Bill Status of HB0046  93rd General Assembly

Short Description:  USE & OCC TAXES-ETHANOL

House Sponsors
Rep. Dan Reitz - Donald L. Moffitt - Mary K. O'Brien - George Scully, Jr. - Mike Boland, Jim Sacia, Michael K. Smith, Chapin Rose, Bill Mitchell, Frank J. Mautino, John Philip Novak, Jay C. Hoffman, Karen May, Thomas Holbrook, Rich Brauer, Jim Watson, Kurt M. Granberg, Arthur L. Turner, Bob Biggins, Art Tenhouse, Tom Cross, Jack McGuire, Frank Aguilar, Angelo Saviano, Eileen Lyons, Steve Davis, Elizabeth Coulson, Sandra M. Pihos, David A. Wirsing, Dan Brady, Patricia Reid Lindner, John J. Millner, Richard P. Myers, Dave Winters, Roger L. Eddy, Ron Stephens, Kevin A. McCarthy, Mike Bost, Timothy L. Schmitz, Michael P. McAuliffe, Kenneth Dunkin, Lou Lang, Robert F. Flider, Brandon W. Phelps, Patrick Verschoore and William J. Grunloh

Senate Sponsors
(Sen. Lawrence M. Walsh - John O. Jones - Debbie DeFrancesco Halvorson and David Luechtefeld)

Last Action
DateChamber Action
  6/11/2003HousePublic Act . . . . . . . . . 93-0015

Statutes Amended In Order of Appearance
35 ILCS 105/3-10from Ch. 120, par. 439.3-10
35 ILCS 105/3-41 new
35 ILCS 105/3-42 new
35 ILCS 110/3-10from Ch. 120, par. 439.33-10
35 ILCS 115/3-10from Ch. 120, par. 439.103-10
35 ILCS 120/2-10from Ch. 120, par. 441-10


Synopsis As Introduced
Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act. Extends the partial exemption from the taxes imposed by these Acts on gasohol to December 31, 2013 (now ends on July 1, 2003), gradually reducing the partial exemption to zero after December 31, 2013. Partially exempts E85 blend fuel and bio-diesel blend fuel in the same amount and according to the same schedule as gasohol. Provides that if, at any time, the tax under these Acts on gasohol, E85 blend fuel, and bio-diesel blend fuel is imposed at 1.25%, then the partial exemption of the tax on those items does not apply during that time. Effective immediately.

 Fiscal Note (Illinois Department of Revenue)
 Extending the reduction of sales tax on gasohol and implementing a reduction of sales tax on E85 blend fuel and bio-diesel fuel will result in decreased sales tax receipts of an undetermined amount.

House Committee Amendment No. 1
Deletes reference to:
35 ILCS 105/3-10
35 ILCS 105/3-41 new
35 ILCS 105/3-42 new
35 ILCS 110/3-10
35 ILCS 115/3-10
35 ILCS 120/2-10
Adds reference to:
35 ILCS 120/14from Ch. 120, par. 453

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

 Fiscal Note (H-AM 1) (Department of Revenue)
 HB 46 will have no fiscal impact on the Department of Revenue or the State of Illinois.

 Fiscal Note (Department of Revenue)
 Because the incentive on gasohol will be slightly reduced, the Department of Revenue believes that this will cover the cost of the new incentives for other biomass fuels, which would make this legislation revenue neutral.

House Floor Amendment No. 3
Deletes reference to:
35 ILCS 120/14
Adds reference to:
New Act
820 ILCS 130/2from Ch. 48, par. 39s-2
820 ILCS 130/3from Ch. 48, par. 39s-3
820 ILCS 130/4from Ch. 48, par. 39s-4

Deletes everything. Creates the Illinois Renewable Fuels Development Program Act. Provides that the Director of Commerce and Community Affairs shall establish a grant program known as the Illinois Renewable Fuels Development Program, which shall provide financial assistance for the construction, modification, alteration, or retrofitting of renewable fuel plants that have an annual production capacity of no less than 30,000,000 gallons of renewable fuel per year and that are built in Illinois. Provides that the Department must give preference to applicants that use Illinois agricultural products in the production of renewable fuel at the plant for which the grant is being requested. Provides that the recipient of a grant must enter into a project labor agreement. Provides that, subject to appropriation, the Director is authorized to award up to $15,000,000 in the aggregate in grants to eligible participants. Amends the Prevailing Wage Act. Provides that "public works" also includes all projects financed in whole or in part with funds from the Department of Commerce and Community Affairs under the Illinois Renewable Fuels Development Program Act for which there is no project labor agreement. Deletes from the definition of "public body" a requirement that the body be authorized by law to construct public works or to enter into any contract for the construction of public works. Provides that the wage for a tradesman performing maintenance is equivalent to that of a tradesman engaged in construction. Requires contractors and construction managers to post, at a location on the project site of the public works that is easily accessible to the workers engaged on the project, the prevailing wage rates for each craft or type of worker or mechanic needed to execute the contract or project or work to be performed. Provides that the failure to post a prevailing wage rate is a violation of the Act. Effective immediately.

