90th General Assembly
Status of HB0533
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MOORE,ANDREA AND MCCARTHY.

(PETERSON-WELCH)

   35 ILCS 110/3a            from Ch. 120, par. 439.33a                        

        Amends the Service Use Tax Act.  Makes a technical change in  the      
   Section concerning the method of stating the tax.                           
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 110/3a                                                       
          Adds reference to:                                                   
          35 ILCS 105/3-5                 from Ch. 120, par. 439.3-5           
          35 ILCS 120/2-5                                                      
          55 ILCS 5/5-1006                from Ch. 34, par. 5-1006             
          55 ILCS 5/5-1006.5                                                   
          65 ILCS 5/8-11-1                from Ch. 24, par. 8-11-1             
          65 ILCS 5/8-11-1.3              from Ch. 24, par. 8-11-1.3           
          65 ILCS 5/8-11-1.6                                                   
        Deletes everything.  Amends  the  Use  Tax  Act,  the  Retailers'      
   Occupation  Tax  Act,  the  Counties  Code, and the Illinois Municipal      
   Code. Exempts qualified technological  equipment  as  defined  in  the      
   Internal Revenue Code, that was purchased by a lessor who has elected,      
   as  to  all  such  equipment  leased  by the lessor, to pay retailers'      
   occupation tax based on the lessor's gross receipts from the lease  of      
   the equipment in this State to a lessee for his or her use and not for      
   the  purpose  of  sublease.  Provides that this exemption shall not be      
   construed to create liability for the lessee, to create any right to a      
   refund on tax previously paid by the lessor, or to exempt  the  lessor      
   from  paying  the  applicable  tax.  Provides  that,  for  purposes of      
   determining the local governmental unit whose  tax  is  applicable,  a      
   retail  sale by a lessor is a sale at retail at the place where leased      
   tangible personal property is located. Exempts the deduction from  the      
   sunset  provision of the Use Tax Act and the Retailers' Occupation Tax      
   Act.  Defines  "lease".   Provides  that  the  amount  of   retailer's      
   occupation  tax  imposed  shall  be  reduced by an amount equal to the      
   percentage  limitation  of  the  use  tax  exemption.    States   that      
   subsequent  sales or leases of property for which the election for the      
   lessor to pay  the  tax  was  made  shall  not  be  exempt.  Effective      
   immediately.                                                                
        SENATE AMENDMENT NO. 2.                                                
          Deletes reference to:                                                
          55 ILCS 5/5-1006                                                     
          55 ILCS 5/5-1006.5                                                   
          65 ILCS 5/8-11-1                                                     
          65 ILCS 5/8-11-1.3                                                   
          65 ILCS 5/8-11-1.6                                                   
          Adds reference to:                                                   
          New Act                                                              
          30 ILCS 115/1                   from Ch. 85, par. 611                
          35 ILCS 105/9                   from Ch. 120, par. 439.9             
          35 ILCS 105/9.5 new                                                  
          35 ILCS 110/3-5                 from Ch. 120, par. 439.33-5          
          35 ILCS 115/3-5                 from Ch. 120, par. 439.103-5         
          35 ILCS 115/3-5                 from Ch. 120, par. 439.103-5         
          35 ILCS 120/1c-5 new                                                 
          35 ILCS 120/2-5                 from Ch. 120, par. 441-5             
          35 ILCS 120/3                   from Ch. 120, par. 442               
          35 ILCS 120/3.5 new                                                  
        Deletes  everything.    Creates   the   Qualified   Technological      
   Equipment  Leasing  Occupation  and  Use  Tax  Act.   Imposes a tax on      
   persons engaged in the State in  the  business  of  leasing  qualified      
   technological  equipment in Illinois at the rate of 8.25% of the gross      
   receipts received from the business.  Imposes a tax upon the privilege      
   of using in this  State  qualified  technological  equipment  that  is      
   leased  from a lessor at the rate of 8.25% of the leasing price of the      
   equipment paid to the lessor under a lease agreement.   Provides  that      
   each  month  the  Department  shall  pay  into  the  Local  Government      
   Distributive  Fund  20%  of the net revenue realized for the preceding      
   month under this Act.   Provides  that  the  remaining  80%  shall  be      
   distributed  under  the  Use Tax Act and the Retailers' Occupation Tax      
   Act.  Amends the Use Tax Act, the Service Use  Tax  Act,  the  Service      
   Occupation  Tax  Act,  and the Retailers' Occupation Tax Act to exempt      
   from  the  taxes  imposed  under  those  Act  qualified  technological      
   equipment sold to lessors  for  lease  under  leases  subject  to  the      
   Qualified  Technological Equipment Leasing Occupation and Use Tax Act.      
   Provides that the exemption is available for so long as the  equipment      
