Bill Status of SB3397  98th General Assembly


Short Description:  ROTA-BAD DEBT

Senate Sponsors
Sen. Toi W. Hutchinson, Dan Kotowski, Melinda Bush and Napoleon Harris, III

House Sponsors
(Rep. Anthony DeLuca - John E. Bradley - Barbara Flynn Currie - Dwight Kay, Arthur Turner, Ron Sandack, Ed Sullivan, Jr., Jaime M. Andrade, Jr., Robert Rita, Thaddeus Jones, Joe Sosnowski, Frank J. Mautino and Michael J. Zalewski)

Last Action
DateChamber Action
  1/13/2015SenateSession Sine Die

Statutes Amended In Order of Appearance
35 ILCS 120/6d new


Synopsis As Introduced
Amends the Retailers' Occupation Tax Act. Provides that a retailer is relieved from liability for any tax that becomes due and payable if the tax is represented by amounts that are found to be worthless or uncollectible and have been charged off in accordance with generally accepted accounting principles on and after July 1, 2014. Provide for a deduction if the retailer had previously paid such a tax. Effective immediately.

Senate Committee Amendment No. 1
Deletes reference to:
35 ILCS 120/6d new
Adds reference to:
35 ILCS 120/14from Ch. 120, par. 453

Replaces everything after the enacting clause. Amends the Retailers' Occupation Tax Act. Makes a technical change in a Section concerning the short title.

Senate Floor Amendment No. 2
Deletes reference to:
35 ILCS 120/14
Adds reference to:
35 ILCS 105/19from Ch. 120, par. 439.19
35 ILCS 115/12from Ch. 120, par. 439.112
35 ILCS 120/6d new
55 ILCS 5/5-1006from Ch. 34, par. 5-1006
55 ILCS 5/5-1006.5
55 ILCS 5/5-1006.7
65 ILCS 5/8-11-1from Ch. 24, par. 8-11-1
65 ILCS 5/8-11-1.3from Ch. 24, par. 8-11-1.3
65 ILCS 5/8-11-1.6
70 ILCS 750/25
70 ILCS 1605/30
70 ILCS 3610/5.01from Ch. 111 2/3, par. 355.01
70 ILCS 3615/4.03from Ch. 111 2/3, par. 704.03
70 ILCS 3720/4from Ch. 111 2/3, par. 254

Replaces everything after the enacting clause. Reinserts provisions that are substantially similar to the introduced bill with the following changes: (1) provides that the uncollectible debt must be eligible for deduction under Section 166 of the Internal Revenue Code; (2) provides that the retailer is relieved from liability only for amounts that are charged off as bad debt on or after January 1, 2015 (instead of July 1, 2015); (3) provides that the deduction for uncollectible debt does not apply to titled property; (4) provides that the deduction is exempt from the Act's automatic sunset provision; and (5) adds conforming changes in the Use Tax Act, the Service Occupation Tax Act, the Counties Code, the Municipal Code, the Metro-East Park and Recreation District Act, the Local Mass Transit District Act, the Regional Transportation Authority Act, the Flood Protection District Act, and the Water Commission Act.

Senate Floor Amendment No. 3
Makes changes to the bill as amended by Senate Amendment 2. Provides that the term "private-label credit card" means a charge card or credit card that carries, refers to, or is branded with the name or logo of a retailer and may only be used to make purchases from that retailer or that retailer's affiliates and franchisees.

House Committee Amendment No. 1
Makes changes to the documentation required to be maintained by retailers and lenders with respect to private label credit cards. Provides that a retailer claiming a deduction or refund for bad debts from a private label credit card may not be allowed to meet a lesser standard of documentation than a retailer that claims a deduction or refund for bad debts that are not from a private label credit card.

Governor Amendatory Veto Message
Proposes to amend the Illinois Income Tax Act to increase the earned income tax credit to (1) 12% of the federal credit for tax years beginning on or after January 1, 2016, (2) 14% of the federal credit for tax years beginning on or after January 1, 2017, (3) 16% of the federal credit for tax years beginning on or after January 1, 2018, (4) 18% of the federal credit for tax years beginning on or after January 1, 2019, and 20% of the federal credit for tax years beginning on or after January 1, 2020.

