90th General Assembly
Summary of SB1458
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Senate Sponsors:
WEAVER,S-SYVERSON-JACOBS-O'DANIEL-BURZYNSKI AND WALSH,L.

House Sponsors:
BRUNSVOLD-GIGLIO-REITZ-WINKEL-JONES,JOHN

Short description: 
RET OCC TX-MOTOR FUEL TX-TECH                                              

Synopsis of Bill as introduced:
        Amends the Retailers' Occupation Tax  Act  to  make  a  technical      
   change   in  the  Section  concerning  the  prepayment  of  retailers'      
   occupation tax by motor fuel retailers.  Amends the Motor Fuel Tax Law      
   by making a technical change in the Section concerning the  imposition      
   and rate of the tax.                                                        
        SENATE AMENDMENT NO. 3.                                                
          Deletes reference to:                                                
          35 ILCS 120/2d                                                       
          35 ILCS 505/2                                                        
          Adds reference to:                                                   
          35 ILCS 105/3-10                from Ch. 120, par. 439.3-10          
          35 ILCS 105/9                   from Ch. 120, par. 439.9             
          35 ILCS 110/3-10                from Ch. 120, par. 439.33-10         
          35 ILCS 110/9                   from Ch. 120, par. 439.39            
          35 ILCS 115/3-10                from Ch. 120, par. 439.103-10        
          35 ILCS 115/9                   from Ch. 120, par. 439.109           
          35 ILCS 120/2-10                from Ch. 120, par. 441-10            
          35 ILCS 120/2d                                                       
          35 ILCS 120/3                   from Ch. 120, par. 442               
          55 ILCS 5/5-1006                from Ch. 34, par. 5-1006             
          55 ILCS 5/5-1006.5                                                   
          55 ILCS 5/5-1007                from Ch. 34, par. 5-1007             
          55 ILCS 5/5-1035.1              from Ch. 34, par. 5-1035.1           
          65 ILCS 5/8-11-1                from Ch. 24, par. 8-11-1             
          65 ILCS 5/8-11-1.1              from Ch. 24, par. 8-11-1.1           
          65 ILCS 5/8-11-5                from Ch. 24, par. 8-11-5             
          65 ILCS 5/8-11-6                from Ch. 24, par. 8-11-6             
          65 ILCS 5/8-11-15               from Ch. 24, par. 8-11-15            
          70 ILCS 200/245-12                                                   
          70 ILCS 3610/5.01               from Ch. 111 2/3, par. 355.01        
          70 ILCS 3615/4.03               from Ch. 111 2/3, par. 704.03        
          70 ILCS 3720/4                  from Ch. 111 2/3, par. 254           
        Deletes everything.  Amends the Use Tax Act, the Service Use  Tax      
   Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax      
   Act.   Provides that beginning October 1, 1998, the tax imposed by the      
   Acts on the sale of motor fuel and gasohol shall be  at  the  rate  of      
   1.25%  (now  imposed at the rate of 6.25% on everything except certain      
   food, medicines, and medical equipment).  Provides that  if,  however,      
   the  aggregate tax revenues from motor fuel and gasohol under the Acts      
   during the period from October 1, 2001 through September 30, 2002  are      
   not  at least 15% more than the aggregate tax revenues from motor fuel      
   and gasohol under those Acts during the period from  October  1,  1998      
   through  September 30, 1999, then beginning January 1, 2003 the tax is      
   imposed on motor fuel and gasohol at the 6.25% general rate.  Provides      
   that beginning November 1, 1998, and so long as the  rate  remains  at      
   1.25%,  each month the Department of Revenue shall pay into the County      
   and Mass Transit District Fund 20% of the net revenue realized for the      
   preceding month from the 1.25% rate on the selling price of motor fuel      
   and gasohol.  Provides that beginning November 1, 1998, and so long as      
   the rate remains 1.25%, each month the Department shall pay  into  the      
   Local  Government  Tax  Fund  80%  of the net revenue realized for the      
   preceding month from the 1.25% rate on the selling price of motor fuel      
   and gasohol.  Reduces from $0.04 to 0.8 cents the amount per gallon of      
   motor fuel and from $0.03 to  0.6  cents  the  amount  per  gallon  of      
   gasohol  that  a  motor  fuel  retailer  shall  prepay to a registered      
   distributor, supplier, or other reseller of  motor  fuel.  Amends  the      
   Counties Code, the Illinois Municipal Code, the Salem Civic Center Law      
   of 1997 in the Civic Center Code, the Local Mass Transit District Act,      
   the  Regional  Transportation  Authority Act, and the Water Commission      
   Act of 1985 to provide that a taxing authority (including a home  rule      
   unit) that has not imposed a motor fuel tax or a use or occupation tax      
   on the sale, selling price, or use of motor fuel or gasohol before the      
   effective  date  of  this  Act shall not impose such a tax on or after      
   that date.  Provides that taxing authorities (including  a  home  rule      
   unit)  that  have  imposed a tax on the sale, selling price, or use of      
   motor fuel or gasohol before the effective date of this Act shall  not      
   increase  the  rate  of  the tax on or after that date.  Preempts home      
   rule. Provides that the amendatory provisions in the Use Tax Act,  the      
   Service  Use  Tax  Act,  the  Service  Occupation  Tax  Act,  and  the      
   Retailers'  Occupation  Tax Act take effect October 1, 1998.  Provides      
   that the amendatory provisions in  the  Counties  Code,  the  Illinois      
   Municipal Code, the Salem Civic Center Law of 1997 in the Civic Center      
   Code, the Local Mass Transit District Act, the Regional Transportation      
   Authority  Act,  and  the  Water  Commission Act of 1985 are effective      
   immediately.                                                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 
                                                                               



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