Illinois General Assembly - Bill Status for SB2205
Illinois General Assembly

Previous General Assemblies

 Bill Status of SB2205  93rd General Assembly


Short Description:  BUDGET IMPLEMENTATION-FY2005

Senate Sponsors
Sen. Miguel del Valle - Mattie Hunter

House Sponsors
(Rep. Tom Cross - Michael J. Madigan - Barbara Flynn Currie - Mark H. Beaubien, Jr. - Gary Hannig)

Last Action
DateChamber Action
  7/30/2004SenatePublic Act . . . . . . . . . 93-0838

Statutes Amended In Order of Appearance
New Act


Synopsis As Introduced
Creates the FY2005 Budget Implementation Act. Provides that the purpose of the Act is to make the changes in State programs that are necessary to implement the Governor's FY2005 budget recommendations.

House Committee Amendment No. 1
Deletes reference to:
New Act
Adds reference to:
35 ILCS 105/2from Ch. 120, par. 439.2
35 ILCS 105/3from Ch. 120, par. 439.3
35 ILCS 105/3-25from Ch. 120, par. 439.3-25
35 ILCS 110/2from Ch. 120, par. 439.32
35 ILCS 110/3-25from Ch. 120, par. 439.33-25
35 ILCS 115/2from Ch. 120, par. 439.102
35 ILCS 115/3-25from Ch. 120, par. 439.103-25
35 ILCS 120/1from Ch. 120, par. 440
35 ILCS 120/2from Ch. 120, par. 441
35 ILCS 120/2-25from Ch. 120, par. 441-25

Deletes everything. Amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that, beginning July 1, 2004, the licensing of computer software is (i) construed as a "sale at retail" under the Use Tax Act and the Retailers' Occupation Tax Act and (ii) subject to tax under those Acts. Beginning July 1, 2004, includes certain customized software in the definition of "computer software" (now, such software is excluded from the definition). Defines "prewritten computer software" and provides that the transfer of such computer software is subject to tax. Amends the Service Use Tax Act and the Service Occupation Tax Act. Provides that, beginning July 1, 2004, the use of licenses of computer software is considered a use of tangible personal property. Provides that the transfer of licenses of computer software is considered the transfer of tangible personal property. Beginning July 1, 2004, exempts from the tax imposed prewritten computer software that is modified or enhanced if the enhancement or modification is designed and developed, according to Department of Revenue rules, to the specifications of a specific purchaser. Effective immediately.

House Committee Amendment No. 2
Adds reference to:
30 ILCS 105/6z-45

Amends the State Finance Act. Provides that, in addition to any other deposits authorized by law, beginning July 1, 2004, on the first day of each month, or as soon thereafter as may be practical, the State Treasurer and State Comptroller shall transfer the sum of $5,000,000 from the General Revenue Fund to the School Infrastructure Fund.

 Pension Note (Economic and Fiscal Commission)
 Senate Bill 2205, as amended by House Amendment 1 and 2, would not impact any public pension fund or retirement system in Illinois.

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

 Judicial Note (Admin Office of the Illinois Courts)
 Senate Bill 2205, as amended by House Amendment 1 and 2, would neither increase nor decrease the number of judges needed in the State.

 State Debt Impact Note (Economic and Fiscal Commission)
 Senate Bill 2205, as amended by House Amendment 1and 2, would not change the bonding authorization of the State, but would transfer $60 million of new sales tax revenues to the School Infrastructure Fund to pay for debt service on School Construction bonds.

 Fiscal Note (Department of Revenue)
 As amended by HA1, will require sales tax to be paid on the transfer of prewritten software. The tax is not imposed on custome software. Will increase State revenue by an estimated $64 million.

 Fiscal Note (Department of Revenue)
 As amended by HA2, will require sales tax to be paid on the transfer of prewritten software. The tax is not imposed on custom software. The bill also amends the State Finance Act and requires $5 million per month to be transferred from the GRF to the School Infrastructure Fund. Will increase transfers to the School Infrastructure Fund by $60 million annually and increase State general fund revenue by an estimated $4 million.

 Balanced Budget Note (Office of Management and Budget)
 As amended by HA1, approximately $64 million in additional revenues for the State as provided for in the Governor's recommended balanced budget.

 Balanced Budget Note (Office of Management and Budget)
 As amended by HA2, approximately $60 million in additional General Revenue Fund cash disbursements above the Governor's recommended balanced budget.

 Correctional Note (Dept of Corrections)
 Senate Bill 2205, as amended by House Amendment 1, will have no corrections population or fiscal impact on the Department.

 Correctional Note (Dept of Corrections)
 Senate Bill 2205, as amended by House Amendment 2, will have no corrections population or fiscal impact on the Department.

