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 Bill Status of SB1719  100th General Assembly


Short Description:  INC TAX-INVESTMENT MANAGEMENT

Senate Sponsors
Sen. Daniel Biss - Ira I. Silverstein - Jacqueline Y. Collins - Iris Y. Martinez, Emil Jones, III, Omar Aquino, Cristina Castro and Mattie Hunter

House Sponsors
(Rep. Emanuel Chris Welch - Mary E. Flowers)

Last Action
DateChamber Action
  6/21/2017HouseHeld on Calendar Order of Second Reading - Short Debate

Statutes Amended In Order of Appearance
35 ILCS 5/205from Ch. 120, par. 2-205


Synopsis As Introduced
Amends the Illinois Income Tax. Imposes a privilege tax at a rate of 20% on partnerships and S corporations engaged in the business of conducting investment management services, until such time as a federal law with an identical effect has been enacted. Provides for the determination of the tax due, defines "investment management services". Effective immediately, but this Act does not take effect at all unless the states of Connecticut, New Jersey, and New York enact laws having an effect identical to this Act.

Senate Committee Amendment No. 1
Provides that the privilege tax shall be imposed beginning on July 1, 2017. Provides that the tax shall be imposed at the rate of 20% of the fees earned from the investment strategy of the investment manager and not from the investment itself (in the introduced bill, at the rate of 20%). Removes the bill's immediate effective date and the bill's effective date contingent upon the states of Connecticut, New Jersey, and New York enacting laws having an effect identical to the bill.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes. Provides that the privilege tax shall be imposed beginning on July 1, 2017. Provides that the tax shall be imposed at the rate of 20% of the fees calculated by reference to the performance of the investment portfolio funds and not from the investment itself (in the introduced bill, at the rate of 20% until such time as the United States Congress has passed and the President of the United States has signed legislation having an identical effect). Provides that the tax shall not be imposed on fees calculated by reference to the total assets under management of the business engaged in investment management services. Removes the bill's immediate effective date and the bill's effective date contingent upon the states of Connecticut, New Jersey, and New York enacting laws having an effect identical to the bill.

 Balanced Budget Note (Office of Management and Budget)
 The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted.

 Pension Note (Government Forecasting & Accountability)
 This bill will not impact any public pension fund or retirement system in Illinois.

 State Debt Impact Note (Government Forecasting & Accountability)
 This bill would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.

 Housing Affordability Impact Note (Housing Development Authority)
 This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.

 Judicial Note (Admin Office of the Illinois Courts)
 This bill would neither increase nor decrease the number of judges needed in the State.

 State Mandates Fiscal Note (Dept. of Commerce & Economic Opportunity)
 This bill does not create a State mandate.

 Home Rule Note (Dept. of Commerce & Economic Opportunity)
 This bill does not pre-empt home rule authority.

 Fiscal Note (Dept. of Revenue)
 When applied to the $107 billion in assets, the total annual return for Illinois-based hedge funds is $5.17 billion. Assuming that hedge funds apply the "two and twenty" fee structure, performance fees earned by asset managers would be $1.03 billion. By applying a surcharge rate of 20 percent to this amount, we arrive at a revenue estimate of $206 million. There are several significant risks to this estimate that deserve attention. First, as noted above, we would expect such a high tax rate to elicit a strong behavioral response by asset managers to shield income from taxation. Other states with similar legislative proposals have recognized this risk and addressed it by inserting language into the bill so that the tax would only take effect if several other states with substantial hedge fund industries were to pass similar legislation. Second, the volatility in the performance of hedge fund portfolios would result in this being a highly volatile revenue source. Consequently, forecasts for this revenue source would be unreliable. Finally, as addressed by Department of Revenue legal staff, constitutional issues may prevent the state from collecting any new revenue from the surcharge.