House Floor Amendment No. 4
Adds reference to:
820 ILCS 130/2from Ch. 48, par. 39s-2
820 ILCS 130/3from Ch. 48, par. 39s-3
820 ILCS 130/4from Ch. 48, par. 39s-4

Deletes everything. Reinserts the provisions of House Amendment No. 3, but (i) removes a provision that the Department of Commerce and Community Affairs must give preference to farmer-owned cooperatives in awarding grants and (ii) removes a provision that an additional $1,000,000 in grants shall be awarded annually as an incentive for the production of renewable fuels in Illinois and to conduct research and development activities related to renewable fuels production in Illinois. Effective immediately.

Actions 
DateChamber Action
  12/3/2002HousePrefiled with Clerk by Rep. Mary K. O'Brien
  1/8/2003HouseFirst Reading
  1/8/2003HouseReferred to Rules Committee
  1/9/2003HouseAdded Co-Sponsor
  1/23/2003HouseAssigned to Executive Committee
  1/23/2003HouseAdded Chief Co-Sponsor Rep. Mary K. O'Brien
  1/23/2003HouseAdded Chief Co-Sponsor Rep. William B. Black
  1/23/2003HouseAdded Chief Co-Sponsor Rep. David A. Wirsing
  1/23/2003HouseAdded Co-Sponsor Rep. Michael K. Smith
  1/23/2003HouseAdded Co-Sponsor Rep. Chapin Rose
  1/23/2003HouseAdded Co-Sponsor Rep. Bill Mitchell
  1/23/2003HouseChief Sponsor Changed to Rep. Dan Reitz
  1/29/2003HouseRe-assigned to Revenue Committee
  1/29/2003HouseAdded Co-Sponsor Rep. Frank J. Mautino
  1/29/2003HouseAdded Co-Sponsor Rep. John Philip Novak
  1/29/2003HouseAdded Co-Sponsor Rep. Jay C. Hoffman
  1/29/2003HouseAdded Co-Sponsor Rep. Donald L. Moffitt
  1/29/2003HouseAdded Co-Sponsor Rep. Karen May
  1/29/2003HouseAdded Co-Sponsor Rep. Thomas Holbrook
  1/30/2003HouseAdded Co-Sponsor Rep. Rich Brauer
  1/30/2003HouseAdded Co-Sponsor Rep. Jim Watson
  1/30/2003HouseAdded Co-Sponsor Rep. Kurt M. Granberg
  2/4/2003HouseAdded Co-Sponsor Rep. Arthur L. Turner
  2/4/2003HouseAdded Co-Sponsor Rep. Bob Biggins
  2/5/2003HouseAdded Co-Sponsor Rep. Art Tenhouse
  2/5/2003HouseFiscal Note Filed
  2/6/2003HouseAdded Co-Sponsor Rep. Tom Cross
  2/6/2003HouseAdded Co-Sponsor Rep. Jack McGuire
  2/6/2003HouseAdded Co-Sponsor Rep. Frank Aguilar
  2/6/2003HouseAdded Co-Sponsor Rep. Angelo Saviano
  2/6/2003HouseAdded Co-Sponsor Rep. Eileen Lyons
  2/20/2003HouseAdded Co-Sponsor Rep. Steve Davis
  2/20/2003HouseAdded Co-Sponsor Rep. Elizabeth Coulson
  2/21/2003HouseHouse Committee Amendment No. 1 Filed with Clerk by Revenue Committee
  2/21/2003HouseHouse Committee Amendment No. 1 Adopted by Voice Vote; Revenue Subcommittee
  2/21/2003HouseRemains in Revenue Committee
  2/21/2003HouseAdded Co-Sponsor Rep. Mike Boland
  2/26/2003HouseAdded Co-Sponsor Rep. Sandra M. Pihos
  2/26/2003HouseAdded Co-Sponsor Rep. David A. Wirsing
  2/26/2003HouseAdded Chief Co-Sponsor Rep. Donald L. Moffitt
  2/28/2003HouseMotion Do Pass - Lost Revenue Committee; 003-000-004
  2/28/2003HouseDo Pass as Amended / Short Debate Revenue Committee; 005-000-004
  2/28/2003HousePlaced on Calendar 2nd Reading - Short Debate
  2/28/2003HouseAdded Co-Sponsor Rep. Dan Brady
  3/4/2003HouseAdded Co-Sponsor Rep. Patricia Reid Lindner
  3/4/2003HouseAdded Co-Sponsor Rep. Charles A. Hartke
  3/5/2003HouseFiscal Note Filed corrected
  3/5/2003HouseFiscal Note Filed as amended
  3/5/2003HouseSecond Reading - Short Debate
  3/5/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/5/2003HouseAdded Co-Sponsor Rep. John J. Millner
  3/5/2003HouseAdded Co-Sponsor Rep. Richard P. Myers
  3/6/2003HouseAdded Co-Sponsor Rep. Dave Winters
