093_SB1733ham004 LRB093 03177 RCE 17315 a 1 AMENDMENT TO SENATE BILL 1733 2 AMENDMENT NO. . Amend Senate Bill 1733 by replacing 3 the title with the following: 4 "AN ACT in relation to taxes."; and 5 by replacing everything after the enacting clause with the 6 following: 7 "ARTICLE 5 8 Section 5-1. Short title. This Article may be cited as 9 the Gas Use Tax Law. 10 Section 5-5. Definitions. For purposes of this Law: 11 "Delivering supplier" means any person engaged in the 12 business of delivering gas to persons for use or consumption 13 and not for resale, and who, in any case where more than one 14 person participates in the delivery of gas to a specific 15 purchaser, is the last of the suppliers engaged in delivering 16 the gas prior to its receipt by the purchaser. 17 "Delivering supplier maintaining a place of business in 18 this State", or any like term, means any delivering supplier 19 having or maintaining within this State, directly or by a 20 subsidiary, an office, distribution facility, sales office, -2- LRB093 03177 RCE 17315 a 1 or other place of business, or any employee, agent, or other 2 representative operating within this State under the 3 authority of such delivering supplier or such delivering 4 supplier's subsidiary, irrespective of whether such place of 5 business or agent or other representative is located in this 6 State permanently or temporarily, or whether such delivering 7 supplier or such delivering supplier's subsidiary is licensed 8 to do business in this State. 9 "Department" means the Department of Revenue of the State 10 of Illinois. 11 "Director" means the Director of Revenue. 12 "Gas" means any gaseous fuel distributed through a 13 pipeline system. 14 "Person" means any natural individual, firm, trust, 15 estate, partnership, association, joint stock company, joint 16 adventure, corporation, limited liability company, or a 17 receiver, trustee, guardian, or other representative 18 appointed by order of any court, or any city, town, county, 19 or other political subdivision of this State. 20 "Purchase of out-of-State gas" means a transaction for 21 the purchase of gas from any supplier in a manner that does 22 not subject the seller of that gas to liability under the Gas 23 Revenue Tax Act. 24 "Purchase price" means the consideration paid for the 25 distribution, supply, furnishing, sale, transportation, or 26 delivery of gas to a person for use or consumption and not 27 for resale, and for all services directly related to the 28 production, transportation, or distribution of gas 29 distributed, supplied, furnished, sold, transmitted, or 30 delivered for use or consumption, including cash, services, 31 and property of every kind and nature. However, "purchase 32 price" shall not include consideration paid for: 33 (i) Any charge for a dishonored check. 34 (ii) Any finance or credit charge, penalty, charge -3- LRB093 03177 RCE 17315 a 1 for delayed payment, or discount for prompt payment. 2 (iii) Any charge for reconnection of service or for 3 replacement or relocation of facilities. 4 (iv) Any advance or contribution in aid of 5 construction. 6 (v) Repair, inspection, or servicing of equipment 7 located on customer premises. 8 (vi) Leasing or rental of equipment, the leasing or 9 rental of which is not necessary to furnishing, 10 supplying, or selling gas. 11 (vii) Any purchase by a purchaser if the supplier 12 is prohibited by federal or State constitution, treaty, 13 convention, statute, or court decision from recovering 14 the related tax liability from such purchaser. 15 (viii) Any amounts added to purchasers' bills 16 because of changes made pursuant to the tax imposed by 17 this Law. 18 In case credit is extended, the amount thereof shall be 19 included only as and when payments are received. 20 "Purchaser" means any person who acquires the ownership 21 of gas for use or consumption, and not for resale, for a 22 valuable consideration. 23 "Self-assessing purchaser" means a purchaser of gas for 24 use or consumption that is required to be registered with the 25 Department and is responsible for filing returns and paying 26 the tax imposed under this Law directly to the Department. 27 "Use" means the exercise by any person of any right or 28 power over gas incident to the ownership of that gas, except 29 that it does not include the sale of gas in the regular 30 course of business. 31 Section 5-10. Imposition of tax. Beginning October 1, 32 2003, a tax is imposed upon the privilege of using in this 33 State gas obtained in a purchase of out-of-state gas at the -4- LRB093 03177 RCE 17315 a 1 rate of 2.4 cents per therm or 5% of the purchase price for 2 the billing period, whichever is the lower rate. Such tax 3 rate shall be referred to as the "self-assessing purchaser 4 tax rate." Beginning with bills issued by delivering 5 suppliers on and after October 1, 2003, purchasers may elect 6 an alternative tax rate of 2.4 cents per therm to be paid 7 under the provisions of Section 5-15 of this Law to a 8 delivering supplier maintaining a place of business in this 9 State. Such tax rate shall be referred to as the "alternate 10 tax rate". The tax imposed under this Section shall not apply 11 to gas used by business enterprises certified under Section 12 9-222.1 of the Public Utilities Act, as amended, to the 13 extent of such exemption and during the period of time 14 specified by the Department of Commerce and Community 15 Affairs. 