districts in this State in which electric generating stations are located. Makes other changes. Effective immediately. Last action on Bill: PUBLIC ACT.............................. 90-0562 Last action date: 97-12-16 Location: House Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 0 SENATE - 1 END OF INQUIRY Full Text Bill Status