Sen. Michael W. Frerichs
Filed: 3/8/2010
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 3659




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    AMENDMENT NO. ______. Amend Senate Bill 3659, AS AMENDED, 
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with reference to page and line numbers of Senate Amendment No. 
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1, on page 2, line 19, by replacing "10" with "20"; and
 
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on page 2, by replacing lines 20 through 24 with "calendar 
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years."; and
 
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on page 4, immediately below line 26, by inserting the 
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following:

 
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    "Section 7. The Retailers' Occupation Tax Act is amended  by 
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changing Section 1f as follows:
 
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    (35 ILCS 120/1f)  (from Ch. 120, par. 440f)
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    Sec. 1f. Except for High Impact Businesses, the exemption 
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stated in
Sections 1d and 1e of this Act shall only apply to 
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business enterprises which:
 


 






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        (1) either (i) make investments which cause the 
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    creation of a minimum of
200 full-time equivalent jobs in 
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    Illinois or (ii) make investments which
cause the retention 
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    of a minimum of 2000 full-time jobs in Illinois or
(iii) 
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    make investments of a minimum of $40,000,000 and retain at 
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    least
90% of the jobs in place on the date on which the 
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    exemption is granted and
for the duration of the exemption; 
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    and
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        (2) are located in an Enterprise Zone established 
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    pursuant to the
Illinois Enterprise Zone Act; and
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        (3) are certified by the Department of Commerce and 
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    Economic Opportunity as
complying with the requirements 
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    specified in clauses (1), (2) and (3).
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    Any business enterprise seeking to avail itself of the 
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exemptions stated
in Sections 1d or 1e, or both, shall make 
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application to the Department of
Commerce and Economic 
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Opportunity in such form and providing such information
as may 
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be prescribed by the Department of Commerce and Economic 
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Opportunity.
However, no business enterprise shall be 
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required, as a condition for
certification under clause (4) of 
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this Section, to attest that its decision
to invest under 
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clause (1) of this Section and to locate under clause (2)
of 
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this Section is predicated upon the availability of the 
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exemptions
authorized by Sections 1d or 1e.
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    The Department of Commerce and Economic Opportunity shall 
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determine whether
the business enterprise meets the criteria 
 


 






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prescribed in this Section.  If
the Department of Commerce and 
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Economic Opportunity determines that such
business enterprise 
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meets the criteria, it shall issue a certificate of
eligibility 
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for exemption to the business enterprise in such form as is

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prescribed by the Department of Revenue.  The Department of 
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Commerce and
Economic Opportunity shall act upon such 
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certification requests within 60 days
after receipt of the 
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application, and shall file with the Department of
Revenue a 
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copy of each certificate of eligibility for exemption.
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    The Department of Commerce and Economic Opportunity shall 
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have the power to
promulgate rules and regulations to carry out 
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the provisions of this
Section including the power to define 
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the amounts and types of eligible
investments not specified in 
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this Section which business enterprises
must make in order to 
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receive the exemptions stated in Sections 1d and 1e
of this 
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Act; and to require that any business enterprise that is 
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granted a
tax exemption repay the exempted tax if the business 
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enterprise fails to
comply with the terms and conditions of the 
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certification.
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    Such certificate of eligibility for exemption shall be 
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presented by the
business enterprise to its supplier when 
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making the initial purchase of
tangible personal property for 
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which an exemption is granted by Section 1d or
Section 1e, or 
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both, together with a certification by the business enterprise

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that such tangible personal property is exempt from taxation 
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under Section
1d or Section 1e and by indicating the exempt 
 


 






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status of each subsequent
purchase on the face of the purchase 
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order.
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    The Department of Commerce and Economic Opportunity shall 
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determine the
period during which such exemption from the taxes 
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imposed under this Act is
in effect which shall not exceed 50 
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20 years.
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(Source: P.A. 94-793, eff. 5-19-06.)"; and

 
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on page 7, line 2, by replacing "40" with "50"; and
 
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on page 7, line 7, by replacing "30" with "50 30".