92nd General Assembly
Summary of HB3289
   [ Home ]   [ Back ]   [ Legislation ]
Legislation:  
Please enter a bill number.



 Full Text  Bill Status
House Sponsors:
PARKE-PANKAU.

Senate Sponsors:
BURZYNSKI

Short description: 
OCC-USE TAX-EXEMPTIONS-RETURNS                                             

Synopsis of Bill as introduced:
        Amend the Use Tax Act and  the  Retailers'  Occupation  Tax  Act.      
   Changes  the  exemption  for  owners, lessors, or shippers of tangible      
   personal property that is used by interstate carriers for hire for use      
   as rolling stock moving in interstate commerce  to  an  exemption  for      
   owners,  shippers,  or  lessors  under  a lease for one year or longer      
   executed or in  effect  at  the  time  of  purchase  of  the  tangible      
   personal property. Provides that these changes are declarative of           
   existing law. Amends the Service Use Tax Act and further amends the         
   Retailers' Occupation Tax Act to provide an exemption for certain food      
   for human consumption that is to be consumed off the premises where it      
   is sold and for certain medicines and medical equipment when purchased      
   for use by a person receiving medical assistance under the Illinois         
   Public Aid Code who resides in a licensed long-term care facility.          
   Further amends the Retailers' Occupation Tax Act. Provides that a           
   motor fuel distributor, supplier, or other reseller must make quarter       
   monthly payments to the Department of Revenue if average monthly            
   prepaid taxes collected are in excess of $20,000 (now, $25,000).            
   Provides that in correcting a return covering a period of one month         
   (now, 6 months) or more, the Department may show a single corrected         
   return figure for any given period (now, any given 6-month period).         
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          35 ILCS 105/3-55                                                     
          35 ILCS 110/3-5                                                      
          35 ILCS 120/2-5                                                      
          35 ILCS 120/3                                                        
          35 ILCS 120/4                                                        
          35 ILCS 120/5                                                        
          Adds reference to:                                                   
          35 ILCS 120/14                  from Ch. 120, par. 453               
        Deletes everything.  Amends the Retailers'  Occupation  Tax  Act.      
   Makes technical changes in a Section concerning the short title.            
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 120/14                                                       
          Adds reference to:                                                   
          35 ILCS 105/3-10.5 new                                               
          35 ILCS 105/3-45                from Ch. 120, par. 439.3-45          
          35 ILCS 105/3-50                from Ch. 120, par. 439.3-50          
          35 ILCS 110/3-5                 from Ch. 120, par. 439.33-5          
          35 ILCS 120/2-5                 from Ch. 120, par. 441-5             
          35 ILCS 120/2-10.5 new                                               
          35 ILCS 120/2-45                from Ch. 120, par. 441-45            
          35 ILCS 120/3                   from Ch. 120, par. 442               
          35 ILCS 120/5k                  from Ch. 120, par. 444k              
        Deletes everything after the enacting clause.  Amends the Use Tax      
   Act, the Service Use Tax Act, and the Retailers' Occupation  Tax  Act.      
   Provides  that,  beginning  July 1, 2001, there is established in this      
   State a Direct Payment Program.  Provides that a person who  has  been      
   issued a Direct Pay Permit by the Department is relieved of paying tax      
   to a retailer when purchasing tangible personal property and shall pay      
   the  tax directly to the Department not later than the 20th day of the      
   month following the month  in  which  the  purchase  was  made.   With      
   respect  to  exemptions  for manufacturing and assembly, provides that      
   "equipment" includes computers  used  primarily  in  a  manufacturer's      
   computer  assisted  design,  computer assisted manufacturing (CAD/CAM)      
   system  (now,  used  primarily  in  operating  exempt  machinery   and      
   equipment   in   a   computer   assisted   design,  computer  assisted      
   manufacturing (CAD/CAM) system).  Provides an  exemption  for  certain      
   food  for  human  consumption  that is to be consumed off the premises      
   where it is sold and for certain medicines and medical equipment  when      
   purchased  for  use by a person receiving medical assistance under the      
   Illinois Public Aid Code who resides  in  a  licensed  long-term  care      
   facility.   Provides that a motor fuel distributor, supplier, or other      
   reseller must make quarter  monthly  payments  to  the  Department  of      
   Revenue  if  average  monthly prepaid taxes collected are in excess of      
   $20,000  (now,  $25,000).  Provides  that  each  retailer  (now,  each      
   retailer in Illinois) who makes a sale of  building  materials  to  be      
   incorporated  into  real  estate  in  an  enterprise  zone  may deduct      
   receipts from such sales when  calculating  the  tax  imposed  by  the      
   Retailers' Occupation Tax Act. Effective immediately.                       
        SENATE AMENDMENT NO. 2.                                                
          Adds reference to:                                                   
          35 ILCS 105/3-5                 from Ch. 120, par. 439.3-5           
          35 ILCS 110/2                   from Ch. 120, par. 439.32            
          35 ILCS 115/2                   from Ch. 120, par. 439.102           
          35 ILCS 115/3-5                 from Ch. 120, par. 439.103-5         
        Amends the Service Occupation Tax Act and further amends the  Use      
   Tax  Act,  the  Service Use Tax Act, and the Retailers' Occupation Tax      
   Act.   With  respect  to  an  exemption  for  certain  machinery   and      
   equipment,  provides  that "equipment" includes chemicals or chemicals      
   acting as catalysts but only if the chemicals or chemicals  acting  as      
   catalysts  effect  a  direct and immediate change upon a product being      
   manufactured or assembled for wholesale or retail sale or  lease  (or,      
   in  the  case  of graphic arts machinery and equipment, upon a graphic      
   arts product). In provisions authorizing an  exemption  from  the  tax      
   under  the  Service Use Tax Act and the Service Occupation Tax Act for      
   the sale or transfer of machinery and equipment used primarily in  the      
   process  of  the  manufacturing  or  assembling  of  tangible personal      
   property  for  wholesale  or  retail  sale  or  lease,  provides  that      
   "equipment" includes computers  used  primarily  in  a  manufacturer's      
   computer  assisted  design,  computer assisted manufacturing (CAD/CAM)      
   system (now, includes computers used  primarily  in  operating  exempt      
   machinery and equipment in a CAD/CAM system).                               
 
Last action on Bill: PUBLIC ACT.............................. 92-0484

   Last action date: AUG-23-2001

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   2


   END OF INQUIRY 
                                                                               



 Full Text  Bill Status