16 Section 5-15. Collection of Gas Use Tax; relief of duty. 17 Beginning with bills issued on and after October 1, 2003, a 18 delivering supplier maintaining a place of business in this 19 State shall collect, from the purchasers who have elected the 20 alternate tax rate provided in Section 5-10 of this Law, the 21 tax that is imposed by this Law at the alternate 2.4 cents 22 per therm rate. The tax imposed at the alternate tax rate by 23 this Law shall, when collected, be stated as a distinct and 24 separate item apart from the selling price of the gas. The 25 tax collected by any delivering supplier shall constitute a 26 debt owed by that person to this State. Upon receipt by a 27 delivering supplier of a copy of a certificate of 28 registration issued to a self-assessing purchaser under 29 Section 5-20 of this Law, that delivering supplier is 30 relieved of the duty to collect the alternate tax from that 31 self-assessing purchaser beginning with bills issued to that 32 self-assessing purchaser 30 or more days after receipt of the 33 copy of that certificate of registration. -5- LRB093 03177 RCE 17315 a 1 Section. 5-20. Self-assessing purchaser registration; 2 certificate of registration. Any purchaser who does not elect 3 the alternate tax rate to be paid to a delivering supplier 4 shall register with the Department as a self-assessing 5 purchaser and pay the tax imposed by Section 5-10 of this Law 6 directly to the Department at the self-assessing purchaser 7 rate. 8 A purchaser registering as a self-assessing purchaser may 9 not revoke such registration for at least one year 10 thereafter. Application for a certificate of registration as 11 a self-assessing purchaser shall be made to the Department 12 upon forms furnished by the Department and shall contain any 13 reasonable information that the Department may require. The 14 self-assessing purchaser shall be required to disclose the 15 name of the delivering supplier or suppliers who are 16 delivering the gas upon which the self-assessing purchaser 17 will be paying tax directly to the Department. 18 Upon receipt of the application for a certificate of 19 registration in proper form, the Department shall issue to 20 the applicant a certificate of registration as a 21 self-assessing purchaser. The applicant shall provide a copy 22 of the certificate of registration as a self-assessing 23 purchaser to the applicant's delivering supplier or 24 suppliers. 25 Section 5-25. Self-assessing purchaser; direct return 26 and payment of tax. Except for purchasers who have chosen the 27 alternate tax rate to be paid to a delivering supplier 28 maintaining a place of business in this State, the tax 29 imposed in Section 5-10 of this Law shall be paid to the 30 Department directly by each self-assessing purchaser who is 31 subject to the tax imposed by this Law. Each self-assessing 32 purchaser shall, on or before the 15th day of each month, 33 make a return to the Department for the preceding calendar -6- LRB093 03177 RCE 17315 a 1 month, stating the following: 2 (1) His or her name and principal address. 3 (2) The total number of therms used by him or her 4 during the preceding calendar month and upon the basis of 5 which the tax is imposed. 6 (3) The purchase price of gas used by him or her 7 during the preceding calendar month and upon the basis of 8 which the tax is imposed. 9 (4) Amount of tax (computed upon items 2 and 3). 10 (5) Such other reasonable information as the 11 Department may require. 12 In making such return, the self-assessing purchaser may 13 use any reasonable method to derive reportable "therms" and 14 "purchase price" from his or her billing and payment records. 15 If the average monthly liability of the self-assessing 16 purchaser to the Department does not exceed $100, the 17 Department may authorize his or her returns to be filed on a 18 quarter-annual basis, with the return for January, February, 19 and March of a given year being due by April 30 of such year; 20 with the return for April, May, and June of a given year 21 being due by July 31 of such year; with the return for July, 22 August, and September of a given year being due by October 31 23 of such year; and with the return for October, November, and 24 December of a given year being due by January 31 of the 25 following year. 26 If the average monthly liability of the self-assessing 27 purchaser to the Department does not exceed $20, the 28 Department may authorize his or her returns to be filed on a 29 annual basis, with the return for a given year being due by 30 January 31 of the following year. 31 Such quarter-annual and annual returns, as to form and 32 substance, shall be subject to the same requirements as 33 monthly returns. 