Bill Status of HB 3419   100th General Assembly

Short Description:  EXPATRIATE CORP/FOREIGN HAVEN

House Sponsors
Rep. Jaime M. Andrade, Jr.-Martin J. Moylan-Christian L. Mitchell, Katie Stuart, Silvana Tabares, Stephanie A. Kifowit, Lawrence Walsh, Jr., John C. D'Amico, Sam Yingling, Sue Scherer, Michelle Mussman, Luis Arroyo, Daniel V. Beiser, Marcus C. Evans, Jr., Laura Fine, Anna Moeller, Brandon W. Phelps, Michael J. Zalewski, Kathleen Willis, Emanuel Chris Welch, La Shawn K. Ford, Rita Mayfield, Jay Hoffman, Kelly M. Cassidy, Gregory Harris, Carol Ammons, Sonya M. Harper, Justin Slaughter, Jerry Costello, II, Camille Y. Lilly, Linda Chapa LaVia, Elizabeth Hernandez, Robert Martwick and Elgie R. Sims, Jr.

Senate Sponsors
(Sen. Michael E. Hastings-Iris Y. Martinez-Wm. Sam McCann-Omar Aquino-Laura M. Murphy, Melinda Bush, Thomas Cullerton and Jacqueline Y. Collins)


Last Action  View All Actions

DateChamber Action
  11/9/2017HousePublic Act . . . . . . . . . 100-0551

Statutes Amended In Order of Appearance
30 ILCS 500/1-15.120 new
30 ILCS 500/45-10
30 ILCS 500/50-17 new
35 ILCS 5/1501from Ch. 120, par. 15-1501
40 ILCS 5/1-110.16

Synopsis As Introduced
Amends the Illinois Procurement Code. Provides that an expatriate corporation shall be considered a non-resident bidder for purposes of the Code. Provides that no business or member of a unitary business group shall submit a bid for or enter into a contract with a State agency under the Code if the business is an expatriate corporation. Defines "expatriate corporation". Amends the Illinois Income Tax Act. Provides that notwithstanding provisions of the Act, any person formed or incorporated in a foreign tax haven may be a member of a unitary business group without regard to where its business activities are conducted. Defines "foreign tax haven". Amends the General Provisions Article of the Illinois Pension Code. Requires the Illinois Investment Policy Board to make its best efforts to identify all expatriate companies and include those companies in the list of restricted companies distributed to each retirement system and the Illinois State Board of Investment.

 Fiscal Note (Dept. of Revenue)
 This bill would have no impact on State income tax revenue. Since the Illinois Income Tax Act is already a territorial based taxing system, a corporate inversion transaction is not a State Income tax avoidance scheme. Under current law, the Illinois Income Tax Act taxes U.S. companies only on their domestic income derived from Illinois business activities but does not tax foreign income. As a result, the bill does not provide a remedy to any State income tax planning.

House Floor Amendment No. 1
Deletes reference to:
30 ILCS 500/45-10
35 ILCS 5/1501

Replaces everything after the enacting clause with provisions of the introduced bill with the following changes: Changes references of "expatriate corporation" to "expatriated entity", and makes changes to the definition of "expatriated entity". Removes provisions concerning resident bidders. Includes certain exceptions to the prohibition on expatriated entities submitting bids or entering into contracts with the State. Removes changes to the Illinois Income Tax Act. In provisions amending the Illinois Pension Code, sets forth procedures for retirement systems to adhere to in dealing with expatriated entities. Includes "expatriated entities" in the definition of "restricted companies". Requires certain information to be provided to the State Treasurer. Requires notice to certain restricted companies that it may be subject to shareholder activism. Requires certain information to be provided to the Illinois Investment Policy Board by April 1 of each year (rather than at least annually).

