Bill Text: IL HB3356 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Use Tax Act. Makes a technical change in a Section concerning the sale of a leased or rented motor vehicle.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2013-01-08 - Session Sine Die [HB3356 Detail]
Download: Illinois-2011-HB3356-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 3356
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| 2 | AMENDMENT NO. ______. Amend House Bill 3356 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Retailers' Occupation Tax Act is amended by | ||||||
| 5 | changing Section 1i as follows:
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| 6 | (35 ILCS 120/1i) (from Ch. 120, par. 440i)
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| 7 | Sec. 1i. High Impact Service Facility means a facility used | ||||||
| 8 | primarily
for the sorting, handling and
redistribution of mail, | ||||||
| 9 | freight, cargo, or other parcels received from agents
or
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| 10 | employees of the handler or shipper for processing at a common | ||||||
| 11 | location and
redistribution to other employees or agents for | ||||||
| 12 | delivery to an ultimate
destination on an item-by-item basis, | ||||||
| 13 | and which: (1) will make an
investment in a business enterprise | ||||||
| 14 | project of $100,000,000 dollars or more;
(2)
will cause the | ||||||
| 15 | creation of at least 750 to 1,000 jobs or more in an
enterprise | ||||||
| 16 | zone
established pursuant to the Illinois Enterprise Zone Act; | ||||||
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| 1 | and (3) is
certified by the Department of Commerce and Economic | ||||||
| 2 | Opportunity as
contractually obligated to meet the | ||||||
| 3 | requirements specified in divisions (1)
and (2) of this | ||||||
| 4 | paragraph within the time period as specified by the
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| 5 | certification. Any business enterprise project applying for | ||||||
| 6 | the exemption
stated
in this Section shall make application to | ||||||
| 7 | the Department of Commerce and
Economic Opportunity in such | ||||||
| 8 | form and providing such information as may be
prescribed by the | ||||||
| 9 | Department of Commerce and Economic Opportunity.
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| 10 | The Department of Commerce and Economic Opportunity shall | ||||||
| 11 | determine whether
the business enterprise project meets the | ||||||
| 12 | criteria prescribed in this
Section. If
the Department of | ||||||
| 13 | Commerce and Economic Opportunity determines that such
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| 14 | business enterprise project meets the criteria, it shall issue | ||||||
| 15 | a
certificate of
eligibility for exemption to the business | ||||||
| 16 | enterprise in such form as is
prescribed by the Department of | ||||||
| 17 | Revenue. The Department of Commerce and
Economic Opportunity | ||||||
| 18 | shall act upon such certification requests within 60 days
after | ||||||
| 19 | receipt of the application, and shall file with the Department | ||||||
| 20 | of
Revenue a copy of each certificate of eligibility for | ||||||
| 21 | exemption.
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| 22 | The Department of Commerce and Economic Opportunity shall | ||||||
| 23 | have the power to
promulgate rules and regulations to carry out | ||||||
| 24 | the provisions of this
Section and to require that any business | ||||||
| 25 | enterprise that is granted a tax
exemption repay the exempted | ||||||
| 26 | tax if the business enterprise fails to comply
with the terms | ||||||
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| 1 | and conditions of the certification.
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| 2 | The certificate of eligibility for exemption shall be | ||||||
| 3 | presented by the
business enterprise to its supplier when | ||||||
| 4 | making
the initial purchase of machinery and equipment for | ||||||
| 5 | which an exemption is
granted by Section 1j of this Act, | ||||||
| 6 | together with a certification by the
business enterprise that | ||||||
| 7 | such machinery and equipment is exempt from
taxation under | ||||||
| 8 | Section 1j of this Act and by indicating the exempt status
of | ||||||
| 9 | each subsequent purchase on the face of the purchase order.
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| 10 | The certification of eligibility for exemption shall be | ||||||
| 11 | presented by the
business enterprise to its supplier when | ||||||
| 12 | making the purchase of jet fuel and
petroleum products for | ||||||
| 13 | which an exemption is granted by Section 1j.1 of this
Act, | ||||||
| 14 | together with a certification by the business enterprise that | ||||||
| 15 | such jet
fuel and petroleum product, are exempt from taxation | ||||||
| 16 | under Section 1j.1 of this
Act, and by indicating the exempt | ||||||
| 17 | status of each subsequent purchase on the
face of the purchase | ||||||
| 18 | order.
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| 19 | The Department of Commerce and Economic Opportunity shall | ||||||
| 20 | determine the
period during which such exemption from the taxes | ||||||
| 21 | imposed under this Act
is in effect, which shall not exceed 40 | ||||||
| 22 | years will remain in effect.
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| 23 | (Source: P.A. 94-793, eff. 5-19-06.)".
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