34 Notwithstanding any other provision in this Law -7- LRB093 03177 RCE 17315 a 1 concerning the time within which a self-assessing purchaser 2 may file his or her return, in the case of any such 3 self-assessing purchaser who ceases to engage in a kind of 4 business which makes him or her responsible for filing 5 returns under this Law, such person shall file a final return 6 under this Law with the Department not more than one month 7 after discontinuing such business. 8 Each self-assessing purchaser whose average monthly 9 liability to the Department under this Law was $10,000 or 10 more during the preceding calendar year, excluding the month 11 of highest liability and the month of lowest liability in 12 such calendar year, and who is not operated by a unit of 13 local government, shall make estimated payments to the 14 Department on or before the 7th, 15th, 22nd, and last day of 15 the month during which tax liability to the Department is 16 incurred in an amount not less than the lower of either 22.5% 17 of such person's actual tax liability for the month or 25% of 18 such person's actual tax liability for the same calendar 19 month of the preceding year. The amount of such 20 quarter-monthly payments shall be credited against the final 21 tax liability of the self-assessing purchaser's return for 22 that month. Any outstanding credit, approved by the 23 Department, arising from the self-assessing purchaser's 24 overpayment of his or her final tax liability for any month 25 may be applied to reduce the amount of any subsequent 26 quarter-monthly payment or credited against the final tax 27 liability of such self-assessing purchaser's return for any 28 subsequent month. If any quarter-monthly payment is not paid 29 at the time or in the amount required by this Section, such 30 person shall be liable for penalty and interest on the 31 difference between the minimum amount due as a payment and 32 the amount of such payment actually and timely paid, except 33 insofar as such person has previously made payments for that 34 month to the Department in excess of the minimum payments -8- LRB093 03177 RCE 17315 a 1 previously due. 2 The self-assessing purchaser making the return provided 3 for in this Section shall, at the time of making such return, 4 pay to the Department the amount of tax imposed by this Law. 5 All moneys received by the Department under this Law shall be 6 paid into the General Revenue Fund in the State treasury. 7 Section 5-30. Registration of delivering suppliers. A 8 delivering supplier maintaining a place of business in this 9 State who engages in the delivery of gas in this State shall 10 register with the Department. A delivering supplier, if 11 required to register under the Gas Revenue Tax Act, need not 12 obtain an additional certificate of registration under this 13 Law, but shall be deemed to be sufficiently registered by 14 virtue of his being registered under the Gas Revenue Tax Act. 15 Application for a certificate of registration shall be made 16 to the Department upon forms furnished by the Department and 17 shall contain any reasonable information the Department may 18 require. Upon receipt of the application for a certificate of 19 registration in proper form, the Department shall issue to 20 the applicant a certificate of registration. The Department 21 may deny a certificate of registration to any applicant if 22 such applicant is in default for moneys due under this Law. 23 Any person aggrieved by any decision of the Department under 24 this Section may, within 20 days after notice of such 25 decision, protest and request a hearing, whereupon the 26 Department shall give notice to such person of the time and 27 place fixed for such hearing and shall hold a hearing in 28 conformity with the provisions of this Law and then issue its 29 final administrative decision in the matter to such person. 30 In the absence of such a protest within 20 days, the 31 Department's decision shall become final without any further 32 determination being made or notice given. -9- LRB093 03177 RCE 17315 a 1 Section 5-35. Return and payment of tax by delivering 2 supplier. Each delivering supplier who is required under 3 Section 5-15 to collect the tax imposed by this Law shall 4 make a return to the Department on or before the 15th day of 5 each month for the preceding calendar month stating the 6 following: 7 (1) His or her name. 8 (2) The address of his or her principal place of 9 business and the address of the principal place of 10 business (if that is a different address) from which he 11 or she engages in the business of delivering gas to 12 persons for use or consumption and not for resale. 