 Home Rule Note (Department of Commerce and Economic Opportunity)
 Senate Bill 2205, as amended by House Amendment 1 and 2, does not pre-empt home rule authority.

 State Mandates Fiscal Note (Department of Commerce and Economic Opportunity)
 Senate Bill 2205, as amended by House Amendment 1 and 2, does not create a State mandate under the State Mandates Act.

House Floor Amendment No. 3
Deletes reference to:
35 ILCS 105/2from Ch. 120, par. 439.2
35 ILCS 105/3from Ch. 120, par. 439.3
35 ILCS 105/3-25from Ch. 120, par. 439.3-25
35 ILCS 110/2from Ch. 120, par. 439.32
35 ILCS 110/3-25from Ch. 120, par. 439.33-25
35 ILCS 115/2from Ch. 120, par. 439.102
35 ILCS 115/3-25from Ch. 120, par. 439.103-25
35 ILCS 120/1from Ch. 120, par. 440
35 ILCS 120/2from Ch. 120, par. 441
35 ILCS 120/2-25from Ch. 120, par. 441-25
35 ILCS 105/6z-45
Adds reference to:
New Act
30 ILCS 105/6z-65 new
30 ILCS 105/6z-66 new
30 ILCS 105/6z-67 new
105 ILCS 5/2-3.64from Ch. 122, par. 2-3.64
105 ILCS 5/2-3.131
105 ILCS 5/18-8.05
110 ILCS 947/45

Deletes everything after the enacting clause. Creates the FY2005 Budget Implementation (Education) Act. Amends the State Finance Act. Creates as federal trust funds in the State treasury (i) the SBE Federal Department of Education Fund to receive funds from the federal Department of Education, (ii) the SBE Federal Agency Services Fund to receive funds from all federal departments and agencies except the Departments of Education and Agriculture, and (iii) the SBE Federal Department of Agriculture Fund to receive funds from the federal Department of Education, all to be used for grants and contracts to local education agencies, colleges and universities, and other State agencies and for administrative expenses of the State Board of Education. Amends the School Code. In the Section concerning State testing, makes changes concerning which subjects students must be tested on. Provides that if the amount that the State Board of Education will pay to a school district from fiscal year 2005 appropriations, as estimated on April 1, 2005, is less than the amount that the State Board paid to the district from fiscal year 2004 appropriations, then the State Board shall make a fiscal year 2005 transitional assistance payment to the district in an amount equal to the difference between the estimated amount to be paid from fiscal year 2005 appropriations and the amount paid from fiscal year 2004 appropriations. In the State aid formula provisions, increases the foundation level of support. With regard to supplemental general State aid, provides that (i) for the 2004-2005 school year, the grant shall be no less than the grant for the 2002-2003 school year, (ii) for the 2005-2006 school year, the grant shall be no less than the grant for the 2002-2003 school year multiplied by 0.66, and (iii) for the 2006-2007 school year, the grant shall be no less than the grant for the 2002-2003 school year multiplied by 0.33. Amends the Higher Education Student Assistance Act. Provides that all money in the National Guard Grant Fund shall be used by the Illinois Student Assistance Commission (instead of the Department of Military Affairs) for the purposes of the Illinois National Guard Grant Program. Effective immediately.

