Illinois General Assembly - Bill Status for HB2706
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 Bill Status of HB2706  94th General Assembly


Short Description:  TOBACCO TAXES-FORFEITURES

House Sponsors
Rep. Gary Hannig

Senate Sponsors
(Sen. Don Harmon)

Last Action
DateChamber Action
  5/19/2006HousePublic Act . . . . . . . . . 94-0776

Statutes Amended In Order of Appearance
35 ILCS 130/21from Ch. 120, par. 453.21
35 ILCS 135/26from Ch. 120, par. 453.56
35 ILCS 135/27from Ch. 120, par. 453.57
35 ILCS 143/10-58


Synopsis As Introduced
Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Provides that the Department of Revenue may destroy, maintain and use in an undercover capacity, or sell any forfeited original packages of cigarettes or any forfeited cigarette vending devices (now, the Department must sell the property). Effective immediately.

House Floor Amendment No. 1
Adds reference to:
20 ILCS 1605/3from Ch. 120, par. 1153
20 ILCS 1605/4from Ch. 120, par. 1154
20 ILCS 1605/5from Ch. 120, par. 1155
20 ILCS 1605/7.1from Ch. 120, par. 1157.1
20 ILCS 1605/7.2from Ch. 120, par. 1157.2
20 ILCS 1605/7.6from Ch. 120, par. 1157.6
20 ILCS 1605/7.11from Ch. 120, par. 1157.11
20 ILCS 1605/9from Ch. 120, par. 1159
20 ILCS 1605/10from Ch. 120, par. 1160
20 ILCS 1605/10.1from Ch. 120, par. 1160.1
20 ILCS 1605/10.1afrom Ch. 120, par. 1160.1a
20 ILCS 1605/10.2from Ch. 120, par. 1160.2
20 ILCS 1605/10.6from Ch. 120, par. 1160.6
20 ILCS 1605/10.7
20 ILCS 1605/12from Ch. 120, par. 1162
20 ILCS 1605/13from Ch. 120, par. 1163
20 ILCS 1605/14from Ch. 120, par. 1164
20 ILCS 1605/14.3
20 ILCS 1605/15from Ch. 120, par. 1165
20 ILCS 1605/19from Ch. 120, par. 1169
20 ILCS 1605/21from Ch. 120, par. 1171
20 ILCS 1605/24from Ch. 120, par. 1174
35 ILCS 5/704from Ch. 120, par. 7-704
35 ILCS 5/902from Ch. 120, par. 9-902
35 ILCS 120/5jfrom Ch. 120, par. 444j
35 ILCS 130/21from Ch. 120, par. 453.21
35 ILCS 135/26from Ch. 120, par. 453.56
35 ILCS 135/27from Ch. 120, par. 453.57
35 ILCS 143/10-58
70 ILCS 3610/5.01from Ch. 111 2/3, par. 355.01

Deletes everything after the enacting clause. Amends the Illinois Lottery Law. Makes various changes to conform with the transfer of all powers, duties, rights, and responsibilities vested in the Department of the Lottery to the Department of Revenue in accordance with Executive Order No. 9 (2003). Amends the Illinois Income Tax Act and the Retailers' Occupation Tax Act. Provides that certain employers must make an annual return concerning tax withholding only if required by a rule of the Department of Revenue. Requires the purchaser or transferee of certain business assets to file a notice of the sale or transfer of those assets with the Department of Revenue within 10 business days (now, 10 days) of the sale or transfer and authorizes the purchaser or transferee to notify the Department of the sale or transfer of those assets at least 10 business days (now, 10 days) before the intended sale or transfer. Requires that any order issued by the Department to withhold from the purchase price shall be issued within 10 business days (now, 10 days) after the Department receives the notice. Requires the Department to provide written notice of the actual amount of taxes, penalties, and interest due and whether additional amounts may become due within 60 business days (now, 60 days) after the issuance of the initial order. Makes corresponding changes. Amends the Cigarette Tax Act, the Cigarette Use Tax Act, and the Tobacco Products Tax Act of 1995. Provides that the Department of Revenue may destroy, maintain and use in an undercover capacity, or sell any forfeited original packages of cigarettes or any forfeited cigarette vending devices (now, the Department must sell the property). Amends the Local Mass Transit District Act. Provides that, after July 1, 2004, if the voters have approved a referendum to increase the tax rate, the Metro East Mass Transit District Board of Trustees may adopt by a majority vote an ordinance that excludes tangible personal property that is titled or registered with a State agency from an approved tax rate increase and establishes requirements for the administration and enforcement of the rate increase. Prohibits the Board from reimposing a previously excluded tax rate increase. Makes corresponding changes. Deletes provisions (i) requiring the Board to forward a copy of certain fee ordinances to the Secretary of State; (ii) authorizing the Board to impose a penalty against a retailer that fails to pay applicable fees within 30 days of the date of the transaction; and (iii) authorizing the Board to impose a replacement vehicle tax. Effective immediately.

