92nd General Assembly
Summary of HB0539
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Short description: 
CIGARETTE TAX-INCREASE                                                     

Synopsis of Bill as introduced:
        Amends the Use Tax Act, the Service  Use  Tax  Act,  the  Service      
   Occupation  Tax Act, and the Retailers' Occupation Tax Act.  Beginning      
   January 1, 2002, exempts from the taxes imposed by these Acts tangible      
   personal  property  and   its   component   parts   purchased   by   a      
   telecommunications carrier if the property and parts are used directly      
   and  primarily in transmitting, receiving, switching, or recording any      
   interactive, two-way electromagnetic communications, including  voice,      
   image,   data,  and  information,  through  the  use  of  any  medium,      
   including,  but  not  limited  to,  poles,  wires,  cables,  switching      
   equipment, computers, and record storage  devices and media.   Excepts      
   the  provisions  from  the  sunset  requirements.    Amends  the State      
   Mandates  Act  to  require   implementation   without   reimbursement.      
   Effective immediately.                                                      
        HOUSE AMENDMENT NO. 1.                                                 
          Deletes reference to:                                                
          35 ILCS 110/3-5                                                      
          35 ILCS 115/3-5                                                      
          35 ILCS 120/2-5                                                      
          30 ILCS 805/8.25 new                                                 
        Replaces the amendatory changes in  the  bill  with  a  technical      
   change to the Use Tax Act.                                                  
          FISCAL NOTE (Department of Revenue)                                  
          HB 539 will create an indeterminable fiscal impact to the State      
          and local governments. The Department cannot estimate the            
          actual cost; however, this exemption is so inclusive as to           
          potentially cover all purchases made by telecommunications           
          carriers. The resulting revenue loss to the State and to local       
          governments will be substantial.                                     
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 105/3-5                                                      
          Adds reference to:                                                   
          35 ILCS 130/2                   from Ch. 120, par. 453.2             
          35 ILCS 130/3                   from Ch. 120, par. 453.3             
          35 ILCS 135/2                   from Ch. 120, par. 453.32            
          35 ILCS 135/3                   from Ch. 120, par. 453.33            
          35 ILCS 200/31-35                                                    
        Deletes everything.    Amends  the  Cigarette  Tax  Act  and  the      
   Cigarette  Use Tax Act.  Increases the tax from 29 mills per cigarette      
   sold or used in Illinois (58 cents per pack of 20)  to  49  mills  per      
   cigarette  sold  or  used  in  Illinois  (98  cents  per  pack of 20).      
   Provides  for  payment  of  $5,000,000  per  month  into  the   School      
   Infrastructure  Fund  beginning  on  April  1, 2003. Provides that any      
   distributor having cigarettes to which stamps have been affixed in his      
   or her possession for sale on July 1, 2002 shall not  be  required  to      
   pay  the  additional tax imposed on those stamped cigarettes. Provides      
   that, beginning on the effective date of this amendatory Act and            
   through June 30, 2002, persons holding valid licenses as distributors       
   may purchase cigarette tax stamps up to an amount equal to 115% of the      
   distributor's average monthly cigarette tax stamp purchases over the        
   12 calendar months prior to the effective date of this amendatory Act.      
   Amends  the Property Tax Code. Provides that the revenue from the real      
   estate transfer tax shall  be  deposited  as  follows:  50%  into  the      
   Illinois  Affordable  Housing  Trust  Fund (same as now); 20% into the      
   Open Space Lands Acquisition and Development Fund (now, 35%); 5%  into      
   the  Natural  Areas  Acquisition  Fund  (now,  15%);  and 25% into the      
   General Revenue Fund (now, none). Effective immediately.                    
Last action on Bill: PUBLIC ACT.............................. 92-0536

   Last action date: JUN-06-2002

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


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