Bill Status of HB 255   96th General Assembly

Short Description:  ESTATE AND GST TAX-QTIP

House Sponsors
Rep. Lou Lang

Senate Sponsors
(Sen. John J. Cullerton-Donne E. Trotter)


Last Action  View All Actions

DateChamber Action
  7/13/2009HousePublic Act . . . . . . . . . 96-0034

Statutes Amended In Order of Appearance
35 ILCS 405/2from Ch. 120, par. 405A-2

Synopsis As Introduced
Amends the Illinois Estate and Generation-Skipping Transfer Tax. Provides that the State tax credit for the estates of persons dying after December 31, 2005 and on or before December 31, 2009 includes a reduction for qualified terminable interest property. Provides that the trustee of a trust for which a QTIP election is made may not retain non-income producing assets for more than a reasonable amount of time without the consent of the surviving spouse. Effective immediately.

 Fiscal Note (Dept. of Revenue)
 HB 255 will have a negative impact on State revenue, but the amount is indeterminate due to data limitations. The Attorney General's office might be able to provide additional information, as it, not the Department of Revenue, administers this tax.

Senate Floor Amendment No. 1
Deletes reference to:
30 ILCS 805/3
Adds reference to:
New Act
20 ILCS 1605/2from Ch. 120, par. 1152
20 ILCS 1605/3from Ch. 120, par. 1153
20 ILCS 1605/7.12 new
20 ILCS 1605/7.15 new
20 ILCS 1605/7.16 new
20 ILCS 1605/7.17 new
20 ILCS 1605/9.1 new
30 ILCS 105/5.723 new
30 ILCS 105/5.724 new
30 ILCS 105/6z-77 new
30 ILCS 105/8.3from Ch. 127, par. 144.3
35 ILCS 105/3-10from Ch. 120, par. 439.3-10
35 ILCS 105/9from Ch. 120, par. 439.9
35 ILCS 110/3-10from Ch. 120, par. 439.33-10
35 ILCS 110/9from Ch. 120, par. 439.39
35 ILCS 115/3-10from Ch. 120, par. 439.103-10
35 ILCS 115/9from Ch. 120, par. 439.109
35 ILCS 120/2-10from Ch. 120, par. 441-10
35 ILCS 120/3from Ch. 120, par. 442
35 ILCS 505/8from Ch. 120, par. 424
110 ILCS 305/12.5 new
230 ILCS 10/5from Ch. 120, par. 2405
230 ILCS 10/17from Ch. 120, par. 2417
235 ILCS 5/8-1from Ch. 43, par. 158
625 ILCS 5/3-806from Ch. 95 1/2, par. 3-806
625 ILCS 5/3-806.7 new
625 ILCS 5/3-808from Ch. 95 1/2, par. 3-808
625 ILCS 5/3-815from Ch. 95 1/2, par. 3-815
625 ILCS 5/3-821from Ch. 95 1/2, par. 3-821
625 ILCS 5/6-118from Ch. 95 1/2, par. 6-118
625 ILCS 5/15-102from Ch. 95 1/2, par. 15-102
625 ILCS 5/15-107from Ch. 95 1/2, par. 15-107
625 ILCS 5/15-111from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-112from Ch. 95 1/2, par. 15-112
625 ILCS 5/15-113from Ch. 95 1/2, par. 15-113
625 ILCS 5/15-306from Ch. 95 1/2, par. 15-306
625 ILCS 5/15-307from Ch. 95 1/2, par. 15-307
625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
720 ILCS 5/28-1from Ch. 38, par. 28-1
720 ILCS 5/28-1.1from Ch. 38, par. 28-1.1
720 ILCS 5/28-3from Ch. 38, par. 28-3

Replaces everything after the enacting clause. Creates the Video Gaming Act (i) to allow licensed retail establishments where alcoholic liquor is served for consumption, licensed fraternal establishments, and licensed veterans establishments and truck stops to conduct video gaming and (ii) to require taxes to be deposited into the Capital Projects Fund and Local Government Video Gaming Distributive Fund. Creates the Capital Spending Accountability Law to require GOMB to make reports. Amends the Riverboat Gambling Act to provide for administration and enforcement by the Illinois Gaming Board. Amends the State Finance Act (i) to create the Capital Projects Fund and to require transfers to GRF and to require the Fund to be used for capital projects and debt service, (ii) to create the Local Government Video Gaming Distributive Fund, and (iii) to stop all diversions from the Road Fund to the Secretary of State and the State Police. Amends the use tax and occupation tax Acts (i) to provide that candy, certain beverages, and grooming and hygiene products are taxed at the 6.25% rate (instead of the 1% rate) and (ii) to require deposit of the increased revenue into the Capital Projects Fund. Amends the Motor Fuel Tax Law to make changes concerning the Grade Crossing Protection Fund. Amends the Liquor Control Act of 1934 to increase the tax on wine, on beer, and on alcohol and spirits. Amends the Illinois Vehicle Code (i) to increase various fees and fines and require deposit of the increased revenue into the Capital Projects Fund and (ii) to make changes concerning load and weight restrictions. Amends the Illinois Lottery Law (i) to allow the Department of Revenue to conduct the Lottery through a management agreement with a private manager and (ii) to authorize a pilot program that allows an individual to purchase Illinois lottery tickets on the Internet. Provides for revenue from the Internet program, after payment of vendor compensation, to be deposited into the Common School Fund and the Capital Projects Fund. Amends the University of Illinois Act to require the University to conduct a study on the effect on Illinois families of members of the family purchasing Illinois Lottery tickets and to report its findings. Amends the Gambling Article of the Criminal Code of 1961 to make corresponding changes. Effective July 1, 2009, except that some parts related to truck weights take effect January 1, 2010.

