State of Illinois
91st General Assembly
Legislation

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91_HB0930

 
                                               LRB9104456PTpk

 1        AN ACT concerning taxes, amending named Acts.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Civil Administrative Code of Illinois is
 5    amended by adding Section 49.35 as follows:

 6        (20 ILCS 2705/49.35 new)
 7        Sec. 49.35.  The  Department,  in  cooperation  with  the
 8    communities  surrounding O'Hare International Airport and the
 9    city  of  Chicago,  shall  prescribe  rules  to  be  used  in
10    determining whether a building is  within  the  60  day-night
11    average  sound level (DNL) noise contour area for purposes of
12    receiving the Soundproofing Tax Credit  provided  in  Section
13    211 of the Illinois Income Tax Act.

14        Section  10.  The  Illinois  Income Tax Act is amended by
15    adding Section 211 as follows:

16        (35 ILCS 5/211 new)
17        Sec. 211.  Soundproofing Tax Credit.
18        (a)  For tax years beginning on and after January 1, 1999
19    and ending on or before  December  30,  2009,  each  taxpayer
20    receiving a certificate of eligibility from the Department of
21    Transportation   as  provided  in  subsection  (b)  shall  be
22    entitled to a tax credit against the taxes imposed under this
23    Act in an amount equal to 50%  of  the  expenditures  by  the
24    taxpayer  for the cost of soundproofing any building that (1)
25    lies within 5 miles of O'Hare International Airport or Midway
26    Airport or (2) is within the 60 day-night average sound level
27    (DNL) noise  contour  area,  as  certified  by  the  Illinois
28    Department  of  Transportation.    In no event shall a credit
29    under this Section exceed  $10,000.   In  no  event  shall  a
 
                            -2-                LRB9104456PTpk
 1    credit  under  this  Section  reduce the taxpayer's liability
 2    under this Act to less than zero.
 3        (b)  Any  taxpayer  applying  for  a  credit  under  this
 4    Section shall apply to the Department of Transportation for a
 5    certificate  of  eligibility  for  the  credit  on   a   form
 6    prescribed   by   the   Department   and  shall  provide  any
 7    information required by the Department.   The  Department  of
 8    Transportation,   in   cooperation   with   the   communities
 9    surrounding  O'Hare  and the city of Chicago, shall prescribe
10    rules to determine eligibility for the credit  in  accordance
11    with  Section  49.35  of  the  Civil  Administrative  Code of
12    Illinois.  If the  Department  of  Transportation  determines
13    that  the taxpayer is eligible for the credit, it shall issue
14    a certificate of eligibility  for  the  credit  in  the  form
15    prescribed    by   the   Department.    The   Department   of
16    Transportation shall file with the Department a copy of  each
17    certificate of eligibility for the credit under this Section.
18    

19        Section  99.  Effective date.  This Act takes effect upon
20    becoming law.

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