State of Illinois
92nd General Assembly
Legislation

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92_HB3559

 
                                               LRB9207045SMdv

 1        AN ACT concerning taxes.

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

 4        Section  5.  The  Department of Transportation Law of the
 5    Civil Administrative Code of Illinois is  amended  by  adding
 6    Section 2705-380 as follows:

 7        (20 ILCS 2705/2705-380 new)
 8        Sec.  2705-380.  Rules;  airport noise contour area.  The
 9    Department, in cooperation with the  communities  surrounding
10    O'Hare  International  Airport and the City of Chicago, shall
11    prescribe rules to be used in determining whether a  building
12    is  within  the  60 day-night average sound level (DNL) noise
13    contour area for purposes of receiving the Soundproofing  Tax
14    Credit  provided  in  Section  211 of the Illinois Income Tax
15    Act.

16        Section 10.  The Illinois Income Tax Act  is  amended  by
17    adding Section 213 as follows:

18        (35 ILCS 5/213 new)
19        Sec. 213.  Soundproofing Tax Credit.
20        (a)  For tax years beginning on and after January 1, 2001
21    and  ending  on  or  before  December 30, 2011, each taxpayer
22    receiving a certificate of eligibility from the Department of
23    Transportation  as  provided  in  subsection  (b)  shall   be
24    entitled to a tax credit against the taxes imposed under this
25    Act  in  an  amount  equal  to 50% of the expenditures by the
26    taxpayer for the cost of soundproofing any building that  (1)
27    lies within 5 miles of O'Hare International Airport or Midway
28    Airport or (2) is within the 60 day-night average sound level
29    (DNL)  noise  contour  area,  as  certified  by  the Illinois
 
                            -2-                LRB9207045SMdv
 1    Department of Transportation.  In no  event  shall  a  credit
 2    under  this  Section  exceed  $10,000.   In  no event shall a
 3    credit under this Section  reduce  the  taxpayer's  liability
 4    under this Act to less than zero.
 5        (b)  Any  taxpayer  applying  for  a  credit  under  this
 6    Section shall apply to the Department of Transportation for a
 7    certificate   of   eligibility  for  the  credit  on  a  form
 8    prescribed  by  the  Department   and   shall   provide   any
 9    information  required  by  the Department.  The Department of
10    Transportation,   in   cooperation   with   the   communities
11    surrounding O'Hare and the City of Chicago,  shall  prescribe
12    rules  to  determine eligibility for the credit in accordance
13    with Section 2705-380 of the  Civil  Administrative  Code  of
14    Illinois.   If  the  Department  of Transportation determines
15    that the taxpayer is eligible for the credit, it shall  issue
16    a  certificate  of  eligibility  for  the  credit in the form
17    prescribed   by   the   Department.    The   Department    of
18    Transportation  shall file with the Department a copy of each
19    certificate of eligibility for the credit under this Section.

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

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