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| Public Act 096-0716 |
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AN ACT concerning utilities.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Public Utilities Act is amended by changing | ||||
Section 9-222.1 as follows:
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(220 ILCS 5/9-222.1) (from Ch. 111 2/3, par. 9-222.1)
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Sec. 9-222.1. A business enterprise which is located within | ||||
an area
designated by a county or municipality as an enterprise | ||||
zone pursuant to
the Illinois Enterprise Zone Act or located in | ||||
a federally designated
Foreign Trade Zone or Sub-Zone shall be | ||||
exempt from the additional charges
added to the business | ||||
enterprise's utility bills as a pass-on of municipal
and State | ||||
utility taxes under Sections 9-221 and 9-222 of this Act, to
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the extent such charges are exempted by ordinance adopted in | ||||
accordance
with paragraph (e) of Section 8-11-2 of the Illinois | ||||
Municipal Code in the
case of municipal utility taxes, and to | ||||
the extent such
charges are exempted by the percentage | ||||
specified by the Department of
Commerce and Economic | ||||
Opportunity in the case of State utility taxes, provided
such | ||||
business enterprise meets the following criteria:
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(1) it either (i) makes investments which cause the | ||||
creation of a
minimum of 200 full-time equivalent jobs in | ||||
Illinois; (ii) makes investments
of at least $175,000,000 | ||||
which cause the creation of a minimum of 150 full-time
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equivalent jobs in Illinois; or (iii) makes investments | ||
that cause the retention of a minimum of 300 full-time | ||
equivalent jobs in the manufacturing sector, as defined by | ||
the North American Industry Classification System, in an | ||
area in Illinois in which the unemployment rate is above 9% | ||
and makes an application to the Department within 3 months | ||
after the effective date of this amendatory Act of the 96th | ||
General Assembly and certifies relocation of the 300 | ||
full-time equivalent jobs within 36 months after the | ||
application; or (iv) makes
investments which cause the | ||
retention of a minimum of 1,000 full-time jobs
in Illinois; | ||
and
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(2) it is either (i) located in an Enterprise Zone | ||
established
pursuant to the Illinois Enterprise Zone Act or | ||
(ii) it is
located in a federally designated Foreign Trade | ||
Zone or Sub-Zone and is
designated a High Impact Business | ||
by the Department of Commerce and
Economic Opportunity; and
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(3) it is certified by the Department of Commerce and | ||
Economic Opportunity as complying with the requirements | ||
specified in clauses (1) and (2)
of this Section.
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The Department of Commerce and Economic Opportunity shall | ||
determine the
period during which such exemption from the | ||
charges imposed under Section
9-222 is in effect which shall
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not exceed 30 years or the certified term of the enterprise | ||
zone,
whichever period is shorter, except that the exemption | ||
period for a business enterprise qualifying under item (iii) of | ||
clause (1) of this Section shall not exceed 30 years.
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The Department of Commerce and Economic Opportunity shall | ||
have the power to
promulgate rules and regulations to carry out | ||
the provisions of this
Section including procedures for | ||
complying with the requirements specified
in clauses (1) and | ||
(2) of this Section and procedures
for applying for the | ||
exemptions authorized under this Section; to
define the amounts | ||
and types of eligible investments which
business enterprises | ||
must make in order to receive State utility tax
exemptions | ||
pursuant to Sections 9-222 and 9-222.1 of this Act; to approve
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such utility tax exemptions for business enterprises whose | ||
investments are
not yet placed in service; and to require that | ||
business enterprises granted
tax exemptions repay the exempted | ||
tax should the business enterprise fail
to comply with the | ||
terms and conditions of the certification. However, no
business | ||
enterprise shall be required, as a condition for certification
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under clause (3) of this Section, to attest that its
decision | ||
to invest under clause (1) of this Section and
to locate under | ||
clause (2) of this Section is predicated
upon the availability | ||
of the exemptions authorized by this Section.
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A business enterprise shall be exempt, in whole
or in part, | ||
from the pass-on charges of municipal utility taxes imposed
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under Section 9-221, only if it meets the criteria
specified in | ||
clauses (1) through (3) of this Section and
the municipality | ||
has adopted an ordinance authorizing the
exemption under | ||
paragraph (e) of Section 8-11-2 of the Illinois Municipal
Code. | ||
Upon certification of the business enterprises by the
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Department of Commerce and Economic Opportunity, the | ||
Department of Commerce
and Economic Opportunity shall notify | ||
the Department of Revenue of such
certification. The Department | ||
of Revenue shall notify the public utilities
of the exemption | ||
status of business enterprises from the pass-on charges of
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State and municipal utility taxes. Such exemption status shall | ||
be
effective within 3 months after certification of the | ||
business enterprise.
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(Source: P.A. 94-793, eff. 5-19-06.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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