Bill Amendment: IL HB0160 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REVENUE-TECH

Status: 2019-01-08 - Session Sine Die [HB0160 Detail]

Download: Illinois-2017-HB0160-House_Amendment_002.html

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Rep. Michael J. Zalewski

Filed: 5/24/2017

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AMENDMENT TO HOUSE BILL 160
AMENDMENT NO. ______. Amend House Bill 160, AS AMENDED,
with reference to page and line numbers of House Amendment No.
1, on page 14, immediately below line 15, by inserting the
following:
"(g) Allocation rounds enabled by this Act shall be applied
for according to the following schedule:
(1) on January 2, 2019, $125,000,000 of qualified
equity investments; and
(2) on January 2, 2020, $125,000,000 of qualified
equity investments."; and
on page 18, line 7, after "business.", by inserting "This
Section is not intended to affect ownership or affiliate
interests that arise following the sixth anniversary of the
issuance of the qualified equity investment."; and
on page 19, by replacing lines 4 through 20 with the following:

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"(20 ILCS 663/55 new)
Sec. 55. Annual report. Each qualified community
development entity shall submit an annual report to the
Department within 45 days after the beginning of each calendar
year during the compliance period. No annual report shall be
due prior to the first anniversary of the initial credit
allowance date. The report shall include, but is not limited
to, the following:
(1) an attestation from an authorized officer of the
qualified community development entity that the entity has
not been the subject of any investigation by a government
agency relating to tax credits or financial services during
the preceding calendar year;
(2) information with respect to all qualified
low-income community investments made by the qualified
community development entity, including:
(A) the date and amount of, and bank statements or
wire transfer reports documenting, such qualified
low-income community investments;
(B) the name, address, and EIN of each qualified
active low-income community business funded by the
qualified community development entity, the number of
persons employed by such business at the time of the
initial investment, and a brief description of the
business, the financing, and community benefits of the

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financing; and
(C) the number of employment positions maintained
by each qualified active low-income community business
as of the date of report or the end of the preceding
calendar year and the average annual salaries of such
positions; and
(D) the total number of employment positions
created and retained as a result of qualified
low-income community investments and the average
annual salaries of those positions; and
(3) any changes with respect to the taxpayers entitled
to claim tax credits with respect to qualified equity
investments issued by the qualified community development
entity since its last report pursuant to this Section.
The qualified community development entity is not required
to provide the annual report set forth in this Section for
qualified low-income community investments that have been
redeemed or repaid."; and
on page 19, line 23, after "221,", by inserting "222,"; and
on page 72, immediately below line 9, by inserting the
following:
"(35 ILCS 5/222)
Sec. 222. Live theater production credit.

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(a) For tax years beginning on or after January 1, 2012 and
beginning prior to January 1, 2022, a taxpayer who has received
a tax credit award under the Live Theater Production Tax Credit
Act is entitled to a credit against the taxes imposed under
subsections (a) and (b) of Section 201 of this Act in an amount
determined under that Act by the Department of Commerce and
Economic Opportunity.
(b) If the taxpayer is a partnership, limited liability
partnership, limited liability company, or Subchapter S
corporation, the tax credit award is allowed to the partners,
unit holders, or shareholders in accordance with the
determination of income and distributive share of income under
Sections 702 and 704 and Subchapter S of the Internal Revenue
Code.
(c) A sale, assignment, or transfer of the tax credit award
may be made by the taxpayer earning the credit within one year
after the credit is awarded in accordance with rules adopted by
the Department of Commerce and Economic Opportunity.
(d) The Department of Revenue, in cooperation with the
Department of Commerce and Economic Opportunity, shall adopt
rules to enforce and administer the provisions of this Section.
(e) The tax credit award may not be carried back. If the
amount of the credit exceeds the tax liability for the year,
the excess may be carried forward and applied to the tax
liability of the 5 tax years following the excess credit year.
The tax credit award shall be applied to the earliest year for

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which there is a tax liability. If there are credits from more
than one tax year that are available to offset liability, the
earlier credit shall be applied first. In no event may a credit
under this Section reduce the taxpayer's liability to less than
zero.
(Source: P.A. 97-636, eff. 6-1-12.)"; and
on page 94, line 20, by replacing "5-65, and 5-70" with "5-65,
5-70, and 5-77"; and
on page 119, by replacing lines 12 through 17 with the
following:
"Noncompliance Date. If the Taxpayer ceases operations at a
project location that is the subject of an Agreement with the
intent to terminate operations in the State, then the Taxpayer
shall be subject to the provisions of the Keep Illinois
Business Act."; and
on page 120, immediately below line 18, by inserting the
following:
"(35 ILCS 10/5-77)
Sec. 5-77. Sunset of new Agreements. The Department shall
not enter into any new Agreements under the provisions of
Section 5-50 of this Act after April 30, 2022 April 30, 2017.
(Source: P.A. 99-925, eff. 1-20-17.)"; and