House Floor Amendment No. 2
Adds reference to:
20 ILCS 2505/2505-210was 20 ILCS 2505/39c-1

Amends the Department of Revenue Law of the Civil Administrative Code of Illinois. In a Section requiring taxpayers with a certain annual tax liability to make payments by electronic funds transfer, sets forth that a provision exempting tax liability under the Motor Fuel Tax Law and the Environmental Impact Fee Law from the definition of "annual tax liability" shall only continue through December 31, 2005.

House Floor Amendment No. 5
Deletes reference to:
20 ILCS 1605/7.2
20 ILCS 1605/15
35 ILCS 5/704

In the Illinois Lottery Law, deletes the changes made to a Section concerning rules and regulations and made to a Section concerning purchases of lottery tickets by minors. In the Illinois Income Tax Act, deletes the changes made to a Section concerning employers' returns and payment of taxes withheld.

Senate Committee Amendment No. 1
Adds reference to:
35 ILCS 5/203from Ch. 120, par. 2-203

Further amends the Illinois Income Tax Act. Sets forth procedures for calculating the deduction for the depreciation of property for which a bonus depreciation deduction was taken from the taxpayer's federal adjusted gross income. Makes technical changes to cross references.

Senate Committee Amendment No. 2
Deletes reference to:
20 ILCS 2505/2505-210

Deletes the changes made to a provision in a Section requiring payments by electronic funds transfer, that the exemption of tax liability under the Motor Fuel Tax Law and the Environmental Impact Fee Law from the definition of "annual tax liability" shall continue only through December 31, 2005.

Senate Floor Amendment No. 3
Further amends the Illinois Income Tax Act. Sets forth additional modifications to base income concerning the treatment of federal bonus depreciation deductions.