Actions 
DateChamber Action
  2/9/2017SenateFiled with Secretary by Sen. Daniel Biss
  2/9/2017SenateFirst Reading
  2/9/2017SenateReferred to Assignments
  2/28/2017SenateAssigned to Revenue
  3/9/2017SenatePostponed - Revenue
  3/16/2017SenatePostponed - Revenue
  3/16/2017SenateAdded as Chief Co-Sponsor Sen. Ira I. Silverstein
  3/17/2017SenateRule 2-10 Committee Deadline Established As April 7, 2017
  4/6/2017SenatePostponed - Revenue
  4/7/2017SenateRule 2-10 Committee Deadline Established As May 5, 2017
  5/2/2017SenateAdded as Co-Sponsor Sen. Emil Jones, III
  5/3/2017SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Daniel Biss
  5/3/2017SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/3/2017SenateSenate Committee Amendment No. 1 Assignments Refers to Revenue
  5/3/2017SenateSenate Committee Amendment No. 1 Adopted
  5/4/2017SenateDo Pass as Amended Revenue; 005-004-000
  5/4/2017SenatePlaced on Calendar Order of 2nd Reading May 5, 2017
  5/4/2017SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  5/4/2017SenateRule 2-10 Third Reading Deadline Established As May 31, 2017
  5/4/2017SenateSecond Reading
  5/4/2017SenatePlaced on Calendar Order of 3rd Reading May 5, 2017
  5/11/2017SenateAdded as Co-Sponsor Sen. Omar Aquino
  5/18/2017SenateAdded as Chief Co-Sponsor Sen. Iris Y. Martinez
  5/22/2017SenateAdded as Co-Sponsor Sen. Cristina Castro
  5/23/2017SenateAdded as Co-Sponsor Sen. Mattie Hunter
  5/23/2017SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Daniel Biss
  5/23/2017SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/23/2017SenateSenate Floor Amendment No. 2 Be Approved for Consideration Assignments
  5/23/2017SenateRecalled to Second Reading
  5/23/2017SenateSenate Floor Amendment No. 2 Adopted; Biss
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading
  5/23/2017SenateThird Reading - Passed; 032-024-001
  5/24/2017HouseArrived in House
  5/24/2017HouseChief House Sponsor Rep. Emanuel Chris Welch
  5/24/2017HouseFiscal Note Requested by Rep. David McSweeney
  5/24/2017HouseState Mandates Fiscal Note Requested by Rep. David McSweeney
  5/24/2017HouseBalanced Budget Note Requested by Rep. David McSweeney
  5/24/2017HouseHome Rule Note Requested by Rep. David McSweeney
  5/24/2017HouseHousing Affordability Impact Note Requested by Rep. David McSweeney
  5/24/2017HouseJudicial Note Requested by Rep. David McSweeney
  5/24/2017HousePension Note Requested by Rep. David McSweeney
  5/24/2017HouseState Debt Impact Note Requested by Rep. David McSweeney
  5/24/2017HouseBalanced Budget Note Filed
  5/24/2017HousePension Note Filed
  5/24/2017HouseState Debt Impact Note Filed
  5/24/2017HouseHousing Affordability Impact Note Filed
  5/24/2017HouseFirst Reading
  5/24/2017HouseReferred to Rules Committee
  5/25/2017HouseJudicial Note Filed
  5/25/2017HouseAssigned to Revenue & Finance Committee
  5/26/2017HouseFinal Action Deadline Extended-9(b) May 31, 2017
  5/30/2017HouseState Mandates Fiscal Note Filed
  5/30/2017HouseHome Rule Note Filed
  5/31/2017HouseDo Pass / Short Debate Revenue & Finance Committee; 007-004-000
  5/31/2017HousePlaced on Calendar 2nd Reading - Short Debate
  5/31/2017HouseFiscal Note Filed
  5/31/2017HouseFinal Action Deadline Extended-9(b) June 30, 2017
  6/21/2017HouseSecond Reading - Short Debate
  6/21/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  6/22/2017HouseAdded Alternate Chief Co-Sponsor Rep. Mary E. Flowers

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