Senate Floor Amendment No. 3
Provides that the bill does not take effect unless House Bill 312 of the 96th General Assembly, as amended, becomes law. Amends the Environmental Protection Act. Provides that the Underground Storage Tank Fund is not subject to administrative charges authorized under Section 8h of the State Finance Act.

Actions 
DateChamber Action
  1/20/2009HouseFiled with the Clerk by Rep. Elaine Nekritz
  1/20/2009HouseFirst Reading
  1/20/2009HouseReferred to Rules Committee
  2/4/2009HouseAssigned to Revenue & Finance Committee
  3/3/2009HouseAdded Chief Co-Sponsor Rep. Elizabeth Coulson
  3/12/2009HouseRecommends Do Pass Subcommittee/ Revenue & Finance Committee; 003-000-000
  3/12/2009HouseRemains in Revenue & Finance Committee
  3/12/2009HouseDo Pass / Short Debate Revenue & Finance Committee; 013-000-000
  3/12/2009HousePlaced on Calendar 2nd Reading - Short Debate
  3/12/2009HouseAdded Chief Co-Sponsor Rep. Thomas Holbrook
  3/18/2009HouseSecond Reading - Short Debate
  3/18/2009HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/24/2009HouseFiscal Note Filed
  3/24/2009HouseThird Reading - Short Debate - Passed 112-001-000
  3/24/2009HouseAdded Chief Co-Sponsor Rep. William B. Black
  3/24/2009HouseAdded Chief Co-Sponsor Rep. Patricia R. Bellock
  3/25/2009SenateArrive in Senate
  3/25/2009SenatePlaced on Calendar Order of First Reading March 26, 2009
  3/25/2009SenateChief Senate Sponsor Sen. Don Harmon
  3/26/2009SenateFirst Reading
  3/26/2009SenateReferred to Assignments
  4/22/2009SenateAssigned to Revenue
  4/22/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Tim Bivins
  4/30/2009SenateDo Pass Revenue; 008-000-000
  4/30/2009SenatePlaced on Calendar Order of 2nd Reading May 5, 2009
  5/7/2009SenateSecond Reading
  5/7/2009SenatePlaced on Calendar Order of 3rd Reading May 12, 2009
  5/20/2009SenateAlternate Chief Sponsor Changed to Sen. John J. Cullerton
  5/20/2009SenateSenate Floor Amendment No. 1 Filed with Secretary by Sen. John J. Cullerton
  5/20/2009SenateSenate Floor Amendment No. 1 Referred to Assignments
  5/20/2009SenateSenate Floor Amendment No. 1 Assignments Refers to Executive
  5/20/2009SenateSenate Floor Amendment No. 1 Recommend Do Adopt Executive; 012-000-000
  5/20/2009SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  5/20/2009SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/20/2009SenateSponsor Removed Sen. Tim Bivins
  5/20/2009SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. John J. Cullerton
  5/20/2009SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/20/2009SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  5/20/2009SenateRecalled to Second Reading
  5/20/2009SenateSenate Floor Amendment No. 1 Adopted; Cullerton
  5/20/2009SenateSenate Floor Amendment No. 3 Adopted; Cullerton
  5/20/2009SenatePlaced on Calendar Order of 3rd Reading
  5/20/2009SenateAdded as Alternate Chief Co-Sponsor Sen. Donne E. Trotter
  5/20/2009SenateThird Reading - Passed; 047-012-000
  5/20/2009SenateSenate Floor Amendment No. 2 Tabled Pursuant to Rule 5-4(a)
  5/20/2009HouseArrived in House
  5/20/2009HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 3
  5/20/2009HouseSenate Floor Amendment No. 1 Motion Filed Concur Rep. Elaine Nekritz
  5/20/2009HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Elaine Nekritz
  5/20/2009HouseSenate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/20/2009HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/20/2009HouseSenate Floor Amendment No. 1 Motion to Concur Rules Referred to Executive Committee
  5/20/2009HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Executive Committee
  5/20/2009HouseRemove Chief Co-Sponsor Rep. Elizabeth Coulson
  5/20/2009HouseRemove Chief Co-Sponsor Rep. Patricia R. Bellock
  5/20/2009HouseRemove Chief Co-Sponsor Rep. William B. Black
  5/21/2009HouseChief Sponsor Changed to Rep. Michael J. Madigan
  5/21/2009HouseAdded Chief Co-Sponsor Rep. Lou Lang
  5/21/2009HouseSenate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Executive Committee; 010-000-000
  5/21/2009HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Executive Committee; 010-000-000
  5/21/2009HouseRemove Chief Co-Sponsor Rep. Thomas Holbrook
  5/21/2009HouseRemove Chief Co-Sponsor Rep. Lou Lang
  5/21/2009HouseChief Sponsor Changed to Rep. Lou Lang
  5/21/2009HouseSenate Floor Amendment No. 1 House Concurs 086-030-001
  5/21/2009HouseSenate Floor Amendment No. 3 House Concurs 086-030-001
  5/22/2009HouseHouse Concurs 086-030-001; SA 1,3
  5/22/2009HouseMotion Filed to Reconsider Vote Rep. Lou Lang
  6/29/2009HouseMotion Withdrawn Rep. Lou Lang
  6/29/2009HousePassed Both Houses
  6/30/2009HouseSent to the Governor
  7/13/2009HouseGovernor Approved
  7/13/2009HouseEffective Date July 13, 2009
  7/13/2009HousePublic Act . . . . . . . . . 96-0034

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