13 (3) The total number of therms of gas delivered to 14 purchasers during the preceding calendar month and upon 15 the basis of which the tax is imposed. 16 (4) Amount of tax computed upon item 3. 17 (5) Such other reasonable information as the 18 Department may require. 19 In making such return the person engaged in the business 20 of delivering gas to persons for use or consumption and not 21 for resale may use any reasonable method to derive reportable 22 "therms" from his or her billing and payment records. 23 If the average monthly liability to the Department of the 24 delivering supplier does not exceed $100, the Department may 25 authorize his or her returns to be filed on a quarter-annual 26 basis, with the return for January, February, and March of a 27 given year being due by April 30 of such year; with the 28 return for April, May, and June of a given year being due by 29 July 31 of such year; with the return for July, August, and 30 September of a given year being due by October 31 of such 31 year; and with the return for October, November, and December 32 of a given year being due by January 31 of the following 33 year. 34 If the average monthly liability to the Department of the -10- LRB093 03177 RCE 17315 a 1 delivering supplier does not exceed $20, the Department may 2 authorize his or her returns to be filed on an annual basis, 3 with the return for a given year being due by January 31 of 4 the following year. 5 Such quarter-annual and annual returns, as to form and 6 substance, shall be subject to the same requirements as 7 monthly returns. 8 Notwithstanding any other provision in this Law 9 concerning the time within which a delivering supplier may 10 file his or her return, in the case of any delivering 11 supplier who ceases to engage in a kind of business that 12 makes him or her responsible for filing returns under this 13 Law, such delivering supplier shall file a final return under 14 this Law with the Department not more than one month after 15 discontinuing such business. 16 Each delivering supplier whose average monthly liability 17 to the Department under this Law was $10,000 or more during 18 the preceding calendar year, excluding the month of highest 19 liability and the month of lowest liability in such calendar 20 year, and who is not operated by a unit of local government, 21 shall make estimated payments to the Department on or before 22 the 7th, 15th, 22nd, and last day of the month during which 23 tax liability to the Department is incurred in an amount not 24 less than the lower of either 22.5% of such person's actual 25 tax liability for the month or 25% of such person's actual 26 tax liability for the same calendar month of the preceding 27 year. The amount of such quarter-monthly payments shall be 28 credited against the final tax liability of such person's 29 return for that month. Any outstanding credit, approved by 30 the Department, arising from such person's overpayment of his 31 or her final tax liability for any month may be applied to 32 reduce the amount of any subsequent quarter-monthly payment 33 or credited against the final tax liability of such person's 34 return for any subsequent month. If any quarter-monthly -11- LRB093 03177 RCE 17315 a 1 payment is not paid at the time or in the amount required by 2 this Section, such person shall be liable for penalty and 3 interest on the difference between the minimum amount due as 4 a payment and the amount of such payment actually and timely 5 paid, except insofar as such person has previously made 6 payments for that month to the Department in excess of the 7 minimum payments previously due. 8 The delivering supplier making the return provided for in 9 this Section shall, at the time of making such return, pay to 10 the Department the amount of tax imposed by this Law. All 11 moneys received by the Department under this Law shall be 12 paid into the General Revenue Fund in the State treasury. 13 Section 5-40. Incorporation of applicable Sections. The 14 Department shall have full power to administer and enforce 15 this Law; to collect all taxes, penalties, and interest due 16 hereunder; to dispose of taxes, penalties, and interest so 17 collected in the manner hereinafter provided; and to 18 determine all rights to credit memoranda or refunds arising 19 on account of the erroneous payment of tax, penalty, or 20 interest hereunder. In the administration of, and compliance 21 with, this Section, the Department and persons who are 22 subject to this Section shall have the same rights, remedies, 23 privileges, immunities, powers, and duties, be subject to the 24 same conditions, restrictions, limitations, penalties, and 25 definitions of terms, and employ the same modes of procedure, 26 as are prescribed in Sections 2, 4, 5, 6, 7, 9 (except 27 provisions relating to transaction returns and except that 28 the due date for returns shall be the 15th day of each month 29 for the preceding calendar month), 10, 11, 12, 12a, 12b, 13, 30 14, 15, 18, 19, 20, 21, and 22 of the Use Tax Act, and are 31 not inconsistent with this Section, as fully as if those 32 provisions were set forth herein. -12- LRB093 03177 RCE 17315 a 1 Section 5-45. Multistate exemption. To prevent actual 2 multi-state taxation of the privilege that is subject to 3 taxation under this Law, any purchaser, upon proof that 4 purchaser has paid a tax in another state on such event, 5 shall be allowed a credit against the tax imposed by this 6 Law, to the extent of the amount of the tax properly due and 7 paid in the other state. 