093_HB1107ham002

 










                                     LRB093 02688 SJM 12873 a

 1                    AMENDMENT TO HOUSE BILL 1107

 2        AMENDMENT NO.     .  Amend House Bill 1107,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Illinois Income Tax Act  is  amended  by
 6    adding Section 213 as follows:

 7        (35 ILCS 5/213 new)
 8        Sec. 213. Assistive technology devices tax credit.
 9        (a)  Beginning  with  taxable  years  ending  on or after
10    December 31, 2003, each taxpayer that is a small business  is
11    entitled  to  a credit against the tax imposed by subsections
12    (a) and (b) of Section 201 in the amount of 50% of the amount
13    spent by the taxpayer in the taxable year, up  to  a  maximum
14    credit of $2,500 in the taxable year, for modifications to or
15    the  purchase of assistive technology devices for people with
16    disabilities to improve their functional capabilities on  the
17    job.  The  Department  shall establish by rule those expenses
18    that are eligible for the credit under this Section. The  tax
19    credit  may  not reduce the taxpayer's liability to less than
20    zero.  This Section is exempt from the provisions of  Section
21    250 of this Act.
22        (b)  If   the  amount  of  the  credit  exceeds  the  tax
 
                            -2-      LRB093 02688 SJM 12873 a
 1    liability for the year, the excess may be carried forward and
 2    applied to the tax liability of the 5 taxable years following
 3    the excess credit year. The credit shall be  applied  to  the
 4    earliest  year  for  which there is a tax liability. If there
 5    are credits from more than one tax year that are available to
 6    offset a liability,  the  earlier  credit  shall  be  applied
 7    first.
 8        (c)  In this Section:
 9        "Small  business"  means  a  business  that  (i)  has  14
10    employees  or  less  and (ii) has a gross income, for federal
11    income tax purposes, of $3,000,000 or  less  in  the  taxable
12    year.
13        "Assistive  technology  device"  means any item, piece of
14    equipment, or product system, whether acquired  commercially,
15    off  the  shelf,  modified,  or  customized,  that is used to
16    increase, maintain, or  improve  functional  capabilities  of
17    people with disabilities.
18        "People  with disabilities" includes any person who has a
19    physical or mental impairment that substantially  limits  one
20    or  more  of the major life activities of the individual; who
21    has a record of such an impairment; or  who  is  regarded  as
22    having such an impairment.

23        Section  99.  Effective date.  This Act takes effect upon
24    becoming law.".