SB1680eng 95TH GENERAL ASSEMBLY

SB1680 Engrossed LRB095 04621 BDD 24678 b

AN ACT concerning revenue.

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

Section 5. The Use Tax Act is amended by adding Section 3b as follows:

(35 ILCS 105/3b new)

Sec. 3b. Tax holiday for "Energy Star" appliances.

(a) Notwithstanding any other provision to the contrary, no tax shall be imposed under this Act upon the privilege of using for nonbusiness purposes in this State a clothes washer, dehumidifier, dishwasher, refrigerator, freezer, room air conditioner, ceiling fan, programmable thermostat, ventilating fan, compact fluorescent bulb, or residential light fixture purchased if the item:

(i) qualifies as an "Energy Star" product under the Energy Star Program administered by the United States Environmental Protection Agency; and

(ii) is purchased during the tax holiday period, which is from 12:01 a.m. on April 22 of 2008 or 2009 through 11:59 p.m. of April 28 of that same year.

(b) Any discount, coupon, or other credit offered either by the retailer or by a vendor of the retailer to reduce the final price to the customer shall be taken into account in determining the selling price of the item for purposes of this holiday. For purpose of this Section, a "purchase" occurs during the tax holiday if the buyer places an order and pays the purchase price by cash or credit during the tax holiday period regardless of whether the delivery of the item occurs after the tax holiday period.

(c) Each unit of local government that imposes a use tax may, by resolution or ordinance, declare a tax holiday with respect to its use tax for the same items, during the same periods, and under the same conditions and is encouraged to do so.

Section 10. The Retailers' Occupation Tax Act is amended by adding Section 2-75 as follows:

(35 ILCS 120/2-75 new)

Sec. 2-75. Tax holiday for "Energy Star" appliances.

(a) Notwithstanding any other provision to the contrary, no tax shall be imposed under this Act upon persons engaged in the business of selling at retail, for nonbusiness use, a clothes washer, dehumidifier, dishwasher, refrigerator, freezer, room air conditioner, ceiling fan, programmable thermostat, ventilating fan, compact fluorescent bulb, or residential light fixture purchased if the item:

(i) qualifies as an "Energy Star" product under the Energy Star Program administered by the United States Environmental Protection Agency; and

(ii) is purchased during the tax holiday period, which is from 12:01 a.m. on April 22 of 2008 or 2009 through 11:59 p.m. of April 28 of that same year.

(b) Any discount, coupon, or other credit offered either by the retailer or by a vendor of the retailer to reduce the final price to the customer shall be taken into account in determining the selling price of the item for purposes of this holiday. For purpose of this Section, a "purchase" occurs during the tax holiday if the buyer places an order and pays the purchase price by cash or credit during the tax holiday period regardless of whether the delivery of the item occurs after the tax holiday period.

(c) Each unit of local government that imposes a retailers' occupation tax may, by resolution or ordinance, declare a tax holiday with respect to its retailers' occupation tax for the same items, during the same periods, and under the same conditions and is encouraged to do so.

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