8 Section 5-50. Exemptions. The tax imposed under this Act 9 shall not apply to: 10 (1) Gas used by business enterprises located in an 11 enterprise zone certified by the Department of Commerce 12 and Economic Opportunity pursuant to the Illinois 13 Enterprise Zone Act; 14 (2) Gas used by governmental bodies, or a 15 corporation, society, association, foundation, or 16 institution organized and operated exclusively for 17 charitable, religious, or educational purposes. Such use 18 shall not be exempt unless the government body, or 19 corporation, society, association, foundation, or 20 institution organized and operated exclusively for 21 charitable, religious, or educational purposes has first 22 been issued a tax exemption identification number by the 23 Department of Revenue pursuant to Section 1g of the 24 Retailers' Occupation Tax Act. A limited liability 25 company may qualify for the exemption under this Section 26 only if the limited liability company is organized and 27 operated exclusively for educational purposes. The term 28 "educational purposes" shall have the same meaning as 29 that set forth in Section 2h of the Retailers' Occupation 30 Tax Act; 31 (3) Gas used in the production of electric energy. 32 This exemption does not include gas used in the general 33 maintenance or heating of an electric energy production -13- LRB093 03177 RCE 17315 a 1 facility or other structure; 2 (4) Gas used in a petroleum refinery operation; 3 (5) Gas purchased by persons for use in 4 liquefaction and fractionation processes that produce 5 value added natural gas byproducts for resale; 6 (6) Gas used in the production of anhydrous ammonia 7 and downstream nitrogen fertilizer products for resale. 8 The Department may adopt rules to implement the 9 provisions of this Section. 10 Section 5-905. The Gas Revenue Tax Act is amended by 11 changing Sections 1 and 2 as follows: 12 (35 ILCS 615/1) (from Ch. 120, par. 467.16) 13 Sec. 1. For the purposes of this Act: "Gross receipts" 14 means the consideration received for gas distributed, 15 supplied, furnished or sold to persons for use or consumption 16 and not for resale, and for all services (including the 17 transportation or storage of gas for an end-user) rendered in 18 connection therewith, and shall include cash, services and 19 property of every kind or nature, and shall be determined 20 without any deduction on account of the cost of the service, 21 product or commodity supplied, the cost of materials used, 22 labor or service costs, or any other expense whatsoever. 23 However, "gross receipts" shall not include receipts from: 24 (i) any minimum or other charge for gas or gas 25 service where the customer has taken no therms of gas; 26 (ii) any charge for a dishonored check; 27 (iii) any finance or credit charge, penalty or 28 charge for delayed payment, or discount for prompt 29 payment; 30 (iv) any charge for reconnection of service or for 31 replacement or relocation of facilities; 32 (v) any advance or contribution in aid of -14- LRB093 03177 RCE 17315 a 1 construction; 2 (vi) repair, inspection or servicing of equipment 3 located on customer premises; 4 (vii) leasing or rental of equipment, the leasing 5 or rental of which is not necessary to distributing, 6 furnishing, supplying, selling, transporting or storing 7 gas; 8 (viii) any sale to a customer if the taxpayer is 9 prohibited by federal or State constitution, treaty, 10 convention, statute or court decision from recovering the 11 related tax liability from such customer; 12 (ix) any charges added to customers' bills pursuant 13 to the provisions of Section 9-221 or Section 9-222 of 14 the Public Utilities Act, as amended, or any charges 15 added to customers' bills by taxpayers who are not 16 subject to rate regulation by the Illinois Commerce 17 Commission for the purpose of recovering any of the tax 18 liabilities or other amounts specified in such provisions 19 of such Act; and 20 (x) prior to October 1, 2003, any charge for gas or 21 gas services to a customer who acquired contractual 22 rights for the direct purchase of gas or gas services 23 originating from an out-of-state supplier or source on or 24 before March 1, 1995, except for those charges solely 25 related to the local distribution of gas by a public 26 utility. This exemption includes any charge for gas or 27 gas service, except for those charges solely related to 28 the local distribution of gas by a public utility, to a 29 customer who maintained an account with a public utility 30 (as defined in Section 3-105 of the Public Utilities Act) 31 for the transportation of customer-owned gas on or before 32 March 1, 1995. The provisions of this amendatory Act of 33 1997 are intended to clarify, rather than change, 34 existing law as to the meaning and scope of this -15- LRB093 03177 RCE 17315 a 1 exemption. This exemption (x) expires on September 30, 2 2003. 