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 required, as a condition for
certification under clause (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.
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.)