  3/6/2003HouseAdded Co-Sponsor Rep. Roger L. Eddy
  3/6/2003HouseAdded Co-Sponsor Rep. Ron Stephens
  3/6/2003HouseAdded Co-Sponsor Rep. Kevin A. McCarthy
  3/12/2003HouseAdded Co-Sponsor Rep. Mike Bost
  3/13/2003HouseAdded Chief Co-Sponsor Rep. George Scully, Jr.
  3/18/2003HouseAdded Co-Sponsor Rep. Timothy L. Schmitz
  3/19/2003HouseAdded Co-Sponsor Rep. Michael P. McAuliffe
  3/19/2003HouseAdded Co-Sponsor Rep. Kenneth Dunkin
  3/19/2003HouseAdded Co-Sponsor Rep. Lou Lang
  4/3/2003HouseRecalled to Second Reading - Short Debate
  4/3/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  4/4/2003HouseThird Reading Deadline Extended - Rule 9(b); May 2, 2003
  5/2/2003HouseCommittee/3rd Reading Deadline Extended-Rule 9(b); May 31, 2003
  5/14/2003HouseAdded Co-Sponsor Rep. Robert F. Flider
  5/14/2003HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  5/14/2003HouseAdded Co-Sponsor Rep. Patrick Verschoore
  5/14/2003HouseAdded Co-Sponsor Rep. William J. Grunloh
  5/20/2003HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Dan Reitz
  5/20/2003HouseHouse Floor Amendment No. 2 Rules Refers to Environment and Energy Committee
  5/20/2003HouseHouse Floor Amendment No. 3 Filed with Clerk by Rep. Dan Reitz
  5/20/2003HouseHouse Floor Amendment No. 3 Referred to Rules Committee
  5/20/2003HouseHouse Floor Amendment No. 3 Rules Refers to Environment and Energy Committee
  5/21/2003HouseHouse Floor Amendment No. 3 Recommends Be Adopted Environment and Energy Committee; 010-000-003
  5/21/2003HouseSponsor Removed Rep. William B. Black
  5/21/2003HouseHouse Floor Amendment No. 3 Adopted by Voice Vote
  5/21/2003HouseHeld on Calendar Order of Second Reading - Short Debate
  5/21/2003HouseHouse Floor Amendment No. 4 Filed with Clerk by Rep. Dan Reitz
  5/21/2003HouseHouse Floor Amendment No. 4 Referred to Rules Committee
  5/21/2003HouseHouse Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 003-002-000
  5/22/2003HouseHouse Floor Amendment No. 5 Filed with Clerk by Rep. Dan Reitz
  5/22/2003HouseHouse Floor Amendment No. 5 Referred to Rules Committee
  5/22/2003HouseAdded Chief Co-Sponsor Rep. Mike Boland
  5/22/2003HouseHouse Floor Amendment No. 4 Adopted by Voice Vote
  5/22/2003HousePlaced on Calendar Order of 3rd Reading - Short Debate
  5/22/2003HouseHouse Floor Amendment No. 2 Tabled Pursuant to Rule 40(a)
  5/22/2003HouseHouse Floor Amendment No. 5 Tabled Pursuant to Rule 40(a)
  5/22/2003HouseThird Reading - Short Debate - Passed 117-000-000
  5/22/2003SenateArrive in Senate
  5/22/2003SenatePlaced on Calendar Order of First Reading
  5/22/2003SenateChief Senate Sponsor Sen. Lawrence M. Walsh
  5/22/2003SenateFirst Reading
  5/22/2003SenateReferred to Rules
  5/22/2003SenateAssigned to Agriculture & Conservation
  5/22/2003SenateCommittee/3rd Reading Deadline Extended-Rule 2-10, to May 31, 2003.
  5/28/2003SenateDo Pass Agriculture & Conservation; 008-000-000
  5/28/2003SenatePlaced on Calendar Order of 2nd Reading May 29, 2003
  5/28/2003SenateAdded as Alternate Chief Co-Sponsor Sen. John O. Jones
  5/29/2003SenateAdded as Alternate Co-Sponsor Sen. David Luechtefeld
  5/29/2003SenateSecond Reading
  5/29/2003SenatePlaced on Calendar Order of 3rd Reading May 30, 2003
  5/30/2003SenateAdded as Alternate Chief Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  5/30/2003SenateThird Reading - Passed; 059-000-000
  5/30/2003HousePassed Both Houses
  6/10/2003HouseSent to the Governor
  6/11/2003HouseGovernor Approved
  6/11/2003HouseEffective Date June 11, 2003
  6/11/2003HousePublic Act . . . . . . . . . 93-0015