Actions 
DateChamber Action
  1/15/2004SenateFiled with Secretary by Sen. Emil Jones, Jr.
  1/15/2004SenateFirst Reading
  1/15/2004SenateReferred to Rules
  1/29/2004SenateAssigned to State Government
  2/19/2004SenateDo Pass State Government; 005-002-000
  2/19/2004SenatePlaced on Calendar Order of 2nd Reading February 20, 2004
  2/24/2004SenateSecond Reading
  2/24/2004SenatePlaced on Calendar Order of 3rd Reading February 25, 2004
  3/25/2004SenateAdded as Chief Co-Sponsor Sen. Mattie Hunter
  3/25/2004SenateThird Reading - Passed; 050-003-000
  3/25/2004HouseArrived in House
  3/25/2004HousePlaced on Calendar Order of First Reading
  3/29/2004HouseChief House Sponsor Rep. Michael J. Madigan
  3/29/2004HouseFirst Reading
  3/29/2004HouseReferred to Rules Committee
  3/30/2004HouseAssigned to Executive Committee
  4/29/2004HouseDo Pass / Standard Debate Executive Committee; 007-005-000
  4/29/2004HousePlaced on Calendar 2nd Reading - Standard Debate
  5/4/2004HouseRe-committed to Rules Committee
  5/4/2004HouseAssigned to Revenue Committee
  5/13/2004HouseHouse Committee Amendment No. 1 Filed with Clerk by Revenue Committee
  5/13/2004HouseHouse Committee Amendment No. 2 Filed with Clerk by Revenue Committee
  5/13/2004HouseHouse Committee Amendment No. 1 Adopted in Revenue Committee; 005-004-000
  5/13/2004HouseHouse Committee Amendment No. 2 Adopted in Revenue Committee; 009-000-000
  5/13/2004HouseDo Pass as Amended / Standard Debate Revenue Committee; 005-004-000
  5/13/2004HousePlaced on Calendar 2nd Reading - Standard Debate
  5/14/2004HouseCommittee/3rd Reading Deadline Extended-Rule 9(b) May 31, 2004
  5/18/2004HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/18/2004HouseAdded Alternate Chief Co-Sponsor Rep. Gary Hannig
  5/20/2004HouseSecond Reading - Standard Debate
  5/20/2004HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  5/21/2004HousePension Note Filed As Amended by HA 1,2
  5/21/2004HouseHousing Affordability Impact Note Filed As Amended by HA 1,2
  5/24/2004HouseJudicial Note Filed As Amended by HA 1,2
  5/24/2004HouseState Debt Impact Note Filed As Amended by HA 1,2
  5/26/2004HouseFiscal Note Filed As Amended by HA 1
  5/26/2004HouseFiscal Note Filed As Amended by HA 2
  5/28/2004HouseBalanced Budget Note Filed As Amended by HA 1
  5/28/2004HouseBalanced Budget Note Filed As Amended by HA 2
  5/30/2004HouseCorrectional Note Filed As Amended by HA 1
  5/30/2004HouseCorrectional Note Filed As Amended by HA 2
  5/31/2004HouseFinal Action Deadline Extended-9(b) June 30, 2004
  6/3/2004HouseHome Rule Note Filed As Amended by HA 1,2
  6/3/2004HouseState Mandates Fiscal Note Filed As Amended by HA 1,2
  6/30/2004HouseFinal Action Deadline Extended-9(b) July 15, 2004
  7/15/2004HouseFinal Action Deadline Extended-9(b) JULY 31, 2004
  7/23/2004HouseRecalled to Second Reading - Standard Debate
  7/23/2004HouseHeld on Calendar Order of Second Reading - Standard Debate
  7/24/2004HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Tom Cross
  7/24/2004HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  7/24/2004HouseAlternate Chief Sponsor Changed to Rep. Tom Cross
  7/24/2004HouseAdded Alternate Chief Co-Sponsor Rep. Michael J. Madigan
  7/24/2004HouseAdded Alternate Chief Co-Sponsor Rep. Mark H. Beaubien, Jr.
  7/24/2004HouseHouse Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 005-000-000
  7/24/2004HouseHouse Floor Amendment No. 3 Motion to Suspend Rule 25 - Prevailed by Voice Vote
  7/24/2004HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  7/24/2004HousePlaced on Calendar Order of 3rd Reading - Standard Debate
  7/24/2004House3/5 Vote Required
  7/24/2004HouseThird Reading - Standard Debate - Passed 115-000-000
  7/24/2004SenateSecretary's Desk - Concurrence House Amendment(s) 01,02,03
  7/24/2004SenatePlaced on Calendar Order of Concurrence House Amendment(s) 01,02,03-July 24, 2004
  7/24/2004SenateChief Sponsor Changed to Sen. Miguel del Valle
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Miguel del Valle
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Rules
  7/24/2004SenateHouse Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Miguel del Valle
  7/24/2004SenateHouse Committee Amendment No. 2 Motion to Concur Referred to Rules
  7/24/2004SenateHouse Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Miguel del Valle
  7/24/2004SenateHouse Floor Amendment No. 3 Motion to Concur Referred to Rules
  7/24/2004SenateHouse Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Rules
  7/24/2004SenateHouse Committee Amendment No. 2 Motion to Concur Be Approved for Consideration Rules
  7/24/2004SenateHouse Floor Amendment No. 3 Motion to Concur Be Approved for Consideration Rules
  7/24/2004Senate3/5 Vote Required
  7/24/2004SenateHouse Committee Amendment No. 1 Senate Concurs 056-000-000
  7/24/2004SenateHouse Committee Amendment No. 2 Senate Concurs 056-000-000
  7/24/2004SenateHouse Floor Amendment No. 3 Senate Concurs 056-000-000
  7/24/2004SenatePassed Both Houses
  7/30/2004SenateSent to the Governor
  7/30/2004SenateGovernor Approved
  7/30/2004SenateEffective Date July 30, 2004
  7/30/2004SenatePublic Act . . . . . . . . . 93-0838

Back To Top