Bill Amendment: IL SB3285 | 2017-2018 | 100th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: HOME GROWN BUSINESS OPP ACT

Status: 2018-08-24 - Public Act . . . . . . . . . 100-1084 [SB3285 Detail]

Download: Illinois-2017-SB3285-House_Amendment_001.html

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Rep. Monica Bristow

Filed: 5/10/2018

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AMENDMENT TO SENATE BILL 3285
AMENDMENT NO. ______. Amend Senate Bill 3285 on page 3,
immediately below line 13, by inserting the following:
"Section 900. The Retailers' Occupation Tax Act is amended
by changing Section 1f as follows:
(35 ILCS 120/1f) (from Ch. 120, par. 440f)
Sec. 1f. Except for High Impact Businesses, the exemption
stated in Sections 1d and 1e of this Act shall only apply to
business enterprises which:
(1) either (i) make investments which cause the
creation of a minimum of 200 full-time equivalent jobs in
Illinois or (ii) make investments which cause the retention
of a minimum of 2000 full-time jobs in Illinois or (iii)
make investments of a minimum of $40,000,000 and retain at
least 90% of the jobs in place on the date on which the
exemption is granted and for the duration of the exemption;

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and
(2) are located in an Enterprise Zone established
pursuant to the Illinois Enterprise Zone Act; and
(3) are certified by the Department of Commerce and
Economic Opportunity as complying with the requirements
specified in clauses (1) and (2).
In addition, from March 1, 2010 to July 31, 2012, the
exemption stated in Sections 1d and 1e of this Act shall also
apply to a business enterprise which (i) complied with the
requirements specified in clause (1) above as of March 1, 2010,
(ii) receives certification from the Department of Commerce and
Economic Opportunity, (iii) was a Department of Commerce and
Economic Opportunity certified business enterprise in 2009,
and (iv) retained a minimum of 500 full-time equivalent jobs in
Illinois in 2009 and 2010, 675 full-time equivalent jobs in
Illinois in 2011, 850 full-time equivalent jobs in Illinois in
2012, and 1,000 full-time equivalent jobs in Illinois in 2013;
those jobs must have been created in the manufacturing sector
as defined by the North American Industry Classification
System.
Any business enterprise seeking to avail itself of the
exemptions stated in Sections 1d or 1e, or both, shall make
application to the Department of Commerce and Economic
Opportunity in such form and providing such information as may
be prescribed by the Department of Commerce and Economic
Opportunity. However, no business enterprise shall be

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required, as a condition for certification under clause (3) (4)
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 Sections 1d or 1e.
The Department of Commerce and Economic Opportunity shall
determine whether the business enterprise meets the criteria
prescribed in this Section. If the Department of Commerce and
Economic Opportunity determines that such business enterprise
meets the criteria, it shall issue a certificate of eligibility
for exemption to the business enterprise in such form as is
prescribed by the Department of Revenue. The Department of
Commerce and Economic Opportunity shall act upon such
certification requests within 60 days after receipt of the
application, and shall file with the Department of Revenue a
copy of each certificate of eligibility for exemption.
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 the power to define
the amounts and types of eligible investments not specified in
this Section which business enterprises must make in order to
receive the exemptions stated in Sections 1d and 1e of this
Act; and to require that any business enterprise that is
granted a tax exemption repay the exempted tax if the business
enterprise fails to comply with the terms and conditions of the
certification.

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Such certificate of eligibility for exemption shall be
presented by the business enterprise to its supplier when
making the initial purchase of tangible personal property for
which an exemption is granted by Section 1d or Section 1e, or
both, together with a certification by the business enterprise
that such tangible personal property is exempt from taxation
under Section 1d or Section 1e and by indicating the exempt
status of each subsequent purchase on the face of the purchase
order.
The Department of Commerce and Economic Opportunity shall
determine the period during which such exemption from the taxes
imposed under this Act is in effect which shall not exceed 20
years.
(Source: P.A. 98-463, eff. 8-16-13.)
Section 999. Effective date. This Act takes effect upon
becoming law.".