   is leased.  Provides that the exemptions are not subject to the sunset      
   provisions.   Provides that the exemptions for computer equipment used      
   in hospitals and certain property leased to a  governmental  body  are      
   exempt  from  the  sunset  provisions.   In  the  Use  Tax Act and the      
   Retailers' Occupation Tax Act, provides that a purchaser of  qualified      
   technological  equipment  may  obtain  a  refund of use and occupation      
   taxes paid administered by the Department of Revenue if the  purchaser      
   sells  the  property  to a rentor under a bona fide sale and leaseback      
   transaction to such purchaser within 90 days of the  first  functional      
   use of the property.  Makes other changes. Effective January 1, 1999.       
        SENATE AMENDMENT NO. 3.                                                
        Includes limited liability companies within the definition  of  a      
   "person". Makes technical corrections.                                      
   97-02-05  H  FILED WITH CLERK                                               
   97-02-05  H  FIRST READING                                                  
   97-02-05  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-02-10  H       ASSIGNED TO COMMITTEE               REVENUE               
   97-03-21  H  DO PASS/SHORT DEBATE                     011-000-000   HREV    
   97-03-21  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-04-08  H  SECOND READING-SHORT DEBATE                                    
   97-04-08  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-17  H  THIRD READING/SHORT DEBATE/PASSED        072-040-002           
   97-04-18  S  ARRIVE IN SENATE                                               
   97-04-18  S  PLACED CALENDAR ORDER OF FIRST READING   97-04-23              
   97-04-25  S  CHIEF SPONSOR                            WELCH                 
   97-04-25  S  FIRST READING                                                  
   97-04-25  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-10-30  S       ASSIGNED TO COMMITTEE               REVENUE               
   97-10-30  S  SPONSOR REMOVED                          WELCH                 
   97-10-30  S  ALTERNATE CHIEF SPONSOR CHANGED TO       PETERSON              
   97-10-30  S  ADDED AS A CHIEF CO-SPONSOR              WELCH                 
   97-11-13  S                             AMENDMENT NO. 01-REVENUE       S    
   97-11-13  S                                   ADOPTED                       
   97-11-13  S       DO PASS AS AMENDED                  009-000-000   SREV    
   97-11-13  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-11-14              
   97-11-14  S  SECOND READING                                                 
   97-11-14  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-01-14              
   97-12-15  S  REFER TO RULES/PURSUANT SEN RULE 3-9 (B) RULES         SRUL    
   98-02-18  S  APPROVED FOR CONSIDERATION               SRUL          SRUL    
   98-02-18  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-02-19              
   98-03-03  S  FILED WITH SECRETARY                                           
   98-03-03  S                             AMENDMENT NO. 02-PETERSON           
   98-03-03  S                     AMENDMENT REFERRED TO SRUL                  
   98-03-12  S  FILED WITH SECRETARY                                           
   98-03-12  S                             AMENDMENT NO. 03-PETERSON           
   98-03-12  S                     AMENDMENT REFERRED TO SRUL                  
   98-03-24  S                             AMENDMENT NO. 02-PETERSON           
   98-03-24  S                           RULES REFERS TO SREV                  
   98-03-24  S                             AMENDMENT NO. 03-PETERSON           
   98-03-24  S                           RULES REFERS TO SREV                  
   98-03-25  S                             AMENDMENT NO. 02-PETERSON           
   98-03-25  S                                BE ADOPTED SREV/007-000-000      
   98-03-25  S                             AMENDMENT NO. 03-PETERSON           
   98-03-25  S                                BE ADOPTED SREV/007-000-000      
   98-03-26  S  RECALLED TO SECOND READING                                     
   98-03-26  S                             AMENDMENT NO. 02-PETERSON           
   98-03-26  S                                   ADOPTED                       
   98-03-26  S                             AMENDMENT NO. 03-PETERSON           
   98-03-26  S                                   ADOPTED                       
   98-03-26  S  PLACED ON CALENDAR ORDER OF 3RD READING  98-03-31              
   98-04-29  S  THIRD READING - PASSED                   034-016-005           
   98-04-30  H  ARRIVE IN HOUSE                                                
   98-04-30  H  PLACED ON CALENDAR ORDER OF CONCURRENCE  01,02,03              
   98-05-19  H  MOTION FILED CONCUR                      1,2,3/MOORE,ANDREA    
   98-05-19  H                        MOTION REFERRED TO HRUL                  
   98-05-19  H  CALENDAR ORDER OF CONCURRENCE            01,02,03              
   98-06-23  H  RE-REFERRED TO RULES COMM/RULE 19(B)     RULES         HRUL    
   98-11-20  H  ADDED AS A CO-SPONSOR                    MCCARTHY              
   98-12-01  H  MOTION FILED TO DISCHARGE COMMITTEE      RULES AND PLACE ON    
   98-12-01  H                                           CLAENDAR ORDER OF     
   98-12-01  H                                           CONCUR - MOORE,A.     
   98-12-01  H                   COMMITTEE               RULES                 
   99-01-12  H  SESSION SINE DIE                                               

   END OF INQUIRY 



 Full Text  Bill Summary