90th General Assembly
Status of HB0601
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TURNER,ART-BRUNSVOLD-KUBIK-GRANBERG-MOORE,ANDREA, 
   SMITH,MICHAEL, HOLBROOK, BOLAND.

(PETERSON-FITZGERALD-SEVERNS-COLLINS)

   New Act                                                                     
   30 ILCS 105/6z-18         from Ch. 127, par. 142z-18                        
   30 ILCS 105/6z-20         from Ch. 127, par. 142z-20                        
   35 ILCS 105/3-5           from Ch. 120, par. 439.3-5                        
   35 ILCS 120/2-5           from Ch. 120, par. 441-5                          

        Creates the Automobile Leasing Occupation  and  Use  Tax  Act  to      
   impose  a tax at the rate of 6.25% on the leasing of automobiles for a      
   period of more than one year. Provides  that  tax  proceeds  shall  be      
   deposited  into  the Local Government Tax Fund and the County and Mass      
   Transit District Fund. Amends the  Use  Tax  Act  and  the  Retailers'      
   Occupation Tax Act to exempt the leasing of automobiles and the use of      
   leased  automobiles  from  taxation  under  those  Acts. Provides that      
   lessors who claim not to be engaged in the auto leasing  business  for      
   purposes  of  collecting the Automobile Leasing Occupation and Use Tax      
   may not claim an exemption under the  Retailers'  Occupation  Tax  Act      
   unless  they  register  with  the  Department  and  pay  tax under the      
   Automobile Leasing Occupation and Use Tax. Amends  the  State  Finance      
   Act  to  provide for distribution of money in the Local Government Tax      
   Fund and the County and Mass Transit District Fund from the Automobile      
   Leasing Occupation and Use Tax to local governments  where  the  lease      
   transactions occurred.                                                      
          STATE MANDATES FISCAL NOTE                                           
          HB601 fails to create a State mandate.                               
          FISCAL NOTE (Dept. of Revenue)                                       
          Estimated negative fiscal impact will be $288.4 M cumulative         
          the first three years and $67 M in each subsequent year.             
        HOUSE AMENDMENT NO. 2.                                                 
          Deletes reference to:                                                
          35 ILCS 105/3-5                                                      
          35 ILCS 120/2-5                                                      
          Adds reference to:                                                   
          30 ILCS 105/5.449 new                                                
          30 ILCS 105/6z-42 new                                                
        Deletes everything. Creates the Automobile Leasing Occupation and      
   Use Tax Act to impose a use tax on the leasing of  automobiles  leased      
   for  a  period  of more than one year.  Provides that the tax shall be      
   imposed (1) at a rate equal to the sum of 1.25%, plus a rate equal  to      
   the  rate of any additional occupation or use tax imposed by a unit of      
   local government that is authorized to and does impose  an  additional      
   occupation  or  use tax, of the capitalized cost, to be paid in a lump      
   sum at the start of the lease term, and (2) at the rate of 5%  of  the      
   monthly  leasing  price  paid  to  lessor  under  the lease agreement.      
   Imposes a retailers' occupation tax (1) at a rate equal to the sum  of      
   1.25%,  plus  a rate equal to the rate of any additional occupation or      
   use tax imposed by a unit of local government that  is  authorized  to      
   and   does  impose  an  additional  occupation  or  use  tax,  of  the      
   capitalized cost, to be paid in a lump sum payment at the start of the      
   lease term, (2) at the rate  of  5%  of  the  monthly  gross  receipts      
   received  from the business, and (3) at the rate of 5% of the value of      
   the automobile at the time a lessee exercises an option to purchase  a      
   leased  vehicle.  Provides  that  the  1.25%  tax  plus any additional      
   occupation or use tax imposed by a unit of local  government  that  is      
   authorized  to  impose and does impose an additional occupation or use      
   tax shall be deposited into the Automobile Leasing Occupation and  Use      
   Tax  Distribution  Fund for distribution by the Department of Revenue.      
   Provides that of the 1.25% tax, 1% shall be deposited into  the  Local      
   Government  Tax  Fund  and .25% shall be deposited into the County and      
   Mass Transit District Fund of the unit of local government  where  the      
   vehicle  was  removed from the retailers' inventory or, in the case of      
   out-of-State leases, of the unit of local government where the vehicle      
   is titled. Provides that any moneys received from the additional  rate      
   imposed as an equivalent of any additional occupation or use tax shall      
   be  distributed  to  the  unit  of  local government imposing the tax.      
   Amends the State Finance Act to provide for distribution of  money  in      
   the Local Government Tax Fund and the County and Mass Transit District      
   Fund  from  the  Automobile  Leasing  Occupation  and Use Tax to local      
   governments  where  the  lease  transactions  occurred.  Creates   the      
   Automobile Leasing Occupation and Use Tax Distribution Fund.                
        HOUSE AMENDMENT NO. 3.                                                 
          Adds reference to:                                                   
          35 ILCS 105/3-5                 from Ch. 120, par. 439.3-5           
          35 ILCS 120/2-5                 from Ch. 120, par. 441-5             
        Corrects  references.   Provides  for  administration.   Restores      
