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CICI Legisletter - May 1, 2009 May 1, 2009
Volume 23 - issue 13

CICI NEEDS YOUR PARTICIPATION IN SPRINGFIELD MAY 5
 
With CICI's annual Legislative Day and Reception on May 5, there are four weeks left in the spring legislative session. During the next four weeks, the Illinois General Assembly will make a number of very important decisions which will impact the future of your business.
 
Governor Quinn has already proposed the largest income tax increase in Illinois history. His proposal would increase the corporate income tax from 7.3% to 9.7%. This includes the 2.5% personal property replacement tax. There would also be a corresponding increase in the individual income tax from 3% to 4.5%.
 
This spending plan not only contains the largest tax increase in Illinois history, but numerous economic incentives for your business are scheduled to become eliminated, such as the Manufacturers’ Purchase Credit and the Research and Development Tax Credit.
 
In addition, the legislature will consider a number of other tax proposals, labor initiatives, health care expansions, chemical bans, and other anti-industry proposals.
 
CICI is opposed to virtually all of these measures but CICI’s efforts will only be as successful as our members’ willingness to participate in the legislative process.
 
As a result CICI needs your attendance in Springfield.
 
This year’s event is Tuesday, May 5 at the President Abraham Lincoln Hotel and Sangamo Club in Springfield. If you can join us, please fill out this registration form http://www.cicil.net/Flyers/Legislativeday09.html and fax to the Des Plaines office at 847/544-5999.
 
Senate Republican Leader Christine Radogno (R-Lemont) will be the keynote speaker at the Luncheon. Leader Radogno will speak about the state’s current budget problems, potential tax and fee increases, and other important issues affecting the business community.  
 
In addition, this event is a great opportunity to mingle and get to know the key people in state government, like members of the Illinois General Assembly, Constitutional Officers, IEPA officials, the members of the Pollution Control Board, and other key government officials. At the 2008 reception, close to 200 legislators and government officials attended. Come thank those elected officials who are friends of the chemical industry. Already a “Who’s Who” of the General Assembly and every other important state agency has indicated they will be attending. As a result, we would like to have a nice turnout of CICI members for the event.
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MAJOR ISSUES STILL ALIVE IN GENERAL ASSEMBLY
 
Tax Increases 
The Governor proposed an increase in the individual income tax from 3% to 4.5% and a corresponding increase in the corporate income tax from 7.3% to 9.7%. This includes the 2.5% personal property replacement tax. Quinn also proposed that the personal exemption be increased from $2000 to $6000. The net increase in revenue from the tax increase is expected to be $3.2 billion. The portion of the income tax attributable to corporations will be used to finance part of a statewide construction program for roads, bridges, schools, mass transit systems, etc., which is discussed below.  
 
Eliminating Economic Incentives
Eliminating economic incentives, or what some have wickedly referred to as “loopholes”, had been a staple of the Blagojevich Administration and Quinn’s approach is no different. Eliminating these incentives is expected to generate an additional $287 million in new tax revenue from the state’s business community. Here’s what is targeted so far for elimination:
 
  • Allow the Manufacturers’ Purchase Credit to expire
  • Decouple from qualified production credit
  • Repeal research and development tax credit
  • Change definition of U.S. for certain business subsidiaries
  • Decouple from the 2004 federal business tax cuts
  • Decouple from federal stimulus provisions
  • Tax insurance purchased by certain businesses from large companies outside of Illinois
  • Limit corporate income tax credits to 50 percent of liability
  • Create a sales tax on customized computer software
  • Roll back the graphic arts exemption to only include production
  • Tax sweetened tea and coffee at the same rate as soft drinks
·         Taxing all grooming and hygiene products at the same rate
·         Make changes to certain banking transactions
  • Decrease retailers’ vendor discount fee from 1.75 to .75 percent. (This is being proposed to offset a revenue loss from a “sales tax holiday” to take place in August 2009 – see below)
Other Tax/Budget Changes
Governor Quinn also announced the creation of the Taxpayer Action Board to work over the next 60 days to identify further program efficiencies and opportunities to make state government more efficient.
He also announced the following tax and funding changes:
 
  • A ten-day back to school sales tax holiday in August for clothing items of less than $100 per item and school supplies.
  • Cigarette and Tobacco Products Tax Increase to generate $365 million.
  • Fund sweeps of $450 million. This is a process by which money in dedicated funds, like NPDES permit fees, pesticide fees, etc., are diverted to the state’s General Revenue fund (GRF), which pays for schools, hospitals, prisons, salaries, etc. 
  • Federal Stimulus receipts of $4 Billion will be used to offset the expected deficits over the two year period. Offsetting these cuts is increased spending for Medicaid, Education, and other programs and a reduction of the backlog of bills owed to medical providers. The federal stimulus program requires the backlog be reduced to a 30-day payment cycle.
Statewide Construction Program
The Governor proposed a $26 billion capital program for transportation, school construction, economic development, and state facilities requiring $11 billion of state resources mostly through the sale of bonds. The debt service on these bonds would come from the following sources:
 
·         Increases in the Corporate Income Tax
·         A $20 increase (from $78 to $98) in vehicle registrations
·         A $10 increase (from $10 to $20) in driver’s license fees
·         An increase in vehicle transfer fees.
·         $150 million from existing road fund sources
·         10% of the income tax rate increase, which has historically been shared with local governments
 
Like every budget that has ever been proposed, it is subject to negotiations with the leaders of the House and Senate, namely House Speaker Michael Madigan and Senate President John Cullerton. CICI will keep you abreast of any developments in this budget. For even more details of the governor’s proposed budget, follow this link: http://www.budget.illinois.gov/
 
Prevailing Wage for Enterprise Zones & TIF Districts
After a fairly contentious debate, the House Labor Committee advanced SB 43 (Clayborne, D-E. St. Louis), along party lines to the House Floor. The measure proposes to extend the Prevailing Wage Act to all projects in an enterprise zone or a TIF district, even for projects that are 100% financed from private sources, with the exception for housing of 6 units or fewer. The bill also provides that "public works" also includes any project that will derive a financial benefit, in whole or in part, from loans, grants, subsidies, incentives, or other financial benefits made available through these areas, even though there are not utilized. This covers just about every construction project in these areas, which encompasses a very large part of the state. A significant number of CICI members are in Enterprise Zones.
 
Please note that the Chemical Industry Council of Illinois Legislator is not intended to convey legal advice or set forth all legal requirements applicable to particular circumstances.
 
Headquarters: 1400 E. TOUHY AVE., SUITE 110, DES PLAINES, IL 60018 · TEL :(847) 544-5995 · FAX :(847) 544-5999
Springfield: 400 W. MONROE, SUITE 205, SPRINGFIELD, IL 62704 · TEL :(217) 522-5805 · FAX :(217) 522-5815
 
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400 W. Monroe, Suite 205
 Springfield, IL 62704
Tel: 217 522-5805 Fax: 217 522-5815

1400 E. Touhy Ave, Suite 110
Des Plaines, IL 60018
Tel: 847 544-5995 Fax: 847 544-5999