Actions 
DateChamber Action
  2/14/2014SenateFiled with Secretary by Sen. Toi W. Hutchinson
  2/14/2014SenateFirst Reading
  2/14/2014SenateReferred to Assignments
  2/20/2014SenateAdded as Co-Sponsor Sen. Dan Kotowski
  2/25/2014SenateAssigned to Revenue
  3/6/2014SenatePostponed - Revenue
  3/21/2014SenatePostponed - Revenue
  3/21/2014SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Toi W. Hutchinson
  3/21/2014SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/25/2014SenateSenate Committee Amendment No. 1 Assignments Refers to Revenue
  3/27/2014SenatePostponed - Revenue
  3/27/2014SenateSenate Committee Amendment No. 1 Postponed - Revenue
  3/28/2014SenateRule 2-10 Committee Deadline Established As April 11, 2014
  4/2/2014SenateSenate Committee Amendment No. 1 Adopted
  4/3/2014SenateDo Pass as Amended Revenue; 010-002-000
  4/3/2014SenatePlaced on Calendar Order of 2nd Reading April 7, 2014
  4/4/2014SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Toi W. Hutchinson
  4/4/2014SenateSenate Floor Amendment No. 2 Referred to Assignments
  4/7/2014SenateSenate Floor Amendment No. 2 Assignments Refers to Revenue
  4/8/2014SenateSenate Floor Amendment No. 2 Recommend Do Adopt Revenue; 009-000-000
  4/8/2014SenateAdded as Co-Sponsor Sen. Melinda Bush
  4/8/2014SenateSecond Reading
  4/8/2014SenateSenate Floor Amendment No. 2 Adopted; Hutchinson
  4/8/2014SenatePlaced on Calendar Order of 3rd Reading April 9, 2014;
  4/8/2014SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Toi W. Hutchinson
  4/8/2014SenateSenate Floor Amendment No. 3 Referred to Assignments
  4/9/2014SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  4/10/2014SenateRecalled to Second Reading
  4/10/2014SenateSenate Floor Amendment No. 3 Adopted; Hutchinson
  4/10/2014SenatePlaced on Calendar Order of 3rd Reading
  4/10/2014SenateThird Reading - Passed; 057-000-000
  4/11/2014HouseArrived in House
  4/11/2014HouseChief House Sponsor Rep. Anthony DeLuca
  4/16/2014HouseAdded Alternate Co-Sponsor Rep. Arthur Turner
  4/16/2014HouseFirst Reading
  4/16/2014HouseReferred to Rules Committee
  4/28/2014HouseAssigned to Revenue & Finance Committee
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Ron Sandack
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Ed Sullivan, Jr.
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Jaime M. Andrade, Jr.
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Robert Rita
  4/30/2014HouseAdded Alternate Co-Sponsor Rep. Thaddeus Jones
  5/1/2014HouseTo Sales and Other Taxes Subcommittee
  5/7/2014HouseAdded Alternate Co-Sponsor Rep. Joe Sosnowski
  5/15/2014HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Anthony DeLuca
  5/15/2014HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. John E. Bradley
  5/15/2014HouseAlternate Chief Co-Sponsor Changed to Rep. John E. Bradley
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Barbara Flynn Currie
  5/15/2014HouseAdded Alternate Chief Co-Sponsor Rep. Dwight Kay
  5/19/2014HouseHouse Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee
  5/23/2014HouseFinal Action Deadline Extended-9(b) May 30, 2014
  5/30/2014SenateAdded as Co-Sponsor Sen. Napoleon Harris, III
  5/30/2014HouseHouse Committee Amendment No. 1 Rule 19(a) / Re-referred to Rules Committee
  5/30/2014HouseRule 19(b) / Re-referred to Rules Committee
  10/17/2014HouseAdded Alternate Co-Sponsor Rep. Frank J. Mautino
  10/20/2014HouseAdded Alternate Co-Sponsor Rep. Michael J. Zalewski
  11/6/2014HouseAssigned to Revenue & Finance Committee
  11/19/2014HouseHouse Committee Amendment No. 1 Rules Refers to Revenue & Finance Committee
  11/19/2014HouseHouse Committee Amendment No. 1 Adopted in Revenue & Finance Committee; by Voice Vote
  11/19/2014HouseDo Pass as Amended / Short Debate Revenue & Finance Committee; 009-000-000
  11/19/2014HousePlaced on Calendar 2nd Reading - Short Debate
  11/19/2014HouseSecond Reading - Short Debate
  11/19/2014HousePlaced on Calendar Order of 3rd Reading - Short Debate
  11/20/2014House3/5 Vote Required
  11/20/2014HouseThird Reading - Short Debate - Passed 112-000-000
  11/20/2014SenateSecretary's Desk - Concurrence House Amendment(s) 1
  11/20/2014SenatePlaced on Calendar Order of Concurrence House Amendment(s) 1 - December 2, 2014
  12/1/2014SenateHouse Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Toi W. Hutchinson
  12/1/2014SenateHouse Committee Amendment No. 1 Motion to Concur Referred to Assignments
  12/2/2014SenateHouse Committee Amendment No. 1 Motion to Concur Assignments Referred to Revenue
  12/2/2014SenateHouse Committee Amendment No. 1 Motion To Concur Recommended Do Adopt Revenue; 010-000-000
  12/4/2014Senate3/5 Vote Required
  12/4/2014SenateHouse Committee Amendment No. 1 Senate Concurs 052-000-000
  12/4/2014SenatePassed Both Houses
  12/15/2014SenateSent to the Governor
  1/12/2015SenateGovernor Amendatory Veto
  1/13/2015SenatePlaced on Calendar Amendatory Veto
  1/13/2015SenateSession Sine Die