   exemptions to the Use Tax Act and the Retailers' Occupation Tax Act.        
          STATE MANDATES FISCAL NOTE, H-AM 2                                   
          No change from previous mandates note.                               
          FISCAL NOTE, H-AMS 2 & 3 (Dept. of Revenue)                          
          Negative fiscal impact of $231 M for the first 3 years and           
          $53.6 M in each subsequent year thereafter, the revenue loss         
          from State tax receipts, as the locals will continue to receive      
          current tax allocations based upon the two tier tax structure.       
   97-02-06  H  FIRST READING                                                  
   97-02-06  H  ADDED AS A JOINT SPONSOR                 BRUNSVOLD             
   97-02-06  H  ADDED AS A CO-SPONSOR                    KUBIK                 
   97-02-06  H  ADDED AS A CO-SPONSOR                    GRANBERG              
   97-02-06  H  ADDED AS A CO-SPONSOR                    MOORE,ANDREA          
   97-02-06  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-02-10  H       ASSIGNED TO COMMITTEE               REVENUE               
   97-03-07  H  ADDED AS A CO-SPONSOR                    BLACK                 
   97-03-13  H                     FISCAL NOTE REQUESTED MOORE,A               
   97-03-13  H  STATE MANDATES FISCAL NOTE REQUESTED     MOORE.A               
   97-03-13  H  DO PASS/SHORT DEBATE                     008-002-001   HREV    
   97-03-13  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-04-07  H  STATE MANDATES FISCAL NOTE FILED                               
   97-04-07  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-09  H                         FISCAL NOTE FILED                       
   97-04-09  H                             AMENDMENT NO. 01-MOORE,ANDREA       
   97-04-09  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-09  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-10  H                             AMENDMENT NO. 02-MOORE,ANDREA       
   97-04-10  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-10  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-11  H                             AMENDMENT NO. 01-MOORE,ANDREA       
   97-04-11  H                           RULES REFERS TO HREV                  
   97-04-11  H                             AMENDMENT NO. 02-MOORE,ANDREA       
   97-04-11  H                           RULES REFERS TO HREV                  
   97-04-11  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-12  H                             AMENDMENT NO. 02-MOORE,ANDREA       
   97-04-12  H                                BE ADOPTED HREV                  
   97-04-12  H                             AMENDMENT NO. 03-MOORE,ANDREA       
   97-04-12  H                     AMENDMENT REFERRED TO HRUL                  
   97-04-12  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-04-12  H  ADDED AS A CO-SPONSOR                    SMITH,MICHAEL         
   97-04-12  H  ADDED AS A CO-SPONSOR                    HOLBROOK              
   97-04-12  H  ADDED AS A CO-SPONSOR                    BOLAND                
   97-04-14  H                     FISCAL NOTE REQUESTED AS AMENDED/CURRIE     
   97-04-14  H                             AMENDMENT NO. 03-MOORE,ANDREA       
   97-04-14  H                                BE ADOPTED HRUL                  
   97-04-14  H  SECOND READING-SHORT DEBATE                                    
   97-04-14  H                             AMENDMENT NO. 02-MOORE,ANDREA       
   97-04-14  H                                   ADOPTED                       
   97-04-14  H                             AMENDMENT NO. 03-MOORE,ANDREA       
   97-04-14  H                                   ADOPTED                       
   97-04-14  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-15  H  STATE MANDATES FISCAL NOTE FILED         AS AMENDED            
   97-04-15  H                         FISCAL NOTE FILED AS AMENDED            
   97-04-15  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-04-24  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-04-24  H  TABLED PURSUANT TO RULE                  40(A) HFA 01          
   97-04-24  H  THIRD READING/SHORT DEBATE/PASSED        115-001-001           
   97-04-24  S  ARRIVE IN SENATE                                               
   97-04-24  S  CHIEF SPONSOR                            PETERSON              
   97-04-24  S  PLACED CALENDAR ORDER OF FIRST READING                         
   97-04-24  S  ADDED AS A CHIEF CO-SPONSOR              FITZGERALD            
   97-04-24  S  ADDED AS A CHIEF CO-SPONSOR              SEVERNS               
   97-04-25  S  FIRST READING                                                  
   97-04-25  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-04-25  S  ADDED AS A CO-SPONSOR                    WELCH                 
   97-04-29  S       ASSIGNED TO COMMITTEE               REVENUE               
   97-05-01  S  ADDED AS A CO-SPONSOR                    SYVERSON              
   97-05-08  S       DO PASS                             010-000-000   SREV    
   97-05-08  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-05-09              
   97-05-09  S  SECOND READING                                                 
   97-05-09  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-05-12              
   97-05-13  S  ADDED AS A CHIEF CO-SPONSOR              COLLINS               
   97-05-13  S  THIRD READING - PASSED                   055-000-003           
   97-05-13  H  PASSED BOTH HOUSES                                             
   97-06-11  H  SENT TO THE GOVERNOR                                           
   97-08-01  H  GOVERNOR VETOED                                                
   97-08-01  H  PLACED CALENDAR TOTAL VETO               OCTOBER 28, 1997      
   97-10-30  H  TOTAL VETO STANDS                                              

   END OF INQUIRY 



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