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on page 120, line 21, by replacing "Section 42" with "Sections
35, 42, and 45"; and
on page 120, immediately below line 21, by inserting the
following:
"(35 ILCS 16/35)
Sec. 35. Issuance of Tax Credit Certificate.
(a) In order to qualify for a tax credit under this Act, an
applicant must file an application, on forms prescribed by the
Department, providing information necessary to calculate the
tax credit, and any additional information as required by the
Department. As part of the application, the applicant must
commit to supplying the Department with the following
information, at a minimum:
(1) an identification of each vendor that provides
goods or services that were included in the accredited
production's Illinois production spending;
(2) the amount of Illinois production spending
attributable to each vendor; and
(3) for each vendor identified under item (1), a
statement as to whether the vendor is a minority-owned
business or a female-owned business, as defined under
Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.

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(b) Upon satisfactory review of the application, the
Department shall issue a Tax Credit Certificate stating the
amount of the tax credit to which the applicant is entitled.
(Source: P.A. 95-720, eff. 5-27-08.)"; and
on page 121, immediately below line 8, by inserting the
following:
"(35 ILCS 16/45)
Sec. 45. Evaluation of tax credit program; reports to the
General Assembly.
(a) The Department shall evaluate the tax credit program.
The evaluation must include an assessment of the effectiveness
of the program in creating and retaining new jobs in Illinois
and of the revenue impact of the program, and may include a
review of the practices and experiences of other states or
nations with similar programs. Upon completion of this
evaluation, the Department shall determine the overall success
of the program, and may make a recommendation to extend,
modify, or not extend the program based on this evaluation.
(b) At the end of each fiscal quarter, the Department must
submit to the General Assembly a report that includes, without
limitation, the following information:
(1) the economic impact of the tax credit program,
including the number of jobs created and retained,
including whether the job positions are entry level,

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management, talent-related, vendor-related, or
production-related;
(2) the amount of film production spending brought to
Illinois, including the amount of spending and type of
Illinois vendors hired in connection with an accredited
production; and
(3) an overall picture of whether the human
infrastructure of the motion picture industry in Illinois
reflects the geographical, racial and ethnic, gender, and
income-level diversity of the State of Illinois.
(c) At the end of each fiscal year, the Department must
submit to the General Assembly a report that includes, without
limitation, the following information:
(1) an identification of each vendor that provided
goods or services that were included in an accredited
production's Illinois production spending and a statement
of whether the vendor is a minority-owned business or a
female-owned business, as defined under Section 2 of the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act;
(2) the aggregate amount paid to all each identified
vendors vendor by the accredited production;
(3) the aggregate amount paid to all identified vendors
that are for each identified vendor, a statement as to
whether the vendor is a minority owned businesses business
or a female owned businesses business, as defined under

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Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act; and
(4) a description of any steps taken by the Department
to encourage accredited productions to use vendors who are
a minority owned business or a female owned business.
(Source: P.A. 95-720, eff. 5-27-08.)"; and
on page 121, line 10, after, "by", by inserting "changing
Sections 10-40 and 10-50 and by"; and
on page 121, immediately below line 10, by inserting the
following:
"(35 ILCS 17/10-40)
Sec. 10-40. Issuance of Tax Credit Award Certificate.
(a) In order to qualify for a tax credit award under this
Act, an applicant must file an application for each accredited
theater production at each of the applicant's qualified
production facilities, on forms prescribed by the Department,
providing information necessary to calculate the tax credit
award and any additional information as reasonably required by
the Department. As part of the application, the applicant must
commit to supplying the Department with the following
information, at a minimum:
(1) an identification of each vendor that provides
goods or services that were included in the accredited

