Senate Sponsors: RAUSCHENBERGER-JACOBS-SHADID. House Sponsors: LEITCH-SLONE Short description: ENTRPRSE ZONE-BUILDNG MATERIAL Synopsis of Bill as introduced: Amends the Retailers' Occupation Tax Act. Changes the Section that exempts the sale in an enterprise zone of building materials to be incorporated into real estate in that enterprise zone to instead exempt the sale of building materials sold by a retailer in Illinois to be incorporated into real estate in any enterprise zone in Illinois. Exempts the provisions of the Section from the sunset requirements. Amends the State Mandates Act to require implementation without reimbursement. FISCAL NOTE (Department of Revenue) For FY99 the Enterprise Zone exemption is expected to create an estimated $16.8 million loss in State and local sales and use taxes. Allowing sales of building materials to be exempt, when purchased from any retailer located in Illinois, expands the exemption somewhat, but it is not known by how much. There is only so much building that is currently being done within en- terprise zones, and most materials used now are exempt, even if extraordinary measures are necessary to obtain the exemption. HOUSE AMENDMENT NO. 1. (House recedes January 9, 2001) Adds reference to: 35 ILCS 5/201 from Ch. 120, par. 2-201 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/405 35 ILCS 5/803 from Ch. 120, par. 8-803 35 ILCS 5/1501 from Ch. 120, par. 15-1501 35 ILCS 105/3-5 from Ch. 120, par. 439.3-5 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 105/10 from Ch. 120, par. 439.10 35 ILCS 105/22 from Ch. 120, par. 439.22 35 ILCS 110/20 from Ch. 120, par. 439.50 35 ILCS 115/20 from Ch. 120, par. 439.120 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 120/6 from Ch. 120, par. 445 35 ILCS 130/4 from Ch. 120, par. 453.4 35 ILCS 130/6 from Ch. 120, par. 453.6 35 ILCS 135/4 from Ch. 120, par. 453.34 35 ILCS 135/6 from Ch. 120, par. 453.36 220 ILCS 5/8-403.1 from Ch. 111 2/3, par. 8-403.1 30 ILCS 805/8.24 new Deletes everything. Reinserts the provisions of the bill as engrossed. Amends the Illinois Income Tax Act. Adds a subtraction modification from base income in the case of an S corporation in an amount equal to all amounts of income allocable to a shareholder subject to the Personal Property Tax Replacement Income Tax. Exempts the modification from the sunset provisions of this Act. Provides an income tax credit for certain partners of a partnership and certain shareholders of S corporations if those partners or shareholders qualified their partnerships or S corporations for a subtraction modification for the Personal Property Tax Replacement Income Tax. Increases the threshold for the required payment of estimated taxes from $250 to $500 for non-corporations required to pay estimated taxes. Makes other changes. Amends the Use Tax Act, the Service Use Tax Act, the Service Occupation Tax Act, and the Retailers' Occupation Tax Act to replace references to specific local occupation and use taxes with a reference to "any local occupation or use tax administered by the Department". Makes other changes. Further amends the Use Tax Act and the Retailers' Occupation Tax Act. Provides that a retailer of aircraft, watercraft, motor vehicles, or trailers who transfers more than one of these items to a purchaser for use as qualifying rolling stock may report the transfer of all of the items involved in that transaction to the Department of Revenue on the same reporting form. Amends the Cigarette Tax Act and the Cigarette Use Tax Act. Adds a provision allowing distributors 20 days to protest a Department of Revenue decision regarding a distributor's license and adds provisions regarding hearings. Amends the Public Utilities Act. Provides that the Department of Revenue (now, the State Treasurer) shall prescribe the forms to be filed by and collect payments from qualified solid waste energy facilities based on the kilowatt hours of electricity sold by them. Effective January 1, 2001. HOUSE AMENDMENT NO. 3. (Tabled April 15, 2000) Adds reference to: 35 ILCS 120/11 from Ch. 120, par. 450 Further amends the Retailers' Occupation Tax Act. Provides that the Department of Revenue may make available to the Board of Trustees of any Metro East Mass Transit District information contained on transaction reporting returns required to be filed that report sales made within the boundary of the taxing authority of that Metro East Mass Transit District. Provides that the disclosure shall be made pursuant to a written agreement between the Department and the Board of Trustees, which is an official purpose within the meaning of the confidentiality of records Section. Provides that information so provided shall be subject to all confidentiality provisions of the confidentiality Section. HOUSE AMENDMENT NO. 5. (House recedes January 9, 2001) Adds reference to: 35 ILCS 120/11 from Ch. 120, par. 450 Further amends the Retailers' Occupation Tax Act. Provides that the Department of Revenue may make available to the Board of Trustees of any Metro East Mass Transit District information contained on transaction reporting returns required to be filed that report sales made within the boundary of the taxing authority of that Metro East Mass Transit District. Provides that the disclosure shall be made pursuant to a written agreement between the Department and the Board of Trustees, which is an official purpose within the meaning of the confidentiality of records Section. Provides that information so provided shall be subject to all confidentiality provisions of the confidentiality Section. CONFERENCE COMMITTEE REPORT NO. 1 Recommends that the House recede from H-ams 1 and 5. Recommends that the bill be amended as follows: Adds reference to: 30 ILCS 805/8.25 new Deletes reference to: 35 ILCS 5/201 from Ch. 120, par. 2-201 35 ILCS 5/203 from Ch. 120, par. 2-203 35 ILCS 5/405 35 ILCS 5/803 from Ch. 120, par. 8-803 35 ILCS 5/1501 from Ch. 120, par. 15-1501 35 ILCS 105/3-5 from Ch. 120, par. 439.3-5 35 ILCS 105/9 from Ch. 120, par. 439.9 35 ILCS 105/10 from Ch. 120, par. 439.10 35 ILCS 105/22 from Ch. 120, par. 439.22 35 ILCS 110/20 from Ch. 120, par. 439.50 35 ILCS 115/20 from Ch. 120, par. 439.120 35 ILCS 120/3 from Ch. 120, par. 442 35 ILCS 120/6 from Ch. 120, par. 445 35 ILCS 130/4 from Ch. 120, par. 453.4 35 ILCS 130/6 from Ch. 120, par. 453.6 35 ILCS 135/4 from Ch. 120, par. 453.34 35 ILCS 135/6 from Ch. 120, par. 453.36 220 ILCS 5/8-403.1 from Ch. 111 2/3, par. 8-403.1 30 ILCS 805/8.24 new Deletes everything. Amends the Retailers' Occupation Tax Act. Changes provisions that exempt the sale in an enterprise zone of building materials to be incorporated into real estate in that enter- prise zone to instead exempt the sale of building materials sold by a retailer in Illinois to be incorporated into real estate in any enterprise zone in Illinois. Exempts the provisions from the sunset requirements. Provides that the Department of Revenue may make avail- able to the Board of Trustees of any Metro East Mass Transit District information contained on transaction reporting returns required to be filed that report sales made within the boundary of the taxing auth- ority of that Metro East Mass Transit District. Provides that the disclosure shall be made pursuant to a written agreement between the Department and the Board of Trustees, which is an official purpose within the meaning of the confidentiality of records provisions of the Act. Provides that information so provided shall be subject to all confidentiality provisions imposed on the Department under the Act. Amends the State Mandates Act to require implementation without reimbursement. Last action on Bill: PUBLIC ACT.............................. 91-0954 Last action date: 01-02-23 Location: Senate Amendments to Bill: AMENDMENTS ADOPTED: HOUSE - 1 SENATE - 0 END OF INQUIRY Full Text Bill Status