Actions 
DateChamber Action
  2/9/2017HouseFiled with the Clerk by Rep. Jaime M. Andrade, Jr.
  2/10/2017HouseFirst Reading
  2/10/2017HouseReferred to Rules Committee
  2/22/2017HouseAssigned to State Government Administration Committee
  3/8/2017HouseAdded Chief Co-Sponsor Rep. Christian L. Mitchell
  3/8/2017HouseDo Pass / Short Debate State Government Administration Committee; 005-002-000
  3/9/2017HousePlaced on Calendar 2nd Reading - Short Debate
  3/9/2017HouseFiscal Note Requested by Rep. Tom Demmer
  3/15/2017HouseSecond Reading - Short Debate
  3/15/2017HouseHeld on Calendar Order of Second Reading - Short Debate
  3/17/2017HouseFiscal Note Filed
  3/21/2017HouseAdded Co-Sponsor Rep. Katie Stuart
  3/23/2017HouseSecond Reading - Short Debate
  3/23/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  3/23/2017HouseAdded Co-Sponsor Rep. Silvana Tabares
  3/23/2017HouseAdded Chief Co-Sponsor Rep. Martin J. Moylan
  3/29/2017HouseAdded Co-Sponsor Rep. Stephanie A. Kifowit
  3/29/2017HouseAdded Co-Sponsor Rep. Lawrence Walsh, Jr.
  3/30/2017HouseAdded Co-Sponsor Rep. John C. D'Amico
  3/30/2017HouseAdded Co-Sponsor Rep. Sam Yingling
  3/30/2017HouseAdded Co-Sponsor Rep. Sue Scherer
  4/4/2017HouseAdded Co-Sponsor Rep. Michelle Mussman
  4/5/2017HouseAdded Co-Sponsor Rep. Luis Arroyo
  4/5/2017HouseAdded Co-Sponsor Rep. Daniel V. Beiser
  4/5/2017HouseAdded Co-Sponsor Rep. Marcus C. Evans, Jr.
  4/5/2017HouseAdded Co-Sponsor Rep. Laura Fine
  4/5/2017HouseAdded Co-Sponsor Rep. Anna Moeller
  4/5/2017HouseAdded Co-Sponsor Rep. Brandon W. Phelps
  4/5/2017HouseAdded Co-Sponsor Rep. Michael J. Zalewski
  4/5/2017HouseAdded Co-Sponsor Rep. Kathleen Willis
  4/5/2017HouseAdded Co-Sponsor Rep. Emanuel Chris Welch
  4/5/2017HouseAdded Co-Sponsor Rep. La Shawn K. Ford
  4/5/2017HouseAdded Co-Sponsor Rep. Rita Mayfield
  4/5/2017HouseAdded Co-Sponsor Rep. Jay Hoffman
  4/5/2017HouseAdded Co-Sponsor Rep. Kelly M. Cassidy
  4/5/2017HouseAdded Co-Sponsor Rep. Gregory Harris
  4/5/2017HouseAdded Co-Sponsor Rep. Carol Ammons
  4/5/2017HouseAdded Co-Sponsor Rep. Sonya M. Harper
  4/5/2017HouseAdded Co-Sponsor Rep. Justin Slaughter
  4/5/2017HouseAdded Co-Sponsor Rep. Jerry Costello, II
  4/5/2017HouseAdded Co-Sponsor Rep. Camille Y. Lilly
  4/24/2017HouseAdded Co-Sponsor Rep. Linda Chapa LaVia
  4/24/2017HouseHouse Floor Amendment No. 1 Filed with Clerk by Rep. Jaime M. Andrade, Jr.
  4/24/2017HouseHouse Floor Amendment No. 1 Referred to Rules Committee
  4/26/2017HouseHouse Floor Amendment No. 1 Rules Refers to State Government Administration Committee
  4/27/2017HouseHouse Floor Amendment No. 1 Recommends Be Adopted State Government Administration Committee; 007-000-000
  4/28/2017HouseRecalled to Second Reading - Short Debate
  4/28/2017HouseHouse Floor Amendment No. 1 Adopted
  4/28/2017HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/28/2017HouseThird Reading - Short Debate - Passed 079-028-000
  4/28/2017HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/28/2017HouseAdded Co-Sponsor Rep. Robert Martwick
  5/2/2017SenateArrive in Senate
  5/2/2017SenatePlaced on Calendar Order of First Reading
  5/2/2017SenateChief Senate Sponsor Sen. Iris Y. Martinez
  5/2/2017SenateFirst Reading
  5/2/2017SenateReferred to Assignments
  5/2/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Wm. Sam McCann
  5/5/2017SenateAssigned to Executive
  5/12/2017SenatePostponed - Executive
  5/12/2017SenateRule 2-10 Committee Deadline Established As May 19, 2017
  5/18/2017SenateAdded as Alternate Co-Sponsor Sen. Omar Aquino
  5/18/2017SenateSponsor Removed Sen. Omar Aquino
  5/19/2017SenateDo Pass Executive; 010-005-000
  5/19/2017SenatePlaced on Calendar Order of 2nd Reading May 22, 2017
  5/19/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Michael E. Hastings
  5/19/2017SenateSponsor Removed Sen. Michael E. Hastings
  5/22/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Omar Aquino
  5/23/2017SenateSecond Reading
  5/23/2017SenatePlaced on Calendar Order of 3rd Reading May 24, 2017
  5/25/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Laura M. Murphy
  5/25/2017SenateAdded as Alternate Co-Sponsor Sen. Melinda Bush
  5/25/2017SenateAdded as Alternate Co-Sponsor Sen. Thomas Cullerton
  5/25/2017SenateAdded as Alternate Co-Sponsor Sen. Jacqueline Y. Collins
  5/25/2017SenateThird Reading - Passed; 045-010-000
  5/25/2017HousePassed Both Houses
  6/23/2017HouseSent to the Governor
  8/18/2017HouseGovernor Vetoed
  10/12/2017HousePlaced on Calendar Total Veto
  10/12/2017HouseMotion Filed Override Governor Veto Rep. Jaime M. Andrade, Jr.
  10/25/2017HouseAdded Co-Sponsor Rep. Elgie R. Sims, Jr.
  10/25/2017House3/5 Vote Required
  10/25/2017HouseOverride Governor Veto - House Passed 075-036-000
  10/25/2017HouseVerified
  11/1/2017SenatePlaced Calendar Total Veto
  11/2/2017SenateAlternate Chief Sponsor Changed to Sen. Michael E. Hastings
  11/2/2017SenateAdded as Alternate Chief Co-Sponsor Sen. Iris Y. Martinez
  11/7/2017SenateMotion Filed Override Governor Veto Sen. Michael E. Hastings
  11/8/2017Senate3/5 Vote Required
  11/8/2017SenateOverride Governor Veto - Senate Passed 039-012-000
  11/8/2017HouseBoth Houses Override Total Veto
  11/9/2017HouseEffective Date January 1, 2018
  11/9/2017HousePublic Act . . . . . . . . . 100-0551

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