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production's Illinois production spending;
(2) the amount of Illinois production spending
attributable to each vendor; and
(3) for each vendor identified under item (1), a
statement as to whether the vendor is a minority-owned
business or a female-owned business, as defined under
Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
(b) Upon satisfactory review of the application, the
Department shall issue a tax credit award certificate stating
the amount of the tax credit award to which the applicant is
entitled for that tax year and shall contemporaneously notify
the applicant and Illinois Department of Revenue in accordance
with Section 222 of the Illinois Income Tax Act.
(Source: P.A. 97-636, eff. 6-1-12.)
(35 ILCS 17/10-50)
Sec. 10-50. Live theater tax credit award program
evaluation and reports.
(a) The Department's live theater tax credit award
evaluation must include:
(i) an assessment of the effectiveness of the program
in creating and retaining new jobs in Illinois;
(ii) an assessment of the revenue impact of the
program;
(iii) in the discretion of the Department, a review of

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the practices and experiences of other states or nations
with similar programs; and
(iv) an assessment of the overall success of the
program. The Department may make a recommendation to
extend, modify, or not extend the program based on the
evaluation.
(b) At the end of each fiscal quarter, the Department shall
submit to the General Assembly a report that includes, without
limitation:
(i) an assessment of the economic impact of the
program, including the number of jobs created and retained,
and whether the job positions are entry level, management,
vendor, or production related;
(ii) the amount of accredited theater production
spending brought to Illinois, including the amount of
spending and type of Illinois vendors hired in connection
with an accredited theater production; and
(iii) a determination of whether those receiving
qualifying Illinois labor expenditure salaries or wages
reflect the geographical, racial and ethnic, gender, and
income level diversity of the State of Illinois.
(c) At the end of each fiscal year, the Department shall
submit to the General Assembly a report that includes, without
limitation:
(i) the identification of each vendor that provided
goods or services that were included in an accredited

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theater production's Illinois production spending and a
statement of whether the vendor is a minority-owned
business or a female-owned business, as defined under
Section 2 of the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act;
(ii) a statement of (A) the aggregate amount paid to
all each identified vendors vendor by the accredited
theater production and (B) the aggregate amount paid to all
identified vendors that are minority-owned businesses or
female-owned businesses, as defined under Section 2 of the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act and whether the vendor is a minority
or female owned business as defined in Section 2 of the
Business Enterprise for Minorities, Females, and Persons
with Disabilities Act; and
(iii) a description of the steps taken by the
Department to encourage accredited theater productions to
use vendors who are minority or female owned businesses.
(Source: P.A. 97-636, eff. 6-1-12.)"; and
on page 397, line 22, by replacing "Subchapter S corporations"
with "Subchapter S corporations and corporations recognized by
the United States Internal Revenue Service as tax-exempt
organizations under Section 501(c)(3) of the Internal Revenue
Code"; and

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by replacing everything from line 3 on page 390 through line 3
on page 396 with the following:
"Section 35-10. The Limited Liability Company Act is
amended by changing Section 50-10 as follows:
(805 ILCS 180/50-10)
(Text of Section before amendment by P.A. 99-637)
Sec. 50-10. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
(1) Fees for filing documents.
(2) Miscellaneous charges.
(3) Fees for the sale of lists of filings and for
copies of any documents.
(b) The Secretary of State shall charge and collect for all
of the following:
(1) Filing articles of organization (domestic),
application for admission (foreign), and restated articles
of organization (domestic), $150 $500. Notwithstanding the
foregoing, the fee for filing articles of organization
(domestic), application for admission (foreign), and
restated articles of organization (domestic) in connection
with a limited liability company with ability to establish
series pursuant to Section 37-40 of this Act is $400 $750.

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(2) Filing articles of amendment or an amended
application for admission, $50 $150.
(3) Filing articles of dissolution or application for
withdrawal, $5 $100.
(4) Filing an application to reserve a name, $25 $300.
(5) Filing a notice of cancellation of a reserved name,
$5 $100.
(6) Filing a notice of a transfer of a reserved name,
$25 $100.
(7) Registration of a name, $50 $300.
(8) Renewal of registration of a name, $50 $100.
(9) Filing an application for use of an assumed name
under Section 1-20 of this Act, $150 for each year or part
thereof ending in 0 or 5, $120 for each year or part
thereof ending in 1 or 6, $90 for each year or part thereof
ending in 2 or 7, $60 for each year or part thereof ending
in 3 or 8, $30 for each year or part thereof ending in 4 or
9, and a renewal for each assumed name, $150.
(9.5) Filing an application for change of an assumed
name, $25.
(10) Filing an application for change or cancellation
of an assumed name, $5 $100.
(11) Filing an annual report of a limited liability
company or foreign limited liability company, $75 $250, if
filed as required by this Act, plus a penalty if
delinquent. Notwithstanding the foregoing, the fee for

