92nd General Assembly
Status of SB0724
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SHAW-O'MALLEY-JACOBS.

(MURPHY)

   220 ILCS 5/8-403.1        from Ch. 111 2/3, par. 8-403.1                    

        Amends the Public Utilities Act.  Makes a technical change  in  a      
   Section  concerning  tax  credits  related  to  qualified  solid waste      
   facilities.                                                                 
        SENATE AMENDMENT NO. 1.                                                
        With regard to the administration and collection of  the  tax  on      
   the  sale  of  electricity  by  certain  qualified  solid waste energy      
   facilities to  electric utilities, provides that certain provisions of      
   the Retailer's Occupation Tax Act and the Uniform Penalty and Interest      
   Act shall apply to the extent practical.  Adds an immediate  effective      
   date.                                                                       
        SENATE AMENDMENT NO. 3.                                                
        Deletes everything after the enacting clause.  Amends the  Public      
   Utilities  Act.  Provides that a qualified solid waste energy facility      
   that fails to timely file the requisite form and payment  as  required      
   by provisions concerning the filing of the form and payment of the tax      
   imposed on the sale of electricity by the facility shall be subject to      
   penalties  and  interest  in  conformance  with  the provisions of the      
   Illinois Uniform  Penalty  and  Interest  Act.   Provides  that  every      
   qualified  solid  waste  energy facility subject to the payment of the      
   tax imposed on the sale of electricity by the facility shall keep  and      
   maintain  records  and  books  of  its sales and that, for purposes of      
   enforcement, all such books and records shall be subject to inspection      
   by the  Department  of  Revenue  or  its  duly  authorized  agents  or      
   employees.   Authorizes  the  Department to employ certain enforcement      
   powers as authorized in the Retailers' Occupation Tax  Act.   Provides      
   that  when  a  qualified  solid waste energy facility makes a late tax      
   payment,  that  payment  shall  be  attributed  to   the   month   and      
   corresponding  quarter  in  which  the  payment should have been made.      
   Authorizes  the  Department  to  adopt  rules   to   implement   these      
   provisions. Effective immediately.                                          
        HOUSE AMENDMENT NO. 1.                                                 
        Provides that, beginning on the effective date of this amendatory      
   Act of the 92nd General  Assembly,  a  qualified  solid  waste  energy      
   facility  must file with the Department of Revenue the form concerning      
   the payment of the tax imposed on  the  sale  of  electricity  by  the      
   facility  before  the  15th  of  each  month regardless of whether the      
   facility received any payment in the previous month.  Provides that no      
   tax lien may be imposed or  enforced  by  the  Department  of  Revenue      
   against  a  qualified  solid waste energy facility unless the facility      
   fails to make the payment required.  Provides that, only to the extent      
   necessary and for  the  purpose  of  enforcing  provisions  concerning      
   payment  of  the  tax,  the Department of Revenue may secure necessary      
   information from a qualified solid waste energy facility in the manner      
   authorized.  Changes  the  criteria  under  which  a  municipality  is      
   eligible for  the  distribution  of  the  tax  collected  under  these      
   provisions from one that has within its boundaries an incinerator that      
   "uses" municipal waste as its primary fuel to generate electricity, to      
   one  that  has  within its boundaries an incinerator that "uses or, on      
   the effective date of Public Act 90-813, used" municipal waste as  its      
   primary fuel to generate electricity.                                       
   FEB-21-2001  S  FIRST READING                                                  
   FEB-21-2001  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   FEB-28-2001  S       ASSIGNED TO COMMITTEE               ENVIR & ENE           
   MAR-07-2001  S       TO SUBCOMMITTEE                                           
   MAR-28-2001  S                             AMENDMENT NO. 01-ENVIR. & ENE. S    
   MAR-28-2001  S                                   ADOPTED                       
   MAR-28-2001  S       DO PASS AS AMENDED                  010-000-000   SENV    
   MAR-28-2001  S  PLACED ON CALENDAR ORDER OF 2ND READING  01-03-29              
   MAR-30-2001  S  ADDED AS A CHIEF CO-SPONSOR              JACOBS                
   APR-02-2001  S  FILED WITH SECRETARY                                           
   APR-02-2001  S                             AMENDMENT NO. 02-SHAW               
   APR-02-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-02-2001  S  FILED WITH SECRETARY                                           
   APR-02-2001  S                             AMENDMENT NO. 03-SHAW               
   APR-02-2001  S                     AMENDMENT REFERRED TO SRUL                  
   APR-04-2001  S                             AMENDMENT NO. 03-SHAW               
   APR-04-2001  S                           RULES REFERS TO SENV                  
   APR-05-2001  S                             AMENDMENT NO. 03-SHAW               
   APR-05-2001  S                                BE ADOPTED SENV/009-000-000      
   APR-05-2001  S  SECOND READING                                                 
   APR-05-2001  S                             AMENDMENT NO. 03-SHAW               
   APR-05-2001  S                                   ADOPTED                       
   APR-05-2001  S  PLACED ON CALENDAR ORDER OF 3RD READING  01-04-06              
   APR-06-2001  S  THIRD READING - PASSED                   057-000-000           
   APR-06-2001  S  TABLED PURSUANT TO RULE                  5-4(A) SA 02          
   APR-06-2001  S  THIRD READING - PASSED                   057-000-000           
   APR-06-2001  H  ARRIVE IN HOUSE                                                
   APR-06-2001  H  HOUSE SPONSOR                            MURPHY                
   APR-06-2001  H  ADDED AS AN ALTERNATE CO-SPONSOR         LYONS,EILEEN          
   APR-06-2001  H  FIRST READING                                                  
   APR-06-2001  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   APR-18-2001  H       ASSIGNED TO COMMITTEE               ENVRMNT ENRGY         
   APR-26-2001  H                             AMENDMENT NO. 01-ENVRMNT ENRGY H    
   APR-26-2001  H                                   ADOPTED                       
   APR-26-2001  H  DO PASS AMENDED/SHORT DEBATE             016-000-000   HENE    
   APR-26-2001  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   MAY-02-2001  H  SECOND READING-SHORT DEBATE                                    
   MAY-02-2001  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   MAY-09-2001  H  THIRD READING/SHORT DEBATE/PASSED        113-002-000           
   MAY-10-2001  S  SECRETARYS DESK - CONCURRENCE            01                    
   MAY-14-2001  S  FILED WITH SECRETARY                                           
   MAY-14-2001  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SHAW               
   MAY-14-2001  S                        MOTION REFERRED TO SRUL                  
   MAY-18-2001  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SHAW               
   MAY-18-2001  S                           RULES REFERS TO SENV                  
   MAY-22-2001  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SHAW               
   MAY-22-2001  S                                BE ADOPTED SENV/007-000-000      
   MAY-22-2001  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/SHAW               
   MAY-22-2001  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01/057-000-000        
   MAY-22-2001  S  PASSED BOTH HOUSES                                             
   JUN-20-2001  S  SENT TO THE GOVERNOR                                           
   AUG-17-2001  S  GOVERNOR APPROVED                                              
   AUG-17-2001  S                            EFFECTIVE DATE 01-08-17              
   AUG-17-2001  S  PUBLIC ACT.............................. 92-0435               

   END OF INQUIRY 



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