Actions 
DateChamber Action
  2/22/2005HouseFiled with the Clerk by Rep. Gary Hannig
  2/22/2005HouseFirst Reading
  2/22/2005HouseReferred to Rules Committee
  2/23/2005HouseAssigned to Revenue Committee
  3/3/2005HouseRecommends Be Adopted Sub-committee/ Revenue Committee; 003-000-000
  3/3/2005HouseRemains in Revenue Committee
  3/3/2005HouseDo Pass / Short Debate Revenue Committee; 012-000-000
  3/3/2005HousePlaced on Calendar 2nd Reading - Short Debate
  4/5/2005HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Gary Hannig
  4/5/2005HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/5/2005HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Gary Hannig
  4/5/2005HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/5/2005HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Gary Hannig
  4/5/2005HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  4/7/2005HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Gary Hannig
  4/7/2005HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  4/8/2005HouseSecond Reading - Short Debate
  4/8/2005HouseHeld on Calendar Order of Second Reading - Short Debate
  4/15/2005HouseRule 19(a) / Re-referred to Rules Committee
  5/3/2005HouseThird Reading/Final Action Deadline Extended-9(b) May 27, 2005
  5/3/2005HouseApproved for Consideration Rules Committee; 005-000-000
  5/3/2005HousePlaced on Calendar 2nd Reading - Short Debate
  5/3/2005HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Gary Hannig
  5/3/2005HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  5/4/2005HouseHouse Floor Amendment No. 1 Recommends Be Adopted Rules Committee; 003-000-000
  5/4/2005HouseHouse Floor Amendment No. 2 Recommends Be Adopted Rules Committee; 003-000-000
  5/4/2005HouseHouse Floor Amendment No. 5 Recommends Be Adopted Rules Committee; 003-000-000
  5/4/2005HouseSecond Reading - Short Debate
  5/4/2005HouseHouse Floor Amendment No. 1 Adopted by Voice Vote
  5/4/2005HouseHouse Floor Amendment No. 2 Adopted by Voice Vote
  5/4/2005HouseHouse Floor Amendment No. 5 Adopted by Voice Vote
  5/4/2005HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/19/2005HouseThird Reading - Short Debate - Passed 103-011-000
  5/19/2005HouseHouse Floor Amendment No. 3 Tabled Pursuant to Rule 40(a)
  5/19/2005HouseHouse Floor Amendment No. 4 Tabled Pursuant to Rule 40(a)
  5/19/2005SenateArrive in Senate
  5/19/2005SenatePlaced on Calendar Order of First Reading May 20, 2005
  5/19/2005SenateChief Senate Sponsor Sen. Don Harmon
  5/20/2005SenateFirst Reading
  5/20/2005SenateReferred to Rules
  10/19/2005SenateRule 2-10 Third Reading Deadline Extended to December 31, 2005
  10/19/2005SenateAssigned to Revenue
  10/24/2005SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Don Harmon
  10/24/2005SenateSenate Committee Amendment No. 1 Referred to Rules
  10/25/2005SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. Don Harmon
  10/25/2005SenateSenate Committee Amendment No. 2 Referred to Rules
  10/25/2005SenateSenate Committee Amendment No. 1 Rules Refers to Revenue
  10/25/2005SenateSenate Committee Amendment No. 2 Rules Refers to Revenue
  10/25/2005SenateSenate Committee Amendment No. 1 Adopted
  10/25/2005SenateSenate Committee Amendment No. 2 Adopted
  10/25/2005SenateDo Pass as Amended Revenue; 009-001-000
  10/25/2005SenatePlaced on Calendar Order of 2nd Reading October 26, 2005
  10/26/2005SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Don Harmon
  10/26/2005SenateSenate Floor Amendment No. 3 Referred to Rules
  10/26/2005SenateSecond Reading
  10/26/2005SenatePlaced on Calendar Order of 3rd Reading October 27, 2005
  10/26/2005SenateSenate Floor Amendment No. 3 Rules Refers to Revenue
  10/26/2005SenateSenate Floor Amendment No. 3 Recommend Do Adopt Revenue; 008-000-000
  10/27/2005SenateRecalled to Second Reading
  10/27/2005SenateSenate Floor Amendment No. 3 Adopted; Harmon
  10/27/2005SenatePlaced on Calendar Order of 3rd Reading
  10/27/2005SenateThird Reading - Passed; 058-000-000
  10/27/2005HouseArrived in House
  10/27/2005HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2,3
  11/4/2005HouseFinal Action Deadline Extended-9(b) January 11, 2006
  1/11/2006HouseRule 19(b) / Re-referred to Rules Committee
  3/8/2006HouseFinal Action Deadline Extended-9(b) April 7, 2006
  3/8/2006HouseApproved for Consideration Rules Committee; 003-000-000
  3/8/2006HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1,2,3
  3/8/2006HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Gary Hannig
  3/8/2006HouseSenate Committee Amendment No. 2 Motion Filed Concur Rep. Gary Hannig
  3/8/2006HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Gary Hannig
  3/8/2006HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  3/8/2006HouseSenate Committee Amendment No. 2 Motion to Concur Referred to Rules Committee
  3/8/2006HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  3/8/2006HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Revenue Committee
  3/8/2006HouseSenate Committee Amendment No. 2 Motion to Concur Rules Referred to Revenue Committee
  3/8/2006HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Revenue Committee
  3/16/2006HouseSenate Committee Amendment No. 1 Motion to Concur Recommends be Adopted Revenue Committee; 007-000-000
  3/16/2006HouseSenate Committee Amendment No. 2 Motion to Concur Recommends be Adopted Revenue Committee; 007-000-000
  3/16/2006HouseSenate Floor Amendment No. 3 Motion to Concur Recommends be Adopted Revenue Committee; 007-000-000
  3/24/2006HouseSenate Committee Amendment No. 1 House Concurs 111-001-000
  3/24/2006HouseSenate Committee Amendment No. 2 House Concurs 111-001-000
  3/24/2006HouseSenate Floor Amendment No. 3 House Concurs 111-001-000
  3/24/2006HousePassed Both Houses
  4/21/2006HouseSent to the Governor
  5/19/2006HouseGovernor Approved
  5/19/2006HouseEffective Date May 19, 2006
  5/19/2006HousePublic Act . . . . . . . . . 94-0776

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