3 In case credit is extended, the amount thereof shall be 4 included only as and when payments are received. 5 "Gross receipts" shall not include consideration received 6 from business enterprises certified under Section 9-222.1 of 7 the Public Utilities Act, as amended, to the extent of such 8 exemption and during the period of time specified by the 9 Department of Commerce and Community Affairs. 10 "Department" means the Department of Revenue of the State 11 of Illinois. 12 "Director" means the Director of Revenue for the 13 Department of Revenue of the State of Illinois. 14 "Taxpayer" means a person engaged in the business of 15 distributing, supplying, furnishing or selling gas for use or 16 consumption and not for resale. 17 "Person" means any natural individual, firm, trust, 18 estate, partnership, association, joint stock company, joint 19 adventure, corporation, limited liability company, or a 20 receiver, trustee, guardian or other representative appointed 21 by order of any court, or any city, town, county or other 22 political subdivision of this State. 23 "Invested capital" means that amount equal to (i) the 24 average of the balances at the beginning and end of each 25 taxable period of the taxpayer's total stockholder's equity 26 and total long-term debt, less investments in and advances to 27 all corporations, as set forth on the balance sheets included 28 in the taxpayer's annual report to the Illinois Commerce 29 Commission for the taxable period; (ii) multiplied by a 30 fraction determined under Sections 301 and 304(a) of the 31 "Illinois Income Tax Act" and reported on the Illinois income 32 tax return for the taxable period ending in or with the 33 taxable period in question. However, notwithstanding the 34 income tax return reporting requirement stated above, -16- LRB093 03177 RCE 17315 a 1 beginning July 1, 1979, no taxpayer's denominators used to 2 compute the sales, property or payroll factors under 3 subsection (a) of Section 304 of the Illinois Income Tax Act 4 shall include payroll, property or sales of any corporate 5 entity other than the taxpayer for the purposes of 6 determining an allocation for the invested capital tax. This 7 amendatory Act of 1982, Public Act 82-1024, is not intended 8 to and does not make any change in the meaning of any 9 provision of this Act, it having been the intent of the 10 General Assembly in initially enacting the definition of 11 "invested capital" to provide for apportionment of the 12 invested capital of each company, based solely upon the 13 sales, property and payroll of that company. 14 "Taxable period" means each period which ends after the 15 effective date of this Act and which is covered by an annual 16 report filed by the taxpayer with the Illinois Commerce 17 Commission. 18 (Source: P.A. 89-417, eff. 1-1-96; 90-16, eff. 6-16-97.) 19 (35 ILCS 615/2) (from Ch. 120, par. 467.17) 20 Sec. 2. A tax is imposed upon persons engaged in the 21 business of distributing, supplying, furnishing or selling 22 gas to persons for use or consumption and not for resale at 23 the rate of 2.4 cents per therm of all gas which is so 24 distributed, supplied, furnished, sold or transported to or 25 for each customer in the course of such business, or 5% of 26 the gross receipts received from each customer from such 27 business, whichever is the lower rate as applied to each 28 customer for that customer's billing period, provided that 29 any change in rate imposed by this amendatory Act of 1985 30 shall become effective only with bills having a meter reading 31 date on or after January 1, 1986. However, such taxes are not 32 imposed with respect to any business in interstate commerce, 33 or otherwise to the extent to which such business may not, -17- LRB093 03177 RCE 17315 a 1 under the Constitution and statutes of the United States, be 2 made the subject of taxation by this State. 3 Nothing in this amendatory Act of 1985 shall impose a tax 4 with respect to any transaction with respect to which no tax 5 was imposed immediately preceding the effective date of this 6 amendatory Act of 1985. 7 Beginning with bills issued to customers on and after 8 October 1, 2003, no tax shall be imposed under this Act on 9 transactions with customers who incur a tax liability under 10 the Gas Use Tax Law. 11 (Source: P.A. 84-307; 84-1093.) 12 Section 5-999. Effective date. This Act takes effect on 13 October 1, 2003.".