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filing an annual report of a limited liability company or
foreign limited liability company with ability to
establish series is $75 $250 plus $50 for each series for
which a certificate of designation has been filed pursuant
to Section 37-40 of this Act and active on the last day of
the third month preceding the company's anniversary month,
plus a penalty if delinquent.
(12) Filing an application for reinstatement of a
limited liability company or foreign limited liability
company $200 $500.
(13) Filing Articles of Merger, $100 plus $50 for each
party to the merger in excess of the first 2 parties.
(14) Filing an Agreement of Conversion or Statement of
Conversion, $100.
(15) Filing a statement of change of address of
registered office or change of registered agent, or both,
or filing a statement of correction, $25.
(16) Filing a petition for refund, $5 $15.
(17) Filing any other document, $5 $100.
(18) Filing a certificate of designation of a limited
liability company with the ability to establish series
pursuant to Section 37-40 of this Act, $50.
(c) The Secretary of State shall charge and collect all of
the following:
(1) For furnishing a copy or certified copy of any
document, instrument, or paper relating to a limited

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liability company or foreign limited liability company, or
for a certificate, $25.
(2) For the transfer of information by computer process
media to any purchaser, fees established by rule.
(Source: P.A. 97-839, eff. 7-20-12.)
(Text of Section after amendment by P.A. 99-637)
Sec. 50-10. Fees.
(a) The Secretary of State shall charge and collect in
accordance with the provisions of this Act and rules
promulgated under its authority all of the following:
(1) Fees for filing documents.
(2) Miscellaneous charges.
(3) Fees for the sale of lists of filings and for
copies of any documents.
(b) The Secretary of State shall charge and collect for all
of the following:
(1) Filing articles of organization (domestic),
application for admission (foreign), and restated articles
of organization (domestic), $150 $500. Notwithstanding the
foregoing, the fee for filing articles of organization
(domestic), application for admission (foreign), and
restated articles of organization (domestic) in connection
with a limited liability company with a series or the
ability to establish a series pursuant to Section 37-40 of
this Act is $400 $750.

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(2) Filing amendments (domestic or foreign), $50 $150.
(3) Filing a statement of termination or application
for withdrawal, $5 $25.
(4) Filing an application to reserve a name, $25 $300.
(5) Filing a notice of cancellation of a reserved name,
$5 $100.
(6) Filing a notice of a transfer of a reserved name,
$25 $100.
(7) Registration of a name, $50 $300.
(8) Renewal of registration of a name, $50 $100.
(9) Filing an application for use of an assumed name
under Section 1-20 of this Act, $150 for each year or part
thereof ending in 0 or 5, $120 for each year or part
thereof ending in 1 or 6, $90 for each year or part thereof
ending in 2 or 7, $60 for each year or part thereof ending
in 3 or 8, $30 for each year or part thereof ending in 4 or
9, and a renewal for each assumed name, $150.
(9.5) Filing an application for change of an assumed
name, $25.
(10) Filing an application for change or cancellation
of an assumed name, $5 $100.
(11) Filing an annual report of a limited liability
company or foreign limited liability company, $75 $250, if
filed as required by this Act, plus a penalty if
delinquent. Notwithstanding the foregoing, the fee for
filing an annual report of a limited liability company or

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foreign limited liability company is $75 $250 plus $50 for
each series for which a certificate of designation has been
filed pursuant to Section 37-40 of this Act and is in
effect on the last day of the third month preceding the
company's anniversary month, plus a penalty if delinquent.
(12) Filing an application for reinstatement of a
limited liability company or foreign limited liability
company $200 $500.
(13) Filing articles of merger, $100 plus $50 for each
party to the merger in excess of the first 2 parties.
(14) Filing articles of conversion, $100.
(15) Filing a statement of change of address of
registered office or change of registered agent, or both,
or filing a statement of correction, $25.
(16) Filing a petition for refund, $5 $15.
(17) Filing a certificate of designation of a limited
liability company with a series pursuant to Section 37-40
of this Act, $50.
(18) Filing articles of domestication, $100.
(19) Filing, amending, or cancelling a statement of
authority, $50.
(20) Filing, amending, or cancelling a statement of
denial, $10.
(21) Filing any other document, $5 $100.
(c) The Secretary of State shall charge and collect all of
the following:

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(1) For furnishing a copy or certified copy of any
document, instrument, or paper relating to a limited
liability company or foreign limited liability company, or
for a certificate, $25.
(2) For the transfer of information by computer process
media to any purchaser, fees established by rule.
(Source: P.A. 99-637, eff. 7-1-17.)".